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CONTACT: Boalt Alliance to Abolish Torture (BAAT) Megan
Schuller (302) 354-5904 Gretchen Gordon (510) 387-5316 |
Berkeley Law Students and Staff Call for Investigation of “Torture Memo” Lawyers
Over 200 Sign Letters to Department of Justice, Pennsylvania Bar Association and University of California Faculty Senate
BERKELEY, CA - November 24 - Students and staff at the Berkeley School of Law today called on the Justice Department, the Pennsylvania Bar, and the University of California "to conduct full and thorough investigations" of former government lawyers who participated in the drafting of memoranda authorizing torture, including John Yoo, currently a tenured member of the Berkeley Law faculty.
The letter drive was organized by the Boalt Alliance to Abolish Torture (BAAT), a coalition of student groups and individuals. The letters call for investigations into potential violations of professional and ethical duties, as well as possible criminal conduct.
"Abuse by government lawyers cannot be swept under the rug," said Liz Jackson, Co-chair of the Boalt chapter of the National Lawyers Guild, a member of BAAT. "The Berkeley Law community is making a statement that fundamental human rights were violated, and the institutions that have authority over these lawyers have a duty to investigate."
An inquiry by the Justice Department's Office of Professional Responsibility has yet to be made public, and both the Pennsylvania Bar Association where John Yoo is registered and the University of California have thus far refused to open ethics investigations.
"Lawyers to the government owe their client an honest appraisal of the law, as informed by statutes, court cases and international treaties and norms-- not a tortured interpretation that the ends justifies the means," said Stephen Rosenbaum, a Berkeley Law lecturer. "I teach a course in civil rights in which one of the take-away points is that actions by government officials--whether voting on a budget or making policy-- demand accountability."
Cat Norris, Communications Coordinator for the Boalt Hall Committee for Human Rights, a member of BAAT, stated that "by calling for investigations and accountability, students are taking a stand for human rights. We have a responsibility to restore U.S. respect for the prohibition against torture, which is a core principle of international human rights law."
The full text of the letters can be found at:
http://www.scribd.com/doc/
http://www.scribd.com/doc/
http://www.scribd.com/doc/


5 Comments so far
Show AllJohn Yoo as deputy assistant attorney general also wrote the legal memos undergirding the unprecedented surveillance operation put into effect during the Bush Administration which was only revealed to Congress in an inspectors general report in July, 2009. I don't know if these classified surveillance programs or if the Attorney General Guidelines in the Bush Administration which rescinded COINTELPRO regulations are responsible for the organized gang stalking I am subjected to daily (see my web site at www.theintrovertspeaks.com) - but what I am enduring is a violation of several provisions of the Universal Declaration of Human Rights. My conspicuous surveillance which includes citizens stalkers using red cars, red trucks, those wearing-carrying red has gone on for over three years and includes aspects very reminiscent of the COINTELPRO program of the 60's and 70's. We need a bipartisan Commission to get to the bottom of all the unconstitutional programs and policies put in place in the Bush Administration. Shockingly, the President who promised us change, Barach Obama, is continuing the Surveillance Policies put in place during the Bush years and his Attorney General has not revised the Attorney General Guidelines for the FBI which rescinded anti-COINTELPRO regulations. Let's call for an investigation of the memos John Yoo wrote undergirding classified surveillance policies, too, and put a stop to the torture of citizens in this country who without due process are subjected to it.
only one comment so far on an issue that goes to the heart of what this country is supposed to be about? well, let me tell you why yoo should be in jail, or at least visiting the international courts in hague or nuremberg. it's because his was an opinion rendered in the service of torture. he had already decided to justify these "enhanced interrogation tecniques"; else, the administration would not have hired him to be its legal counsel. he knew his opinions would serve as "get out of jail free" cards to those abusing prisoners in ways that we ourselves would not tolerate. what ,for instance, did the iraqis do to jessica lynch? nothing but bandage her wounds and take care of her until the americans captured the hospital. i hesitate to say what might have happened to a wounded female iraqi soldier captured while fighting against our marines. yoo simply fabricated legal precedents and used them to cloak torturers with legal immunity. yoo gave them the legal escape hatch of relying in good faith upon his official interpretation of the law. to borrow from the downing street memo, he simply fixed the law around the facts. plenty of yoo's ilk were convicted at nuremberg, though they never released poison gas or saw the inside of a concentration camp. their aiding and abetting under the thin guise of scholarly dispassion and academic detachment were enough to find them the hangman's noose or many years at spandau prison. yoo is no different. he is a threat to our country and our system of justice. japanese were hanged in tokyo for waterboarding american p.o.w.s; the least yoo could do is submit himself to the jurisdiction of an international court and face trial. he'll never have to worry about an american court because our president and attorney general are afraid of what dick cheney might say.
These measures by Berkeley law students and staff (faculty?) are constructive, if belated.
Many calls for action on the violations of federal and international laws prohibiting torture address themselves to governmental departments, legislative bodies, and other entities consisting of numerous persons who may pass the buck around the organization without anyone being individually held responsible for responding. I think the letters to Holder and the Pennsylvania Bar Association fit this pattern.
Holder has already indicated that he feels no need to investigate as requested by the BAAT.
I'm unaware of any investigative duty of the Pennsylvania bar triggered by requests like the one here. On the other hand, a grievance filed against a licensed attorney triggers procedures that have to produce at least a preliminary response. I understand that Keven Zeese's organization already has pursued grievances, but any results haven't made it into CD or the MSM, as far as I know.
The letter addressed to the three university officials seems a bit more promising with respect to eliciting a response.
I think the best tactic is to file complaints or grievances that automatically require responses, such as grievances against attorneys. Also, it seems that directly addressing law enforcement agencies, and federal or state prosecutors, with possible jurisdiction of the laws in question, and federal or state grand juries, could be productive.
It remains a mystery to me why, given the obvious probable cause the ACLU has uncovered, the thousands of law enforcement agencies and officials throughout the country are powerless to enforce the anti-torture laws.
As this controversy drones on, I'm thinking more and more that perhaps it was intended that way. Perhaps the laws were passed nationally and internationally with the understanding that they were mere window-dressing, intended to give the illusion to our enemies that the U.S. respected moral injunctions against torture, in the hope that our enemies would refrain from torturing our own people if they were detained. If so, that particular ruse has certainly been exposed.
UC Berkley Boalt Hall School of Law Dean Christopher Edley recently stated that the school lacked the knowledge or resources to investigate allegations of war crimes against Professor John Yoo, Justice Department torture architect in the Bush administration. This is a stunning admission of incompetence from Dean Edley. If a school of law lacks the resources to sift the wheat of war crimes from the chaff of academic freedom, then the school should refund all tuition payments made by its students and shutter its doors. Furthermore, the school’s graduates should surrender their licenses to practice law, and refund any fees received for the practice thereof.
John Heuer
Mt. Dora, Florida
The website for Boalt Alliance to Abolish Torture is
http:/sites.google.com/site/abolishtorture/