DOCSLIB.ORG

Morality, Terror, Ethics and Torture Does HLS Know Right from Wrong?

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Morality, Terror, Ethics and Torture Does HLS Know Right from Wrong? Morality, Terror, Ethics and Torture Does HLS Know Right From Wrong? DAVID BRANNAN CENTER FOR HOMELAND DEFENSE AND SECURITY DEPT. OF NATIONAL SECURITY AFFAIRS NAVAL POSTGRADUATE SCHOOL Slide 1 Opening Credits Music Slide 2 Morality, Terror, Ethics and Torture Does Homeland Security know right from wrong? By David Brannan Slide 3 Do Other Societies Have a Right? Do other societies have a right to hold as ethical actions that we believe to be clearly unethical? We’ve looked at the three major ways of viewing ethics: the consequentialist, de-ontological and virtue ethics approaches. The US is often accused of not acting quickly enough with regard to unethical situations that are constantly taking place around the world. Clearly as a nation we want to view our national and homeland security efforts as ethical, but holding a particular ethical framework makes it difficult to pick and choose when to intervene and when not to intervene in another states’ actions. As you look at the terror in the face of this woman about to be stoned in Iran, our Western ethical perspectives are pushed to extremes. How can this be right—be ethical? After looking at this woman’s face we can easily justify taking actions to stop what we call unethical actions and then quickly link it to our national virtue and unwillingness to accept immoral action; to Islamic extremism, to terror, or any number of positions we find abhorrent. But Western European countries have similarly protested the US' use of capital punishment in any form. The dilemma, then, seems to be in relation to how that sentence is carried out. Eighth Amendment Constitutional guarantees are meant to protect us from Cruel and Unusual punishment, but that is from our cultural perspective. Certainly the US seems much less concerned with those same issues as carried out by our allies in Saudi Arabia each week. Torture, guarantees related to cruel and unusual punishment, and how we choose to interrogate terrorists converge as we look at pursuing ethical homeland security policies. Slide 4 Torture: What is it? The first question we should probably ask is: what is torture? While the dictionary approach to what torture "is" and "is not" seems clear—politicians, bureaucrats and the American public have struggled to come to consensus on what torture is or is not, and how to use methods we deem effective and legal, in the homeland security project. The Oxford English Dictionary defines torture as: “the action or practice of inflicting severe pain on someone as a punishment or to force them to do or say something, or for the pleasure of the person inflicting the pain.” Slide 5 Torture: What is it? As we look at how the international community has sought to distinguish what is and is not torture we may be tempted to ask, who cares? After all, terrorists use horrible tactics against innocent people. Additionally, we have to recognize that we are in a struggle for freedom and our way of life—so who is to say what is or is not torture in today’s security environment? According to the 1975 United Nations Declaration Against Torture: • "For the purpose of this Declaration, torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted by or at the instigation of a public official on a person for such purposes as obtaining from him or a third person information or confession, punishing him for an act he has committed or intimidating him or other persons. It does not include pain or suffering arising only from, inherent in, or incidental to lawful sanctions to the extent consistent with the Standard Minimum Rules for the Treatment of Prisoners. " The definition clearly and explicitly includes psychological as well as physical pain and suffering. Slide 6 Torture: What is it? Which of these do you consider torture? Note these lists include both psychological and physical methods of treatment … Do you ever believe that the use of these tactics is warranted? What if the use of one or more of these methods would secure the release of an innocent victim of terrorism? Isn’t it ethical to make sure we do all we can to secure that release? Slide 7 Torture: Is it Ever OK? Lets take the discussion away from the theoretical to the personal. This is Dennis Rader— known as the BTK (bind, torture, kill) killer. He brutally raped and murdered women from 1974 to 1991 in and around Wichita, Kansas. Would the use of torture on a person like this ever be ok? If this man knows where your daughter is being held and raped repeatedly, and you can get information to free that girl through the use of torture, isn’t it ethical to use those methods to save the innocent girl? Slide 8 Moderate Physical Pressure Accepting the use of what the culture has previously held as torture—for some specific reasons (for example "ticking time bomb scenario" - where the use is justified because potential consequences of some act could cause some great loss of life)—can become a slippery slope. In 1987 the Landau Commission, headed by former Supreme Court Justice Moshe Landau, was set up by the Israeli government to investigate the methods of interrogation used by the General Security Service (GSS) with regards to Hostile Terrorist Activity. With regards to interrogation methods the commission concluded that, in cases in which obtaining information is necessary in order to save lives, the investigator is entitled to apply ‘a moderate degree of physical pressure.’ According to the commission report: "To put it bluntly, the alternative is: are we to accept the offence of assault entailed in slapping a suspect's face, or threatening him, in order to induce him to talk and reveal a cache of explosive materials meant for use in carrying an act of mass terror against a civilian population, and there by prevent the greater evil which is about to occur? The answer is self evident." Here are 5 types of interrogation methods that were used by the GSS at that time: • Shaking, which consists of holding the detainee by the collar of his shirt and violently shaking him. • Shackling, wherein officials handcuff the detainee to a low stool with his arms stretched backwards in a painful position, and tighten the handcuffs until they press or rub against the skin, causing swelling and abrasions on the wrists. • Hooding, which consists of placing a sack over the head of the detainee. • Constantly playing loud music in the room where detainees are held before interrogation. • Sleep deprivation, in which periods of interrogation are interspersed with a “waiting” period that may last for days, and during which detainees are unable to sleep. As a nation, Israel can nearly be defined by the conflict and defense against terrorism. It is the country most often used as an example by students looking at how to defend against terrorist actions. It is a form of government held up as ethical in an unethical region—but is their use of these methods a model for what we should do as a nation? The question is not an easy one. Slide 9 Enhanced Interrogation Under the Bush administration, our national relationship to Constitutional amendments was questioned, given the nature of the terrorist conflict in which we found ourselves. Famously, John Yoo wrote a series of legal justifications (known as the "Torture Memos") for using methods previously considered as torturous on prisoners taken from the battlefield—and elsewhere—if the person being detained was believed to have information related to potential terrorist attacks against the nation. These memos continue to be hotly debated in the press—but do you see their precepts as ethical? Slide 10 Enhanced Interrogation It would be naive to suggest that no information could be extracted using torture tactics. Former Vice President Cheney argued that the enhanced interrogation techniques that the Yoo memo confirmed as legally justifiable did in fact provide information that stopped terror plots already underway. If that is accurate, how can we argue with any method that will save US citizens? Can’t we easily use the Consequentialist maxim of “the greatest good for the greatest number” to show that it is the ethical thing to do – and to perhaps go well beyond the enhanced interrogations techniques described here, using other, more effective methods torture to obtain information required? How do we decide where those limits are, and under what circumstances? Finally, who does the deciding? Slide 26 Closing Credits Music .
Load more

Recommended publications
  • The Ethics of Interrogation and the Rule of Law Release Date: April 23, 2018
    Release Date: April 23, 2018 CERL Report on The Ethics of Interrogation and the Rule of Law Release Date: April 23, 2018 CERL Report on The Ethics of Interrogation and the Rule of Law I. Introduction On January 25, 2017, President Trump repeated his belief that torture works1 and reaffirmed his commitment to restore the use of harsh interrogation of detainees in American custody.2 That same day, CBS News released a draft Trump administration executive order that would order the Intelligence Community (IC) and Department of Defense (DoD) to review the legality of torture and potentially revise the Army Field Manual to allow harsh interrogations.3 On March 13, 2018, the President nominated Mike Pompeo to replace Rex Tillerson as Secretary of State, and Gina Haspel to replace Mr. Pompeo as Director of the CIA. Mr. Pompeo has made public statements in support of torture, most notably in response to the Senate Intelligence Committee’s 2014 report on the CIA’s use of torture on post-9/11 detainees,4 though his position appears to have altered somewhat by the time of his confirmation hearing for Director of the CIA, and Ms. Haspel’s history at black site Cat’s Eye in Thailand is controversial, particularly regarding her oversight of the torture of Abd al-Rahim al-Nashiri5 as well as her role in the destruction of video tapes documenting the CIA’s use of enhanced interrogation techniques.6 In light of these actions, President Trump appears to be signaling his support for legalizing the Bush-era techniques applied to detainees arrested and interrogated during the war on terror.
    [Show full text]
  • An Open Letter on the Question of Torture
    1 Torture, Aggressive War & Presidential Power: Thoughts on the Current Constitutional Crisisi Thomas Ehrlich Reifer October 2009 Abstract: This chapter analyses the intersection of torture, aggressive war and Presidential power in the 21st century, with particular attention to the current Constitutional crisis and related international humanitarian/human rights law, including treaties signed and ratified by the U.S., from the Geneva Conventions to the U.N. Convention Against Torture. America's embrace of a ªliberal culture of tortureº af1ter 9/11 is examined, as well as the road leading from Bagram Air Base to Guantanamo to Abu Ghraib. Prospects for change are also analyzed, in light of revelations about the role of both the Democrats and Republicans in policies of torture, extraordinary rendition and aggressive war, past and present. For Sister Dianna "Why is there this inability to reckon with the moral and spiritual facts?"ii ªThe abuse of detainees in U.S. custody cannot simply be attributed to the actions of `a few bad apples' acting on their own. The fact is that senior officials in the United States government solicited information on how to use aggressive techniques, redefined the law to create the appearance of their legality, and authorized their use against detainees.ºiii 2009 initially brought sharp relief to torture abolitionists in the U.S. and around the world, as President Obama, in his first week in office, signed three executive orders 1) closing Guantanamo in a year 2) creating a task force to examine policies towards prisoners caught up in the ªwar on terrorº and 3) mandating lawful interrogations in compliance with the Army Field Manual and thus international agreements.
    [Show full text]
  • 20121211 IACHR Petition FINAL
    TO THE HONORABLE MEMBERS OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, ORGANIZATION OF AMERICAN STATES PETITION ALLEGING VIOLATIONS OF THE HUMAN RIGHTS OF JOSE PADILLA and ESTELA LEBRON BY THE UNITED STATES OF AMERICA WITH A REQUEST FOR AN INVESTIGATION AND HEARING ON THE MERITS By the undersigned, appearing as counsel for petitioners UNDER THE PROVISIONS OF ARTICLE 23 OF THE RULES OF PROCEDURE OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS Steven M. Watt Human Rights Program American Civil Liberties Union 125 Broad Street, 18th Floor New York, NY, 10004 F/(212)-549-2654 P/(212)-519-7870 Hope Metcalf Ingrid Deborah Francois, Law Student Intern Sheng Li, Law Student Intern Alaina Varvaloucas, Law Student Intern Allard K. Lowenstein Human Rights Clinic Yale Law School 127 Wall St. New Haven, CT 06520 P/(203)-432-9404 Table of Contents INTRODUCTION ..................................................................................................................................................................... 1 FACTUAL AND PROCEDURAL BACKGROUND ................................................................................................ 3 I. Petitioner Estela Lebron ............................................................................................................................................. 3 II. Seizure, Detention, and Interrogation of Jose Padilla ................................................................................... 3 A. Initial Arrest and Detention Under the Material Witness Act .........................................................
    [Show full text]
  • Extraordinary Rendition and the Torture Convention
    Scholarship Repository University of Minnesota Law School Articles Faculty Scholarship 2006 Extraordinary Rendition and the Torture Convention David Weissbrodt University of Minnesota Law School, [email protected] Amy Bergquist Follow this and additional works at: https://scholarship.law.umn.edu/faculty_articles Part of the Law Commons Recommended Citation David Weissbrodt and Amy Bergquist, Extraordinary Rendition and the Torture Convention, 46 VA. J. INT'L L. 585 (2006), available at https://scholarship.law.umn.edu/faculty_articles/283. This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in the Faculty Scholarship collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. Extraordinary Rendition and the Torture Convention t DAVID WEISSBRODT AMY BERGQUISTt 1. Extraordinary Rendition Violates the Convention Against Torture and the Federal Torture Statute .................................... 599 A. U.S. Acceptance of the Convention Against Torture ...... 600 B. Scope of the Statutory Prohibition of Torture ................. 606 C. Extraordinary Rendition Constitutes a Criminal Conspiracy to Commit Torture ........................................ 611 D. Defenses of Extraordinary Rendition Are Inadequate ..... 621 II. Mechanisms in U.S. Law Can Challenge the Practice of Extraordinary Rendition ............................................................ 625 A . Crim inal Prosecution ......................................................
    [Show full text]
  • Advising Clients After Critical Legal Studies and the Torture Memos
    Texas A&M University School of Law Texas A&M Law Scholarship Faculty Scholarship 11-2011 Advising Clients after Critical Legal Studies and the Torture Memos Milan Markovic Texas A&M University School of Law, [email protected] Follow this and additional works at: https://scholarship.law.tamu.edu/facscholar Part of the Law Commons Recommended Citation Milan Markovic, Advising Clients after Critical Legal Studies and the Torture Memos, 114 W. Va. L. Rev. 109 (2011). Available at: https://scholarship.law.tamu.edu/facscholar/344 This Article is brought to you for free and open access by Texas A&M Law Scholarship. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Texas A&M Law Scholarship. For more information, please contact [email protected]. ADVISING CLIENTS AFTER CRITICAL LEGAL STUDIES AND THE TORTURE MEMOS Milan Markovic* I. INTRODUCTION .................................................... 110 II. THE MODEL RULES, ENFORCEMENT, AND WHY LAWYERS OBEY .............. 114 A. The Underenforcement of ProfessionalResponsibility Rules 114 B. Compliance and Self-Interest ...................... 117 III. MODEL RULE 2.1 AND THE PROBLEM OF COMPLIANCE ....... ........ 119 IV. THE TORTURE MEMO CONTROVERSY AND RULE 2.1 ................ 124 A. Background ............................ ...... 125 B. The OPR Report ......................... ...... 128 1. The Investigation and OPR's Standards .... ...... 128 2. The OPR's Findings .................... ..... 130 C. The Margolis Memo ....................... ..... 132 1. Standards Applied .................. ........ 133 2. Application to Yoo..... ..................... 135 V. THE MARGOLIS MEMO's FLAWED ACCOUNT ................ ...... 137 A. Reliance on Indeterminacy ..............................137 B. Does Margolis's Account of Rule 2.1 Follow from the Ethical Rules?......................................139 C. Social Utility.............................. 141 VI. AN ALTERNATIVE VIEW OF RULE 2.1 ..............................
    [Show full text]
  • The Heterogeneous Impact of US Contestation of the Torture Norm
    Journal of Global Security Studies, 4(1), 2019, 105–122 doi: 10.1093/jogss/ogy036 Research Article Breaking the Ban? The Heterogeneous Impact Downloaded from https://academic.oup.com/jogss/article-abstract/4/1/105/5347914 by Harvard Library user on 28 February 2019 of US Contestation of the Torture Norm Averell Schmidt and Kathryn Sikkink Harvard Kennedy School Abstract Following the attacks of 9/11, the United States adopted a policy of torturing suspected terrorists and reinterpreted its legal obligations so that it could argue that this policy was lawful. This article in- vestigates the impact of these actions by the United States on the global norm against torture. After conceptualizing how the United States contested the norm against torture, the article explores how US actions impacted the norm across four dimensions of robustness: concordance with the norm, third-party reactions to norm violations, compliance, and implementation. This analysis reveals a het- erogeneous impact of US contestation: while US policies did not impact global human rights trends, it did shape the behavior of states that aided and abetted US torture policies, especially those lacking strong domestic legal structures. The article sheds light on the circumstances under which powerful states can shape the robustness of global norms. Keywords: norms, contestation, human rights, torture, United States Introduction members of Congress, and important parts of the US na- tional security establishment have pushed back against Following the attacks of 9/11, the United States contested these developments, and the Trump administration has the norm prohibiting the use of torture by adopting a yet to implement any torture policies, all of this evidence policy of torturing suspected terrorists and reinterpreting indicates that many Americans no longer believe that tor- its legal obligations so that it could argue that this pol- ture is taboo (Allard et.
    [Show full text]
  • Bush Administration's Torture Memos
    Lawyers’ Statement on Bush Administration’s Torture Memos TO: President George W. Bush Vice President Richard B. Cheney Secretary of Defense Donald Rumsfeld Attorney General John Ashcroft Members of Congress his is a statement on the memoranda, prepared by the White House, Department of Justice, and Department of T Defense, concerning the war powers of the President, torture, the Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949, and related matters. The Administration’s memoranda, dated January 9, 2002, January 25, 2002, August 1, 2002 and April 4, 2003, ignore and misinterpret the U.S. Constitution and laws, interna- tional treaties and rules of international law. The lawyers who approved and signed these memoranda have not met their high obligation to defend the Constitution. Americans have faith that our government respects the ᮣ Assert the permissibility of the use of mind-alter- Constitution, the Bill of Rights, laws passed by Congress, ing drugs that do not “disrupt profoundly the and treaties which the United States has signed. We have sense of personality.” According to the memoran- always looked to lawyers to protect these rights. Yet, the dum: “By requiring that the procedures and the most senior lawyers in the Department of Justice, the drugs create a profound disruption, the statute White House, the Department of Defense, and the Vice requires more than that the acts ‘forcibly separate’ President’s office have sought to justify actions that violate or ‘rend’ the senses or personality. Those acts the most basic rights of all human beings. must penetrate to the core of an individual’s abil- ity to perceive the world around him, The memoranda prepared and approved by these lawyers: substantially interfering with his cognitive abili- ties, or fundamentally alter his personality.” (DOJ ᮣ Claim a power for the President as Commander- memo, August 1, 2002).
    [Show full text]
  • The Taint of Torture: the Roles of Law and Policy in Our Descent to the Dark Side
    Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2012 The Taint of Torture: The Roles of Law and Policy in Our Descent to the Dark Side David Cole Georgetown University Law Center, [email protected] Georgetown Public Law and Legal Theory Research Paper No. 12-054 This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/908 http://ssrn.com/abstract=2040866 49 Hous. L. Rev. 53-69 (2012) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Human Rights Law Commons, Military, War, and Peace Commons, and the National Security Law Commons Do Not Delete 4/8/2012 2:44 AM ARTICLE THE TAINT OF TORTURE: THE ROLES OF LAW AND POLICY IN OUR DESCENT TO THE DARK SIDE David Cole* TABLE OF CONTENTS I. INTRODUCTION ........................................................................ 53 II.TORTURE AND CRUELTY: A MATTER OF LAW OR POLICY? ....... 55 III.ACCOUNTABILITY AND LEGAL VIOLATIONS ............................. 62 IV.THE LAW AND POLICY OF DETENTION AND TARGETING.......... 64 I. INTRODUCTION Philip Zelikow has provided a fascinating account of how officials in the U.S. government during the “War on Terror” authorized torture and cruel treatment of human beings whom they labeled “high value al Qaeda detainee[s],” “enemy combatants,” or “the worst of the worst.”1 Professor Zelikow * Professor, Georgetown Law. 1. Philip Zelikow, Codes of Conduct for a Twilight War, 49 HOUS. L. REV. 1, 22–24 (2012) (providing an in-depth analysis of the decisions made by the Bush Administration in implementing interrogation policies and practices in the period immediately following September 11, 2001); see Military Commissions Act of 2006, Pub.
    [Show full text]
  • The Impact of Executive Branch Secrecy on The
    THE IMPACT OF EXECUTIVE BRANCH SECRECY ON THE UNITED STATES’ COMPLIANCE WITH THE CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT Shadow Report Prepared for the 53rd Session of the United Nations Committee Against Torture in Connection with its Review of the United States Submitted by OpenTheGovernment.org October 17, 2014 I. Reporting Organizations OpenTheGovernment.org, a project of the Fund for Constitutional Government, is a coalition of 94 non-profit organizations dedicated to promoting transparency and opposing excessive secrecy in the United States government. Our coalition crosses party and ideological lines, and includes good-government groups, library and journalism associations, consumer advocates, labor, environmentalists, human rights and civil liberties groups, and other organizations that believe openness is essential to democratic accountability. II. Executive Summary When the United States last appeared before the Committee Against Torture, it was operating secret prisons where the CIA subjected terrorism suspects to enforced disappearance, torture, and cruel, inhuman and degrading treatment. President Barack Obama closed those prisons, ended that program, and banned the CIA’s use of so-called “enhanced interrogation techniques.” But the Obama administration has allowed the CIA, and to a lesser extent the military, to conceal information about its treatment of terrorism suspects on national security grounds. This policy of official secrecy about torture and cruelty prevents candid
    [Show full text]
  • Download the Full Report
    H U M A N R I G H T S NO MORE EXCUSES WATCH A Roadmap to Justice for CIA Torture No More Excuses A Roadmap to Justice for CIA Torture Copyright © 2015 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 978-1-62313-2996 Cover design by Rafael Jimenez Human Rights Watch is dedicated to protecting the human rights of people around the world. We stand with victims and activists to prevent discrimination, to uphold political freedom, to protect people from inhumane conduct in wartime, and to bring offenders to justice. We investigate and expose human rights violations and hold abusers accountable. We challenge governments and those who hold power to end abusive practices and respect international human rights law. We enlist the public and the international community to support the cause of human rights for all. Human Rights Watch is an international organization with staff in more than 40 countries, and offices in Amsterdam, Beirut, Berlin, Brussels, Chicago, Geneva, Goma, Johannesburg, London, Los Angeles, Moscow, Nairobi, New York, Paris, San Francisco, Tokyo, Toronto, Tunis, Washington DC, and Zurich. For more information, please visit our website: http://www.hrw.org DECEMBER 2015 ISBN: 978-1-62313-2996 No More Excuses A Roadmap to Justice for CIA Torture Summary ........................................................................................................................................ 1 Methodology .................................................................................................................................
    [Show full text]
  • Outlawed: Extraordinary Rendition, Torture and Disappearances in the War on Terror
    Companion Curriculum OUTLAWED: Extraordinary Rendition, Torture and Disappearances in the War on Terror In Plain Sight: Volume 6 A WITNESS and Amnesty International Partnership www.witness.org www.amnestyusa.org Table of Contents 2 Table of Contents How to Use This Guide HRE 201: UN Convention against Torture Lesson One: The Torture Question Handout 1.1: Draw the Line Handout 1.2: A Tortured Debate - Part 1 Handout 1.3: A Tortured Debate - Part 2 Lesson Two: Outsourcing Torture? An Introduction to Extraordinary Rendition Resource 2.1: Introduction to Extraordinary Rendition Resource 2.2: Case Studies Resource 2.3: Movie Discussion Guide Resource 2.4: Introduction to Habeas Corpus Resource 2.5: Introduction to the Geneva Conventions Handout 2.6: Court of Human Rights Activity Lesson Three: Above the Law? Limits of Executive Authority Handout 3.1: Checks and Balances Timeline Handout 3.2: Checks and Balances Resource 3.3: Checks and Balances Discussion Questions Glossary Resources How to Use This Guide 3 How to Use This Guide The companion guide for Outlawed: Extraordinary Rendition, Torture, and Disappearances in the War on Terror provides activities and lessons that will engage learners in a discussion about issues which may seem difficult and complex, such as federal and international standards regarding treatment of prisoners and how the extraordinary rendition program impacts America’s success in the war on terror. Lesson One introduces students to the topic of torture in an age appropriate manner, Lesson Two provides background information and activities about extraordinary rendition, and Lesson Three examines the limits of executive authority and the issue of accountability.
    [Show full text]
  • Teaching the Torture Memos: “Making Decisions Under Conditions of Uncertainty”1
    81 Teaching the Torture Memos: “Making Decisions under Conditions of Uncertainty”1 Clare Keefe Coleman Whether we like it or not schooling is a moral enterprise. Values issues abound in the content and process of teaching.2 I. Introduction Eleven years ago, on September 11, 2001, attorney John Yoo turned on the television in his office and saw a hijacked plane hit the South Tower of the World Trade Center in lower Manhattan.3 At the time of the attacks, Yoo was a newly appointed deputy assistant attorney general in the Office of Legal Clare Keefe Coleman is Assistant Teaching Professor of Law, Earle Mack School of Law at Drexel University. Thanks to Carl T. Bogus, Chapin Cimino, Liz Foster, Alex Geisinger, Brendan Keefe, Amy Montemarano, Terry Seligmann, and the Legal Research Center staff for help with earlier drafts. I received much support along the way from Philip E. Coleman, Helen Foster, Matthew Foster, and Kara W. Swanson, and a supportive push at the end from Eliezer Katz. Much thanks, finally, to the members of the 2009–10 Legal Methods I, section 02B class—engaged and enthusiastic guinea pigs all. 1. William M. Sullivan, Anne Colby, Judith W. Wegner, Lloyd Bond & Lee S. Shulman, Educating Lawyers: Preparation for the Profession of Law 22 (Jossey-Bass 2007) [hereinafter The Carnegie Report]. 2. Lawrence Kohlberg & Richard H. Hersh, Moral Development: A Review of the Theory, 16 Theory Into Practice, Apr. 1977, at 53, 53. 3. John Yoo, War By Other Means: An Insider’s Account of the War on Terror 1 (Atlantic Monthly Press 2006) [hereinafter Yoo, War By Other Means].
    [Show full text]