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Convictions: Slate's blog on legal issues
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In response to many calls for possible dismissal (or at least investigation) of John Yoo at the Boalt (Cal Berkeley) School of Law, Dean Chris Edley yesterday issued a memorandum strongly rejecting the idea (albeit reserving some harsh words for Yoo's Read More...
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Jonathan Hafetz directs litigation for the Liberty and National Security Project of the Brennan Center for Justice at NYU Law School. His thoughts on the torture memo and Guantanamo, below: John Yoo’s recently released March 14, 2003, OLC memo is a tour Read More...
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Seems to me that about the most useless thing any of us can do with the Yoo memo is form character judgments. Whether his work at OLC was animated by bad motives or a well-intentioned desire to avert a terror attack is beyond the scope of a legal blog. Read More...
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The first time I met John Yoo was in the E ring of the Pentagon in 2003 or so, near Don Rumsfeld's Office. He was carrying squash gear, as were his Pentagon pals, giving the E ring something of the atmosphere of a locker room. Yoo, a young man, was obsequiously Read More...
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In a modest attempt to allow equal time, I note that Esquire magazine has posted what it calls the first interview with John Yoo since this week's release of the latest memo. You can find it here . Not that the interview sheds much light, but my favorite Read More...
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John Yoo is a scholar of the first-rank. He confronted a legal and factual problem unlike any other public servant before him.
With hardly any law, and even less direct judicial precedent, he reached plausible, but not always, prudent conclusions. If we put aside the understandable suspicion of the overreaching of the president, can we objectively say what went wrong and, without perfect hindsight, what were the alternative legal -- as opposed to policy -- conclusions? Read More...
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Of all the passages in this latest memo worthy of dissection, I still can't get past the following: Because of the secret nature of al Qaeda's operations, obtaining advance information about the identity of al Qaeda operatives and their plans may prove Read More...
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I want to second Dahlia's frustration with those who don't see the newly released Office of Legal Counsel (OLC) torture memo as a big deal. Where is the outrage, the public outcry?! The shockingly flawed content of this memo, the deficient processes that Read More...
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A reader of the newly declassified "torture memo" finds herself tempted to live-blog it; that is, to offer online, real-time notes that otherwise would be scrawled in the margins replete with all manner of punctuation symbols (! and ? and, yes, @*?%!). Read More...
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John Yoo's controversial legal memorandum on interrogation authority is now being matched by Mrs. Clinton's ethically questionable memoranda advice attempting to distort the Watergate impeachment process -- including denying counsel to the accused. Isn't there some hope for concluding the American political process on the merits, not character failing? Read More...
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I've now completed reading the March 14th OLC opinion . As you might expect, there is a great deal within it that warrants very careful attention and analysis. There is nothing like it in our long legal history, as far as I know. After all, how often Read More...
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OK, true, Orin and Jack , lawyerly can mean trussing up bad and thin arguments with questionable analogies from other cases and a horde of citations. (Though an awful lot of the ones in this Yoo memo are to other OLC memos from the same era — the ones Read More...
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Orin notes that John Yoo's torture memo sounds very lawyerly in its arguments . This observation points to an important fact about legal discourse: Lawyers can make really bad legal arguments that argue for very unjust things in perfectly legal-sounding Read More...
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After reading the March 2003 memo ( NYT and WP ), I feel like the youngest kid at Passover dinner, who by tradition asks the question "How is this night different from all other nights?" Except that in this case, I'm left with the question of "How is Read More...
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What takes my breath away about the Yoo memos , now that we can finally read them, is their air of uttery certainty. One after another, complex questions of constitutional law are dispatched as if there's no cause for any debate. The president has all Read More...
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Reading the Yoo memo as fast as I can, but here it is— Part 1 and Part 2 —for your evening reading. Thanks to the Washington Post and Marty . Read More...
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Over at Balkinization, Marty Lederman discusses the revelation of the previously secret March 14, 2003, memo by John Yoo that extends the theory of the 2002 torture memo (which sought to excuse the CIA) to the military's operations. Pages 18 and 19 of Read More...
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