Nine secret legal opinions, written by former Office of Legal Counsel attorneys John C. Yoo and Robert J. Delahunty, were recently released by the Justice Department. Overall, they reveal that the Bush administration brought the United States close to executive tyranny after the September 11th, 2001 attacks.

Neil A. Lewis wrote in the New York Times, “The opinions reflected a broad interpretation of presidential authority, asserting as well that the president could unilaterally abrogate foreign treaties, ignore any guidance from Congress in dealing with detainees suspected of terrorism, and conduct a program of domestic eavesdropping without warrants.”

One of the opinions, written by John C. Yoo and dated October 23, 2001, stated that the Fourth Amendment’s ban on unreasonable searches and seizures was not relevant in wartime, “The Government’s compelling interest in protecting the nation from attack and in prosecuting the war effort would outweigh the relevant privacy interests, making the search and seizure reasonable.” Regarding the need for a warrant, Yoo wrote, “Warrant and probable cause requirements… are unsuited to the demands of wartime and the military necessity to prosecute a war against an enemy.”

In addition, the October 23, 2001 memo asserted that “First amendment speech and press rights may also be subordinated to the overriding need to wage war successfully.” The memo further declared that, “The current campaign against terrorism may require even broader exercises of federal power domestically.”

According to Scott Horton, an International Human Rights Attorney, writing in Harpers Magazine, “He [Yoo] concluded that in wartime, the President was freed from the constraints of the Bill of Rights, with respect to anything he chose to label as a counter terrorism operation inside the United States.”

In a statement made on MSNBC, Michael Isikoff remarked, “We may not have realized it at the time, but in the period from late 2001 – January 19, 2009, this country was a dictatorship.”

The Senate Judiciary Committee is considering a commission of inquiry to investigate the Bush administration’s controversial counter terrorism tactics. The Chairman, Patrick J. Leahy (D-Vermont) proposed a “truth commission” to probe the use of torture, domestic surveillance, and other contentious policies enacted during Bush’s Presidency.

Majority Whip Richard J. Durbin (Democrat, Illinois) and Senator Sheldon Whitehouse (Democrat, Rhode Island) have also called for the release of a report prepared by the Justice Department, based on a 4½ year-long inquiry into whether three former OLC lawyers – including Yoo and former OLC chief Jay S. Bybee – violated professional standards in preparing these opinions.

More documents are expected to be released.

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