In the News

John Yoo in the news:

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.”

Why the Manning verdict was a mistake

John Yoo interviewed by The Wall Street Journal Digital Network, Opinion Journal, August 22, 2013

Bradley Manning stole some of America’s greatest secrets. He took them and gave them to a known anti-American website, WikiLeaks, run by Julian Assange, and that information has done irreparable harm to our national security.

The loyalty test

John Yoo writes for The Wall Street Journal, August 8, 2013 (registration required)

The mishandling of Mr. Tsarnaev’s interrogation is clear. If the Obama administration had held Mr. Tsarnaev as an enemy combatant, it could have continued its questioning so long as it kept the answers out of any future trial. But trapped by an ideology that sees terrorism as a law-enforcement problem, the administration limited questioning only to imminent dangers and crimes but not the suspect’s broader network and training.

Court rulings blur the line between a spy and a leaker

John Yoo re-quoted in The New York Times, August 2, 2013

“Manning’s defenders will say that Manning only leaked information to the 21st-century equivalent of a newspaper, and that he could not have known that Al Qaeda would read it,” Professor Yoo wrote in National Review Online. “But WikiLeaks is not The New York Times or The Wall Street Journal, and it does not have First Amendment rights,” he added. “Manning communicated regularly with WikiLeaks’ founder and would have known about the group’s anarchic, anti-U.S. mission.”

The Manning verdict is a mistake

John Yoo writes for National Review Online, The Corner, July 30, 2013

The military judge has seriously erred in acquitting Bradley Manning of aiding the enemy, though his guilt on numerous, lesser charges should mean that he will spend the rest of his life in jail. Manning gave a treasure trove of classified intelligence to Wikileaks which has gravely damaged our national security by releasing the names of intelligence assets, disclosed U.S. tactics and operations, and revealed secret diplomatic negotiations.

Disabling democracy

John Yoo co-writes for The Wall Street Journal, From the City Journal, July 11, 2013

The media reaction to the Supreme Court’s two rulings on gay marriage last week focused largely on just one of them: the verdict striking down the federal Defense of Marriage Act. Relatively little attention was paid to the other, a decision on California’s Proposition 8. But that decision could have greater consequences—not only in the Golden State, where it hobbles direct democracy, but in every other state that uses popular initiatives to overrule the governing class.

NSA activities shouldn’t be aired in public

John Yoo writes for USA Today, June 12, 2013

By combining telephone call records (but not the content of calls) and foreigners’ e-mails abroad — neither of which is protected by the Fourth Amendment — the NSA can at least create the data necessary to quickly identify and frustrate terrorist plans. Of course, the NSA should not receive a blank check. But it is unnecessary, and even harmful, to air its activities in public.

Boston—clash of the talking points

John Yoo quoted in Los Angeles Times, April 24, 2013

“Law enforcement alone means the nation lies vulnerable to attacks on soft targets and must expend enormous resources to catch the killers afterwards. A preemptive strategy based on intelligence and the use of force overseas seeks to prevent such attacks further from our shores.”

Banned by Moscow, and proud of it

John Yoo writes for The Wall Street Journal, April 18, 2013 (registration required)

Moscow announced its travel ban in response to American sanctions on 18 Russian officials involved in the 2009 death of Sergei Magnitsky, a lawyer in Moscow…. By placing American officials and others on a sanctions list, Vladimir Putin is replaying the old Soviet game of claiming a moral equivalence with the West.

Obama’s United Nations backdoor to gun control

John Yoo and John Bolton write for The Wall Street Journal, April 14, 2013

The attempt to advance gun control through the Arms Trade Treaty might surprise average Americans, but not liberals, who have been long frustrated by the Constitution’s limits on government. Gun-control statutes, like any others, have to survive both the House and the Senate, then win presidential approval. It is far easier to advance an agenda through treaties, unwritten international law, and even “norms” delivered by an amorphous “international community.”