Secret Bush Anti-Terror Memos Revealed

Former President Expanded Powers To Spy, Use Military Domestically; Most Legal Conclusions Later Abandoned

(CBS/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.

An October 2001 memo by the Justice Department's John Yoo authorized the use of the U.S. military within the United States in combating terrorists. Yoo defined the 9/11 attacks as "war" and therefore concluded the President could employ the military domestically in a "military action" rather than a police action. Under Posse Comitatus Act, the American armed forces are forbidden from operating domestically, CBS News reports.

A March 2003 memo gave the President broad powers to transfer captured al Qaeda and Taliban prisoners to third countries. It also stipulated that the torture provisions of the Geneva Convention did not apply, because these prisoners were "non state" enemy combatants and therefore not entitled to Geneva protections. The memo also made it clear the U.S. should not agree to knowingly send prisoners to countries where they may be tortured, but essentially said the U.S. could not be liable for torture if it happened after the transfer, CBS News reports.

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.

The new administration pledged on Monday to begin turning over documents related to the videos to a federal judge and to make as much information public as possible.

The legal memos written by the Bush administration's Office of Legal Counsel show a government grappling with how to wage war on terrorism in a fast-changing world. The conclusion, reiterated in page after page of documents, was that the president had broad authority to set aside constitutional rights.

Fourth Amendment protections against unwarranted search and seizure, for instance, did not apply in the United States as long as the president was combatting terrorism, the Justice Department said in an Oct. 23, 2001, memo.

"First Amendment speech and press rights may also be subordinated to the overriding need to wage war successfully," Deputy Assistant Attorney General John Yoo wrote, adding later: "The current campaign against terrorism may require even broader exercises of federal power domestically."

On Sept. 25, 2001, Yoo discussed possible changes to the laws governing wiretaps for intelligence gathering. In that memo, he said the government's interest in keeping the nation safe following the terrorist attacks might justify warrantless searches.

That memo did not specifically attempt to justify the government's warrantless wiretapping program, but it provided part of the foundation.

Yoo, now a professor at the University of California at Berkeley School of Law, did not return messages seeking comment. Former Attorney General Alberto Gonzales, who served as White House counsel when many of the memos were written, did not immediately respond to a request for comment made through his attorney.

The memos reflected a belief within the Bush administration that the president had broad powers that could not be checked by Congress or the courts. That stance, in one form or another, became the foundation for many policies: holding detainees at Guantanamo Bay, eavesdropping on U.S. citizens without warrants, using tough new CIA interrogation tactics and locking U.S. citizens in military brigs without charges.

Obama has pledged to close the Guantanamo Bay prison within a year. He halted the CIA's intensive interrogation program. And last week, prosecutors moved the terrorism case against U.S. resident Ali Al-Marri, a suspected al Qaeda sleeper agent held in a military brig, to a civilian courthouse.

A criminal prosecutor is wrapping up an investigation of the destruction of the tapes of interrogations.

Monday's acknowledgment of videotape destruction, however, involved a civil lawsuit filed in New York by the American Civil Liberties Union.

"The CIA can now identify the number of videotapes that were destroyed," said the letter submitted in that case by Acting U.S. Attorney Lev Dassin. "Ninety-two videotapes were destroyed."

It is not clear what exactly was on the recordings. The government's letter cites interrogation videos, but the lawsuit against the Defense Department also seeks records related to treatment of detainees, any deaths of detainees and the CIA's sending of suspects overseas, known as "extraordinary rendition."

At the White House, press secretary Robert Gibbs told reporters he hadn't spoken to the president about the report, but he called the news about the videotapes "sad" and said Obama was committed to ending torture while also protecting American values.

ACLU attorney Amrit Singh said the CIA should be held in contempt of court for holding back the information for so long.

"The large number of videotapes destroyed confirms that the agency engaged in a systematic attempt to hide evidence of its illegal interrogations and to evade the court's order," Singh said.

CIA spokesman George Little said the agency "has certainly cooperated with the Department of Justice investigation. If anyone thinks it's agency policy to impede the enforcement of American law, they simply don't know the facts."

The details of interrogations of terror suspects, and the existence of tapes documenting those sessions, have become the subject of long fights in a number of different court cases. In the trial of Sept. 11 conspirator Zacarias Moussaoui, prosecutors initially claimed no such recordings existed, then acknowledged after the trial was over that two videotapes and one audiotape had been made.

The Dassin letter, dated March 2 to Judge Alvin Hellerstein, says the CIA is now gathering more details for the lawsuit, including a list of the destroyed records, any secondary accounts that describe the destroyed contents and the identities of those who may have viewed or possessed the recordings before they were destroyed.

But the lawyers also note that some of that information may be classified, such as the names of CIA personnel who viewed the tapes.

The separate criminal investigation includes interrogations of al Qaeda lieutenant Abu Zubaydah and another top al Qaeda leader. Tapes of those interrogations were destroyed, in part, the Bush administration said, to protect the identities of the government questioners at a time the Justice Department was debating whether or not the tactics used during the interrogations were legal.

Former CIA director Michael Hayden acknowledged that waterboarding - simulated drowning - was used on three suspects, including the two whose interrogations were recorded.

John Durham, a senior career prosecutor in Connecticut, is leading the criminal investigation, out of Virginia, and had asked that he be given until the end of February to wrap up his work before requests for information in the civil lawsuit were dealt with.

[WakeYourself]

Bush is, and has always been, an idiot. He, Cheney and Rove have ripped this country a new one in ways that were very detrimental to the USA. It's good that he's out. Some might not like Obama for whatever reasons, but you can't deny he's proven to be a better President than any Bush could hope to be. But just because Bush is an imbecile doesn't mean that I'm going to assume the whole Republican party is that way.

To those of you who can't stop babbling Rush-isms about the "crazy Left" and knocking the Democratic party: Have you been blind to what is going on with the Republican partly lately? It's an open, seething wound thanks to Bush & Cheney. Get off the high horse and accept the fact that not all Democrats meet your wonky definition and not all Democrats are leftist crazies. Both sides screw up and your ultra-biased prejudice doesn't help.

Your stupid rants about the "left" just go to show that you are motivated by prejudice and not open to working as a team to solve the problems we ALL face. WAKE UP!

[bajajohn1]

Seems the Bush Administration classified the terrorists as "non-state sponsored enemy combatants' to create an exception to the anti-torture treaties. Interestingly, the Bush Administration called the military actions against terrorists as 'The War on Terror". Yet throughout the arduos history of the anti-terror campaign, the President, VP and others have cited state-sanctioned terrorist activites within their borders; those activities were aimed at Allied Forces. This legal exception created by the Bush administration is quite narrow and may not meet muster under legal scrutiny as upholding treaty obligations.

So, one is left with the impression that War was declared against terrorists and War and the treatment of war prisoners is what the Geneva Convention decided to manage. Among those provisions are those dealing with forbidding torture. Prosecutions may be forthcoming. Put your political hats in your back pockets on this one.

[WakeYourself]

aheadace - Go back to school. Your spelling is atrocious!

[WakeYourself]

singinrick09 - Your comment is ironic... it is BECAUSE OF RELIGION that humanity has suffered the throes of war, torture, genocide, and untold atrocities. Wake up.

[singinrick09]

I only ask that they live together, in peace.
posted by searingtruth

-And that will not happen as long as people reject Christ. The Quran calls for muslims to kill Jews, as does their Hadith. It also calls for allah to "destroy Christians and Jews".

It's not my problem you can't read the fine print.

Read the Gospels and find a place that tells us to kill people who won't submit to our beliefs.

You'll find the exact opposite, which is love your enemies, love the LORD thy God with all you heart.

Jesus Christ is the Prince of Peace.

No Jesus = No Peace
Know Jesus = Know Peace

[bradkt1]

These people just ignored the constitutional, treaty and other legal obligations of the United States. Former White House Counsel John Dean said it correctely last night...they wanted to achieve a particular result and then dressed it up in legalese to achieve it. The view expressed in the Justice Department memos that pronounced sweeping powers of the President to just ignore the constitutional rights of AMERICAN citizens was explicitly rejected by the Supreme Court in the decision Ex Parte Milligan after Abraham Lincoln did so during the Civil War. Just because some lawyers wrote some self-serving memos doesn't make it legal. Ler's not forget history. Remember, the Watergate scandal primarily involved lawyers breaking the law.

[promaclaura]

LOL Now that's funny! You are joking aren't you? I mean after all we've seen more transparency and open government in the last month and a half than we saw in the entire 8 years of Bush and the Republican's. Now added to that the reality that Obama has done what the people sent him to Washington to do and you've got a leader. Something we did not have for 8 years.
Posted by skyk-2009 at 6:48 AM : Mar 3, 2009

Yes, Barack is an "open" book with what he intends, but he throws scraps of meat to the "Bush Haters" to satisfy their lust first. Smoke and mirrors, get them revved up about Rush and spend their money while the distraction lasts. A true leader would not use Bush or Rush to prop himself up and appear above it all. Continue to ignore the good cop/bad cop techniques used by the Obama administration as you live in your transparency world. The only change Barack meant is "himself" because he's surrounded himself with Washington "old hat".

[skyk-2009]

losers (like tj217) dwell on the past....winners step up and look to the future
Posted by jwind1 at 6:26 AM : Mar 3, 2009

True but you can't progress into the future until and unless you know where the problem is. Sure we won the election and sure we are looking to the future, to changing the course of the nation, to doing away with Supply Side Economics, to restoring the DOJ to the position it was before Bush... all those things and more are in the works. We need to understand what was wrong though, what got us into the horrible situation to begin with.

[skyk-2009]

johndevinejr, I think that definition fits the current administration as well. "severe economic and social regimentation", is something I deem as more "Obama-like".
Posted by promaclaura at 6:17 AM : Mar 3, 2009

LOL Now that's funny! You are joking aren't you? I mean after all we've seen more transparency and open government in the last month and a half than we saw in the entire 8 years of Bush and the Republican's. Now added to that the reality that Obama has done what the people sent him to Washington to do and you've got a leader. Something we did not have for 8 years.

[skyk-2009]

wait until you get Obama's 23.1 trillion dollar bill....we will see who's crying then
Posted by rudedogrulz at 6:13 AM : Mar 3, 200

After Three Decades of Supply Side Economics and nothing but red ink, you use this. Has the word Hypocrite any meaning to you?

[skyk-2009]

thief? your savior is turning this country into a 3rd world muslim (he is a muslim) country with his "as long as I have checks I have money" mentality...
Posted by rudedogrulz at 6:40 AM : Mar 3, 2009

Please! The New President hasn't been in office but a little over a month and you fools are trying this divide and conquer stuff. It's so old and ridiculous...why would anyone, today, even try it. The issue is not President Obama. The Issue is George W. Bush and the Republican Party. They were the worst, combined, this nation has ever had bar none.

[colt8881]

George W. Bush

I am a Crook and a Lier !

[eightsigma]

"All of that was necessary you liberals!!! Now it is not because of obvious reasons."

Amazing.

The powers of the President are defined by law and the Constitution. Not by what is "necessary". I suspect you would not be happy with the current President governing on the authority of what he deems "necessary".

[rharrin1]

sndkzyaa

Is this why you defend bush because of his intelligence?

"Too many good docs are getting out of the business. Too many OB-GYNs aren't able to practice their love with women all across this country." ?Poplar Bluff, Mo., Sept. 6, 2004

"Our enemies are innovative and resourceful, and so are we. They never stop thinking about new ways to harm our country and our people, and neither do we." ?Washington, D.C., Aug. 5, 2004

"There's an old saying in Tennessee ? I know it's in Texas, probably in Tennessee ? that says, fool me once, shame on ? shame on you. Fool me ? you can't get fooled again." ?Nashville, Tenn., Sept. 17, 2002

[promaclaura]

Main Entry: fas·cism
Pronunciation: \?fa-?shi-z?m also ?fa-?si-\
Function: noun
Etymology: Italian fascismo, from fascio bundle, fasces, group, from Latin fascis bundle & fasces fasces
Date: 1921
1often capitalized : a political philosophy, movement, or regime (as that of the Fascisti) that exalts nation and often race above the individual and that stands for a centralized autocratic government headed by a dictatorial leader, severe economic and social regimentation, and forcible suppression of opposition


johndevinejr, I think that definition fits the current administration as well. "severe economic and social regimentation", is something I deem as more "Obama-like".

[johndevinejr]

Posted by johndevinejr at 6:00 AM : Mar 3, 2009
****************************************************
BUSH IS NO LONGER PRESIDENT......get over it already will your getting ready to stand in the soupline


Posted by rudedogrulz at 6:04 AM : Mar 3, 2009


So you think that the effects of the incompetent buffoon George Bush will not last longer than 30 days? Are you that unrealistic?

There will likely be soup lines BECAUSE OF GEORGE BUSH and the republican party.

His legacy will be that of the worst President in the history of the United States. And you guys want to continue the policies that caused the problem.

Just get over it? I think not. As much as you would like to run and hide from the debacle created by BUSH AND THE REPUBLICAN PARTY it's not going to happen.

[johndevinejr]

and spending more money than you have putting the country into further bankruptcy is transparency?
Posted by rudedogrulz at 5:53 AM : Mar 3, 2009

Bush was handed a balanced budget and a budget surplus. Through reckless incompetence he squandered it.

Obama is following the steps that were taken to get us out of the 1st Depression.
Hopefully it will work on this, the Great George Bush Depression.

So far, republicans have made no proposals except tax cuts. And since we are already in the position where bridges have collapsed because of lack of maintenance I think we need to have the funds to fix the mess left by the incompetent and unAmerican republicans.

[johndevinejr]

Fascisim by everyone else on the planet
Posted by johndevinejr

Please oh please give me the definition for fascism. Because it's the Obama government that is taking over the private sector and centralizing control of industry in the White House.

Cap and Trade, Nationalization of Health Care, Federal take over of banking. etc...

Obama is bad for business .
Posted by vistavermin1 at 5:47 AM : Mar 3, 2009

Fascism is the Bush policy where government partners with business and defrauds the citizens.

The steps currently being taken by Obama are steps NOBODY wants! Of course you like to pretend that Bush didn't do EXACTLY the same thing.
But because of the extreme incompetence and recklessness of the Bush Administration it will take years to fix this.

I have been in business for 18 years. I always do well when Democrats are in power and not as well when republicans are in power. That is because republicans leave too little spending money for the vast majority of Americans and when that happens, the ecomomy grinds to a halt.


Like NOW

Just keep getting your thoughts from Rush and repeating them.

[omnibus66]

Bush claimed that these memos had to be kept secret because releasing them would absolutely destroy national security.

Run and hide everyone. The Muslims is coming! LOL

[johndevinejr]

how do you libs plan on paying back 23.1 trillion (projected not including another AIG ballout or new Surge in Afghanistan)...our grandchildren's children thank you very much
Posted by rudedogrulz at 5:41 AM : Mar 3, 2009

Surprisingly enough, at least to republicans, it will take more 6 weeks to fix the disasterous state that the Bush Administration left.

Of course, republicans are feverishly trying to rewrite history and blame the Bush deficit on Obama. That is standard operating procedure for republicans.


The republicans have proposed the following solutions:

Blame Carter
Blame Clinton
Blame Obama

Oppose everything
Propose nothing

Problem solved!

I am also pleased to see that the republicans have officially chosen Rush Limbaugh as their party leader by having Richard Steel kneel down and kiss rushes ring.

Rush is the embodiment of republican manhood: a drug addict, draft dodger and a pedophile!

Great leadership! I applaud the republican party for being willing to debase themselves in this manner. Really, really, excellent!