Justice Memos Gave Bush Total Power
By Jason Leopold
March 3, 2009
Lawyers for George W. Bush’s Justice Department asserted that the President had unlimited powers to prosecute the “war on terror” on American soil and could ignore constitutional rights, including First Amendment freedoms of speech and the press and Fourth Amendment requirements for search warrants, according to nine secret memos just released.
The memos related to opinions drafted by John Yoo, a deputy assistant attorney general at the Justice Department’s Office of Legal Counsel, a powerful agency that advises the President on the extent of his powers under the Constitution.
In perhaps the most controversial of the memos, dated Oct. 23, 2001, and entitled "Authority for Use of Military Force to Combat Terrorist Activities Within the United States,” Yoo said Bush’s war powers allowed him to put restrictions on freedom of the press and freedom of speech.
"First Amendment speech and press rights may also be subordinated to the overriding need to wage war successfully," Yoo wrote. "The current campaign against terrorism may require even broader exercises of federal power domestically."
The memo concluded that "that the Fourth Amendment had no application to domestic military operations.” The Fourth Amendment states that “the right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated.”
The memo said Bush had the legal authority to order searches and seizures without warrants against individuals that he judged to be terrorists.
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http://www.consortiumnews.com/2009/030309a.html