

In this ridiculous
op-ed piece from yesterday's New York Times, University of California at Berkeley law professor and former US Deputy Assistant Attorney General
John Yoo demonstrates himself to be either a liar or someone unqualified to teach law. Yoo is responsible for the
Yoo Doctrine, the blatantly unconstitutional Bush power grab known as the
Unitary Executive Authority.
To start, Yoo's editorial is titled "
How the Presidency Regained Its Balance." I suggest that what the Bush administration has done to accumulate power to itself, reduce Congress to a pack of fawning suck ups, and prevent or ignore judicial oversight can hardly be described as balance -- in terms of three separate but co-equal branches of government, the scales have clearly tipped to the executive. In fact, the Bush administration shows many of the hallmarks of a dictatorship.
Here's Yoo's first paragraph:
Five years after 9/11, President Bush has taken his counterterrorism case to the American people. That’s because he has had to. This summer, a plurality of the Supreme Court found, in Hamdan v. Rumsfeld, that Congress must explicitly approve military commissions to try suspected terrorists. So Mr. Bush has proposed legislation seeking to place the tribunals, and other aggressive antiterrorism measures, on a sounder footing.
That's just bullshit.
In fact, the Hamdan decision explicitly indicated that the tribunals the Bush administration had already planned to implement were illegal because the administration exceeded the authority it had been granted by Congress. In addition, the Court also explicitly stated that the proposed tribunals violate the law of war, including Common Article 3 of the Geneva Conventions.
Here's more Yoo:
Thus the administration has gone to war to pre-empt foreign threats. It has data-mined communications in the United States to root out terrorism. It has detained terrorists without formal charges, interrogating some harshly. And it has formed military tribunals modeled on those of past wars, as when we tried and executed a group of Nazi saboteurs found in the United States.More bullshit.
No one outside the Bush administration believes invading Iraq had anything to do with a real pre-emptive strike against a real threat. It was clearly an already decided upon course of action searching for a rationale to justify it. The terrorists who attacked the US and the threat that needed to be pre-empted was al Qaeda, which was in AFGHANISTAN. In fact, the phony pre-emptive strike against Saddam caused personnel, supplies, and equipment that were being used to attack al Qaeda to be diverted to Iraq.
How do you know the Bush administration is lying about why we invaded Iraq? For one thing, their rationale keeps changing. Was it to pre-empt an attack by a
WMD-toting madman, to
remove a corrupt dictator, to stabilize
world oil supplies and prices, or for some other reason. They change their story every time more facts become known.
This administration resorted to
exposing a covert CIA operative (who was working on the issue of WMDs in Iraq and Iran),
lied about Saddam's attempt to acquire uranium for nuclear weapons, and
lied about a connection between Saddam and al Qaeda. In addition, while we're still fighting in Iraq, Osama bin Laden is still on the loose and the Bush administration is
actively resisting making an effort to kill or capture him.
More Yoo:
Thus the administration has gone to war to pre-empt foreign threats. It has data-mined communications in the United States to root out terrorism. It has detained terrorists without formal charges, interrogating some harshly. And it has formed military tribunals modeled on those of past wars, as when we tried and executed a group of Nazi saboteurs found in the United States.Oh, please. Iraq was not a threat. No one objects to data mining -- we object to an administration that does it without oversight and does it without attempting to focus the effort on actual terrorist suspects or plots. In addition, the Nazi saboteurs Yoo writes of were captured in the United States and there was no question that they were spies -- the evidence of their guilt was blatantly apparent. This is in contrast to what the Bush administration has done in holding hundreds of people who have not been accused of anything and against whom there is no evidence of guilt. If they're guilty of spying or murder or anything else, put them on trial and prove it.
More Yoo:
To his critics, Mr. Bush is a “King George” bent on an “imperial presidency.” But the inescapable fact is that war shifts power to the branch most responsible for its waging: the executive. Harry Truman sent troops to fight in Korea without Congressional authority. George H. W. Bush did not have the consent of Congress when he invaded Panama to apprehend Manuel Noriega. Nor did Bill Clinton when he initiated NATO’s air war over Kosovo.Bullshit, bullshit, bullshit.
As
this article shows, Truman was on solid ground. The 1945 Senate debates on ratification of the U.N. Charter and the House and Senate debates on passage of the U.N. Participation Act clearly indicate that Congress understood it was empowering the President to use military force in accordance with decisions of the U.N. Security Council without having to return to Congress for approval of each specific operation.
George H.W. Bush invaded Panama in 1989 ostensibly to bring an indicted Manual Noriega to justice. Bush also claimed the necessity of exigent circumstances, arguing that U.S. nationals were being attacked by Panama's army. In addition, the US did not stay in Panama for years on end without identifying an achievable objective. You can argue about whether Noriega should have been indicted or whether US nationals were really being attacked in Panama, but you can't argue that the senior Bush didn't make an argument that for taking immediate action of a limited duration.
Bill Clinton claimed exigent circumstances, too -- the immediate need to intervene and stop genocide. In addition, US action in Yugoslavia was not an invasion -- it was an effort to force the warring powers to stop fighting. Finally, it's worth pointing out that many people who claimed Clinton did not have the power to take this action now argue that BUSH does have it -- hypocrites all. See
here for one especially egregious example.
More from Professor Yoo:
The White House has declared that the Constitution allows the president to sidestep laws that invade his executive authority. That is why Mr. Bush has issued hundreds of signing statements — more than any previous president — reserving his right not to enforce unconstitutional laws.This is pure bullshit. The President does not have the unilateral authority to determine which laws are Constitutional, therefore he does not have the authority to refuse to enforce a law simply because HE decides it's not Constitutional. The accepted process,
as every eighth grader knows, is that if Congress passes a bill and the President disagrees, he issues a veto. Congress can then attempt to override the veto and enact the law without presidential approval. Ultimately, the US Supreme Court determines whether the law under question is in line with the Constitution. One party refusing to follow the law and hiding behind "fuck you, Congress" signing statements do not enter into the equation.
Yoo:
Unfortunately, much of the public misunderstands the true role of the executive branch — in large part because today’s culture transforms presidents into celebrities. On TV, a president’s every move seems central to the universe, so he has the image of power that far exceeds the reality.This just pisses me off. Just because the public disagrees with you, it doesn't necessarily follow that the public misunderstands -- how fucking arrogant.
The rest of Yoo's editorial is in the same vein -- go ahead and read it for yourself and see if you can get through it without losing your temper at this prick's lies and condescension.
Yoo is so wrong he's either stupid or lying on purpose -- that's why I call John Yoo a
Douchebag of Liberty.