I’m just going to quote Orrin Kerr on this:
John Yoo:
“Now that I’m not in the government, part of my role, because I have a certain amount of expertise, is to try to keep the government honest.”
– From an interview with the Orange County Register.
On the other hand, back when he was in government….
That’s funny. But it’s also outrageous. It’s not as if Yoo’s job in government was as a press flask. The Office of Legal Counsel really is there to try to keep the government honest.
March 7th, 2009 at 10:14 am
As these memos of his continue to leak out, it seems very likely that he will be eventually disbarred for this actions while in the Whitehouse.
March 7th, 2009 at 10:21 am
I think if one is going to be a flask, one should at least be a hip one.
March 7th, 2009 at 10:23 am
Remember those Periwigged Guys who wrote that they pledged their ‘lives..fortunes, and sacred Honor?’
Wonder what they would make of Mr. Yoo..
March 7th, 2009 at 10:26 am
You know, “flask” in Italian is “fiasco”.
March 7th, 2009 at 10:29 am
If he and his bosses were around in 1776, I’m pretty sure they would be on the side of the British.
March 7th, 2009 at 11:16 am
Why is this guy still tenured at UC Berkeley? That’s a pretty good school and they usually have pretty high standards for their professors. And they are capable of de-tenuring a professor. I know this because the cook at my fraternity was a de-tenured Philosophy professor from Berkeley. He somehow lost his position in the late Sixties for being a flaming radical liberal. Think about that, too radical for Berkeley in the Sixties. I never would have thought that possible, but it apparently was. So there’s just no excuse for not firing Mr Yoo.
March 7th, 2009 at 11:31 am
A press flask? Is that a container of cheap free whisky? If so, it might explain much about Yoo’s memos and legal advice overall.
March 7th, 2009 at 11:52 am
James Gary: Commenter of the Month
March 7th, 2009 at 12:54 pm
Yoo really, really has it backwards. As a former gov’t attorney, I think James Comey had it right–a government attorney has a special obligation to be honorable, honest and pursue justice. Deal fairly with the public and never, never lie to a court. Give government officials a clear and honest reading of the law, not what they want to hear. Yoo lacks even the most fundamental understanding of the American legal system or its founding principles. He is a total emabrassment to Boalt Hall and ought to be disbarred, then have his tenure revoked.
March 7th, 2009 at 1:08 pm
Someone needs to write a song about Mr Woo. It should be a parody of Steely Dan’s “Doctor Wu.” And it should have a level of cynicism that would make Donald Fagan proud. I’m not creative enough to do such a thing, but some of the readers here are. Hell, the refrain already works. Are you with me Mister Woo? Are you crazy? Are you high? Or just an ordinary guy?
March 7th, 2009 at 1:15 pm
He’s on leave from Berkeley and teaching at Chapman (much friendlier pastures) right now. That said, while I’d be amazed if he ever returned to Berkeley, he does still have his position there.
Am I the only one that thought “press flask” was actual Washington jargon? I’m glad I read the comments before I started using it myself.
March 7th, 2009 at 1:35 pm
That said, he should not only be disbarred and fired, but criminally prosecuted.
This is a joke, right?
March 7th, 2009 at 1:37 pm
Well, Matt shows that Yoo isn’t the only one capable of tendentious misreading.
March 7th, 2009 at 1:46 pm
“That said, he should not only be disbarred and fired, but criminally prosecuted.?”
On what charge? “Disagreeing with me about the meaning of the Constitution?”
March 7th, 2009 at 1:48 pm
He should be disbarred and fired from a cannon.
Or imprisoned at Abu Ghraib.
March 7th, 2009 at 2:17 pm
If I was indicting Yoo, I’d start with conspiracy to violate 18 USC 2441 and conspiracy to violate 50 USC 1809.
If you were indicting Yoo on those charges, you should be fired.
March 7th, 2009 at 2:21 pm
“That said, he should not only be disbarred and fired, but criminally prosecuted.?”
On what charge? “Disagreeing with me about the meaning of the Constitution?”
While criminal prosecution of Yoo as a war criminal is, unforunately, extremely unlikely (though I would not travel abroad if I were him), bar disciplinary actions are possible, even likely. The general basis for both of these types of proceedings is that Yoo, while supposedly advising the government of the US on the legality and constitutionality of certain actions, used legal reasoning that was obviously and flagrantly shoddy to reach conclusions that, while incredible on their face, just happened to facilitate policies desired by the Bush/Cheney administration. For a well trained attorney to pretty much determine that up is down, day is night, and white is black is not “disagreeing” about the meaning of the Constitution in my book.
March 7th, 2009 at 2:39 pm
I’d be happy to have the relevant legal theories tested in court
And I’d be happy to have you fired for abuse of power, professional misconduct and engaging in a politically-motivated witchhunt.
March 7th, 2009 at 2:50 pm
gary,
What you have to realize about DTM is that this is all political theater on his part. He doesn’t even believe his own assertions. He doesn’t care about this issue even to contact the White House or the Justice Department and ask them why they have not prosecuted Yoo or any other Bush administration officials.
March 7th, 2009 at 2:55 pm
Not only does the Obama administration show no desire or intent to prosecute Yoo on any criminal charge, it is defending him in a civil case brought by Jose Padilla.
March 7th, 2009 at 3:20 pm
“He doesn’t even believe his own assertions.”
That’s probably true. His writings are just Legal Bullshit. You’d think the Bar Association would have a problem with that.
March 7th, 2009 at 3:36 pm
Politics has nothing in particular to do with it.
Riiiiiiiight.
March 7th, 2009 at 3:42 pm
The little toady saw his chance to fellate the powerful and leaped at it. How anyone could take a class with him and not vomit is hard to fathom. And why is he still on the payroll at Berkeley? What does the faculty association have to say about this
March 7th, 2009 at 3:49 pm
And why is he still on the payroll at Berkeley?
Why wouldn’t he be?
What does the faculty association have to say about this?
I don’t know. What does the faculty association have to say about it? Since you claim to be so concerned, why don’t you email them and find out? Be sure and let us know what they say.
March 7th, 2009 at 7:02 pm
johnson,
i asked questions, I didn’t claim anything.
faculty associations often have quite a bit to say about such things and have been known to censure people.
in any case i wasn’t asking you in particular. you may have mistaken your postion to be at the centre of the known universe.
March 7th, 2009 at 7:12 pm
His name is Orin.
March 7th, 2009 at 10:06 pm
Hi, Mixner.
Hi, Trixie.
I favor a multi-step process with respect to this issue. Before initiating prosecutions, I want to see as full and detailed a public record developed as possible, probably through one or more investigations conducted by Congress.
But you just claimed that there is already enough public information to prosecute Yoo for federal crimes. The Obama administration has not given the slightest indication that it agrees with you, or that it has any plans to prosecute Yoo now or in the future. In fact, the Obama administration is defending Yoo against a civil suit by Jose Padilla that makes the same false claims about Yoo that you are making. Also, there is no congressional investigation of Yoo. So why aren’t you calling your congessional representatives, the White House and the Justice Department to express your outrage at their inaction? Answer: Because you’re just bullshitting. You don’t even believe your own demented arguments.
March 7th, 2009 at 10:56 pm
Patrick Leahy, Chairman of the Senate Judiciary Committee, has proposed the sort of investigation I have in mind
As I said, Trixie, there is no congressional investigation of Yoo. And you just claimed that there is already enough public information to prosecute Yoo for federal crimes anyway. Yet the Obama administration has not given the slightest indication that it agrees with you, or that it has any plans to prosecute Yoo now or in the future. In fact, the Obama administration is defending Yoo against a civil suit by Jose Padilla that makes the same false claims about Yoo that you are making. So why aren’t you calling your congessional representatives, the White House and the Justice Department to express your outrage at their inaction? Answer: Because you’re just bullshitting. You don’t even believe your own demented arguments.
March 8th, 2009 at 10:41 am
As I said, Trixie, there is no congressional investigation of Yoo.
And when there is, you’re going to start whimpering about how “political” it is, and how there couldn’t possibly be any legitimate purpose to such an investigation.
Under yet another handle, no doubt.
March 8th, 2009 at 10:44 am
Lawyers who served in the German government in the 30s and 40s, who wrote legal opinions declaring acts later prosecuted as war crimes to be legal, were imprisoned by the Nuremberg court as war criminals themselves.
But I guess that was just a politicized witch hunt. They just disagreed with Harlen about the German constitution. Or something.