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sabra Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 03:44 PM
Original message
Secret Bush memos made public by Obama
Edited on Mon Mar-02-09 03:59 PM by sabra
Source: AP

WASHINGTON (AP) — The Justice Department has released a long-secret legal document from 2001 in which the Bush administration claimed the military could search and seize terror suspects in the United States without warrants.

The legal memo was written about a month after the Sept. 11 terror attacks. It says constitutional protections against unlawful search and seizure would not apply to terror suspects in the U.S., as long as the president or another high official authorized the action.

Even after the Bush administration rescinded that legal analysis, the Justice Department refused to release its contents, prompting a standoff with congressional Democrats.

The memo was one of nine released Monday by the Obama administration.

Read more: http://www.google.com/hostednews/ap/article/ALeqM5gRGpDB9rJVNmotxpefcc3LQsUCJwD96M41UO1



http://www.alertnet.org/thenews/newsdesk/N02424244.htm

Bush-era memo ok'd military role inside U.S.

Source: Reuters
WASHINGTON, March 2 (Reuters) - The U.S. military would have been authorized to kick in doors and raid a terrorist cell inside the United States without a search warrant, under a Bush administration legal memo made public by the Justice Department on Monday.

The department released nine previously undisclosed memos and legal opinions which shed light on former U.S. President George W. Bush's legal guidance as he launched a war on terrorism after the Sept. 11 attacks. Bush disavowed most of the advice in a final memo dated days before U.S. President Barack Obama took office in January, and Obama later declared all of the memos no longer valid.

memos here:

http://www.usdoj.gov/opa/documents/olc-memos.htm

# 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)

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Why Syzygy Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 03:46 PM
Response to Original message
1. kick it up
:bounce:
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Richard Steele Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 12:47 AM
Response to Reply #1
97. Did. nm
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babylonsister Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 03:48 PM
Response to Original message
2. This seems like a very good sign. nt
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Why Syzygy Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 03:52 PM
Response to Reply #2
5. We weren't paranoid. He really was after us.
:eyes:
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babylonsister Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 03:56 PM
Response to Reply #5
7. No, I meant the fact that Obama released them. Doesn't seem like
he's trying to enable anyone, at least in this instance, as has been hashed about.
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Why Syzygy Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 03:59 PM
Response to Reply #7
10. Agreed.
My comment was about Bush.
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ginnyinWI Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 12:15 AM
Response to Reply #7
94. people in this forum are so quick to judge (not you).
I say be patient and watch the man do his thing. He's got timing like we can't imagine.

Oh and it's about as far away from a Friday news-dump as possible so we know it is meant to be seen. ;)
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sansf Donating Member (37 posts) Send PM | Profile | Ignore Tue Mar-03-09 01:27 PM
Response to Reply #94
116. 'watch the man' ?
Even George knew that these concrete memos would be released. They confirm what is already known but add chilling details on how pre 9/11, and unconstitutional the actions based on them are. Is Obama saying 'make me do something?'. The middle class is gasping to survive economically, so who will get to DC to cry out? Very few. I have called Speier (my rep), Pelosi, 2 CA senators, Conyers. I don't waste time on Harry. These memos reflect crimes against us. The 1st, 4th, and 5, 6 7, amendments have been almost shredded. Watch Obama? I don't think so.
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AzDar Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 03:50 PM
Response to Original message
3. Righteous.
:kick:
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hlthe2b Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 03:51 PM
Response to Original message
4. Can't wait to hear from Jonathan Turley and Glenn Greenwald
on these....
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goforit Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 12:09 PM
Response to Reply #4
111. Yes they certainly are the tolken voice on truth and justice.
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Jamastiene Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 03:56 PM
Response to Original message
6. We told 'em so. n/t
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Soylent Brice Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 03:58 PM
Response to Original message
8. big ass K&R
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Posteritatis Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 03:58 PM
Response to Original message
9. "Swift Justice Authorization Act?"
... That's probably the most frightening name for a piece of legislation I've seen under that whole administration. Wow.
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Soylent Brice Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 04:07 PM
Response to Reply #9
16. i translated that as the "American Nazi Coming For You In Your Sleep Act"
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nxylas Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 08:00 PM
Response to Reply #16
61. The "I Am The Law Act"
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Jambalaya Donating Member (359 posts) Send PM | Profile | Ignore Mon Mar-02-09 08:17 PM
Response to Reply #16
64. Doctor Goebbels,I presume?

"The lie can be maintained only for such time as the State can shield the people from the political, economic and/or military consequences of the lie.

It thus becomes vitally important for the State to use all of its powers to repress dissent, for the truth is the mortal enemy of the lie, and thus by extension, the truth becomes the greatest enemy of the State."-- Dr. Joseph M. Goebbels
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Qutzupalotl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 04:32 PM
Response to Reply #9
23. It was never packaged for public consumption.
They didn't even try to give it a clear skies/healthy forests happy face.

And even they backed off from it after a while.

What a steaming mess.
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RaleighNCDUer Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 10:13 AM
Response to Reply #23
107. They could have called it "Night and Fog" --
but that's been used already.
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Uncle Joe Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 04:21 PM
Response to Reply #23
120. I disagree with respect to the Fig Leaf, aka; Hosing Out the Horse Barn Memorandum.
"# Memorandum Regarding October 23, 2001 OLC Opinion Addressing the Domestic Use of Military Force to Combat Terrorist Activities (10-06-2008)"

I suspect that less than a month before the election, reality set in and job one became giving the pRresident a plausible deni-ability memorandum.

While eight years of Cheney/Bush rule were operated using the un-Constitutional, Bill of Rights raping, freedom killing, Big Brother loving, quasi assumptions of the first memorandums, the memorandum dated 10-06-2008; when they saw the writing on the wall, just before the election was a last ditch effort of rehabilitative pubic relations and I believe that's the only reason, they backed off of it.




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Golden Raisin Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 05:06 PM
Response to Reply #9
30. Brown shirts,
black shirts, Gestapo, kicking in your door at 3 in the morning and dragging you away. Of course, THEY decide what's "just", who is "guilty" and the rest of us have no say or recourse. Once again with the Bush regime, the Founding Fathers are spinning in their graves.
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Grinchie Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 06:18 PM
Response to Reply #30
43. We have no say in the decision to put unlabeled GMO Foods in our food supply.
How is that any different than claiming that Government knows best on what we should be poisoning ourselves with, or that they can choose to disappear anyone that poses a threat in their own minds?
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L. Coyote Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 08:10 PM
Response to Reply #9
63. Sounds sort of Latter-Day "Judge, Jury, Executioner" in beaurocratesse.
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tblue37 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 11:54 PM
Response to Reply #9
92. Sounds frighteningly like "execution." nt
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Gregorian Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 04:00 PM
Response to Original message
11. Good. Bush correographed the hijacking and ruination of America.
All of it. Piece by piece we're uncovering the evidence.
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superconnected Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 04:02 PM
Response to Reply #11
12. I'm betting you're right. Or he at the very least knew about it and allowed it.
Edited on Mon Mar-02-09 04:04 PM by superconnected
So far the bush administration admits he had the file in his hand but smiply hadn't read it. I don't believe it when he had so much to gain in looting our treasury to give to republican defense companies including carlyle who owned united defense and other subsidies that got iraq, 911 and katrina contracts. Plus Bush Sr. worked for them.
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The Wielding Truth Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 12:25 PM
Response to Reply #11
113. Obvious since his appointment, and it's the REp Party goal, too.
They only wish to have the "Freedom" to make money no matter who or what they have to ruin.
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derby378 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 04:03 PM
Response to Original message
13. Big fat K&R! Downloading now!
Anyone found a "smoking gun" yet in the memos that could lead to criminal prosecutions?
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Liberal_Stalwart71 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 04:03 PM
Response to Original message
14. What does it matter if the Obama administration won't pursue criminal
Edited on Mon Mar-02-09 04:04 PM by Liberal_Stalwart71
investigations of the Bush administration? At this point, it means nothing unless Obama is going to do something about it. If he doesn't, then he and his administration are complicit in these crimes against the Constitution.

Flame me all you want, but why not make a compelling case for why the administration SHOULD NOT pursue criminal investigations. Then, tell me again that you revere the U.S. Constitution, this country and everything it stands for.
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Jackpine Radical Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 05:18 PM
Response to Reply #14
32. I have no intention of flaming you, but we haven't yet established
that there will be no followup. Seems to me that the first step in a followup would be releasing the memos. Time will tell if your cynicism is justified. In 6 weeks Obama has already moved from foreplay with Republicans to laying out 50-vote plans. In the present case, let's see what comes next. My mind is still open on when and if I'm ready to take to the barricades.
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Liberal_Stalwart71 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 11:41 PM
Response to Reply #32
91. I'll be waiting as well, and putting my faith in Obama, Henry Waxman, John Conyers
Edited on Mon Mar-02-09 11:41 PM by Liberal_Stalwart71
...and yes, Leahy and Feingold. I'm trying to be more optimistic.
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ORDagnabbit Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 04:06 PM
Response to Original message
15. when does bush get arrested and charged with high crimes and treason?
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Amonester Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 04:18 PM
Response to Reply #15
19. never.
impeachment is off the table, 'member.
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TBF Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 05:22 PM
Response to Reply #19
33. I'd love to see them arrest him, but I doubt it will happen. I'll still
K&R the thread though - release of the memos on it's own is worth it. And who knows, Obama could surprise me.
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Grinchie Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 06:23 PM
Response to Reply #33
46. They can't even get that gasping blowbag Rove to honor a Subpoena
You really think they'ed be successful in the Top Secret SCI world of the CIA?

They couldn't get the director of the EPA or the Secretary of Energy under Bush to give any opinions of their own, since accountability, executive privilege, and lost memory stifles the Congressional panels every time.

They know very well that if you don't say anything at all, the lazy, inept democrats will go play gof instead of actually researching the facts these fascists are sitting on.
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TBF Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 06:38 PM
Response to Reply #46
51. Heh. In this case I doubt they are even faking that memory loss. Bunch
of incompetent fools. Well, except Cheney. I think he knows exactly what he did.
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midnight Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 07:54 PM
Response to Reply #46
60.  Democratic Senator Feingold has been running into resistance
for re-establishing the rule of law. We need to recognize that he is one who is trying to get some traction in this area dealing with the law. I just wish more people would get with the concept of the rule of law vs. the rule of men.
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Left Coast2020 Donating Member (597 posts) Send PM | Profile | Ignore Tue Mar-03-09 12:34 AM
Response to Reply #33
95. It won't be Obama's call. He has an A.G. now.
Obama was asked in presser after confirmation about this same subject and Obama said, " I will allow him to make some calls". I have to believe this is one of them.
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TBF Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 08:24 AM
Response to Reply #95
105. Not technically, but do you really think Mr. Holder would proceed without
Edited on Tue Mar-03-09 08:25 AM by TBF
knowing Obama approves or disproves such an action? He'll figure out whether it would be a welcome or unwelcome action before he puts his time and effort into it. All it takes is a single pardon from Obama for it to go away. Holder won't file if he that will be the result.
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sansf Donating Member (37 posts) Send PM | Profile | Ignore Mon Mar-02-09 05:33 PM
Response to Reply #15
35. perhaps when Rove
shows up on tee vee with Stephanopoulos and gets arrested for contempt of congress
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davidwparker Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 07:29 PM
Response to Reply #35
56. THAT would be must-see TeeVee
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CLANG Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 09:01 PM
Response to Reply #35
74. Or on Fox News during his pundittin' - What a scene that would be
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bdamomma Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 08:20 AM
Response to Reply #35
104. welcome to DU sansf!!
Rove that POS, while everyone is looking at Rush, Rove is still on TV making pronouncements this man needs to be in jail. What arrogance this man has!!!!!
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LiberalFighter Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 06:50 PM
Response to Reply #15
53. Possibly never but there are other options
A) He travels out of the country and is arrested and tried for war crimes.
B) More and more comes out to smear his legacy.
C) His daddy parachutes out of a plane and kills him when landed on.
D) He starts eating pretzels and drinking beer again and chokes on the pretzels.
E) Barney attacks him and they have to put Bush down.
F) He cleans up the brushes on his ranch and is infected with the Lyme disease and is late in seeking treatment.
G) He decides to jog at nite and falls into a deep hole.
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OnyxCollie Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 11:18 PM
Response to Reply #53
86. Option F already happened.
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caseymoz Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 09:38 PM
Response to Reply #15
79. Oh, it will happen.

Probably not in the next 4 years, but it will happen. I could see Repubs hanging him out to dry to try to save their own party's sinking fortunes.
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Maeve Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 04:08 PM
Response to Original message
17. The old "it's legal if the President does it" excuse What BS! eom
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butterfly77 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 04:13 PM
Response to Original message
18. Kick &Recommended!
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Dinger Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 04:23 PM
Response to Original message
20. K & R!
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Dangerously Amused Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 04:28 PM
Response to Original message
21. Bush: Bring it on!

Obama: Okay, here it comes.

Bush: Wait! No, not now! Oh shit! :scared:
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Generic Other Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 04:32 PM
Response to Original message
22. Opening the windows and letting the stink out of the halls of power!
This is not news for most of us because we suspected it was the case. Nice to see it in black and white though.

Bush administration: They hate us for our freedoms.
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Ikonoklast Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 04:39 PM
Response to Original message
24. Warrantless search and seizures of American citizens by the military.
# Memorandum Regarding Applicability of 18 U.S.C. § 4001(a) to Military Detention of United States Citizens (06-27-2002)

This would not have ended well. Not well at all.
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northofdenali Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 04:43 PM
Response to Original message
25. I guess our fear over the last 8 years was justified -
what's the old statement, "You're not paranoid because they ARE out to get you"?

I got wanded and my ticket marked on a trip from here to Alabama to go to my daughter's wedding. I hadn't flown at all since 1995. The ONLY reason I could have been given the "special mark" on my ticket is my political activity since that time. Not even a traffic ticket, let alone arrest, on my record - EVER. So why the "special treatment"?

Despising GWB and his entire misadministration and cronies-in-crime made you automatically suspect. My brother, who is a total straight arrow, got on the "no-fly" list - and he believes the reason is his wife (a Native American, Cherokee) is very active in Indian affairs...............

Thank God for Obama and Biden. :thumbsup:

Now I really DO have hope that our Nation will once again become what it was meant to be.
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zeemike Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 06:09 PM
Response to Reply #25
41. I think it was "just because your paranoid
doesn't mean that they are not out to get you"
But it sounds like they have been reading your mail.
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northofdenali Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 06:25 PM
Response to Reply #41
47. Mail, hell, all they'd have to do is Google me!
Under my pseudonyms, my real name, my home address.........

Thanks for the correction! I'm also thinking of Buffalo Springfield....."Paranoia strikes deep, into your soul it will creep....."
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zeemike Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 06:57 PM
Response to Reply #47
55. If I remember it correctly it is like this.
paranoia runs deep
Into your life it will creep
It starts when you are always afraid
Step out of line they'll come and take you away

Stop children what's that sound
Everybody look what's going down.

Not trying to be a smarty but I must have listened to that song a million times. It was one of my favorites.
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keepthemhonest Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 04:51 PM
Response to Original message
26. let's not forget "if your not with us your against us"
so we are all terrorists in their eyes( the * administration that is.)Especially those of us here at the democratic underground.
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CountAllVotes Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 05:00 PM
Response to Original message
27. K&R !!

GOBAMA!!!!!

:dem: :kick: :kick: :kick:
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acmavm Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 05:01 PM
Response to Original message
28. Hmmmm. I wonder why, if he wasn't going to investigate and prosecute,
Obama would be doing this stuff.

See, that's why I say wait a while longer. He just might be working up to something. I sure hope so. Because this is a make or break deal for me.

Wait and see, wait and see.
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Grinchie Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 06:28 PM
Response to Reply #28
48. Obama specifically asked for our support. Perhaps we should let him know
We should let him and Congress know without any uncertainty that we will go to the mat to get to the truth. I just think that Obama does not want to go down the road when so many Blue Dog's Pelosi's and vasilators infest the Congress.

I think we all need to get the word out and express our indignance at the information revealed by these memos, and give the Congress Critters the courage to grow a spine.
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Maraya1969 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 05:01 PM
Response to Original message
29. Check out the last memorandum. It is dated October 2008, right before
the election. It is a "caution" not to use the previous memorandums as an authority and that all those other memos were only in response to the September 11 attacks.

I think the memo was written just because their was going to be a new sheriff in town and they were trying to cover their asses.


If someone knows how to copy and paste from a pdf. file please paste this one here. It is short. (And can you tell me how to do it? I've never been able to figure this one out.)


http://www.usdoj.gov/opa/documents/memoolcopiniondomesticusemilitaryforce10062008.pdf
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rateyes Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 05:37 PM
Response to Reply #29
36. Your wish--my command.
U.S. Department of Justice
Office of Legal Counsel
Office of the Principal Deputy Assistarn Attorney General Washrngroii. D.C 20530
October 6, 2008

MEMORANDUM FOR THE FILES

Re: October 23, 2001 OLC Opinion Addressing the
Domestic Use of Military Force to Combat Terrorist Activities

The purpose of this memorandum is to advise that caution should be exercised before relying in any respect on the Memorandum for Alberta R. Gonzales, Counsel to the President, and William J. Haynes 11, General Counsel, Department of Defense, from John C. Yoo, Deputy Assistant Attorney General, and Robert J. Delahunty, Special Counsel, Office of Legal Counsel,
Re: Authority for Use of Military Force to Combat Terrorist Activities Within the United States (Oct. 23, 2001) (“10/23/01 MemorandUm”) as a precedent of the Office of Legal Counsel, and that certain propositions stated in the 1023/01 Memorandum, as described below, should not be treated as authoritative for any purpose.

It is important to understand the context of the lOi23/0l Memorandum. It was the product of an extraordinary—indeed, we hope, a unique—period in the history of the Nation:
the immediate aftermath of the attacks of 9i11. Perhaps reflective of this context, the 10,!23/0l Memorandum did not address specific and concrete policy proposals; rather it addressed in general terms the broad contours of hypothetical scenarios involving possible domestic military contingencies that senior policymakers feared might become a reality in the uncertain wake of the catastrophic terrorist attacks of 91l. Thus, the 10/23/01 Memorandum represents a departure, although perhaps for understandable reasons, from the preferred practice of OLC to render formal opinions only with respect to specific and concrete policy proposals and not to undertake a general survey of a broad area of the law or to address general or amorphous hypothetical scenarios that implicate difficult questions of law.

We also judge it necessary to point out that the 10/23/01 Memorandum states several specific propositions that are either incorrect or highly questionable. The memorandum’s treatment of the following propositions is not satisfactory and should not be treated as authoritative for any purpose:

• The memorandum concludes in part V. pages 25-34. that the Fourth Amendment would not apply to domestic military operations designed to deter and prevent further terrorist attacks. This conclusion does not reflect the current views of this Office. The Fourth Amendment is fully applicable to domestic military operations, though the application of the Fourth Amendment’s essential “reasonableness” requirement to particular circumstances will be sensitive to the exigencies of military actions. The 10/2301 Memorandum itself concludes in part VI, pages 34-37, that domestic military operations necessary to prevent or address further catastrophic terrorist attacks within the United States likely would satisfy the Fourth Amendment’s reasonableness requirement, if the Fourth Amendment were held to apply; thus, the erroneous conclusion in part V was not necessary to the opinion.

• Part V of the memorandum also contains certain broad statements on page 24 suggesting that First Amendment speech and press rights and other guarantees of individual liberty under the Constitution would potentially be subordinated to overriding military necessities. These statements, too, were unnecessary to the opinion, are overbroad and general, and are not sufficiently grounded in the particular circumstances of a concrete scenario, and therefore cannot be viewed as authoritative.

• The memorandum concludes in part IV(A), pages 16-20, that the domestic deployment of the Armed Forces by the President to prevent and deter terrorism would fundamentally serve a military purpose, rather than a law enforcement purpose, and therefore the Posse Comitatus Act, 18 U.S.C. § 1385 (2000), would not apply to such operations. Although the “military purpose” doctrine is a reLI..estab1ished limitation on the applicability of the Posse Comitatus Act, the broad conclusion reached in part IV(A) of the 10123/01 Memorandum is far too general and divorced from specific facts and circumstances to be useful as an authoritative precedent of OLC.

• The memorandum, on pages 20-21, treats the Authorization for Use of Military Force (“AUMr’), enacted by Congress in the immediate wake of 9/11, Pub. L. No. 107-40, 115 Stat. 224 (Sept. 18, 2001), as a statutory exception to the Posse Comitatus Act’s restriction on the use of the military for domestic law enforcement. The better view, however, is that a reasonable and necessary use of military force taken under the authority of the AU!’4F would be a military action, potentially subject to the established “military purpose” doctrine, rather than a law enforcement action.

• The memorandum reasons, on pages 21-22, that in the aftermath of the 9/11 attacks, the Insurrection Act, 10 U.S.C. 333 (2000), would provide general authority for the President to deploy the military domestically to prevent and deter future terrorist attacks; whereas, consistent with the longstanding interpretation of the Executive Branch. any particular application of the Insurrection Act to authorize the use of the military for law enforcement purposes would require the presence of an actual obstruction of the execution of federal law or a breakdown in the ability of state authorities to protect federal rights.

For all of the foregoing reasons, we have concluded that appropriate caution should be exercised before relying in any respect on the 10/23/01 Memorandum as a precedent of OLC, and that the particular propositions identified above should not be treated as authoritative. We have advised the Counsel to the President, the Acting General Counsel of the Department of Defense, and appropriate offices within the Department of Justice of these conclusions.

Steven 0. Bradbury
Principal Deputy Assistant Attorney General

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Grinchie Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 06:33 PM
Response to Reply #36
50. I can't wait to see Fux News try to spin this is a good way.
Incredible!
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Maraya1969 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 08:21 PM
Response to Reply #36
66. Thanks. It's pretty obvious that they are trying to cover their asses with this one.
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Sivafae Donating Member (286 posts) Send PM | Profile | Ignore Tue Mar-03-09 01:53 PM
Response to Reply #36
117. Yeah, someone's trying to avoid jail. eom
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TahitiNut Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 08:50 PM
Response to Reply #29
71. MAKE NO MISTAKE -- That last memo says Bush COULD but Obama CANNOT
It is a blatant, bald-faced, and NAKED posturing, without even the thinnest disguise, that proclaims that their LEGAL OPINION applied ONLY to the Cheney/Bush regime and should, in no way, be interpreted to grant (or abdicate any possible opposition to) such authority to a President of another party.

It's the clumsiest and most Keystone Kop-like cover to pretend that only THEIR President has the powers they usurped.

It's fucking insane.
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IsItJustMe Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 10:13 PM
Response to Reply #71
82. Yes indeed. I think you hit the nail on the head. It looks to me that they were making sure that
Obama did not have the same unconstitutional powers that they gave Bush.
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tblue37 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 12:00 AM
Response to Reply #71
93. Like the Bush v. Gore SC decision--this case only; not
to be taken as a precedent.
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newtothegame Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 05:07 PM
Response to Original message
31. Nice!
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liberaltrucker Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 05:25 PM
Response to Original message
34. K&R
:fistbump:
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knixphan Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 05:45 PM
Response to Original message
37. good!
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Politicalboi Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 05:50 PM
Response to Original message
38. Tear down the Wall!
But this will make us unsafe. :scared: How can we handle the truth? Did you know Obama is a terrorist? LOL!

http://www.youtube.com/watch?v=tYKRWrxUCJw&feature=related
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vduhr Donating Member (481 posts) Send PM | Profile | Ignore Mon Mar-02-09 11:36 PM
Response to Reply #38
89. I love it!
You should hear the Repugs whining about the release of these memos over at comcast.net forums (predominently Repug forum). They sound exactly like this! Someone actually brought up the birth certificate thing again!!!! They're shaking in their boots! If you post anything about giving up freedom for security, they jump all over and attack. Phewwww! It's actually kind of funny to read their posts. And I won't even get into the spinning going on over there...wow!
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sonias Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 06:01 PM
Response to Original message
39. Shine the light in those dark corners of horror
I love my President!

:woohoo:


Sonia
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beac Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 06:07 PM
Response to Original message
40. K&R! n/t
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dcindian Donating Member (881 posts) Send PM | Profile | Ignore Mon Mar-02-09 06:11 PM
Response to Original message
42. Now that is some scary reading.
It is almost like looking into the mind of the insane, or perhaps even a republican.
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vduhr Donating Member (481 posts) Send PM | Profile | Ignore Mon Mar-02-09 11:40 PM
Response to Reply #42
90. Insane Republicans - redundant
Mind of the insane and Republicans are the same things.
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proReality Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 06:18 PM
Response to Original message
44. K&R n/t
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DUlover2909 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 06:20 PM
Response to Original message
45. Man oh man
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leftstreet Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 06:28 PM
Response to Original message
49. K&R
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DesertRat Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 06:42 PM
Response to Original message
52. Kick
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Tarc Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 06:52 PM
Response to Original message
54. "Well if Jack Bauer can do it, why can't we?"
I have no doubt that that was on Chimpy's mind.
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Optical.Catalyst Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 07:30 PM
Response to Original message
57. So how close did we get to Chimpy declaring himself dictator for life?
If it weren't for the Internet and discussion boards like DU, we could all be working for Bush and Cheney.
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I Have A Dream Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 08:01 AM
Response to Reply #57
102. Actually, I think that GWB was too lazy for that.
I think that his laziness and his ADD are the only things that saved us.

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myrna minx Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 07:37 PM
Response to Original message
58. K&R n/t
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L. Coyote Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 07:49 PM
Response to Original message
59. Error: You've already recommended that thread.
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DissedByBush Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 08:01 PM
Response to Original message
62. The short translation
You have rights unless we decide you don't have rights.
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TahitiNut Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 08:52 PM
Response to Reply #62
72. You forgot an essential part: "...but only WE, and no Democratic regime, have that power."
That's what they said in the last memo. :grr:

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L. Coyote Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 08:18 PM
Response to Original message
65. Authority for Use of Military Force to Combat Terrorist Activities within the United States (10-23-2
Edited on Mon Mar-02-09 08:22 PM by L. Coyote
Memorandum Regarding Authority for Use of Military Force to Combat Terrorist Activities within the United States (10-23-2001)

page 4 top

Military doing "more powerful and sophisticated" electronic surveillance!

Justified because Presidents have attacked the "Indian tribes and bands" in the past! Holy Shit!!! This is going to be a BOMB!
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Vincardog Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 08:30 PM
Response to Original message
67. Anyone not disgusted by the neo-Nazis is not paying attention.
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Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 08:33 PM
Response to Original message
68. Banana Republic nt
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peacetalksforall Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 08:36 PM
Response to Original message
69. This is our mission - deluge corporate tv and papers to make sure they don't bury this.
Edited on Mon Mar-02-09 08:43 PM by peacetalksforall
Haunt them. Grab on to them like a leech and don't let them get away with dropping this. And please don't forget the despicable partisan talk news division of NPR.

This is our chance to let this release of data take off so that even the evangelical who spends all of their time in church knows about it.

Stop any spin before it grabs hold.

Call Washington Journal. If they don't talk about it in the morning - call anyway and ask they when they are going to cover it.

Send the memo to your friends. Study it. They disavowed their legal authority. Please correct that wording if there is something more legal than 'disavowed their legal authority'?

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=102&topic_id=3763886&mesg_id=3764164

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LiberalPersona Donating Member (679 posts) Send PM | Profile | Ignore Mon Mar-02-09 08:37 PM
Response to Original message
70. I'm almost scared
to think what other things might be revealed through secret documents like this.
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Lint Head Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 08:56 PM
Response to Original message
73. These sons a bitches need to be in jail now!
Our country was taken over and run by criminals! I feel like I am screaming in the wilderness. I want to do something about this.
I have contacted every politician possible but it is doing no good. Releasing evidence and holding hearings is doing NOTHING.
These criminals need to be arrested and given a trial in a court of law a perscribed in the Constitution. The very Constitution that these criminals wiped their asses on.
:dem:
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barbtries Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 09:10 PM
Response to Original message
75. kicked and
bookmarked
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lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 09:12 PM
Response to Original message
76. Fucking freaks!
Edited on Mon Mar-02-09 09:13 PM by lonestarnot
#150 k & r!
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TankLV Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 09:24 PM
Response to Original message
77. Guillotine.
That's the only solution to these evil fucks...
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caseymoz Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 09:35 PM
Response to Original message
78. Pretty much no surprise here, that he was violating his oath of office

. . . after taking extended vacations. It just, again, confirms what liberals could see was obvious about him.

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diane in sf Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 09:41 PM
Response to Original message
80. Even then Bushco was covering its ass--they started spying before 9.11
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goforit Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 12:10 PM
Response to Reply #80
112. And even in their campaign against Gore before they hijacked the WH.
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Politicalboi Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 10:11 PM
Response to Original message
81. It's Obamanation
Edited on Mon Mar-02-09 10:22 PM by Politicalboi
According to the Freepers. Trying to make Bush look bad, shame on him. And Bush never would have used those orders anyway. LOL!

Look into the face of stupidity at it's finest.

http://www.freerepublic.com/focus/f-news/2197673/posts

These assholes have no idea what happened the last 8 years.

Where is Jack Bauer when you need him: From Freepers
Here's another

BTW, best bet on what you hear of that nature is to keep it to yourself ~ Obama has his people scouring FR every day trying to pick up every little tidbit.

The only sane one:
To: ronnyquest
I'm hearing an awful lot of people around here talking about solving this crisis with bullets.
That is an irresponsible idea and irresponsible talk.


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cooolandrew Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 10:52 PM
Response to Original message
83. This is the most brilliant thing about the Obama administration the candor. The truth really is >
ready to set us all free.
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Krashkopf Donating Member (965 posts) Send PM | Profile | Ignore Mon Mar-02-09 10:58 PM
Response to Original message
84. High Crimes and Misdemeanors
THIS is why IMPEACHMENT was necessary, and, why PROSECUTION is STILL necessary.

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Ztolkins Donating Member (39 posts) Send PM | Profile | Ignore Mon Mar-02-09 11:00 PM
Response to Original message
85. Why...
Would Obama make this public? I don't see the political significance of this move other than to show that the new administration is against it and is, perhaps, open to investigations. I would argue that it should be made public for the sake of being public, but that seems unlikely in Washington. Anyone open up some doors for me?
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Canuckistanian Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 11:22 PM
Response to Original message
87. So, can the prosecutions begin now?
What else is needed? Anyone?.... anyone?
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OnyxCollie Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-02-09 11:24 PM
Response to Original message
88. Can we build the gallows now?
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JDPriestly Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 12:41 AM
Response to Original message
96. Wow! They had set up the framework for a police state,
no less horrible than the British occupation before our Revolution, no less horrible than the NAZI and Fascist governments in their early years (before WWII started in earnest in 1940-41).
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FlyingSquirrel Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 01:01 AM
Response to Original message
98. ***** YAWN *****
(That's the collective sound you'll hear from the American Public, bless their little hearts.)
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Loudmxr Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 02:16 AM
Response to Original message
99. I was wrong. I thought Bush had all the powers of the 1933 Enabling Acts execpt...
Suppression of speech and of the press. MY BAD!! :smoke:
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Lochloosa Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 05:45 AM
Response to Original message
100. Skinner a request. Please pin this. It should not die in 24 hours.
Thanks.
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Harry Monroe Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 07:39 AM
Response to Original message
101. Yes, but what will be done about it?
Nothing probably. No prosecution whatsoever. This should be front page news in every newspaper in the country; today I find it buried as a small article in the first section of my newspaper. :banghead: :banghead: :banghead: :banghead: :banghead:
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bdamomma Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 08:15 AM
Response to Reply #101
103. The bush regime would have been runned out of the country
if they were in Europe they would have been finished. We all know that they are criminals what is wrong with those fools on the Hill.
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Alcibiades Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 08:27 AM
Response to Original message
106. That's change I can believe in
I want more!
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kmac3 Donating Member (251 posts) Send PM | Profile | Ignore Tue Mar-03-09 10:34 AM
Response to Original message
108. K & R . . . Keep this active . . . . .
:kick:

And while this is a hot subject . . . let's get rid of some of the Nazi sounding terms Dubya coined like HOMELAND SECURITY. I'm not even sure this is a needed agency but if so deemed surely there is better title for it. When referring to our country let say AMERICAN SOIL not HOMELAND.
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SlowDownFast Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 11:09 AM
Response to Original message
109. Kicked and Rec'd. n/t
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Luminous Animal Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 11:59 AM
Response to Original message
110. I find no comfort in the release of these documents...
Given that Obama's DOJ continues to stymie legal efforts to bring the lawbreakers to justice.

The Bush administration didn't merely write these extraconstitional laws. They acted on them. The NSA, an arm of the U.S. military, spied on U.S. citizens. That is, the Bush administration deployed the U.S. military against U.S. citizens when it ordered the NSA to conduct wiretaps unrestrained by the 4th Amendment.

Meanwhile Obama's DOJ is blocking efforts to challenge Bush's and the NSA's illegal spying activities.

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Turborama Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 01:04 PM
Response to Original message
114. "Sunshine is the strongest disinfectant" K&R
Edited on Tue Mar-03-09 01:05 PM by Turborama

:kick:
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vduhr Donating Member (481 posts) Send PM | Profile | Ignore Tue Mar-03-09 01:08 PM
Response to Original message
115. Hah!
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chill_wind Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 02:17 PM
Response to Original message
118. And just the tip of the iceberg.
"Where are The Other Memos?"

http://emptywheel.firedoglake.com/2009/03/03/where-are-the-other-memos/#more-3728

Many more yet to come, let us hope.
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scytherius Donating Member (576 posts) Send PM | Profile | Ignore Tue Mar-03-09 03:41 PM
Response to Original message
119. I've always said this is how Obama is gonna do it. hope I'm right
1. He says "let's look to the future and forget the past", or something similar.

2. he leaks information about Bush abuses.

3. the AG says "we really want to look ahead, but these violations are just too egregious to ignore.

And away we go!
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and-justice-for-all Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-03-09 05:25 PM
Response to Original message
121. kick
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