Thank you, everybody who has worked to bring John Yoo to justice. For those of you who are unaware of what has been going on, John Yoo is the author of the so-called “Torture Memos”. Yoo was a special council to the White House, and his torture memos were the excuse that the Bush Misadministration used to justify torturing prisoners in Afghanistan, Iraq, and Guantanamo. In other words, according to John Yoo, sexual humiliation, beatings, water boarding, starvation, and sleep deprivation are neither cruel nor unusual.
What’s that you say? The Constitution protects us from cruel and unusual punishment? To this I ask you, what the hell constitutes cruel and unusual punishment? What is the definition of the word cruel as used in the Constitution? What is the constitutional definition of the word unusual? How are those words to be defined in court? According to John Yoo, water boarding is neither cruel nor is it unusual. So what is to keep the county jail from water boarding a suspect into admitting he sold a quarter ounce of pot?
The Constitution was never a planned document. The Founders of this nation envisioned a confederacy. When the confederacy broke down in under ten years, the delegates to the Constitutional convention had little time to create a central government with the powers to enact and enforce treaties as well as the power to levy taxes. This is why there are so many loopholes in the document. This is why cruel and unusual or reasonable were never defined. One delegate would say something, we need protections from unreasonable search and seizure. Another delegate would ask what constitutes cruel and unusual punishment. Then a third delegate would say, let the courts worry about it later. We need to start raising taxes so we can pay off France.
Thus was born the most confusing and expensive legal system that was ever invented. The Constitution contains language as vague as the I-Ching, and holds as many contradictions as the New Testament. John Yoo presented an opinion that specific acts of torture were not cruel and unusual. This opinion is not unconstitutional because the terms cruel and unusual are not defined. Yoo’s opinion has the force of law until such time as it is challenged by the courts. Lynndie England’s court martial adds sexual humiliation to the definition of cruel and unusual, but water boarding is still perfectly legal.
That’s right, torture is legal and will remain legal until the Supreme Court says otherwise. Torture can remain legal as long as the Supreme Court ignores the situation. After all, the Supreme Court can pick and choose which cases it wants to hear. The Court ignored Jim Crow laws until public opinion became so outraged that the court had no choice but to overrule them.
Public outrage is the only way we are going to stop the United States from committing torture. Protests at UC Berkeley and in front of Yoo’s home forced the attorney general to order an investigation of Yoo and the Torture Memos. Holder has proven himself as loyal a neocon as Alberto Gonzales. The results of this investigation were recently leaked to Newsweek Magazine, and the results were that John Yoo exercised poor judgment but did not commit any wrong doing.
Yoo’s “bad judgment” resulted in the torture of hundreds, if not thousands, of human beings. John Yoo opened the door to the worst barbarisms of the Bush Misadministration. For those of you who value money over human rights, torture has produced no usable information. The question we should be asking the government is, why are we still torturing people? If John Yoo exercised poor judgment, why is Obama still following his advice?
If John Yoo exercised “poor judgment,” then why is he still teaching at UC Berkeley Boalt Hall, the most prestigious law school in California? How competent a teacher can he be if his opinions sparked an investigation that accused him of “poor judgment”? For that matter, why are the regents treating this semi-competent shyster like a rock star? They protect him by keeping his lecture locations a secret. His students find out where he is teaching by secure email. Yoo didn’t even lecture this semester. While protesters and students alike were waiting for his first lecture, Yoo was out promoting that sack of neocon bullshit he calls a book. At the same time, he is still drawing a salary from the California tax payer.
John Yoo is certainly not behaving like somebody accused of poor judgment. He’s out promoting the imperial presidency like it was a fact. As far as I’m concerned he’s the biggest nut since Torquemada. Just as the head inquisitor believed in the ultimate authority of the Pope, Yoo believes in the ultimate authority of the president. That ass-kisser needs to be stopped.
Public outrage forced an investigation and conclusion of “Poor Judgment”. This is not a defeat. We forced the Attorney General’s office to admit that torture was a bad idea. This can be built on, but we have to crank up the volume. We need more and louder protests. We need to send petitions to the UC regents telling them to fire the bastard. We need to get so outrageous that the Supreme Court will have no choice but to ban torture just as they banned Jim Crow. Poor judgment is just the beginning. We won that much, we can win more.
Torquemada Yoo will be doing a book signing in San Mateo, California tomorrow, Thursday, Feb, 12 at Poplar Creek Golf Course from noon to one thirty PM. Code Pink is sponsoring a protest. Be there, be loud, and be angry. Let the Department of Justice know that we don’t want Yoo’s poor judgment to be government policy, and let the UC regents know that anyone who’s judgment is so poor has no place in our university system.