Corruption

Yoo've Got to Be Kidding, or, First Amendment, Shmirst Amendment, This is WAR!!

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From Michael Isikoff in Newsweek, the latest on the sterling and much appreciated advice on executive power that John Yoo of the Justice Department's Office of Legal Counsel was giving back in 2001:

In the aftermath of the 9/11 attacks, the Justice Department secretly gave the green light for the U.S. military to attack apartment buildings and office complexes inside the United States, deploy high-tech surveillance against U.S. citizens and potentially suspend First Amendment freedom-of-the-press rights in order to combat the terror threat, according to a memo released Monday…..

In perhaps the most surprising assertion, the Oct. 23, 2001, memo suggested the president could even suspend press freedoms if he concluded it was necessary to wage the war on terror. "First Amendment speech and press rights may also be subordinated to the overriding need to wage war successfully," Yoo wrote in the memo entitled "Authority for Use of Military Force to Combat Terrorist Activity Within the United States."

This claim was viewed as so extreme that it was essentially (and secretly) revoked—but not until October of last year, seven years after the memo was written and with barely three and a half months left in the Bush administration.

At that time, Steven Bradbury, who headed the Office of Legal Counsel throughout Bush's second term, concluded that Yoo's statements about overriding First Amendment freedoms were "unnecessary" and "overbroad and general and not sufficiently grounded in the particular circumstance of a concrete scenario," according to a memo from Bradbury also made public Monday.

Gene Healy wrote for Reason magazine on the dangers of overextending executive power back in June 2008. Lots of Reason links on the abominable Mr. Yoo here.