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Yoo: Justice Department Won't Let Me Talk
You didn't think that John Yoo would come easily, did you?
Earlier this month, House Judiciary Committee Chair John Conyers (D-MI) invited Yoo to testify to the committee about his time as the administration's point man for authorizing the use of torture in interrogations. Now Yoo, through his lawyer, is saying that he's not coming:
In a letter, Yoo's lawyer told Conyers he was "not authorized" by DOJ to discuss internal deliberations."We have been expressly advised by the Office of Legal Counsel of the United States Department of Justice that Professor Yoo is not authorized to discuss before your Committee any specific deliberative communications, including the substance of comments on opinions or policy questions, or the confidential predecisional advice, recommendations or other positions taken by individuals or entities of the Executive Branch," Yoo's lawyer, John C. Millian, wrote in a letter to Conyers.
Conyers has already said that a subpoena would be forthcoming if Yoo did not voluntarily agree to appear.
And it's not as if Yoo's appearance would be unprecedented. Earlier this year, the current head of the Office of Legal Counsel Steven Bradbury testified before the committee and freely discussed the Office's thinking on the matters of torture, waterboarding, and other touchy topics. And as Conyers pointed out in his letter inviting Yoo to testify, Yoo has made the rounds with the media, giving extensive interviews with Esquire and Frontline, among others.













I'm shitting myself in shock!
April 23, 2008 2:40 PM | Reply | Permalink
Yoo subpoena watch is on. Conyers is usually pretty quick on 'em. What time does he usually finish lunch?
April 23, 2008 2:41 PM | Reply | Permalink
Sorry to say, but our guys either have no clue how to play ball with the Bushits, or they have some complicity to the matter.
Indeed, here's the pattern: John Conyers writes a polite invitation letter to a Bushit (in this case, Yoo), gives him/her a few weeks to respond (heck, he probably included an RSVP in a SASE.)
Bushit responds on the last day of the allotted time, declining the invite - under divine instructions straight from some third rate bureaucrat within the Administration.
John Conyers rinses and repeats -- this time with the said bureaucrat, letting the process drag for another couple of weeks. By the time subpoenas are issued, Congress adjourns for one of its countless breaks, and so on and so on, until the Repugs run out the clock.
Why the hell can't he start with the subpoenas? Repugs would have done it a New York second, if they were in control.
Based on how lamely they pursue this, my hunch is the Dems are less than eager to get to the bottom of L'Affair Yoo, or the numerous other Bushit war crimes/civil rights violations.
It's time for conspiracy theories.
April 23, 2008 8:14 PM | Reply | Permalink
OOOHHH....a big bad non-enforcible subpoena..that will scare 'em!!
April 23, 2008 2:43 PM | Reply | Permalink
So "executive privilege" is becoming "executive branch privilege?"
April 23, 2008 2:54 PM | Reply | Permalink
He doesn't work for 'em any longer so the idea that he is prohibited from speaking is a lie. They have no power to stop him.
April 23, 2008 2:57 PM | Reply | Permalink
well, there WAS that blood oath where he swore fealty to Bush, just like the one Monica Goodling apparently took.
Omerta... it's not just for mafia thugs anymore.
April 23, 2008 3:27 PM | Reply | Permalink
Is there anything to prevent having these investigations after the next Congress and administration is in place?
Unfortunately, the Constitution does not EXPLICITLY give Congress the power to compel testimony and this is being exploited. Laws have been passed that do that and they have generally upheld by the court. However, Congress then has to rely on the Executive branch to enforce subpoenas. This DoJ obviously will not do that and all that is left is impeachment, which is extremely difficult given the current composition of the Senate.
Conyers and Waxman could be viewed as doing a lot of ground work. I doubt that McCain, should he win in November, is going to have a carefully worked out game plan or VP like Cheney. Is there any reason to believe that McCain has much to gain by protecting members of the prior administration?
The above are just things to consider. Bush will leave office. There will be a different Congress. What is now not possible, may become possible (and vice versa).
April 23, 2008 3:13 PM | Reply | Permalink
Couldn't they detain him as an enemy of the Constitution and obtain his testimony through torture? Say, slow starvation while in Congressional custody. It's not like it's organ failure or anything....
Sorry, this smug little weasel ticks me off.
April 23, 2008 5:58 PM | Reply | Permalink
Should McCain; Perish the Thought, win in November he will have the A.E.I. and his cadre of K-Street operatives appease. His game plan will have been carefully worked out for him. Members of the prior administration will have to be protected. They will be his puppet-masters; based in Dubai. It's an integral part of the consolidation and expansion of the power of the Executive Branch. This is central to the "Project for the New American Century." It's a pillar of the fascist's plan for the extension of control of the United States to the Military Industrial-Corporate Infotainment-Media Complex, which is now a multi-national entity.
April 24, 2008 12:52 PM | Reply | Permalink
They could always tell him that his legal counsel does not apply in this situation, and have the Sergeant At Arms go round him up and deliver him to testify bound in chains.
April 23, 2008 3:20 PM | Reply | Permalink
Do like the gop did to Clinton.
Send out thousands of subpoenas.
April 23, 2008 3:23 PM | Reply | Permalink
Given the amount of public discourse Yoo has already participated in, frankly..I'm amazed he's still breathing.
April 23, 2008 3:27 PM | Reply | Permalink
Waterboard the fucker.
April 23, 2008 3:28 PM | Reply | Permalink
(he'll talk)
April 23, 2008 3:29 PM | Reply | Permalink
Oh boy, is this great!
April 23, 2008 3:31 PM | Reply | Permalink
should we start a pool on the first rightard blogger to accuse Woo opponents of anti-Asian bigotry?
my money's on Malkin.
April 23, 2008 3:33 PM | Reply | Permalink
To hell with the anti-Asian bigotry. Maybe we should start to whip up some anti-American bigotry. Who knows, it might just do some good.
April 23, 2008 3:41 PM | Reply | Permalink
The funny thing is, the DOJ didn't stop him from talking to FRONTLINE. http://www.pbs.org/wgbh/pages/frontline/torture/interviews/yoo.html
April 23, 2008 3:43 PM | Reply | Permalink
Oh, duh, last sentence of the article. How observant of me.
April 23, 2008 3:44 PM | Reply | Permalink
And he'll just ignore the subpeona.
April 23, 2008 3:44 PM | Reply | Permalink
There's a commercial for something where the guy fixes a leak in a dam with a piece of chewing gum. "That oughta do it."
The Bush history looks like a dam with a thousand leaks, all plugged with chewing gum. Sooner or later, the deluge.
The regime knows this. Leaving office won't (shouldn't) save them.
What are their plans?
April 23, 2008 4:00 PM | Reply | Permalink
Pardons for everyone! We can't criminalize differences in political opinions.
April 23, 2008 9:15 PM | Reply | Permalink
There is a very simple and straightforward process to end all this stonewalling. It's called impeachment, which removes the cover of "Executive Priviledge". History is going to look back on these times and determine that Nancy Pelosi was a fool! We might not get to the point that we actually obtain a removal from office from the Senate, but we can certainly get to the truth. And if the rethugs want to protect "their president" in light of the numerous crimes of this administration, they will do so at their own peril. It's time to put impeachment back on the table! Are you listening Nancy?
April 23, 2008 5:09 PM | Reply | Permalink
Was she a, "Fool," or a 'Tool'?
April 24, 2008 1:19 PM | Reply | Permalink
Impeachment is never going to happen to this lot. You're assuming the Dem leadership has balls. False assumption. They're cowards. Der Gropinator was right when he called them Girly Men. There's a reason people like me will never again register as anything but "I". Screw the D's and R's.
April 23, 2008 5:37 PM | Reply | Permalink
Yeah, but Yoo gave interviews on his terms, not theirs.
Yoo's following schoolyard rules. He shouted, "Not included" when he got Conyers' letter.
Nyah, nyah!
April 23, 2008 5:39 PM | Reply | Permalink
Congress has an interested in reviewing this: According to these records, Yoo's lawyer's Bar Status is "inactive".
- Why is someone with an "inactive" status representing Yoo before Congress with written memoranda?
- What are the plans to inquire why Yoo's lawyer has written this memo to Congress in apparent "unathorized" practice of law?
- How can someone with an "inactive" status before the bar represent Yoo in California; is Yoo's counsel's status through the DC bar, despite Yoo's counsel's office being in Los Angeles?
April 23, 2008 5:46 PM | Reply | Permalink
I'm waiting for the "strongly worded letter." He could get Leahy to help draft it.
April 23, 2008 5:56 PM | Reply | Permalink
Bush will probably pardon the lot his last day in Office, then resign and let Cheney pardon him!
That will eliminate any domestic criminal liability, though it shouldn't bar congressional inquiry into the wholesale illegality that Bush and Co. are culpable for. (Hey, they can't plead the 5th).
My consolation is the real risk of international war crimes prosecution these scum face should they leave the US as private citizens. Serves 'em right.
April 23, 2008 5:58 PM | Reply | Permalink
I wonder what would happen to the typical guy that refused to give testimony to Congress or the Courts, just saying, "Oh, I'd rather not." Why doesn't Congress put some teeth in getting answers from these criminals? I hope the next Administration drags everyone of these creeps in and puts them in the wringer.
April 23, 2008 6:22 PM | Reply | Permalink
Yoo hoo...all-ee all-ee in come free! Conyers needs to subpoena this war criminal, and when he says, again, no...sorry, I can't come, Conyers needs to call for a committee vote for inherent contempt. Send a couple of Marshals to Berkeley, grab the little prick in the middle of exams, and fly him back to a cell in the Capitol.
Then they do the same to Turdblossom and Harriet.
April 23, 2008 6:39 PM | Reply | Permalink
Can someone seriously explain why Pelosi was picked in the first place?
We sure didn't need help winning anything in California, it is painful to hear her speak and those "runaway bride" eyes keep me up at night.
April 23, 2008 6:50 PM | Reply | Permalink
PERFECT description of our idiot speaker!
April 23, 2008 11:14 PM | Reply | Permalink
testing ,
What recourse would CA State Attorney General Brown have in compeling Yoo to testify before some type of state judicial court - would there be any state statutes that may have been violated by Yoo writing the torture memos & then apparently being complicit in covering up the torture of the detainees ? Are there any California born detainees that have been subject to torture? Could not the California chapter of the National Lawyers Guild start the state judicial proceedings regarding state laws broken by Yoo. And then would not such proceedings held by AG Brown be a vehicle to start state impeachment proceedings against Mukasey ( I think our dear friend gsb 327 bill/james - tried to misdirect me when he said that state ag 's have no juridiction over federal officials re-impeachment proceedings- but in point of fact a State Attorney General can start an investigation , do discovery , then pass it off to Congress for a full impeachment hearing yes ? ) There just must be some way to get at the these allegations of war crimes that have been committed in We the People's name -
And lets not forget the Yoo memo that says its ok that Bushcheney send United States Armed fORCES members into my domocile with no warrant & no redress in search of terrorist - By golly them's fighting words down here in the Southwest (Paging Libertarian Presidential Candidate Bob Barr! )
April 23, 2008 7:20 PM | Reply | Permalink
State AG's can prosecute a sitting President. Yoo can be compelled to answer charges in re his memoranda. They are allegedly illegal, and he cannot invoke "executive privilege", only the President can do that. Yoo could be prosecuted for war crimes by the State AG. Illegal outcomes, attached to frivolous legal arguments, can attach to legal counsel making those written statements.
State AG Brown has duty to enforce state laws, the US Constitution, and Geneva Conventions against State licensed attorneys. Brown is not obliged to follow Congress/DOJ in refusing to enforce the laws; rather, he can independently prosecute Members of Congress who obstruct his investigation.
Possible, US citizens have been rendered:
Yes, lawyers have a duty to enforce Geneva, US Constitution, and oath of office:
State AGs can prosecute anyone violating State laws, US Constitution, or Geneva Conventions, even a sitting President:
Not true, State AGs and local prosecutors may prosecute federal officials outside impeachment; and/or pass off information to Congress and international tribunals:
Writ of mandamus, can be basis for an arrest warrant, as Vermont has voted on:
FBI agents can be prosecuted for war crimes, and evidence destruction; especially when NSLs have been used to intimidate legal counsel, press, and citizens from reporting evidence of DOJ complicity with war crimes planning. No statute of limitations. Also the CIA contractors.
Once CIA has admitted that it was discussing issues with DOJ OLC on rendition, then this destroys their argument about the tape destruction. See article on 7,000 CIA FOIA pages disclosed. That's not enough; there are many more reams of files required to coordinate this worldwide effort.
April 23, 2008 11:47 PM | Reply | Permalink
Bullshit!
April 23, 2008 8:14 PM | Reply | Permalink
Arrest this man!
April 23, 2008 8:42 PM | Reply | Permalink
How about if we just keep all of these as open ongoing investigations until we can get US Attorney General fITZPATRICK sworn in as 2009 . With Special pROSECUTOR Bob Barr making criminal referrals to the Hague !!
April 23, 2008 9:06 PM | Reply | Permalink
Recall, Italy has continued with the rendition war crimes trials. They've seen the US is not serious about prosecuting war crimes. Had the US shown it was serious about enforcing Geneva, foreign prosecutors might have deferred to the US courts. Not now. See the 7,000 CIA pages in re rendition; and reconsider the basis for CIA tape destruction. DOJ OLC coordination with CIA on rendition shows CIA knew the tapes should have been retained: They were part of foreseeable, discussed future investiations. This is very serious: Raises real issues of war crimes evidence destruction.
April 23, 2008 11:52 PM | Reply | Permalink
Indict this treasonous prick now!
April 23, 2008 11:13 PM | Reply | Permalink
Whether DOJ OLC does or does not "approve" Yoo's cooperation is irrelevant: International War crimes issues have no statute of limitations. However, because 25% of DNC plan to oppose either Obama or Clinton, and support McCain, those 25% are saying, "We want McCain to block war crimes investigations." Time to ask whether you really trust the DNC 25% who have higher loyality to blocking enforcement of Geneva: McCain could very well keep Mukasey as AG. It's premature to act as if the DNC is going to win the White House. Congerss needs to impeach Yoo. The Senate may throw the case out, but an impeachment "proceeding" would deny Yoo of any chance of a pardon for violations of United States laws. If Congress mucks this up, might as well throw the cases to Italy or The Hague.
April 23, 2008 11:57 PM | Reply | Permalink
I would sincerely like to think that the Democratic invertebrates in Congress have a plan, namely that they will wait until after the election to start prosecuting these scumbags in order to avoid presidential pardons. I would like to think that. What have I been smoking? The more likely explanation is that the Dems are simply complicit in a plot to dismantle the Constitution. Much more likely. I don't really expect any change if the Dems get an even larger majority. They are in love with the status quo.
April 24, 2008 4:00 AM | Reply | Permalink
testing
Even if Congress did choose to impeach Yoo - how can the Congress start impeachment proceedings against a private citizen -that is no longer in public service ?
And pjwhite530 - we might have to wait two election cycles to get real representation in Congress- but Madam Speaker, Harmon , et al will have primary opponets in 2010 if the Constitution is not duly protected after the 2008 impending democratic election is fully realized. Look what occurred to Congressman Wynn this primary season - The public is slowly but surely waking up to the real crimes that gwb43 have committed and the real threat they pose to our country ...
April 24, 2008 4:49 AM | Reply | Permalink
testing,
Concerning your earlier post on "unauthorized practice of law", a few years ago Bush appointed a certain judge to the D.C. Circuit Court of Appeals who repeatedly failed to maintain active bar status while practicing law. When I contacted the Senate Judiciary Committee during this individual's confirmation hearings to express my concerns, I was informed by one of Senator Leahy's disgusted legislative assistants that the confirmation was a "done deal" due to the efforts of a certain legislator from Nevada and a bipartisan group of individuals who wanted to avoid a nuclear option vote. A few days later, the "Gang of Fourteen" story broke and this judge sailed through the rest of the confirmation process. So much for professional responsibility, eh?
April 24, 2008 9:02 AM | Reply | Permalink
I assure you, having been a crime victim who involuntarily witnessed first hand:
--TORTURE WITH A DIRECTED ENERGY WEAPON IN MY HOME;
--WARRANTLESS BREAKIN, AND INVOLUNTARY SURGICAL PROCEDURE (installation of the NSA Mind Control RFID chip shown on my stolen x-rays) WITH THE ILLEGAL FELONIOUS INSERTION OF A CONTROLLED SUBSTANCE to knock me out;
--SLEEP DEPRIVATION AND SUBLIMINAL PROGRAMMING AS PART OF SIOUX FALLS, SD, COUNTERINTEL SPECIAL AGENT STEVEN PLUTA's ILLEGAL AND UNCONSTITUTIONAL SUBLIMINAL DEBRIEFING;...
1) These neocons are at the end of their rope, and they "make their plans ad hoc" without thinking about future consequences.
2) The Dems in The Senate are a joke...all bought off, extorted, mind controlled, or coerced.
3) The state Atty Generals are like South Dakota's GOP punks (LARRY LONG, MARK BARNETT, DONALD SRSTKA)...in that, they are all GOP stooges who "will not breach national security" to do their jobs. (3 SOUTH DAKOTA MURDERS OF MY KNOWN ASSOCIATES, and 4 attempted murders).
4) Cheney's planning was revealed a while ago...when somehow...THE US AIR FORCE lost a cruise missile...and several USAF personnel mysteriously died from natural cause deaths.
5) The YOO MEMO cannot be understood, with knowing the facts in my case, and "how Torture with NSA Mind Control and DEW" was used to snuff out a Daschle led congressional hearing into the Montana drug conspiracy with money laundered into GOP campaigns by Racicot (GOP Treasurer, former GOP Gov of Montana, number 2 behind Gonzalez on the list after Ashcroft bit the dust...See, my Daschle Campaign Memo illegally seized off of my computer by NSA/CIA/FBI (?).
April 24, 2008 11:10 AM | Reply | Permalink
A subpoena? What the hell good does that do? The Bushites can challenge that to the Supreme Court, where Bush's Unstoppable Five will protect him the evils of the Constitution.
Face it: we will never get justice for the last eight years. Never.
April 24, 2008 3:30 PM | Reply | Permalink