AEI.Org: Scholar: John Yoo

The KSM Trial Will Be an Intelligence Bonanza for al Qaeda

Sun, 15 Nov 2009 00:00:00 +0100

In putting Khalid Sheikh Mohammed on trial, the U.S. government will have to choose between vigorous prosecution and revealing classified sources and methods.

Closing Arguments: History Shows Targeting the CIA Is a Perilous Move

Sun, 13 Sep 2009 00:00:00 +0100

Few understand how the current administration's actions may affect the CIA as an institution at a time when it serves as the nation's eyes and ears and, sometimes, the sword and shield, during war against a shadowy, covert enemy.

Closing Arguments: Sotomayor Vote Based on Ideology, Not Race

Sun, 02 Aug 2009 00:00:00 +0100

To truly de-politicize the process of Supreme Court confirmations, the president must select, and the Senate confirm, only justices who will remove politics from the court.

Why We Endorsed Warrantless Wiretaps

Thu, 16 Jul 2009 00:00:00 +0100

The inspectors general report ignores history and plays politics with the law.

Closing Arguments: No More Quotas

Sun, 05 Jul 2009 00:00:00 +0100

The Supreme Court in Ricci v. DeStefano dealt a final blow to racially motivated hiring.

Closing Arguments: Obama Needs a Neutral Justice

Sun, 10 May 2009 00:00:00 +0100

Barack Obama's choice for Supreme Court nominee will help to clarify the partisan debate over whether the president's agenda is moderate or radical.

Obama White House: Under Its Confused Policy, Terrorism (and Piracy) Is Really a Crime and ...

Sun, 19 Apr 2009 00:00:00 +0100

Under the Obama administration's theory of the war against al Qaeda, terrorism is really a crime, not an act of war.

Closing Arguments

Sun, 15 Mar 2009 00:00:00 +0100

The Bush administration succeeded in preventing another al Qaeda attack, with any reduction in civil liberties far less than previous U.S. wars.

Yes, We Did Plan for Mumbai-Style Attacks in the U.S.

Sat, 07 Mar 2009 00:00:00 +0100

The latest assault on Bush antiterror strategy could make us less safe.

A Missed Opportunity to Put Skills above Race

Sun, 01 Mar 2009 00:00:00 +0100

President Obama has missed an opportunity to live up to his promise to take the nation beyond the old battle lines over race.

Obama Made a Rash Decision on Gitmo

Thu, 29 Jan 2009 00:00:00 +0100

President Barack Obama will soon realize that governing involves hard choices.

Deficits and Bailouts Pose a Threat

Sun, 18 Jan 2009 00:00:00 +0100

Spending a trillion dollars might jump-start the economy--but at the price of damaging not only the nation's balance sheet, but also our constitutional system.

Restore the Senate's Treaty Power

Mon, 05 Jan 2009 00:00:00 +0100

International agreements that go beyond the rules of international trade and finance should receive the intense scrutiny of the treaty process, regardless of their policy merits.

Election Was No Sweeping Mandate

Sun, 07 Dec 2008 00:00:00 +0100

Republicans must rebuild their brand by focusing on the states, where the nation's problems in education, crime, and economic growth can best be solved.

Who Will Be a Good President?

Sun, 26 Oct 2008 00:00:00 +0100

History does not show any obvious link between experience and a president's success in office.

Supreme Court Grabbed More Power in Recent Term

Sun, 10 Aug 2008 00:00:00 +0100

The Supreme Court justices have expanded their power to make many of our society's fundamental political and moral decisions.

The Supreme Court Goes to War

Tue, 17 Jun 2008 00:00:00 +0100

The only hope for reining in the judiciary is the November election.

The Democrats' Super Disaster

Mon, 24 Mar 2008 01:00:00 +0100

The race for the Democratic presidential nomination will come down to the decision of the superdelegates.

Terrorist Tort Travesty

Sat, 19 Jan 2008 00:00:00 +0100

Terrorists should not be allowed to subvert U.S. defense policy by suing private citizens for their acts as public officials.

The Real Clarence Thomas

Tue, 09 Oct 2007 00:00:00 +0100

Clarence Thomas' memoir, My Grandfather's Son, portrays a man of understanding and humility.

The Real Clarence Thomas

Tue, 09 Oct 2007 00:00:00 +0100

Clarence Thomas's memoir, My Grandfather's Son, portrays a man of understanding and humility.

Contempt and Congress

Mon, 23 Jul 2007 00:00:00 +0100

The Democrats' attack on executive privilege shows blatant disregard for the Constitution.

Contempt and Congress

Mon, 23 Jul 2007 00:00:00 +0100

The Democrats' attack on executive privilege shows blatant disregard for the Constitution.

Partial-Birth Bigotry

Sat, 28 Apr 2007 00:00:00 +0100

Liberals who cannot win on the merits of their arguments instead rely on bigoted innuendo and ad hominems to make their case on abortion law.

Do They Dare to Say "Impeach"?

Fri, 06 Apr 2007 00:00:00 +0100

Despite its setbacks and mistakes, the Iraq war continues to receive bipartisan support. We should let politics, not the laws, determine whether that cooperation will continue.

Don't Put Up Roadblocks to War

Thu, 05 Apr 2007 00:00:00 +0100

What is Congress' role in declaring war?

The Caravan Passes while the Dogs Don't Bark

Wed, 04 Apr 2007 00:00:00 +0100

Those who oppose presidential power in Iraq but supported it in Kosovo are trying to have their cake and eat it too.

Weak, Loose, and Decentralized Is No Way to Run a War

Tue, 03 Apr 2007 00:00:00 +0100

The legislature cannot be trusted with wartime tactics and strategy.

Power of the Purse Is Enough

Mon, 02 Apr 2007 00:00:00 +0100

How much authority does the Congress have to direct the way a war is waged? John Yoo debates Bruce Ackerman over between Congress and the president over wartime authority.

The Attorneys Hubbub

Thu, 22 Mar 2007 01:00:00 +0100

Unless there are more clear facts of interference with prosecutors for partisan purposes, Gonzales should keep his job.

Break Up the FBI

Wed, 21 Mar 2007 01:00:00 +0100

The FBI istoo large and bureaucratic to effectively fight terrorism.

Executive Power v. International Law

Thu, 15 Mar 2007 01:00:00 +0100

Whataccounts forthe relationship between presidential authority and the laws governing international affairs?

Why Are the Pacifists So Passive?

Mon, 12 Feb 2007 00:00:00 +0100

If Congress really believes the Bush administration has set us on the wrong course, it can act tomorrow to cut the sinews of war in Iraq.

Privacy or Protection?

Sun, 11 Feb 2007 00:00:00 +0100

Protection from terrorist attacks requires lending new powers to the government.

Lines in the Sand

Tue, 09 Jan 2007 00:00:00 +0100

Over the next several years, the United States must decide whether its interests are better served by trying to preserve threatened nation-states or by dismantling them.

Congress to Courts: "Get Out of the War on Terror"

Thu, 19 Oct 2006 00:00:00 +0100

During the bitter controversy over the military commission bill, which President Bush signed into law on Tuesday, most of the press and the professional punditry missed the big story.

The Pettifoggery of War

Sun, 01 Oct 2006 00:00:00 +0100

How the Presidency Regained Its Balance

Sun, 17 Sep 2006 00:00:00 +0100

President Bushhas broader goals than even fighting terrorism--he has long intended to make reinvigorating the presidency a priority.

Anti-Terror Weapons We're Afraid to Use

Sat, 19 Aug 2006 00:00:00 +0100

The U.S. is fighting terror with one hand behind its back by refusing to exploit data-mining tools.

The Supreme Court Manages to Overlook Centuries of U.S. History

Sun, 06 Aug 2006 00:00:00 +0100

In its decision in Hamdan v. Rumsfeld rejecting President Bush's military commissions for the trial of al-Qaeda terrorists, the Supreme Court made a number of missteps.

The High Court's Hamdan Power Grab

Fri, 07 Jul 2006 00:00:00 +0100

The court's decision in Hamdan vs. Rumsfeld will hamper the ability of future presidents to respond to emergencies with the forcefulness and vision of a Lincoln or an FDR.

Five Wrong Justices

Fri, 30 Jun 2006 00:00:00 +0100

The decision of the Supreme Court to impose specific rules and override political judgments about military necessity mistakes war for the familiarity of the criminal justice system.

Wartime Executives

Sun, 19 Mar 2006 00:00:00 +0100

What does the Constitution permit the president to do in times of war?

Wartime, Constitution Empower Presidents

Sun, 15 Jan 2006 00:00:00 +0100

Iraq is beginning to sound like a rerun of the Vietnam War, and not just because presidential critics again are crying out that the United States has fallen into a quagmire.

Thirty Questions for Alito

Mon, 09 Jan 2006 00:00:00 +0100

Do you believe that the 9/11 attacks put the United States in a state of war with Al Qaeda and its allies?

A President Can Pull the Trigger

Tue, 20 Dec 2005 00:00:00 +0100

Iraq seems to have the imperial presidency in retreat.

Alito Brings Qualifications, Not Conservative Tilt, to Court

Mon, 07 Nov 2005 00:00:00 +0100

President Bush has taken the next step in the road map toward peace. Not with Israelis and Palestinians, but with the Senate.

Terrorists Are Not POWs

Wed, 02 Nov 2005 00:00:00 +0100

Information is the primary weapon in this new conflict. We should not deprive our military and intelligence agencies of the flexibility to prevent another attack.

Make Miers Pass a "Litmus Test"

Tue, 18 Oct 2005 00:00:00 +0100

Conservatives should insist that all nominees should interpret the Constitution in strict accordance with its text, structure and original understanding.

Opportunity Squandered

Tue, 04 Oct 2005 00:00:00 +0100

President George W. Bush's choice of his counsel, Harriet Miers, to replace Sandra Day O'Connor passes up a rare opportunity to change the direction of the Supreme Court.

Trigger Power

Sun, 02 Oct 2005 00:00:00 +0100

What we need is better definition and execution of disaster responsibilities at all levels of government and more leadership on both the state and federal level to use the laws already in place.

A Revolution That Had Run Its Course

Mon, 05 Sep 2005 00:00:00 +0100

William H. Rehnquist went from "Lone Ranger" to chief justice, and saw many of his conservative views triumph at the Supreme Court. But recent rulings went against him.

A United Iraq--What's the Point?

Thu, 25 Aug 2005 00:00:00 +0100

TheUnited Statesmight get closer to its goals in the Middle East if everyone would jettison the fiction of a unified, single Iraq.

High Court Peace Offering

Thu, 21 Jul 2005 00:00:00 +0100

By choosing John G. Roberts, President Bush came as close as possible to finding a non-ideological, consensus nominee who can also lay claim to being a Republican.

Go on the Offensive against Terror

Wed, 13 Jul 2005 00:00:00 +0100

In order to prevail, we must develop an offensive strategy that focuses less on controlling territory or citiesand more on new ways to disrupt and destroy networks.

What Became of Federalism?

Tue, 21 Jun 2005 00:00:00 +0100

The Bush White House has been favoring Washington over the states.

He Advocated Limitations of Public Power

Wed, 27 Apr 2005 00:00:00 +0100

Distrustful of universal government solutions to difficult problems, the Rehnquist court has sought to return the country to its Tocquevillian roots.

Where's the Old Bolton When We Need Him?

Tue, 19 Apr 2005 00:00:00 +0100

The United States and its envoy must understand that demolition is the order of the day--and sometimes demolition is best accomplished from within.

Rewriting the Laws of War for a New Enemy

Tue, 01 Feb 2005 00:00:00 +0100

To pretend that the Geneva Convention applies to al Qaeda, a non-state actor that targets civilians and disregards other laws of war, denies the reality of the war on terror.

Clarence Thomas Is in the Right Seat

Wed, 05 Jan 2005 00:00:00 +0100

Without the burden of chief justiceship, Justice Thomas can expose the stark and real policy choices being imposed by the Supreme Court on the nation.

Behind the "Torture Memos"

Sun, 02 Jan 2005 00:00:00 +0100

Alberto Gonzales will face questions regarding the decision to deny POW status to al Qaeda and Taliban fighters.

Kerry Fails the Guantanamo Test

Mon, 01 Nov 2004 23:00:00 +0100

John Kerry's policies will obstruct our ability to prevent future terrorist attacks.

Americans Are Electing a Supreme Court Too

Tue, 26 Oct 2004 00:00:00 +0100

His cancer surgery over the weekend reminds us that Chief Justice William Rehnquist, appointed to the Supreme Court by President Nixon, is not going to be on the Court forever.

A Crucial Look at Torture Law

Tue, 06 Jul 2004 00:00:00 +0100

A Justice Department memo considers the definition of torture under federal criminal laws; its critics have attacked the memo's conclusions.

The Supreme Court Goes to War

Wed, 30 Jun 2004 00:00:00 +0100

The Supreme Court has affirmed the Bush administration's fundamental legal approach to the war on terrorism and left it with sufficient flexibility to effectively prevail in the future.

With "All Necessary and Appropriate Force"

Fri, 11 Jun 2004 00:00:00 +0100

In interrogations, U.S. actions align with treaties and Congress's wishes.

Terrorists Have No Geneva Rights

Wed, 26 May 2004 00:00:00 +0100

Judicial overconfidence in intruding into war decisions could produce more Abu Ghraibs in combat zones and remove our most effective means of preventing future terrorist attacks.

International Court of Hubris

Wed, 07 Apr 2004 00:00:00 +0100

The International Court of Justice's grandiose ambitions are leading it down the path set by the Permanent Court of International Justice--the ill-fated judicial organ of the League of Nations.

The Status of Terrorists

Thu, 01 Apr 2004 00:00:00 +0100

Let States Decide

Fri, 27 Feb 2004 00:00:00 +0100

An effort to nationalize marriage could result in candidates of both parties making pledges on gay marriage and the issue dominating our appointments to the federal courts.

Power of the Center

Sun, 08 Feb 2004 00:00:00 +0100

Justice Sandra Day O'Connor's swing vote boosts the Supreme Court's influence--and her own.

Reign of Terror

Sun, 18 Jan 2004 00:00:00 +0100

Did the Justice Department and Congress go too far in enacting The Patriot Act, or was it really a solution to the wrong problem? Either way, the debate continues.

Legally Dead

Mon, 11 Aug 2003 00:00:00 +0100

This is war. Skip the hand-wringing about "assassinations."

Why Iraq's Weapons Don't Matter

Mon, 04 Aug 2003 00:00:00 +0100

Perhaps the better way to judge the legitimacy of the Iraq war is not as self-defense, but rather as a safety regulation.

Secret Arrests

Fri, 20 Jun 2003 00:00:00 +0100

War by Other Means

Tue, 12 Sep 2006 00:00:00 +0100

This book offers an insider account of the contexts, facts, and personalities behind the War on Terror.

The Powers of War and Peace

Sat, 15 Oct 2005 00:00:00 +0100

Accessibly blending historical arguments with current policy debates, The Powers of War and Peace contains a controversial analysis of the foreign affairs power supplemented with arguments based on constitutional text, structure, and history.

Should Israel Attack Iran?

Fri, 23 Oct 2009 13:00:00 +0100

The Antitrust Burden: Can American Companies Still Compete Fairly Abroad?

Thu, 29 May 2008 17:00:00 +0100

Medellin v. Texas: Presidential Power and International Tribunals

Thu, 27 Sep 2007 11:30:00 +0100

War by Other Means: An Insider’s Account of the War on Terror

Wed, 04 Oct 2006 18:00:00 +0100

Five Years Later: A Progress Report on U.S. Security Post-9/11

Fri, 08 Sep 2006 10:00:00 +0100

Outsourcing of American Law

Tue, 21 Feb 2006 13:00:00 +0100

The Powers of War and Peace

Fri, 28 Oct 2005 13:00:00 +0100

Fighting the New Terrorism

Mon, 06 Jun 2005 18:30:00 +0100

The Limits of International Law

Wed, 30 Mar 2005 17:00:00 +0100

Torture for Intelligence in the Post-9/11 World

Wed, 10 Nov 2004 11:00:00 +0100

War, International Law, and Sovereignty

Thu, 24 Jun 2004 11:00:00 +0100

Civil Liberties and the War on Terror

Wed, 17 Dec 2003 10:00:00 +0100

The Patriot Act and Civil Liberties

Thu, 30 Oct 2003 13:30:00 +0100

Prosecuting Terrorists

Fri, 08 Aug 2003 10:00:00 +0100

American Sovereignty

Tue, 03 Apr 2001 21:45:00 +0100

Trends in Global Governance

Tue, 04 Apr 2000 10:00:00 +0100

Catching Terrorists

Thu, 14 Sep 2006 00:00:00 +0100

Testimony to the Senate Appropriations Committee, Subcommittee on Homeland Security in a hearing titled "Catching Terrorists: The British System versus the U. S. System."

Fighting the New Terrorism

Mon, 06 Jun 2005 00:00:00 +0100

Tonight I hope to shed some light on the third of leg of the Bradley Foundation’s interests, that of defending American ideas and institutions at home and abroad.

Securing Freedom and the Nation

Thu, 30 Oct 2003 00:00:00 +0100

Yoo's October 29, 2003,testimony before the House Permanent Select Committee on Intelligence.

Constitutionalism, Human Rights, and the Rule of Law in Iraq

Wed, 25 Jun 2003 00:00:00 +0100

International law provides the U.S. with ample authority to establish a new Iraqi constitution and democratic governmental institutions to ensure public safety and peace in the region.

Outsourcing American Law: Introduction

Thu, 20 Aug 2009 00:00:00 +0100

Introduction to AEI's "Outsourcing American Law" working paper series.

Outsourcing American Law: Conclusion

Thu, 20 Aug 2009 00:00:00 +0100

There is growing pressure toward the use of international and foreign law in the United States. Why have these issues arisen now, and what might their consequences be?

Against Foreign Law

Thu, 20 Aug 2009 00:00:00 +0100

This working paper makes five observations regarding the Supreme Court's practice of relying upon foreign and international decisions for support of its constitutional rulings.

Using Force

Wed, 01 Jun 2005 00:00:00 +0100

This paper explores the international law governing the use of force in the wake of conflicts in Kosovo, Afghanistan, and Iraq.

War, Responsibility, and the Age of Terrorism

Wed, 01 Dec 2004 00:00:00 +0100

Must Congress provide ex ante approval for all forms uses of force?

Beyond Formalism in Foreign Affairs

Thu, 01 Jan 1970 01:00:00 +0100

On the functional ability of federal courts to incorporate customary international law through the vehicle of the Alien Tort Statute.

How the Presidency Regained Its Balance

Mon, 25 Sep 2006 00:00:00 +0100

Five years after 9/11, President Bush has taken his counterterrorism case to the American people. That’s because he has had to.

The Patriot Act under Fire

Mon, 01 Dec 2003 00:00:00 +0100

We can only hope the absence of an al Qaeda attack on American soil during the last two years will not lull us back into our pre-September 11 stupor.