Cal law professor John Yoo – who as a Justice Department attorney helped build a legal framework for the “enhanced interrogation” techniques many consider to be torture and for other perceived Bush Administration transgressions – has found a new way to make Bay Area liberals mad: supporting President Barack Obama’s stance on his power to attack Libya.
In an op-ed piece that appeared in Friday’s Wall Street Journal, Yoo argues House Republicans are sacrificing constitutional principle for partisan advantage in battling the President on Libya.
“By accusing President Barack Obama of violating the War Powers Resolution, House Republicans are abandoning their party’s longstanding position that the Constitution allows the executive to use force abroad, subject to Congress’s control over funding,” Yoo wrote. “Sadly, they’ve fallen victim to the siren song of short-term political gain against a president who continues to stumble in national-security matters.”
OK, so he’s not an Obama fan by any stretch of the imagination. But Yoo wrote that “Mr. Obama’s constitutional position today on war powers is little different from that of President George W. Bush, whom Democrats portrayed as a warmongering dictator.”
“If the Constitution gives the president the executive authority to use force abroad, Congress cannot take it away,” Yoo wrote. “Surely Mr. Boehner agreed with this proposition before the current president took office. He, for instance, never claimed that President George W. Bush’s exercise of broad executive powers in the war on terror violated the Constitution. Nor does he appear to have thought that legislative authorization of the Afghanistan and Iraq wars was constitutionally necessary in 2001 and 2002.”
If Republicans want to end U.S. involvement in Libya, Yoo concludes, they should cut the operation’s purse strings; refuse to lift the debt ceiling until they get what they want; or even start impeachment proceedings. “But holding hands with isolationist Democrats out of political convenience is no way to defend the Constitution.”
So, Yoo’s tally is: House Republicans are wrong; antiwar Democrats are wrong; and the President is wrong but constitutionally protected.
UPDATE @ 9:50 A.M.: Liz Cheney and Karl Rove agree.