Contrary to what Dean Edley claims, the conclusions of the OPR report, rather than exonerate John Yoo, make the case for disciplinary action...
CodePink member Toby Blome holds up her hand covered in red paint at a protest inside Boalt Hall. Anti-war activists are protesting at UC Berkeley to demand the removal of John Yoo, a law professor who crafted legal theories for the Bush administration on waterboarding and other torture techniques. Jeff Chiu c/o Sacramento Bee
AP gets 'poor judgment' conclusion on Yoo wrong
By: George Cammarota
19 Aug 2010
Challenging
John Yoo on the first day of Fall 2010 classes at UC Berkeley School of Law,
attorneys, Peace and Justice leaders and activists, and students held a
successful press conference and protest action on the steps of Boalt Hall. [1] The AP followed up with a report
entitled "Berkeley Protesters Call for John Yoo's Removal." [2] In the report, the AP incorrectly states
that the "Justice Department investigation ...
found that Yoo ... showed 'poor judgment' but did not commit professional
misconduct."
Sadly,
the large majority of news reports ran with the AP theme and even expanded on
it. For example, the Oakland
Tribune informs us that the "Department of Justice
... clear[ed] Yoo and the Bush administration's Office
of Legal Counsel of any professional wrongdoing," and without challenge
quotes Dean Edley going so far as to say, "I hope these new developments will
end the arguments about faculty sanctions." [3]
The
fact of the matter is the Justice Department OPR report
found that Yoo "committed intentional professional misconduct when he violated
his duty to exercise independent legal judgment and render thorough, objective,
and candid legal advice." [4] It
was DOJ attorney David Margolis who stated his opinion, ostensibly speaking for
the entire Justice Department and contrary to the conclusions of its own
report, that Yoo and Bybee merely exercised "poor judgment." [5]
Contrary
to what Dean Edley claims, the conclusions of the OPR report, rather than
exonerate John Yoo, make the case for disciplinary action against John Yoo.
"Intentional
professional misconduct" is grounds for Yoo's disbarment and dismissal from the
UC Berkeley faculty. Why the DOJ is tripping over
itself to protect Yoo and Bybee is a question worth pondering. But justice demands the immediate
dismissal, disbarment, and, I dare say, criminal prosecution of John Yoo for war crimes.
References:
- http://www.worldcantwait.net/index.php/press-site-map-193/press-releases-site-map-194/6587-back-in-monday-august-16-protest-against-torture-author-john-yoo
- http://hosted.ap.org/dynamic/stories/U/US_INTERROGATION_MEMOS_PROFESSOR?SITE=SCGRE&SECTION=HOME&TEMPLATE=DEFAULT
- http://www.insidebayarea.com/my-town/ci_15794112
- http://judiciary.house.gov/hearings/pdf/OPRFinalReport090729.pdf
- http://graphics8.nytimes.com/packages/pdf/politics/20100220JUSTICE/20100220JUSTICE-DAGMargolisMemo.pdf
