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Yoo: Wiretaps Were Legal and Necessary

President had right to violate 'obsolete' FISA, Bush lawyer writes

By Jason Farago,  Newser Staff

Posted Jul 16, 2009 7:24 AM CDT

(Newser) – Last week the inspectors general of the Justice Department, CIA, and other agencies suggested the Bush administration violated the Foreign Intelligence Surveillance Act, singling out lawyer John Yoo for memos justifying warrantless wiretapping. Yoo defends himself today in a Wall Street Journal op-ed, writing that FISA was "an obsolete law" that the president had a constitutional responsibility to override. "Gathering intelligence—including intercepting enemy communications—has long been a key aspect of war," he says.

Yoo, now a professor at Berkeley, not only wrote the so-called torture memos while at Justice but also advocated nearly unchecked surveillance powers for the chief executive. He writes that presidents since FDR have "lived up to their duty in times of crisis," and last week's report was "responding to the media-stoked politics of recrimination." For Yoo, the justification for wiretapping is self-evident; the military and intelligence agencies can't defend the nation "unless they know where to aim."

John Yoo, a law professor at the University of California at Berkeley, testifies on Capitol Hill in Washington.
John Yoo, a law professor at the University of California at Berkeley, testifies on Capitol Hill in Washington.   (AP Photo/Susan Walsh, File)
In this March 13, 2008 file photo, President Bush makes a statement on FISA legislation on the South Lawn of the White House in Washington.
In this March 13, 2008 file photo, President Bush makes a statement on FISA legislation on the South Lawn of the White House in Washington.   (AP Photo/Charles Dharapak, file)
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In FISA, President Bush and his advisers faced an obsolete law not written with live war with an international terrorist organization in mind. It was to meet such emergency circumstances that the Founders designed the presidency. -

Clearly, the five inspectors general were responding to the media-stoked politics of recrimination, not consulting the long history of American presidents who have lived up to their duty in times of crisis. - John Yoo, former Bush official

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COMMENTS
Showing 3 of 14 comments
Mad
Jul 17, 2009 11:24 AM CDT
Burn in hell, Yoo
GreekChorus
Jul 17, 2009 3:03 AM CDT
CK may be a satirist, but if so he is a poor one. He seems to be trying to use Swift's classic approach of espousing the opposition in an unflattering way, save that he jumps immediately to the irrational, ranting end without giving his audience a chance to get "hooked".
gabo
Jul 16, 2009 12:56 PM CDT
Oh, that pesky constitution......

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Yoo Fights Back on Torture

Wiretap Program Had 'Limited' Value: Fed Report

Wiretapping Memos Drafted in 'Inappropriate' Secrecy: Report

NSA Violated Domestic Wiretap Limits


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