Sunday, April 13, 2008

The Unitary Executive Continues...

In the latest installment of the long running dispute concerning the extent of executive power during a time of war--or the extent of the "commander in chief" powers--a memo has surfaced articulating that argument.

It's author--John Yoo--focuses primarily on torture and states that all but a handful of techniques the "shock the conscience" are not only permissible but are contained within the inherent powers of the president and are beyond the ability of Congress to restrict.

At that time Yoo was a Justice Department official, but the Justice Department itself retreated from the position, which apparently was not accepted by military lawyers either. Democrats in the Senate have been responsible for making the memo public.

Here is a link to the memo part one, and part two.