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Vigilant Shield 09: A Cover for Illegal Domestic Operations?

Launched by President Bush in 2002 in the aftermath of the September 11,
2001 terrorist attacks, NORTHCOM has been mired in controversy since its
creation. Among its more dubious accomplishments were illegal domestic
spying operations in conjunction with the Pentagon's shadowy Counter
Intelligence Field Activity unit (CIFA) that targeted antiwar activists.

Despite CIFA's shut-down and the alleged dismantling of its TALON
database (now incorporated into the FBI's Guardian Threat Tracking
System), SourceWatch revealed that "in accordance with intelligence
oversight requirements, the DoD will maintain a record copy of the collected
data." One can't help but wonder whether that "record copy" of TALON
somehow migrated into a NORTHCOM database.

On November 17, U.S. Northern Command (NORTHCOM [1]) and the North American
Aerospace Defense Command (NORAD [2]) concluded Vigilant Shield 09 (VS09),
described in a press release [3] as a training exercise focused on
"homeland defense and civil support."

Launched by President Bush in 2002 in the aftermath of the September 11,
2001 terrorist attacks, NORTHCOM has been mired in controversy since its
creation. Among its more dubious accomplishments were illegal domestic
spying operations in conjunction with the Pentagon's shadowy Counter
Intelligence Field Activity unit (CIFA) that targeted antiwar activists.

Despite CIFA's shut-down [4] and the alleged dismantling of its TALON [5]
database (now incorporated into the FBI's Guardian Threat Tracking
System), SourceWatch revealed [6] that "in accordance with intelligence
oversight requirements, the DoD will maintain a record copy of the collected
data." One can't help but wonder whether that "record copy" of TALON
somehow migrated into a NORTHCOM database.

But the NORTHCOM-CIFA liaison wasn't the only episode of illegal military
spying on Americans to come to light. In May, the San Diego Union-Tribune
reported [7] that Marines, including a Colonel and the co-founder of the Los
Angeles County Terrorist Early Warning Center, stole top secret intelligence
files from Camp Pendleton's Strategic Technical Operations Center.

Among the documents filched by the intelligence privateers were those marked
"Top Secret, Special Compartmentalized Information," the highest U.S.
Government classification. The files included surveillance dossiers on the
Muslim community and antiwar activists in Southern California.

Before being run to ground by investigators, the spy ring regularly received
and disseminated secret files and surveillance reports transmitted by Lauren
Martin, a Navy reservist who worked as an outsourced intelligence analyst at
NORTHCOM headquarters in Colorado Springs. Martin was responsible for the
region that included Southern California.

Details on VS09 are few and far-between. However, according to U.S. Northern
Command News, VS09 "included scenarios to achieve exercise objectives
within the maritime, aerospace, ballistic missile defense, cyber,
consequence management, and counter terrorism situations."

The training exercise ran concurrently with "other Department of
Defense-sponsored and international exercises to more realistically test the
synchronized response of federal, state, local and international mission
partners in preparation for homeland defense, homeland security and civil
support missions in the United States and abroad."

A November 5 press release [8] described that the concurrent exercises
included "U.S. Strategic Command GLOBAL LIGHTNING 09 and BULWARK DEFENDER
09; Canada Command DETERMINED DRAGON; California National Guard VIGILANT
GUARD; and the State of California GOLDEN GUARDIAN."

Global Lightning 09 is a plan to use nuclear weapons in the event of a
surprise attack while Bulwark Defender was described by Matthew Rothschild
in The Progressive [9] as the Pentagon's "cyberspace protection
outfit."

California's Vigilant Guard and Golden Guardian [10] were state-wide
training exercises that concluded November 18 around planning for a
catastrophic 7.8 magnitude earthquake along the San Andreas fault. If so,
this would be an appropriate training venue for the California National
Guard. Why then, fold disaster preparations into a planning scenario for the
use of nuclear weapons in the event of a "surprise attack"?

Described as a "Command Post Exercise (CPX)," many of the forces
involved were "notional," in other words, real units and their equipment
"were not deployed from their home bases."

However, the rapidly expanding role of the U.S. military in "domestic
civil-support operations" and the breadth and scope of NORTHCOM
"training exercises" are troubling, to say the least.

In September, Army Times revealed [11] that the 3rd Infantry Division's
1st Brigade Combat Team (BCT) was deployed October 1, under the day-to-day
control of U.S. Army North, "the Army service component of Northern
Command, as an on-call federal response force for natural or manmade
emergencies and disasters, including terrorist attacks."

As Army Times noted, the BCT's "new mission" is the first time "an
active unit has been given a dedicated assignment to NorthCom, a joint
command established in 2002 to provide command and control for federal
homeland defense efforts and coordinate defense support of civil
authorities."

Perhaps a disturbing harbinger of things to come, "military support" of
"civil authorities" arises precisely during a period of extreme systemic
crisis not seen since the Great Depression and points to the rapid expansion
of an "emergency preparedness complex" as a discrete operational
division of the U.S. National Security State.

National Exercise Program: "Emergency Preparedness" or Martial Law?

The Congressional Research Service (CRS) issued a 46-page report [12]
November 10, 2008 on the National Exercise Program (NEP). Entitled,
"Homeland Emergency Preparedness and the National Exercise Program:
Background, Policy Implications, and Issues for Congress," the document
outlines, among other concerns, the domestic implications of military
participation in national emergency preparedness drills such as VS09.

As CRS researchers point out, the Reagan-era Executive Order 12656 (E.O.
12656 [13] ), "directs FEMA to coordinate the planning, conduct, and
evaluation of national security emergency exercises." E.O. 12656 defines a
national security emergency as "as any occurrence, including natural
disaster, military attack, technological emergency, or other emergency that
seriously degrades or seriously threatens the national security of the
United States." (CRS-4)

Additionally, Homeland Security Presidential Directive 8 (HSPD-8 [14])
requires the Secretary of Homeland Security, "in coordination with other
appropriate federal departments and agencies" to "establish a national
program and a multi-year planning system to conduct homeland security
preparedness-related exercises that reinforces identified training
standards, provides for evaluation of readiness, and supports the national
preparedness goal." CRS avers, "The program is to be carried out in
collaboration with state and local governments and private sector
entities."

Indeed, Washington Technology reported [15] November 10, that the defense
giant Northrop Grumman "will conduct a national preparedness drill for the
Federal Emergency Management Agency next year under a two-year, $12 million
contract."

While $12 million is chump change in Washington, the Project on Government
Oversight's Federal Contractor Misconduct Database lists Northrop Grumman
at No. 3 [16]. With violations running the gamut, from procurement fraud,
false claims, installation of substandard parts, violations of the Arms
Export Control Act and the International Traffic in Arms Regulations, cost
overruns, environmental damage-"from illegal dumping of toxic waste to air
pollution-"the company has paid the federal government and private
claimants some $465.4 million in fines and levies.

But that hasn't stopped the federal government from doing a brisk business
with Northrop Grumman!

The defense giant and their partners, security heavy-hitters ICF
International [17], Battelle Memorial Institute [18], Alutiiq LLC [19],
L-3 Communications [20], Unitech [21] and Interface Media Group [22]
"will conduct and evaluate the 2009 Tier 1 National Level Exercise, which
is the largest and most complex national disaster drill conducted by
FEMA's National Exercise Division," the high-tech insider publication
reported.

As CRS points out, "NLEs examine the preparation of the government and its
officers and other officials to prevent, respond to, or recover from
threatened or actual terrorist attacks, particularly those involving weapons
of mass destruction (WMD), major disasters, and other emergencies. NLEs
address strategic- and policy- level objectives intended to challenge the
national preparedness of the United States." (CRS-12)

"Preparedness Guidance" materials and processes for these exercises are
overseen by DHS and include the National Response Framework (NRF), the
National Incident Management System (NIMS), and the National Preparedness
Guidelines (NPG).

One of the first NEPs was the 1999 Top Officials (TOPOFF) simulation
exercises "to assess the nation's crisis and consequence management
capacity under extraordinary conditions." TOPOFF exercises enabled
high-level federal officials and relevant participants to "practice
different courses of action, gain and maintain situational awareness, and
assemble appropriate resources." (CRS-7) Between May 2000 and October
2007, four TOPOFF exercises have been run in various locales simulating
chemical, biological, pneumonic plague outbreak, as well as the detonation
of an radiological dispersal device ("dirty bomb") adjacent to a power
plant.

As CRS reports, many aspects of federal executive branch planning for
prevention and response to "terrorist attacks" are highly classified and
that classified exercises "should be a logical component of the exercise
scenario and aligned with exercise objectives." What such "alignment"
actually means is not specified by CRS.

As I noted in the examples cited above, VS09 and Golden Guardian, many NEPs
run simultaneously, thus rendering the more dubious aspects of such
"emergency planning exercises" opaque to citizen scrutiny, let alone
democratic decision-making control over their breadth and scope.

For example, NLE 1-08 ran simultaneously with TOPOFF 4 as well as with DoD
and Health and Human Services-based exercises. Under cover of NLE 2-08, as
CRS documents, "two FEMA exercises, Eagle Horizon 08, designed to exercise
the continuity of operations (COOP) capabilities of federal agencies in the
National Capital Region (NCR), and Hurricane Prep 08, designed to test FEMA
response to a hurricane, exercised under the same scenario. Both exercises
incorporated some of the simulated intelligence materials established for
three DOD conducted exercises held during NLE 2-08: Positive Response 08-2;
Ardent Sentry 08; and Ultimate Caduceus 08." (CRS-14)

Ardent Sentry, Positive Response and Ultimate Caduceus were training
scenarios for a terrorist-related nuclear attack as were Global Lightning
and Able Warrior. What pray tell, do such exercises have to do with
preparations for hurricane relief? If the federal response to Hurricane
Katrina are any indication, not much. What then are such exercises designed
to simulate?

CRS reports that "During the NLE 2-08 planning process, DOD and DHS held
joint planning conferences. Further, DOD provided some logistical support to
the DHS Eagle Horizon continuity exercise, which based its exercise control
cell and some evaluation components at DOD's Joint Warfighting Center
(JWFC). Both agencies anticipate future NLEs will be carried out according
to timing specified in the NEP implementation plan, based on common exercise
scenarios and coordinated response activities." (CRS-14)

CRS investigators state there are "two principal areas where DOD would
play a significant role in the overall response: Homeland defense operations
and civil support operations." The Department of Defense defines homeland
defense as "The protection of United States sovereignty, territory,
domestic population, and critical defense infrastructure against external
threats and aggression or other threats as directed by the President."
(CRS-15)

On the other hand, civil support is defined as "Department of Defense
support to US civil authorities for domestic emergencies, and for designated
law enforcement and other activities." While CRS claims that civil support
is strictly limited to supporting civil authorities "in their response to
manmade and natural disasters" or "supporting public health," the last
clause, "maintaining civil order" should set alarm bells ringing.

DoD's role during such emergencies are intended to focus "principally on
domestic incident management, either for terrorism or non terrorist
catastrophic events." DoD would play a "significant role" in the
overall response. Such definitions cover a lot of ground and are ripe with
potential for abuse by unscrupulous securocrats and their corporatist
partners in crime.

As Antifascist Calling has reported in numerous articles, Continuity of
Operations (COOP) planning scenarios are intimately linked to top-secret
Continuity of Government (COG) programs to be triggered by a "catastrophic
event." Such plans include contingencies for the implementation of martial
law and the suspension of the Constitution by Executive Branch fiat.

The primary DoD entity responsible for "civil support," as numerous
researchers have averred is NORTHCOM and its active combat component, U.S.
Army North. CRS asserts that NORTHCOM is prohibited by The Posse Comitatus
Act (18 U.S.C. 1385) from executing civilian laws and a police function. But
as I wrote [23] in early October, "exercising sweeping emergency powers
buried within Presidential Decision Directives (PDDs), unelected officials
could suspend the Constitution, declare martial law and create an Executive
Branch dictatorship that rests solely on the power of the U.S. military."

This power will transfer automatically when Barack Obama is sworn in as
President and Commander-in-Chief on January 20, 2009. Indeed, it would be a
profound error if activists and concerned citizens fell into the trap of
assuming that the potential for grave Executive Branch abuses were the
exclusive domain of the outgoing Bush administration.

While the Oval Office décor may change, unaccountable Executive Branch
power will remain an enduring feature of the repressive capitalist state.

DHS and NORTHCOM: Best Friends Forever

Earlier this year, NORAD and NORTHCOM participated in training exercises
across the country, also in support of "civil authorities" in the event
of a catastrophic attack or "natural disaster."

Vibrant Response, another CPX, was conducted at Ft. Stewart, Georgia
September 18 and included elements of the Consequence Management Response
Force, or CCMRF ("sea-smurfs"). The CCMRF would respond in the event of
chemical, biological, radiological, nuclear, or high-yield explosive (CBRNE)
incidents.

As I reported [24] in October, "two combat units from the 1st Brigade
Combat Team, 3rd Army Division and the elite 82nd Combat Aviation Brigade
participated in mock drills designed to -˜coordinate with local governments
and interagency organizations such as the Federal Bureau of Investigation
and the Federal Emergency Management Agency,' according to a report [25]
on U.S. Northern Command News."

As a "subordinate command" under the control of U.S. Army North, the
Joint Task Force Civil Support (JTF-CS) provides command and control for the
CCMRF unit.

In May, NORAD and NORTHCOM participated in National Level Exercise 2-08 (NLE
2-08) under the overall command of the U.S. Department of Homeland Security
(DHS), according to a report [26] by U.S. Northern Command News. NLE
2-08's main focus "was to provide realistic training" for CCMRF
personnel in response "to a simulated chemical attack on the Seattle
waterfront followed by a similar simulated attack in Whatcom County,
Wash." Some 1,200 CCMRF personnel were deployed during the exercise.

But planning and consequence management in the event of a catastrophic
terrorist attack or natural disaster isn't all that NORTHCOM's up to.
Indeed, back in April, U.S. Northern Command News reported [27] that both
DHS and NORTHCOM are planning

...to refine their existing intelligence relationship, said the top DHS
intelligence official during a recent visit to USNORTHCOM headquarters.

"We have a number of areas where we've already agreed that we will
begin new initiatives together, where we will do joint projects
together, where we will do intelligence analysis together, where we will
work to understand what NORTHCOM is doing in exercises and training,"
said Charles Allen, the DHS undersecretary for Intelligence and
Analysis.

The intelligence divisions of DHS and USNORTHCOM are "extraordinarily
compatible," Allen said, and the organizations have the same goals.
(Sgt. 1st Class Gail Braymen, NORAD and USNORTHCOM Public Affairs,
"USNORTHCOM, DHS refine relationship," U.S. Northern Command News,
April 10, 2008)

As I reported [28] last week, citing a leaked planning document [29]
published by the global whistleblowing group Wikileaks [30], intelligence
and security agencies across the federal spectrum including the FBI, DHS,
USSS, NGA and NORTHCOM conspired to squelch dissent during the Republican
National Convention.

Apparently, this is what DHS Undersecretary Allen meant when he described
how the intelligence arms of both organizations were "extraordinarily
compatible."

Allen told U.S. Northern Command News that strengthening the relationship
between DHS and NORTHCOM intelligence "will promote more efficient and
effective information sharing," and that "the American public benefits
because the intelligence community at the federal level is working together
in new and different ways."

As if the militarization of society and the destruction of our civil
liberties were something we should embrace! How's that for an Orwellian
twist on the phrase "public benefit"? But as the philosopher Voltaire
once quipped, "the history of the great events of this world are scarcely
more than the history of crime."

And so it is as America breathlessly awaits the dawning of the new
"change" regime.

Tom Burghardt is a researcher and activist based in the San Francisco Bay
Area. In addition to publishing in Covert Action Quarterly and Global
Research, an independent research and media group of writers, scholars,
journalists and activists based in Montreal, his articles can be read on
Dissident Voice, The Intelligence Daily and Pacific Free Press. He is the
editor of Police State America: U.S. Military "Civil Disturbance" Planning,
distributed by AK Press. Read other articles by Tom, or visit Tom's website.

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End notes:

[1]