John Yoo Needs a Fair Trial
Last Sunday’s NY Times Book Review reviewed the new work by John Yoo ” Crisis and Command: The History of Executive Power” . I haven’t read the book but all accounts and review I have seen say the same thing, Mr. Yoo has written his version of the history US Presidential power, and his reasons for believing that in times of crisis the President has the right to break any law or doing anything that maybe needed to keep America safe and secure. I disagree with his premise and believe that the US President is not above the law.
This Sundays NYT Book Review had a letter to the editor that I want to share with you.
To the Editor:
Why is The New York Times reviewing a book by someone who may be a war criminal? It is true that the case against John Yoo has never been proved, but that is so in part because both he and the Obama administration have prevented any action against him. Nevertheless, there are serious allegations that Yoo, with others, knowingly misstated the law during his service at the Office of Legal Counsel in the Justice Department and thus influenced the Bush administration to engage in torture and other violations of the law of war and international law, to the great detriment of our country.
The call for prosecution, or at least investigation, of Yoo is not an indirect attack on the actions of the Bush administration. If Yoo did what he is accused of doing, he has greater culpability than administration officials who had a good-faith right to rely on legal interpretations by the Office of Legal Counsel.
The easygoing reaction to Yoo is difficult to understand. I have asked the authors of the constitutional law casebook I use either to omit references to Yoo’s work or to note the allegations against him. Surely The New York Times owed its readers a pointed description of Yoo’s actions in the course of a review of his book.
John Yoo has never been proved guilty of anything and he may legitimately feel that he would not receive a fair hearing in any tribunal likely to consider his case. Unfortunately, that will leave only the court of history to judge him. It is therefore especially important that contemporaneous discussion of Yoo’s thought carefully set forth the allegations against him.
BRUCE LEDEWITZ
Pittsburgh
The writer is a professor of law at Duquesne University School of Law
I agree 100% with Mr. Ledewitz.