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Obama's Final Loophole: The "Catastrophic Emergency" Clause?

Tyler Durden's picture


Politico's Ben White has pointed out something interesting, namely that while the 14th Amendment may or may not be practical under the current situation (especially not without a full blown constitutional crisis), one potential loophole that Obama may have comes from none other than former president Bush, in the form of the Homeland Security Presidential Directive-20, one which deals with such trivia as "Catastrophic Emergency", "Continuity of Government", "Continuity of Operations", and lastly, and perhaps somewhat ironically, "Enduring Constitutional Government." Considering the amount of doom and gloom spun by the government is bigger than anything seen even under Hank Paulson, could this "crisis" be interpreted by the constitutional scholar as one that merits the invocation of Homeland Security privileges? Is America's maxing out its credit card comparable to a nuclear or terrorist attack on the continent? We may find out in less than 48 hours.

So, for your reading pleasure, here is National Security and Homeland Security Presidential Directive 51/20



Subject: National Continuity Policy


(1) This directive establishes a comprehensive national policy on the continuity of Federal Government structures and operations and a single National Continuity Coordinator responsible for coordinating the development and implementation of Federal continuity policies. 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.


(2) In this directive:

    (a) "Category" refers to the categories of executive departments and agencies listed in Annex A to this directive;

    (b) "Catastrophic Emergency" means any incident, regardless of location, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the U.S. population, infrastructure, environment, economy, or government functions;

    (c) "Continuity of Government," or "COG," means a coordinated effort within the Federal Government's executive branch to ensure that National Essential Functions continue to be performed during a Catastrophic Emergency;

    (d) "Continuity of Operations," or "COOP," means an effort within individual executive departments and agencies to ensure that Primary Mission-Essential Functions continue to be performed during a wide range of emergencies, including localized acts of nature, accidents, and technological or attack-related emergencies;

    (e) "Enduring Constitutional Government," or "ECG," 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 and with proper respect for the constitutional separation of powers among the branches, to preserve the constitutional framework under which the Nation is governed and the capability of all three branches of government to execute constitutional responsibilities and provide for orderly succession, appropriate transition of leadership, and interoperability and support of the National Essential Functions during a catastrophic emergency;

    (f) "Executive Departments and Agencies" means the executive departments enumerated in 5 U.S.C. 101, independent establishments as defined by 5 U.S.C. 104(1), Government corporations as defined by 5 U.S.C. 103(1), and the United States Postal Service;

    (g) "Government Functions" means the collective functions of the heads of executive departments and agencies as defined by statute, regulation, presidential direction, or other legal authority, and the functions of the legislative and judicial branches;

    (h) "National Essential Functions," or "NEFs," means that subset of Government Functions that are necessary to lead and sustain the Nation during a catastrophic emergency and that, therefore, must be supported through COOP and COG capabilities; and

    (i) "Primary Mission Essential Functions," or "PMEFs," means those Government Functions that must be performed in order to support or implement the performance of NEFs before, during, and in the aftermath of an emergency.


(3) It is the policy of the United States to maintain a comprehensive and effective continuity capability composed of Continuity of Operations and Continuity of Government programs in order to ensure the preservation of our form of government under the Constitution and the continuing performance of National Essential Functions under all conditions.

Implementation Actions

(4) Continuity requirements shall be incorporated into daily operations of all executive departments and agencies. As a result of the asymmetric threat environment, adequate warning of potential emergencies that could pose a significant risk to the homeland might not be available, and therefore all continuity planning shall be based on the assumption that no such warning will be received. Emphasis will be placed upon geographic dispersion of leadership, staff, and infrastructure in order to increase survivability and maintain uninterrupted Government Functions. Risk management principles shall be applied to ensure that appropriate operational readiness decisions are based on the probability of an attack or other incident and its consequences.

(5) The following NEFs are the foundation for all continuity programs and capabilities and represent the overarching responsibilities of the Federal Government to lead and sustain the Nation during a crisis, and therefore sustaining the following NEFs shall be the primary focus of the Federal Government leadership during and in the aftermath of an emergency that adversely affects the performance of Government Functions:

    (a) Ensuring the continued functioning of our form of government under the Constitution, including the functioning of the three separate branches of government;

    (b) Providing leadership visible to the Nation and the world and maintaining the trust and confidence of the American people;

    (c) Defending the Constitution of the United States against all enemies, foreign and domestic, and preventing or interdicting attacks against the United States or its people, property, or interests;

    (d) Maintaining and fostering effective relationships with foreign nations;

    (e) Protecting against threats to the homeland and bringing to justice perpetrators of crimes or attacks against the United States or its people, property, or interests;

    (f) Providing rapid and effective response to and recovery from the domestic consequences of an attack or other incident;

    (g) Protecting and stabilizing the Nation's economy and ensuring public confidence in its financial systems; and

    (h) Providing for critical Federal Government services that address the national health, safety, and welfare needs of the United States.

(6) The President shall lead the activities of the Federal Government for ensuring constitutional government. In order to advise and assist the President in that function, the Assistant to the President for Homeland Security and Counterterrorism (APHS/CT) is hereby designated as the National Continuity Coordinator. The National Continuity Coordinator, in coordination with the Assistant to the President for National Security Affairs (APNSA), without exercising directive authority, shall coordinate the development and implementation of continuity policy for executive departments and agencies. The Continuity Policy Coordination Committee (CPCC), chaired by a Senior Director from the Homeland Security Council staff, designated by the National Continuity Coordinator, shall be the main day-to-day forum for such policy coordination.

(7) For continuity purposes, each executive department and agency is assigned to a category in accordance with the nature and characteristics of its national security roles and responsibilities in support of the Federal Government's ability to sustain the NEFs. The Secretary of Homeland Security shall serve as the President's lead agent for coordinating overall continuity operations and activities of executive departments and agencies, and in such role shall perform the responsibilities set forth for the Secretary in sections 10 and 16 of this directive.

(8) The National Continuity Coordinator, in consultation with the heads of appropriate executive departments and agencies, will lead the development of a National Continuity Implementation Plan (Plan), which shall include prioritized goals and objectives, a concept of operations, performance metrics by which to measure continuity readiness, procedures for continuity and incident management activities, and clear direction to executive department and agency continuity coordinators, as well as guidance to promote interoperability of Federal Government continuity programs and procedures with State, local, territorial, and tribal governments, and private sector owners and operators of critical infrastructure, as appropriate. The Plan shall be submitted to the President for approval not later than 90 days after the date of this directive.

(9) Recognizing that each branch of the Federal Government is responsible for its own continuity programs, an official designated by the Chief of Staff to the President shall ensure that the executive branch's COOP and COG policies in support of ECG efforts are appropriately coordinated with those of the legislative and judicial branches in order to ensure interoperability and allocate national assets efficiently to maintain a functioning Federal Government.

(10) Federal Government COOP, COG, and ECG plans and operations shall be appropriately integrated with the emergency plans and capabilities of State, local, territorial, and tribal governments, and private sector owners and operators of critical infrastructure, as appropriate, in order to promote interoperability and to prevent redundancies and conflicting lines of authority. The Secretary of Homeland Security shall coordinate the integration of Federal continuity plans and operations with State, local, territorial, and tribal governments, and private sector owners and operators of critical infrastructure, as appropriate, in order to provide for the delivery of essential services during an emergency.

(11) Continuity requirements for the Executive Office of the President (EOP) and executive departments and agencies shall include the following:

    (a) The continuation of the performance of PMEFs during any emergency must be for a period up to 30 days or until normal operations can be resumed, and the capability to be fully operational at alternate sites as soon as possible after the occurrence of an emergency, but not later than 12 hours after COOP activation;

    (b) Succession orders and pre-planned devolution of authorities that ensure the emergency delegation of authority must be planned and documented in advance in accordance with applicable law;

    (c) Vital resources, facilities, and records must be safeguarded, and official access to them must be provided;

    (d) Provision must be made for the acquisition of the resources necessary for continuity operations on an emergency basis;

    (e) Provision must be made for the availability and redundancy of critical communications capabilities at alternate sites in order to support connectivity between and among key government leadership, internal elements, other executive departments and agencies, critical partners, and the public;

    (f) Provision must be made for reconstitution capabilities that allow for recovery from a catastrophic emergency and resumption of normal operations; and

    (g) Provision must be made for the identification, training, and preparedness of personnel capable of relocating to alternate facilities to support the continuation of the performance of PMEFs.

(12) In order to provide a coordinated response to escalating threat levels or actual emergencies, the Continuity of Government Readiness Conditions (COGCON) system establishes executive branch continuity program readiness levels, focusing on possible threats to the National Capital Region. The President will determine and issue the COGCON Level. Executive departments and agencies shall comply with the requirements and assigned responsibilities under the COGCON program. During COOP activation, executive departments and agencies shall report their readiness status to the Secretary of Homeland Security or the Secretary's designee.

(13) The Director of the Office of Management and Budget shall:

    (a) Conduct an annual assessment of executive department and agency continuity funding requests and performance data that are submitted by executive departments and agencies as part of the annual budget request process, in order to monitor progress in the implementation of the Plan and the execution of continuity budgets;

    (b) In coordination with the National Continuity Coordinator, issue annual continuity planning guidance for the development of continuity budget requests; and

    (c) Ensure that heads of executive departments and agencies prioritize budget resources for continuity capabilities, consistent with this directive.

(14) The Director of the Office of Science and Technology Policy shall:

    (a) Define and issue minimum requirements for continuity communications for executive departments and agencies, in consultation with the APHS/CT, the APNSA, the Director of the Office of Management and Budget, and the Chief of Staff to the President;

    (b) Establish requirements for, and monitor the development, implementation, and maintenance of, a comprehensive communications architecture to integrate continuity components, in consultation with the APHS/CT, the APNSA, the Director of the Office of Management and Budget, and the Chief of Staff to the President; and

    (c) Review quarterly and annual assessments of continuity communications capabilities, as prepared pursuant to section 16(d) of this directive or otherwise, and report the results and recommended remedial actions to the National Continuity Coordinator.

(15) An official designated by the Chief of Staff to the President shall:

    (a) Advise the President, the Chief of Staff to the President, the APHS/CT, and the APNSA on COGCON operational execution options; and

    (b) Consult with the Secretary of Homeland Security in order to ensure synchronization and integration of continuity activities among the four categories of executive departments and agencies.

(16) The Secretary of Homeland Security shall:

    (a) Coordinate the implementation, execution, and assessment of continuity operations and activities;

    (b) Develop and promulgate Federal Continuity Directives in order to establish continuity planning requirements for executive departments and agencies;

    (c) Conduct biennial assessments of individual department and agency continuity capabilities as prescribed by the Plan and report the results to the President through the APHS/CT;

    (d) Conduct quarterly and annual assessments of continuity communications capabilities in consultation with an official designated by the Chief of Staff to the President;

    (e) Develop, lead, and conduct a Federal continuity training and exercise program, which shall be incorporated into the National Exercise Program developed pursuant to Homeland Security Presidential Directive-8 of December 17, 2003 ("National Preparedness"), in consultation with an official designated by the Chief of Staff to the President;

    (f) Develop and promulgate continuity planning guidance to State, local, territorial, and tribal governments, and private sector critical infrastructure owners and operators;

    (g) Make available continuity planning and exercise funding, in the form of grants as provided by law, to State, local, territorial, and tribal governments, and private sector critical infrastructure owners and operators; and

    (h) As Executive Agent of the National Communications System, develop, implement, and maintain a comprehensive continuity communications architecture.

(17) The Director of National Intelligence, in coordination with the Attorney General and the Secretary of Homeland Security, shall produce a biennial assessment of the foreign and domestic threats to the Nation's continuity of government.

(18) The Secretary of Defense, in coordination with the Secretary of Homeland Security, shall provide secure, integrated, Continuity of Government communications to the President, the Vice President, and, at a minimum, Category I executive departments and agencies.

(19) Heads of executive departments and agencies shall execute their respective department or agency COOP plans in response to a localized emergency and shall:

    (a) Appoint a senior accountable official, at the Assistant Secretary level, as the Continuity Coordinator for the department or agency;

    (b) Identify and submit to the National Continuity Coordinator the list of PMEFs for the department or agency and develop continuity plans in support of the NEFs and the continuation of essential functions under all conditions;

    (c) Plan, program, and budget for continuity capabilities consistent with this directive;

    (d) Plan, conduct, and support annual tests and training, in consultation with the Secretary of Homeland Security, in order to evaluate program readiness and ensure adequacy and viability of continuity plans and communications systems; and

    (e) Support other continuity requirements, as assigned by category, in accordance with the nature and characteristics of its national security roles and responsibilities.

General Provisions

(20) This directive shall be implemented in a manner that is consistent with, and facilitates effective implementation of, provisions of the Constitution concerning succession to the Presidency or the exercise of its powers, and the Presidential Succession Act of 1947 (3 U.S.C. 19), with consultation of the Vice President and, as appropriate, others involved. Heads of executive departments and agencies shall ensure that appropriate support is available to the Vice President and others involved as necessary to be prepared at all times to implement those provisions.

(21) This directive:

    (a) Shall be implemented consistent with applicable law and the authorities of agencies, or heads of agencies, vested by law, and subject to the availability of appropriations;

    (b) Shall not be construed to impair or otherwise affect (i) the functions of the Director of the Office of Management and Budget relating to budget, administrative, and legislative proposals, or (ii) the authority of the Secretary of Defense over the Department of Defense, including the chain of command for military forces from the President, to the Secretary of Defense, to the commander of military forces, or military command and control procedures; and

    (c) Is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity by a party against the United States, its agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person.

(22) Revocation. Presidential Decision Directive 67 of October 21, 1998 ("Enduring Constitutional Government and Continuity of Government Operations"), including all Annexes thereto, is hereby revoked.

(23) Annex A and the classified Continuity Annexes, attached hereto, are hereby incorporated into and made a part of this directive.

(24) Security. 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.



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Sun, 07/31/2011 - 00:04 | 1509004 cosmictrainwreck
cosmictrainwreck's picture

fuckin' lawyers (tm)

Sat, 07/30/2011 - 22:53 | 1508822 Caviar Emptor
Caviar Emptor's picture

Operation Enduring Ponzi

Sat, 07/30/2011 - 22:55 | 1508824 the grateful un...
the grateful unemployed's picture

3 simple things for Obama to consider

1) place the Afghaninstan war off budget

2) get some lawyers to approve his use of the 14th amendment

3) vacation at the ranch in Crawford Texas

                  3a) leave 2012 to Karl Rove



Sat, 07/30/2011 - 23:06 | 1508857 Caviar Emptor
Caviar Emptor's picture

Bush and Cheney must have had themselves a high old time writing all that up. 

Cheney: "But what if there's a nuclear attack plus a crazed assassination attempt during the fourth quarter of the Super Bowl?"

Bush: "I guess we fly everyone down to Texas and run the government from there" 

Sat, 07/30/2011 - 23:25 | 1508897 GeneH3
GeneH3's picture

History repeats itself but it is worse every time it happens.

Sat, 07/30/2011 - 23:43 | 1508945 Alex2245
Alex2245's picture

Meanwhile the Federal Government is actually moving to DESTROY family farms!!!


The U.S. Department of Transportation in an Agenda 21 style order, has moved to essentially ban a large part of family farms.

For hundreds of years family farms have been passed from generation to generation and it has been a way of life for younger family members to learn and work on their farms.

New rules being prepared in Washington could change that forever.

Apparently discussions are now under way to require farmers to have a commercial drivers license to operate farming equipment. This would require farmers to hire expensive commercial drivers instead of using members of their family.

Sun, 07/31/2011 - 09:24 | 1509492 TSA Thug
TSA Thug's picture

Wow, another new suspect. Remember you can ONLY get a CDL if you have a PHD in diesel fuel. Trust me it's hard! So start studying today farmboy!


--You WILL Obey!

Sun, 07/31/2011 - 11:21 | 1509703 gwar5
gwar5's picture



I think everything about Obama the other co-opted polys, and the economy, is about Agenda21 and world government. They're pushing our demise very hard.  The tractors and family farms are just the beginning.

With Agenda21, the UN one world government globalists want to make 90% of all of the USA off limits to all human activity. Not development -- all human activity. Meaning, we shall be moved off private property to create human free zones and wqe will never to be allowed to enter those zones again because the banker elites say it's not "sustainable".  Other things that are not sustainable:  the family unit, higher education, private property, individual liberties, and US Constitution.

We will be resettled into human activity zones, which will be concentrations of high rises connected by rail systems.

?Agenda 21 For Dummies?‏ - YouTube


Obama just signed his rural implementation for Agenda 21, June 9th, 2011. Clinton and Bush I already had signed onto it gnerally with executive orders. Agenda21 is already moving people off their land without compensation in California for not keeping up with the escalating standards of compliance for their own property.  The real horror for all of this is that it is coming from a UN directive, but being implemented and enforced by our own federal and local authorities. It's sickening.

Sat, 07/30/2011 - 23:44 | 1508947 Alex2245
Alex2245's picture


This is insane!

Sun, 07/31/2011 - 00:10 | 1509018 MFL8240
MFL8240's picture

Homeland security derectives were never intended for budget matters this is utter bullshit, I am tired of this, we need a real goverment.  TARP, Stimulus money, QE1, 2 and 3 (just around the corner), the Banking scumbag bailouts etc, etc..... everything is not a crises.  This is just wrong!  

Sun, 07/31/2011 - 00:28 | 1509052 dxj
dxj's picture

A colossal waste of time in writing this piece. Even Obama knows that the 14th amendment doesn't apply here and that the Congress has the power of the purse.

The founders never wanted the power of the sword and the power of purse in the same hands. Quote all the codified dribble you care to, it doesn't change the basic facts.

Sun, 07/31/2011 - 00:58 | 1509092 sasebo
sasebo's picture

The answer to all this crap is quite simple. Ron Paul in 2012. He'll put the Austrian economists in control of the fed, treasury & ag. You Talking about some tbtf banks going under & some greedy assholes going to jail. Dr. Paul in on the republican ticket but he ain't no democrat & he ain't no republican. He's an independent.

Sun, 07/31/2011 - 02:20 | 1509242 reader2010
reader2010's picture

Ron Paul has been installed there so that you can get an illusion that you still have a choice. But, in reality, he offers nothing but some empty talks. 

Sun, 07/31/2011 - 08:17 | 1509424 StormShadow
StormShadow's picture


Only reason he is not dead is because TPTB want him there to draw votes away from the republican candidate

Sun, 07/31/2011 - 01:21 | 1509177 Dr. Gonzo
Dr. Gonzo's picture

"Is America's maxing out its credit card comparable to a nuclear or terrorist attack on the continent?"

To them it's way fucking worse. To me I could give a shit. I root for their collapse. 

Sun, 07/31/2011 - 05:02 | 1509335 Central Wanker
Central Wanker's picture

Nothing new here. The entire European Bailout Hulabaloo is based on interpretation that the debt crisis is equivalent to a natural catastrophe.

Sun, 07/31/2011 - 05:49 | 1509354 darkstar7646
darkstar7646's picture

That's basically the "martial law" EO that Bush did after 9/11.

And the thing is, this would qualify under "catastrophic emergency". So the 14th may not, in fact, be necessary -- but this is a "no turning back" situation. It almost certainly requires the declaration of what we know colloquially as martial law.

Sun, 07/31/2011 - 07:00 | 1509380 st33v
Sun, 07/31/2011 - 07:13 | 1509384 pepperspray
pepperspray's picture

Great find.  As you know the link you supplied has a date of Aug 3.  But when you take the next step and acutually sign in to the webinar, the date shown on the first slide is July 6.  Hmmm..

Sun, 07/31/2011 - 08:08 | 1509414 pc_babe
pc_babe's picture

In Pharo's new reign, is it too audacious to hope that he would decree..

A Constitutional Amendment capping FED spending at 3% GDP.  If spending eclipses this number neither Congress & POTUS are allowed to stand for re-election (buffett)

A Constitutional Amendment that forfiet's a citizen's right to vote if he pays zero income tax.


A Contitutional Amendment limiting Congressional & POTUS to two 3-YEAR terms.



Sun, 07/31/2011 - 10:31 | 1509572 gwar5
gwar5's picture



Excellent list. Good start. Government itself is the biggest entitlement.

Sun, 07/31/2011 - 08:23 | 1509429 -Michelle-
-Michelle-'s picture

The Fourth Turning becomes more prescient every day.  If you've read it, you probably remember this "unlikely" scenario proposed as a possible spark for the Crisis:

An impasse over the federal budget reaches a stalemate.  The president and Congress both refuse to back down, triggering a near-total shutdown.  The president declares emergency powers.  Congress rescinds his authority.  Dollar and bond prices plummet.  The president threatens to stop Social Security checks.  Congress refuses to raise the debt ceiling.  Default looms.  Wall Street panics.

Published 1997.

Sun, 07/31/2011 - 18:56 | 1510687 harlanaladd
harlanaladd's picture

Yeah, that book gives me guilty pleasure almost daily as I watch the slow-motion train wreck. Why does it help to know that in some sense, the whole system is supposed to be dysfunctional and the government is supposed to be incompetent at this stage? 

Next up, some major crisis (a currency crisis, default, war, false flag attack) will crystalize public opinion and propel things into the next stage, when there will be a much larger consensus about making difficult sacrifices.  Inaction will no longer be an option.  Trouble is, that could be outright fascism, war, or massive change in tax code and entitlements. It doesn't have to be a happy ending.  I love that book. 

Sun, 07/31/2011 - 09:41 | 1509509 Cloud9.5
Cloud9.5's picture

While the argument of the statist will push for absolute control, their greatest danger lies in achieving it.  Once Obama seizes total control, he owns it.  There will be no more shifting of the blame.


Detroit is a microcosm of our future.   Squandered resources, off shoring and declining energy supplies have doomed the consumer culture.  There is no reversing the trend.


If Obama is wise, he will leave the side shows and parlor games on the Potomac in place.  That way he can blame the collapse on the evil Repubs and Tea Partiers.   He is grabbing for the reigns of a dead horse. Hubris pure hubris.


Sun, 07/31/2011 - 10:27 | 1509563 gwar5
gwar5's picture



Obama has made a huge strategic mistake by escalating the situation.

Everyone already associated Obama with big spending, now they will also associate his big spending with fear, economic disaster, and uncertainty. Not exactly a vote magnet thing to do.   

This is like a street hustler demanding money to not slash your tires.  Or, my ex-wife threatening to call 9-11 after a big meal if the restaurant doesn't accept her maxed out credit card.



Sun, 07/31/2011 - 10:43 | 1509613 PulauHantu29
PulauHantu29's picture

Ever since Pelosi called the Seniors at Town Hall meetings "Nazis" she has kept low profile. I wonder if she will run with Barry on the 2012 ticket or will he keep Biden...or dump Biden and add Hillary?

Sun, 07/31/2011 - 18:54 | 1510679 sbenard
sbenard's picture

America, meet your new Dictator!

Sun, 07/31/2011 - 21:13 | 1511095 BlackholeDivestment
BlackholeDivestment's picture

...Rosemary's Baby, AKA Hussein of Babylon, needs an emergency, and he has been given such perfectly timed ones to rule by.

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