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Geggy Geggy is offline
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Old Mar 3rd, 2009, 08:43 AM        suspension of 1st amendment was considered by bush regime
Chilling.

http://www.newsweek.com/id/187342
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ZeldaQueen ZeldaQueen is offline
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Old Mar 3rd, 2009, 09:19 AM       
Honestly?!?

That's just insane. Of course, if they tried it I could guarantee that no one would listen. It would be like if they tried to bring back slavery or segregation. No one would stand for it.

Plus, how on earth would they pitch that idea? "Hey, in the interest of protecting you all from...uh terrorists...we're just gonna take away your inalienable rights. You know, freedom of speech, freedom to assemble peacefully, freedom of the press, no biggies..."
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Old Mar 3rd, 2009, 01:35 PM       
They would pitch it by putting a gun to your head.
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Geggy Geggy is offline
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Old Mar 3rd, 2009, 05:39 PM       
Or send them anthrax laced letters.. lolz

Considering that obama was a former constitutional lawyer, we could expect him to reverse bush's anti-constitutional power grab. Releasing this type of info could be the first step hopefully.

Or am I kidding myself?
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Geggy Geggy is offline
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Old Mar 3rd, 2009, 07:43 PM       
George W. Bush Disposable Constitution
By Scott Horton (a professor at Columbia Law School and a writer for Harper's)
Source: Harper.com

Yesterday the Obama Administration released a series of nine previously secret legal opinions crafted by the Office of Legal Counsel to enhance the presidential powers of George W. Bush. Perhaps the most astonishing of these memos was one crafted by University of California at Berkeley law professor John Yoo. He concluded that in wartime, the President was freed from the constraints of the Bill of Rights with respect to anything he chose to label as a counterterrorism operations inside the United States.

Here's Neil Lewis's summary in the New York Times :

"The law has recognized that force (including deadly force) may be legitimately used in self-defense," Mr. Yoo and Mr. Delahunty wrote to Mr. Gonzales. Therefore any objections based on the Fourth Amendment's ban on unreasonable searches are swept away, they said, since any possible privacy offense resulting from such a search is a lesser matter than any injury from deadly force. The Oct. 23 memorandum also said that "First Amendment speech and press rights may also be subordinated to the overriding need to wage war successfully." It added that "the current campaign against terrorism may require even broader exercises of federal power domestically."

John Yoo's Constitution is unlike any other I have ever seen. It seems to consist of one clause: appointing the President as commander-in-chief. The rest of the Constitution was apparently printed in disappearing ink.

We need to know how the memo was used. Bradbury suggests it was not much relied upon; I don't believe that for a second. Moreover Bradbury's decision to wait to the very end before repealing it suggests that someone in the Bush hierarchy was keen on having it.

It's pretty clear that it served several purposes. Clearly it was designed to authorize sweeping warrantless surveillance by military agencies such as the Defense Intelligence Agency and the National Security Agency. Using special new surveillance programs that required the collaboration of telecommunications and Internet service providers, these agencies were sweeping through the emails, IMs, faxes, and phone calls of tens of millions of Americans. Clearly such unlawful surveillance occurred. But the language of the memos suggest that much more was afoot, including the deployment of military units and military police powers on American soil. These memos suggest that John Yoo found a way to treat the Posse Comitatus Act as suspended.

These memos gave the President the ability to authorize the torture of persons held at secret overseas sites. And they dealt in great detail with the plight of Jose Padilla, an American citizen seized at O'Hare Airport. Padilla was accused of being involved in a plot to make and detonate a "dirty bomb," but at trial it turned out that the Bush Administration had no evidence to stand behind its sensational accusations. Evidently it was just fine to hold Padilla incommunicado, deny him access to counsel and torture him-in the view of the Bush OLC lawyers, that is.

Among these memos was one for the files from Steven Bradbury, whom the Senate refused to confirm to run OLC, but who continued as a squatter in the position through the end of the Bush Administration. In his memo, the self-styled OLC head rejected a series of John Yoo-authored memos, noting the painfully obvious reasons why they were incorrect (for instance, Yoo's penchant for misquoting the Constitution). He did this on January 15, 2009-as he was clearing his desk and preparing to hunt for a new job. So why did he leave the ridiculous Yoo memos in place until the last possible second? Michael Isikoff furnishes a very plausible analysis on MSNBC:

We may not have realized it at the time, but in the period from late 2001-January 19, 2009, this country was a dictatorship. The constitutional rights we learned about in high school civics were suspended. That was thanks to secret memos crafted deep inside the Justice Department that effectively trashed the Constitution. What we know now is likely the least of it.
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El Blanco El Blanco is offline
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Old Mar 5th, 2009, 09:35 AM       
While I disagree with such measures, they are hardly unprecedented. Saints Roosevelt and Kennedy played pretty fast and loose with the Constitution. As did Jefferson, Wilson, Lincoln etc etc.

I guess it all depends on just how much of a threat we face and how effective such measures will be.

And I also don't see where it says these memos were actually going to be made policy. Presidents put together groups of advisers and want every option and its outlook. That doesn't mean these ideas are going to be put into place. The most famous of these would be Operation Northwoods.
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