The Homeland Security State

By Nicholas Turse, Tomdispatch.com. Posted February 1, 2005.

Part I: The Military Half

If you're reading this on the internet, the FBI may be spying on you at this very moment.

Under provisions of the USA Patriot Act, the Department of Justice has been collecting e-mail and IP (a computer's unique numeric identifier) addresses, without a warrant, using trap-and-trace surveillance devices ("pen-traps"). Now, the Federal Bureau of Investigation, Justice's principle investigative arm, may be monitoring the web-surfing habits of internet users – also without a search warrant – that is, spying on you with no probable cause whatsoever.

In the wake of Sept. 11, 2001, with the announcement of a potentially never-ending "war on terror" and in the name of "national security," the Bush administration embarked on a global campaign that left in its wake two war-ravaged states (with up to one hundred thousand civilian dead in just one of them); an offshore "archipelago of injustice" replete with "ghost jails" and a seemingly endless series of cases of torture, abuse, and the cold-blooded murder of prisoners. That was abroad. In the U.S.A., too, things have changed as America became "the Homeland" and an already powerful and bloated national security state developed a civilian corollary fed by fear-mongering, partisan politics, and an insatiable desire for governmental power, turf and budget.

A host of disturbing and mutually-reinforcing patterns have emerged in the resulting new Homeland Security State – among them: a virtually unopposed increase in the intrusion of military, intelligence, and "security" agencies into the civilian sector of American society; federal abridgment of basic rights; denials of civil liberties on flimsy or previously illegal premises; warrant-less sneak-and-peak searches; the wholesale undermining of privacy safeguards (including government access to library circulation records, bank records, and records of internet activity); the greater empowerment of secret intelligence courts (like the Foreign Intelligence Surveillance Act court) that threaten civil liberties; and heavy-handed federal and local law enforcement tactics designed to chill, squelch or silence dissent.

While it's true that most Americans have yet to feel the brunt of such policies, select groups, including Muslims, Arab immigrants, Arab Americans, and anti-war protesters, have served as test subjects for a potential Homeland Security juggernaut that, if not stopped, will only expand.

The Military Brings It All Back Home

Over the past few years we've become familiar with Gen. John Abizaid's Central Command (CENTCOM) whose "areas of responsibility" (AORs) stretch from the Horn of Africa to Central Asia, including, of course, the Iraq war zone. Like CENTCOM, the U.S. has other commands that blanket the rest of the world, including the Pacific Command (PACCOM, established in 1947) and the European Command (EURCOM, established in 1952). In 2002, however, the Pentagon broke new command ground by deciding, after a fashion, to bring war to the Homeland. It established the U.S. Northern Command (NORTHCOM) whose AOR is "America's homefront."

NORTHCOM is much more forthright about what it supposedly doesn't do than what it actually does. Its web site repeatedly, in many forms, notes that NORTHCOM is not a police auxiliary and that the Reconstruction-era Posse Comitatus Act prevents the military from meddling much in domestic affairs. Despite this, NORTHCOM readily, if somewhat vaguely, admits to "a cooperative relationship with federal agencies" and "information-sharing" among organizations. NORTHCOM's commander Gen. Ralph "Ed" Eberhart, who, the Wall Street Journal notes, is the "first general since the Civil War with operational authority exclusively over military forces within the U.S," was even more blunt when he told PBS's Newshour "[W]e are not going to be out there spying on people[, but] we get information from people who do."

Even putting NORTHCOM aside, the military has recently been creeping into civilian life in all sorts of ways. Back in 2003, for instance, Torch Concepts, an Army sub-contractor, was given JetBlue's entire 5.1 million passenger database, without the knowledge or consent of those on the list, for data-mining – a blatant breach of civilian privacy that the Army nonetheless judged not to violate the federal Privacy Act. Then, in 2004, Army intelligence agents were caught illegally investigating civilians at a conference on Islam at the University of Texas law school in Austin.

And just recently, on the very same day The Washington Postreported that "the Pentagon… [has] created a new espionage arm and is reinterpreting U.S. law to give Defense Secretary Donald H. Rumsfeld broad authority over clandestine operations abroad," The New York Times reported that, as part of the "extraordinary army of 13,000 troops, police officers and federal agents marshaled to secure the [presidential] inauguration," the Pentagon had deployed "super-secret commandos… with state-of-the-art weaponry" in the nation's capitol. This was done under government directives that undercut the Posse Comitatus Act of 1878. According to the Times, the black-ops cadre, based out at the ultra-secretive Joint Special Operations Command at Fort Bragg, N.C., is operating under "a secret counterterrorism program code-named Power Geyser," a program just recently brought to light in Code Names, a new book by a former intelligence analyst for the Army, William M. Arkin, who says that the "special-mission units [are being used] in extra-legal missions…in the United States" on the authority of the Department of Defense's Joint Staff and with the support of the DoD's Special Operations Command and NORTHCOM.

Nick Turse is a doctoral candidate at the Center for the History & Ethics of Public Health in the Mailman School of Public Health at Columbia University. He writes for the Village Voice and regularly for Tomdispatch on the military-corporate complex.

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