Bush Lawyers Approved Constitution-Free Domestic Military Ops, Docs Show
The Justice Department secretly authorized President George Bush to use the military inside the United States to snoop on, raid and even kill citizens in order to fight terrorism without regard to the Fourth or Fifth Amendment, according to a Oct 23, 2001 memo released by the Obama Administration Monday.
"We do not think a military commander carrying out a raid on a terrorist cell would be required to demonstrate probable cause or to obtain a warrant," the Office of Legal Counsel memo (.pdf) said. "We think that the better view is that the Fourth Amendment does not apply to domestic military operations designed to deter and prevent future terrorist attacks."
Department of Justice special counsel Robert Delahunty and John Yoo, a deputy assistant attorney general best known for penning a memo authorizing government agents to torture suspected terrorists, issued the memo after the administration asked whether it could use the military inside the United States.
Government employees rely on the Office of Legal Counsel’s memos for binding advice as to what activities are and are not legal.
