My husband and I spent last week at the book festival in Charlottesville, Virginia. When I found out that John Yoo was scheduled to speak at the UVA Law school, we decided to attend the afternoon session organized by the Federalist and Jefferson societies. As could be expected, the usual Hippie protesters were there. A white-haired man and a grey-haired held placards condemning the wars in Iraq, Pakistan and Afghanistan. Few students joined them. Most stood on the opposite side of the street reading the signs. As the time of the talk grew near, organized groups entered the hall ready to do battle.
John Yoo was introduced by his friend, professor Saikrishna Prakash. With friends like him, no one needs enemies. In an obvious reference to Oscar Wilde’s famous novel The Picture of Dorian Gray, Prakash noted that Yoo has changed so little in the past two years that he must have an aging photo in his basement.
I stared. Such a comment would be insulting under the best of circumstances. But given the fact that the left have focused their wrath against the Bush administration on Yoo, the comparison was especially cruel. The picture of Dorian Gray did not merely age but was disfigured by his dissolute crime filled life. Was Prakash trying to signal the demonstrators that he agrees with their opinion of Yoo? I asked him. He responded: “A joke to be sure. And John seemed no worse for it. I can assure you we are still very good friends.”
Perhaps so. Teaching at Berkeley, John Yoo had little choice but to develop a very thick skin, an implacable demeanor and an excellent sense of humor. He began by referencing his appearance at the Daily Show. It was not too difficult to beat him (as John Stewart admitted the following day), he reported. John Stewart was not so different than the average student; full of opinions but in possession of little information. We knew precisely what he meant.
Yoo argues that the constitution intentionally has given its Commanders in Chief wide latitude during wartime and that constitutional scholars rank those presidents who made the greatest use of those powers very highly. He notes that Congress can always check a president by refusing to fund the war. He also points out that deferring to the supreme court is a post W.W.II. phenomenon and that activist Lincoln not only suspended Habeas Corpus but refused to abide by the Dred Scott decision not to mentioned that he used his authority as a commander in chief to free the slaves in Confederacy.
Berkeley students are lucky. He is a truly impressive individual and able teacher. I considered asking him about Obama’s Al Qaeda seven but changed my mind. It seemed too cruel to make such a comparison. He, unlike Holder’s men, has not asked for the job. America is a country with second acts. I hope John Yoo gets one. He, certainly, does not deserve to have his life defined by the infamous “torture memos.”
