|
|
|
|
|
|
|
|
[""It depends on why the President thinks he needs to do that." Yoo wasn't just a law professor theorizing about the legalization of torture. He was a government official who, in concert with other government officials, set out to enable a brutal and systematic torture regime, and did so." ... "Since the Nuremberg Trials, "war criminals" include not only those who directly apply the criminal violence and other forms of brutality, but also government officials who authorized it and military officials who oversaw it. Ironically, the Bush administration itself argued in the 2006 case of Hamdan -- when they sought to prosecute as a "war criminal" a Guantanamo detainee whom they allege was a driver for Osama bin Laden -- that one is guilty of war crimes not merely by directly violating the laws of war, but also by participating in a conspiracy to do so." ... "That legal question was unresolved in that case, but Justices Thomas and Scalia both sided with the administration and Thomas wrote (emphasis added):"Listen to John Yoo interview: "Cassel: If the president deems that he's got to torture somebody, including by crushing the testicles of the person's child, there is no law that can stop him?" ... "Yoo: No treaty." ... "Cassel: Also no law by Congress -- that is what you wrote in the August 2002 memo..." ... "Yoo: I think it depends on why the President thinks he needs to do that."]
