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	<title>Comments on: John Yoo at Berkeley</title>
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	<description>Books and policy from an endlessly curious perspective</description>
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		<title>By: mrz</title>
		<link>http://stevereads.com/weblog/2008/04/01/john-yoo-at-berkeley/comment-page-1/#comment-5757</link>
		<dc:creator>mrz</dc:creator>
		<pubDate>Thu, 03 Apr 2008 12:07:13 +0000</pubDate>
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		<description>&lt;blockquote&gt;
  &lt;p&gt;When a lawyer gives obviously bogus legal advice, he should suffer the consequences. It’s even worse when he gives obviously bogus legal advice to provide legal cover for what his bosses want to do. &lt;/p&gt;
&lt;/blockquote&gt;

&lt;p&gt;So, as I understand it (and I may be wrong), the office of the president usually keeps a lawyer on retainer that basically serves to figure out legal cover for what the president is doing because, at some point, somebody might bring a court case. This has been done for a while. However, I suspect that most of these in the past have been more along the lines of minor separation of power squabbles that wouldn&#039;t be a big deal most of the time. So, in such cases, the lawyer is just doing constitutional CYA for the president. That is, they are basically serving their part in an adversarial system.&lt;/p&gt;

&lt;p&gt;Where this administration crosses the line is that they are going waaay beyond the limits of what is reasonable. They aren&#039;t just stretching the rules a little bit, they are patently breaking them, and so they&#039;ve worn the legal cover so thin that it&#039;s basically worthless. Again, at what point does a lawyer say &quot;Ok, now we&#039;re not serving our part in an adversarial process, we&#039;re just providing flimsy cover for a wrong.&quot;&lt;/p&gt;
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		<content:encoded><![CDATA[<blockquote>
  <p>When a lawyer gives obviously bogus legal advice, he should suffer the consequences. It’s even worse when he gives obviously bogus legal advice to provide legal cover for what his bosses want to do. </p>
</blockquote>

<p>So, as I understand it (and I may be wrong), the office of the president usually keeps a lawyer on retainer that basically serves to figure out legal cover for what the president is doing because, at some point, somebody might bring a court case. This has been done for a while. However, I suspect that most of these in the past have been more along the lines of minor separation of power squabbles that wouldn&#8217;t be a big deal most of the time. So, in such cases, the lawyer is just doing constitutional CYA for the president. That is, they are basically serving their part in an adversarial system.</p>

<p>Where this administration crosses the line is that they are going waaay beyond the limits of what is reasonable. They aren&#8217;t just stretching the rules a little bit, they are patently breaking them, and so they&#8217;ve worn the legal cover so thin that it&#8217;s basically worthless. Again, at what point does a lawyer say &#8220;Ok, now we&#8217;re not serving our part in an adversarial process, we&#8217;re just providing flimsy cover for a wrong.&#8221;</p>
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		<title>By: slaniel</title>
		<link>http://stevereads.com/weblog/2008/04/01/john-yoo-at-berkeley/comment-page-1/#comment-5755</link>
		<dc:creator>slaniel</dc:creator>
		<pubDate>Wed, 02 Apr 2008 19:24:47 +0000</pubDate>
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		<description>&lt;p&gt;When a lawyer gives obviously bogus legal advice, he should suffer the consequences. It&#039;s even worse when he gives obviously bogus legal advice to provide legal cover for what his bosses want to do. Both the boss and the lawyer should suffer. If soldiers torture people under cover of &quot;a lawyer told me it was okay,&quot; the soldier should suffer too.&lt;/p&gt;
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		<content:encoded><![CDATA[<p>When a lawyer gives obviously bogus legal advice, he should suffer the consequences. It&#8217;s even worse when he gives obviously bogus legal advice to provide legal cover for what his bosses want to do. Both the boss and the lawyer should suffer. If soldiers torture people under cover of &#8220;a lawyer told me it was okay,&#8221; the soldier should suffer too.</p>
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		<title>By: mrz</title>
		<link>http://stevereads.com/weblog/2008/04/01/john-yoo-at-berkeley/comment-page-1/#comment-5753</link>
		<dc:creator>mrz</dc:creator>
		<pubDate>Wed, 02 Apr 2008 18:25:43 +0000</pubDate>
		<guid isPermaLink="false">http://stevereads.com/weblog/?p=4093#comment-5753</guid>
		<description>&lt;p&gt;Even better John Yoo apparently also said &lt;a href=&quot;http://www.boingboing.net/2008/04/02/declassified-memo-au.html&quot; rel=&quot;nofollow&quot;&gt;the 4th Amendment doesn&#039;t apply&lt;/a&gt; if the govenment is engaged in a &quot;domestic miltary operation&quot;. I mean, I know these guys are hired and kept on retainer to basically find some legal basis for whatever the President wants, but, at what point do you just have to say &quot;Nope, sorry, I can&#039;t do this&quot; when you&#039;ve come up with some flim-flam that would let the government do whatever it wanted and then get to declare &quot;Oops! No tag backs: Miltary Operation!&quot;?&lt;/p&gt;
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		<content:encoded><![CDATA[<p>Even better John Yoo apparently also said <a href="http://www.boingboing.net/2008/04/02/declassified-memo-au.html" rel="nofollow">the 4th Amendment doesn&#8217;t apply</a> if the govenment is engaged in a &#8220;domestic miltary operation&#8221;. I mean, I know these guys are hired and kept on retainer to basically find some legal basis for whatever the President wants, but, at what point do you just have to say &#8220;Nope, sorry, I can&#8217;t do this&#8221; when you&#8217;ve come up with some flim-flam that would let the government do whatever it wanted and then get to declare &#8220;Oops! No tag backs: Miltary Operation!&#8221;?</p>
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