2001 Memo Reveals Push For Broader Presidential Powers

Although it makes no reference to Saddam Hussein’s government, the 15-page memo also seems to lay a legal groundwork for the president to invade Iraq—without approval of Congress—long before the White House had publicly expressed any intent to do so. “The President may deploy military force preemptively against terrorist organizations or the States that harbor or support them, whether or not they can be linked to the specific terrorist incidents of Sept. 11,” the memo states.

The existence of the memo, titled “The President’s Constitutional Authority to Conduct Military Operations against Terrorists and Nations Supporting Them,” was first reported by NEWSWEEK in the fall of 2001. But its contents—including the conclusion that Bush could order attacks against countries unrelated to the 9/11 attacks—were not publicly available until late this week when, with no notice to the public or the news media, the memo was posted on an obscure portion of the Web site of the Justice Department’s Office of Legal Counsel.

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