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Subject: [IP] The 'other' OLC memo - the 4th Amendment doesn't apply in the US.


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From: eackerma@gmail.com [eackerma@gmail.com] On Behalf Of Ethan Ackerman [eackerma@u.washington.edu]
Sent: Thursday, April 03, 2008 5:06 PM
To: David Farber
Subject: The 'other' OLC memo - the 4th Amendment doesn't apply in the US.

Greetings Dave,
There's been a significant bit of press lately around the 'torture'
memo authored by the Office of Legal Counsel at the DoJ, but some
important FOIA work by Jameel Jaffer and others at the ACLU has
identified at least one other equally troubling bit of legal guidance
from that office.

Apparently, in Oct. 2001, that office drafted an opinion (in effect
for at least 16 months) directing that 4th Amendment constraints on
searches and seizures did not apply to military actions on US soil.
The specifics of the memo are not known, as it is still classified,
but it was acknowledged by the White House and was described in other
opinions that were released. The White House has stressed that the
opinion is no longer in effect.

Coverage -
http://online.wsj.com/article/SB120719428053885709.html?mod=googlenews_wsj

http://ap.google.com/article/ALeqM5hJKgeE0Z-SivATjok-utYBdh9wDwD8VQ1U0G0

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