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Monday, May 11, 2009

 

By late last year, the world already knew a great deal about John Yoo, the Philadelphia native and conservative legal scholar whose tenure in the Bush administration as a top Justice Department lawyer lies at the root of the period of greatest peril to the U.S. Constitution in modern memory. It was widely known in 2008, for example, that Yoo had argued for presidential powers far beyond anything either real or implied in the Constitution -- that the commander-in-chief could trample the powers of Congress or a free press in an endless undeclared war, or that the 4th Amendment barring unreasonable search and seizure didn't apply in fighting what Yoo called domestic terrorism.

Most famously, Yoo was known as the author of the infamous "torture memos" that in 2002 and 2003 gave the Bush and Cheney the legal cover to violate the human rights of terrorism suspects at Guantanamo Bay and elsewhere, based on the now mostly ridiculed claim that international and U.S. laws against such torture practices did not apply. Working closely with Dick Cheney, Cheney's staff and others, Yoo set into motion the brutal actions that left a deep, indelible stain on the American soul.

Yet none of that was enough to prevent my colleagues upstairs at the Philadelphia Inquirer -- with none of the fanfare that might normally accompany such a move -- to sign a contract with Yoo in late 2008 to give him a regular monthly column. The Inquirer thus handed Yoo a loud megaphone on what was once a hallowed piece of real estate in American journalism -- to write on the very subjects that have now led Justice Department investigators to reportedly recommend disbarment proceedings against Yoo and has led international prosecutors as well as millions of politically engaged Americans to consider the Episcopal Academy graduate worthy of charging with war crimes.

It was Yoo's immoral guidance that aided the United States in sanctioning the torture practice known as waterboarding -- used in the Spanish Inquisition, by despots such as Pol Pot and by Chinese Communists in the Korean War to obtain false confessions from Americans -- as well as slamming detainees into walls, part of a harsh  interrogation regime that has been linked to the deaths of at least a dozen U.S, detainees and possibly more.

But apparently the Inquirer didn't get the memo on Yoo.

Because Yoo's working arrangement with the Inquirer was never formally announced, even people who work here at 400 North Broad Street, the home of the Daily News and Inquirer,weren't immediately aware (myself included)that Yoo was now a regular columnist, joining an increasingly rightward-tilting lineup that also includes the likes ex-Sen. Rick Santorum (at $1,750 a pop), Michael Smerconish, a moderate Republican who is also a forceful advocate for torture, Kevin Ferris and others. Indeed, the buzz about Yoo only started growing louder this weekend, after the man who put his John Hancock on the practice of waterboarding now attacked President Barack Obama for seeking "empathy" in a Supreme Court justice (at least Yoo is consistent in his lack of empathy).

From what I've been able to see, Sunday's column was the first where Yoo was bylined as "Inquirer columnist," although curiously his current one-line bio makes no reference to the one thing that made him famous, his work for the Bush administration. Seeking more information about all of this, I emailed the Inquirer's editorial page editor, Harold Jackson, this afternoon. What exactly was Yoo's arrangement with the Inquirer, how much is he paid, and how much weight -- if any -- did the editors give to the notion they were awarding a regular column who's been accused of unethical lawyering by some, and war crimes by others? How does Yoo's hiring jibe with the Inquirer's editorial stance against the interrogation practices of the Bush administration?

Here is editorial page editor Jackson's written response, in full:

John Yoo has written freelance commentaries for The Inquirer since 2005, however he entered into a contract to write a monthly column in late 2008. I won't discuss the compensation of anyone who writes for us. Of course, we know more about Mr. Yoo's actions in the Justice Department now than we did at the time we contracted him. But we did not blindly enter into our agreement. He's a Philadelphian, and very knowledgeable about the legal subjects he discusses in his commentaries. Our readers have been able to get directly from Mr. Yoo his thoughts on a number of subjects concerning law and the courts, including measures taken by the White House post-9/11. That has promoted further discourse, which is the objective of newspaper commentary.

No personal disrespect toward Harold Jackson (a well-regarded colleague with whom I've crossed career paths in two far-flung cities, with many mutual friends) but I could not disagree more. None of this is a good enough justification for awarding a column to America's top defender of such a serious human rights violation as torture -- certainly not the fact that he's now a celebrated Philadelphian (so is disgraced state Sen. Vince Fumo, who could be handed a political column based on this kind of rationale). Sure, his warped viewpoint that the president of our once-proud democracy can assume virtually dictatorial powers is controversial enough to "promote further discourse" (so did George Will's recent blatantly misleading column on climate change) but that alone hardly makes something worth publishing.

But while promoting public discourse is a goal of newspaper commentary, it should not be the main objective. The higher calling for an American newspaper should be promoting and maintaining our sometimes fragile democracy, the very thing that Yoo and his band of torture advocates very nearly shredded in a few short years. Quite simply, by handing Yoo a regularly scheduled platform for his viewpoint, the Inquirer is telling its readers that Yoo's ideas -- especially that torture is not a crime against the very essence of America -- are acceptable.

This is exactly the kind of "on one hand, on the other hand" cowardly practice that has become a cancer destroying the moral DNA of America's newsrooms. "On one hand, torture is not only immoral but a violation of international and even U.S. law, but on the other hand, check out our 'provocative' new columnist, John Yoo, who can't travel to Europe because he might be arrested for war crimes!" This is wrong -- horribly so. For more than five years, American newsrooms have helped to normalize the inhumane practice of torture, giving into the government's Orwellian terms like "enhanced interrogation" and failing to call for accountability of those responsible for these crimes, including -- but not stopping at -- John Yoo. For a much-honored newspaper like the Inquirer to pay someone like Yoo to write a regular column is surely the exclamation point on a dark period in which most of my profession flunked its greatest moral test.

But it's not too late to change things. Last Sunday's column by Yoo should also be his last, period. While Yoo is a free man who is thus free to utter his detestable viewpoints on any public street corner, the Inquirer has no obligation to so loudly promote these ideas that are so far outside of the mainstream. People should write the Inquirer -- inquirer.letters@phillynews.com -- or call the newspaper and tell them that torture advocates are not the kind of human beings who belong regularly on a newspaper editorial page, officially sanctioned. Journalists here in Philadelphia or elsewhere who wish to strategize on where to take this next should email me at bunchw@phillynews.com.

As an American citizens, I am still reeling from the knowledge that our government tortured people in my name. As a journalist, the fact that my byline and John Yoo's are now rolling off the same printing press is adding insult to injury.

(Photo at top by Joshua Sudock, Orange County Register.)

Posted by Will Bunch @ 11:38 PM  Permalink | 383 comments
Comments   
Posted 12:26 AM, 05/12/2009
Dan U-A
Thank you, Will.
Comment removed.
Posted 05:58 AM, 05/12/2009
nuffera
I was shocked to see a column by John Yoo is last Sunday's Inquirer. Since I only buy the Inquirer for the coupons, I will buy the Delco Times and get the same coupons, and no longer will buy the Inquirer.i can't believe the Inquirer signed a contract with this traitor!!
Posted 06:40 AM, 05/12/2009
Earl J
Ask the families of 9/11 if the torture of a proven terrorist equals saving the lives of thousands of innocent men, woman and children.
Posted 06:57 AM, 05/12/2009
ptaylor
So long Inky. It's been nice to have a subscription, but I don't support those who support torture. I'm canceling this morning.
Posted 07:08 AM, 05/12/2009
blombard
Hmmm..maybe I will restart my subscription,after canceling it due to Will's/Fatima/Smerconish/etc leftist liberal columns. Will reminds me of a spoiled little kid who cries every time he doesn't get his way. And to all his followers,I say off with your heads.
Posted 07:25 AM, 05/12/2009
fgomarty
There is no 'hallowed piece of real estate' in the Inquirer or any other liberal rag that once was a newspaper. You people did this to yourselves, by choosing one side and saying only good things about them, sweeping their transgressions under the rug and going out of your way to denigrate and destroy the other side. I have zero sympathy for any journalist who loses their job. 2008 was the year journalism finally died, after being on life support for many, many years.
Posted 07:26 AM, 05/12/2009
reddog44
Will - do us a favor and quit then. While you are at it quit the Democratic Party that knew of this so called torture and was fine with it. Side with a woman like Nancy Pelosi who LIED about knowing it. Liberals love to throw the double standard quotes around, but here is one for them - waterboarding terrorists is wrong, but partial birth abortion is completely acceptable -- pot meet kettle. As for the right lean in the paper - I believe the opinion section is to tell both sides of a story - not just the one YOU want to hear. And you must be really clueless since he has been contributing there for a year and you just realized it. Also there is a 3-1 slant for Liber versus right wing journalists.
Posted 07:29 AM, 05/12/2009
Dadair1
The paper should have the view point of both sides of the political spectrum . A paper can always agree or disagree to a opinion , but both sides should have a forum to express their opinion , not lean to one side or another . That is one of the reasons for reading papers to view those opinions to be fair.......
Posted 07:34 AM, 05/12/2009
Master Dreamz
It makes me wonder if the Inquirer would have given a monthly column to Stalin, or Hitler, or Timothy McVeigh. Yes, I do consider what Yoo and the Bush administration did to be on par with those people. To those that ask if I had lost someone to terrorists, would I not want them tortured? The answer is, and always will be, "No." My morals are not something that should be bartered for vengence. I have more faith in our legal system than that. Dont you?
Posted 07:39 AM, 05/12/2009
Master Dreamz
Dadair1, the difference, anyone can have an opinion and pretty much get it printed in the Letters to the Editor section; but, to pay someone legitimizes their views. If you hired a KKK member in your company, and knew of his affiliation and knew what you paid them was going to support the KKK, then by association, you are supporting the KKK. So, the Inqy is using money to support Yoo's views on torture, thereby condoning it.
Posted 07:52 AM, 05/12/2009
jay49
Another case of the liberal double standard. Freedom of speach as long as you follow the party line. No wonder the main stream media is going down the drain.
Posted 07:54 AM, 05/12/2009
zjimmyjcb
Ah Will...GET OFF YOUR HIGH HORSE.....it is not ATTYTOOD INQUIRER..it is the Philadelphia Inquirer and they can hire who they want. Do you think I read the Inquirer because you have a column in it? You have your opinion....and gee Will everyone else..including Yoo has their opinions. Imagine that???
Comment removed.
Posted 08:04 AM, 05/12/2009
WriteWinger
Will if this isn't a complete repudiation of your principals I don't know what is. IN YOUR FACE they are telling you!! A real man would now resign in protest and disgust. I dare you.
About Will Bunch
Will's book: Learn about it here and purchase it here.

Will Bunch, a senior writer at the Philadelphia Daily News, blogs about his obsessions, including national and local politics and world affairs, the media, pop music, the Philadelphia Phillies, soccer and other sports, not necessarily in that order.

E-mail Will by clicking here.

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