Last week, the American Civil Liberties Union managed to obtain two Bush administration legal memos about government surveillance.
here's looking at Yoo
The first memo, written by Office of Legal Counsel lawyer John Yoo in November 2001, contends that the president has authority as Commander in Chief of the Armed Forces to disregard the Foreign Intelligence Surveillance Act (FISA), a statute that "purports" (Yoo's word) to regulate government surveillance. It also contends that Congress doesn't have the power to regulate the president's authority to gather intelligence for national security purposes. And it contends that intelligence gathering in support of military operations "does not trigger constitutional rights against illegal searches and seizures." -- ACLU's Jameel Jaffer
A second memo by Jack Goldsmith not only fails to repudiate Yoo's views but suggests adoption of the same; more here. The Obama administration has not only continued the National Security Agency's warrantless wiretapping program, but is using cover of "state secrets" to expand Presidential power, most recently launching an attack on Miranda.
Left, the 'secret room' in AT&T's Folsom Street office in San Francisco is believed to be one of several internet wiretapping facilities at AT&T offices around the country feeding data. Photo c/o Catholic Online
