Administration wants suit against Yoo dismissed

[alp227]

Source: Bob Egelko, San Francisco Chronicle

(12-07) 11:33 PST SAN FRANCISCO -- The Obama administration has asked an appeals court to dismiss a lawsuit accusing former Bush administration attorney John Yoo of authorizing the torture of a terrorism suspect, saying federal law does not allow damage claims against lawyers who advise the president on national security issues.

Such lawsuits ask courts to second-guess presidential decisions and pose "the risk of deterring full and frank advice regarding the military's detention and treatment of those determined to be enemies during an armed conflict," Justice Department lawyers said Thursday in arguments to the Ninth U.S. Circuit Court of Appeals in San Francisco.

Other sanctions are available for government lawyers who commit misconduct, the department said. It noted that its Office of Professional Responsibility has been investigating Yoo's advice to former President George W. Bush since 2004 and has the power to recommend professional discipline or even criminal prosecution.

The office has not made its conclusions public. However, The Chronicle and other media reported in May that the office will recommend that Yoo be referred to the bar association for possible discipline, but that he not be prosecuted.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/12/07/BA061AVC89.DTL

[villager]

1. You mean the Bush, er, the *Obama* administration?

n/t

[Eric J in MN]

2. A lot of slimeballs in the Obama Administration. NT

NT

[avaistheone1]

10. Obama selected them.

Sorry to say but birds of a feather fly together.

[panzerfaust]

28. And we selected him ...

Well, not the Him we got, but the Him we THOUGHT we were getting.

Tragically, not the same man at all.

[atreides1]

3. Future War Criminals

Protecting Past War Criminals.

Nation of laws my ass!!!!

[Roland99]

4. Has Obama removed *any* official at the DoJ or White Counsel who was from the Bush admin????

:banghead:

[chill_wind]

14. Have a look. Main Justice.

Still a lot of red in the make up.

http://www.mainjustice.com/us-attorney-update/

But the Yoo thing is no Bush dead-ender dealie.

Some political U-turns were clearly made in the spring at higher levels.

[berni_mccoy]

5. The Obama admin or some hold-over from Bush?

[ThomCat]

6. The DoJ would not make this High Profile a decision

without approval all the way from the top, so this comes from the Obama administration, and Obama almost certainly knew about the decision in advance and didn't object.

[Fire_Medic_Dave]

20. As if this could be done without the Presidents authority.

[Robb]

7. "...has the power to recommend professional discipline or even criminal prosecution."

I'll make a deal: OPR exercises that power first.

This is the first I've heard that OPR was "investigating" Yoo.

[no limit]

8. So as long as a lawyer tells you to do something illegal it automatically becomes legal?

Wow, wish I had that kind of power.

No occifer, you don't understand. My lawyer told me I could drive drunk so I'll just be on my way.

[24601]

19. If a lawyer gives you bad advice, and you follow it, the legal

opinion does not transform an illegal act into a legal one. But neither is it a violation of the law for a lawyer to be wrong. To do so would criminalize speech and would open up the door to jail every defense attorney who tells a jury that his client didn't do it and the jury finds otherwise.

[no limit]

23. In my case, yes, a legal opinion doesn't make something illegal legal

but in the president's case it does making the president above the law. Remember, they aren't going after Bush officials because he was acting on legal advice from lawyers such as Yoo. Now they won't go after Yoo because giving legal opinions even if they are wrong isn't illegal (which I do agree with).

We are getting fucked.

[yurbud]

9. this is probably as close as he's going to get to punished:

http://vodpod.com/watch/1915854-chasers-war-on-everything-john-yoo-torture-lawyer

[Judi Lynn]

12. Hope people like this terrific young man will follow Yoo for many, many years. Thanks. n/t

[mbperrin]

30. As long as Yoo teaches at Berkeley, it's a blot on that institution.

Hurray for the young man in the video - he's a hero. Notice how Yoo gets a woman to chase the "offender" away?

Prison, Yoo, nothing less.

[yurbud]

31. he would be a blot on a mail order degree mill. He would be a blot on the crew of a snuff film

[Metta]

11. So, what the president says is above the law. Hm, where have I heard that before?

Oh, yes. From traitors and criminals.

[chill_wind]

13. Craig's gone, seems now David Ogden just resigned too

a few days ago, and Phil Carter--- well.... STILL wondering and waiting for a statement on that one.

Seems like the most important turn-over has been on his own transition/cabinet team, that went to work for him on a premise of restoring justice and change we all hoped might_happen. Much smarter ideologues and believers than myself, I might add.

[LynnTheDem]

15. PRECEDENT SET. Future US governments given 100% freedom to TORTURE

anyone they want, INVADE anyone they want. Any time. For any lie.

Without consequence.

Gee, how very American; aren't we all so proud.

[UpInArms]

16. f*** all the extra-constitutional extra-legal asswipes

I hate this

These are the root-criminals who should never ever ever ever ever see daylight again.

they should serve their time for traitors against this country in cells that are so deep within the bowels of the earth that their shit has to be excavated by the thousands of miles that separate them from the rest of society

[Quantess]

17. I guess torture is okay, then.

It also indicates a safe bet that nobody in the Bush Administration will be prosecuted.

[Octafish]

18. Yoo good. Siegelman bad.

It not is Bizarro World.

[Stand and Fight]

21. Awesome! Change we can belie... Oh wait... Damn it all!

:wtf: Yoo? Of all the people?

[TexasObserver]

22. Recommend

[Snazzy]

24. wtf

Looking forward instead of back includes actively protecting this creep eh? Sounds like a bit of looking back me to me. So looking back is ok as long as it is in the interest of no accountability for torture. That's a mighty qualification there. More I think of it, there's a lot of looking back going on, so long as it's in the interest of covering up torture,

[AnneD]

29. My first thoughts too...

:wtf: let's see how much weight a nutsack can hold. That really isn't life threatening so it falls in the guideline.

[rudy23]

25. He's not on your side, he's on Yoo's side.

He is not a Democrat, plain and simple. Does it get any more evil than Yoo?

[mullard12ax7]

26. Why hold war criminals and traitors accountable, let's let 'em all go

and pretend we're a real country, LOL. We can make up all kinds of excuses like "we need to fix _ _ _ _ _ _ first". Then, when the next bunch of war criminals does the exact same thing we can say "who would have ever expected it".

This current gov't is INSANE.

[panzerfaust]

27. More "Change You Can Believe In" - If you believe in gods and faeries ...

Have no idea why the RW is so upset with Obama, he is continuing, as some predicted, the * policies on most everything.

Sadly, we have only changed the "ruling party," not the "ruling class" - so shutup, sit down in front of your TVs, and let your brains be sucked out.

[Vidar]

32. More Vichy government you can believe in.