Hater Depot
Joined: 29 Mar 2005
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 Posted: Wed Mar 04, 2009 9:39 pm Post subject: Bush admin Offic eof Legal Counsel memos released |
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http://www.nytimes.com/2009/03/03/us/politics/03legal.html?_r=1&hp
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The use of the military envisioned in the Yoo-Delahunty reply appears to transcend by far the stationing of troops to keep watch at streets and airports, a familiar sight in the wake of the Sept. 11 attacks. The memorandum 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.
The Oct. 23 memorandum also said that �First Amendment speech and press rights may also be subordinated to the overriding need to wage war successfully.� It added that �the current campaign against terrorism may require even broader exercises of federal power domestically.�
Mr. Yoo and Mr. Delahunty said that in addition, the Posse Comitatus Act, which generally bars the military from domestic law enforcement operations, would pose no obstacle to the use of troops in a domestic fight against terrorism suspects. They reasoned that the troops would be acting in a national security function, not as law enforcers.
In another of the opinions, Mr. Yoo argued in a memorandum dated Sept. 25, 2001, that judicial precedents approving deadly force in self-defense could be extended to allow for eavesdropping without warrants. |
Jesus wept. I would get an F if I even thought about putting reasoning like that on an exam. |
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