Bush Administration Memo Says Fourth Amendment Does Not Apply To
Military Operations Within U.S. (4/2/2008)
(excerpts)
....also reveals a radical interpretation of the Constitution's Fourth
Amendment protection from unreasonable search and seizure. The memo,
declassified yesterday as the result of an American Civil Liberties
Union lawsuit, cites a still-secret DOJ memo from 2001 that found that
the "Fourth Amendment had no application to domestic military
operations." ...
....The Bush administration has never argued publicly that the Fourth
Amendment does not apply to military operations within the nation's
borders. The memo released yesterday publicizes this argument for the
first time. ...
....Relying on the earlier memo, the March 2003 memo argues that the
president has authority as Commander-in-Chief to bypass not only the
Fourth Amendment but the central due process guarantee of the Fifth
Amendment as well.
....I've been walking Central Park, Singing after dark...
