Source:
Washington PostPost-9/11 Memos Show More Bush-Era Legal Errors
By R. Jeffrey Smith and Dan Eggen
Washington Post Staff Writers
Tuesday, March 3, 2009; Page A05
The number of major legal errors committed by Bush administration lawyers during the formulation of its early counterterrorism policies was far greater than previously known, according to internal Bush administration documents released for the first time by the Justice Department yesterday.
Those policies were based on at least 10 legal opinions conferring broad powers on the president that the Justice Department later deemed flawed and ordered withdrawn, including several approving the military's search, detention or trial of civilians in the United States without congressional input, according to the documents.
While the Bush administration had previously acknowledged rescinding two of those memos -- authorizing the infliction of pain and suffering on detainees and claiming unquestioned authority to interrogate suspects outside the United States -- the government's eventual repudiation or rewrite of the eight other early legal memos was secret until now.
In one of the newly disclosed opinions, Justice Department appointee John Yoo argued that constitutional provisions ensuring free speech and barring warrantless searches could be disregarded by the president in wartime, allowing troops to storm a building if they suspected terrorists might be inside. In another, the department asserted that detainees could be transferred to countries known to commit human rights abuses so long as U.S. officials did not intentionally seek their torture.
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http://www.washingtonpost.com/wp-dyn/content/article/2009/03/02/AR2009030202906.html