THE GOAL OF the Bush administration after Sept. 11, 2001, was simple and clear: Protect the country from another devastating attack. But in its quest to counter unprecedented threats, the White House deliberately avoided seeking the advice of Congress -- and even that of some of its own top officials -- for fear of encountering opposition to novel or aggressive tactics. This go-it-alone approach led to the proliferation of dubious legal theories that authorized activities such as the warrantless surveillance of U.S. citizens and the torture of suspected terrorists. Perhaps the most infuriating aspect of the strategy was that it was largely unnecessary and ultimately counterproductive.
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