First off, I am NOT defending him. He makes a mockery out of legal arguments and relies on an understanding of the executive branch that is weak at best.

But with that said, I think there's an argument that he had a client, because he worked for OLC - so his client is the President.

And, since the AG(DOJ)'s office is also an administrative agency under the executive, the AG's powers are derivative of the executive.

So, I'm guessing some conservative could argue that there's no need to go through Ashcroft et al. because both bodies (AG/DOJ and OLC) serve the same master -- the President. And with that said, I'm fairly certain that OLC doesn't always send every legal opinion it issues to the AG for approval/vetting.

However, with that said, it certainly makes it look (and smell) like Yoo knew he'd have problems with his opinion's viability - hence the reason why he bypassed Ashcroft et al. And this also makes any argument about serving the same master look like post hoc justification.

Posted at April 8, 2008 7:48 PM in response to Conyers Schedules Hearing with John Yoo

Marietz @ 12:23--

First off, Yoo isn't Chinese - he's Korean.

Second, Yoo taught me foreign affairs law at the U of C law school when he was visiting. In one of our last classes, a reasoned debate about Presidential powers in war time ended with Yoo pretty much defending Korematsu and the decision to intern the Japanese during WW2.

My takeaway - ethics classes won't save him, because the man just does not see the legal infirmity upon which his extreme positions re: Presidential powers rests. For instance, most of his defenses of his theory involve formal answers that are just tone deaf to reality. (Ex: you don't like Presidential power? Congress has purse strings power - just cut off all funding). He'd probably also argue that the suffering we inflict is necessary in a time of war (see "self defense" and "necessity").

I don't think any amount of ethics classes will convince him.

The sad part is, (and say what you will about his heavy-handed ideological views), his mentor at Yale Law School was Harold Koh. Suffice it to say, the two don't talk anymore.

Posted at April 2, 2008 12:54 PM in response to Today's Must Read