constitution

The Justice Department secretly authorized President George Bush to use the military inside the United States to snoop on, raid and even kill citizens in order to fight terrorism without regard to the Fourth or Fifth Amendment, according to a Oct 23, 2001 memo released by the Obama Administration Monday.

"We do not think a military commander carrying out a raid on a terrorist cell would be required to demonstrate probable cause or to obtain a warrant," the Office of Legal Counsel memo said. "We think that the better view is that the Fourth Amendment does not apply to domestic military operations designed to deter and prevent future terrorist attacks."

Department of Justice special counsel Robert Delahunty and John Yoo, a deputy assistant attorney general best known for penning a memo authorizing government agents to torture suspected terrorists, issued the memo after the administration asked whether it could use the military inside the United States.

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The memo found that the military could be deployed widely within the United States without being subject to the limits of the Constitution and the Bill of Rights. Those actions include using the National Security Agency to spy on communications inside the United States without getting court approval -- as the Bush Administration admitted it did for years.

So really, what is the constitution for then?

And didn't Bush on September 26, 2006, push for Congress to revise the laws so the military could seize control immediately after a natural disaster due to Hurricane Katrina? How is it that the Bush administration thought the Posse Comitatus Act would bar the government from rescuing flooded citizens from the roofs of their houses but would totally OK arresting terrorists?

A federal judge has ordered a criminal defendant to decrypt his hard drive by typing in his PGP passphrase so prosecutors can view the unencrypted files, a ruling that raises serious concerns about self-incrimination in an electronic age.

In an abrupt reversal, U.S. District Judge William Sessions in Vermont ruled that Sebastien Boucher, who a border guard claims had child porn on his Alienware laptop, does not have a Fifth Amendment right to keep the files encrypted.

The Fifth Amendment says nobody can be "compelled in any criminal case to be a witness against himself," which Magistrate Judge Jerome Niedermeier ruled in November 2007 prevented Boucher from being forced to divulge his passphrase to prosecutors.

Originally, the U.S. Department of Justice asked the magistrate judge to enforce a subpoena requiring Boucher to turn over "passwords used or associated with" the computer. In their appeal to Sessions, prosecutors narrowed their request and said they only want Boucher to decrypt the contents of his hard drive before the grand jury, apparently by typing in his passphrase in front of them.

At issue in this case is whether forcing Boucher to type in that PGP passphrase--which would be shielded from and remain unknown to the government--is "testimonial," meaning that it triggers Fifth Amendment protections. The counterargument is that since defendants can be compelled to turn over a key to a safe filled with incriminating documents, or provide fingerprints, blood samples, or voice recordings, unlocking a partially-encrypted hard drive is no different.

On Fox News Sunday today, host Chris Wallace asked Vice President Cheney, "if the President, during war, decides to do something to protect the country, is it legal?" "I think as a general proposition, I'd say yes," replied Cheney.

Cheney went on to defend the administration's actions over the past eight years:

CHENEY: There are bound to be debates and arguments from time to time and wrestling back and forth about what kinds of authority is appropriate in any specific circumstances, but I think that what we've done has been totally consistent with what the Constitution provides for.

The founding fathers of the United States were not interested in giving constitutional rights to corporations. In fact, they wanted to regulate corporations very tightly because they had had bad experiences with corporations during colonial times. The crown charter corporations like the East India Company and the Hudson Bay Company had been the rulers of America. So when the constitution was written, corporations were left out of the Constitution. Responsibility for corporate chartering was given to the states. State governance was closer to the people and would enable them to keep an eye on corporations.

The California Supreme Court ruled today that same-sex couples should be permitted to marry, rejecting state marriage laws as discriminatory.

The state high court's 4-3 ruling was unlikely to end the debate over gay matrimony in California. A group has circulated petitions for a November ballot initiative that would amend the state Constitution to block same-sex marriage, while the Legislature has twice passed bills to authorize gay marriage. Gov. Arnold Schwarzenegger vetoed both.

The long-awaited court opinion, written by Chief Justice Ronald M. George, stemmed from San Francisco's highly publicized same-sex weddings, which in 2004 helped spur a conservative backlash in a presidential election year and a national dialogue over gay rights.

Local mirror of CA Supreme Court's Decision Overturning Gay Marriage Ban As Unconstitutional

A federal judge in Vermont has ruled that prosecutors can't force a criminal defendant accused of having illegal images on his hard drive to divulge his PGP (Pretty Good Privacy) passphrase.

U.S. Magistrate Judge Jerome Niedermeier ruled that a man charged with transporting child pornography on his laptop across the Canadian border has a Fifth Amendment right not to turn over the passphrase to prosecutors. The Fifth Amendment protects the right to avoid self-incrimination.

Local mirror of ruling that one cannot be forced to give up one's encryption passphrase

Ruling in a case of four Britons who formerly were detainees at Guantanamo Bay, Cuba, the D.C. Circuit Court decided Friday that the prisoners have no right to sue top Pentagon officials and military officers for allegedly torturing them and defiling their religious beliefs while they were held at the military prison. The Court applied several different legal theories in rejecting all of the claims of abuse and arbitrary imprisonment, but the end result was that there was nothing left of the detainees' legal challenge.

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U.S. District Judge Ricardo M. Urbina threw out all of the claims except that under the religious freedom law, concluding that those allegations could go forward because the Act did apply to the detainees at Guantanamo because of the scope of U.S. control of the military base and prison there, and because the detainees there were "persons" under the Act.

According to a document that was one of many declassified [PDF] by The State Department yesterday, "Former FBI Director J. Edgar Hoover had a plan to suspend the rules against illegal detention and arrest up to 12,000 Americans he suspected of being disloyal....The plan called for the FBI to apprehend all potentially dangerous individuals whose names were on a list Hoover had been compiling for years. 'The index now contains approximately twelve thousand individuals, of which approximately ninety-seven percent are citizens of the United States,' Hoover wrote in the now-declassified document. ‘In order to make effective these apprehensions, the proclamation suspends the writ of habeas corpus.'"

Local mirror of declassified document in which Hoover planned to suspend habeas corpus and arrest thousands

Houston police started testing unmanned aircraft and the event was shrouded in secrecy, but it was captured on tape by Local 2 Investigates.

Neighbors in rural Waller County said they thought a top-secret military venture was under way among the farmland and ranches, some 70 miles northwest of Houston. KPRC Local 2 Investigates had four hidden cameras aimed at a row of mysterious black trucks. Satellite dishes and a swirling radar added to the neighbors' suspense.

Then, cameras were rolling as an unmanned aircraft was launched into the sky and operated by remote control.

Houston police cars were surrounding the land with a roadblock in place to check each of the dignitaries arriving for the invitation-only event. The invitation spelled out, "NO MEDIA ALLOWED."

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South Texas College of Law professor Rocky Rhodes, who teaches the constitution and privacy issues, said, "One issue is going to be law enforcement using this and when, by using these drones, are they conducting a search in which they'd need probable cause or a warrant. If the drones are being used to get into private spaces and be able to view where the government cannot otherwise go, and to collect information that would not otherwise be able to collect, that's concerning to me."

Hundreds of lawyers took to the streets again in the eastern city of Lahore and in Multan, about 200 miles to the southwest of Lahore. The police arrested scores of protesters, and more than 100 lawyers were injured in street battles.

In interviews on Tuesday, a day after hundreds were tear-gassed, beaten and rounded up by the police, the lawyers said they had taken to the streets because they felt that Pakistan's first taste of judicial independence was being snatched away.