What bothers me the most about the memos that this bozo (who actually is a law professor at Boalt Hall, UC Berkeley; ugh, boy would I have some serious dialogue in his class) wrote saying essentially that whatever the president decides is OK during a “time of war” is legally OK. Rape, murder, Vlad the Impaler style of message sending–hey, it’s war and he is the president! Where were the proctors when Yoo took his bar exam–off tooting coke? This guy must have learned sophistry at the knee of William Rehnquist. Is this a reverse quota affirmative action–no not his ethnicity, his neocon craziness. Though I haven’t practiced law since getting a JD from Georgetown and passing the bar 30 years ago, I think I could hold my own in a legal debate with him for no other reason than his perverted understanding of the constitutional principles the founding fathers fought for centuries ago. Even lawyers sometimes must use some common sense in interpreting the history of our laws–not distorting them to suit outlandish political or philosophical preferences with grave consequences. 

Back to the point. As anyone who watches TV knows (actually some lawyer shows have kernals of truth hidden among the billowing clouds of humor, melodrama, etc.) it is generally possible to find expert witnesses to support most legal theories with some expert opinions as to fact. Unlike eyewitness testimony, CSI-style forensic data or even expert testimony, the legal opinions of lawyers advising the president are just that–opinions. So, do you suppose that a president would have any more difficulty finding a legal patsy to render a desired interpretation of presidential authority than somebody else would have in finding the right expert witness? Let me say this more plainly. If Congress, the U.S. Supreme Court and the American Bar Association in their Code of Professional Responsibility do not address this issue, we in America basically are electing emperors, not presidents. The next step would simply be to suspend the Constitution and take complete charge. Wait until the memo on that shows up!