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Administration Asserts No Fourth Amendment for Domestic Military Operations

July 31st, 2008 . by Michael Ostrolenk

Posted by Kurt Opsahl (EFF Blog)

Today’s Washington Post reports on a newly released memo, “Memorandum for William J. Haynes II, General Counsel of the Department of Defense Re: Military Interrogation of Alien Unlawful Combatants Held Outside the United States” (March 14, 2003) , which which was declassified and released publicly yesterday. Balkinization has commentary on the very troubling opinion.

While the newly released memo focuses on “asserting that federal laws prohibiting assault, maiming and other crimes did not apply to military interrogators,” it contains a footnote referencing another Administration memo that caught our eye:

… our Office recently concluded that the Fourth Amendment had no application to domestic military operations. See Memorandum for Alberto R. Gonzales, Counsel to the President, and William J. Haynes, II, General Counsel, Department of Defense, from John C. Yoo, Deputy Assistant Attorney General and Robert J. Delahunty, Special Counsel, Re: Authority for Use of Military Force to Combat Terrorist Activities Within the United States at 25 (Oct 23, 2001). (emphasis added)

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Today at DHS - Thursday, July 31

July 31st, 2008 . by HSLEADER

8:45 AM EDT Chief Privacy Officer Hugo Teufel III will participate in a panel discussion on privacy and civil liberties at the Homeland Defense Journal’s Fusion Center Conference (Washington, DC).

1:30 PM EDT The Science and Technology Directorate’s Office of National Laboratories will hold a public comment hearing on the Draft Environmental Impact Study for the proposed National Bio and Agro-Defense Facility (Manhattan, KS).

1:30 PM MDT U.S. Citizenship and Immigration Service Acting Director Jonathan Scharfen will provide remarks at a naturalization ceremony for 200 new citizens (Denver, CO).

7:00 PM EDT The Science and Technology Directorate’s Office of National Laboratories will hold a public comment hearing on the Draft Environmental Impact Study for the proposed National Bio and Agro-Defense Facility (Manhattan, KS).

Today at DHS - Wednesday, July 30th

July 30th, 2008 . by HSLEADER

8:00 AM EDT  Assistant Secretary for Cyber Security and Communications Greg Garcia will address the Critical Infrastructure Partnership Advisory Council 2008 Plenary Session with updates on sector progress and the challenges ahead (Washington, DC).

11:45 AM EDT  USCG Commandant Admiral Thad Allen will deliver remarks on the Coast Guard’s role in maritime homeland security at the Transportation Security Administration and Federal Bureau of Investigation’s Terrorism and Transportation Conference (New York, NY).

12:00 PM EDT  Federal Emergency Management Agency Deputy Administrator Admiral Harvey Johnson and Disaster Assistance Directorate Deputy Assistant Administrator Dave Garratt will testify before the House Homeland Security Committee, Subcommittee on Management, Investigations, and Oversight on planning for post-catastrophic housing needs (562 Dirksen Senate Office Building).

Justice Department violated federal hiring laws

July 29th, 2008 . by Michael Ostrolenk

From Capital Hill Blue

The Justice Department under former Attorney General Alberto Gonzales routinely violated federal hiring laws by using politics, sexual preference and other illegal criteria to replace qualifications, an internal report concludes.

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Today at DHS - Thursday, July 23

July 24th, 2008 . by HSLEADER

dhs.jpg8:30 AM EDT  Under Secretary for Science and Technology Jay M. Cohen will deliver remarks at the Implementing Privacy Protections in Government Data Mining Workshop (Washington, DC).10:00 AM EDT  Transportation Security Administration Administrator Kip Hawley will testify before the House Transportation and Infrastructure Committee, Subcommittee on Aviation on aviation security (2167 Rayburn House Office Building).

Today at DHS - Wednesday, July 23

July 23rd, 2008 . by HSLEADER

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10:00 AM EDT  Under Secretary for Intelligence and Analysis Charles Allen will testify before the Senate Homeland Security and Government Affairs Committee on information sharing (342 Dirksen Senate Office Building).

11:30 AM EDT  U.S. Coast Guard Commandant Admiral Thad W. Allen will deliver remarks at the National Naval Officers Association Conference (Portsmouth, VA).

Today at DHS - Tuesday, July 22

July 22nd, 2008 . by HSLEADER

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10:30 AM EDT  Office of Health Affairs Assistant Secretary Jeffrey Runge and Operations Coordination Principle Federal Officer George Naccara will testify before the House Committee on Homeland Security, Subcommittee on Emerging Threats, Cybersecurity and Science and Technology on emerging cyber threats and public health preparedness (Rhode Island State House, Providence, RI).

12:00 PM CDT  Assistant Secretary for Intergovernmental Programs Anne Petera will deliver remarks on department transition planning during the Homeland Security and Emergency Management Task Force at the National Conference for State Legislatures Annual Conference (New Orleans, LA).

12:30 PM EDT  Transportation Security Administration Administrator Kip Hawley will deliver the keynote address at the AeroClub of Washington monthly luncheon series (Washington, DC).

2:00 PM EDT  Transportation Security Administration Deputy Administrator Gale Rossides will testify before the Senate Homeland Security and Governmental Affairs, Subcommittee on the Federal Workforce on pay for performance systems in the federal government (340 Dirksen Senate Office Building).

3:30 PM PDT  Assistant Secretary of the Private Sector Office Al Martinez-Fonts will participate in a roundtable discussion on initiatives allowing critical infrastructure stakeholders to share information and create a more disaster resilient region at the Pacific Northwest Economic Region 18th Annual Summit (Vancouver, British Columbia).

3:30 PM EDT  Chief Privacy Officer Hugo Teufel III will deliver remarks at the Advance Learning Institute’s 2008 Biometrics for Government Conference on the importance of privacy in biometrics applications (Washington, DC).

Today at DHS - Monday, July 21

July 21st, 2008 . by HSLEADER

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7:00 PM MDT  Federal Law Enforcement Training Center Director Connie Patrick will be delivering the opening remarks at the National Law Enforcement Exploring Conference (Denver, CO).

Today at DHS - Friday, July 18

July 18th, 2008 . by HSLEADER

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No Public Events Announced

Today at DHS - Thursday, July 17

July 17th, 2008 . by HSLEADER

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10:00 AM EDT  Secretary Chertoff will testify before the U.S. House Homeland Security Committee at a hearing on border security (311 Cannon House Office Building).

2:30 PM EDT  Federal Emergency Management Agency Deputy Administrator Harvey Johnson will testify before the Senate Homeland Security and Governmental Affairs Committee Subcommittee on Disaster Recovery in a hearing on FEMA’s disaster response (342 Dirksen Senate Office Building).

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