Editore"s Note
Tilting at Windmills

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February 12, 2006
By: Kevin Drum

THE RULE OF LAW....This quote from six years ago is pretty funny. I guessed pretty quickly that the president being referred to was Bill Clinton, but guessing the author of the quote is the real trick. The hack quotient, or HQ, on display here is pretty stunning.

Kevin Drum 5:25 PM Permalink | Trackbacks | Comments (42)

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Comments

It's sort of amazing that Berkeley Law School hired such a hypocritical partisan hack. Let's get David Horowitz to investigate.

Posted by: Ben Brackley on February 12, 2006 at 5:31 PM | PERMALINK

Yoo deplores imperial Presidency
but it depends
on whose cock is in the fight.

Posted by: lib on February 12, 2006 at 5:34 PM | PERMALINK

John Yoo, ardent proponent of the divine right of kings, said that? He is if nothing else, a truly inconsistent hack. My opinion of him is even lower than it was before I read the quote. The man doesn't even have intellectual consistency. I just says what he thinks will advance his pathetic career. As is well known, my opinion of John Yoo has been pretty damn low since the torture memos.

Posted by: Ron Byers on February 12, 2006 at 5:34 PM | PERMALINK

Pardon I meant to say "He just says what he thinks will advance his pathetic career." That is what I get for changing things.

Posted by: Ron Byers on February 12, 2006 at 5:36 PM | PERMALINK

Wow, is this bizarro Volokh Conspiracy? When did they turn comments on? And why is radical lefty Orin Kerr allowed to post there?

Posted by: jerry on February 12, 2006 at 5:38 PM | PERMALINK

The principal involved is that it's ok to grasp for power and wealth as long as you're one of our guys and it follows that if you're not one of ours the same behavior is criminal.

Posted by: WeaverRose on February 12, 2006 at 5:38 PM | PERMALINK

Is this surprising? Consistency and principle has no place in the modern GOP. Anything to justify dear leader's positions is OK.

I can't wait to see all the crawlfishing when a Dem get's elected. Hopefully, it will just be the wingnuts doing the backtracking.

Posted by: Chris on February 12, 2006 at 5:40 PM | PERMALINK

Ah, but that was pre-9/11 thinking. Don't you know that the meaning of all American law changed on that day?

Posted by: ahem on February 12, 2006 at 5:41 PM | PERMALINK

Whores. They are whores.

Posted by: shortstop on February 12, 2006 at 5:41 PM | PERMALINK

Nothing surprises. We live in a post-truth era now where inconvenient facts and assertions simply disappear in a collective memory hole. Remember: we're at fault for even pointing this out! David Brooks call us Stalinists and our increasingly desperate bleatings are mocked for the crime of ineffectivenes.

Posted by: walt on February 12, 2006 at 5:44 PM | PERMALINK


SHORTSTOP: Whores. They are whores.

Precisely right. But then, very few of us are not. Win, lose or draw, our system pretty much demands it of us.


Posted by: jayarbee on February 12, 2006 at 5:49 PM | PERMALINK

Speaking of the rule of law, I think you really need to see the following article. A man called Richard Thomas was basically kidnapped from Honduras back in 2004 with the complicity of the former secretary of commerce (now head of Katrina fund) Donald Evans and Close Bush friend, Bill Saxon. The man was tortured, and collapsed from a heart attack, he was later flown to the US by marshalls and held in Texas, all the way through this process the rule of law didn't seem to be applied. Please see the following article, and please do a write up, and spread it around, by whatever means you can, Richard Thomas needs as much help as possible to get his story out to the media:

http://www.nwmeridian.com/content/060210_01_p1.php

Posted by: Voice 1 on February 12, 2006 at 5:51 PM | PERMALINK

John Yoo is John Yoo, and isn't going to stop being John Yoo.

The real question is how others in the profession, who should know better, can simply ignore this sort of obvious subjectivity and pretend that he is a worthy scholar.

I'm thinking of you, Cass Sunstein. Aren't you a whore too?

Posted by: frankly0 on February 12, 2006 at 5:56 PM | PERMALINK

Welcome to the postmodern era of republican corruption...

Posted by: The Fool on February 12, 2006 at 6:08 PM | PERMALINK

Does this mean that the Volokh people have decided to be the actual libertarians they claim to be, instead of the Bush-worshipping pseudo-libertarians we've seen so much of recently? That would be interesting.

Posted by: Joe Buck on February 12, 2006 at 6:14 PM | PERMALINK

Without looking.

Author Jefferson
President Adams the First

Posted by: Matt on February 12, 2006 at 6:32 PM | PERMALINK

Yoo has always been a proponent of a strong executive like Greenspan has always been a proponent of sound fiscal policy.

When the Party is threatened, no feat of doublethink is beyond these patriots.

Posted by: ranaaurora on February 12, 2006 at 6:35 PM | PERMALINK

IOKIYAR

Posted by: Gore/Obama '08 on February 12, 2006 at 6:37 PM | PERMALINK

Another round mound of poo from the good professor yoo.

Posted by: bobbyp on February 12, 2006 at 8:18 PM | PERMALINK

Yoo to you:
But that was before 9/11.

Certainly you understand everything changed after 9/11.

(And that which didn't, like the Constitution, we shred.)

Posted by: CurtisE on February 12, 2006 at 8:46 PM | PERMALINK

Whores. They are whores.

You malign whores. You get what you pay for with whores. These guys are gangsters.

Posted by: Jeffrey Davis on February 12, 2006 at 8:51 PM | PERMALINK

...it depends
on whose cock is in the fight.
Posted by: lib on February 12, 2006 at 5:34 PM | PERMALINK

I guess Monica wasn't the only one blowing presidential dick. Yoo is 'outed'. I guess this is another example of BushCo surrounding itself with political whores rather than professional integrity.

As each day goes by since 2000, I am more and more ashamed of what has happened to the presidency of my nation.

Posted by: jcricket on February 12, 2006 at 8:52 PM | PERMALINK

quod rex vult, lex fit.

Scratch a Republican, find a monarchist.

Posted by: Davis X. Machina on February 12, 2006 at 8:54 PM | PERMALINK

Thank Jeebus I quit law school.

Posted by: Yeah No Maybe yeah on February 12, 2006 at 9:47 PM | PERMALINK

Every Autocrat has a Shrivo/Monica bumper this insures you will be motivated to do nothing.
Love the sinner not the sin:

Barleycorn and his Buds don't need (Algebra was invented by Arabs)canting Hypocrit's who promise a flexible future. The country the offense takes place isn't important.

Particularly in the Mary's tears context. Noting and Contriving, Idea's, Opinions, etc. Hey! I just want my beliefs to be important and heard. Love and Virtue may suggest another intention, in this context, for this Vice Squad.

I realize this point of view may (without being analyzed)be percieved as having an Impolite Impact. Democracy has failed to measure up in so many regards. Conventional Taste is a banal conversation topic in the nest also. I just had to sprinkle a bit of Pity onto the Sorrow to keep the party going.


Posted by: aschcott on February 12, 2006 at 9:51 PM | PERMALINK

Scratch a Republican, find a monarchist.

The obligatory comment about this being an insult to monarchists etc.

Posted by: nut on February 12, 2006 at 10:04 PM | PERMALINK

I'm not sure that this doesn't change my opinion of Yoo--or at least what he represents-- in a positive direction. The evil enemy is always made up of two groups; scary true believers and con artists. Until seeing that quote I was sure that Yoo was a scary true believer. Now we know he is yet another con artist, and that knowledge actually puts me more at ease. Con artists can be unmasked and eventually defeated. When the winds start blowing another direction, they fade into the woodwork until they think up a new con. True believers, in contrast, put up a fight, don't go away, and upon losing power are fully capable of putting a bullet in your head or blowing up a fertilizer truck. Maybe this is more evidence that there really aren't that many true believers out there. I count that as a good thing!

Posted by: the exile on February 12, 2006 at 10:06 PM | PERMALINK

I may sound racist to some for saying this, and my apologies if I do, but there seems to be a pattern here in the way the Bush administration uses its people who are minorities. The person who wrote the Patriot Act and is now at Georgetown is a Vietnames American. John Torture Memo The President Can Do anything He Damn Well Pleases Yoo is a Korean American. And of course, Colin This Vial I have In My Hand Powell is not exactly a WASP. And also Mr. Abu Ghraib Gonzales.

What's up with that?

Posted by: lib on February 12, 2006 at 10:23 PM | PERMALINK

Dear Professor Yoo,
> As a graduate of Yale law, I am sure that you had to
> pass contract law and are aware of the legal concept
> of fraud. I am certain that you could make a very
> good
> case against Yale, in that money was exchanged in
> return for an education in the law and that you
> received a diploma without said learning.
> At the most basic level, laws are not written to
> prosecute the guilty, they are written to protect
> the
> innocent. A clear enumeration of proscribed behavior
> is done so that an overreaching prosecutorial arm
> cannot sweep up anyone with, for sake of argument,
> "disturbing the common good".
> I am sure that you are much more conversant with
> modern South Korean history than I am. Irrespective
> of
> whether the student demonstrators under Park were
> "communist agitators" or "dupes' or caught up in the
> crowd, being swept up and never heard from again is
> hardly a fate that someone with your sterling Bill
> of
> Rights record would want to see copied here.
> That you have championed positions for an unfettered
> executive, able by fiat to countermand legislative
> aims and immune to judicial review, is not found in
> my
> Constitution. I think you need to contact Yale.
> Sincerely, P.C.Chapman

Posted by: P.C.Chapman on February 12, 2006 at 10:36 PM | PERMALINK

Fuck Yoo.

Posted by: Kenji on February 12, 2006 at 10:42 PM | PERMALINK

See "Projection."

In other news, Orwell is starting to piss me off with his views into the 21 Century.

Posted by: Sparko on February 12, 2006 at 10:50 PM | PERMALINK

Funny how the trolls can't seem to think of a good retort for this one. Classic.

Posted by: Barrett Brown on February 12, 2006 at 11:22 PM | PERMALINK

"Funny how the trolls can't seem to think of a good retort for this one. Classic."

It's a weekend and the player of the Mighty Wurlitzer was busy dealing with Cheney's use of a deadly weapon.

Monday will come, and with it, the trolls.

What would (name your favorite troll here) say?

Posted by: Luther on February 13, 2006 at 12:17 AM | PERMALINK

Come now, Yoo is merely being "fair and balanced".

Posted by: Lionel Hutz, attorney-at-law on February 13, 2006 at 1:05 AM | PERMALINK

lib, your comment about non-whites saying and doing repulsive things for the current administration is interesting.

i believe they are examples of "more catholic than the pope." they are trying to prove that they belong with the big time, tough-talking white men, so they go overboard and do a lot of the shit work for them.

Posted by: harry near indy on February 13, 2006 at 3:35 AM | PERMALINK

This is bigger than John Yoo. NO serious scholar believes that the Constitution grants the President absolute power during wartime, especially not over interrogations, not the least because the document itself EXPLICITLY, in Art. I Sec. 8, commits the power to make rules for captures on land and water to Congress. This isn't even a close call.

The argument that the President has absolute power in this area is treated by the press as a serious argument, and is repeated by right-wing legal pundits and a few "scholars" who are clearly hacks. Yoo's flip-flop is nicely illustrative of this, but the real point is to get the folks in the media and the country to understand that this isn't one of those "two sides to every legal queation" issues. Arguing that the President has absolute power over captures is as anti-textual as arguing that the Constitution does not protect freedom of speech.

Posted by: Dilan Esper on February 13, 2006 at 5:21 AM | PERMALINK

Y'know, when you're a paid lawyer in private practice, it's your job to be a whore. (I speak from experience here.) That is, it's your job to put forward the arguments that are best for whomever pays your fee, no matter what you really think of them (provided that you clear the extremely low hurdle of non-frivolousness). You are, therefore, an intellectual whore, prostituting your mind out to the highest bidder. (Aside: if you ever want to know why most lawyers you talk to hate their jobs -- this is it. At least, IMHO.)

But the legal academy is not supposed to act this way. I confess I didn't think much of Yoo's legal reasoning re: torture and the imperial Presidency, but I at least thought he was giving an opinion honestly come by, if horribly misguided. Now we find otherwise. Boalt Hall -- one of the finest law schools in this nation -- has really shamed itself by bestowing its imprimatur on this man.

Posted by: Glenn on February 13, 2006 at 9:28 AM | PERMALINK

BTW, Richard Epstein forfeited his chance at an appeals court judgeship by stating explicitly that the constitution does not permit warrantless eavesdropping at the president's sole directive. Something even Cass Sunstein would not categorically say. Why are a small handful of conservatives (e.g., Bob Barr) the only one with the balls to directly challenge this administration? I'm excluding, of course, segments of the leftish commentariat. I am not, however, excluding Kevin Drum.

Posted by: brewmn on February 13, 2006 at 10:47 AM | PERMALINK

The rule of law is now the law of rule.

Posted by: dick's shotgun on February 13, 2006 at 10:53 AM | PERMALINK

quod rex vult, lex fit.

Scratch a Republican, find a monarchist.
Posted by: Davis X. Machina

It's more like Scratch a Republican, find a totalitarian. Yoo's post 9/11 justification for presidential power is like a passages edited out of Animal Farm, sort of the bookend to "All animals are equal. But some are more equal than others."

Posted by: Jeff II on February 13, 2006 at 11:51 AM | PERMALINK

"It's sort of amazing that Berkeley Law School hired such a hypocritical partisan hack."

Boy, do I agree. But I guess since Yoo-Hoo teaches at Berkeley, he must be a Communist, no?

Posted by: Cal Gal on February 13, 2006 at 5:35 PM | PERMALINK




 

 

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