This is not some lawless Third World country or dusty fictional outback from a sci-fi movie but the United States of America, as described in a series of newly released Justice Department memos from the early years of the Bush administration.
Some of the ideas in these memos, authored by lawyers in the Justice Department's elite Office of Legal Counsel, have been known for some time, and later iterations of the Bush Justice Department repudiated many of the principles the memos espouse. What their public disclosure this week makes clear is how intellectually dishonest Bush-era lawyers were in coming to these preposterous conclusions.
Many of the memos conflate and distort existing statutes and case law to give Mr. Bush the answers he wants. For example, a Sept. 25, 2001, memo concludes that law enforcement officers need not obtain search warrants to conduct intelligence operations inside the country. The legal reasoning: Foreign intelligence constitutes "national self-defense." In other contexts, courts have ruled that the use of deadly force in self-defense is justifiable under the Fourth Amendment. Therefore, the memo concludes, "if the government's heightened interest in self-defense justifies the use of deadly force, then it also certainly would justify warrantless searches." Never mind that Congress specifically passed the Foreign Intelligence Surveillance Act in the 1970s to forbid such warrantless searches.