Posted on 03/02/2009 1:56:34 PM PST by SolidWood
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.
>snip
The memo was one of nine released Monday by the Obama administration.
(Excerpt) Read more at google.com ...
"The Bush administration eventually abandoned many of the legal conclusions..."
LOL So they DISCUSSED what was legal, what wasn't, and then didn't move forward on "torture"...and the news is...?
I've seen more than one place where the term "the US routinely tortures" but have yet to see any evidence. Where is the name of the tortured prisoner the Dems would be shouting 24/7 if this existed?
>>People may say that Bush’s administration was trying to protect America, but if we accept that certain freedoms have to be given up for wartime reasons, and we are in a war without end, then we have, for all intents and purposes, permanently given up those freedoms.<<
That’s the problem in a nutshell. It was unwise to look at these issues in the context of “do we like and/or trust President Bush43” - the actual question is “do we give up constitutional protects because somebody in government says we ought to?”
Releasing this information is another piece of The Zero’s game plan: he’s trying to make himself look like a saint by showing us what the “evil Bush” did. Peanuts compared to the evil this dipsh!t has planned. He’ll end up on the pointy end of the fork, he keeps this up.
I did not know this. More outrage
%%%%%
There were threads about it on FR, but of course, the info could not make the DNC news media.
They paid his way through college, too. He studied politics.
There's no doubt in my mind the millions he collected for his campaign in $200 or less donations was Saudi money, and it was untraceable.
Yes, I believe he is 100% Muslim, and everything he's done so far has protected his Muslim brothers. He's even destroying our economy - finishing the job the 9/11 high jackers failed to do.
He's got 4 years to totally destroy the U.S. I shiver to think about what he's going to do to us next.
Perhaps they’ll publish the DiBella memo too. ( Fat chance).
Good for Bush. Screw the Holder Justice Department for releasing what’s supposed to be a “secret” memo. Secret classifications are governed by Federal law. Apparently, the Holder Justice Department doesn’t care about that.
“I thought Obama said that more presidents should be like Lincoln.”
Obama has more in common with Mugabe than he does with Lincoln.
“We’d better start figuring it out.”
No, we’d better start doing something about it. An excellent start would be to stop fighting among ourselves. Stop being stooges for the Democrats.
You are 100% "spot on" correct, especially where said individuals are known to be armed and claiming the protection of the 2nd Amendment.
I wonder if they released the entire memo. Legal memoranda are usually considered “work product”, that is, internal analysis of specific legal questions applies to specific facts. Opposing parties in lawsuits usually can’t subpoena such documents because they are not an indication of decisions made by the party but rather considerations of alternatives which may or may not have guided the party’s actions. (Yeah, I’m sure you can tell by my language I have legal training.)
Typically a legal memo will, by request, posit a narrow set of specific facts and then proceed to apply whatever specific law or laws the requester wants analyzed. They are seldom a wide-ranging analysis of the entire legal landscape affecting the fact situation.
It is entirely inappropriate for Obama to have released these memos because the world at large goes not understand the legal memo process as it operates here. It would be like finding and releasing the memos from the Obama Administration on its budget process, or his and Congress’ memos on the stimulus package. In this country, people and administrations are to be judged by their acts, not their incoate thoughts.
My point is that GW Bush has suspended Habeus Corpus for Al Qaida troops in the battlefield abroad and in America.
Obambinazi is seeking criminal prosecution of President Bush and his administration for doing so.
Bush did what Lincoln did.
Obama is a hypocrite in draping himself in Abe’s cloak.
4th Amendment USC
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Four categories here:
1) Non US Citizen under NSA surveillance - The search needs to be reasonable and needs no warrant.
2) US Citizen under NSA surveillance - The search needs to be reasonable and requires a warrant under FISA who's existence is constitutionally questionable.
3) Non US Citizen in criminal case - The search needs to be reasonable and requires a warrant.
4) US Citizen in criminal case - The search needs to be reasonable and requires a warrant.
IMO the precedent in question (no warrants required for security based surveillance (not criminal surveillance) was set a long time ago, when our USC was written.
I refer you to post #194; It was not until 1978 under FISA that congress even claimed security surveillance operations that might require a warrant when it involved US Citizens or terrorists on US soil.
And that congressional FISA claim has been slapped down by the courts 5 times.
So are we now to assume that terrorists captured as a result of military action are now entitled to the rights of U.S. citizens under the Constitution? Do we have to give them all habeas corpus hearings?
I fully understand now. The problem isn’t Muslim fanatics trying to kill innocent Americans, it’s how to accord the fanatics their rights under the Constitution.
I used to believe in the common sense of Americans. No longer.
>>What reasonable action(s) can be taken? <<
All we can do at this point is continue to educate people in a reasonable and calm manner pointing out what in fact is happening. Blogs, e-mails, group discussions, support people who tell the truth.
Remove the incumbents when election time comes.
Hold your local officials accountable for everything that they do right down to your town supervisors, mayors, superintendents, County Executives in short ANY elected official.
If they violate the law, make a stink about it on a local level so that they can be removed from office asap.
Stay informed, and speak out while we still can.
The American public deserves transparency.
He will celebrate..
I’ll just think of himn as Famous Anus..
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.