Thursday, April 23, 2009

"Idiosyncratic views"

In other words, John Yoo's views were known to be batshit crazy, so that should shield him from prosecution over actions taken because of his views.

The shield against prosecution provided by the Bush legal team’s assurances has led some critics to focus on the role played by the lawyers themselves, like Mr. Cheney’s counsel, David S. Addington; Mr. Rumsfeld’s counsel, William J. Haynes II; and the authors of the Justice Department memorandums: John C. Yoo, Jay S. Bybee and Steven G. Bradbury.

Legal specialists from across the ideological spectrum have criticized those memorandums, especially a set written in 2002 by Mr. Yoo and Mr. Bybee, who is now a federal judge. Some have accused the lawyers of deliberately writing down a false reading of the law to enable policy makers to violate it with impunity.

But there is little precedent for prosecuting government lawyers who provided arguably bad legal opinions. Moreover, Mr. Yoo, the memorandums’ principal author, had espoused idiosyncratic views about presidential power before joining the Justice Department, so it would be difficult to prove that he did not believe what he was writing.
Good to know he's teaching at Berkeley.

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