NSPD-51 and the Potential for a Coup d'Etat by National Emergency
William H. White
Can you think of anyone better than George W. Bush with whom to entrust the dictatorial powers hinted at in NSPD-51? Or perhaps you are unwilling to trust anyone with such powers, even Bush. That is not an option in NATIONAL SECURITY PRESIDENTIAL DIRECTIVE 51 (NSPD-51), signed by Bush and released without comment by the White House on May 9, 2007. To quote from NSPD-51: “This policy establishes ‘National Essential Functions,’ prescribes continuity requirements for all executive departments and agencies, and provides guidance for State, local, territorial, and tribal governments, and private sector organizations in order to ensure a comprehensive and integrated national continuity program that will enhance the credibility of our national security posture and enable a more rapid and effective response to and recovery from a national emergency.” What one would expect, but for some of its few details.
Under NSPD-51, only limited ‘National Essential Functions’ of government will continue, which may or may not include Congress and the courts. NSPD-51 assures us: “Enduring Constitutional Government means a cooperative effort among the executive, legislative, and judicial branches of the Federal Government, coordinated by the President, as a matter of comity with respect to the legislative and judicial branches...” This “matter of comity,” which usually refers to the informal and voluntary recognition of jurisdiction among courts, is troublesomely ambiguous in this context. Is Bush claiming that he, rather than the U.S. Constitution as interpreted by the Supreme Court, determines which functions the three branches of the federal government shall continue to perform? Does the president decide for himself, as he "coordinates," which laws and court orders to faithfully execute?
NSPD-51 claims that it "provides guidance” to state and local governments, when in fact it does the opposite because it revoked the then existing Presidential Decision Directive 67 of October 21, 1998 ("Enduring Constitutional Government and Continuity of Government Operations"), including “all Annexes thereto.” And replaced them with NSPD-51, along with: “Annex A and the classified Continuity Annexes, attached hereto.” But then the rabbit disappears as NSPD-51 soldiers on: “This directive and the information contained herein shall be protected from unauthorized disclosure, provided that, except for Annex A, the Annexes attached to this directive are classified and shall be accorded appropriate handling, consistent with applicable Executive Orders.” In other words, all the details are secret and even the non secret “Annex A” remains undisclosed by the White House.
Having revoked on May 9, 2007 the nation’s then existing emergency plan for continued national governance without explanation, Bush’s NSPD-51 calls for: “The Plan shall be submitted to the President for approval not later than 90 days after the date of this directive.” One assumes, during this lapse in emergency plans, no emergency was expected, or at least presented less risk than leaving that old Clinton plan in place. Since the national media, except one story each in the Washington Post and Boston Globe, have ignored NSPD-51, Bush has not bothered to explain any of this.
Especially if such explanations might raise questions about the decision to revoke the existing plan before finishing work on the new plan, which some might conclude serves only to rush the review of one of the most complex and sensitive plans in government in an attempt to slip something by the rest of us. Whatever the motive, abruptly revoking the existing plan, while mandating a new plan within 90 days, exhibits the same reckless, delusional optimism that characterizes much of Bush's planning record. Clearly Bush is confident he can do far better than Clinton, whose administration labored for years on that old plan. Much of the old plan may even be in the new plan, who knows?
Among those who do not know are members of the House Committee on Homeland Security. The Bush administration has repeatedly denied the committee access to NSPD-51, about which Oregon Rep. Peter DeFazio (D) complained in a speech on the floor of the House of Representatives. What we do know is those 90 days passed without a new plan approval being announced. Perhaps no plan gives the president exactly the maximum power and minimum accountability desired; or, perhaps the plan's approval is secret as well. Apparently, the "matter of comity"among the three branches of government, referred to in NSPD-51, does not include allowing NSPD-51 to be read by members of Congress, which the Congress, in a continuing pattern of acquiesce, has not challenged.
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