Permission slip for dictatorship?

[Tuesday_Morning]

Apparently, as long as there's a 'War on Terror' Smirk is above the law and this "note from his lawyer makes it ok".

from a very interesting/maddening diary at DailyKos

http://dailykos.com/story/2005/12/17/83253/190

The legal memo written by John Yoo in 2001 was the President's permission slip for dictatorship.
The general argument that Yoo makes is simple: During war, all legal restrictions on the President's power vanish, and he can do whatever he wants in the name of defending the American people. So far, pretty straight forward.

But here is the tricky part that makes the Yoo memo such a bold-faced attempt to claim total power for George W. Bush: The Yoo memo is based not on the military idea of 'war,' but on the criminal concept of 'suspects.' This distinction is crucial.

(snip)

Note to Self: Constitution on Indefinite Leave Until 'Terror' Eliminated from Universe
Take a look at this opening paragraph from the Yoo memo in light of the above discussion of 'suspects':

You have asked for our opinion as to the scope of the President's authority to take military action in response to the terrorist attacks on the United States on September 11, 2001. We conclude that the President has broad constitutional power to use military force. Congress has acknowledged this inherent executive power in both the War Powers Resolution, Pub. L. No. 93-148, 87 Stat. 555 (1973), codified at 50 U.S.C. §§ 1541-1548 (the "WPR"), and in the Joint Resolution passed by Congress on September 14, 2001, Pub. L. No. 107-40, 115 Stat. 224 (2001). Further, the President has the constitutional power not only to retaliate against any person, organization, or State suspected of involvement in terrorist attacks on the United States, but also against foreign States suspected of harboring or supporting such organizations. Finally, the President may deploy military force preemptively against terrorist organizations or the States that harbor or support them, whether or not they can be linked to the specific terrorist incidents of September 11.

link to entire Yoo memo: http://www.usdoj.gov/olc/warpowers925.htm

[HysteryDiagnosis]

1. So in reality, the truth is, it is undeniably true that shrub was

jealous of Saddam's total control. I'm just sayin'.

[ingac70]

2. Ah, but no official Declaration from Congress.....

Means no real war.

[IndianaGreen]

5. The Constitution explicitly puts the power of war in the hands of Congress

and it is through a formal Declaration of War, not a Resolution. Even then, the President cannot subvert the powers of Congress or the Judiciary.

[punpirate]

3. Here's a contrary view of Yoo's...

... categorical assumption of power for the executive:

http://glenngreenwald.blogspot.com/2005/12/bushs-unchecked-executive-power-v.html

Very simply, the prosecution of war does not offer Bush leave to violate law. Read down the blog on the various arguments against unfettered power in wartime.

[Tuesday_Morning]

6. interesting blog...

puts it in historical context.

[DELUSIONAL]

7. This should be required reading -- thanks for the link

[punpirate]

8. Thanks should go to...

... firedoglake:

http://firedoglake.blogspot.com

The gals there dug it up in the course of looking into the FISA regs.

Cheers.

[DELUSIONAL]

4. That Yoo is a real piece of work --

I am now thinking along the lines of -- whomever suggests/approves rendition/spying or whatever should be the very first subject of the said illegal practice.

Now I think I would "enjoy" watching Yoo being tortured -- in fact it would be my duty as a citizen to what his by the book torture.

Bushie and his gang sure know how to find the sociopaths who will give them a "pass" to do whatever the hell they want to. Bomb a country, torture/murder or hell just simple spying on a secret list of people.

Now what are we going to be that the people who were spied on were more than likely bushie's political enemies and some of the info has been used to blackmail. Some of the strange voting patterns we've seen might be explained by the names on this list -- and I'll bet the list is in the thousands.

Bushie has a list and he is checking it twice -- gonna make sure all his enemies are listed.

AND was Wellstone murdered? I wouldn't put anything past that crooked gang of sociopaths in the white house . . . they are willing to do anything and everything to keep their power/and their keys to the treasury.

[Tuesday_Morning]

9. yeah, a fun guy all right.

from wikipedia:

http://en.wikipedia.org/wiki/John_Yoo

Yoo holds some controversial positions on executive authority, once asserting "in the exercise of his plenary power to use military force, the Preisdent's decisions are for him alone and are unreviewable."<3> It is unclear whether he would maintain this position if a non-Republican President were in office.

Recently in a debate with Doug Cassel, John Yoo took part in the following exchange:

Cassel: If the president deems that he's got to torture somebody, including by crushing the testicles of the person's child, there is no law that can stop him?

Yoo: No treaty...

Cassel: Also no law by Congress -- that is what you wrote in the August 2002 memo...

Yoo: I think it depends on why the President thinks he needs to do that.