Just two weeks after 9/11, a then-little-known Bush Justice Department official named John Yoo penned a memo with a stunningly broad conclusion. Congress, Yoo declared, may not "place any limits on the President's determinations as to any terrorist threat, the amount of military force to be
used in response, or the method, timing, and nature of the response. These decisions, under our Constitution, are for the President alone to make."
Interesting to note that Mr. Woo was interviewed on NPR's ATC 2 weeks ago and said that when he penned this recommendation and then explained it to the president, he was clear in saying it does not put "you" above the law, but allows the president to make quick, key decisions when needed. He also said that congress still does retain control because they can choose to not fund whatever the president is trying to do. He seemed surprised that the president's staff was able to justify the NSA phone spying based on his recommendation. Take it with a grain of salt...
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