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.
John Yoo in the news:
John Yoo quoted in Los Angeles Times, December 28, 2013
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.”
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.
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.
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.”
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.
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.
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.
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.”
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.
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.”
John Yoo interviewed on Wall Street Opinion Journal, March 25, 2013
“Some conservatives are afraid of the outcome and are hoping the Court might kick the case out. But the whole point of the initiative process is that … voters of California didn’t trust their elected officials to carry out their policies. So they used the initiative process to go around established government. As a federalism issue, that’s a matter of state law, that’s for Californians to decide; who under our Constitution is the best person or party to defend the law.”
John Yoo quoted in McClatchy Newspapers, March 19, 2013
“I think President Obama has been as equally aggressive as President Bush, and, in fact, he has sometimes used the very same language to suggest that he would not obey congressional laws that intrude on his commander-in-chief power,” said Yoo…. “This is utterly hypocritical, both when compared to his campaign stances and the position of his supporters in Congress, who have suddenly discovered the virtues of silence.”
John Yoo quoted by POLITICO, March 8, 2013
“On the substance, I do happen to think Sen. Paul is incorrect,” said Yoo…. “I don’t often say this, but I think the attorney general has the right bottom line. Unfortunately, I think he gets there in the wrong way and he does it in sort of the most politically incompetent manner.”
John Yoo quoted in The Wall Street Journal, March 7, 2013 (registration required)
“It does and should reopen the debate about the proper place to try high-ranking Al-Qaeda members,” said John Yoo…. Mr. Yoo said if there is a rush to send suspects such as Mr. Abu Ghaith to civilian courts, it could inhibit the government’s ability to fully exploit any intelligence gathered through his capture. Also, a civilian trial could expose classified intelligence-gathering techniques to the U.S.’s enemies, Mr. Yoo said.
John Yoo quoted in Mother Jones, March 7, 2013
“I think it’s right, if an American joins an enemy with which we are at war, he is, or she is, a valid target as an enemy combatant. That’s been the rule throughout our history,” Yoo said. “People in the Civil War were all American citizens, but the ones who took up arms were members of the enemy.”
John Yoo quoted in San Francisco Chronicle, March 6, 2013
“It would be a mistake for the Supreme Court to use this case to basically cut off the political process and impose its own view on a moral and political question that is very divisive.” The savvy conservative believes in states’ rights and voters’ right to choose their marriage laws.
Daniel Farber and John Yoo cited in National Public Radio, It’s All Politics blog, February 8, 2013
In an interview, Farber said…. “Presidents, regardless of political party, or liberal versus conservative, they just don’t seem to have a lot of qualms about doing what they think is necessary for national security. So it doesn’t surprise me [that Obama has allowed Americans to be targeted in drone strikes overseas]. There have been very few exceptions.”
In his 2006 book, War by Other Means: An Insider’s Account of the War on Terror, Yoo argues that killings in the context of a war is what legitimizes the federal government’s actions: “When a nation goes to war, it seeks to defeat the enemy in order to prevent future harms on society inflicted by enemy attacks…. The military bombs a building when it estimates with varying degrees of certainty that enemy soldiers or munitions are there. It does not wait to attack until it has proof beyond a reasonable doubt or probably cause.”
John Yoo quoted in San Francisco Chronicle, February 6, 2013
“What’s the greater deprivation of liberties?” asked UC Berkeley law professor John Yoo, who wrote some of the Bush Justice Department legal opinions that authorized CIA use of enhanced interrogation techniques―waterboarding or incinerating?
John Yoo writes for Wall Street Journal, January 30, 2013
Every president should seek to leave the office stronger than when he found it. The Framers understood that the future’s challenges could not be anticipated, and so the executive’s powers should not be wasted for short-term political advantage. Mr. Obama holds the prospect of leaving a diminished presidency that will put his successors in a far worse position than the one he inherited.