Saturday, January 30, 2010

John Yoo explains the torture memos

Balkinization offers this commentary on John Yoo's recent discussion of the torture memos:

"That is, the torture memos were written not to define "torture" with respect to new situations where the statute was unclear; rather they were written to allow the CIA to get around the legal ban on torture, even to the point of arguing that the torture statute would be unconstitutional if applied to persons acting under the direction of the President as commander-in-chief. The torture memos were not a hypothetical lawyer's exercise to guide future conduct. They were written in order to ensure that members of the CIA would never be prosecuted for torture."

5 comments:

Don Spark said...

Hi,
That's a great quote...if John Yoo made it. Can you provide the source...or preferably a link to the source of that quote? Or, is it from Yoo's new book?

Josh said...

Sorry, I see now that my post was unclear. The quote is not from Yoo, but rather from an article discussing his comments (although it would have been great if the quote had come from him!). I'm amending the post to make this clear. The source is here: http://balkin.blogspot.com/2010/01/john-yoos-explanation-of-purpose-of.html

Don Spark said...

OK Thanks Josh. I subscribed to your "friend connect".

Glad to see you are covering this. Stay up on John Yoo, the Bush torture team and all the twisted double-think on these subjects by reading or subscribing to my blog at

firejohnyoo.org

Josh said...

Will do, thanks!

Boris said...

What's really torturous is the low frequency of updates to this, my favorite blog on the internet!