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The Bush Justice Department rushed to defend John Yoo when he got hit with civil lawsuits brought by victims of the torture policies that he helped to author. Now the Obama Administration, which is legally obligated to conduct a criminal investigation of Yoo, seems poised to fall into a trap. The assumption is that Yoo is being sued for things he did as a Justice Department employee, so his defense is to be furnished at taxpayer’s expense. But this assumption is wrong, because the misconduct by Yoo that has provoked the lawsuits isn’t run-of-the-mill incompetence. As Professor Jordan Paust explains, Congress passed a resolution in 1781 providing that government servants who cause injuries under the laws of nations must bear those liabilities themselves, and twelve years later a justice of the Supreme Court affirmed the principle. War criminals have no right to call on the Justice Department to defend them. They have every reason to expect to be prosecuted.
More from Scott Horton:
Conversation — August 5, 2016, 12:08 pm
Sidney Blumenthal on the origins of the Republican Party, the fallout from Clinton’s emails, and his new biography of Abraham Lincoln
Conversation — March 30, 2016, 3:44 pm
Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.
Years ago, I lived in Montana, a land of purple sunsets, clear streams, and snowflakes the size of silver dollars drifting through the cold air. There were no speed limits and you could legally drive drunk. My small apartment in Missoula had little privacy. In order to write, I rented an off-season fishing cabin on Rock Creek, a one-room place with a bed and a bureau. I lacked the budget for a desk. My idea was to remove a sliding door from a closet in my apartment and place it over a couple of hastily cobbled-together sawhorses.
Annual premium on a $6,000 life insurance policy for a champion German shepherd:
Astronomers discovered a pulsar called a superbubble, which spins 716 times per second.
Nigerian president Muhammadu Buhari told reporters that his wife “belonged to” his kitchen.
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“Matt was happy enough to sustain himself on the detritus of a world he saw as careening toward self-destruction, and equally happy to scam a government he despised. 'I’m glad everyone’s so wasteful,' he told me. 'It supports my lifestyle.'”