Dangerous Precedent

" The debate over what should happen to the Bush Administration officials who drafted the so called torture memos took a new term when a federal judge in San Francisco. Ruled that former Justice Department lawyer John you. Can be held personally responsible. For the detention and alleged torture of convicted terrorist Jose Padilla the ruling clears the way for you to stand trial in a civil lawsuit for his role. In producing a series of legal memos authorizing harsh interrogation techniques that were later used on Padilla who is now serving seventeen years in. Prince we're back with Stan -- also drawing a panel editorial features editor rob Pollock and foreign affairs columnist Bret Stephens and what are the implications. For the advice and other government officials will give future presidents or even the current president. If this kind of suit goes forward and is successful."

" Ron Paul implications are pretty obvious you know current case law holds that public officials like John you. Are held they have immunity when they are advising president unless they commit clear criminal Plavsic made it clear criminal acts now if this. Lawsuits succeeds clearly other future administration officials are going to be reluctant to give the president. The most honest opinion I think what's going on here is nothing to do with the law it's about a political effort to intimidate. Future men and women from serving in conservative Republican administrations because if they do and -- into a situation like this. Potentially they will be not simply. Sued but destroyed using the legal system to damage."

" Not -- maybe not just conservative Republican administration threat because what happens if we have another terrorist attack and somebody in the Obama administration has sued for having given advice and don't interrogate enough."

" But what happens when a future President Clinton decides that he has to go to the to the help of some Hong claims like Kosovo and violate the no war powers resolution for the first time as as as President Clinton you can get some conservatives have no legal bucket shop to see them again and we both conservatives and got guys are out there."

" Yet I think it's important -- one huge misconception here which a lot of people believe that John you. Devised to be used in interrogation techniques that's not what happened the CIA came to him. Gave him a list of things that we'd like to do these things he advised against doing a number of the things he said specifically that I was -- has wounded you had been incurred during -- tomatoes one of the terrorist captured and interrogated he said specifically that his -- had to be allowed to -- they couldn't do anything to interfere with that I mean this is not at all how it's been portrayed --"

" He also mean John -- was not -- some role he was acting at the request of his superiors at the request of the CIA and he was act and ultimately the president the United States declared Padilla to be. -- enemy combat."

" which is why if if if the left here were honest the suit will be brought against President Bush but that's not the purpose but that's not the real purpose here. The purpose is to intimidate these -- mid level career career officials. Or simply trying to give the best advice to their president under extremely stressful -- and demanding conditions like months after nine elevenths. Anticipating another type but I think the the basic point here. Is that the far left of this is of the far -- trying to say that we are the only ones who can set. The boundaries of acceptable discourse so views like the ones that you have which I find perfectly legitimate and acceptable are supposed to be not only mistaken but actually criminal."

" There's another aspect to this -- which is that the office of professional responsibility at the Justice Department has been investigated for five years. View writers of these interrogation memos and they're about to come out with a report to kind of kick -- can. Down the road to get past the bush administration and how that decision of what to say what to recommend rests with attorney general holder. And that the event that the move a leak recently said that they're going to may be to perhaps recommend. Disbarment or referral to disbarment or other sanctions against not just you but -- by B and Stephen Brad."

" There frankly I think it's a joke to imagine the mediocre lawyers who -- that backwater office of the Justice Department -- and more active and bar association's passing judgment on and on and lead lawyer like John you that's just a joke."

" Well they recommend disbarment we could have an impeachment hearing against -- Biden who's a federal. Judge people actually talked about that. -- and an additional nurse faculty -- law school were John Yoo teaches at Berkeley that won his tenure removed and -- driven from the faculty so you have a whole series of strategies here to essentially. Drive John you. Out of the legal system and out of public life and there will be others that come after him only --"

" Little element here the Genesis of this came out of legal shop affiliated with Yale Law School the dean of the Yale Law School carolco. We're John you also went to school has now been nominated by President Obama to be the legal adviser at the State Department who was responsible will be responsible for defending. US officials from these kinds of suits and other legal matters. Should confirm. Quickly should -- be confirmed."

" Absolutely not -- repeat their Americans who who now are facing civil suits abroad. If -- Spanish judge -- is our cars on and I don't see how the same guy who's essentially encouraging these lawsuits would defend American citizens against them all right."