In the News

John Yoo in the news:

A war authorization for weaklings

John Yoo interviewed by WSJ Video, February 12, 2015

I hate to say it, but what President Obama’s trying to do, and this is a first for a modern-day president, is he’s trying to actually handcuff himself and his successor. If you actually take a moment to look at the proposal that he’s sent forward, it’s an incredible document, one unlike any a president has sent to Congress before. It limits his own powers.

At center of immigration suit, a clause with a funny name

John Yoo and Robert J. Delahunty article cited in The Wall Street Journal, December 3, 2014

“If the President may constitutionally permit 15% of the Nation’s illegal immigrant population to remain in the United States without fear of removal, why may he not do the same for 50% of that population, or for all of it?” they wrote in an article on the scope of the Take Care Clause.

GOP ponders its next move

John Yoo article cited in Los Angeles Times, November 25, 2014

“Obama is flouting his fundamental duty, set out in Article II of the Constitution, to take care that the laws be faithfully executed,” wrote UC Berkeley’s John C. Yoo in National Review.

Scope of Obama’s amnesty order would be unprecedented

John Yoo and Robert Delahunty article cited in Newsmax, November 18, 2014

“Can a president who wants tax cuts that a recalcitrant Congress will not enact decline to enforce the income tax laws? Can a president effectively repeal the environmental laws by refusing to sue polluters, or workplace and labor laws by refusing to fine violators?”

It’s time for India and the US to band together

John Yoo and Riddhi Dasgupta write for Fortune, November 17, 2014

Amid the falling out between Pakistan and the United States and China’s rise, there is no better time for the two powerful democracies to develop a strong alliance.

Opinion: Closing Gitmo would be a huge, huge mistake

John Yoo interviewed on WSJ Live, October 13, 2014

“If he wants to ruin the last two years of his presidency, I couldn’t think of a better way to do it, which is to bring the worst terrorist leaders … and house them in the United States somewhere. … If they come into the United States, they’re going to have the same rights as the … everyday criminals in the United States, but everyday American citizens, too.”

UC Berkeley law professor Yoo speaks at PARW event

John Yoo quoted in San Jose Mercury News, October 8, 2014

“Most countries in the Western world have a parliamentary democracy, whereby the executive branch derives its legitimacy and is held accountable to the legislature or parliament. We have a separately elected executive branch, and the Constitution allows our president to act quickly and efficiently in emergencies, especially when dealing with foreign affairs and national security.

Mass collection of US phone records violates the Fourth Amendment

John Yoo debates on Intelligence Squared, October 7, 2014

After 9/11 … we decided this would be a reasonable thing to do to try to find any more terrorists coming to the United States: by looking at phone numbers of people from abroad calling into the United States and what those phone numbers called—to try to detect patterns of enemy agents trying to infiltrate into the United States. That’s the purpose of the program.

Obama administration ‘hypocrites’ over military operation

John Yoo quoted in Newsmax, October 2, 2014

“In Iraq … we are protecting our own national security against the terrorist group—the one that has said openly that wants to take actions against us and launch attacks on our homeland,” he said. “If this terrorist group is in Syria too, the U.S. has the right to pursue them. This was the thing that the Bush administration’s critics like President Obama were jumping up and down screaming about after the Iraq invasion.”

Obama is defying the Constitution on war

John Yoo report cited in The Washington Post, September 17, 2014

Liberals who favor tolerating other views seem amazed that there are other views. Such as the argument from John Yoo — a Berkeley law professor who served in Bush’s administration — that  because presidents are “vested with all of the executive power of the federal government,” they are empowered “to initiate military hostilities to protect the national security.”

The President doesn’t need Congress’s approval to attack ISIS

John Yoo writes for National Review Online, September 11, 2014

Under Article II, Section 2 of the Constitution, the president is commander-in-chief of the armed forces. … This power should  allow the president to attack countries and terrorist groups to prevent them from harming the U.S., even if not with an imminent attack.

Kozinski challenges judge’s letter over surveillance court legislation

John Yoo quoted in Daily Journal, (registration required), August 26, 2014

“I am not sure why a single judge—no matter what his position in the Judicial Conference—can speak on behalf of the entire judiciary on a matter of the constitutionality of a bill.”

John Yoo: Do you feel safer?

John Yoo quoted in San Francisco Chronicle, August 11, 2014

“You have a president who basically has tried to reverse the major elements of the Bush policies, not just on terrorism, but on foreign policy. Under which administration is America’s situation better off?”

Supremes curb Obama’s executive overreach

John Yoo interviewed on WSJ Live, Opinion Journal, June 26, 2014

“I think it’s a rebuke to President Obama, but, at the same time, this decision plays the delicate task of trying to preserve presidential power for the next president. It still says that the president has this power to appoint lower executive branch officials during recess, but that President Obama stretched the power too far, even too far for all nine members of the Supreme Court.”

Rand Paul’s delusions are right at home in Berkeley

John Yoo writes for National Review and cited in The Washington Post, March 25, 2014

“Senator Paul is drunk on the publicity of pulling a stunt like speaking in Berkeley as a libertarian Republican. He’s getting a lot of praise for venturing into the lion’s den (as it were). . . . Paul was clever to raise the single issue on which his extreme libertarian views would find a sympathetic reception from a young crowd who were about anywhere from five to eight years old at the time of the 9/11 attacks and believe they have more to fear from the NSA wiretapping their smartphones (for what possible purpose?) than another terrorist attack.”


Obama Administration may give permanent asylum to Somali pirate

John Yoo interviewed on Fox News, February 22, 2014
“It’s a natural outgrowth of the policies that the Attorney General and the Obama Administration are pursuing by trying to use the civilian domestic criminal justice system to try terrorists and pirates.”

Preparing students for Korea’s new legal market

Laurent Mayali and John Yoo quoted in the Daily Journal, February 20, 2014 (registration required)
-Berkeley Law professor Laurent Mayali, one of the center’s co-directors, said the prime minister’s involvement, along with the high number of Berkeley alumni in the Korean legal system, will allow for a two-way conversation between the two communities. “It’s really a joint enterprise,” he said.

-Yoo, the other co-director, said the former prime minister was already providing guidance during his first visit to the center, speaking at an internal conference the university held on territorial disputes between China, Japan and Korea. “Obviously, having somebody who’s in the room who’s been a part of the head of the government, giving the perspective of Korea, to understand the problem, the facts, and so on—for us it’s invaluable,” Yoo said.

Korea Law Center in the news

John Yoo cited in Naver, February 19, 2014
The former prime minister Kim Hwang-Sik (photo) and Professor John Yoo describing the plans for the UC Berkeley Korea Law Center in the former prime minister’s office at Berkeley School of Law.

New judge, new ruling on spying

John Yoo quoted in Los Angeles Times, December 28, 2013
John Yoo … said Pauley had followed the Supreme Court’s previous rulings about what sorts of information the Fourth Amendment protects. By contrast, “Judge Leon tried to escape” what the high court had previously ruled, Yoo said in an email. “It is up to the Supreme Court, not a trial judge, to decide whether to overrule” its previous case, he said. “The conflicting decisions,” he added, “seem guaranteed to send the issue to the Supreme Court for the last word” unless the D.C. Circuit overrules Leon’s decision.

Opinion: Why NSA surveillance is constitutional

John Yoo interviewed by Wall Street Journal Online, December 17, 2013

“We are quite accustomed to companies and government being able to analyze and sort through all of that information without us thinking it has some kind of Fourth Amendment constitutional protection.”