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White House asked DOJ how Bush could sidestep Fourth Amendment
- Text size
Jason Leopold
Online Journal
April 7, 2008
Last week, the Pentagon declassified an 81-page memorandum John Yoo, a former deputy in the Justice Department’s Office of Legal Counsel, drafted in March 2003 that authorized military interrogators to use brutal techniques to obtain information about terrorist plans from prisoners held at Guantanamo Bay, Cuba.
The memo was publicly released as part of the American Civil Liberties Union’s Freedom of Information Act lawsuit against the Pentagon.
Buried deep within that legal document is a footnote that refers to an Oct. 23, 2001, legal memorandum written by Yoo.
“Our office recently concluded that the Fourth Amendment had no application to domestic military operations,” the footnote states, referring to a 37-page document titled “Authority for Use of Military Force to Combat Terrorist Activities Within the United States.”
Jameel Jaffer, director of the ACLU’s National Security Project, said the Bush administration has never argued publicly that the Fourth Amendment did not apply to military operations within the U.S..
But an investigation has found that that this controversial policy adopted by the White House in October 2001 took shape 10 days after 9/11. It was then that Yoo drafted a 20-page memorandum offering up suggestions on how Fourth Amendment protections against unreasonable searches and seizures would be applied if the U.S. military used “deadly force in a manner that endangered the lives of United States citizens.”
Yoo came up with a number of different scenarios. He suggested shooting down a jetliner hijacked by terrorists; setting up military checkpoints inside a U.S. city; implementing surveillance methods far more superior than those available to law enforcement; or using military forces “to raid or attack dwellings where terrorists were thought to be, despite risks that third parties could be killed or injured by exchanges of fire,” says a copy of the little known Sept. 21, 2001, memo.
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Yoo, the author of an August 2002 legal opinion widely referred to as the “Torture Memo” that gave CIA interrogators the legal authority to use brutal methods against suspected terrorists to extract information, drafted the memo in response to a question posed by Timothy E. Flanigan, the former deputy White House counsel, who wanted to know “the legality of the use of military force to prevent or deter terrorist activity inside the United States,” according to a copy of Flanigan’s memo.
Yoo wrote that his ideas would likely be seen as violating the Fourth Amendment. But he said the terrorist attacks on 9/11 and the prospect that future attacks would require the military to be deployed inside the U.S. meant President Bush would “be justified in taking measures which in less troubled conditions could be seen as infringements of individual liberties.”
“We think that the Fourth Amendment should be no more relevant than it would be in cases of invasion or insurrection,” Yoo’s memo stated.
Yoo also wrote in the Sept. 21, 2001, memo that domestic surveillance activities, such as monitoring telephone calls and without a court’s permission, might be proper notwithstanding the ban in the Fourth Amendment on unreasonable searches and seizures.
The Sept. 21, 2001, memo Yoo sent to Flanigan was referred to in a lengthy story published in the New York Times on October 24, 2004. The Times story said Yoo’s suggestions for suspending the Fourth Amendment was hypothetical at best.
Yoo based his opinion on the 1990 drug case, US v. Verdugo-Urquide, in which the Supreme Court refused to hear a lawsuit brought against the United States by a Mexican citizen whose home was searched by federal agents without a search warrant. In rejecting the Fourth Amendment claim, the court said aliens could not claim the benefit of the Constitution for conduct outside the United States — such aliens were not part of the “we the people” who benefited from the Fourth Amendment. Further, the Court found that allowing such claims would have significant and deleterious consequences for the United States in conducting activities beyond its boundaries, not just in drug cases . . . but in the use of armed forces abroad “for the protection of American citizens or national security.”
Yoo refers to the case in his 2006 book, “War by Other Means: An Insider’s Account of the War on Terror,” where he argues in more than 23 separate pages about the various legal reasons local and federal law enforcement agencies, as well as a sitting U.S. president, could ignore the Fourth Amendment. Yoo’s legal theories revolve primarily around domestic surveillance activities.
“If Al-Qaeda organizes missions within the United States, our surveillance simply cannot be limited to law enforcement,” Yoo wrote in his book. “The Fourth Amendment’s warrant requirement should not apply, because it is concerned with regulating searches, not with military attacks.”
The Bush administration accepted Yoo’s legal theory as policy for more than one year, beginning in late October 2001.
White House spokesman Tony Fratto said last Thursday the administration hasn’t relied on Yoo’s Oct. 23, 2001, memo for more than five years.
Still, Congress said it has spent a considerable amount of time trying to pry loose the memo from the Department of Justice.
Last Thursday, John Conyers, the Democratic chairman of the House Judiciary Committee, wrote a letter to Attorney General Michael Mukasey saying he was rebuffed on two previous occasions — February 12 and 20 — when he wrote the DOJ requesting the Oct. 23, 2001, memo be turned over to his committee
“Based on the title of the October 23, 2001, memorandum, and based on what has been disclosed and the contents of similar memoranda issued at roughly the same time, it is clear that a substantial portion of this memorandum provides a legal analysis and conclusions as to the nature and scope of the Presidential Commander in Chief power to accomplish specific acts within the United States,” Conyers wrote.
“The people of the United States are entitled to know the Justice Department’s interpretation of the President’s constitutional powers to wage war in the United States,” Conyers added. “There can be no actual basis in national security for keeping secret the remainder of a legal memorandum that addresses this issue of Constitutional interpretation The notion that the President can claim to operate under ’secret’ powers known only to the President and a select few subordinates is antithetical to the core principles of this democracy. We ask that you promptly release the October 23, 2001, memorandum.”
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April 7th, 2008 at 11:57 am
Purely and simply TREASON.
April 7th, 2008 at 11:59 am
Treason? Where? When? How? Who?
April 7th, 2008 at 12:27 pm
Are they saying that the 4th Amendment only applies outside of the United States ? If the military is American, how can they be exempt from the 4th amendment ? “Oh, I see, if you read the constitution upside down, it might make sense, of how they come to these conclusions ?”
April 7th, 2008 at 12:53 pm
…Ah-bdi…Torturing is easy…bdi…,but making happy is…ah…another story !!!
April 7th, 2008 at 12:55 pm
Find me rifle…I see a waskally wabbit -
April 7th, 2008 at 12:58 pm
Way to Go Alex1 he said _uck! hahaha! ALRIGHT! GET MAD Alex! It’s Okay! We’re Mad as hell as well! We know how ya feel!
April 7th, 2008 at 12:59 pm
Trans humanist garbage. I have a 7.62 for ya. Wet Brain garbage!
April 7th, 2008 at 1:01 pm
Now your gonna see the yellow strip running down their backs. They’ve had it too easy for too long. Everyone should take the gloves off!!!
April 7th, 2008 at 1:09 pm
f--- Yoo and the boat you floated over here on.
http://911essentials.com doesn’t support torture by anyone, anywhere or any time and believes if you violate human rights you are guilty of a crime against man and need to be punished to the fullest extent of the law.
Send him back to where he came from and do the same for all the other foreign nationals here that try to hi-jack our country.
April 7th, 2008 at 1:22 pm
About 2 weeks ago , I decided the same. I’m not arguing anymore. You can’t see , f--- OFF. You want to REASON , f--- OFF!. You like your blindness and self pity , f--- OFF! You don’t wanna hear conspiracy , f--- OFF!!! I,ve had it with idiots. Before , I’d sit back and not argue , rememeber my past posts ( Well , people are free to think what they want). I still feel the same , except ya wanna bulls--- , f--- OFF! See ya all on the otherside….or not…..I don’t give 2 s---s anymore. Someone WILL LIVE IN PEACE ON THIS PLANET….it doesn’t have to be me. I’m fine with that. If I’m as evil and forgettable as these sick f---s , FINE !!! No more lies. No more bulls---.
April 7th, 2008 at 1:25 pm
I hear ya Lug. I’m starting to feel the same. I got no more time to waste on sheeple. I’m just takin my own advice these days and preparing. Let the others fend for themselves.
We also gotta remember that it’s the product of CIA mind control. I know, that’s where alot of people rolls the eyes and all that, but it’s fact.
April 7th, 2008 at 1:26 pm
luggnutz-I like your point about ‘no more lies’. If someone ticks you off just move on to someone else(for a break),go back and check out where their at and if you can get in on that convo at the time,if not,do yourself a favor and simply move on and that goes for anybody here. No need to carry an unnecessary burden,if you think it’s a burden. Best to you and I hope you will live in peace,not just on this planet but the next world to come.
April 7th, 2008 at 1:50 pm
As this great lie we call our government is beginning to play itself out, I’ve begun even more rapidly to leave the dumb-ed down masses to their deserved fate. If you get it, I’ll talk to you and we can have real conversations, if you don’t, go away and die on someone else’s doorstep, hungry, disillusioned and damned by God himself. Their is no sympathy for you in my heart, you have by now all had ample warning of what is coming and if you have dismissed me or my fellow patriots as conspiracy theorists, your day of reckoning is coming,I reckon you’ll believe us when you’ve got no food, water, protection. Dial 911 maybe they’ll come help you, and bring you some dinner! I’ve even given up on close family members, they cannot be helped, because they can’t hear, can’t think, hell I doubt if they can even feel anymore! I may not live through this, but I’d rather die fighting the evil that encompasses this world than lose my soul giving aid to the devils that wish to control it! God bless those that love Him, Liberty and the Constitution. AMEN and pass the ammo!
April 7th, 2008 at 1:51 pm
Violation of the 4th Ammendment is unexceptable by any level of government or the military. When there is some problem with keeping the 4th Ammendment by the government, then it is time for the people to evoke the 2nd Ammendment against that government.
April 7th, 2008 at 1:53 pm
Amen Dave!
Couldn’t have said it better.
April 7th, 2008 at 1:54 pm
Jesus even said the truth would divide brothers and sister , fathers and sons. My mom lives in Cowansville Quebec. Says she likes the flouride in her water , looks forward to the chip and technological advances , and doesn’t ahve the time or brain mass to discuss these things with me. Afraid I’m ‘Cracking Up!!!’. By by , ma! No choice.
April 7th, 2008 at 1:57 pm
Lugger, I can relate to that. Same with my whole family. I’m the resident idiot to them. My mother actually expressed concern that I am reading too much. And thinking too much.
They roll their eyes when the topic comes up, so I just stopped. Meanwhile, I silently prepare, storing food and supplies.
Even my wife…….she worries for my mental health, but I bet she won’t mind partaking of the food I’ve saved when the time comes.
April 7th, 2008 at 5:08 pm
Hey there LizardKing, I have been thinking and for 90% of Americans that is something they quit doing, they would rather let Larry King, Charlie Gibson, or Glenn Beck do for them. They don’t educate their own children, they’ve abrogated that responsibility to the government. Most people have no clue what the constitution says much less it’s meaning or what has been happening in the past few years to destroy it. And the reason I don’t waste my time with them is that if by now they can’t see that what I’ve been warning about for years is here, time is too short too waste on them. There are several of my closest friends around the country that are awakening and now admit that they always considered me a conspiracy nut by now that many of those things have come to pass, they realize I was just paying attention and reading and educating myself while they were too busy keeping up with “the Jones”. So how can it be anything other than their deserved fate. You can choose to be a victim or you can choose to be free, but freedom does not come by being ignorant. And if you can prove to me that our government today is anything other than a huge lie I’ll kiss your ass at the largest intersection you can find in this country and I’ll give 30 minutes to draw the crowd. Wishing you the best
April 7th, 2008 at 6:24 pm
Yoo said the terrorist attacks on 9/11 and the prospect that future attacks would require the military to be deployed inside the U.S. meant President Bush would “be justified in taking measures which in less troubled conditions could be seen as infringements of individual liberties.”
(President Bush as Executive and Commander in Chief can only carry out orders as mandated by the U.S. Congress which represents Americans as the law of the country! He must be held accountable to our U.S. Federal and State laws in an American Republic!
(To carry out his own orders is to destroy the U.S. Federal government into a dictatorship, and the act does away with Congress as a ‘Body of U.S. Laws’ that is part of an American Republic!
(To utilize the U.S. militaries against Americans in this United States is a ‘Declaration of War’ on Americans and that treasonous high crime can not be shielded by Executive Privileges, and is punishable by death, the confiscation of all properties and financial accounts of the Commander in Chief, his malefactors, and their collaborating terrorists!
(It is fact that no country thus far has been found guilty of misdeeds against Americans and this United States, and that no war could be declared by Congress nor by the U.S. Senate Investigating Committee on Afghanis nor Iraqis!
(The Bush ordered ‘Declaration of War’ on 9/11/01 was on Americans and against this United States to demolish our American Constitution implicitly to do away with our U.S. Federal and State governments and to abandon our U.S. citizens and legal residents under the rule of uniformed thugs, hoodlums and ‘goon squads’ fully travailed in despicable criminal intent to destroy this United States as a free country, and to ruin our unique great American way of life along with this American Republic!
(It is to reiterate, yet again, that the ‘Terrorist Acts’ endeavored against Americans and the legal residents who live among us in this United states, committed directly above, are punishable by death, the confiscation of all properties and financial accounts of the Commander in Chief, as well as his malefactors, and their terrorist collaborators, mandated without recourse by the U.S. Federal and State laws Bush W, the aggressor, and his combatants, want to demolish, which penalties under a ‘Declared War on Terrorists’ presently waged in this American Republic must be exacted without recourse, or that Republic is destroyed into a Third World Hovel)! -Al Koppel.
The Sept. 21, 2001, memo Yoo sent to Flanigan was referred to in a lengthy story published in the New York Times on October 24, 2004. The Times story said Yoo’s suggestions for suspending the Fourth Amendment was hypothetical at best.
(Yoo has misrepresented the laws of the Justice department to negate the institution into another body of malfeasance to be run by criminals. He is to suffer the consequence stipulated by its laws or that other Federal agency is going to be run by criminals at our Americans loss and cost)! -Al Koppel.
“If Al-Qaeda organizes missions within the United States, our surveillance simply cannot be limited to law enforcement,” Yoo wrote in his book. “The Fourth Amendment’s warrant requirement should not apply, because it is concerned with regulating searches, not with military attacks.”
(It is time to keep these foreign subhumans out of this United States, Alberto Gonsalez, John Yoo, et all the rest of these mickey mouse monkey thinking ass-lickers as we know for a fact that even though monkeys can be taught tricks, they still don’t possess the human intellect to recognize right from wrong! Al Qaida is part of the congresspersons C.I.A. terrorist network, and it is fact that even the FBI, the Pentagon, and the NSA and some high political figures all collaborate with these U.S. tax dollar paid terrorists to justify not only their own job security, but ill-gotten gains at the expense of our U.S. citizens )! -Al Koppel.
Still, Congress said it has spent a considerable amount of time trying to pry loose the memo from the Department of Justice.
(The Department of Justice must abide by the law as represented by the U.S. Congress, as to run a government agency in secrecy does away with the people who vote as they are the law of the country)! -Al Koppel.
“The people of the United States are entitled to know the Justice Department’s interpretation of the President’s constitutional powers to wage war in the United States,” Conyers added. “There can be no actual basis in national security for keeping secret the remainder of a legal memorandum that addresses this issue of Constitutional interpretation The notion that the President can claim to operate under ’secret’ powers known only to the President and a select few subordinates is antithetical to the core principles of this democracy. We ask that you promptly release the October 23, 2001, memorandum.”
(To operate a government in ’secrecy’ is to destroy it as a body of law, and to misrepresent or to over-throw that government is a ‘Terrorist Act’ that can not be shielded by Executive Privileges)! -Al Koppel.
April 7th, 2008 at 7:25 pm
Long articles usually get long responses with much much info that needs to be continually meticulously researched-on one topic!!! hmmmm….
April 7th, 2008 at 7:28 pm
They are bringing it Gabe,but they are bringing it slowly through the back door! We could be so fixated on what we figure they are doing at the present or even future time,but are they also up to something else as well.That’s what I want to find out. What exactly is their game???
April 7th, 2008 at 8:18 pm
Old “W” is geting back at everyone that ridiculed him pryer to 9/11 he was the laughing stock of the world the but of every joke in fact the best part of him ran down his Dady’s leg.Now its get even time for “W” and his evil little side kick Dick and the help of his little whimp ass Skull and Crossbone croney’s.The ranking members in the House and Senate should order the Military to stand down if (any orders) are sent down that goes against the consititution the American Public should be notified immediately and reprimands should take place.We the people damnit not We the government.He needs to get over it and abide by the rules and do it by the book or get the hell out and keep the hell out,literally.
April 8th, 2008 at 6:48 am
Not used for 5 years. Memo not released to congress for by DOJ until after 5 years.
WOW, Statute of Limitations on Federal Crimes 5 YEARS!!! What a coincidence!!!!
Criminals. Traitors. Mass Killers.
April 8th, 2008 at 7:38 am
AHHH THE SHEEPLE ,GABE & ANDY ,TOUGH TALK WHEN YOUR “BLOGGING”
BY “BRINGING IT” I WOULD SUPPOSE YOU ARE REFERING TO THE BUS THAT WILL TAKE YOU AND YOUR LOVED ONES TO THE NEAREST FEMA CAMP?
YOU SEE CHANGE STARTS WITH YOU…VOTING..CONTACTING YOUR REPRESENTITIVES ,ATTENDING MEETINGS…VOICING YOUR CONCERNS.
NOT ONE SINGLE SO CALLED AMERICAN SAID SO MUCH AS A PEEP WHILE WE WERE DRAFTING LEGISLATION AND ENACTING SAID LEGISLATION INTO LAW..DO NOT SAY IT WAS HIDDEN IT IS ALL AVAILABLE VIA THE CONGRESSIONAL RECORD, A TWO SECOND GOOGLE SEARCH BRINGS MOST OF IT UP.
YOU SEE THE IN ACTION BY THE PEOPLE LED US TO BELEIVE YOU WANT US TO “PROTECT YOU” ,FEED YOU.CLOTHE YOU,ETC….THEREFORE WE HAVE TAKEN MEASURES TO ENSURE WE ALSO CONTROL YOU.YOU ARE ONLY AS FREE AS WE ALLOW YOU TO BE.
11MAY2008 YOU ARE REQUIRED TO HAVE IN YOUR POSSESION A NORTH AMERICAN UNION IDENTIFICATION CARD(REAL ID ACT) IF YOU CHOOSE TO NOT OBTAIN SAID IDENTIFICATION WITH A PERIOD OF SIX MONTHS YOU WILL NOT BE ALLOWED BY “LAW”TO TRAVEL BY AIR,BUS OR RAIL,YOU WILL NOT BE ALLOWED IN FEDERAL BUILDINGS,COURTHOUSES AND 99.9% OF HOSPITALS ,MOST HOSPITALS IF NOT ALL ACCEPT FEDERAL MONIES WHICH IS WHY YOU WILL BE DENIED ACCESS.
THIS STORY IS NOT “NEW” SOME OF YOU JUST TOOK UP “READING” AS A HOBBY
LONG LIVE THE NEW WORLD ORDER
April 8th, 2008 at 10:35 am
WHATS UP TO ALL THE SCORPIOS!!!!!!
OH YEAH ! INSTEAD OF TALKING
WHAT CAN WE DO?
PLEASE SOMEONE TELL ME RIGHT NOW!!!!