Who’s watching whom?

PA Office of Homeland Security under scrutiny

By SANDY LONG

PENNSYLVANIA — An investigation led by Senator Lisa Baker, R-Luzerne County, chair of the Veterans Affairs and Emergency Preparedness Committee, into a terrorism advisory list targeting gas drilling opponents and other activist groups has prompted a second hearing slated for October 13.

Meanwhile, embattled Pennsylvania Homeland Security Director James F. Powers Jr. has resigned his position effective October 8 in the wake of the ongoing uproar over the monitoring bulletins sent to law enforcement officials as well as private companies involved in drilling.

Powers has said the decision to resign was reached “after a thorough examination, detailed consideration and reflection on emerging events surrounding the credibility of, and public/private-sector information sharing programs executed by, this office and the Pennsylvania Emergency Management Agency.”

Following the announcement of Powers’ resignation, Baker issued this statement: “His departure opens the door to some badly needed changes, but restoring credibility to the operation now looks to be a monumental task.”

The scope of that task became increasingly apparent following the first hearing on September 27 (see senatorbaker.com/veteran/2010/092710/agenda.htm ).

Virginia Cody, of Wyoming County, provided testimony detailing her experience. “A month ago, I was an average American citizen begging my government to save my air, my drinking water and my community from the environmental devastation wrought by the natural gas industry across the country,” she said. Cody and her husband wrote letters to state legislators and newspapers, started a blog and posted comments to Facebook.

In exercising her right to free speech, Cody found herself under scrutiny. “My voice was loud enough to rouse the attention of my government, but not in the way I had hoped,” she said. “Instead of paying attention to what I had to tell them, my government sicced the FBI, the Office of Homeland Security and the Institute of Terrorism Research and Response (ITRR) after me. My government branded me an extremist, or possibly an eco-terrorist.

“For the first time in my life, I do not feel secure in my home. I worry that what I say on the phone is being recorded; I wonder if my emails are still being monitored. So the question is not just who was on the distribution list, but how far did the information in them travel?”

Powers has acknowledged that the web traffic of anti-drilling groups was being monitored. When called to testify, he said, “I sincerely apologize to any individual or group, regardless of their views or affiliation, who felt their Constitutional rights infringed upon because they were listed in the bulletin.”

Baker has asked Governor Edward Rendell’s chief of staff, Steven Crawford, who heads the internal administration task force investigating the matter, to report on the progress of the inquiry, detail changes in personnel or agency functions deemed necessary and outline recommendations for improving cooperation between key state agencies.

In pursuing the initial hearing, Baker told Rendell the “appalling revelation” of the list’s existence and its targeting of those who actively oppose gas drilling further damages the “exceedingly low” public confidence in government.

“This will have a chilling effect on public activism at a time when it is critical for diverse views to be part of the debate,” Baker wrote. “This sort of involvement should be commended, not retaliated against.”

Rendell has canceled the $125,000 contract with the ITRR. “I am appalled that information was disseminated about groups that were exercising their Constitutional right to free speech and to protest,” Rendell said, adding that he was deeply embarrassed by his Office of Homeland Security’s use of the bulletins. The scandal has made national headlines.

Baker acknowledged Rendell’s explanation, but noted “it does not cover the concerns of those wondering if they are on a list, and if so, whether that might cause complications in any number of circumstances,” such as boarding a flight.

“State government has an obligation to mitigate the damage to the reputation of those who have been wronged by this poor policy,” Baker added, recommending that those appearing on such a list should receive a letter of apology with an assurance that state government will take follow-up measures to ensure the removal of information improperly disseminated.

Cody left legislators with this: “The natural gas companies think they’re in charge. I ask my government—are they? I hope my legislators ask whether the majority of citizens want their small town ways of life turned upside down.”

On October 5, Cody, a retired U.S. Air Force Captain announced the launch of her write-in campaign seeking election as PA state governor. Visit sites.google.com/site/virginiacodyforgovernor/ for more information.