A memo that was released yesterday demonstrates that John Yoo had another of his "opinions" after 9/11 that various unpleasant things done to prisoners by the military are just hunky-dory. You know, "assault, maiming, and other crimes." This in itself isn't a huge surprise since we've heard that before, but a note in the memo (and where else but Washington is an 81 page document a "memo"?) alludes to another memo in the following disturbing way

... 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). (emphasis added)

This earlier memo has not been released, but once again we see that the Bush Administration is pushing the concept of Executive Power much farther than any of us would have thought possible. This may clarify the issue of the Administration continuing to claim that they have not illegally wiretapped anyone - the laws just didn't apply in this case. It can't be illegal when there are no laws.

Which raises the question in my mind - if this isn't "High Crimes and Misdemeanors" what is?

Several members of congress have asked to see the memo alluded to in this footnote. We'll see what happens.  More later.

Thanks to the Electronic Freedom Foundation for this information. The recently declassified memo is attached below.