Absolutely, struggle4progress. Thank you for an excellent synopsis.
Scott Horton takes it from there...
Deconstructing John YooBy Scott Horton
Once again, poor John Yoo, the author of the original torture memorandum and steady defender in public fora of waterboarding and crushing the genitalia of small children, feels he is being persecuted. This has been a steady theme of his writings in the Journal, in which he has lashed out against former Attorney General Ashcroft, the Supreme Court in its Rasul and Hamdan decisions, and his colleagues in academia. This time the victimizer is his own alma mater. A Yale Law School clinic has supported a lawsuit filed against him in federal court in San Francisco seeking nominal damages ($1 plus attorney’s fees and costs) on behalf of Jose Padilla. The Wall Street Journal and other organs of the Neoconservative world (of which the soft-spoken Yoo is a card-carrying member) reacted promptly and in unison. This law suit is a ludicrous act of harassment, they say, blasting away against Yale Dean Harold Koh and a series of additional windmills who have nothing to do with it.
But John Yoo’s self-defense, published on Saturday, is extremely revealing. It merits a pause and careful read through. In it, Yoo is on the warpath. Moreover, he goes out of his way to describe the nature of his warpath. The war is all about politics, he tells us. Yoo very thoughtfully allows the inner Yoo to shine through. His writing will provide plenty of grist for his severest critics. Let’s take a look.
War is a continuation of politics by other means, the German strategist Carl von Clausewitz famously observed in his 19th-century treatise, “On War.” Clausewitz surely could never have imagined that politics, pursued through our own courts, would be the continuation of war.
John Yoo likes to quote from Clausewitz these days. But does he really understand him? I don’t think so. The passage cited here, the most clichéd lines of a thoughtful but incomplete masterwork, reveals Yoo’s passion for the good sound bite and indifference to the subtleties of the texts he engages. Of course, if you’ve actually read Clausewitz, you know that this passage is crafted in a typically early nineteenth century dialectical style. It does not reflect Clausewitz’s thinking, but rather that of a straw man. Clausewitz presents his readers with an argument. One man contends that war is a “mere continuation” (“bloße Fortsetzung”) of politics, while a second says that it is “nothing more than a wrestling match.” But the synthesis view that Clausewitz articulates, and which presents the pearl in the heart of On War is far more subtle and complex. War is, he says, a dynamic and inherently unstable interaction of forces of violent emotion, chance and rational planning–his ominous trinity–which is paralleled by another trinity, namely, the people, the army and the leadership. Clausewitz stresses the imperative role played by discipline and training, clear rules, and careful planning towards a clearly conceived objective. Most military leaders in the United States today would not give the Bush Administration a passing grade on any of the key Clausewitz criteria, and Yoo is now notorious among the officer corps for his intemperate attacks contained in a shameless article he recently published in the UCLA Law Review. He all but accuses the senior tiers of the JAG Corps of disloyalty to President Bush for attempting to uphold centuries-old standards of military discipline and order. For Yoo that’s all poppycock. He knows better than military traditions that stretch back to President Washington. Indeed, Yoo’s attitudes towards traditional military rules can be summarized in a single word: contempt. That’s why whenever law of armed conflict issues came up, he never consulted the experts at the Defense Department, he coped with it himself. And he got virtually every significant issue dead wrong. Yoo is like the sorcerer’s apprentice whose half-learned incantations unleash chaos within a few hours of the master’s departure.
But Yoo’s diatribe helps us understand the role he envisions for warfare. In the Yoo conceptualization, war is used to accomplish political objectives—except that he understands “politics” the way Karl Rove does, not in the sense used by Clausewitz or Aristotle.
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http://harpers.org/archive/2008/01/hbc-90002226 These aren't ordinary times. These are gangster NAZI times.