Hoisted from Comments: Rea says:
Grasping Reality with Both Hands: The Semi-Daily Journal Economist Brad DeLong: "Leitner's analysis is that Yoo did nothing wrong because he was acting in "good faith", like a tax adviser who gives incorrect advice."
Problem is, Yoo, ignored the Youngstown case in formulating his advice. The Youngstown case, as anyone with the slightest passing familiarity with constitutional law knows, ought to be the very first case anyone looks at when considering the extent of the President's powere as Commander in Chief of the armed forces. That sort of mistake can't happen in good faith. If he'd written up an argument that Youngstown was inapplicable, or wrongly decided, he might be able to make a plausible claim of good faith, but not even to mention it?
What would you make of a sportswriter who did a preseason analysis of the 2008 baseball season, and didn't mention the Red Sox? Not, predicted they wouldn't do well, but simply didn't mention them?