Re: Yoo's Minn. Strib op-ed
I would like to thank the Minneapolis Star Tribune for giving John Yoo a platform to respond to this latest controversy in which his legal work plays a foundational role.
In light of the recent disclosure (by the NY Times) of wholesale wiretapping of the communications of US citizens by the NSA and Bush's decision to bypass the Congressionally mandated judicial checks and balances on the use of this executive branch power, John Yoo's legal work for the Bush Administration has once again resurfaced as a prophyllactic justification for their actions. In this context, I was very interested in reading Mr. Yoo's editorial to see what additional insight he could provide into the thinking of the administraton regarding this matter.
Unfortunately, Mr. Yoo has chosen to try and muddy the waters of public discourse by conflating a strawman(*) with a non-sequiter(+) with a little can't-talk-about-the-NSA-because-its-classified thrown in and then concludes ... what? that we don't always declare war? ...
It's too bad he has chosen to try obfuscate and duck the NSA issue instead of enlighten and clarify the administrations thought processes for us. I wish I could say I expected better of him.
(*)The false characterization that "Liberal intellectuals
believe that Bush's exercise of his commander-in-chief
power has exceeded his constitutional authority and led
to a quagmire in Iraq. If only Congress had undertaken
the solemn process of declaring war, they have argued,
faulty intelligence would have been smoked out, the
debate would have produced consensus, and the American
people would have been firmly committed to the ordeal ahead."
(+)the rest of the op-ed regarding historical context of
presidential authority to commit our military to foreign
hostilities with or without Congressional approval or a
formal declaration of war.

