Does the president of the United States have the right to order a detainee buried alive?
Oddly, this grotesque question was posed at a U.S. Congressional hearing last week. Even odder was the answer — from John Yoo, former deputy assistant attorney general in the Bush administration, now a law professor at the University of California.
“I don’t think that I’ve ever given the advice that the president could bury somebody alive,” Yoo told a judiciary subcommittee hearing into detainee interrogations.
Well, I guess that’s comforting to know. But it was striking to watch Yoo evade answering whether he considered there was any treatment so vicious and inhuman that it would be beyond the president’s power to inflict it on a detainee, in the interests of national defence.
Apparently there isn’t. In a public debate in 2005, Yoo was asked if he thought it would be lawful for the president to authorize crushing the testicles of a detainee’s child.
He did not answer NO.
Update:John Yoo: “I think it depends on why the President thinks he needs to do
that.”. Yoo also stated during the debate in Chicago, “I don’t think a treaty
can constrain the President as commander in chief.”
Update 3:Whiz...Your answer is well representative of the Reactionary Right: Attack the messenger with insults and Deny Everything. BTW:
"In dozens of top-secret talks and meetings in the White House, the most senior Bush administration officials discussed and approved specific details of how high-value al Qaeda suspects would be interrogated by the Central Intelligence Agency, sources tell ABC News.
The so-called Principals who participated in the meetings also approved the use of "combined" interrogation techniques -- using different techniques during interrogations, instead of using one method at a time -- on terrorist suspects who proved difficult to break, sources said."
http://abcnews.go.com/TheLaw/LawPolitics/story?id=...
Answers & Comments
Verified answer
I find it interesting that there are many here who just accept what Yoo said and Bush's actions to be totally normal and shouldn't be questioned.
You DO realize that these instances are true since it came up during Congress? The USA ORDERED our military/CIA to do these very things to people! Does that not bother you? It does me.
To answer the question, no it is not lawful to do these things that you cited. It is against international treaties and even against our own Constitution! To make ANY EXCUSES for such shows a sick disdain for human life.
During the meeting to decide the question of the Jews!
The words "Obviously the Hitler dose is not to be told!"
The point is that at the top the small details are not of importance, only the results!
http://www.youtube.com/watch?v=WRtNEzJPCSg
This is just an example, nothing more!
It probably is now.
Bush has trampled the US Constitution without consequence. I want him held accountable.
He didn't have to answer because it is an really stupid question with no possible application in the real world. Neither of these questions is worthy of an answer. By the way, the President does not "inflict treatment" on anyone. I am sure the image of the President of the US, torturing someone, digging a hole and putting them in it is comforting to you, but it is just a stupid concept.
Mr. Bin Laden was given permission from Imams ( those peace loving Muslim leaders) to kill some four hundred thousand American children. This is the enemy we face. We do not bury people alive, we do not smash the testicles of children, we do not seek permission for any of these nor do we EVER sanction the blatant murder of children.
WE ARE NOT COWARDS THAT KILL THOSE THAT DO NOT FIGHT ONLY PEACE LOVING MUSLIMS DO THAT!
Oh, for Pete's sake! Watch hour after hour of ANY U.S. Congressional hearing, and I promise you will NEVER hear a straight answer on ANYTHING. And you thought ot ask a question about it.
No, I don't think so.
However I do believe Jackson thinks he has the authority to cut BHO's n_tts off.
Obviously thats a "no-no"
Common sense applies to interrogation.
Well bust my buttons Richard! Yo sure got one on Bush!!
Yep, the barbarians rule the roost, for now