Thanks to Phillip Carter for bringing this little tidbit from John Yoo's infamous "torture memo" to our attention:
"Indeed, drawing in part on the reasoning of Verdugo-Urquidez, as well as the Supreme Court's treatment of the destruction of property for military necessity, our Office recently concluded that the Fourth Amendment had no application to domestic military operations. See Memorandum for Alberto R. Gonzales, Counsel to the President, and William J. Haynes II, General Counsel, Department of Defense, from John C. Yoo, Deputy Assistant Attorney General, and Robert J. Delahunty, Special Counsel, Re: Authority for Use of Military Force to Combat Terrorist Activities Within the United States at 25 (Oct. 23, 2001)."
Since we have been repeatedly told that America is on a permanent war footing, and since Congress has made it easy for the President to use the military for domestic purposes it seems clear that any President can suspend the Fourth Amendment at almost any time. I wonder what other sections of the bill of rights are non-applicable during "domestic military operations?" The First... the Second....the Fifth?
