He writes:
Balkinization: My own conclusion is that Yoo and Bybee did violate their professional obligations to the President as constitutional actor, and to the country as a whole. The reason is a combination of their outrageous theory of presidential dictatorship and their all too eager assistance in what appears to be a conspiracy to commit war crimes. But I do not pretend that the question is at all an easy one.
Sorry, I don't see why the question is not an easy one. It's open and shut, by simple inspection.
Yoo's theory of Presidential powers is ridiculous on its face. In fact Yoo's whole performance around that theory -- several hundred publications all hanging on one offhand and unserious comment by Hamilton -- would make a good and funny satirical review of academic trivia-for-career, were it not that his fellow academics have apparently given him the academic kudos that he was obviously playing for by inane production-line methods.
As for the torture memo, the only way to see it as anything but a servile screed produced for his bosses' wants would be to be immersed in the White House conspiracy and totally blinded by their egos, their world-rule fantasies, and their moral vacuum.
Posted by: David Lloyd-Jones | May 17, 2008 at 10:48 AM