Legal News

Obama DOJ Still Helping Yoo

By Ashby Jones

The Obama DOJ no longer represents former Bush administration lawyer John Yoo in Yoo’s suit against Jose Padilla. The DOJ ended its representation ended its representation in June, after a federal judge ruled that Padilla’s suit could go forward. (Since then Yoo has used Gibson Dunn’s Miguel Estrada.)

But the Obama administration is still working on Yoo’s behalf in the case. Well, mostly. Late last week, DOJ lawyers asked the Ninth Circuit to dismiss the suit, which accuses Yoo of authorizing the torture of a terrorism suspect. (Click here for the filing.)

Essentially, the DOJ argues that federal law does not allow damage claims against lawyers who advise the president on national security issues. Such suits, the filing continues, ask courts to second-guess presidential decisions and pose “the risk of deterring full and frank advice regarding the military’s detention and treatment of those determined to be enemies during an armed conflict.”Click here for Tuesday’s article on the filing, from the San Francisco Chronicle.

But the DOJ didn’t exactly condone Yoo’s advice, only defended his right to give it. Other sanctions are available for government lawyers who commit misconduct, the department said. It noted that its Office of Professional Responsibility has been investigating Yoo’s advice to former President George W. Bush since 2004 and has the power to recommend professional discipline or even criminal prosecution.

The office has not made its conclusions public. However, The Chronicle and other media reported in May that the office will recommend that Yoo be referred to the bar association for possible discipline, but that he not be prosecuted.

Full post as published by Law Blog - WSJ.com on December 08, 2009 (boomark / email).