Creative Legal Thinker John Yoo: Not Deporting Children Is More Unconstitutional Than Crushing Their Balls

  post September 11 mindset

John Yoo, examining the hand that wrote the Torture MemoIn these uncertain times, it is comforting to know some things never change.  Like John Yoo, who you may remember as the author of the Torture Memos during the Bush Administration! Has he had a change of heart about helping the American government justify its use of torture on detainees captured in the course of the War on Terror? Has he finally decided that in fact, it would be illegal to crush a child’s testicles in order to get his father to talk? No, he has not. He has, in fact, turned his attention to more pressing matters, like Obama’s refusal to deport teenagers who came to this country as undocumented children. Do you even KNOW about Hitler? Or Stalin? Because if you do your research, you’ll find that this is the first step along a short path towards authoritarianism, and thank God John Yoo, Torture Memo author, is here to warn us.

From Esquire, quoting John Yoo:

As a Justice Department lawyer in the Bush administration, I took the view that the White House could refuse to carry out an unconstitutional law that infringed on the president’s commander-in-chief authority to manage war and defend the national security. I agree that our immigration system demands fundamental reform, particularly in how it treats those brought here as infants. But the president cannot refuse to enforce a law simply because he disagrees with it.

So when the president BREAKS a law — and a hundred years of precedent, give or take — because he disagrees with it, that’s one thing. But when he refuses to ENFORCE a law, well, that’s another matter entirely.

But wait, there’s more! (Still John Yoo here, still via Esquire):

There is a world of difference between putting aside laws that interfere with an executive response to an attack on the country, as in Sept. 11, 2001, and ignoring laws to appeal to a constituency vital to re-election.

“Putting aside laws that interfere with an executive response” is a fancy phrase for “ignoring or breaking laws that George W. Bush and Dick Cheney deem inconvenient.” And we guess we finally agree with John Yoo for once: there IS a “world of difference” between justifying torture — including, and we’ll just say it again, crushing a child’s nutsack to get his dad to talk – and refusing to deport undocumented immigrants brought to this country as infants or toddlers.

[Esquire]

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Kris E. Benson writes about politics for Wonkette and is pursuing a doctorate in philosophy. This will come in handy for when they finally open that philosophy factory in the next town over. @Kris_E_Benson

View all articles by Kris E. Benson

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102 comments

    1. Negropolis

      And, for once, not with votes but with car batteries and pliers and whatever else. But, no, not votes.

  1. GunToting[Redacted]

    Wow, people usually say that stuff like this makes them speechless, but apparently this really did.

  2. comrad_darkness

    This is who Murdoch and the Koch Brothers expect Romney to pick for the Supreme Court, right?

    Also: "We've always been at war with Eastasia."

  3. Monsieur_Grumpe

    In case it ever comes up, I will volunteer to torture Mr. Yoo.
    Of course my idea of torture involves Barry Manilow recordings, KFC mashed potatoes and my epileptic cat Dante. I’m fairly certain that Mr.Yoo would find MY methods unconstitutional.

  4. JadedPreppy

    John clearly does not have Gangnam Style.
    The Speedy Gonzalez USB drive I just saw at Staples would probably wedge nicely up his urethra if the tables were ever turned.

  5. Trannysurprise

    He should really just stick to making those catchy videos for the kids and stay away from politics.

  6. gullywompr

    Wait, I see the problem – Mr. Yoo thought he was working as a judge in the Judicial Branch rather than as a lawyer in the Executive Branch. Simple mistake, anyone could make it…

      1. bikerlaureate

        Yup. The next thing we need to hear from this sadist is his plea, while standing in the dock at the Hague.

    1. BerkeleyBear

      But at least they took away his access to first years. The fact that the wuss won't leave after basically being given a window job tells you all you need to know about his character (and how much the right will really put their money where their mouth is).

  7. natl_[redacted]_cmdr

    Hey John Yoo! Guess what! You just won a free trip to The Netherlands! First stop: The Hague!

    fucker.

    1. bikerlaureate

      You beat me to it (probably due to a higher nicotine level, but I'm working on that now) – but it can't be said too often.
      "Looking forward instead of looking back" was justification for an enormous mistake. Then again I still don't want my tax dollars paying for secret CIA prisons and interrogation centers, so I'm just a quaint hippie.

      1. natl_[redacted]_cmdr

        Eh, if I had a nickel for every time I repeated someone else's comment I'd have at least $8 by now.

      1. CommieLibunatic

        I'll just settle for Justice Punches. They're pretty much just regular punches, except you scream "JUSTICE!!!" with each blow.

  8. BoatOfVelociraptors

    If YOO want a picture of the future, imagine a boot stamping on a child's nutsack—forever.

  9. calliecallie

    Crush a child's testicles to get his father to talk?

    I think someone needs employ this tactic to make John Yoo's father talk.

  10. Chet Kincaid_

    I was not driving drunk, occifer, I was simply putting aside laws that interfere with my pursuit of happiness!! (Tickles cop's nose with New Year's blowout horn)

  11. sullivanst

    Mr. Yoo, you disgraceful fuckstick, the prohibitions against torture aren't merely "a law", they're also "international treaties we have ratified", and "the constitution".

    Now, kindly go crush your nutsack in a vice.

  12. Texan_Bulldog

    John Yoo, Marc Thiessen, etc.–good to see all these torture enablers/apologists and all around general dickheads got the good war crime trials they deserved. Oh wait…they actually got cushy gigs at right wing publications. USA!! USA!!1!!

  13. Not_So_Much

    This fucking guy. Did Berkeley hire him just so the real scholars there had an idiot for their village?

    1. kittensdontlie

      Yoo was a law clerk for Supreme Court Justice Clarence Thomas, so he came with enhanced recommendations for advanced assholery.

    2. BerkeleyBear

      He actually was a balance hire, I'm guessing. Berkeley has a long history of hiring extremists of all flavors (I had a physical anthropology professor who was a misogynistic racist asshole, but also did groundbreaking work on mitochondrial DNA). When he was hired, Yoo did have a solid rep as a right wing theorist (where screaming loudest is what matters) in a field that not to many people write in (executive power) – but no one probably thought he'd be allowed to actually drive anywhere but in the driveway of academia.

  14. sullivanst

    Ah, but Mr. Yoo, what if at some point in the future, one of these DREAM kids' parents is suspected of a terrorist act? Shouldn't the President have the kids handily in the country so he can crush their balls to make said parent confess?

  15. ttommyunger

    I cannot believe this boil on Humanity's ass isn't employed by Faux as some kind of commentator. Is it possible even they have some depths they are unwilling to sink?

  16. Chet Kincaid_

    "It's just like gettin' that deep-talkin' black feller to pitch Allstate, or that colored lady for Popeye's — you always let a minority vouch for your illegal shit. Your cracker base loves it, and it momentarily confuses the liberal media. Powell's the only one who ever went off the Plantation. Now watch this drive."

  17. Boojum

    That "ticking time bomb" bullshit really bothers me. OK, ticking nuclear bomb (go with it). Interrogators know it is there, know the guy can point it out, and what, they go easy because they are afraid somebody will sue them or arrest them? No, what they do is what we expect: They do whatever works (which usually is NOT torture) and if they break the law, they face the consequences.

    If they break the law and save us from a nuclear explosion, they are likely to get pardoned. If they break the law and fuck it up, they probably go to jail. Either way, people who are willing to jump in front of bullets are not going to be deterred by fear. However, cocksuckers like Dick Cheney whose only experience is shooting their friends in the face and get hard thinking about acting tough? They might be made a little more cautious, which is the whole point.

    1. BerkeleyBear

      Well, all that and the fact that the actual ticking bomb scenario almost never materializes, but if you walk around looking for excuses to claim there's a plot about to go down, you'll find one (Allen West comes to mind). But of course Yoo's little memos are covered in caveats and hypothetical limitations about the real and imminent threat that he knew full well the CIA tune up squads weren't going to worry about.

  18. SayItWithWookies

    This was who Mitt was talking about last night when he said to the student, "I'm gonna give Yoo a job." Him, John Bolton, Doug "The stupidest motherfucker on the face of the earth" Feith, Condi Rice — don't bet against all those fucking criminals slithering back to Washington should Mitt win the election.

    1. CommieLibunatic

      If Obama were half the dictator he's made out to be by the Right, Yoo would die of cold on sunny Kodiak Island, preferably breaking boulders.

      …if Obama were a vile dictator, that is, which he is not, because he is not a monster.

  19. Fare la Volpe

    There are not enough levels of hell to punish this man for what he's done. I will drink to his impending war crimes trial and subsequent interrogation.

    1. CommieLibunatic

      To borrow the sentiments of George Grayson in regards to Miguel Trevino Morales (current leader of the Zetas Cartel, astonishingly sadistic killer), there isn't a pit in Hell deep enough. They need to make a basement, put a pit in that, and then put him in there.

  20. pdiddycornchips

    And what's with Esquire? Did they decide they needed to hear what an irrelevant asshole has to say about immigration? Who the fuck cares what you have to say?

    1. kittensdontlie

      "Yoo emigrated with his parents from South Korea to the United States as an infant."–Wiki

      I know a good place to start.

  21. mrblifil

    Won't someone PLEASE think of the children's balls!! No wait on second thought we probably should not be thinking of children's balls. Children's balls are not an appropriate subject for wholesome contemplation. So…it's time, since I raised the spectre of children's balls, to now stop thinking about children's balls. Got it? Stop thinking about children's balls. Please. Stop. Wait, this is ridiculous. I CAN TELL YOU'RE STILL THINKING ABOUT CHILDREN'S BALLS!!1!

  22. BerkeleyBear

    Of course, Mr. draw every distinction I can ignores the fact that this is not a case of a President ignoring any law. Instead, it is a President, under the discretion vested in him by the law, choosing priorities for the use of limited resources. This is almost diametrically opposed to the scenario Yoo is spinning of a President circumventing a clearly articulated legal barrier. As opposed to Iran-Contra, which Cheney and Rumsfeld both supported and Yoo would claim was a perfectly legitimate exercise of executive authority, express Congressional restrictions on arms exports not withstanding.

    In other word, dick is still a dick.

  23. GregComlish

    I used to have this awful nightmare. Somebody cut the electrical connection to the engine in Yoo's car at UC Berkeley where he is a law professor. Then when Yoo got in his car, the perpetrator ran up and smashed Yoo's passenger side window and proceeded to engulf the vehicle's interior with a flame thrower. Yoo squealed as the searing heat annihilated his clothing, skin, and began melting off the fat in his chubby porcine face. The perpetrator screamed "You like that? You like torturing people you little Nazi Pig? Not so fun when you're at the mercy of some psychopath, is it?" The perpetrator split, and medics arrived in time to save John Yoo's life, presumably so he could live out the rest of life permanently disfigured as the hideous monster that he is.

  24. kingofmeh

    john yoo's ability to analyze legal issues is a joke. it's called prosecutorial discretion. saying that we aren't going to deport people who fit certain parameters is no different than your local police department not charging every single person caught with a roach in their hands with marijuana possession or giving people warnings instead of tickets for speeding. it's done every day in america, and everywhere else.

  25. decentcitizen

    Yoo's legal memorandum was gibberish. Unfortunately he has not improved his game. Technically, when the law is applied to the facts you come to a legal conclusion. Yoo pioneered the art of working from a clearly illegal conclusion backward. It's easy when you're an amoral idiot.

  26. Negropolis

    Why is he not in prison? Whenever I see his face, all I see in my minds eye is a kddie pool and a car battery and jumper cables…

  27. anniegetyerfun

    John Yoo is a terrible, terrible human being who deserves nothing but the worst of what life has to offer. That is all.

  28. dopper0189

    I'm sure Mr. Yoo the lawyer read the part of the Homeland Security Authorization act passed under the Bush Admin and a GOP controlled Congress that gave the head of the Department of Homeland security discression to delay deportation if there was a determination that there is a hardship that would result from said deportation? Under the unitary executive powers Mr. Yoo championed the President can oder a member of his cabinet to execute lawful duties.

    I'm also sure that Mr. Yoo the lawyer realize that the Supreme Court in 6 cases established "prosecutorial discretion". This is why it's not a violation of the constitution for a DA to go after muderers but not prosecute jaywalkers, as long as they have a stated position that they will emphasize the pursuit of murderers and not jaywalkers. This isn't a violation of the equal protection clause. So yes the INS can decide to emphasize deporting certain criminals over others.

  29. dopper0189

    Lastly, I'm sure Mr. Yoo the lawyer realizes the constitution give the President not only the power to grant pardons but also reprieves for violation of US law. In the past Presidents have pardoned 800,000- 2,000,000 Southerners who renounced their US citizenship and took up arms against the US, and 50,000 Viet Nam era draft dodgers who renounced their citizenship and fled to Canada. So mass pardons and reprieves are within the pervue of the POTUS.

  30. editor

    clearly, there is a difference between a person whose ancestors came from one part of the world, and those whose ancestors came from somewhere else. awesome. some immigrants are not like others.

    crushing some testicles = a-okay.
    crushing other testicles: boooo.

    finally, as a california resident, i do not ever want to hear that callifornians are by definition reasonable, ever again, john yoo is a californian. 'nuff said. not necessarily a hotbed of progressive thouht.

  31. Hera Sent Me

    At the risk of seeming chauvinist, I REALLY hate foreigners who come to this country and then make it their life's work to trash our Constitution.

    Yoo can go back where you came from, bub.

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