PDA

View Full Version : no 4th amendment for DOMESTIC military operations


nehemiah
April 2nd, 2008, 4:34:03 PM
Today's Washington Post reports on a newly released memo, "Memorandum for William J. Haynes II, General Counsel of the Department of Defense Re: Military Interrogation of Alien Unlawful Combatants Held Outside the United States" (March 14, 2003) , which which was declassified and released publicly yesterday. Balkinization has commentary on the very troubling opinion.

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.
http://www.eff.org/deeplinks/2008/04/administration-asserts-no-fourth-amendment-domestic-military-operations


i can has impeachment?

uppy
April 2nd, 2008, 4:55:21 PM
to Combat Terrorist Activities

35Pete
April 2nd, 2008, 5:24:05 PM
to Combat Terrorist Activities

Come on Uppy. This is serious stuff. There's a time when it's cute. And there is a time here when you come across like an ass hole.

Not calling you that bro. But come on. This is about as brazen an opinion that I have EVER SEEN. Why are you affirming it? Please say it's just to bust our balls.

uppy
April 2nd, 2008, 6:04:25 PM
Come on Uppy. This is serious stuff. There's a time when it's cute. And there is a time here when you come across like an ass hole.

Not calling you that bro. But come on. This is about as brazen an opinion that I have EVER SEEN. Why are you affirming it? Please say it's just to bust our balls.

Not busting balls Pete,the only time domestic

military operations can happen is in a time

of war Congress allowed this to happen

when it passed the Authorization of Use of

Military Force 2001.The Court has allowed

this to stand,all three branches of goverment

are on the same page.I know you don't like

it but these are the facts of life until the

congress or the Court barrs the executive

branch form carrying out its obligation.

35Pete
April 2nd, 2008, 6:05:46 PM
Not busting balls Pete,the only time domestic

military operations can happen is in a time

of war Congress allowed this to happen

when it passed the Authorization of Use of

Military Force 2001.The Court has allowed

this to stand,all three branches of goverment

are on the same page.I know you don't like

it but these are the facts of life until the

congress or the Court barrs the executive

branch form carrying out its obligation.
You just don't seem to care about anyone's civil liberties at all Uppy. Not one damn bit of appreciation for them.

Why? Why do you want to live in a nation that's stacking it's books with the same laws that Ronald Reagan scorned when he said "Mr. Gorbachev, tear down this wall!".

Why?

Shama-Lama Ding Dong
April 2nd, 2008, 9:13:32 PM
Uppy is banking on loyalty, not reality. Anyone knows that the dog has no idea you're taking him in to get put down.

35Pete
April 2nd, 2008, 10:27:17 PM
Uppy is banking on loyalty, not reality. Anyone knows that the dog has no idea you're taking him in to get put down.

That's exactly right. He thinks the people that he supports would never think of slitting his throat if they thought that they'd benefit.

He's God Bless America crowd. And we all know they are revered by the government.

Or laughed at as suckers.

uppy
April 3rd, 2008, 4:56:16 PM
I don't love the goverment Boys-I love my country and understand the
primitive savages we are fighting happen to be the threat not my goverment

35Pete
April 3rd, 2008, 5:06:20 PM
I don't love the goverment Boys-I love my country and understand the
primitive savages we are fighting happen to be the threat not my goverment

Well at least we agree that the intelligence community are a bunch of primitive savages.

uppy
April 3rd, 2008, 5:26:24 PM
Well at least we agree that the intelligence community are a bunch of primitive savages.


I guess when Ahmadinejad says Israel should be wiped off the earth he's talking about something else

35Pete
April 3rd, 2008, 5:33:23 PM
I guess when Ahmadinejad says Israel should be wiped off the earth he's talking about something else

This has been played out way too much by you warhawks.

I'll let someone else answer this.

BTW. I've changed my position on Israel too. Biggest group of terrorists in the Middle East.

We should cut off their umbilical cord and let them fend for themselves, don't you think?