The discussions regarding the leaked white paper (at times treated as if it is a full-fledged OLC memorandum, and one that covers a lot more than it purports to) often has an aspirational quality. That is, people insist certain constitutional liberties are being violated when it is far from clear that they are pursuant to established law. At least, as currently understood. But, "due process" etc. changes over time. Aspiration becomes reality.
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Thanks for your .02!