George Bush: Fourth Amendment had no application to domestic military operations

 

Secret Post-9/11 Memo Circumvents Constitution, Posse Comitatus --

 

2003 memo: 'Our office recently concluded that the Fourth Amendment had no application to domestic military operations,' the footnote in that memo states, referring to a document titled 'Authority for Use of Military Force to Combat Terrorist Activities Within the United States.'

 

 For at least 16 months after the Sept. 11, 2001, attacks, the Bush administration argued that the Constitution's protection against unreasonable searches and seizures on U.S. soil did not apply to its efforts to protect against terrorism. That view was expressed in a secret Justice Department legal memo dated Oct. 23, 2001. Its existence was disclosed Tuesday in a footnote of a separate secret Justice Department memo, dated March 14, 2003, that discussed the legality of various  torture techniques. "Our office recently concluded that the Fourth Amendment had no application to domestic military operations," the footnote in that memo states, referring to a document titled "Authority for Use of Military Force to Combat Terrorist Activities Within the United States."

[See: The Posse Comitatus Act of 1878.]

  

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