No, Yoo shouldn't be made a scapegoat. He should be made a codefendant.
And in an ideal world, he would be.
However, here in the real world he still has his tenure, can sit back comfortably and await the full pardon that Bush will surely bestow as his last dollop of Presidential largesse, and be secure in the knowledge that he helped irrevocably change America for the worse.
He probably sleeps quite well at night.
I seem to recall a quote that reads "The right people never get hurt." And it's true.
It's not only torture. It's the Patriot Act. It is the whole system of laws and regulations written to fortify the dictatorial aspirations of this administration.
If this guy was writing memos for some other government we didn't like the truth would come out free and easy.
Fire and try the torturer Yoo. And then fire the person that hired him.
Actually, since he's working at a state school, he has to swear a loyalty oath to the Constitution (a charming legacy from the 1950s).
Can Berkley fire him for failing to uphold and defend the Constitution? He's signed the affidavent to get paid. SOP in state u's....
Just askin....since I have signed two for two differing state schools in two differing states.
Yoo deserves the treatment he advocates for those who oppose the United States.
At a minimum, the ABA should be asking him, in front of a professional review board, why he should keep his bar license. I hear that there are some JAGs lawyers (serving and retired) who'd be happy for such a review to take place!
California tax payers, especially those close to the action in Berkeley, should be asking why their tax dollars continue to support this rogue.
All of us should be ashamed that this took place under our watch as citizens.
SP
What gets me about this chap, other than, as a new immigrant, telling the rest of the settled population how the US constitution 'should be', is his obvious authoritarianism....... and how he's employed at a distinguished school as a lawyerly professor. I can only hope that UC Berkeley is feeling the heat.
the architect can always get and keep a job. see Yoo.
now, the enforcer, that's a different story. see Gonzalez.
Don't just fire his ass - put him on your No-Fly Watch List & serve him with a court order not to leave the country. If he knew the torture would result in deaths, & if any such can be documented, that's Murder One.
Not only should Bush's pardons be rescinded, but they should count as charges of criminal conspiracy.
After that, you needn't send Yoo to The Hague - he can receive his just desserts right at home. This man, surely, cannot plead ignorance in his defence, as he knew what the law was when he chose to subject it to his psychopathic "reinterpretation" a la Himmler.
He should be disciplined for shoddy legal reasoning.
When you read his memos, you quickly come to the conclusion that he is either trying very hard to rationalize torture or he's just not that sharp a legal mind. Either of them is very bad in a law professor.
I'm a little wary of firing professors for their output, even when it's as noxious as this, but if I was a student at Boalt (or whatever they're calling it now), I'd be brainstorming ways to make his employment there as unpleasant as possible.
"disciplined" "Disbarred" "Fired" "Co-defendant" "Barred from foreign travel"
How quaint. What *should* happen, of course, is that he (and others) suddenly disappear... and no-one, not even his closest kin know what became of him. Until, maybe, long after.
But they're never 100% sure, you know?
Torture is wrong.
Not to blogwhore, but I make the point that his actions were declared war crimes in 1949 with the "Judge's Trial".
It's the trial upon which the movie "Judgement at Nuremberg" is loosely based.
It's all the fault of those damned Eskimos.
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