A Tale of Abuse - Washington Post editorial

[mahatmakanejeeves]

A Tale of Abuse

John Yoo might be responsible for Padilla's torture, so the best thing to do is grant him immunity.

Mr. Padilla asserts that Mr. Yoo, a former lawyer in the Justice Department's Office of Legal Counsel and now a law professor at the University of California at Berkeley, should be held personally responsible because he provided the legal and policy guidance that allowed the alleged abuse; Mr. Padilla filed a similar lawsuit against former defense secretary Donald H. Rumsfeld, among others. Mr. Padilla's legal contention is far-fetched. A federal appeals court ruled that he was legally detained. Mr. Yoo's memo was breathtakingly broad and, we believe, wrong because it gave too little consideration to constitutional and statutory provisions that should have been a check on the president's power. The Justice Department ultimately repudiated it. But Mr. Yoo is almost certainly entitled to immunity from personal liability because he was acting in his professional capacity in advising the executive. Unless Mr. Padilla is able to prove that Mr. Yoo was either incompetent or acted in knowing violation of the law, the lawsuit should be dismissed. Allowing the lawsuit to go forward could also have a chilling effect on administration lawyers who may fear being held individually liable for giving candid advice.

[Demeter]

1. Candid Advice Is One Thing--Bad Advice Is a Whole 'Nother Thing

and advising anyone to act illegally is grounds for disbarment at least. Advocating and abetting treason is a crime, and may have capital punishment.

[Vinnie From Indy]

2. Typical

"Allowing the lawsuit to go forward could also have a chilling effect on administration lawyers who may fear being held individually liable for giving candid advice."

That's kind of the point isn't it? Shouldn't our laws make guys like Yoo and Bush be afraid of being held accountable for their illegal actions?

[fasttense]

3. No wonder Milton Friedman held up Pinochet as the shinning example

of the "free market" in action. Seems he knew torture was required in order to implement "free market" policies. The bush learned a lot from Pinochet and Milton.