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As he did in 2007, President Bush has again, on August 28, 2008, continued for another year the national emergency first officially proclaimed on September 14, 2001, along with “the powers and authorities adopted to deal with that emergency:”
Because the terrorist threat continues, the national emergency declared on September 14, 2001, and the powers and authorities adopted to deal with that emergency, must continue in effect beyond September 14, 2008.
Therefore, I am continuing in effect for an additional year the national emergency I declared on September 14, 2001, with respect to the terrorist threat. This notice shall be published in the Federal Register and transmitted to the Congress.
GEORGE W. BUSH THE WHITE HOUSE, August 28, 2008.
In 2007 National Security Presidential Directive 51 (NSPD 51), issued by the White House, also extended for one year the emergency proclaimed in 2001; and it empowered the President to personally ensure “continuity of government.” NSPD 51 also contained “classified Continuity Annexes” to “be protected from unauthorized disclosure.” Congressman DeFazio twice requested to see these Annexes, the second time in a letter cosigned by House Homeland Security Committee Chairman Bennie Thompson and Oversight Subcommittee Chairman Christopher Carney. The White House denied these requests, claiming that the congressmen lacked the requisite clearances. But as I wrote earlier this year, “Congress has a right to be concerned about Continuity of Government (COG) plans refined by Dick Cheney and Donald Rumsfeld over the past quarter century….The story, ignored by the mainstream press, involved more than the usual tussle between the legislative and executive branches of the U.S. Government. What was at stake was a contest between Congress’s constitutional powers of oversight, and a set of policy plans that could be used to suspend or modify the constitution.”
Oliver North, who worked on COG planning with Rumsfeld and Cheney in the 1980s, was asked in the Iran-Contra Hearings about his work on an emergency plan “that would suspend the American constitution.” Democratic Senator Inouye, who was presiding, pounded his gavel and interjected that this was a “highly sensitive and classified matter,” not to be dealt with in an open hearing. Congress has never discussed COG plans publicly since that time.