Tuesday, March 03, 2009

Yoo Knows What?

The Obama Administration released nine Bush Administration Office of Legal Counsel legal memos by John Yoo and Robert Delahunty related to the war on terrorism today. NyTimes.com.

Did you know that the Constitution allows our military services raid or seize private property and wiretap in the United States?

“[One of the] memorand[a] discussed the use of military forces to carry out ‘raids on terrorist cells’ and even seize property.

‘The law has recognized that force (including deadly force) may be legitimately used in self-defense,’ Mr. Yoo and Mr. Delahunty wrote to Mr. Gonzales. Therefore any objections based on the Fourth Amendment’s ban on unreasonable searches are swept away, they said, since any possible privacy offense resulting from such a search is a lesser matter than any injury from deadly force.”

From the NYTimes.com. Here’s the memo itself.

If you can seize property and conduct a raid on private property in the U.S. without a warrant based on a war halfway across the world, what’s a domestic wiretap or two?

And if someone exercises their First Amendment rights to castigate such conduct?

“’First Amendment speech and press rights may also be subordinated to the overriding need to wage war successfully.’ [The memo] added that ‘the current campaign against terrorism may require even broader exercises of federal power domestically.’”

I wonder what else the Bush Administration was doing that hasn’t come to light yet.

9 comments:

Anonymous said...

I don't have any confidence at all that the constitution or laws will protect me.

What bothers me even more is that a clear majority of Americans truly believe that trading liberty for security is a good deal.

We are a very fearful people.

Anonymous said...

Dave - you need to reread your own 9/11 story to refresh your memory of what we are up against. It is no coincidence that we have not been attacked again. The war is NOT half way around the world. Enemy soldiers of the war could very well be your neighbors. '

Thomas - we should be fearful.

Unknown said...

So if the DoD learns of a terrorist in Conyers, they shold call the local PD, get a search warrant and Mirandize everyone?

As bonus, they can' sieze the computers and documents on site?

It is a tough call and I am as big a defender of Constitutional rights as you will find.

J is correct that the war is not just halfway around the world, it is here and it is here every day.

Regarding the last paragraph about 1st Amendment rights, how is that different than classifying information?

I al always nervouse about "broader exercises of Federal power domestically".

Anonymous said...

I too am concerned about broader federal govt power particularly regarding:
How much I can earn
what doctor I can use
How my kids are educated
How My taxes are spent
Whether a current Gitmo terrorist will be in the Atlanta fed pen.
What car I can drive
What I pay for energy
What my worthless neighbor pays for a mortgage.
What I can listen to on the radio/tv.
Etc etc etc.

Anonymous said...

So, J, you don't trust the government in things like energy policy and education, but you do trust them to spy on people, seize their property, drag them off to secret prisons, and silence anyone who dares ask why.

Are you able to see any sort of disconnect there?

Anonymous said...

Thomas - I would ask the same - you trust the government with everything EXCEPT keeping us safe???
Now there is a disconnect!

Dave said...

Just to weigh in Jay, Thomas doesn't trust the government to do anything. This is from the G Phone, more later.

Ron Davison said...

As the world gets more complex, it almost seems like, in spite of the best efforts of good lawyers like you, more and more becomes a "trust me" situation.

Unknown said...

Thomas and J - the difference I see is that any private citizen, working through the free market and political systems, can do most fo the things J mentions, but only the military can keep us safe from threats. In fact, that is one of the things the government is specifically authorized by the Constitution to do, clearly favored by Conservatives.

The threats to our country are now internal, as well as external, and tied to foreign sources of support. These foreign sources lead our intelligence sources, often obtained by the military, to persons within our country.