In fact, in BushWorld there are basically no limits on Presidential power as long as he claims he is acting in his role as Commander-in-Chief. I didn't notice this when I read the Yoo torture memo but the AP picked up on it.
Memo Linked to Warrantless Surveillance
By PAMELA HESS and LARA JAKES JORDAN – 35 minutes ago
WASHINGTON (AP) — For at least 16 months after the Sept. 11 terror attacks in 2001, the Bush administration believed that the Constitution's protection against unreasonable searches and seizures on U.S. soil didn't apply to its efforts to protect against terrorism.
That view was expressed in a Justice Department legal memo dated Oct. 23, 2001.
The 37-page memo has not been released. Its existence was disclosed Tuesday in a footnote of a separate secret memo, dated March 14, 2003, released by the Pentagon in response to a Freedom of Information Act lawsuit by the American Civil Liberties Union.
"Our office recently concluded that the Fourth Amendment had no application to domestic military operations," the footnote states, referring to a document titled "Authority for Use of Military Force to Combat Terrorist Activities Within the United States."
Exactly what domestic military action was covered by the October memo is unclear. But federal documents indicate that the memo relates to the National Security Agency's Terrorist Surveillance Program, or TSP.
Wednesday, April 02, 2008
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