Homeland Security Secretary Chertoff said on CNN that he has authority over the Pentagon in the event of a terrorist attack in the United States, and security specialists outside the government said the plans reported by the Post did not appear to mark a substantive break with past practice. So, No Martial Law via the Pentagon?????
http://www.latimes.com/news/printedition/asection/la-na-security9aug09,1,1603189.story?coll=la-news-a_sectionChertoff Differs With the Military
Disputing a news report, the Homeland Security chief says his office, not the Pentagon, would take the lead if terrorists strike again in the U.S.
By Nicole Gaouette, Times Staff Writer
WASHINGTON — <snip>"The Department of Homeland Security has the responsibility under the president's directives to coordinate the entirety of the response to a terrorist act here in the United States," Chertoff said on CNN, responding to news reports that the Pentagon has drawn up plans for military action.
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The Washington Post reported Monday that the Defense Department has a series of classified plans for the role it might play in scenarios that range from crowd-control assignments to dealing with a radiological or biological attack. The article quoted Adm. Thomas J. Keating, head of the Northern Command, as saying: "
a biological, chemical or nuclear attack in any of the 50 states, the Department of Defense is best positioned — of the various eight federal agencies that would be involved — to take the lead."
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The story raised concern about possible plans for declaring martial law, since the military is forbidden to take part in domestic law enforcement under the Posse Comitatus Act of 1878. Some analysts questioned whether the plans signaled a historic shift for the Pentagon.
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Pentagon officials in the past have stressed that in any emergency situation in which the military was deployed, it would work to back up local and state authorities. In June, the Pentagon issued a domestic defense strategy underscoring that civilian law enforcement had primary responsibility for domestic law enforcement.<snip>