'The October 2001 memo arguing for unregulated military searches on U.S. soil has not been formally withdrawn and remains a secret but unclassified document.' Administration Asserted Fourth Amendment Does Not Apply to Domestic Military Operations In Terror Fight 04 Apr 2008 The Justice Department concluded in October 2001 that military operations combating terrorism inside the United States are not limited by Fourth Amendment protections against unreasonable searches and seizures, in one of several secret memos containing new and controversial assertions of presidential power. The memo, sent on Oct. 23, 2001, to the Defense Department and the White House by the Office of Legal Counsel, focused on the rules governing any deployment of U.S. forces inside the country "in the event of further large-scale terrorist activities" by al-Qaeda, a Justice Department official said yesterday. The October 2001 memo arguing for unregulated military searches on U.S. soil has not been formally withdrawn and remains a secret but unclassified document, according to Justice Department spokesman Brian Roehrkasse.
Post-9/11 Memo Indicates View Around Constitution
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http://www.washingtonpost.com/wp-dyn/content/article/2008/04/03/AR2008040300067.htmlFor at least 16 months after the Sept. 11, 2001, attacks, the Bush administration argued that the Constitution's protection against unreasonable searches and seizures on U.S. soil did not apply to its efforts to protect against terrorism.
That view was expressed in a secret Justice Department legal memo dated Oct. 23, 2001. The administration stressed yesterday that it now disavows that view.
The October 2001 memo was written at the White House's request by John Yoo, then the deputy assistant attorney general, and addressed to Alberto R. Gonzales, then the White House counsel. The37-page memo has not been released.
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