GO BACK TO LAW SCHOOL
Lawyer Who Wrote Grotesque Pro-Torture Memos Mocked for Claim Framers Wouldn’t Want Trump Impeached Before Election
“The founders thought bribery was a-ok so long as a president does it in their first term” one person tweeted.
John Yoo, a former Dept.of Justice lawyer who wrote the now-infamous flawed memos President George W. Bush used to support the use of torture, including waterboarding – which is a war crime – is out with another flawed “legal” theory. Yoo says President Donald Trump should not be impeached before an election, claiming the founding fathers would have opposed such action.
“I’m glad they’re reading the Constitution and citing the Framers for once but they’ve got it exactly backwards,” Yoo, getting it exactly backwards, told Fox News’ Laura Ingraham Wednesday night.
“What the Framers thought was the American people would judge a president at the time of an election, they would have never wanted an impeachment within a year of an election, it’s up to the American people.”
Fox guest John Yoo says the framers of the Constitution “would never have wanted impeachment within a year of an election” pic.twitter.com/Yjd7ZBYguR
— Jason Campbell (@JasonSCampbell) October 17, 2019
Yoo offered nothing to support his claim, and in fact, as some on Twitter suggested, tell that to Andrew Johnson, the 17th president of the United States.
On February 24, 1868, the U.S. House of Representatives overwhelmingly impeached President Johnson, by a vote of 128 – 47. He was not removed by the Senate, and served until the end of his term in 1869, less than a year after the end of his three month Senate trial.
This Princeton scientist sums up the facts perfectly:
Andrew Johnson was impeached in 1868, an election year.
Articles of impeachment were drafted against Richard Nixon in 1974, a midterm election year.
Impeachment of Bill Clinton was initiated in October 1998, less than one month before the midterm election. https://t.co/JWADdv4WtX
— Sam Wang (@SamWangPhD) October 17, 2019
Sadly, Yoo is currently a Professor of Law at the University of California, Berkeley, School of Law.
Others respond:
Yoo’s an “originalist,” which is why he’s leaning so hard on the Article II clause that says the president, “shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors, but ideally not within a year of an election.” https://t.co/pdjfYcWZqd
— Brian Beutler (@brianbeutler) October 17, 2019
My colleague John Yoo teaches in the Law School and absolutely doesn’t understand what the founders would and wouldn’t have wanted re: impeachment. https://t.co/1QwS2XKZB1
— Brian DeLay (@BrianDeLay) October 17, 2019
fox guest john yoo: the founders thought bribery was a-ok so long as a president does it in their first term https://t.co/po7QWo7mfE
— Bobby Lewis (@revrrlewis) October 17, 2019
Andrew Johnson was impeached in 1868, an election year.
Articles of impeachment were drafted against Richard Nixon in 1974, a midterm election year.
Impeachment of Bill Clinton was initiated in October 1998, less than one month before the midterm election. https://t.co/JWADdv4WtX
— Sam Wang (@SamWangPhD) October 17, 2019
This is John Yoo that DOJ’s Office of Prof. Responsibility concluded committed “intentional professional misconduct” when he “knowingly failed to provide a thorough, objective, & candid interpretation of the law”. It recommended a referral to the PA Bar for disciplinary action. https://t.co/7kCrXzHOVf
— Lester Tate (@LesterTate) October 17, 2019
Did the framers of the Constitution want the USG to torture people, John Yoo? Take a seat. https://t.co/YP8y5d6g8R
— Elizabeth de la Vega (@Delavegalaw) October 17, 2019
Er…he may want to flip back to the impeachment of Andrew Johnson…in 1868.
— David Rothkopf (@djrothkopf) October 17, 2019
Torture Memo Guy is good at making stuff up.
— Elie Honig (@eliehonig) October 17, 2019
Andrew Johnson was impeached Feb 24, 1868 less than 9 months before the election of 1868 https://t.co/SEfvg2WfxH https://t.co/OFvnAQRmhG
— David Frum (@davidfrum) October 17, 2019
Torture guy says what???
— MM Wilson (@ememwilson123) October 17, 2019
This is the same guy that magically found within the Constitution where it says torture is cool!
— Fauda (@liberte1787) October 17, 2019
Trust John Yoo to extend the Merrick Garland “precedent” to ignore what the Constitution demands. https://t.co/xxZb3dpbrM
— emptywheel (@emptywheel) October 17, 2019
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