Secret Bush Memorandum Related to 9/11 Fight on Terrorism Powers Now Available Here

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In its ongoing march towards transparency – at least as it relates to the previous administration – the Obama whitehouse has just released 9 previously secret Bush papers regarding just how far the administration could go in the fight on terrorism.

Written by John Yoo and Robert Delahunty, both then of the U.S. Office of Legal Counsel, these are the memoranda upon which the Bush Whitehouse based its efforts to excercise a breadth and scope of presidential powers in the fight on terrorism unlike any seen in many years past. Wiretaps, warrantless seizures, detainments – it’s all here in these memoranda which were kept secret, until now. They include:

* Memorandum Regarding Constitutionality of Amending Foreign Intelligence Surveillance Act to Change the “Purpose” Standard for Searches (09-25-2001)

* Memorandum Regarding Authority for Use of Military Force to Combat Terrorist Activities within the United States (10-23-2001)

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* Memorandum Regarding Authority of the President to Suspend Certain Provisions of the ABM Treaty (11-15-2001)

* Memorandum Regarding the President’s Power as Commander in Chief to Transfer Captured Terrorists to the Control and Custody of Foreign Nations (03-13-2002)

* Memorandum Regarding Swift Justice Authorization Act (04-08-2002)

* Memorandum Regarding Determination of Enemy Belligerency and Military Detention (06-08-2002)

* Memorandum Regarding Applicability of 18 U.S.C. § 4001(a) to Military Detention of United States Citizens (06-27-2002)

* Memorandum Regarding October 23, 2001 OLC Opinion Addressing the Domestic Use of Military Force to Combat Terrorist Activities (10-06-2008)

* Memorandum Regarding Status of Certain OLC Opinions Issued in the Aftermath of the Terrorist Attacks of September 11, 2001 (01-15-2009)

You can download them all, in PDF format, here.

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