[Ppnews] CCR Supports Call for Dismissal and Prosecution of John Yoo
Political Prisoner News
ppnews at freedomarchives.org
Fri Apr 18 11:55:33 EDT 2008
Center for Constitutional Rights Supports National Lawyers Guild Call
for Dismissal and Prosecution of John Yoo
http://www.zcommunications.org/znet/viewArticle/17183
April 18, 2008 By Marjorie Cohn
On April 1, a secret 81-page memo written by former Deputy Assistant
Attorney General John Yoo in March 2003 was made public. In that
memo, Yoo advised the Bush administration that the Department of
Justice's Office of Legal Counsel would not enforce U.S.criminal
laws, including federal statutes against torture, assault, maiming
and stalking in the detention and interrogation of enemy
combatants. The week after the publication of Yoo's memo, the
National Lawyers Guild issued a press release calling for
the BoaltHallLawSchoolat the Universityof to dismiss Yoo, who is
now a professor of law there. The NLG also called for the
prosecution of Yoo for war crimes and for his disbarment.California
Two days later, the Center for Constitutional Rights released a
letter supporting the NLG's call for Yoo's dismissal and
prosecution. CCR Executive Director Vincent Warren wrote, "The
'Torture Memo' was not an abstract, academic foray. Rather, it was
crafted to sidestep U.S.and international laws that make coercive
interrogation and torture a crime. It was written with the knowledge
that its legal conclusions were to be applied to the interrogations
of hundreds of individual detainees... And it worked. It became the
basis for the CIA's use of extreme interrogation methods as well the
basis for DOD interrogation policy... Yoo's legal opinions as well as
the others issued by the Office of Legal Counsel were the keystone of
the torture program, and were the necessary precondition for the
torture program's creation and implementation."
The day after the NLG issued its press release, Boalt Hall Dean
Christopher Edley, Jr. posted a statement on the Boalt Hall website,
responding to "the New York Times (editorial April 4), the National
Lawyers' Guild, and hundreds of individuals from around the world"
who had criticized or questioned Yoo's continuing employment at Boalt Hall.
Dean Edley cited the Universityof California's Academic Personnel
Manual sec. 015, which lists under "Types of unacceptable conduct:
... Commission of a criminal act which has led to conviction in a
court of law and which clearly demonstrates unfitness to continue as
a member of the faculty." Edley said he was not convinced Yoo had
engaged in "clear professional misconduct - that is, some breach of
the professional ethics applicable to a government attorney -
material to Professor Yoo's academic position." Edley was likewise
not convinced "the writing of the memoranda, and [Yoo's] related
conduct, violate[d] a criminal or comparable statute."
Edley felt Yoo's conduct was not "morally equivalent to that of his
nominal clients, Secretary Rumsfeld, et al., or comparable to the
conduct of interrogators distant in time, rank, and place." Edley
wrote, "Yes, it does matter that Yoo was an adviser, but President
Bush and his national security appointees were the deciders."
Indeed, ABC News reported last week that Dick Cheney, Condoleezza
Rice, Donald Rumsfeld, Colin Powell, George Tenet, and John Ashcroft
met in the White House and micromanaged the torture of terrorism
suspects by approving specific torture techniques such as
waterboarding. George W. Bush, the decider-in-chief, admitted, "yes,
I'm aware our national security team met on this issue. And I approved."
These top U.S.officials are liable for war crimes under the U.S. War
Crimes Act, and for violation of the Convention Against Torture and
the Geneva Conventions, which are all part of U.S.law. They ordered
the torture which was carried out by the interrogators.
But John Yoo and the other Justice Department lawyers, including
David Addington, Jay Bybee, William Haynes and Alberto Gonzales, are
also liable for the same offenses. They were an integral part of a
criminal conspiracy to violate U.S.laws. In U.S. v. Altstoetter,
Nazi lawyers were convicted of war crimes and crimes against humanity
for advising Hitler on how to "legally" disappear political suspects
to special detention camps. The United Statescharged that since
they were lawyers, "not farmers or factory workers," they should have
known their technical justifications for circumventing the Hagueand
Geneva Conventions were illegal.
The cases of Altstoetter and those of the Bush lawyers share common
aspects. Both dealt with people detained during wartime who were not
POWs; in both, it was reasonably foreseeable that the advice they
gave would result in great physical or mental harm or death to many
detainees; and in both, the advice was legally erroneous. More than
108 people have died in U.S.detention since 9/11, many from
torture. And the Department of Justice's Office of Legal Counsel
later withdrew the memoranda, an admission that the advice in them
was defective.
Furthermore, the Bush lawyers have engaged in ethical violations
which should result in their disbarment. As New York University
School of Law Professor Stephen Gillers wrote in The Nation, H.
Marshall Jarrett, counsel for the Justice Department's Office of
Professional Responsibility, who is examining the legal advice these
lawyers provided, "should find that this work is not 'consistent with
the professional standards that apply to Department of Justice attorneys.'"
Even Dean Edley appears to recognize that the case of John Yoo is not
a simple issue of academic freedom, such as "merely some professor
vigorously expounding controversial and even extreme views."
As CCR President Michael Ratner wrote in the forthcoming book, The
Trial of Donald Rumsfeld, "Had these various opinions been written as
a law school or academic exercise, they could be merely condemned and
their authors would fail their class, but they would not be held
criminally accountable. But they were not an academic exercise. They
were written by high-level attorneys [such as John Yoo] in a context
where the opinions represented the governing law and were to be
employed by the President in setting detainee policy. This was more
than bad lawyering; this was aiding and abetting their clients'
violation of the law by justifying the commission of a crime using
false legal rhetoric."
It is inconceivable that Attorney General Michael Mukasey, who has
served as a rubber stamp for Bush's illegal policies, will bring any
of these leaders or lawyers to justice. There is a chance that a
future attorney general will do so. Barack Obama has pledged to have
his Justice Department and Attorney General "immediately review the
information that's already there and to find out are there inquiries
that need to be pursued . . . if crimes have been committed, they
should be investigated . . . Now, if I found out that there were high
officials who knowingly, consciously broke existing laws, engaged in
coverups of those crimes with knowledge forefront, then I think a
basic principle of our Constitution is nobody above the
law." Congress should repeal the provision of the Military
Commissions Act that would give these deciders and lawyers immunity
from prosecution for torture and other mistreatment committed from
September 11, 2001 to December 30, 2005.
In addition to criminal prosecutions, disbarments, and the dismissal
of John Yoo from the Boalt Hall faculty, Jay Bybee, who was rewarded
for his illegal advice with a federal judgeship, should be removed
from the bench by impeachment.
It is time for the impunity enjoyed by the Bush administration to
come to an end.
Marjorie Cohn is a professor at Thomas Jefferson School of Law and
the President of the National Lawyers Guild. She is the author of
"CowboyRepublic: Six Ways the Bush Gang Has Defied the Law." Her
articles are archived at <http://www.marjoriecohn.com/>www.marjoriecohn.com.
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