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OLC Authorized Pentagon to Ignore Bill of Rights On U.S. Soil

March 4, 2009
The Washington Independent
3/2/2009

 

police-stateIn an October 2001 memo released on Monday, then-Deputy Assistant Attorney General in the Office of Legal Counsel John Yoo advised the Pentagon’s top lawyer that the president may not only deploy the military within the United States, but it may ignore the Bill of Rights in the process of doing so. Yoo and special counsel Robert Delahunty wrote to Defense Department general counsel William Haynes that the president has “ample constitutional and statutory authority to deploy the military against international or foreign terrorists operating within the United States,” and that the use of military force “need not follow the exact procedures that govern law enforcement operations.”

Although the Fourth Amendment of the U.S. Constitution prohibits unreasonable searches and seizures on U.S. soil, Yoo concluded that “[a]lthough the situation is novel … we think that the better view is that the Fourth Amendment would not apply in these circumstances. Thus, for example, we do not think that a military commander carrying out a raid on a terrorist cell would be required to demonstrate probably cause or to obtain a warrant.”

This memo appears to have formed the legal basis for the Bush administration’s domestic warrantless wiretapping program, which at least one federal judge has since concluded was unconstitutional.

Jameel Jaffer, Director of the ACLU National Security Project, reads it as extending beyond the Fourth Amendment, however.

The story continues …..

One Comment leave one →
  1. Valerie Protopapas permalink
    March 4, 2009 10:19 pm

    You’re going to have a hard time pressing the “unconstitutionality” of these actions while the nation is in the throes of celebrating the 200th birthday of that American Icon and Secular Saint, Abraham Lincoln.

    Lincoln ignored the Constitution and destroyed the Republic. He created and made possible the present Empire with its tyrannous federal government. Lincoln created the IRS and laid the groundwork for a “constitutional amendment” process which was a sham and a lie. This “most popular president ever” was a war criminal who has been elevated to heroic proportions because he was assassinated. Lincoln brought about the deaths of hundreds of thousands – perhaps over a million dead men, women and children as the result of his premeditated and unconstitutional war against the sovereign states and the people.

    I’m afraid until the nation is ready to face the facts of history and denounce the myth of “honest Abe the Great Emancipator and Savior of the Union”, I see little basis for complaining about his tactics being continued by the present federal monolith and another “messianic” President who has in fact chosen to style himself after Lincoln.

    Perhaps it is time for the South to rise again!

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