[Infowarrior] - Secret anti-terror Bush memos made public by Obama
Richard Forno
rforno at infowarrior.org
Tue Mar 3 14:48:25 UTC 2009
Secret anti-terror Bush memos made public by Obama
Mar 2 04:11 PM US/Eastern
By DEVLIN BARRETT
Associated Press Writer
http://www.breitbart.com/article.php?id=D96M4N682&show_article=1
WASHINGTON (AP) - The Justice Department on Monday released a long-
secret legal document from 2001 in which the Bush administration
claimed the military could search and seize terror suspects in the
United States without warrants.
The legal memo was written about a month after the Sept. 11 terror
attacks. It says constitutional protections against unlawful search
and seizure would not apply to terror suspects in the U.S., as long as
the president or another high official authorized the action.
Even after the Bush administration rescinded that legal analysis, the
Justice Department refused to release its contents, prompting a
standoff with congressional Democrats.
The memo was one of nine released Monday by the Obama administration.
Another memo showed that, within two weeks of Sept. 11, the
administration was contemplating ways to use wiretaps without getting
warrants.
The author of the search and seizure memo, John Yoo, did not
immediately return a call seeking comment.
In that memo, Yoo wrote that the president could treat terrorist
suspects in the United States like an invading foreign army. For
instance, he said, the military would not have to get a warrant to
storm a building to prevent terrorists from detonating a bomb.
Yoo also suggested that the government could put new restrictions on
the press and speech, without spelling out what those might be.
"First Amendment speech and press rights may also be subordinated to
the overriding need to wage war successfully," Yoo wrote, adding
later: "The current campaign against terrorism may require even
broader exercises of federal power domestically."
While they were once important legal pillars of the U.S. fight against
al-Qaida, all of the memos were withdrawn in the final days of the
Bush administration.
In one of his first official acts as president, Barack Obama also
signed an order negating the memos' claims until his administration
could conduct a thorough review.
In a speech Monday, Obama's attorney general, Eric Holder said that
too often in the past decade the fight against terrorism has been put
in opposition to "our tradition of civil liberties."
That "has done us more harm than good," he declared. "I've often said
that the test of a great nation is whether it will adhere to its core
values not only when it is easy but when it is hard."
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