Inquirer defends the indefensible: A monthly column by torture architect John Yoo
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Inquirer defends the indefensible: A monthly column by torture architect John Yoo
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.
Can you imagine that we have "Americans" saying that pouring a little water on someone is torture but 3000 babies being murdered by physicians every day, day in and day out, is a "woman's choice" and is perfectly fine. This is truly the beginning of the end.— WriteWinger
Has John Yoo been charged with anything? No. Convicted? No. Has he rpresented nazi rights? N0 (the aclu did). His intentions were good (protecting us from attack). I thought it was all about intentions for libs (see war on poverty, welfare, etc.) not results. He should be your hero. Oh, I'm sorry, you folks love Ramsey Clark. Shouldn't we just move on? This happened five years ago. Ancient history. Can't we just all get along? Ted Kennedy's car killed more people than waterboarding, but hey, that's ancient history. He actally KILLED a young woman, but he is a lib whose is idolized. "Good" intentions and bad results, the hallmark of the liberals. Grow up.— georgel- Mater Dreamz, so in your twisted mind, writing a paper that provides authorization for an activity that he did not believe is torture is the equivalent of killing 60 million people like Stalin did, or 11 million like Hitler did? I mean I know you are saying that they are the same for effect, but you seem like you really believe it? I think you are being completely controlled by your liberal partisan beliefs, and that is preventing you from making a logical argument, or having a rational thought. And Will, you think that because you disagree with someone, they should not be able to write on the editorial pages? You really can't stand when you do not 100% control every aspect of the media, can you? You, and your liberal idiot friends and sycophants may believe that waterboarding is torture, and that it is deplorable, but other people feel differently. I really don't understand the liberal mindset that says that people are not at liberty to disagree with the liberal point of view, and if they do, they are horrible animals.— pete317
- Sounds like Will is trying to say " I disagree with this guy's ideology, so I don't want him or others like him working at this paper."— shock89
Comment removed.- Will the Inky continue this contract if/when Yoo ends up in prison? Just wondering. There are so many more opinions that I'd rather read. I may disagree with conservative columnists (like Gil Spencer in the Delco Times)but at least when I buy that paper, I am not paying to support a likely war criminal.— quadmom
- QuadMom, this gentleman should have a monument erected in DC. For the Inky to land him as a columnist is a big win. He was asked by the Executive Branch for his Judicial Opinion and he provided it. Your opinions should be limited to mothering and leave the tough stuff up to the experts...same for Will.— blombard
- There appears to be no room for diversity of opinion in Bunch's workplace. Bunch even calls for Yoo to be fired because...WAHHH...Yoo has a different viewpoint. Is it me...but Bunch you read like a guy who knows his head has been on the chopping block (you're the left's equivilent of Hannity)...and you're setting up some sort of lawsuit for wrongful dismissal. Bunch...it's fun to watch you self-implode.— rbpeeple
- Comment removed.
- pete, he did believe it was torture, and set out to prove it was legal and these activities did kill people. He was trying to set precedent that would legalize torture. I am a card carrying Republican that can think outside party loyalties. And, I have no problem with Yoo being given a forum to state his acidic beliefs, much like we give Beck, Santorum, and Savage; but, to pay for them to me is where I have a problem. Does that make me right? No. I do, however have a right to state my opinion. How can you justify torture? We, as a nation, are better than that. That is my opinion, and if you feel we arent better than that, then you have a right to that opinion. But, nothing you say, or write, will ever make me believe we arent morally superior than our enemies -- ever. Unless we continue lowering ourselves to their level.— Master Dreamz
- Gotta say, Will, I don't know if your paper can be saved - but dangling a little red meat in front of the torture-loving crowd certainly can't hurt. They'll line up all day to wax poetic about the delight they derive from the idea of tough, uniformed men abusing shackled detainees. (It has something to do with that whole authority complex/dominatrix/sado-masochism thing.) You get 'em every time, Will - it will never get old for that crowd.— Talking point sleuth
- you know what would make this post even better? Indicating that daniel u-a, the first commentor, covered this in depth on Sunday morning. And that phawker, atrios, and brednancalling also posted about this about 8 or 9 hours before this attytood post was published. You always write aboyut "norgs", but maybe you shoudl give a little credit to the guys that noticed this hours before you did. Just sayin'. credit where credit is due.— brendancalling
- Let's not work on the issues of today, but instead rework the past. How does this get us into tomorrow? What growth as a nation does this present when countless issues are more important? For example, credit card debt, an increasing unemployment population, a failing stimulus package, banks still in crisis, and an expodentially growing debt both federal and trade. Take on an issue which may impact lives, not one which regurgitates the past.— Fisher
- As Andrew Jackson said-"one man with courage make a majority." Thank you John Yoo for being that man!!!!!!!!!!— WriteWinger
- It's just a time-saving legal technique. "Your honor, under torture, the witness would confess to starting the Chicago fire, the Reichstag fire, and that your honor is the most intelligent and least corrupt judge he's ever met, so there's no need to burden anyone with the cost and waste of time that is a trial. I've taken the libery to bringing a rope.— Tixtax
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