Balkinization: Domestic Spying

Is there any way for someone to challenge Yoo's appointment to Hastings? He does not deserve such a prestigious position.

# posted by

Elliott : 11:47 AM

Statist shyster John Yoo is, believe it or not, at Berkeley (Boalt Hall). He unfortunately has tenure, so short of academic or professional misconduct, he's very difficult to get rid of.

And thus far, he's been too lawyerly to be caught lying publicly.

Example from the NYT article:

Bush administration officials argue that the civil liberties concerns are unfounded, and they say pointedly that the Patriot Act has not freed the N.S.A. to target Americans. "Nothing could be further from the truth," wrote John Yoo, a former official in the Justice Department's Office of Legal Counsel, and his co-author in a Wall Street Journal opinion article in December 2003.

OK, so the Patriot act itself did not free the NSA to spy on Americans.

Mr. Yoo worked on a classified legal opinion on the N.S.A.'s domestic eavesdropping program.

Oh, but you provided the tenuous legal fig leaf for an illegal executive order which allowed such spying. Thanks a lot, Bushfluffer.

# posted by

Theo : 1:54 PM

John Yoo recently took part in a debate about executive war power at my law school. After the event I sought out Prof. Yoo and, as nicely and as carefully as possible, asked him what he thought of Scott Horton comparing his theories to those of Carl Schmitt. Yoo said he had heard of Schmitt, but denied being familiar with his work. So...you can believe that (or not).

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