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Yoos whole theory seems to revolve around the idea that the President can override any law at any time, essentially that the US President is a Dictator.
Prosecutions under the War Crimes Act for violations in Iraq do not need to challenge the legality of "opting out of the Geneva Conventions," as would be the case for Afghanistan war detainees.
In addition to abolishing habeas corpus, the 2006 Military Commissions Act (.pdf) "insulated government officials from liability for many of the violations of the War Crimes Act they might have committed during the period prior to 2006," as Yale Law Professor Jack Balkin put it.
In the aftermath of the 9/11 attacks, the Justice Department secretly gave the green light for the U.S. military to attack apartment buildings and office complexes inside the United States, deploy high-tech surveillance against U.S. citizens and potentially suspend First Amendment freedom-of-the-press rights in order to combat the terror threat, according to a memo released Monday.