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May 17, 2008

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Leila Abu-Saba

I like this photo of Dean Edley confronted by a protester at Boalt Hall graduation today:

http://www.sfgate.com/cgi-bin/object/article?f=/c/a/2008/05/17/BAOK10OF9L.DTL&o=3

We passed some of the protestors on Shattuck near University at 1 pm, just across the street from a middle-aged motorcycle gang and some flag wavers. I assumed it was all about the Marine recruiting kerfuffle so I was glad to see these photos in the Chronicle explaining the real target of the torture protesters.

Seeing the picture of Dean Edley in his robe with the hooded protester makes the whole discussion that much more vivid. Click through to all the photos - seems they also hired a plane to pull a banner over the Greek theater saying "Shame on Yoo - and UC".

Lifted my heart.

jerry

Leila, thank you very much for that link. I try to read the sfgate when I can, and pay attention to Berkeley happenings, but I missed that. I am so glad there is any sort of visible protest against Yoo.

"Lifted my heart."

Me too.

non-lawyer

""In France, innumerable summary executions occur, even as I sit here writing. Each day certainly more than a thousand people are killed, and thousands of German men experience murder as a matter of routine. And yet all of that is child's play compared to what's going on in Poland and Russia. Can I learn about this and just sit at the table in my heated apartment and drink tea? Don't I establish my complicity simply by doing nothing? What will I say in the future, when someone asks me: and what did you do during this time?"

- Helmuth von Moltke, in a letter to his wife, Oct. 19, 1941

[...]

"These are questions Moltke asked. They are questions that the US-led prosecution team in Nuremberg asked. They are questions that Americans should be asking today about the conduct of government lawyers who have seriously wounded, if not destroyed, the Geneva system.

For this issue, one Nuremberg case forms the key precedent: United States v. Altstoetter, also called the Reich Justice Ministry case. That case stands for some simple propositions. One of them is that lawyers who dispense bad advice about law of armed conflict, and whose advice predictably leads to the death or mistreatment of prisoners, are war criminals, chargeable with potentially capital offenses."

When Lawyers Are War Criminals

http://balkin.blogspot.com/2006/10/when-lawyers-are-war-criminals.html


What will Berkeley say in the future when someone asks: and what did you do during this time.

The answer, so far, is: we accepted and protected one of the criminals.

also not a lawyer

Dean Edley: "no argument about what [Yoo] did or didn’t facilitate, or about his special obligations as an attorney, makes his conduct morally equivalent to that of his nominal clients, Secretary Rumsfeld, et al., or comparable to the conduct of interrogators distant in time, rank and place."

This sounds like a defense attorney in a murder trial, not a law school dean. Is that really his role?

Why not just stick to the academic freedom angle and ride that as far as he can?

Edley knows the role of the OLC, no? That it exists to provide the Administration with legal interpretations, right? He has to understand that if the OLC says something is legal, the Administration has a strong case against later liability, yes?

Is Edley angling for a Halliburton building or something? I just don't get why he'd be so eager to throw the cred of Boalt Hall away SO EAGERLY.

Chris Brown

"I have less sympathy, however, for Dean Edley’s assertion that:

no argument about what [Yoo] did or didn’t facilitate, or about his special obligations as an attorney, makes his conduct morally equivalent to that of his nominal clients, Secretary Rumsfeld, et al., or comparable to the conduct of interrogators distant in time, rank and place.

Is that right?"

It seems to me that the Dean's logic is as tortured as was Yoo's, attorney as slut, legal analysis.

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