August 2, 1984: Attorney General Objects to FEMA Martial Law Plans

In a letter to National Security Adviser Robert McFarlane, Attorney General William French Smith strongly objects to martial law plans developed by the National Security Council and the Federal Emergency Management Agency (FEMA). Smith learns the full extent of the plans upon reviewing a proposal by the Reagan administration to change Executive Order 11490 (see October 28, 1969). The Reagan administration is holding the drafted changes, along with standby legislation to amend the 1950 Defense Resources Act (see September 25, 1984), in preparation for any emergency that may require a military-style takeover of the nation’s resources and population. The plans cover a range of crisis situations, including a nuclear attack, natural disasters, and civil unrest. Smith writes: “I believe that the draft executive order raises serious substantive and public policy issues that should be further addressed before this proposal is submitted to the president. In short I believe that the role assigned to the Federal Emergency Management Agency (FEMA) on the revised executive order exceeds its proper function as a coordinating agency for emergency preparedness.” Smith continues: “This department and others have repeatedly raised serious policy and legal objections to the creation of an ‘emergency czar’ role for FEMA. Specific policy concerns regarding recent FEMA initiatives include the abandonment of the principle of ‘several’ agency responsibility and the expansion of the definition of severe emergencies to encompass ‘routine’ domestic law enforcement emergencies. Legal objections relate to the absence of presidential or Congressional authorization for unilateral FEMA directives which seek to establish new federal government management structures or otherwise task cabinet departments and other federal agencies.” Despite the objections of the Justice Department, FEMA and the Reagan administration will not abandon the emergency doctrine. Before leaving office, Reagan will dramatically expand the government’s emergency powers and officially override Executive Order 11490 with Executive Order 12656 (see November 18, 1988). [Miami Herald, 7/5/1987; Reynolds, 1990]