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Wikipedia

John Yoo

February 18, 2023

This article is about the American legal scholar. For the Chinese Australian pediatrician, see John Yu.

John Choon Yoo (Korean: 유준; born July 10, 1967)[2] is a Korean-born American legal scholar and former government official who serves as the Emanuel S. Heller Professor of Law at the University of California, Berkeley. Yoo became known for his legal opinions concerning executive power, warrantless wiretapping, and the Geneva Conventions while serving in the George W. Bush administration, during which he was the author of the controversial "Torture Memos" in the War on Terror.

John Yoo
유준
Yoo in 2012
Deputy Assistant Attorney General for the Office of Legal Counsel
In office
July 2001 – May 2003
Appointed byJay S. Bybee
PresidentGeorge W. Bush
General Counsel for the Senate Judiciary Committee
In office
July 1995 – July 1996
Personal details
Born
Yoo Choon

(1967-07-10) July 10, 1967 (age 55)
Seoul, South Korea
Political partyRepublican
SpouseElsa Arnett
EducationHarvard University (BA)
Yale University (JD)
OccupationLaw professor
Known forTorture Memos (2002)
AwardsFederalist Society Paul M. Bator Award (2001)[1]
Korean name
Hangul
유준
Hanja
有俊
Revised RomanizationYu Jun
McCune–ReischauerYu Chun

As the deputy assistant attorney general in the Office of Legal Counsel (OLC) of the Department of Justice, Yoo wrote the Torture Memos to determine the legal limits for the torture of detainees following the September 11 attacks. The legal guidance on interrogation authored by Yoo and his successors in the OLC were rescinded by President Barack Obama in 2009.[3][4][5] Some individuals and groups called for the investigation and prosecution of Yoo under various anti-torture and anti-war crimes statutes.[6][7][8][9]

A report by the Justice Department's Office of Professional Responsibility stated that Yoo's justification of waterboarding and other "enhanced interrogation methods" constituted "intentional professional misconduct" and recommended that Yoo be referred to his state bar association for possible disciplinary proceedings.[10][11][12][13] Senior Justice Department lawyer David Margolis overruled the report in 2010, saying that Yoo and Assistant Attorney General Jay Bybee—who authorized the memos—had exercised "poor judgment" but that the department lacked a clear standard to conclude misconduct.[14][12]

In 2020, Yoo advised Vice-President Mike Pence that he had no constitutional authority to interfere with the certification of the 2020 presidential election.[15]

Early life and education

In 1967, Yoo was born in Seoul, South Korea. His parents were anti-communist, having been refugees during the Korean War. He immigrated to the United States with his family when he was a young child and grew up in Philadelphia.[16] He attended high school at Episcopal Academy, graduating in 1985.

Yoo matriculated at Harvard University where he majored in American history and was a member of The Harvard Crimson.[17] In 1989, he graduated from Harvard with a bachelor's degree, summa cum laude. He then attended Yale Law School, where he was a member of the Yale Law Journal, graduating with a J.D. in 1992.[18]

Career

Early legal service

After law school, Yoo clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the D.C. Circuit from 1992 to 1993 and for Justice Clarence Thomas of the U.S. Supreme Court from 1994 to 1995. He served as general counsel of the Senate Judiciary Committee from 1995 to 1996.[19]

Academic career (1993–present)

Yoo has been a professor at the University of California, Berkeley, School of Law since 1993, where he is Emanuel S. Heller Professor of Law. He has written multiple books on presidential power and the war on terrorism, and many articles in scholarly journals and newspapers.[20][21] He has held the Fulbright Distinguished Chair in Law at the University of Trento and has been a visiting law professor at the Free University of Amsterdam, the University of Chicago, and Chapman University School of Law. Since 2003, Yoo has also been a visiting scholar at the American Enterprise Institute, a conservative think tank in Washington. He wrote a monthly column, "Closing Arguments", for The Philadelphia Inquirer.[22] He has written academic books including Crisis and Command.[22]

Bush administration (2001–2003)

Yoo has been principally associated with his work from 2001 to 2003 in the Department of Justice's Office of Legal Counsel (OLC) under Attorney General John Ashcroft during the George W. Bush Administration.[23][24][6] Yoo's expansive view of presidential power led to a close relationship with Vice President Dick Cheney's office.[24] He played an important role in developing a legal justification for the Bush administration's policy in the war on terrorism, arguing that prisoner of war status under the Geneva Conventions does not apply to "enemy combatants" captured during the war in Afghanistan and held at the Guantánamo Bay detention camp.[25]

Torture memos

See also: Enhanced interrogation techniques
Main article: Torture Memos

In what was originally known as the Bybee memo, Yoo asserted that executive authority during wartime allows waterboarding and other forms of torture, which were euphemistically referred to as "enhanced interrogation techniques".[26] Yoo's memos narrowly defined torture and American habeas corpus obligations. They authorized what were called "enhanced interrogation techniques" and were issued to the CIA.[27] Yoo argued in his legal opinion that the president was not bound by the American War Crimes Act of 1996. Yoo's legal opinions were not shared by everyone within the Bush Administration. Secretary of State Colin Powell strongly opposed what he saw as an invalidation of the Geneva Conventions,[28] while U.S. Navy general counsel Alberto Mora campaigned internally against what he saw as the "catastrophically poor legal reasoning" and dangerous extremism of Yoo's opinions.[29] In December 2003, Yoo's memo on permissible interrogation techniques, also known as the Bybee memo, was repudiated as legally unsound by the OLC, then under the direction of Jack Goldsmith.[29]

In June 2004, another of Yoo's memos on interrogation techniques was leaked to the press, after which it was repudiated by Goldsmith and the OLC.[30] On March 14, 2003, Yoo wrote a legal opinion memo in response to the General Counsel of the Department of Defense, in which he concluded that torture not allowed by federal law could be used by interrogators in overseas areas.[31] Yoo cited an 1873 Supreme Court ruling, on the Modoc Indian Prisoners, where the Supreme Court had ruled that Modoc Indians were not lawful combatants, so they could be shot, on sight, to justify his assertion that individuals apprehended in Afghanistan could be tortured.[32][33]

Yoo's contribution to these memos has remained a source of controversy following his departure from the Justice Department;[34] he was called to testify before the House Judiciary Committee in 2008 in defense of his role.[35] The Justice Department's Office of Professional Responsibility (OPR) began investigating Yoo's work in 2004 and in July 2009 completed a report that was sharply critical of his legal justification for waterboarding and other interrogation techniques.[36][37][38][39] The OPR report cites testimony Yoo gave to Justice Department investigators in which he claims that the "president's war-making authority was so broad that he had the constitutional power to order a village to be 'massacred.'"[12] The OPR report concluded that Yoo had "committed 'intentional professional misconduct' when he advised the CIA it could proceed with waterboarding and other aggressive interrogation techniques against Al Qaeda suspects," although the recommendation that he be referred to his state bar association for possible disciplinary proceedings was overruled by David Margolis, another senior Justice department lawyer.[12]

In 2009, President Barack Obama issued Executive Order 13491, rescinding the legal guidance on interrogation authored by Yoo and his successors in the Office of Legal Counsel.[3][4][5]

In December 2005, Doug Cassel, a law professor from the University of Notre Dame, asked Yoo, "If the President deems that he's got to torture somebody, including by crushing the testicles of the person's child, there is no law that can stop him?", to which Yoo replied, "No treaty." Cassel followed up with "Also no law by Congress—that is what you wrote in the August 2002 memo," to which Yoo replied, "I think it depends on why the President thinks he needs to do that."[40]

War crimes accusations

Main article: The Bush Six
Further information: Jus in bello, Universal jurisdiction, and War crimes
 
Yoo at the Miller Center, Charlottesville in March 19, 2010.

Glenn Greenwald has argued that Yoo could potentially be indicted for crimes against the laws and customs of war, the crime of torture, and/or crimes against humanity.[9] Criminal proceedings to this end have begun in Spain: in a move that could have led to an extradition request, Judge Baltasar Garzón in March 2009 referred a case against Yoo to the chief prosecutor.[41][42] The Spanish Attorney General recommended against pursuing the case.

On November 14, 2006, invoking the principle of command responsibility, the German attorney Wolfgang Kaleck filed a complaint with the Attorney General of Germany (Generalbundesanwalt) against Yoo, along with 13 others, for his alleged complicity in torture and other crimes against humanity at Abu Ghraib in Iraq and Guantánamo Bay. Kaleck acted on behalf of 11 alleged victims of torture and other human rights abuses, as well as about 30 human rights activists and organizations. The co-plaintiffs to the war crimes prosecution included Adolfo Pérez Esquivel, Martín Almada, Theo van Boven, Sister Dianna Ortiz, and Veterans for Peace.[43] Responding to the so-called "torture memoranda," Scott Horton noted

the possibility that the authors of these memoranda counseled the use of lethal and unlawful techniques, and therefore face criminal culpability themselves. That, after all, is the teaching of United States v. Altstötter, the Nuremberg case brought against German Justice Department lawyers whose memoranda crafted the basis for implementation of the infamous 'Night and Fog Decree'.[44]

Legal scholars speculated shortly thereafter that the case has little chance of successfully making it through the German court system.[45]

Jordan Paust of the University of Houston Law Center concurred with supporters of prosecution and in early 2008 criticized the US Attorney General Michael Mukasey's refusal to investigate and/or prosecute anyone who relied on these legal opinions:

[I]t is legally and morally impossible for any member of the executive branch to be acting lawfully or within the scope of his or her authority while following OLC opinions that are manifestly inconsistent with or violative of the law. General Mukasey, just following orders is no defense![46]

In 2009, the Spanish Judge Baltasar Garzón Real launched an investigation of Yoo and five others (known as the Bush Six) for war crimes.[47]

On April 13, 2013, the Russian Federation banned Yoo and several others from entering the country because of alleged human rights violations. The list was a direct response to the so-called Magnitsky list revealed by the United States the day before.[48] Russia stated that Yoo was among those responsible for "the legalization of torture" and "unlimited detention".[49][50]

After the December 2014 release of the executive summary of the Senate Intelligence Committee report on CIA torture, Erwin Chemerinsky, then the dean of the University of California, Irvine School of Law, called for the prosecution of Yoo for his role in authoring the Torture Memos as "conspiracy to violate a federal statute".[8]

On May 12, 2012, the Kuala Lumpur War Crimes Commission found Yoo, along with former President Bush, former Vice President Cheney, and several other senior members of the Bush administration, guilty of war crimes in absentia. The trial heard "harrowing witness accounts from victims of torture who suffered at the hands of US soldiers and contractors in Iraq and Afghanistan".[51]

Warrantless wiretapping

Further information: Fourth Amendment to the United States Constitution, NSA electronic surveillance program, and NSA warrantless surveillance controversy

Yoo provided a legal opinion backing the Bush Administration's warrantless wiretapping program.[24][6][52][28] Yoo authored the October 23, 2001 memo asserting that the President had sufficient power to allow the NSA to monitor the communications of US citizens on US soil without a warrant (known as the warrantless wiretap program) because the Fourth Amendment does not apply. As another memo says in a footnote, "Our office recently concluded that the Fourth Amendment had no application to domestic military operations."[53][54][55][56][57] That interpretation is used to assert that the normal mandatory requirement of a warrant, under the Foreign Intelligence Surveillance Act, could be ignored.[54][56]

In a 2006 book and a 2007 law review article, Yoo defended President Bush's terrorist surveillance program, arguing that "the TSP represents a valid exercise of the President's Commander-in-Chief authority to gather intelligence during wartime".[58] He claimed that critics of the program misunderstand the separation of powers between the President and Congress in wartime because of a failure to understand the differences between war and crime, and a difficulty in understanding the new challenges presented by a networked, dynamic enemy such as Al Qaeda. "Because the United States is at war with Al Qaeda, the President possesses the constitutional authority as Commander-in-Chief to engage in warrantless surveillance of enemy activity."[58] In a Wall Street Journal opinion piece in July 2009, Yoo wrote it was "absurd to think that a law like FISA should restrict live military operations against potential attacks on the United States."[59]

National Board for Education Sciences (2020–)

In December 2020, President Donald Trump appointed Yoo to a four-year term on the National Board for Education Sciences, which advises the Department of Education on scientific research and investments.[60][61]

Commentary

Unitary executive theory

Main article: Unitary executive theory

Yoo suggested that since the primary task of the President during a time of war is protecting U.S. citizens, the President has inherent authority to subordinate independent government agencies, and plenary power to use force abroad.[62][63][64] Yoo contends that the Congressional check on Presidential war-making power comes from its power of the purse. He says that the President, and not the Congress or courts, has sole authority to interpret international treaties such as the Geneva Conventions "because treaty interpretation is a key feature of the conduct of foreign affairs".[65] His positions on executive power are controversial because the theory can be interpreted as holding that the President's war powers afford him executive privileges which exceed the bounds which other scholars associate with the President's war powers.[65][66][67][68] His positions on the unitary executive are controversial as well because they are seen as an excuse to advance a conservative deregulatory agenda; the unitary executive theory says that every president is able to roll back any regulation passed by previous presidents, and it came to prominence in the Reagan administration as a "legal strategy that could enable the administration to gain control of the independent regulatory agencies that were seen as impeding the...agenda of deregulating business."[69]

Following his tenure as an appointee of the George W. Bush administration, Yoo criticized certain views on the separation of powers doctrine as allegedly being historically inaccurate and problematic for the global war on terrorism. For instance, he wrote, "We are used to a peacetime system in which Congress enacts the laws, the president enforces them, and the courts interpret them. In wartime, the gravity shifts to the executive branch."[70]

In 1998 Yoo criticized what he characterized as an imperial use of executive power by the Clinton administration.[71] In an opinion piece in the WSJ, he argued that the Clinton administration misused the privilege to protect the personal, rather than official, activities of the President, such as in the Monica Lewinsky affair.[71] At the time, Yoo also criticized President Clinton for contemplating defiance of a judicial order. He suggested that Presidents could act in conflict with the Supreme Court, but that such measures were justified only during emergencies.[72] In 2000 Yoo strongly criticized what he viewed as the Clinton administration's use of powers of what he termed the "Imperial Presidency". He said it undermined "democratic accountability and respect for the law".[73] Yet, Yoo has defended President Clinton, for his decision to use force abroad without congressional authorization. He wrote in The Wall Street Journal on March 15, 1999, that Clinton's decision to attack Serbia was constitutional. He then criticized Democrats in Congress for not suing Clinton as they had sued presidents Bush and Reagan to stop the use of force abroad.[74]

Trump administration

In 2019, on Fox News, Yoo made the comment "Some might call that espionage"[75] when discussing Lt. Col. Alexander Vindman, the top Ukraine expert on the National Security Council. Vindman was set to testify in front of Congress the next day about Trump requesting that the Ukrainian president start an investigation into his political rival Joe Biden. Yoo subsequently said "I really regret the choice of words" and that he had been referring to Ukrainian officials rather than Vindman.[76]

In 2020, Yoo praised Trump as a "constitutional conservative".[77] He wrote a 2020 book about Trump titled Defender in Chief: Donald Trump's Fight for Presidential Power.[78][79] During an interview on CSPAN in August 2020, Yoo defended the use of enhanced executive privilege within the Trump administration.[80] He stated in a concurrent interview on CBS with Ted Koppel that his support for Trump may be guided by his possible reading of PEADs (Presidential Emergency Action Documents) as further supplementing his support for enhanced executive privilege during wartime and other national emergencies.[81]

After Trump lost his bid for re-election in the 2020 United States presidential election, Yoo stated in an opinion piece that the Supreme Court could decide the outcome of the election.[82] Weeks later, Yoo and J. Michael Luttig advised Vice President Mike Pence that he had no constitutional authority to interfere with the certification of Electoral College votes in Congress on January 6, 2021, as has been proposed to Pence by Trump attorney John Eastman.[15][83]

Federal tort suit

On January 4, 2008, José Padilla, a U.S. citizen convicted of terrorism, and his mother sued John Yoo in the U.S. District Court, Northern District of California (Case Number 08-cv-00035-JSW), known as Padilla v. Yoo.[84] The complaint sought $1 in damages based on the alleged torture of Padilla, attributed to the authorization by Yoo's torture memoranda. Judge Jeffrey White allowed the suit to proceed, rejecting all but one of Yoo's immunity claims. Padilla's lawyer says White's ruling could have a broad effect for all detainees.[85][86][87]

Soon after his appointment in October 2003 as chief of the Office of Legal Counsel, DOJ, Jack Goldsmith withdrew Yoo's torture memoranda. The Padilla complaint, on page 20, cited Goldsmith's 2007 book The Terror Presidency in support of its case. In it Goldsmith had claimed that the legal analysis in Yoo's torture memoranda was incorrect and that there was widespread opposition to the memoranda among some lawyers in the Justice Department. Padilla's attorney used this information in the lawsuit, saying that Yoo caused Padilla's damages by authorizing his alleged torture by his memoranda.[88][89]

While the District Court ruled in favor of Padilla, the case was appealed by Yoo in June 2010. On May 2, 2012, the Ninth Circuit Court of Appeals held that Yoo had qualified immunity at the time of his memos (2001–2003), because certain issues had not then been settled legally by the U.S. Supreme Court. Based on the Supreme Court's decision in Ashcroft v. al-Kidd (2011), the Appeals Court unanimously ruled against Padilla, saying that, when he was held as a detainee, it had not been established that an enemy combatant had the "same constitutional protections" as a convicted prisoner or suspect, and that his treatment had not been legally established at the time as torture.[90]

Retired Colonel Lawrence Wilkerson, chief of staff to General Colin Powell in the Persian Gulf War and while Powell was Secretary of State in the Bush Administration, has said of Yoo and other administration figures responsible for these decisions:

Haynes, Feith, Yoo, Bybee, Gonzales and—at the apex—Addington, should never travel outside the US, except perhaps to Saudi Arabia and Israel. They broke the law; they violated their professional ethical code. In the future, some government may build the case necessary to prosecute them in a foreign court, or in an international court.[91]

Office of Professional Responsibility report

The Department of Justice's Office of Professional Responsibility concluded in a 261-page report in July 2009 that Yoo committed "intentional professional misconduct" when he "knowingly failed to provide a thorough, objective, and candid interpretation of the law", and it recommended a referral to the Pennsylvania Bar for disciplinary action.[10][11] But David Margolis, a career Justice attorney,[92] countermanded the recommended referral in a January 2010 memorandum.[93] While Margolis was careful to avoid "an endorsement of the legal work," which he said was "flawed" and "contained errors more than minor", concluding that Yoo had exercised "poor judgment", he did not find "professional misconduct" sufficient to authorize OPR "to refer its findings to the state bar disciplinary authorities".[93]

Yoo contended that the OPR had shown "rank bias and sheer incompetence", intended to "smear my reputation", and that Margolis "completely rejected its recommendations".[94]

Although stopping short of referral to the bar, Margolis had also written:

[Yoo's and Bybee's] memoranda represent an unfortunate chapter in the history of the Office of Legal Counsel. While I have declined to adopt OPR's findings of misconduct, I fear that John Yoo's loyalty to his own ideology and convictions clouded his view of his obligation to his client and led him to author opinions which reflected his own extreme, although sincerely held, views of executive power while speaking for an institutional client.[93]

Margolis's decision not to refer Yoo to the bar for discipline was criticized by numerous commentators.[95][96][97][98]

Publications

Yoo's writings and areas of interest have fallen into three broad areas: American foreign relations; the Constitution's separation of powers and federalism; and international law. In foreign relations, Yoo has argued that the original understanding of the Constitution gives the President the authority to use armed force abroad without congressional authorization, subject to Congress's power of the purse; that treaties do not generally have domestic legal force without implementing legislation; and that courts are functionally ill-suited to intervene in foreign policy disputes between the President and Congress.

With the separation of powers, Yoo has argued that each branch of government has the authority to interpret the Constitution for itself.[citation needed] In international law, Yoo has written that the rules governing the use of force must be understood to allow nations to engage in armed intervention to end humanitarian disasters, rebuild failed states, and stop terrorism and the proliferation of weapons of mass destruction.[99][100][101][102][103]

Yoo's academic work includes his analysis of the history of judicial review in the U.S. Constitution.[104] Yoo's book, The Powers of War and Peace: The Constitution and Foreign Affairs after 9/11, was praised in an Op-Ed in The Washington Times, written by Nicholas J. Xenakis, an assistant editor at The National Interest.[105] It was quoted by Senator Joe Biden during the Senate hearings for then-U.S. Supreme Court nominee Samuel Alito, as Biden "pressed Alito to denounce John Yoo's controversial defense of presidential initiative in taking the nation to war".[106] Yoo is known as an opponent of the Chemical Weapons Convention.[107]

During 2012 and 2014, Yoo published two books with Oxford University Press. Taming Globalization was co-authored with Julian Ku in 2012, and Point of Attack was published under his single authorship in 2014. His 2017 book Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War is co-authored with by Jeremy Rabkin.

Yoo's latest book, Defender in Chief: Donald Trump's Fight for Presidential Power, was published in July 2020.[108]

Bibliography

  • Yoo, John (2005). The Powers of War and Peace: The Constitution and Foreign Affairs after 9/11. University of Chicago Press. ISBN 978-0-226-96033-3.
  • Yoo, John (2006). War by Other Means: An Insider's Account of the War on Terror. Atlantic Monthly Press. ISBN 978-1-55584-763-0.
  • Yoo, John (2010). Crisis and Command: A History of Executive Power from George Washington to George W. Bush. Kaplan Publishing. ISBN 978-1-60714-555-4.
  • Ku, Julian; Yoo, John (2012). . Oxford University Press. ISBN 978-0-19-983742-7. Archived from the original on January 31, 2021.
  • Yoo, John (2014). . Oxford University Press. ISBN 978-0-19-934776-6. Archived from the original on January 31, 2021.
  • Rabkin, Jeremy; Yoo, John (2017). Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War. ISBN 978-1-59403-888-4.
  • Yoo, John (July 28, 2020). . St. Martin's Publishing Group. ISBN 978-1-250-26961-4. Archived from the original on January 31, 2021.{{cite book}}: CS1 maint: date and year (link)

He has also contributed chapters to other books, including:

In popular culture

Personal life

Yoo is married to Elsa Arnett, the daughter of journalist Peter Arnett.[111]

See also

References

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February 18, 2023
john, this, article, about, american, legal, scholar, chinese, australian, pediatrician, john, john, choon, korean, 유준, born, july, 1967, korean, born, american, legal, scholar, former, government, official, serves, emanuel, heller, professor, university, cali. This article is about the American legal scholar For the Chinese Australian pediatrician see John Yu John Choon Yoo Korean 유준 born July 10 1967 2 is a Korean born American legal scholar and former government official who serves as the Emanuel S Heller Professor of Law at the University of California Berkeley Yoo became known for his legal opinions concerning executive power warrantless wiretapping and the Geneva Conventions while serving in the George W Bush administration during which he was the author of the controversial Torture Memos in the War on Terror John Yoo유준Yoo in 2012Deputy Assistant Attorney General for the Office of Legal CounselIn office July 2001 May 2003Appointed byJay S BybeePresidentGeorge W BushGeneral Counsel for the Senate Judiciary CommitteeIn office July 1995 July 1996Personal detailsBornYoo Choon 1967 07 10 July 10 1967 age 55 Seoul South KoreaPolitical partyRepublicanSpouseElsa ArnettEducationHarvard University BA Yale University JD OccupationLaw professorKnown forTorture Memos 2002 AwardsFederalist Society Paul M Bator Award 2001 1 Korean nameHangul유준Hanja有俊Revised RomanizationYu JunMcCune ReischauerYu ChunAs the deputy assistant attorney general in the Office of Legal Counsel OLC of the Department of Justice Yoo wrote the Torture Memos to determine the legal limits for the torture of detainees following the September 11 attacks The legal guidance on interrogation authored by Yoo and his successors in the OLC were rescinded by President Barack Obama in 2009 3 4 5 Some individuals and groups called for the investigation and prosecution of Yoo under various anti torture and anti war crimes statutes 6 7 8 9 A report by the Justice Department s Office of Professional Responsibility stated that Yoo s justification of waterboarding and other enhanced interrogation methods constituted intentional professional misconduct and recommended that Yoo be referred to his state bar association for possible disciplinary proceedings 10 11 12 13 Senior Justice Department lawyer David Margolis overruled the report in 2010 saying that Yoo and Assistant Attorney General Jay Bybee who authorized the memos had exercised poor judgment but that the department lacked a clear standard to conclude misconduct 14 12 In 2020 Yoo advised Vice President Mike Pence that he had no constitutional authority to interfere with the certification of the 2020 presidential election 15 Contents 1 Early life and education 2 Career 2 1 Early legal service 2 2 Academic career 1993 present 2 3 Bush administration 2001 2003 2 3 1 Torture memos 2 3 2 War crimes accusations 2 3 3 Warrantless wiretapping 2 4 National Board for Education Sciences 2020 3 Commentary 3 1 Unitary executive theory 3 2 Trump administration 4 Federal tort suit 5 Office of Professional Responsibility report 6 Publications 7 Bibliography 8 In popular culture 9 Personal life 10 See also 11 References 12 External linksEarly life and education EditIn 1967 Yoo was born in Seoul South Korea His parents were anti communist having been refugees during the Korean War He immigrated to the United States with his family when he was a young child and grew up in Philadelphia 16 He attended high school at Episcopal Academy graduating in 1985 Yoo matriculated at Harvard University where he majored in American history and was a member of The Harvard Crimson 17 In 1989 he graduated from Harvard with a bachelor s degree summa cum laude He then attended Yale Law School where he was a member of the Yale Law Journal graduating with a J D in 1992 18 Career EditEarly legal service Edit After law school Yoo clerked for Judge Laurence H Silberman of the U S Court of Appeals for the D C Circuit from 1992 to 1993 and for Justice Clarence Thomas of the U S Supreme Court from 1994 to 1995 He served as general counsel of the Senate Judiciary Committee from 1995 to 1996 19 Academic career 1993 present Edit Yoo has been a professor at the University of California Berkeley School of Law since 1993 where he is Emanuel S Heller Professor of Law He has written multiple books on presidential power and the war on terrorism and many articles in scholarly journals and newspapers 20 21 He has held the Fulbright Distinguished Chair in Law at the University of Trento and has been a visiting law professor at the Free University of Amsterdam the University of Chicago and Chapman University School of Law Since 2003 Yoo has also been a visiting scholar at the American Enterprise Institute a conservative think tank in Washington He wrote a monthly column Closing Arguments for The Philadelphia Inquirer 22 He has written academic books including Crisis and Command 22 Bush administration 2001 2003 Edit Yoo has been principally associated with his work from 2001 to 2003 in the Department of Justice s Office of Legal Counsel OLC under Attorney General John Ashcroft during the George W Bush Administration 23 24 6 Yoo s expansive view of presidential power led to a close relationship with Vice President Dick Cheney s office 24 He played an important role in developing a legal justification for the Bush administration s policy in the war on terrorism arguing that prisoner of war status under the Geneva Conventions does not apply to enemy combatants captured during the war in Afghanistan and held at the Guantanamo Bay detention camp 25 Torture memos Edit See also Enhanced interrogation techniques Main article Torture Memos In what was originally known as the Bybee memo Yoo asserted that executive authority during wartime allows waterboarding and other forms of torture which were euphemistically referred to as enhanced interrogation techniques 26 Yoo s memos narrowly defined torture and American habeas corpus obligations They authorized what were called enhanced interrogation techniques and were issued to the CIA 27 Yoo argued in his legal opinion that the president was not bound by the American War Crimes Act of 1996 Yoo s legal opinions were not shared by everyone within the Bush Administration Secretary of State Colin Powell strongly opposed what he saw as an invalidation of the Geneva Conventions 28 while U S Navy general counsel Alberto Mora campaigned internally against what he saw as the catastrophically poor legal reasoning and dangerous extremism of Yoo s opinions 29 In December 2003 Yoo s memo on permissible interrogation techniques also known as the Bybee memo was repudiated as legally unsound by the OLC then under the direction of Jack Goldsmith 29 In June 2004 another of Yoo s memos on interrogation techniques was leaked to the press after which it was repudiated by Goldsmith and the OLC 30 On March 14 2003 Yoo wrote a legal opinion memo in response to the General Counsel of the Department of Defense in which he concluded that torture not allowed by federal law could be used by interrogators in overseas areas 31 Yoo cited an 1873 Supreme Court ruling on the Modoc Indian Prisoners where the Supreme Court had ruled that Modoc Indians were not lawful combatants so they could be shot on sight to justify his assertion that individuals apprehended in Afghanistan could be tortured 32 33 Yoo s contribution to these memos has remained a source of controversy following his departure from the Justice Department 34 he was called to testify before the House Judiciary Committee in 2008 in defense of his role 35 The Justice Department s Office of Professional Responsibility OPR began investigating Yoo s work in 2004 and in July 2009 completed a report that was sharply critical of his legal justification for waterboarding and other interrogation techniques 36 37 38 39 The OPR report cites testimony Yoo gave to Justice Department investigators in which he claims that the president s war making authority was so broad that he had the constitutional power to order a village to be massacred 12 The OPR report concluded that Yoo had committed intentional professional misconduct when he advised the CIA it could proceed with waterboarding and other aggressive interrogation techniques against Al Qaeda suspects although the recommendation that he be referred to his state bar association for possible disciplinary proceedings was overruled by David Margolis another senior Justice department lawyer 12 In 2009 President Barack Obama issued Executive Order 13491 rescinding the legal guidance on interrogation authored by Yoo and his successors in the Office of Legal Counsel 3 4 5 In December 2005 Doug Cassel a law professor from the University of Notre Dame asked Yoo If the President deems that he s got to torture somebody including by crushing the testicles of the person s child there is no law that can stop him to which Yoo replied No treaty Cassel followed up with Also no law by Congress that is what you wrote in the August 2002 memo to which Yoo replied I think it depends on why the President thinks he needs to do that 40 War crimes accusations Edit Main article The Bush Six Further information Jus in bello Universal jurisdiction and War crimes Yoo at the Miller Center Charlottesville in March 19 2010 Glenn Greenwald has argued that Yoo could potentially be indicted for crimes against the laws and customs of war the crime of torture and or crimes against humanity 9 Criminal proceedings to this end have begun in Spain in a move that could have led to an extradition request Judge Baltasar Garzon in March 2009 referred a case against Yoo to the chief prosecutor 41 42 The Spanish Attorney General recommended against pursuing the case On November 14 2006 invoking the principle of command responsibility the German attorney Wolfgang Kaleck filed a complaint with the Attorney General of Germany Generalbundesanwalt against Yoo along with 13 others for his alleged complicity in torture and other crimes against humanity at Abu Ghraib in Iraq and Guantanamo Bay Kaleck acted on behalf of 11 alleged victims of torture and other human rights abuses as well as about 30 human rights activists and organizations The co plaintiffs to the war crimes prosecution included Adolfo Perez Esquivel Martin Almada Theo van Boven Sister Dianna Ortiz and Veterans for Peace 43 Responding to the so called torture memoranda Scott Horton noted the possibility that the authors of these memoranda counseled the use of lethal and unlawful techniques and therefore face criminal culpability themselves That after all is the teaching of United States v Altstotter the Nuremberg case brought against German Justice Department lawyers whose memoranda crafted the basis for implementation of the infamous Night and Fog Decree 44 Legal scholars speculated shortly thereafter that the case has little chance of successfully making it through the German court system 45 Jordan Paust of the University of Houston Law Center concurred with supporters of prosecution and in early 2008 criticized the US Attorney General Michael Mukasey s refusal to investigate and or prosecute anyone who relied on these legal opinions I t is legally and morally impossible for any member of the executive branch to be acting lawfully or within the scope of his or her authority while following OLC opinions that are manifestly inconsistent with or violative of the law General Mukasey just following orders is no defense 46 In 2009 the Spanish Judge Baltasar Garzon Real launched an investigation of Yoo and five others known as the Bush Six for war crimes 47 On April 13 2013 the Russian Federation banned Yoo and several others from entering the country because of alleged human rights violations The list was a direct response to the so called Magnitsky list revealed by the United States the day before 48 Russia stated that Yoo was among those responsible for the legalization of torture and unlimited detention 49 50 After the December 2014 release of the executive summary of the Senate Intelligence Committee report on CIA torture Erwin Chemerinsky then the dean of the University of California Irvine School of Law called for the prosecution of Yoo for his role in authoring the Torture Memos as conspiracy to violate a federal statute 8 On May 12 2012 the Kuala Lumpur War Crimes Commission found Yoo along with former President Bush former Vice President Cheney and several other senior members of the Bush administration guilty of war crimes in absentia The trial heard harrowing witness accounts from victims of torture who suffered at the hands of US soldiers and contractors in Iraq and Afghanistan 51 Warrantless wiretapping Edit Further information Fourth Amendment to the United States Constitution NSA electronic surveillance program and NSA warrantless surveillance controversyYoo provided a legal opinion backing the Bush Administration s warrantless wiretapping program 24 6 52 28 Yoo authored the October 23 2001 memo asserting that the President had sufficient power to allow the NSA to monitor the communications of US citizens on US soil without a warrant known as the warrantless wiretap program because the Fourth Amendment does not apply As another memo says in a footnote Our office recently concluded that the Fourth Amendment had no application to domestic military operations 53 54 55 56 57 That interpretation is used to assert that the normal mandatory requirement of a warrant under the Foreign Intelligence Surveillance Act could be ignored 54 56 In a 2006 book and a 2007 law review article Yoo defended President Bush s terrorist surveillance program arguing that the TSP represents a valid exercise of the President s Commander in Chief authority to gather intelligence during wartime 58 He claimed that critics of the program misunderstand the separation of powers between the President and Congress in wartime because of a failure to understand the differences between war and crime and a difficulty in understanding the new challenges presented by a networked dynamic enemy such as Al Qaeda Because the United States is at war with Al Qaeda the President possesses the constitutional authority as Commander in Chief to engage in warrantless surveillance of enemy activity 58 In a Wall Street Journal opinion piece in July 2009 Yoo wrote it was absurd to think that a law like FISA should restrict live military operations against potential attacks on the United States 59 National Board for Education Sciences 2020 Edit In December 2020 President Donald Trump appointed Yoo to a four year term on the National Board for Education Sciences which advises the Department of Education on scientific research and investments 60 61 Commentary EditUnitary executive theory Edit Main article Unitary executive theory Yoo suggested that since the primary task of the President during a time of war is protecting U S citizens the President has inherent authority to subordinate independent government agencies and plenary power to use force abroad 62 63 64 Yoo contends that the Congressional check on Presidential war making power comes from its power of the purse He says that the President and not the Congress or courts has sole authority to interpret international treaties such as the Geneva Conventions because treaty interpretation is a key feature of the conduct of foreign affairs 65 His positions on executive power are controversial because the theory can be interpreted as holding that the President s war powers afford him executive privileges which exceed the bounds which other scholars associate with the President s war powers 65 66 67 68 His positions on the unitary executive are controversial as well because they are seen as an excuse to advance a conservative deregulatory agenda the unitary executive theory says that every president is able to roll back any regulation passed by previous presidents and it came to prominence in the Reagan administration as a legal strategy that could enable the administration to gain control of the independent regulatory agencies that were seen as impeding the agenda of deregulating business 69 Following his tenure as an appointee of the George W Bush administration Yoo criticized certain views on the separation of powers doctrine as allegedly being historically inaccurate and problematic for the global war on terrorism For instance he wrote We are used to a peacetime system in which Congress enacts the laws the president enforces them and the courts interpret them In wartime the gravity shifts to the executive branch 70 In 1998 Yoo criticized what he characterized as an imperial use of executive power by the Clinton administration 71 In an opinion piece in the WSJ he argued that the Clinton administration misused the privilege to protect the personal rather than official activities of the President such as in the Monica Lewinsky affair 71 At the time Yoo also criticized President Clinton for contemplating defiance of a judicial order He suggested that Presidents could act in conflict with the Supreme Court but that such measures were justified only during emergencies 72 In 2000 Yoo strongly criticized what he viewed as the Clinton administration s use of powers of what he termed the Imperial Presidency He said it undermined democratic accountability and respect for the law 73 Yet Yoo has defended President Clinton for his decision to use force abroad without congressional authorization He wrote in The Wall Street Journal on March 15 1999 that Clinton s decision to attack Serbia was constitutional He then criticized Democrats in Congress for not suing Clinton as they had sued presidents Bush and Reagan to stop the use of force abroad 74 Trump administration Edit In 2019 on Fox News Yoo made the comment Some might call that espionage 75 when discussing Lt Col Alexander Vindman the top Ukraine expert on the National Security Council Vindman was set to testify in front of Congress the next day about Trump requesting that the Ukrainian president start an investigation into his political rival Joe Biden Yoo subsequently said I really regret the choice of words and that he had been referring to Ukrainian officials rather than Vindman 76 In 2020 Yoo praised Trump as a constitutional conservative 77 He wrote a 2020 book about Trump titled Defender in Chief Donald Trump s Fight for Presidential Power 78 79 During an interview on CSPAN in August 2020 Yoo defended the use of enhanced executive privilege within the Trump administration 80 He stated in a concurrent interview on CBS with Ted Koppel that his support for Trump may be guided by his possible reading of PEADs Presidential Emergency Action Documents as further supplementing his support for enhanced executive privilege during wartime and other national emergencies 81 After Trump lost his bid for re election in the 2020 United States presidential election Yoo stated in an opinion piece that the Supreme Court could decide the outcome of the election 82 Weeks later Yoo and J Michael Luttig advised Vice President Mike Pence that he had no constitutional authority to interfere with the certification of Electoral College votes in Congress on January 6 2021 as has been proposed to Pence by Trump attorney John Eastman 15 83 Federal tort suit EditOn January 4 2008 Jose Padilla a U S citizen convicted of terrorism and his mother sued John Yoo in the U S District Court Northern District of California Case Number 08 cv 00035 JSW known as Padilla v Yoo 84 The complaint sought 1 in damages based on the alleged torture of Padilla attributed to the authorization by Yoo s torture memoranda Judge Jeffrey White allowed the suit to proceed rejecting all but one of Yoo s immunity claims Padilla s lawyer says White s ruling could have a broad effect for all detainees 85 86 87 Soon after his appointment in October 2003 as chief of the Office of Legal Counsel DOJ Jack Goldsmith withdrew Yoo s torture memoranda The Padilla complaint on page 20 cited Goldsmith s 2007 book The Terror Presidency in support of its case In it Goldsmith had claimed that the legal analysis in Yoo s torture memoranda was incorrect and that there was widespread opposition to the memoranda among some lawyers in the Justice Department Padilla s attorney used this information in the lawsuit saying that Yoo caused Padilla s damages by authorizing his alleged torture by his memoranda 88 89 While the District Court ruled in favor of Padilla the case was appealed by Yoo in June 2010 On May 2 2012 the Ninth Circuit Court of Appeals held that Yoo had qualified immunity at the time of his memos 2001 2003 because certain issues had not then been settled legally by the U S Supreme Court Based on the Supreme Court s decision in Ashcroft v al Kidd 2011 the Appeals Court unanimously ruled against Padilla saying that when he was held as a detainee it had not been established that an enemy combatant had the same constitutional protections as a convicted prisoner or suspect and that his treatment had not been legally established at the time as torture 90 Retired Colonel Lawrence Wilkerson chief of staff to General Colin Powell in the Persian Gulf War and while Powell was Secretary of State in the Bush Administration has said of Yoo and other administration figures responsible for these decisions Haynes Feith Yoo Bybee Gonzales and at the apex Addington should never travel outside the US except perhaps to Saudi Arabia and Israel They broke the law they violated their professional ethical code In the future some government may build the case necessary to prosecute them in a foreign court or in an international court 91 Office of Professional Responsibility report EditThe Department of Justice s Office of Professional Responsibility concluded in a 261 page report in July 2009 that Yoo committed intentional professional misconduct when he knowingly failed to provide a thorough objective and candid interpretation of the law and it recommended a referral to the Pennsylvania Bar for disciplinary action 10 11 But David Margolis a career Justice attorney 92 countermanded the recommended referral in a January 2010 memorandum 93 While Margolis was careful to avoid an endorsement of the legal work which he said was flawed and contained errors more than minor concluding that Yoo had exercised poor judgment he did not find professional misconduct sufficient to authorize OPR to refer its findings to the state bar disciplinary authorities 93 Yoo contended that the OPR had shown rank bias and sheer incompetence intended to smear my reputation and that Margolis completely rejected its recommendations 94 Although stopping short of referral to the bar Margolis had also written Yoo s and Bybee s memoranda represent an unfortunate chapter in the history of the Office of Legal Counsel While I have declined to adopt OPR s findings of misconduct I fear that John Yoo s loyalty to his own ideology and convictions clouded his view of his obligation to his client and led him to author opinions which reflected his own extreme although sincerely held views of executive power while speaking for an institutional client 93 Margolis s decision not to refer Yoo to the bar for discipline was criticized by numerous commentators 95 96 97 98 Publications EditYoo s writings and areas of interest have fallen into three broad areas American foreign relations the Constitution s separation of powers and federalism and international law In foreign relations Yoo has argued that the original understanding of the Constitution gives the President the authority to use armed force abroad without congressional authorization subject to Congress s power of the purse that treaties do not generally have domestic legal force without implementing legislation and that courts are functionally ill suited to intervene in foreign policy disputes between the President and Congress With the separation of powers Yoo has argued that each branch of government has the authority to interpret the Constitution for itself citation needed In international law Yoo has written that the rules governing the use of force must be understood to allow nations to engage in armed intervention to end humanitarian disasters rebuild failed states and stop terrorism and the proliferation of weapons of mass destruction 99 100 101 102 103 Yoo s academic work includes his analysis of the history of judicial review in the U S Constitution 104 Yoo s book The Powers of War and Peace The Constitution and Foreign Affairs after 9 11 was praised in an Op Ed in The Washington Times written by Nicholas J Xenakis an assistant editor at The National Interest 105 It was quoted by Senator Joe Biden during the Senate hearings for then U S Supreme Court nominee Samuel Alito as Biden pressed Alito to denounce John Yoo s controversial defense of presidential initiative in taking the nation to war 106 Yoo is known as an opponent of the Chemical Weapons Convention 107 During 2012 and 2014 Yoo published two books with Oxford University Press Taming Globalization was co authored with Julian Ku in 2012 and Point of Attack was published under his single authorship in 2014 His 2017 book Striking Power How Cyber Robots and Space Weapons Change the Rules for War is co authored with by Jeremy Rabkin Yoo s latest book Defender in Chief Donald Trump s Fight for Presidential Power was published in July 2020 108 Bibliography EditYoo John 2005 The Powers of War and Peace The Constitution and Foreign Affairs after 9 11 University of Chicago Press ISBN 978 0 226 96033 3 Yoo John 2006 War by Other Means An Insider s Account of the War on Terror Atlantic Monthly Press ISBN 978 1 55584 763 0 Yoo John 2010 Crisis and Command A History of Executive Power from George Washington to George W Bush Kaplan Publishing ISBN 978 1 60714 555 4 Ku Julian Yoo John 2012 Taming Globalization International Law the U S Constitution and the New World Order co author Julian Ku Oxford University Press ISBN 978 0 19 983742 7 Archived from the original on January 31 2021 Yoo John 2014 Point of Attack Preventive War International Law and Global Welfare Oxford University Press ISBN 978 0 19 934776 6 Archived from the original on January 31 2021 Rabkin Jeremy Yoo John 2017 Striking Power How Cyber Robots and Space Weapons Change the Rules for War ISBN 978 1 59403 888 4 Yoo John July 28 2020 Defender in Chief Donald Trump s Fight for Presidential Power St Martin s Publishing Group ISBN 978 1 250 26961 4 Archived from the original on January 31 2021 a href Template Cite book html title Template Cite book cite book a CS1 maint date and year link He has also contributed chapters to other books including Berkowitz Peter 2005 Enemy Combatants and the Problem of Judicial Competence PDF Terrorism the Laws of War and the Constitution Debating the Enemy Combatant Cases Hoover Institution Press ISBN 978 0 8179 4622 7 In popular culture EditIn Vice a 2018 biographical comedy drama film about Dick Cheney Yoo is portrayed by Paul Yoo 109 In The Report a 2019 film about the Senate Intelligence Committee report on CIA torture Yoo is portrayed by Pun Bandhu 110 Personal life EditYoo is married to Elsa Arnett the daughter of journalist Peter Arnett 111 See also EditExtraordinary rendition by the United States List of law clerks of the Supreme Court of the United States Seat 10 U S Army and CIA interrogation manualsReferences Edit Past Bator Award Recipients fed soc org Archived from the original on May 19 2010 Retrieved February 5 2020 Contemporary Authors Online Thomson Gale 2008 a b White House Office of the Press Secretary January 22 2009 Executive order Interrogation USA Today Archived from the original on October 26 2012 Retrieved March 28 2013 a b Warrock Joby DeYoung Karen January 23 2009 Obama Reverses Bush Policies On Detention and Interrogation The Washington Post Archived from the original on April 13 2013 Retrieved March 28 2013 a b Arsenault Elizabeth Grimm May 8 2018 Analysis With or without Gina Haspel at CIA could Trump revive the torture program Washington Post ISSN 0190 8286 Retrieved November 8 2022 a b c Richardson John May 13 2008 Is John Yoo a Monster Esquire Archived from the original on May 2 2009 Retrieved April 21 2009 The New York Times Editorial Board December 22 2014 Opinion Prosecute Torturers and Their Bosses The New York Times Archived from the original on March 21 2020 a b Wiener Jon December 12 2014 Prosecute John Yoo Says Law School Dean Erwin Chemerinsky The Nation Archived from the original on December 19 2014 Retrieved December 15 2014 a b Greenwald Glenn April 2 2008 John Yoo s War Crimes Archived from the original on May 7 2008 Retrieved April 27 2008 a b Justice Department OPR Report U S House of Representatives Committee on the Judiciary Report July 29 2009 Archived from the original on May 8 2010 a b Department of Justice Office of Professional Responsibility July 29 2009 Investigation into the Office of Legal Counsel s Memoranda Concerning Issues Relating to the Central Intelligence Agency s Use of Enhanced Interrogation Techniques on Suspected Terrorists PDF Report United States Department of Justice Archived from the original PDF on October 26 2020 Retrieved May 29 2017 a b c d Report Bush Lawyer Said President Could Order Civilians to Be Massacred Newsweek February 19 2010 Archived from the original on September 7 2014 Hunt Kasie Justice No misconduct in Bush interrogation memos POLITICO Retrieved November 9 2022 Hunt Kasie Justice No misconduct in Bush interrogation memos POLITICO Retrieved November 8 2022 a b Baker Peter Haberman Maggie Karni Annie January 13 2021 Pence Reached His Limit With Trump It Wasn t Pretty The New York Times ISSN 0362 4331 Retrieved January 14 2021 John Yoo In His Own Words Esquire May 12 2008 Retrieved July 24 2022 A Parting Shot The Harvard Crimson February 3 1988 Archived from the original on June 12 2016 Retrieved November 18 2019 PA Attorney Information John Choon Yoo The Disciplinary Board of the Supreme Court of Pennsylvania Archived from the original on September 30 2011 Retrieved July 8 2011 Berkeley Law Faculty Profiles UC Berkeley School of Law n d Archived from the original on April 20 2015 Retrieved April 15 2015 Bibliography American Enterprise Institute Archived from the original on April 20 2009 Bibliography Social Science Research Network Archived from the original on March 15 2015 a b Yoo John December 20 2009 Closing Arguments Platitudes won t guarantee world peace American Enterprise Institute Archived from the original on March 1 2020 Barrett Paul M September 12 2005 A Young Lawyer Helps Chart Shift in Foreign Policy Prof Yoo Sees Broad Powers For Presidents at War The Wall Street Journal Archived from the original on June 4 2011 a b c Golden Tim December 23 2005 A Junior Aide had a big role in Terror Policy The New York Times Archived from the original on January 5 2021 Retrieved April 21 2009 Frontline Interview with John Yoo Frontline PBS July 19 2005 Archived from the original on August 6 2017 Retrieved September 2 2017 Stout David January 15 2009 Holder tells Senators Waterboarding is Torture The New York Times Archived from the original on April 20 2012 Retrieved April 21 2009 Bush Admits To Knowledge of Torture Authorization by Top Advisers American Civil Liberties Union Archived from the original on October 10 2009 a b Isikoff Michael May 17 2004 Memos Reveal War Crimes Warnings Newsweek Archived from the original on September 14 2009 Retrieved March 10 2009 a b Mayer Jane February 27 2006 The Memo How an Internal Effort to Ban the Abuse and Torture of Detainees was Thwarted The New Yorker Archived from the original on April 27 2009 Retrieved April 22 2009 Rosen Jeffrey September 9 2007 Conscience of a Conservative The New York Times Magazine Archived from the original on December 9 2008 Retrieved April 23 2009 Isikoff Michael April 5 2008 A Top Pentagon Lawyer Faces a Senate Grilling On Torture Newsweek Archived from the original on January 15 2012 Retrieved January 18 2013 Nick Estes January 11 2017 Indian Killers Crime Punishment and Empire The Red Nation Archived from the original on May 11 2019 Retrieved May 10 2019 Consider former Deputy Assistant Attorney General John Yoo s 2003 torture memos in support of torture in the War on Terror As Chickasaw scholar Jodi Byrd notes Yoo cited the 1873 Modoc Indian Prisoners Supreme Court opinion that justified the murder of Indians by U S soldiers All the laws and customs of civilized warfare the Court opined may not be applicable to an armed conflict to Indian tribes on our Western frontier Indians were legally killable because they possessed no rights as enemy combatants as it is with those now labeled terrorist Roxanne Dunbar Ortiz 2014 An Indigenous Peoples History of the United States Beacon Press ISBN 9780807000410 Archived from the original on January 31 2021 Retrieved May 10 2019 Drawing a legal analogy between the Modoc prisoners and the Guantanamo detainees Assistant US Attorney General Yoo employed the legal category of homo sacer in Roman law a person banned from society excluded from its legal protections but still subject to the sovereign s power Anyone may kill a homo sacer without it being considered murder To buttress his claim that the detainees could be denied prisoner of war status Yoo quoted from the 1873 Modoc Indian Prisoners opinion Lithwick Dahlia March 19 2010 It s Not Me It s Yoo Slate Archived from the original on November 5 2018 Retrieved March 22 2010 Eggen Dan June 27 2008 Bush Policy authors defend their actions The Washington Post Archived from the original on November 7 2012 Retrieved April 22 2009 Shane Scott February 16 2009 Justice Dept to Critique Interrogation Methods Backed by Bush Team The New York Times Archived from the original on May 31 2015 Retrieved April 22 2009 Shane Scott February 23 2009 Waterboarding Focus of Inquiry by Justice Dept The New York Times Archived from the original on April 25 2009 Retrieved April 22 2009 Johnston David Scott Shane May 6 2009 Interrogation Memos Inquiry Suggests no Charges The New York Times Archived from the original on August 21 2011 Retrieved May 6 2009 OPR Final Report PDF Committee on the Judiciary July 29 2009 Archived from the original PDF on July 28 2011 Retrieved July 4 2011 Hentoff Nat July 3 2007 Architect of Torture The Village Voice Archived from the original on May 5 2015 Retrieved January 8 2015 Borger Julian March 29 2009 Spanish judge to hear torture case against six Bush officials The Guardian Archived from the original on January 26 2021 Retrieved February 5 2020 Rucinski Tracy March 28 2009 Spain may decide Guantanamo probe this week Reuters Archived from the original on April 26 2009 Retrieved March 29 2009 Zagorin Adam November 10 2006 Charges Sought Against Rumsfeld Over Prison Abuse Time Archived from the original on December 30 2020 Retrieved February 5 2020 Abraham David May 2007 The Bush Regime from Elections to Detentions A Moral Economy of Carl Schmitt and Human Rights University of Miami Legal Studies University of Miami Law School SSRN 942865 Archived from the original on May 23 2020 via SSRN Purvis Andrew November 16 2006 Report on lawsuit against Yoo et al Time Archived from the original on August 30 2008 Retrieved February 5 2020 Paust Jordan February 18 2008 Just Following Orders DOJ Opinions and War Crimes Liability Jurist Archived from the original on February 1 2020 Retrieved February 5 2020 Simons Marlise March 28 2009 Spanish Court Weighs Inquiry on Torture for 6 Bush Era Officials The New York Times Archived from the original on December 8 2020 Retrieved February 5 2020 Russia hits back at US with its own blacklist Al Jazeera Archived from the original on April 15 2013 Retrieved April 13 2013 Barry Ellen April 13 2013 Russia Bars 18 Americans After Sanctions by U S The New York Times Archived from the original on April 14 2013 Retrieved April 13 2013 Englund Will April 14 2013 Russia retaliates against U S bans American officials The Washington Post Archived from the original on April 14 2013 Retrieved April 13 2013 Ridley Yvonne May 12 2012 Bush Convicted of War Crimes in Absentia Foreign Policy Journal Archived from the original on March 22 2017 Retrieved March 21 2017 Shapiro Walter February 23 2006 Parsing Pain Salon com Archived from the original on March 7 2008 Retrieved April 21 2009 Opsahl Kurt 2009 Bush Administration Claimed Fourth Amendment Did Not Apply to NSA Spying Electronic Frontier Foundation Archived from the original on March 6 2009 Retrieved March 2 2009 a b Weiss Debra Cassens April 4 2008 DOJ Endorsed Terrorism Exception to 4th Amendment in Another Disavowed Memo ABA Journal American Bar Association Archived from the original on April 8 2008 Bush Administration Memo Says Fourth Amendment Does Not Apply To Military Operations Within U S ACLU April 2 2008 Archived from the original on October 24 2009 a b Hess Pamela Jordan Lara Jakes April 3 2008 Memo linked to warrantless surveillance Associated Press Archived from the original on April 12 2008 Opsahl Kurt April 2 2008 Administration Asserts No Fourth Amendment for Domestic Military Operations Electronic Frontier Foundation Archived from the original on February 27 2017 a b Yoo John C March 27 2007 The Terrorist Surveillance Program and the Constitution Geo Mason L Rev 14 565 SSRN 975333 Archived from the original on January 10 2020 Yoo John July 16 2009 Why We Endorsed Warrantless Wiretaps The Wall Street Journal p A13 Archived from the original on August 6 2017 Sparks Sarah D December 14 2020 Researchers Balk at Trump s Last Minute Picks for Ed Science Board Education Week Archived from the original on January 26 2021 Retrieved December 18 2020 Mervis Jeffrey December 11 2020 Researchers decry Trump picks for education sciences advisory board Science AAAS Archived from the original on January 7 2021 Retrieved December 18 2020 Blumenthal Sidney January 12 2006 George Bush s rough justice The career of the latest supreme court nominee has been marked by his hatred of liberalism The Guardian Archived from the original on November 9 2020 Garbus Martin January 20 2006 How Close Are We to the End of Democracy The Huffington Post Archived from the original on June 10 2008 Slevin Peter December 26 2005 Scholar Stands by Post 9 11 Writings On Torture Domestic Eavesdropping The Washington Post Archived from the original on April 25 2010 a b An interview with John Yoo author of The Powers of War and Peace The Constitution and Foreign Affairs after 9 11 University of Chicago Archived from the original on January 16 2006 A Wunnerful Wunnerful Constitution John C Yoo Notwithstanding After Downing Street December 9 2005 Archived from the original on September 19 2008 The Unitary Executive in the Modern Era 1945 2001 PDF Archived from the original PDF on February 8 2006 Vanderbilt University Blumenthal Sidney January 12 2006 Meek mild and menacing Salon com Archived from the original on April 30 2008 Ellis Richard 2017 Resolved The Unitary Executive is a Myth In Nelson Michael ed Debating the Presidency Conflicting Perspectives on the American Executive CQ Press pp 15 17 ISBN 978 1506344485 Archived from the original on January 31 2021 Egelko Bob September 10 2006 9 11 Five years later Bush continues to wield power San Francisco Chronicle p E 2 Archived from the original on November 9 2020 Retrieved February 5 2020 a b Yoo John C March 2 1998 A Privileged Executive The Wall Street Journal Archived from the original on July 11 2017 Retrieved April 5 2008 Yoo John July 20 1998 Subpoenaing the President The Wall Street Journal Archived from the original on July 11 2017 Yoo John 2000 The Imperial President Abroad In Pilon Roger ed The Rule of Law in the Wake of Clinton Cato Institute p 159 ISBN 9781930865037 Archived from the original on January 31 2021 Yoo John March 15 1999 Opinion War Powers Where Have All the Liberals Gone The Wall Street Journal Archived from the original on July 10 2017 Feldman Josh October 29 2019 Fox News Panel Heavily Speculates About Alexander Vindman Mediaite Archived from the original on November 12 2020 Retrieved October 29 2019 Mazza Ed October 31 2019 Fox News Guest Regrets Explosive Espionage Claim Admits Trump Quid Pro Quo Huffington Post Archived from the original on February 15 2020 Saunders Debra J August 2 2020 Trump meets with John Yoo at White House Las Vegas Review Journal Archived from the original on September 28 2020 Retrieved August 3 2020 Borger Julian July 20 2020 Trump consults Bush torture lawyer on how to skirt law and rule by decree the Guardian Archived from the original on December 19 2020 Retrieved August 3 2020 Defender in Chief US Macmillan Archived from the original on October 24 2020 Retrieved August 3 2020 Executive Power and the Constitution www c span org August 3 2020 Archived from the original on September 13 2020 Retrieved January 29 2021 Cohen Deirdre August 16 2020 Givnish Ed ed Rewriting the limits of presidential powers www cbsnews com Archived from the original on January 2 2021 Retrieved January 29 2021 Yoo John November 6 2020 John Yoo Trump Biden presidential race could be decided by Pennsylvania case before Supreme Court Fox News www foxnews com Archived from the original on December 25 2020 Retrieved January 29 2021 Naham Matt January 13 2021 These Are the Lawyers Who Told Mike Pence That Despite Trump s Pressure Campaign VP Had No Power to Overturn Election Results Law and Crime Yoo John January 19 2008 Opinion Terrorist Tort Travesty The Wall Street Journal p A13 Archived from the original on February 11 2015 Retrieved February 10 2008 Last week I a former Bush administration official was sued by Jose Padilla a 37 year old al Qaeda operative convicted last summer of setting up a terrorist cell in Miami Padilla wants a declaration that his detention by the U S government was unconstitutional 1 in damages and all of the fees charged by his own attorneys American Civil Liberties Union April 22 2009 Index of Bush Era OLC Memoranda Relating to Interrogation Detention Rendition and or Surveillance PDF Archived PDF from the original on July 22 2011 Retrieved June 16 2009 White Jeffrey S June 12 2009 Order Denying in Part and Granting in Part Defendant s Motion to Dismiss Document 68 in Jose Padilla and Estela Lebron v John Yoo case No C 08 00035 JSW Archived from the original on February 5 2020 Retrieved February 5 2020 Schwartz John June 13 2009 Judge Allows Civil Lawsuit Over Claims of Torture The New York Times Archived from the original on January 25 2021 Retrieved June 14 2009 Anderson Curt January 4 2008 Padilla sues ex Bush Official over memos Associated Press Archived from the original on January 7 2008 Retrieved February 10 2008 Cassel Elaine January 4 2008 Jose Padilla s suit against John Yoo an interesting idea but will it get far FindLaw Archived from the original on May 13 2008 Retrieved February 10 2008 Padilla v Yoo 678 F 3d 748 2012 20120502152 Leagle Archived from the original on February 26 2020 Retrieved January 31 2021 Norton Taylor Richard April 19 2008 Top Bush aides pushed for Guantanamo torture The Guardian London Archived from the original on March 25 2017 Retrieved April 27 2008 Smith R Jeffrey February 28 2010 Lessons from the Justice Department s report on the interrogation memos The Washington Post Archived from the original on June 4 2011 Retrieved February 28 2010 a b c Margolis David January 5 2010 Memorandum of Decision Regarding the Objections to the Finding of Professional Misconduct in the Office of Professional Responsibility s Report of Investigation into the Office of Legal Counsel s Memoranda Concerning Issue Relating to the Central Intelligence Agency s Use of Enhanced Interrogation Techniques on Suspected Terrorists PDF U S House of Representatives House Committee on the Judiciary Archived from the original PDF on May 5 2010 Yoo John February 24 2010 Opinion My Gift to the Obama Presidency The Wall Street Journal Archived from the original on August 6 2017 Luban David February 22 2010 David Margolis Is Wrong Slate Archived from the original on December 1 2018 Retrieved December 1 2018 Lithwick Dahlia February 22 2010 Torture Bored How we ve erased the legal lines around torture and replaced them with nothing Slate Archived from the original on December 1 2018 Retrieved December 1 2018 Cole David D 2010 The Sacrificial Yoo Accounting for Torture in the OPR Report Journal of National Security Law amp Policy 4 477 Archived from the original on December 1 2018 Retrieved December 1 2018 Horton Scott February 24 2010 The Margolis Memo Harper s Magazine Archived from the original on December 2 2018 Retrieved December 1 2018 Nzelibe Jide Yoo John March 30 2006 Rational War and Constitutional Design Yale Law Journal 115 9 2512 doi 10 2307 20455704 JSTOR 20455704 S2CID 153917284 via Social Science Research Network a href Template Cite journal html title Template Cite journal cite journal a CS1 maint date and year link Yoo John 2004 War Responsibility and the Age of Terrorism Stanford Law Review 57 3 793 823 JSTOR 40040189 via JSTOR Yoo John C 1999 Globalism and the Constitution Treaties Non Self Execution and the Original Understanding Columbia Law Review 99 8 1955 2094 doi 10 2307 1123607 JSTOR 1123607 Archived from the original on July 9 2009 Yoo John C June 1 2004 Using Force University of Chicago Law Review 71 729 SSRN 530022 Archived from the original on February 4 2020 Yoo John C Ku Julian January 23 2005 Beyond Formalism in Foreign Affairs A Functional Approach to the Alien Tort Statute Supreme Court Review 2004 SSRN 652141 Archived from the original on October 24 2020 Prakash Saikrishna Yoo John 2003 The Origins of Judicial Review University of Chicago Law Review 70 3 887 982 doi 10 2307 1600662 JSTOR 1600662 via JSTOR Xenakis Nicholas J October 25 2005 Congress goes wobbly The Washington Times Archived from the original on October 25 2020 Retrieved February 5 2020 Bessette Joseph M Spring 2006 The War Over the War Powers Claremont Review of Books Archived from the original on April 10 2007 The U S Debate Over the CWC Supporters and Opponents The Henry L Stimson Center 2007 Archived from the original on June 9 2007 Retrieved August 9 2008 Yoo John 2020 Defender in Chief Donald Trump s Fight for Presidential Power St Martin s Publishing Group ISBN 978 1 250 26961 4 Archived from the original on January 31 2021 Vice 2018 Full Cast amp Crew IMDb Archived from the original on October 26 2020 Retrieved January 31 2021 The Report 2019 Full Cast amp Crew IMDb Archived from the original on January 31 2021 Retrieved February 22 2020 Williams Carol J March 29 2010 In Berkeley Yoo feels at home as a stranger in a strange land Los Angeles Times Archived from the original on April 1 2010 Retrieved March 30 2010 Arnett is the daughter of journalist Peter Arnett External links Edit Wikimedia Commons has media related to John Yoo Appearances on C SPAN John Yoo on Charlie Rose John Yoo at IMDb John Yoo collected news and commentary at The New York Times 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