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Encyclopedia > John Yoo

John Choon Yoo (born 1967), is a professor of Law at the Boalt Hall School of Law, the University of California, Berkeley. A Korean-born American, he is best known for his work from 2001 to 2003 in the United States Justice Department's Office of Legal Counsel, [1] assisting the Attorney General in his function as legal advisor to President Bush and all the executive branch agencies. Year 1967 (MCMLXVII) was a common year starting on Sunday (link will display full calendar) of the 1967 Gregorian calendar. ... The meaning of the word professor (Latin: one who claims publicly to be an expert) varies. ... Lady Justice or Justitia is a personification of the moral force that underlies the legal system (particularly in Western art). ... Boalt Halls law library was expanded in 1996 with the North Addition, pictured above. ... Sather tower (the Campanile) looking out over the San Francisco Bay and Mount Tamalpais. ... The Office of Legal Counsel is an American government legal office. ... In most common law jurisdictions, the Attorney General is the main legal adviser to the government, and in some jurisdictions may in addition have executive responsibility for law enforcement or responsibility for public prosecutions. ... George Walker Bush (born July 6, 1946) is the 43rd and current President of the United States, inaugurated on January 20, 2001. ... The executive is the branch of a government charged with implementing, or executing, the law and running the day-to-day affairs of the government or state. ...


He contributed to the PATRIOT Act and wrote controversial memos in which he advocated the possible legality of torture and that enemy combatants could be denied protection under the Geneva Conventions.[2] This article needs cleanup. ... Torture is defined by the United Nations Convention Against Torture as any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he... Unlawful combatant (also illegal combatant or unprivileged combatant) describes a person who engages in combat without meeting the requirements for a lawful combatant according to the laws of war as specified in the Third Geneva Convention. ... Original document. ...

Contents

Biography

As an infant, Yoo emigrated with his parents from South Korea to the United States. He grew up in Philadelphia, Pennsylvania, and graduated from Harvard University in 1989 and Yale Law School in 1992. Yoo clerked for United States Supreme Court Justice Clarence Thomas and U.S. Court of Appeals for the D.C. Circuit Judge Laurence Silberman. From 1995 to 1996 he was general counsel for the Senate Judiciary Committee. He is currently a Professor of Law at Boalt Hall School of Law in Berkeley, California. Professor Yoo is an active member of the The Federalist Society and is one of the most influential members of the Federalist Society in Northern California. Nickname: Motto: Philadelphia maneto - Let brotherly love continue Location in Pennsylvania Coordinates: , Country United States Commonwealth Pennsylvania County Philadelphia Founded October 27, 1682 Incorporated October 25, 1701 Government  - Mayor John F. Street (D) Area  - City 369. ... Capital Harrisburg Largest city Philadelphia Area  Ranked 33rd  - Total 46,055 sq mi (119,283 km²)  - Width 280 miles (455 km)  - Length 160 miles (255 km)  - % water 2. ... Harvard University (incorporated as The President and Fellows of Harvard College) is a private university in Cambridge, Massachusetts, USA and a member of the Ivy League. ... The Sterling Law Building Sculptural ornamentation on the Sterling Law Building Yale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut. ... In the United States, Canada and Brazil, a law clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... Clarence Thomas (born June 23, 1948) is an American jurist and has been an Associate Justice of the Supreme Court of the United States since 1991. ... The United States Court of Appeals for the District of Columbia Circuit, known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. ... Laurence Silberman is an American judge, formerly a member of the U.S. Court of Appeals. ... The U.S. Senate Committee on the Judiciary (informally Senate Judiciary Committee) is a standing committee of the United States Senate, the upper house of the United States Congress. ... Boalt Halls law library was expanded in 1996 with the North Addition, pictured above. ... The Federalist Society began at Yale Law School in 1982 as a student organization that challenged what it saw as the orthodox liberal ideology found in most law schools. ...


Support for Torture

When asked in a debate If the president deems that he's got to torture somebody, including by crushing the testicles of the person's child, there is no law that can stop him?, Yoo responded No treaty, and further when asked if there was a US congress law, I think it depends on why the president thinks he needs to do that.[3]


Legal work

Yoo's academic work includes analysis of the history of judicial review in the U.S. Constitution. (See discussion in the Marbury v. Madison entry.) Yoo's book The Powers of War and Peace : The Constitution and Foreign Affairs after 9/11 was praised in an Op-Ed in The Washington Times written by Nicholas J. Xenakis, an assistant editor at The National Interest.[4] It was cited during the Senate hearings for U.S. Supreme Court nominee Samuel Alito by Senator Joseph Biden, who "pressed Alito to denounce John Yoo's controversial defense of presidential initiative in taking the nation to war".[5] It has been suggested that Judicial Review in English Law be merged into this article or section. ... Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Syng inkstand, with which the Constitution was signed The Constitution of the United States is the supreme... Holding Section 13 of the Judiciary Act of 1789 is unconstitutional to the extent it purports to enlarge the original jurisdiction of the Supreme Court beyond that permitted by the Constitution. ... The Washington Times[1] is a daily broadsheet newspaper published in Washington, D.C., United States. ... The National Interest is a prominent quarterly international affairs journal, founded in 1985 by Irving Kristol and currently published by the Nixon Center. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... Senator Joe Biden Joseph Robinette Biden Jr. ...


After he left the Department of Justice, it was revealed that Yoo authored memos defining torture and American habeas corpus obligations narrowly.[6] Protestors at Berkeley demanded, to no avail, that he renounce the memos or resign his professorship. Yoo, citing the classified nature of the matter, has declined to confirm or deny reports that he authored the position that the President had sufficient power to allow the NSA to monitor the communications of US citizens on US soil without a warrant, i.e. NSA warrantless surveillance controversy.[7] Torture is defined by the United Nations Convention Against Torture as any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he... In common law, habeas corpus (/heɪbiəs kɔɹpəs/) (Latin: [We command that] you have the body) is the name of a legal action or writ by means of which detainees can seek relief from unlawful imprisonment. ... The NSA warrantless surveillance controversy concerns surveillance of United States persons incident to the collection of foreign intelligence by the U.S. National Security Agency (NSA) as part of the war on terror. ...


War crimes accusations

On 14th November 2006, invoking the principle of command responsibility, German attorney Wolfgang Kaleck filed a complaint with the German Federal Attorney General (Generalbundesanwalt) against Yoo, along with 13 other "co-defendants" for his alleged complicity in torture and other crimes against humanity at Abu Ghraib in Iraq and Guantanamo Bay, Cuba. Mr. Kaleck acted on behalf of 11 alleged victims of torture and other human rights abuses, as well as about 30 human rights activists and organizations. The co-plaintiffs to the war crimes prosecution included Adolfo Pérez Esquivel, Martín Almada, Theo van Boven, Sister Dianna Ortiz, and Veterans for Peace. [1] Peace Palace in The Hague Command responsibility, sometimes referred to as the Yamashita standard, or the Medina standard is the doctrine of hierarchical accountability in cases of war crimes. ... Wolfgang Kaleck is a German attorney, who, on November 14, 2006, charged Donald Rumsfeld, George Tenet, Alberto Gonzales, Barbara Fast, William J. Haynes, II, John Yoo, David Addington, Walter Wojdakowski, Stephen Cambone, Ricardo S. Sanchez, Thomas Pappas, Marc Warren, Geoffrey Miller (general), and Jay Bybee for their involvement in the... Map of Iraq highlighting Abu Ghraib The city of Abu Ghraib (BGN/PCGN romanization: AbÅ« Ghurayb; أبو غريب in Arabic) in Iraq is located 32 kilometres (20 mi) west of Baghdads city center, or some 15 km northwest of Baghdad International Airport. ... Map of Cuba with location of Guantánamo Bay indicated. ... Torture is defined by the United Nations Convention Against Torture as any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he... Human rights are rights which some hold to be inalienable and belonging to all humans. ... Adolfo Pérez Esquivel at World Social Forum 2003 Adolfo Pérez Esquivel (born November 26, 1931 in Buenos Aires, Argentina) was the recipient of the 1980 Nobel Peace Prize. ... Martín Almada is a lawyer, writer and educationalist from Paraguay. ... Theo van Boven (b. ... Veterans For Peace is an American organization founded in 1985. ...


Unitary Executive

Yoo contends that the Congressional check on Presidential war making power comes from its power of the purse. Yoo also contends that the President, and not the Congress or courts, has sole authority to interpret international treaties such as the Geneva Convention "because treaty interpretation is a key feature of the conduct of foreign affairs".[8] His positions on executive power, collectively termed the Yoo Doctrine or Unitary executive theory, are controversial since it is suggested the theory holds that the President's war powers place him above any law.[8][9] [10][11] [12] The power of the purse is the ability of a government or other organization to manipulate the actions of another group by withholding funding. ... The Geneva Conventions consist of treaties formulated in Geneva, Switzerland that set the standards for international law for humanitarian concerns. ... In American political and legal discourse, the unitary executive theory is a controversial theory of Constitutional interpretation that addresses aspects of the separation of powers. ...


In explaining the Yoo Doctrine, Yoo made the following statements during a December 1, 2005, debate in Chicago, Illinois, with Notre Dame Law School Professor Doug Cassel: Flag Seal Nickname: The Windy City Motto: Urbs In Horto (Latin: City in a Garden), I Will Location Location in Chicagoland and northern Illinois Coordinates , Government Country State Counties United States Illinois Cook, DuPage Mayor Richard M. Daley (D) Geographical characteristics Area     City 606. ... Notre Dame Law School, or NDLS, is the professional graduate law program of its parent institution, the University of Notre Dame. ...

Cassel: If the President deems that he’s got to torture somebody, including by crushing the testicles of the person’s child, there is no law that can stop him?
Yoo: No treaty.
Cassel: Also no law by Congress. That is what you wrote in the August 2002 memo.
Yoo: I think it depends on why the President thinks he needs to do that.[13]

He has criticized traditional views on the Separation of Powers doctrine as problematic for the Global War on Terrorism, for instance stating:[2] The Politics series Politics Portal This box:      Separation of powers, a term coined by French political Enlightenment thinker Baron de Montesquieu[1][2], is a model for the governance of democratic states. ... The War on terrorism or War on terror (abbreviated in policy circles as GWOT for global war on terror) is a global effort by the governments of several countries (primarily the United States and its principal allies) to destroy international groups it deems as terrorist (primarily radical Islamist terrorist groups...

We are used to a peacetime system in which Congress enacts the laws, the president enforces them, and the courts interpret them. In wartime, the gravity shifts to the executive branch.

and

To his critics, Mr. Bush is a “King George” bent on an “imperial presidency.” But the inescapable fact is that war shifts power to the branch most responsible for its waging: the executive.

[3]

Works

Yoo has authored two recent books.

  • The Powers Of War And Peace: The Constitution And Foreign Affairs After 9/11 (ISBN 0-226-96031-5). University of Chicago Press, 2005.
  • War by Other Means: An Insider's Account of the War on Terror (ISBN 0-87113-945-6). Atlantic Monthly Press, forthcoming August or September 2006.

See also

An enemy combatant has historically referred to members of the armed forces of the state with which another state is at war. ... Extraordinary rendition and irregular rendition are terms used to describe the extrajudicial transfer of a person from one state to another with the intent of legally torturing them outside of the jurisdiction of a state which prohibits it. ... Giorgio Agamben (born 1942) is an Italian philosopher who teaches at the Università IUAV di Venezia. ... In American political and legal discourse, the unitary executive theory is a controversial theory of Constitutional interpretation that addresses aspects of the separation of powers. ...

References

  1. ^ A Junior Aide Had a Big Role in Terror Policy, New York Times, December 23, 2005
  2. ^ Torture and Accountability, The Nation, June 28, 2005; Parsing pain, Salon (magazine), February 23, 2006; U.S. Officials Misstate Geneva Convention Requirements , Human Rights Watch, January 28, 2002;Findings Report: Enemy Combatants and the Geneva Conventions, Council on Foreign Relations, December 12, 2002; Memos Reveal War Crimes Warnings, MSNBC, May 19, 2004; The New CIA Gulag of Secret Foreign Prisons: Why it Violates Both Domestic and International Law, Findlaw, November 7, 2005;US Lawyers Warn Bush on War Crimes, Global Policy, January 28, 2003.
  3. ^ http://www.villagevoice.com/news/0728,hentoff,77169,6.html
  4. ^ Congress goes wobbly, The Washington Times, Oct. 25, 2005
  5. ^ "The War Over the War Powers"
  6. ^ Double Standards?, MSNBC, May 15, 2005
  7. ^ Bush Authorized Domestic Spying: Post-9/11 Order Bypassed Special Court, Washington Post, December 16, 2005
  8. ^ a b An interview with John Yoo: author of The Powers of War and Peace: The Constitution and Foreign Affairs after 9/11
  9. ^ A Wunnerful, Wunnerful Constitution, John Yoo Notwithstanding, After Downing Street, December 9, 2005
  10. ^ The Unitary Executive in the Modern Era, 1945-2001 (.pdf), Vanderbilt University
  11. ^ Meek, mild and menacing, Salon (magazine), January 12, 2006
  12. ^ The End of 'Unalienable Rights', Consortiumnews, January 24, 2006
  13. ^ Cassell-Yoo exchange, January 8, 2006 (mp3 audio file)

The New York Times is an internationally known daily newspaper published in New York City and distributed in the United States and many other nations worldwide. ... December 23 is the 357th day of the year (358th in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... The Nation (ISSN 0027-8378) is a weekly [1] U.S. periodical devoted to politics and culture, self-described as the flagship of the left. [2] Founded on July 6, 1865 as an Abolitionist publication, it is the oldest continuously published weekly magazine in the United States. ... is the 179th day of the year (180th in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... Screenshot of Salon. ... February 23 is the 54th day of the year in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday (link displays full 2006 calendar) of the Gregorian calendar. ... Human Rights Watch Banner Human Rights Watch is a United States-based international non-government organization that conducts research and advocacy on human rights. ... January 28 is the 28th day of the year in the Gregorian calendar. ... Also see: 2002 (number). ... The Council on Foreign Relations (CFR) is an influential and independent, nonpartisan foreign policy membership organization founded in 1921 and based at 58 East 68th Street (corner Park Avenue) in New York City, with an additional office in Washington, D.C. Through its membership, meetings, and studies, it has been... is the 346th day of the year (347th in leap years) in the Gregorian calendar. ... Also see: 2002 (number). ... MSNBC, a combination of MSN and NBC, is a 24-hour cable news channel in the United States and Canada, and a news website. ... is the 139th day of the year (140th in leap years) in the Gregorian calendar. ... Year 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... FindLaw. ... is the 311th day of the year (312th in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... January 28 is the 28th day of the year in the Gregorian calendar. ... Year 2003 (MMIII) was a common year starting on Wednesday (link displays 2003 calendar) of the Gregorian calendar. ... The Washington Times[1] is a daily broadsheet newspaper published in Washington, D.C., United States. ... MSNBC, a combination of MSN and NBC, is a 24-hour cable news channel in the United States and Canada, and a news website. ... is the 135th day of the year (136th in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... ... is the 350th day of the year (351st in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... After Downing Street (ADS) is an organization that describes itself as a coalition working to expose the lies that launched the war and to hold accountable its architects, including through censure and impeachment. ... is the 343rd day of the year (344th in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... Vanderbilt University is a private, nonsectarian, coeducational research university in Nashville, Tennessee. ... Screenshot of Salon. ... is the 12th day of the year in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday (link displays full 2006 calendar) of the Gregorian calendar. ... January 24 is the 24th day of the year in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday (link displays full 2006 calendar) of the Gregorian calendar. ... January 8 is the 8th day of the year in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday (link displays full 2006 calendar) of the Gregorian calendar. ...

External links

Interviews

is the 196th day of the year (197th in leap years) in the Gregorian calendar. ... Year 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... FRONTLINE is a public affairs television program of varying length produced at WGBH in Boston, Massachusetts, and distributed through the Public Broadcasting Service network in the United States. ... is the 291st day of the year (292nd in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... November 16 is the 320th day of the year (321st in leap years) in the Gregorian calendar, with 45 days remaining. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... ...

Writings by Yoo

The New York Times is a daily newspaper published in New York City by Arthur Ochs Sulzberger Jr. ...

News articles

Michael Isikoff (born 1952) is an investigative journalist for the United States-based magazine Newsweek. ... The Newsweek logo Newsweek is a weekly news magazine published in New York City and distributed throughout the United States and internationally. ...

Analysis


  Results from FactBites:
 
John Yoo defends views on treatment of terrorists | (702 words)
Yoo, now a law professor at the University of California at Berkeley School of Law, helped author a controversial memo in 2002 that advised the White House that captured al-Qaida terrorists and Taliban fighters should not be considered prisoners-of-war.
John Yoo, law professor at the University of California at Berkeley School of Law and former U.S. Justice Department attorney, spoke recently at the William and Mary School of Law.
With that known, Yoo said, there is nothing wrong with analyzing the laws to determine what the legal boundaries are for interrogating enemies who have no territory citizens and no fear of dying in their attacks.
  More results at FactBites »

 
 

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