A double standard on war crimes?

The liberal line on anti-terrorism measures has changed now that their guy is in the White House

November 04, 2011|By Alex Beam, Globe Columnist

John Yoo is famous, although probably not for the reasons he would like. As the author of the notorious 2003 “torture memo’’ that authorized American forces to waterboard enemy combatants, the University of California law professor earned himself a special place in liberal hell.

I’ll spare you the heavy breathing from the central press and public radio, and cut directly to a statement issued by Marjorie Cohn, president of the National Lawyers Guild: “John Yoo’s complicity in establishing the policy that led to the torture of prisoners constitutes a war crime under the US War Crimes Act. John Yoo should be disbarred and he should not be retained as a professor of law at one of the country’s premier law schools. John Yoo should be dismissed from Boalt Hall and tried as a war criminal.’’

OK. So if Yoo is a war criminal, then please explain the status of Harvard Law School professor David Barron and Georgetown University law professor Martin Lederman.

According to New York Times reporter Charlie Savage, it was Barron and Lederman who drafted the secret memo that enabled the Obama administration to kill Al Qaeda chieftain Anwar al-Awlaki in Yemen. Why did the Obamaites need special legal cover to assassinate super-bad guy al-Awlaki? Because he was an American citizen, born in New Mexico. (A second US citizen was killed by the same drone attack.) The targeted killing of an American citizen, Savage writes, flies in the face of “an executive order banning assassinations, a federal law against murder, protections in the Bill of Rights, and various strictures of the international laws of war, according to people familiar with the analysis.’’

Oh, those.

So, which is the greater crime against the Constitution that all three men swore to uphold? Waterboarding Al Qaeda suspects or killing US citizens? Yoo has been vilified from Marin County to Munich for his legal opinion. If the Obama lawyers are facing job loss or tenure revocation, I haven’t heard about it. This is not a subject they care to discuss.

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