"ultra vires"

| | TrackBacks (0)

Why Are Justice Department Lawyers Defending John Yoo?

By Scott Horton, HARPERS MAGAZINE, February 11, 2009

The Bush Justice Department rushed to defend John Yoo when he got hit with civil lawsuits brought by victims of the torture policies that he helped to author. Now the Obama Administration, which is legally obligated to conduct a criminal investigation of Yoo, seems poised to fall into a trap. The assumption is that Yoo is being sued for things he did as a Justice Department employee, so his defense is to be furnished at taxpayer's expense. But this assumption is wrong, because the misconduct by Yoo that has provoked the lawsuits isn't run-of-the-mill incompetence. As Professor Jordan Paust explains, Congress passed a resolution in 1781 providing that government servants who cause injuries under the laws of nations must bear those liabilities themselves, and twelve years later a justice of the Supreme Court affirmed the principle. War criminals have no right to call on the Justice Department to defend them. They have every reason to expect to be prosecuted.

0 TrackBacks

Listed below are links to blogs that reference this entry: "ultra vires".

TrackBack URL for this entry: http://www.firejohnyoo.net/cgi-bin/mt/mt-tb.cgi/378

UC Berkeley Billboard

press conference, protest, photos, video, reports

Donations via PayPal
are not tax deductible.

Events & Calendars

War Criminals Watch Events

Important Reading

Physicians for Human Rights
Broken Laws, Broken Lives

NLG White Paper

The President's Executioner

Detention and torture in Guantanamo

About this Entry

This page contains a single entry published on February 12, 2009 11:27 AM.

Al Adahi, et al v Barack H. Obama, et al was the previous entry in this blog.

Human rights groups accuse Pentagon of running secret prisons, cooperating with CIA "ghost detention" program is the next entry in this blog.

Find recent content on the main index or look in the archives to find all content.