John Yoo

Legal experts skeptical Trump can unilaterally subsidize Appalachian coal

John Yoo quoted by The Daily Caller, Aug. 15, 2017

“There could be existing statutes that provide for subsidies for industries that are harmed by unfair trade competition or that are advancing innovative techniques for energy development,” said Yoo. … “If no existing statute exists creating the program, then President Trump will have to ask Congress for new funds this upcoming year.”

Legal scholars dispute whether monuments are permanent

John Yoo cited by High Country News, Aug. 2, 2017

Yoo and Gaziano offer advice for how Trump should proceed: “We think the courts are more likely to uphold significant reductions if the president could credibly include in his determination that the original designation was inappropriately large relative to the object to be protected or has become so with changed circumstances,” they write in a report.

What the Trump administration needs to tell its supporters about China

John Yoo quoted by The Washington Post, July 31, 2017

“Hisense is a Chinese manufacturer of television screens, a competitor to Samsung or Sony or Vizio, which you might see at a Costco or a Best Buy,” John Yoo, law professor at the University of California at Berkeley, said on my radio show this month. “The thing is, Hisense is completely owned by a Chinese city, by a subdivision of the Chinese government.”

Meeting with a Russian is not a crime

John Yoo co-writes for Chicago Tribune, July 17, 2017

For now, two words describe the Trump Tower meeting: brain-dead. But dumb does not equal criminal. Criminalizing all dumb moves in political campaigns would effectively eviscerate the First Amendment.

It’s magical legal thinking to say Trump can’t reverse Obama’s national monuments

John Yoo co-writes for Los Angeles Times, July 6, 2017

A presidential power to create permanent national monuments flies in the face of the plain text of federal law, the conventional relationship between presidents and Congress and historical understandings of executive power. Trump has the right to reverse the national monuments created by previous presidents without an act of Congress, but by the same token, the Constitution creates a check by allowing future presidents to reverse Trump too.

Privacy vs. Security: Experts debate merits of each in tech-rich world

Catherine Crump and John Yoo quoted in Government Technology, June 7, 2017

“The problem with that is you cannot build a backdoor that works only for the U.S. government, good guys or other people with good motives,” Crump argued. “If you build it for them, encryption will be weakened for everyone.”

“It’s possible that a consequence of more encryption might actually be more security for our country. I just don’t see why Apple gets to decide that for the United States,” Yoo said. “I think if that is really a consequence of increasing encryption, then our government, who we elect and send to Washington, should make that call.”

On travel ban, judges reach ‘Trump only’ decision

John Yoo quoted by Washington Examiner, May 26, 2017

“The Fourth Circuit clearly says that the executive order is legal on its face because of its invocation of national security reasons. But the court refuses to apply the traditional deference to the president and Congress in immigration affairs because of Trump’s statements both as a candidate and as president that — it claims — reveal he is acting in bad faith.”

Despite Comey firing, still no need for ‘independent counsel’

John Yoo co-writes for The Philadelphia Inquirer, May 14, 2017

Critics who believe Trump is violating the limits of presidential power should not turn outside the Constitution itself for the answer. Instead, Republicans and Democrats should pause, take a deep breath, and let the Constitution work. The institutions designed by our Founders will survive Trump, as they did the presidents before.