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	<title>Comments on: Yoo&#8217;s Boilerplate From Hell</title>
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	<item>
		<title>By: masaccio</title>
		<link>http://firedoglake.com/2008/04/11/boilerplate/#comment-1383847</link>
		<dc:creator>masaccio</dc:creator>
		<pubDate>Fri, 11 Apr 2008 21:25:25 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/04/11/boilerplate/#comment-1383847</guid>
		<description>&lt;p&gt;It is important to note that the reason for the discussion of these crimes is to point out as many ways as possible for the interrogator to escape punishment. For example, with respect to LHP’s third quote, here is a brief discussion of the consequences of using a dangerous weapon in an assault.&lt;/p&gt;
&lt;blockquote&gt;&lt;p&gt;Here, so long as the interrogation method does not involve a dangerous weapon, this type of assault has not been committed. Physical contact would be insufficient to demonstrate this type of assault. Methods of interrogation that involve alterations to the detainee’s cell environment would not be problematic under this section, not only because no dangerous weapon would have been used, but also because such alterations are unlikely to involve the necessary intent to inflict bodily injury.&lt;/p&gt;&lt;/blockquote&gt;
&lt;p&gt;Thus, freezing the guy, or altering his cell by removing every item in it, would be fine.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>It is important to note that the reason for the discussion of these crimes is to point out as many ways as possible for the interrogator to escape punishment. For example, with respect to LHP’s third quote, here is a brief discussion of the consequences of using a dangerous weapon in an assault.</p>
<blockquote><p>Here, so long as the interrogation method does not involve a dangerous weapon, this type of assault has not been committed. Physical contact would be insufficient to demonstrate this type of assault. Methods of interrogation that involve alterations to the detainee’s cell environment would not be problematic under this section, not only because no dangerous weapon would have been used, but also because such alterations are unlikely to involve the necessary intent to inflict bodily injury.</p>
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<p>Thus, freezing the guy, or altering his cell by removing every item in it, would be fine.</p>
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		<title>By: looseheadprop</title>
		<link>http://firedoglake.com/2008/04/11/boilerplate/#comment-1383746</link>
		<dc:creator>looseheadprop</dc:creator>
		<pubDate>Fri, 11 Apr 2008 19:42:09 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/04/11/boilerplate/#comment-1383746</guid>
		<description>&lt;p&gt;I think it might. The folks who run bar associations read the newspapers and their own mail. If they think that the actions of a single practitioner are dragging the whole profession into the mud, they will want to do something about that.&lt;/p&gt;
&lt;p&gt;But it would take a groundswell&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>I think it might. The folks who run bar associations read the newspapers and their own mail. If they think that the actions of a single practitioner are dragging the whole profession into the mud, they will want to do something about that.</p>
<p>But it would take a groundswell</p>
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		<title>By: ClosetOptimist</title>
		<link>http://firedoglake.com/2008/04/11/boilerplate/#comment-1383718</link>
		<dc:creator>ClosetOptimist</dc:creator>
		<pubDate>Fri, 11 Apr 2008 19:09:02 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/04/11/boilerplate/#comment-1383718</guid>
		<description>&lt;p&gt;I have said for a long time that since the DOJ and other governmental agencies won’t hold them accountable, it’s up to the professional associations to do so - the American Bar for the lawyers, the AMA for the doctors and psych professionals who facilitated, participated or otherwise assisted in these illegal acts. Will pressure applied in those areas provide the results we are looking for?&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>I have said for a long time that since the DOJ and other governmental agencies won’t hold them accountable, it’s up to the professional associations to do so &#8211; the American Bar for the lawyers, the AMA for the doctors and psych professionals who facilitated, participated or otherwise assisted in these illegal acts. Will pressure applied in those areas provide the results we are looking for?</p>
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		<title>By: dmac</title>
		<link>http://firedoglake.com/2008/04/11/boilerplate/#comment-1383706</link>
		<dc:creator>dmac</dc:creator>
		<pubDate>Fri, 11 Apr 2008 18:49:22 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/04/11/boilerplate/#comment-1383706</guid>
		<description>&lt;p&gt;dosido at 77–&lt;/p&gt;
&lt;p&gt;i loved that interview……since you posted the link, i went in and sent a quickie letter—&lt;/p&gt;
&lt;p&gt;==============&lt;/p&gt;
&lt;p&gt;Margaret Warner, as usual, did an excellent job  with her troops report last night, Thursday April 10th…&lt;/p&gt;
&lt;p&gt;However, I just heard that Col.(?) Ralph Peters is a policy advisor for the McCain campaign. If this is true, viewers should have been informed of that fact. And you missed a possible question for him– he kept using as his argument that he visits troops all over the country, in what capacity? He is retired. How is he getting access to bases to speak to troops? I would like an answer to that. And it wasn’t asked.&lt;/p&gt;
&lt;p&gt;You did an excellent job keeping the intense interview on topic, however I think in doing that, you missed the big fish when Col. Peters kept mentioning his visits to bases. He wasn’t talking about hospitals, where the public can go, he said bases, restricted to the public, he used that point over and over again. He’s retired and acted like he was just a concerned citizen, unless I missed something in his introduction.&lt;/p&gt;
&lt;p&gt;Bobby Muller, I could listen to him for hours. Sticks to the facts. And there are a lot of facts that aren’t getting aired. Please have him back as a guest. Hope Bill Moyers finds out about him, too.&lt;br /&gt;
Really enjoyed him. Was informed by him.&lt;/p&gt;
&lt;p&gt;(was kind of hoping that he ran over a few toes with his wheelchair as they left the table)&lt;/p&gt;
&lt;p&gt;Sincerely,&lt;br /&gt;
D&lt;br /&gt;
Athens, Ohio&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>dosido at 77–</p>
<p>i loved that interview……since you posted the link, i went in and sent a quickie letter—</p>
<p>==============</p>
<p>Margaret Warner, as usual, did an excellent job  with her troops report last night, Thursday April 10th…</p>
<p>However, I just heard that Col.(?) Ralph Peters is a policy advisor for the McCain campaign. If this is true, viewers should have been informed of that fact. And you missed a possible question for him– he kept using as his argument that he visits troops all over the country, in what capacity? He is retired. How is he getting access to bases to speak to troops? I would like an answer to that. And it wasn’t asked.</p>
<p>You did an excellent job keeping the intense interview on topic, however I think in doing that, you missed the big fish when Col. Peters kept mentioning his visits to bases. He wasn’t talking about hospitals, where the public can go, he said bases, restricted to the public, he used that point over and over again. He’s retired and acted like he was just a concerned citizen, unless I missed something in his introduction.</p>
<p>Bobby Muller, I could listen to him for hours. Sticks to the facts. And there are a lot of facts that aren’t getting aired. Please have him back as a guest. Hope Bill Moyers finds out about him, too.<br />
Really enjoyed him. Was informed by him.</p>
<p>(was kind of hoping that he ran over a few toes with his wheelchair as they left the table)</p>
<p>Sincerely,<br />
D<br />
Athens, Ohio</p>
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		<title>By: rincewind</title>
		<link>http://firedoglake.com/2008/04/11/boilerplate/#comment-1383692</link>
		<dc:creator>rincewind</dc:creator>
		<pubDate>Fri, 11 Apr 2008 18:34:46 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/04/11/boilerplate/#comment-1383692</guid>
		<description>&lt;p&gt;wrt Hugh @104: “about half of the troops in Iraq (those in country before August 1, 2007) still have to serve out their 15 month tours”&lt;/p&gt;
&lt;p&gt;Sadly, no — ALL the troops currently in Iraq, and any deployed before Aug 1 &lt;b&gt;2008&lt;/b&gt;, are stuck with 15 month tours. (See the transcript of Bush’s speech, or the quote from Margot @115)&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>wrt Hugh @104: “about half of the troops in Iraq (those in country before August 1, 2007) still have to serve out their 15 month tours”</p>
<p>Sadly, no — ALL the troops currently in Iraq, and any deployed before Aug 1 <b>2008</b>, are stuck with 15 month tours. (See the transcript of Bush’s speech, or the quote from Margot @115)</p>
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		<title>By: earlofhuntingdon</title>
		<link>http://firedoglake.com/2008/04/11/boilerplate/#comment-1383676</link>
		<dc:creator>earlofhuntingdon</dc:creator>
		<pubDate>Fri, 11 Apr 2008 18:18:38 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/04/11/boilerplate/#comment-1383676</guid>
		<description>&lt;p&gt;I admire how Mr. Yoo is able to act like a mob lawyer while maintaining his genial manner and cherubic smile; as a &lt;em&gt;Law and Order&lt;/em&gt; scriptwriter once wrote, “That’s why they call them con men.”  &lt;/p&gt;
&lt;p&gt;The “cut and paste” line is especially appealing.  To lawyers and legislators, it implies legal concepts so commonly known and generally accepted that they’ve been relegated to a word processing macro.  Like the language expressing a defendant’s Fifth Amendment right not to incriminate himself - “You have the right to remain silent.  Anything you say can and will be used against you in a court of law.”  Which GOP Attorneys General since at least Ed Meese have found reprehensible.  (”After all, the police wouldn’t have arrested someone they didn’t think was guilty.”  Which proves that circular reasoning that’s beside the point wasn’t invented by Ashcroft or Mukasey.)&lt;/p&gt;
&lt;p&gt;As LHD points out, that’s exactly how Mr. Yoo intended it to be understood, and how he used it when reciting “black letter law” that may well have come from innumerable other DOJ writings.  What he hides is that that’s not what he was citing the law for.  He was drawing a map, lemon juice on rice paper, describing to interrogators and their bosses what laws he could think of that the DOJ would not prosecute them for violating.  He was following orders.  &lt;/p&gt;
&lt;p&gt;That’s why Mr. Yoo (among others) should be disbarred and have his tenure revoked.  Not because of his political opinions or his general conduct outside the classroom.  (Not to worry; Doug Kmiec will find him an endowed chair at Pepperdine.)&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>I admire how Mr. Yoo is able to act like a mob lawyer while maintaining his genial manner and cherubic smile; as a <em>Law and Order</em> scriptwriter once wrote, “That’s why they call them con men.”  </p>
<p>The “cut and paste” line is especially appealing.  To lawyers and legislators, it implies legal concepts so commonly known and generally accepted that they’ve been relegated to a word processing macro.  Like the language expressing a defendant’s Fifth Amendment right not to incriminate himself &#8211; “You have the right to remain silent.  Anything you say can and will be used against you in a court of law.”  Which GOP Attorneys General since at least Ed Meese have found reprehensible.  (”After all, the police wouldn’t have arrested someone they didn’t think was guilty.”  Which proves that circular reasoning that’s beside the point wasn’t invented by Ashcroft or Mukasey.)</p>
<p>As LHD points out, that’s exactly how Mr. Yoo intended it to be understood, and how he used it when reciting “black letter law” that may well have come from innumerable other DOJ writings.  What he hides is that that’s not what he was citing the law for.  He was drawing a map, lemon juice on rice paper, describing to interrogators and their bosses what laws he could think of that the DOJ would not prosecute them for violating.  He was following orders.  </p>
<p>That’s why Mr. Yoo (among others) should be disbarred and have his tenure revoked.  Not because of his political opinions or his general conduct outside the classroom.  (Not to worry; Doug Kmiec will find him an endowed chair at Pepperdine.)</p>
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		<title>By: RevBev</title>
		<link>http://firedoglake.com/2008/04/11/boilerplate/#comment-1383667</link>
		<dc:creator>RevBev</dc:creator>
		<pubDate>Fri, 11 Apr 2008 18:13:51 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/04/11/boilerplate/#comment-1383667</guid>
		<description>&lt;p&gt;And,  Obama is the Constitutional expert who calls for change.  What is he saying? I think he could garner some followers, and he certainly has a wide platform.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>And,  Obama is the Constitutional expert who calls for change.  What is he saying? I think he could garner some followers, and he certainly has a wide platform.</p>
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		<title>By: RevBev</title>
		<link>http://firedoglake.com/2008/04/11/boilerplate/#comment-1383659</link>
		<dc:creator>RevBev</dc:creator>
		<pubDate>Fri, 11 Apr 2008 18:11:33 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/04/11/boilerplate/#comment-1383659</guid>
		<description>&lt;p&gt;Well, someone earlier mentioned the ACLU.  Other groups that have done fine pro bono stuff are those focused on the death penalty, eg.  the Innocence Project.  I wonder if there could be an analogous coalition in this instance.  Surely, there is a sufficient number of lawyers who are appalled about the extra-legal stuff both from Yoo and from our govt.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Well, someone earlier mentioned the ACLU.  Other groups that have done fine pro bono stuff are those focused on the death penalty, eg.  the Innocence Project.  I wonder if there could be an analogous coalition in this instance.  Surely, there is a sufficient number of lawyers who are appalled about the extra-legal stuff both from Yoo and from our govt.</p>
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		<title>By: BooRadley</title>
		<link>http://firedoglake.com/2008/04/11/boilerplate/#comment-1383646</link>
		<dc:creator>BooRadley</dc:creator>
		<pubDate>Fri, 11 Apr 2008 18:05:34 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/04/11/boilerplate/#comment-1383646</guid>
		<description>&lt;p&gt;Much appreciated.&lt;/p&gt;
&lt;p&gt;Also, thanks for the recommendation about Supreme Conflict. You were right, it’s a great read.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Much appreciated.</p>
<p>Also, thanks for the recommendation about Supreme Conflict. You were right, it’s a great read.</p>
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		<title>By: earlofhuntingdon</title>
		<link>http://firedoglake.com/2008/04/11/boilerplate/#comment-1383634</link>
		<dc:creator>earlofhuntingdon</dc:creator>
		<pubDate>Fri, 11 Apr 2008 17:58:00 +0000</pubDate>
		<guid isPermaLink="false">http://firedoglake.com/2008/04/11/boilerplate/#comment-1383634</guid>
		<description>&lt;p&gt;More evidence, as if any were needed, that Mr. Yoo’s assignment was to assuage the doubtful, to give them and their “Go do it” leadership, as big a fig leaf as possible.  Pity it was a holograph.  Mr. Yoo should not follow Michael Crichton to Hollywood: he has a taste for fiction, but no ability to make it credible.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>More evidence, as if any were needed, that Mr. Yoo’s assignment was to assuage the doubtful, to give them and their “Go do it” leadership, as big a fig leaf as possible.  Pity it was a holograph.  Mr. Yoo should not follow Michael Crichton to Hollywood: he has a taste for fiction, but no ability to make it credible.</p>
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