On June 27, 2002, Deputy Assistant Attorney General John Yoo sent a memo to Assistant Attorney General Daniel Bryant titled, “Military Detention of United States Citizens.” In it, Yoo wrote that the President’s constitutional authority as Commander-in-Chief extended beyond the Non-Detention Act and allowed him to detain U.S. citizens.
– John Yoo, “Applicability of 18 U.S.C. 4001(a) to Military Detention of United States Citizens” (memo to Office of Legislative Affairs), U.S. Department of Justice, June 27, 2002