Hold John Yoo To Account For His Crime

I was at a party on Wednesday night for an author whose latest novel deals with torture during Guatemala's civil war. My friend the Human Rights Lawyer had been in the Yucatan since before John Yoo's torture memo of 2003 was released, and I was filling her in on the latest as we sat on a plush sofa and ate dolmas and hummus; we were in the north Berkeley hills in a prosperous neighborhood.

"He lives around here," I said. Our other friend who writes about Argentina's torturers and their victims, listened in on the conversation. "He is part of our community. What are we going to do about him? If we just keep on worrying about torture in Guatemala or Argentina, and we don't address the man who enables torture by our government, who lives among us, then aren't we being hypocrites?"

John Yoo shops where we shop, he drives the streets we drive, we heard a rumor that he lives in this very neighborhood, close to Human Rights Lawyer and Guatemala Novelist. And he wrote the memo enabling Abu-Ghraib and Guantanamo torture. But we do nothing. We don't know what to do, so we keep on chauffeuring our children to school, and attending nice parties. Are we turning into good Germans, just going along with creeping fascism because it would be impolite or out of bounds to make a stink?

Well, maybe yes.

I believe I saw Mr. Yoo yesterday in the waiting room of a doctor I consult in Berkeley. I'm not positive. I have trouble lining up photos of people with the real person. But what if I did meet him in my doctor's waiting room? He looks like a frightened, dewy, pleading boy-man. I don't know how to be cold or cruel to such a person. And I wouldn't compromise doctor-patient confidentiality by asking about him or discussing where exactly we were. (not a shrink's office BTW)

I want to see Yoo held to account. I don't want him - or anyone - to believe that because I accept his right to decent treatment as a human being in his daily round, that means I accept what he has done.

John Yoo, in writing the torture memo, has undermined everything that matters about this Republic of which I am a citizen. And I am not certain that any institution of this Republic is going to call him to account. (or prosecute "the deciders", either). We're all too polite, too concerned with following the rules.

John Yoo must account for his actions, in public. It's not enough for him to be shunned or harassed or insulted around town, around campus, as some have suggested. He undermined the principles upon which this country was founded, and he must pay a public price for this. The nature of his mistake must be explained in public, so that the many other Americans who don't understand why torture is bad for the country may learn something.

I don't believe in mobs with pitchforks or public insult as the only action. Such methods do not promote justice or respect for the rule of law. I do believe in due process.

At the very least, can Berkeley lawyers and other faculty hold a teach-in? Invite Yoo to attend and defend himself; give plenty of time to those lawyers who have analyzed exactly what's wrong with his memo, his actions, and US torture policy under Bush.

This Republic's citizens hunger for justice; our constitutional law students need moral direction. The fabric of our democracy is torn. Mend it!

Comments

[jerry]

I really miss Berkeley.... Somewhat off topic, but actually related, I want to thank you for your recipes on the left side of the blog. Where I live now there are very few middle eastern/greek/persian/turkish restaurants, so I'm trying to figure out what I can do without mangling too badly on my own.

Best wishes,

[joe]

Are you aware that there is a legal requirement for all university of California teachers to swear to uphold defend etc the Constitution.
Believe that someone could really light a fire under this amazing piece of ship, simply by charging him with treason and requiring that he resiqn from Berekeley. There are a lot of people that a lot better lawyers than Yoo who could really cook his goose.

[Leila Abu-Saba]

Joe, I am aware of that because I had to sign the same oath to teach community college. It does seem like a fruitful line of inquiry. Thanks for bringing it up.

[Zenobia Baalbaki]

yes. I was confused by the same thing. I too live here in Berkeley, and have wondered: WHY is this man still teaching at Boalt Law School. I haven't heard anything about the University exiling him or anything like that. Is there an obstacle to firing this man? Is he tenured in some way? I don't even think the public body or students went after him in any significant way to make him regret his participation in making torture a part of policy through presidential privilege.
It is all very odd to me, how he got away with this without any dent in his career.

Zenobia

[Leila Abu-Saba]

Zenobia- may I just say that I *love* your name. Are you related to Laila Baalbaki, or is this a nom de blog?

I have heard through the Berkeley grapevine that students have been protesting at his office and taking other actions. Also professor Brad DeLong of the Econ. dept. has been hosting a conversation about what to do on his blog.

http://delong.typepad.com/sdj/

The dean of the law school issued a letter last week elaborating why they aren't going to go after him just yet. Many people have written comment online about why they think the dean is wrong. I hope pressure is building.

[Zenobia Baalbaki]

hello again,
interesting.
Yes, i really hope there is some momentum being generated to go after him in some form.

as for my name. No, its not actually a nom do blog. : ) it's my real name!..
and i am not sure if I am related to Laila Baalbaki... hmm. might be.
My father is Syrian. But there are even more Baalbaki emigres who are from the Lebanese branch. It is hard to tell too, because some of my father's cousins from Damascus emigrated to Beirut in the 50% so they are also there.
anyhow, I am not sure what Laila's roots are.
At some point (a couple hundred year? ) we must all have come from Baalbek. Fun huh.

I would be happy to meet you sometime, as we are both Berkelites. with sort of 'white people' tastes.. ha ha.. and interest in the middle east.
send me an email if you like.
I am very sorry to hear about your illness and struggle with that. I hope you are doing ok, and yes, let go of the world's concerns for the moment to think of yourself. Especially because those concerns are so demoralizing at the moment.

regards,
Zenobia