One must remember that these memo’s were drawn right after the attacks of September 11’th 2001. They were, for all intents and purposes rejected by the Bush Administration. However it does give a glimpse into the minds of those in charge of the country, in the days after September 11.
Via the AP:
The Obama administration threw open the curtain on years of Bush-era secrets Monday, revealing anti-terror memos that claimed exceptional search-and-seizure powers and divulging that the CIA destroyed nearly 100 videotapes of interrogations and other treatment of terror suspects.
The Justice Department released nine legal opinions showing that, following the Sept. 11, 2001, terrorist attacks, the Bush administration determined that certain constitutional rights would not apply during the coming fight. Within two weeks, government lawyers were already discussing ways to wiretap U.S. conversations without warrants.
The Bush administration eventually abandoned many of the legal conclusions, but the documents themselves had been closely held. By releasing them, President Barack Obama continued a house-cleaning of the previous administration’s most contentious policies.
"Too often over the past decade, the fight against terrorism has been viewed as a zero-sum battle with our civil liberties," Attorney General Eric Holder said in a speech a few hours before the documents were released. "Not only is that school of thought misguided, I fear that in actuality it does more harm than good."
The Obama administration also acknowledged in court documents Monday that the CIA destroyed 92 videos involving terror suspects, including interrogations — far more than had been known. Congressional Democrats and other critics have charged that some of the harsh interrogation techniques amounted to torture, a contention President George W. Bush and other Bush officials rejected.
Related segment on MSNBC, on Keith Olbermann’s Countdown:
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- Memorandum Regarding Status of Certain OLC Opinions Issued in the Aftermath of the Terrorist Attacks of September 11, 2001 (01-15-2009)
- Memorandum Regarding Constitutionality of Amending Foreign Intelligence Surveillance Act to Change the "Purpose" Standard for Searches (09-25-2001)
- Memorandum Regarding Authority for Use of Military Force to Combat Terrorist Activities within the United States (10-23-2001)
- Memorandum Regarding Authority of the President to Suspend Certain Provisions of the ABM Treaty (11-15-2001)
- Memorandum Regarding the President’s Power as Commander in Chief to Transfer Captured Terrorists to the Control and Custody of Foreign Nations (03-13-2002)
- Memorandum Regarding Swift Justice Authorization Act (04-08-2002)
- Memorandum Regarding Determination of Enemy Belligerency and Military Detention (06-08-2002)
- Memorandum Regarding Applicability of 18 U.S.C. § 4001(a) to Military Detention of United States Citizens (06-27-2002)
- Memorandum Regarding October 23, 2001 OLC Opinion Addressing the Domestic Use of Military Force to Combat Terrorist Activities (10-06-2008)
It must be emphasized that these opinions were rejected by the Bush Administration and never used, however, it does gives insight into the mindset of the previous Presidential Administration and Justice Department under the Bush Administration after the 9/11 attacks.
It has been already speculated that there could be prosecutions brought on, because of this document dump, and there are lawsuits pertaining to the destruction of tapes by the CIA, in regards to torture.
I personally believe that this is just the tip of the iceberg of stunning revelations to come, about the conduction and secrets hidden by the former administration.
It will be an interesting story to follow indeed.
Others: Alan Colmes’ Liberaland, Reuters, D-Day, Crooks and Liars, Washington Monthly, CBS News, ACLU, Prairie Weather and Think Progress