“[T]he Fourth Amendment had no application to domestic military operations”
Posted on April 3rd, 2008 by bile Categories and Tags: Uncategorized, 4th Amendment, Alberto Gonzales, American Civil Liberties Union, Authority for Use, Bush administration, Central Intelligence Agency, Department of Justice, John Yoo, Justice Department, Military Force, Pentagon, security law expert, Suzanne Spaulding, terrorism, United States, White House, wiretapFor 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 administration on Wednesday stressed that it now disavows that view.
The October 2001 memo was written at the request of the White House by John Yoo, then the deputy assistant attorney general, and addressed to Alberto Gonzales, the White House counsel at the time. The administration had asked the department for an opinion on the legality of potential responses to terrorist activity.
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.”
Suzanne Spaulding, a national security law expert and former assistant general counsel at the CIA, said she found the Fourth Amendment reference in the footnote troubling, but added: “To know (the Justice Department) no longer thinks this is a legitimate statement is reassuring.”
Not as if this is really all that surprising given what they have done but can she serious? The fact they thought it for 10 seconds would be enough for me not to ever trust those people again. The 4th Amendment is pretty clear and no one in the Justice Department should have ever thought it “had no application to domestic military operations.”
Leave a Reply
You must be logged in to post a comment.
