In particular, this part is interesting on page 10:
"Finally, the department notes that under the circumstances described in this paper, there exists no appropriate judicial forum to evaluate these constitutional considerations. It is well established that "matters intimately related to foreign policy and national security are rarely proper subjects for judicial intervention" because such matters "frequently turn on standards that defy judicial application," or, "involve the exercise of a discretion demonstrably committed to the executive or legislature" Were a court to intervene here, it might be required to inappropriately to issue an ex ante command to the President and the officials responsible for operations with respect to their specific tactical judgment to mount a potential lethal operation against a senior operational leader of al-Qa'ida or its associated forces. And judicial enforcement of such orders would require the Court to supervise inherently predictive judgments by the President and his national security advisors as to when and how to use force against a member of an enemy force against which Congress has authorized the use of force [emphasis mine]
edit: The entire foundation for Document this is based on the following from page 14:
"The United States is currently in the midst of a congressionally authorized armed conflict with al-Qa'ida and associated forces, and may act in national self defense to protect U.S. persons and interests who are under continual threat of violent attack by certain al-Q'aida operatives planning operations against them."
"Finally, the department notes that under the circumstances described in this paper, there exists no appropriate judicial forum to evaluate these constitutional considerations. It is well established that "matters intimately related to foreign policy and national security are rarely proper subjects for judicial intervention" because such matters "frequently turn on standards that defy judicial application," or, "involve the exercise of a discretion demonstrably committed to the executive or legislature" Were a court to intervene here, it might be required to inappropriately to issue an ex ante command to the President and the officials responsible for operations with respect to their specific tactical judgment to mount a potential lethal operation against a senior operational leader of al-Qa'ida or its associated forces. And judicial enforcement of such orders would require the Court to supervise inherently predictive judgments by the President and his national security advisors as to when and how to use force against a member of an enemy force against which Congress has authorized the use of force [emphasis mine]
edit: The entire foundation for Document this is based on the following from page 14:
"The United States is currently in the midst of a congressionally authorized armed conflict with al-Qa'ida and associated forces, and may act in national self defense to protect U.S. persons and interests who are under continual threat of violent attack by certain al-Q'aida operatives planning operations against them."