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Yoo asked for it

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By GottaLaff

Yoo hooooo!

As reports circulate that the Justice Department has softened its criticism of attorney John Yoo for memos approving the Bush administration's treatment of terrorism suspects, several prominent lawyers are urging a federal appeals court in San Francisco to hold Yoo accountable.

They have submitted arguments opposing dismissal of a prisoner's lawsuit that accuses the former Justice Department attorney of providing a legal cover for torture. The suit covers much of the same ground as the department's ethics investigation of Yoo. [...]

Yoo says he always gave good-faith legal advice and denies authorizing torture. Those claims could be tested in a San Francisco federal court, however, unless Yoo can persuade a court to dismiss Jose Padilla's lawsuit. [...]

Yoo has appealed, saying the suit would interfere with presidential war-making authority. The Obama administration has taken his side, arguing that courts should not meddle in questions of national security.

But in filings over the last 10 days, groups of constitutional law professors, legal ethics scholars and former government attorneys urged the court to keep Padilla's suit alive.

They argue that this is not a dispute over legal advice, as Yoo contends, but the case of a lawyer who allegedly stepped out of his role to take part in planning detention and interrogation policies, and then devised legal opinions to justify those policies.

And who are some of these very principled, very learned, very ethical lawyers who support the novel concept of upholding the-- What's it called again? Oh yeah-- U.S. Constitution? Here's who:

Erwin Chemerinsky, law school dean at UC Irvine; Alan Morrison, an assistant law dean at George Washington and former director of Public Citizen Litigation Group; and Norman Dorsen of New York University, former president of the American Civil Liberties Union.

Also, Stanford's Deborah Rhode and former California Supreme Court Justice Cruz Reynoso, not to mention Bruce Fein, special assistant to the director of the Justice Department's Office of Legal Counsel in President Ronald Reagan's administration.

They stressed the importance of applying ethical standards to lawyers who advise the president on constitutional issues.

There is much more here. (h/t: VNDNBRG)

And here:

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All my previous posts on this subject matter can be found here; That link includes one specific to only Fayiz al-Kandari's story here. Here are audio and video interviews with Lt. Col. Wingard, one by David Shuster, one by Ana Marie Cox, and more. My guest commentary at BuzzFlash is here.

Lt. Col. Barry Wingard is a military attorney who represents Fayiz Al-Kandari in the Military Commission process and in no way represents the opinions of his home state. When not on active duty, Colonel Wingard is a public defender in Pittsburgh, Pennsylvania.

If you are inclined to help rectify these injustices: Twitterers, use the hashtag #FreeFayiz. We have organized a team to get these stories out. If you are interested in helping Fayiz out, e-mail me at The Political Carnival, address in sidebar to the right; or tweet me at @GottaLaff.

If you'd like to see other ways you can take action, go here and scroll down to the end of the article.

Then read Jane Mayer's book The Dark Side. You'll have a much greater understanding of why I post endlessly about this, and why I'm all over the CIA deception issues, too.

More of Fayiz's story here, at Answers.com.

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The post Yoo asked for it appeared first on The Political Carnival.


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