John Yoo's Tortured Logic

John Yoo's Tortured Logic:

"At the Justice Department between 2001 and 2003, Berkeley law professor John Yoo crafted a series of now notorious legal opinions. In them, he spelled out the fundamentals of a secret emergency Constitution under which the President's inherent powers in the 'war on terror' are essentially unlimited. In the wake of 9/11, Yoo argued, the United States was at war in a constitutional sense, and consequently Congress and the courts could no longer purport to second-guess or interfere with or even learn about the President's national-security decisions, however momentous. Supposedly vital for fighting mass-casualty terrorism, Yoo's presidential Constitution was never publicly discussed or debated. Instead, it began to leak out, one memo at a time, only after important policy choices had been made on the basis of its presumed authority. The memos claimed to provide legal grounds for a whole range of now hotly contested decisions concerning indefinite executive detention without access to counsel, harsh interrogation techniques, rendition to countries known for torture, the establishment of clandestine prisons for 'ghost detainees,' the assassination of terrorist suspects by US hit squads worldwide and (we have learned) warrantless surveillance of telephone and e-mail communications between the United States and overseas. "