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Only Yoo: Report Details Bush White House Use Of Hand-Picked DOJ Lawyer To Justify Warrantless Wiretapping
The fact that John Yoo was the only Justice Department OLC official who was "read into" the surveillance program -- even though he wasn't the head of OLC at the time -- has already been noted by others looking through the inspectors general report on the program released last week.
But one excerpt from the report is worth paying particular attention to, since it underlines the special role that Yoo came to play on the White House's behalf.
Referring to Jay Bybee, who ran OLC at the time and therefore was Yoo's supervisor, the report says:
Bybee described Yoo as "articulate and brilliant" and said he had a "golden resume" and was "very well connected" with officials in the White House. Bybee said that from these connections, in addition to Yoo's scholarship in the area of executive authority during wartime, it was not surprising that Yoo "became the White House's guy" on national security matters.
Still, that doesn't mean it didn't rankle Bybee that Yoo went behind his back. From the report:
Bybee told us that he was "surprised" and "a little disappointed" to learn through media accounts that Yoo had worked on the PSP without Bybee's knowledge.
Where was the Attorney General here? The report states:
The DOJ OIG was also unable to determine whether Attorney General Ashcroft was fully aware of the advice Yoo was providing directly to the White House about the PSP.
That's because Ashcroft wouldn't talk to the report's authors.
Of course, as the report later notes:
Deficiencies in Yoo's memorandum identified by his successors in the Office of Legal Counsel and Office of the Deputy Attorney General later became critical to DOJ's decision to reassess the legality of the program in 2003.
So there you have it. We pretty much knew this story already: the White House used Yoo as its hand-picked provider of a legal rationale for the program, going behind the back of Yoo's supervisor and perhaps even of the Attorney General himself. But Yoo's reasoning was so shoddy and designed to give the White House what it was looking for -- just as occurred on torture -- that it was later substantially reassessed by his more critical-minded successors at OLC.
And as a final note, the report offers evidence that, when DOJ later developed some spine and, thanks to concerns about the program's legality, refused to sign off on the reauthorization that the White House was seeking, it was Dick Cheney who suggested simply ignoring DOJ.
The report describes a meeting of White House officials:
It was then explained to the group that [Deputy Attorney General James] Comey "has problems" with some activities authorized under the program. Mueller's notes state that Cheney suggested that "the president may have to reauthorize without the blessing of DOJ."
And sure enough, that's exactly what happened, nearly prompting much of the Justice Department's leadership to resign.

















Only Yoo can make this torture right,
Only Yoo can keep this darkness tight,
Only Yoo and Yoo alone
can thrill us like you do
and fill our hearts with love for only Yoo
Only Yoo can make this change in law
For it's true--a constitutional faux pas,
When the finding's signed I am finally resigned,
Youre my DOJ dream come true,
My one and only Yoo, ONLY YOO!
July 14, 2009 5:15 PM | Reply | Permalink
Are there any Platters left to record this, or do we need to head straight to the Ringo cover version?
July 14, 2009 6:01 PM | Reply | Permalink
Isn't that a song by The Plotters?
July 14, 2009 6:02 PM | Reply | Permalink
This is why it is so wrong to even think of exempting crimes because an attorney hired by a murderer said it was legal to commit murder.
Of course, when the important folks do it, there seems to be a consensus that it is a logical process...
as long as it is the OTHER guy being murdered, not you...
July 14, 2009 6:05 PM | Reply | Permalink
Bizarre(?) Trivia
"Only You (And You Alone)" was written by the Platters' manager, a man named *Buck Ram. Buck's other huge hits include: "The Great Pretender," "(You've Got) The Magic Touch" and "Twilight Time."
Is it time for a medley, Decider?
Buck's real name was Samuel.
July 14, 2009 6:32 PM | Reply | Permalink
Again, it seems that Ashcroft, though fundie, was not crazy. He knew the dynamite they were playing with, and let them have Yoo as their guinea pig. Then, he got out at the first opportunity.
July 14, 2009 6:41 PM | Reply | Permalink
Is Yoo Japanese?.... .the Japanese were the enemy in the 1940's and some WERE cruel and ruthless, not real humane.... (any Philippine POW survivors, can vouch for that...(like my Uncle John)...okay go ahead...cuss me out...call me a racist.. get it over with... ...I'm just saying...
July 14, 2009 7:06 PM | Reply | Permalink
Well I am just saying you are a fucking idiot.
Yoo is the child of South Korean immigrants, a people who historically suffered a lot more under the Japanese than the relatively brief occupation of the Philippines caused the Filipinos.
You are not just a racist but a thoroughly incompetent racist. Ever heard of something called 'Google'?
July 15, 2009 10:58 AM | Reply | Permalink
I can only assume that you have also spoken disparagingly of the Caucasian race for the behaviors of Gov. Sanford, Sen. Ensign, etc. Give me a break!
July 15, 2009 11:58 AM | Reply | Permalink
I wonder if Yoo's son or daughter was in the military, captured, would he consider any of these "enhanced interrogation technical" torture, if performed on his child...? Would any parent?...and how would we respond as a Nation...? We could certainly no longer claim a "moral superiority" if these same tactics were performed on our own..could we...? Or maybe as a Christian Nation its all right for our CIA to do these things....but not the Mossad, Hamas, Hezbollah, Al Qaeda or any other foreign government...because after all, we are a righteous nation....and when we do it, its okay because we are defending Democracy (and our oil) (even though we illegally invaded their country)...right..? (that was Nixon's justification, remember?)
July 14, 2009 7:22 PM | Reply | Permalink
Despite all its protestations that Bush had full authority to do all of this crap, the Bush WH knew that what it wanted to do wasn't going to fly. Cheney understood that he was breaking the law, otherwise he wouldn't have skulked around, getting Yoo to write up these opinions on the sly.
This is no different from my child who locks the cat in the closet and then lies about it; he knows I'm not going to be happy that he did it (even if he thinks its for a very good reason), so he doesn't want to admit to it.
That Cheney et al willfully disregarded the law is not surprising; what IS surprising is that others continue to argue that it was all legal. Stop insulting us with ridiculous claims of legal authority. Even Cheney and Yoo knew better!
July 14, 2009 7:31 PM | Reply | Permalink
Yoo was the equivalent of a Mob Consigliere. Any relation between what he conceived as being his job and that of being an 'officer of the court' being totally coincidental.
The only equivalent I can think of to Yoo's role was that of Madoff's accountant.
July 15, 2009 11:04 AM | Reply | Permalink
No, Yoo is not of Japanese ancestry. His parents immigrated from South Korea when he was an infant.
Looking for some kind of ancestral cultural/parental upbringing/minority immigrant experience/religious/whatever explanation for his insane support of authoritarianism? Surely there is something there. Maybe someone is writing a book. Hope so.
July 15, 2009 11:06 AM | Reply | Permalink
There are lots of reports of Rice and/or others with the NSC wanting Ashcroft to be directly involved and some of the reports indicated that after Rice asked for that, he did.
So I would tend to think that what you had, and what has never been produced so far, was a Yoo memo that had Ashcroft actually physically signing onto the memo (Ashcroft signing it out) and/or Ashcroft signing it out via a very brief cover memo.
If such a thing exists, Obama's WH should release it and/or the info as to it. Bellinger would very likely know if such a thing exists and this is why the compartmentalized review is such a crappy process.
July 15, 2009 11:50 AM | Reply | Permalink
Thanks Decider....a brilliant parody of the original...I've been singing it to myself all morning!
July 15, 2009 11:58 AM | Reply | Permalink
I am sure there was some reason that Yoo was hired by the GWB WH and the memo relative to FISA was his first time writing an independent opinion. It appeared to be such a Great Success at the WH, he was then given multiple opportunites to twist the rule of law.
The fault with all of this was that his original memo went without peer review. When it was later reviewed it was found to lack merit both on construct, legal arguement and constitutionality. Nevertheless, he had become the go to person when the White House gave a conclusion and told someone to write a memo that supported that conclusion.
It is amazing that he is actually being allowed to teach in a law school.
July 15, 2009 3:16 PM | Reply | Permalink
He was hired, reviewed, and received tenure prior to taking leave to work for the government. The Dean at Berkeley is catching hell for having Yoo on the faculty. However, vacating his tenure for anything he did off campus would be highly inappropriate. Cal Berkeley is a very liberal place, so I kinda think that Yoo is getting what he deserves (minus the waterboarding). He lives in a hell of his own making.
July 17, 2009 2:58 PM | Reply | Permalink