THE PRESIDENT'S CONSTITUTIONAL AUTHORITY TO CONDUCT MILITARY OPERATIONS AGAINST TERRORISTS AND NATIONS SUPPORTING THEM This is the September 25, 2001 John Yoo memo referenced in this week's Isikoff/Klaidman/Hirsch piece. In case it drives anybody else crazy to read a reference to something "quietly posted on an obscure government Web site," that doesn't include a link.

Really - having written on presidential war power myself long, long ago in a galaxy far, far away - there's nothing particularly outre in Yoo's interpretation of federal constitutional law. (Although - like Alberto Gonzales' death penalty recommendations to then-Gov.Bush - he does fail to refer to authorities that detract from his position. It's more an argumentative brief than a considered memorandum.) What's more telling, and recalls the more famous "torture memo," is the absence of any suggestion that international law might place any limit on the war power.


Happy holidays, everyone. Peace.