John Yoo

John Yoo Says War Powers Act Applies to Libya

The Wall Street Journal, May 20, 2011 by John C. Yoo and Robert J. Delahunty

Attorney General Eric Holder’s Justice Department is arguing that the War Powers Resolution doesn’t apply because the Libyan intervention is too “small” to constitute a “war” under the Constitution. This will come as a surprise to Moammar Gadhafi, who has escaped several attempts on his life, not to mention the Libyans killed by U.S. strikes.

John Yoo Says Bin Laden Operation Vindicates Bush Policies

-National Review Online, May 2, 2011 by John Yoo

The majority of the credit for the operation that killed Osama bin Laden goes to the Obama administration. But it is also a vindication of the Bush administration’s terrorism policies and shows that success comes from continuing those policies, not rejecting them.

-The Wall Street Journal, May 4, 2011 by John Yoo

According to current and former administration officials, CIA interrogators gathered the initial information that ultimately led to bin Laden’s death…. President George W. Bush, not his successor, constructed the interrogation and warrantless surveillance programs that produced this week’s actionable intelligence.

-National Public Radio, May 6, 2011 by NPR Staff

I think that this administration has a strong preference not to capture any al-Qaida leaders and would rather kill them…. However, I think it’s much better for our national security if we could capture them—as we used to—and interrogate them in order to build our mosaic of intelligence on the al-Qaida network. In fact, it’s precisely those earlier captures and interrogations, back in the first years after 9/11, that produced the intelligence that eventually allowed us to find the couriers that led us to bin Laden himself.

-USA Today, May 9, 2011 by John Yoo

We should not forget what made the operation possible: President Bush’s counterterrorism policies. Obama administration sources confirm that the coercive interrogation of three al-Qaeda leaders identified the courier who led the CIA to bin Laden.

John Yoo Calls for No-fly Zone Over Libya

The Wall Street Journal, March 5, 2011 by John Yoo (registration required; go to H:\Law School in the News\In the News 2011\News Clips for article)

It should come as no surprise that an administration dominated by academic thinking on Iraq is making a fetish of international law in Libya. This pious elevation of international law over American national interests means that more innocent civilians will die and authoritarian regimes will last longer.

John Yoo Challenges Gitmo “Myths”

The Wall Street Journal, December 11, 2010 by John Yoo and Robert J. Delahunty

Contrary to the Gitmo myth, innocent teenagers and wandering goat herders do not fill the base. Last May, an administration task force found that of the 240 detainees at Gitmo when Mr. Obama took office, almost all were leaders, fighters or organizers for al Qaeda, the Taliban or other jihadist groups. None was judged innocent. All of this is having an impact on Congress, which this week voted overwhelmingly to de-fund any effort to shut down the Gitmo prison.

John Yoo Criticizes Civilian Trials for al Qaeda

The Wall Street Journal, November 20, 2010 by John Yoo (requires registration; go to G:\Law School in the News\News Clips for article)

The near-total acquittal of an al Qaeda agent by a New York jury this week should, at a minimum, be the last gasp for President Obama’s misguided effort to wage the war on terrorism in the courtroom. But it should also spell the end for a broader law-enforcement approach that interferes with our effective prosecution of the conflict. The best course now is simply to detain al Qaeda members, exploit them for intelligence, and delay trials until the end of hostilities.

John Yoo Rejects New Start Treaty

The New York Times, November 9, 2010 by John R. Bolton and John Yoo

To prevent New Start from gravely impairing America’s nuclear capacity, the Senate must ignore the resolution of ratification and demand changes to the treaty itself. These should include deleting the preamble’s language linking nuclear arsenals to defense systems, and inserting new language distinguishing conventional strike capacities from nuclear launching systems or deleting limits on launchers entirely.

John Yoo Says Leave Same-Sex Marriage to Voters

The Wall Street Journal, August 12, 2010 by John Yoo (requires registration; go to G:\Law School in the News\News Clips for article)

As someone who supports gay marriage as a policy matter, I trust in the ultimate good will and generosity of the American people, if given the chance to express themselves through the Constitution’s traditional system for social change. Prematurely nationalizing gay marriage—either by banning it through constitutional amendment or allowing it by judicial fiat—only promises a replay of the abortion drama.

John Yoo Defends Bush Wartime Policy

-Contra Costa Times, July 21, 2010 by Steven Harmon

“Presidential power is really designed to expand during periods of crisis brought on by foreign threats and national security concerns,” Yoo said.

-San Francisco Chronicle, Politics Blog, July 21, 2010 by Justin Ho

[Yoo] said it will take 20 to 25 years to get a sense of where Bush will rank among the presidents. “But I also think people will not think of him as the worst president that you hear about all the time now. They have access to the archives, and they’ll see the kinds of context that there was around the decisions he had to make.”

-The Sacramento Bee, July 22, 2010 by Gina Kim

“It’s a wartime policy question,” Yoo said. “American presidents, when they know the threats the country is under, it’s no surprise they made the choices they did.”

John Yoo Blames Democrats for McChrystal Fiasco

The Wall Street Journal, June 24, 2010 by John Yoo (requires registration; go to G:\Law School in the News\News Clips for article)

Mr. Obama may have had little choice but to fire the general to restore civilian control over the military. And for this no-win situation, he has only his partisan allies in Congress to blame. It directly and predictably arose not from the war in Afghanistan, but from congressional efforts to undermine the Iraq war and the war on terrorism during the Bush years.