[34] 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.
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. summa cum laude. [18], In what was 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". [106] 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". After high school, Yoo went to Harvard University, where he majored in American history and was a resident of Winthrop House. In wartime, the gravity shifts to the executive branch. [79], In 2020, Yoo praised Trump as a "constitutional conservative. ", "Top Bush aides pushed for Guantánamo torture", Department of Justice Office of Professional Responsibility, 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, "Lessons from the Justice Department's report on the interrogation memos", "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", "Opinion: My Gift to the Obama Presidency", "Torture Bored: How we've erased the legal lines around torture and replaced them with nothing", "The Sacrificial Yoo: Accounting for Torture in the OPR Report", "Globalism and the Constitution: Treaties, Non-Self-Execution, and the Original Understanding", "Beyond Formalism in Foreign Affairs: A Functional Approach to the Alien Tort Statute", "The U.S. He then studied law at the Yale Law School, where he was a member of the Yale Law Journal. He has also contributed chapters to other books, including: Yoo is married to Elsa Arnett, the daughter of journalist Peter Arnett. With the separation of powers, Yoo has argued that each branch of government has the authority to interpret the Constitution for itself. [58][60], 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". [90], 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. [14] He wrote and continues to write academic books including Crisis and Command. Popularity. 83.5k Followers, 1,546 Following, 284 Posts - See Instagram photos and videos from John Yoo NYC (@dr.johnyoo) [62] 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. [2], This article is about the American attorney John Yoo. He has written two books on presidential power and the war on terrorism, and many articles in scholarly journals and newspapers.
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