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Administration Asserts No Fourth Amendment for Domestic Military Operations
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| Contributor | RP |
| Last Edited | RP Apr 03, 2008 08:05am |
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| Category | General |
| News Date | Wednesday, April 2, 2008 02:00:00 PM UTC0:0 |
| Description | While the newly released memo focuses on "asserting that federal laws prohibiting assault, maiming and other crimes did not apply to military interrogators," it contains a footnote referencing another Administration memo that caught our eye:
... our Office recently concluded that the Fourth Amendment had no application to domestic military operations. See Memorandum for Alberto R. Gonzales, Counsel to the President, and William J. Haynes, II, General Counsel, Department of Defense, from John C. Yoo, Deputy Assistant Attorney General and Robert J. Delahunty, Special Counsel, Re: Authority for Use of Military Force to Combat Terrorist Activities Within the United States at 25 (Oct 23, 2001). (emphasis added)
This earlier memo has not been publicly released, though Senator Leahy and Rep. Conyers have asked to see it.
Does this mean that the Administration's lawyers believed that it could spy on Americans with impunity and face no Fourth Amendment claim? It may, and based on the thinnest of legal claims -- that Congress unintentionally allowed mass surveillance of Americans when it passed the Authorization of Use of Military Force in October 2001. |
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