In the matter of Berkeley law school professor John Yoo…
Brad Delong responds to Berkeley law school dean Chris Edley about whether or not “there clear professional misconduct–that is, some breach of the professional ethics applicable to a government attorney–material to Professor Yoo’s academic performance now.”
So we see on the one hand that when the President is William Jefferson Clinton his Commander-in-Chief powers are so crabbed and restricted that Democratic President Clinton exceeded them by instructing American soldiers to obey the orders of the NATO theater commander.
And we see on the other hand when the President is George W. Bush his Commander-in-Chief powers are so extensive and unconstrained that Congress s explicit authority to “make rules for the government and regulation of the land and naval forces” can place no restrictions at all on what lawful orders Republican President George W. Bush can give to mistreat abuse and torture persons held by the U.S. armed forces.
These two Commander-in-Chief powers are very different indeed.
To advance as your basic principle of Constitional construction “don t worry it s OK if you are a Republican” is a breach of professional ethics serious enough to more than pass the bar set by Dean Edley–unless of course all legal reasoning is just a crock of manure to mask partisan maneuvering.
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