Law Prof: Prosecute John Yoo

 

yoo2Erwin Chemerinsky, Dean of the Law School at the University of California Irvine, has called for prosecuting John Yoo for a legal opinion. Well, this would only be done once, and for a good cause, of course, so there’s really no down-side to putting one fellow in jail for a brief. As the article quotes the learned Dean:

“How else do we as a society express our outrage? How else do we deter it in the future—except by criminal prosecutions?”

Huh! Great point. I’m coming up short on alternatives. I mean, he’s really on to something here: what is the point of having a legal system if it doesn’t click its heels, crisply salute, and draw up papers because we want to express our outrage?

However. As much as I admire the Dean’s desire to hasten us towards an emotion-based legal system, I am troubled by the suspicion that he has never called for such a thing before, and the first example he chooses is an Asian-American. Don’t get me wrong – prosecute away. I just want to make sure we don’t have a disparate-impact situation.

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  1. user_1447 Inactive
    user_1447
    @CalLawton

    Afterwards I wonder what kind of check we’ll need to cut for Khalid Sheikh Mohammed?

    • #1
  2. Foxfier Inactive
    Foxfier
    @Foxfier

    James Lileks:

    How else do we as a society express our outrage?

    Wait, this guy is from Irvine and he’s never seen a protest?

    Or…. oh, horrors!… could he be suggesting that college protesters are not a valid expression of societal outrage?!?

    Is he questioning the validity of Protest?

    To publish something suggesting such a horrible though-crime, it is a micro-aggression attempt to silence and illigitimitize the Authentic Voice of the People!

    I think, Mr. Lileks, that we have found a better First Target for Criminal Prosecution to Display Outrage.

    • #2
  3. Spin Inactive
    Spin
    @Spin

    Immediately following Yoo’s Trial (which makes me link of Blue’s Clues), we will put this guy on trial for being an idiot.

    • #3
  4. user_86050 Inactive
    user_86050
    @KCMulville

    And try to follow Richard Epstein without hope of an occasional interruption? For pity’s sake, no!

    Come to think of it, though, I’m outraged myself at this suggestion. How will the law satisfy my outrage? Hey wait – what if that means someone could be outraged by my outrage? It could ignite an endless loop! (This could be a script for the next Star Trek movie …)

    • #4
  5. Big Ern Inactive
    Big Ern
    @BigErn

    Foxfier:

    James Lileks:

    How else do we as a society express our outrage?

    Wait, this guy is from Irvine and he’s never seen a protest?

    Or…. oh, horrors!… could he be suggesting that college protesters are not a valid expression of societal outrage?!?

    Is he questioning the validity of Protest?

    To publish something suggesting such a horrible though-crime, it is a micro-aggression attempt to silence and illigitimitize the Authentic Voice of the People!

    I think, Mr. Lileks, that we have found a better First Target for Criminal Prosecution to Display Outrage.

    Hey, it’s Irvine, not Berkeley.

    • #5
  6. lesserson Member
    lesserson
    @LesserSonofBarsham

    Spin:Immediately following Yoo’s Trial (which makes me link of Blue’s Clues), we will put this guy on trial for being an idiot.

    Shortest. Trial. Ever…

    • #6
  7. Son of Spengler Member
    Son of Spengler
    @SonofSpengler

    Great. This guy apparently thinks that law’s purpose is to be a tool of power, rather than the basis of impartial justice. And he’s the one whose job is to teach new lawyers what the law is all about.

    • #7
  8. user_1184 Inactive
    user_1184
    @MarkWilson

    Prosecute James Lileks, the infamous John Yoo apologist, for falsely claiming that John Yoo should not be prosecuted!  I’m all for free speech, but nothing is absolute. You can’t yell fire in a crowded theater, after all.

    (Did I mention Lileks is anti-science too?)

    • #8
  9. TeeJaw Inactive
    TeeJaw
    @TeeJaw

    I seem to remember that Erwin had a bit of trouble getting seated as the Dean at Irvine and he got a lot of help with whatever the problem was from some conservative colleagues. None of them agreed with his political bent which colors every legal analysis he’s ever done and every legal opinion he’s ever penned or voiced.  He’s a liberal crank in every respect and he seems to have become the poster “old man” who proves by his example that eccentricities worsen with age.

    • #9
  10. Seawriter Contributor
    Seawriter
    @Seawriter

    By Chemerinsky’s logic, we should be able to have Erwin Chemerinsky prosecuted to allow society to express its outrage at Chemerinsky’s attempt to circumvent the protections of the American legal system.

    To paraphrase A Man For All Seasons:

    “What would you do? Cut a great road through the law to get after the Devil? … And when the last law was down, and the Devil turned round on you – where would you hide, Chemerinsky, the laws all being flat? This country is planted thick with laws from coast to coast, Man’s laws, not God’s, and if you cut them down – and you’re just the man to do it – do you really think you could stand upright in the winds that would blow then? Yes, I give the Devil benefit of law, for my own safety’s sake!”


    Seawriter

    • #10
  11. JimGoneWild Coolidge
    JimGoneWild
    @JimGoneWild

    It seems to me that most husbands would be prosecuted once a month .. wait, did I write that out loud?

    • #11
  12. user_82762 Inactive
    user_82762
    @JamesGawron

    Meanwhile,

    The fool in the White House who was given a Nobel prize for nothing and was re-elected on a phony war on women gambit gets no criticism whatsoever for a foreign policy so limp wristed that cooked vegetables fare well in comparison.

    Now for the real Nobel winner and the real War on Women.

    This outrage, Boko Haram, and everyday tyranny for 1/2 billion Muslim women is of no interest to Erwin Chemerinsky. ISIS beheadings are of no interest to Mr. Chemerinsky.

    Sometimes the Law is an Ass.

    This time it’s Mr. Chermerinsky that is the Ass.

    Regards,

    Jim

    • #12
  13. Vance Richards Inactive
    Vance Richards
    @VanceRichards

    James Lileks:  . . . draw up papers because we want to express our outrage?

    OK, it sounds bad at first, but if someone is telling us that they found a way to send more lawyers to prison, we might not want to dismiss him too quickly.

    • #13
  14. Eugene Kriegsmann Member
    Eugene Kriegsmann
    @EugeneKriegsmann

    As idiotic as this all sounds, there are still two years left in the term of Barack Obama. The people he appoints to positions of power in his regime get progressively worse and progressively more incompetent. We might consider this a joke, but at some level in the upper echelons of the so-called Justice Department, it may not be such. Beware!

    • #14
  15. JimGoneWild Coolidge
    JimGoneWild
    @JimGoneWild

    Eugene Kriegsmann:As idiotic as this all sounds, there are still two years left in the term of Barack Obama. The people he appoints to positions of power in his regime get progressively worse and progressively more incompetent. We might consider this a joke, but at some level in the upper echelons of the so-called Justice Department, it may not be such. Beware!

    Yup, this guy fits right in with Holder Justice Department.

    I do believe the Left tried putting John Yoo back during the Bush years, too.

    • #15
  16. Valiuth Member
    Valiuth
    @Valiuth

    I think the only honorable thing for the professor to do is to challenge Mr. Yoo to a death match in the Thunderdome.

    • #16
  17. user_82762 Inactive
    user_82762
    @JamesGawron

    Valiuth:I think the only honorable thing for the professor to do is to challenge Mr. Yoo to a death match in the Thunderdome.

    Val,

    Really Val I’m surprised. I think John is much more sophisticated than the Thunderdome genre. I was thinking maybe something more like this.

    Regards,

    Jim

    • #17
  18. 1967mustangman Inactive
    1967mustangman
    @1967mustangman

    You suppose troy could go in with a mic during visiting hours to record law talk?

    • #18
  19. 1967mustangman Inactive
    1967mustangman
    @1967mustangman

    Hey I know! Lets get Congress to pass a bill of attainder.  I know it is unconstitutional but hey this really important!

    • #19
  20. george.tobin@yahoo.com Member
    george.tobin@yahoo.com
    @OldBathos

    I am so outraged by Yoo and the CIA that I am starting a DO NOT PROTECT list. The signers do not want the US Government to protect their property or persons against terrorist acts, knowledge of which was unlawfully obtained.

    Those who want the shame of being protected by an immoral government can scurry under that stained shield and not join us on the list but we shall proudly endure what’s coming to us in the certainty that our attackers will be brought to justice with due process, assuming they consent to such process.

    • #20
  21. Son of Spengler Member
    Son of Spengler
    @SonofSpengler

    1967mustangman:Hey I know! Lets get Congress to pass a bill of attainder. I know it is unconstitutional but hey this really important!

    This is an emergency. Since the executive branch did not act, it’s time for Congress to use its lawful authority to solve the problem. If and when the President targets the right people, Congress will repeal the law.

    • #21
  22. george.tobin@yahoo.com Member
    george.tobin@yahoo.com
    @OldBathos

    KC Mulville: It could ignite an endless loop! (This could be a script for the next Star Trek movie …)

    Be done. Pretty close to Star Trek episode from Season 3 Day of the Dove … alien that provokes & feeds on outrage, kinda like an incorporeal Al Sharpton.

    • #22
  23. MSJL Thatcher
    MSJL
    @MSJL

    Thought experiment:  Someone must have advised President Clinton to offer no response to the genocide in Rwanda.  Would the Dean support identifying that person and prosecuting him or her?

    • #23
  24. J Flei Inactive
    J Flei
    @Solon

    John Yoo is just so much smarter than this guy, it wouldn’t even be a fair fight so to speak.

    • #24
  25. MikeHs Inactive
    MikeHs
    @MikeHs

    If you have ever heard Erwin Chemerinsky’s weekly gig on the Hugh Hewitt show where he’s usually up against Chapman’s John Eastman, you know that he always pivots to take whatever the “progressive” position is or “should be,” no matter how sensible a right-leaning position might be.   I gave up listening to anything he has to say long ago because of this.  He’s a perfect fit for my hometown UC school, sad to say.

    • #25
  26. Stad Coolidge
    Stad
    @Stad

    John Yoo?  I’m thinking Supreme Court nomination.  Black robes would look better on him than an orange jumpsuit . . .

    • #26
  27. user_129539 Inactive
    user_129539
    @BrianClendinen

    Son of Spengler:Great. This guy apparently thinks that law’s purpose is to be a tool of power, rather than the basis of impartial justice. And he’s the one whose job is to teach new lawyers what the law is all about.

    Wait a minuet is that not what almost every single law school teaches and almost every lawyer believes. The law is merely a tool of power to get your way.

    • #27
  28. Dick from Brooklyn Thatcher
    Dick from Brooklyn
    @DickfromBrooklyn

    James Lileks: University of California Irvine

    UC Irvine, the Harvard of the not.

    Basically the 17th grade, no?

    • #28
  29. Totus Porcus Inactive
    Totus Porcus
    @TotusPorcus

    I’ve read John Yoo’s memos, and I’ve listened to some of Erwin Chemerinsky’s lectures, and I know which are torture.

    • #29
  30. Freesmith Member
    Freesmith
    @

    Chemerinsky doesn’t need to be sent to prison, folks.

    He needs to be sent to a re-education camp.

    • #30
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