ok, sure, Yoo gave shitty advice and some people got tortured. And some of the torture victims inconveniently died. Which would be, you know, murder, if we recognized the victims as human beings. Which John McCain and at least three members of the Supreme Court don’t. But I digress.
The question Dean Edley must answer is: was Yoo’s advice so shitty that he should be fired by Berkeley?
In a word, yes. Unfortunately for Dean Edley, the answer is transparently, obviously, clearly yes. Yoo’s DOJ opinions were so shockingly and mendaciously incompetent- he neglected cases that were directly on point, cases that are learned by every first-year law student at every accredited law school in this United States- that he is either (a) too fucking stupid at law to be allowed to continue teaching it to other people, let alone practice it himself or (b) guilty of willfully ignoring or misconstruing the law, which is an infraction of dishonesty subject to discipline by disbarment or being held in contempt. This wasn’t just a case of “oops, my bad, forgot about Youngstown.” He wrote shitty opinions on purpose, conforming them to the specs that were demanded by Cheney or Addington. But “I wass just followink ordursss!” is not a valid legal defense.
Either way, Yoo must be punished. The Dean of Berkeley law has no business defending him- in fact, the Dean should be shoving others off the podium in order to assert that Yoo is a disgrace to the legal profession and to the US Constitution, and demand that Yoo be charged with the war crimes in which he is so obviously complicit.
Shame on you, Christopher Edley. A member of your faculty who has unrepentantly distorted the law to justify torture can’t be credibly defended by an appeal to “academic freedom.” He’s a war criminal for christsakes- there is no zone of twilight here. You’ve got bigger problems on your hands than whether or not Johnny Yoo was the “decider.” This pissy little email just ain’t gonna cut it.