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Secret Anti-Terror Bush Memos Made Public by Obama

by: Devlin Barrett  |  The Associated Press

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Justice Department memos from 2001. (Photo: Alex Brandon / AP)

    Washington - 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    Even after the Bush administration rescinded that legal analysis, the Justice Department refused to release its contents, prompting a standoff with congressional Democrats.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    While they were once important legal pillars of the U.S. fight against al-Qaida, some of the memos were withdrawn in the final days of the Bush administration.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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Lets see how the right can

Lets see how the right can spin this as selling America up the river... More Please Mr. President.

Disbarment would be too good

Disbarment would be too good for "patriots" like John Woo and those other guys who searched and schemed for ways to violate the laws and The Constitution. Their actions resulted in a whole lot of illegal acts by so many people downstream from Bush / Cheney. Accountability is needed. Special Prosecutors are desired. Let's look at the illegal activities and hold people accountable.

Thank Heaven that Holder and

Thank Heaven that Holder and Obama are in power today. The slide Bush was taking is so reminiscent of other dictators - From Hitler on.

So, is that whyHolder argued

So, is that whyHolder argued before the Ninth Circuit that the "state secrets" exemption applied to documents concerning a now ex-Islamic charitable group in Ashland, OR? Meaning the defendant could not see the documentary evidence upon which the gov't's charges were based because they were "state secrets"? This is EXACTLY the same argument the Bush Administration made. I'm very glad the documents are being released. Too bad it's only when Bush is gone and Obama & Pelosi have, in their own ways, continued to say that impeachment isn't an option, thus rewarding the Bush's administration's treasonous & unconstitutional behavior. And, as I said above, it seems the Obama administration is following in the footsteps of the Bush Administration in one particular way and in a few others. Don't celebrate yet, Congress has yet to resume its full powers. Remember, this is supposed to be a gov't with 3 separate branches of power. Not, as people & the MSM seem to write, of just one, the executive.

This is nothing new. Most

This is nothing new. Most people active in politics already knew this, now it's merely confirmed. The biggest question in my mind is "WHY"? To fight terrorists? PFFFT! Yeah right. And the next biggest question is "How long will it take to find out just how many Americans were subjected to this interpretation, and, therefore, are rotting in some jail cell possibly in another country"?

This should scare the

This should scare the conservatives. Because many right wingers belong to groups labeled anti-American terrorist groups by the US Govt including racial prejudiced groups - KKK, skinheads, ayrian nations types, white supremacists, along with anti abortion terror orgs, some criminal gangs. You could even put the tobacco companies in with their smuggling because tobacco smuggling is a funding agent for a number of terrorist groups worldwide.

What, precisely, is the

What, precisely, is the definition of "another high official"? How "high" up the food chain must one be before they can authorize an unlawful search and seizure of a US citizen? Can CIA do this despite the fact that it is against their charter? We talk and write about holding these powerful people accountable. We don't ever hold them accountable and never had held any of these clowns accountable. What happened to John Poindexter when he was convicted of lying to Congress, perjury...... He got promoted! Thomas Jefferson suggested we have a revolution decades ago. Better late than never.