he "stepped beyond his role as a lawyer to participate directly in developing policy in the war on terrorism. He shaped government policy" and in his role as "the de facto heard of war-on-terrorism legal issues, [Yoo] wrote and promulgated a series of memoranda." (Id. at ถถ 15, 19.) These memoranda include:
(a) a memorandum dated October 23, 2001 from Yoo to White House Counsel Alberto R. Gonzales ("Gonzales") and Department of Defense General Counsel William J. Haynes ("Haynes") on the Authority for Use of Military Force to Combat Terrorist Activities Within the United States, which concluded, among other things, that "the Fourth Amendment does not apply to domestic military operations designed to deter and prevent further terrorist attacks," and concluded that just as "wartime destruction of property doesconstitutional and statutory rights including, but not limited to, the following:
(a) Denial of Access to Counsel. Acting under color of law and his authority as a federal officer, Defendant caused Mr. Padilla to be deprived of his right of access to legal counsel protected by the First, Fifth, and Sixth Amendments to the U.S. Constitution.
(b) Denial of access to Court. Acting under color of law and his authority as a federal officer, Defendant caused Mr. Padilla to be deprived of *1017 his right of access to court protected by the First and Fifth Amendments to the U.S. Constitution, Article II of the U.S. Constitution, and the Habeas Suspension Clause of the U.S. Constitution.
(c) Unconstitutional Conditions of Confinement. Acting under color of law and his authority as a federal