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Did We Just Get the Fourth Amendment Back for Christmas?
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You are herecontent / Did We Just Get the Fourth Amendment Back for Christmas?
This ostensibly gave the Bush administration cover of innocence, but the administration surely knew that what Yoo had written and said was bullshit. It provided the administration "plausible" denial, a common feature of these war making and imperialist administrations; arranging to commit crimes under covers that permit the administrations to claim innocence before the public.
I believe the administration deliberately violated the law, iow. The Congress surely also knew that the administration was violating law. Some members of Congress may've possibly been too dumb to realize that this was breach of law, but surely enough members knew.
At least John Yoo's been considerably contested by some of his DoJ successors and IG, and it's a good article, providing some interesting legal information.