Opinion | New Documents Reveal Just How Much 'Emergency Power' the US Government Thinks It Might Have

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'Bush-era records released under the Freedom of Information Act raise concerns about the powers presidents might claim during crises, from suspending habeas corpus to implementing an internet kill switch.'

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In 2004, high-rank­ing staffers in the George W. Bush admin­is­tra­tion spear­headed a holistic review of the pres­id­ent's emer­gency powers. Their goal was to refresh a set of secret plans known as"pres­id­en­tial emer­gency action docu­ments," or PEADs, the continu­ity-of-govern­ment play­book that emerged under Pres­id­ent Dwight Eisen­hower as a response to the threat of nuclear war.

Those docu­ments had been revised previ­ously, but they took on new signi­fic­ance in the wake of 9/11. Their review was, as one Bush offi­cialIn response to Free­dom of Inform­a­tion Act , the George W. Bush Pres­id­en­tial Library turned over to the Bren­nan Center more than 500 pages gener­ated during this review and subsequent reviews in 2006 and 2008.

Beyond that period, however, our know­ledge of PEADs' content fades. We have been left to wonder whether exist­ing docu­ments still green-light the viol­a­tion of Amer­ic­ans' consti­tu­tional rights and civil liber­ties, or if modern sens­ib­il­it­ies and under­stand­ings of the law have moder­ated their approach.

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