The Cheney Plan To Undermine Fundamental Constitutional Protections
This new report today from The New York Times' Mark Mazzetti and David Johnston reveals an entirely unsurprising though still important event: in 2002, Dick Cheney and David Addington urged that U.S. military troops be used to arrest and detain American citizens, inside the U.S., who were suspected of involvement with Al Qaeda. That was done pursuant to a previously released DOJ memo (.pdf) authored by John Yoo and Robert Delahunty, addressed to Alberto Gonzales, dated October 23, 2001, and chillingly entitled "Authority for Use of Military Force to Combat Terrorist Activities Within the U.S." That Memo had concluded that the President had authority to deploy the U.S. military against American citizens on U.S. soil. Far worse, it asserted that in exercising that power, the President could not bound either by Congressional statutes prohibiting such use (such as the Posse Comitatus Act) or even by the Constitution's Fourth Amendment, which -- the Memo concluded -- was "inapplicable" to what it called "domestic military operations."
Though it received very little press attention, it is not hyperbole to observe that this October 23 Memo was one of the most significant events in American politics in the last several decades, because it explicitly declared the U.S. Constitution -- the Bill of Rights -- inoperative inside the U.S., as applied to U.S. citizens. Just read what it said in arguing that neither the Fourth Amendment -- nor even the First Amendment -- can constrain what the President can do when overseeing "domestic military operations" (I wrote about that Memo when it was released last March and excerpted the most revealing and tyrannical portions: here).
