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kayjatta
2978 Posts |
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toubab1020
12314 Posts |
 Posted - 18 Aug 2009 : 10:35:13
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| Kay, you are not an attorney and are not qualified to give legal advice,as you always make clear in your postings,none the less you have a vast knowledge of "stuff legal" what on earth is ment in common parlence by the words "craft legal theories " used in the report for which you have provided the link. |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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kayjatta
2978 Posts |
Posted - 18 Aug 2009 : 10:52:50
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"The demonstrators said John Yoo should be dismissed,
disbarred and prosecuted for war crimes for
his work as a Bush administration attorney from 2001 to 2003, when he helped craft legal theories for
waterboarding and other harsh interrogation techniques".
John Yoo used legal analysis, based on constitutional
mandate for strong executive/presidential powers
in foreign policy and in war time, to justify and legitimize/legalize interrogation techniques
(waterboarding,...) that would normally be
considered torture...
In short John Yoo assembled, by legal
evidence, strong argument justifying that
'torture' is necessary in the fight against terrorists...
Disclaimer: This is not a legal advice.
Kayjatta is not an attorney...
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Edited by - kayjatta on 18 Aug 2009 10:55:58 |
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toubab1020
12314 Posts |
Posted - 18 Aug 2009 : 11:00:33
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| In other words he formed a lawful get out opinion for political decisions that were taken by the administration? |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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kayjatta
2978 Posts |
Posted - 18 Aug 2009 : 11:12:45
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| Exactly! |
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toubab1020
12314 Posts |
Posted - 18 Aug 2009 : 11:33:38
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| The chances of a lawyer being charged with war crimes I should think are very thin indeed,all he has to say is that "I gave an opinion,on the interpretation of the law of the land as I saw it,how can I be guilty if thats all I did, I did not make the law."I suppose there could be a train of thought that says,you knew what you were doing and what your opinion would be used for so there is enough to charge you and let a court decide,(with a jury ?) it just won't happen,who wants it to happen politicians,of course not,political activists students pacifists, maybe.Has ANY lawyer ever been brought before a court for war crimes?,if so what was the result?.Kay the last bit is a historical question not a legal one. |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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kayjatta
2978 Posts |
Posted - 18 Aug 2009 : 11:58:39
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I agree. Prof. Yoo will be the wrong person to prosecute. He simply gave his legal
opinion in a memo. It was up to the Bush Administration to do whatever it wanted to do.
Yoo's "expansive executive power" theories pre-dates George Bush's
presidency and the war on terror. He made similar arguments during Clinton's presidency ...
Advisers and intellectuals should be free to give their opinions without any fear of retribution... |
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toubab1020
12314 Posts |
Posted - 18 Aug 2009 : 12:17:28
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| So as far as can be acertained NO LAWYER has ever been charged with war crimes for the opinion that he gave as his interpretation of the law of the land. |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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kayjatta
2978 Posts |
Posted - 18 Aug 2009 : 12:36:15
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quote:
Originally posted by toubab1020
So as far as can be acertained NO LAWYER has ever been charged with war crimes for the opinion that he gave as his interpretation of the law of the land.
As far as I know (and I certainly do not know much),
but my argument is more based on the opinion
that they "should not" be rather than they
"have not" been...
I am sure, Hitler, Slobodan, Stalin, Botha,Saddam,...
all had legal advisers. But ultimately,
the master (the president) has to answer for
his actions, not the advisers... |
Edited by - kayjatta on 18 Aug 2009 12:38:36 |
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toubab1020
12314 Posts |
Posted - 18 Aug 2009 : 13:19:10
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quote:
Originally posted by kayjatta
quote:
Originally posted by toubab1020
So as far as can be acertained NO LAWYER has ever been charged with war crimes for the opinion that he gave as his interpretation of the law of the land.
As far as I know (and I certainly do not know much),
but my argument is more based on the opinion
that they "should not" be rather than they
"have not" been...
I am sure, Hitler, Slobodan, Stalin, Botha,Saddam,...
all had legal advisers. But ultimately,
the master (the president) has to answer for
his actions, not the advisers...
Seems a rational statement to go with. |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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