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Christopher Edley <edley@law.berkeley.edu> [Fwd: Re: John Yoos Return to Boalt Monday, August 17 August 15, 2009 10:12:43 AM PDT All-Boalt@law.berkeley.edu

Colleagues -- FYI, below is the announcement of a protest this Monday, 8/17, concerning Professor John Yoo. I plan to attend and, if permitted, explain why I believe principles of academic freedom are applicable. I believe the University should not take any steps along the lines demanded by the protesters, because no law enforcement or even bar proceedings have been initiated, much less completed. Furthermore, UC faculty and administrators are not competent to act on their own to discover the facts at issue or make informed , formal judgments about the ultimate policy and legal claims.
-------- Original Message -------- Subject:Re: John Yoos Return to Boalt Monday, August 17 Date:Sat, 15 Aug 2009 08:41:06 -0700 (PDT) From:World Can't Wait - SF Bay <sfbwcw@yahoo.com> To:eclarke@law.berkeley.edu, rcole@law.berkeley.edu, jcoons@law.berkeley.edu, rcooter@law.berkeley.edu, mdancohen@law.berkeley.edu, hdoremus@law.berkeley.edu, jdwyer@law.berkeley.edu, mechaveste@law.berkeley.edu, ledelman@law.berkeley.edu, edley@law.berkeley.edu
To the UC Berkeley Law Faculty and Staff:

You are invited to a press conference and demonstration protesting the return of John Yoo to the UC Berkeley Law classroom, on Monday afternoon, August 17, on the Boalt Hall steps.

1:30 PM: Press Conference: Prominent speakers will explain why John Yoo must be fired, disbarred, and prosecuted. 2:30 PM: A public nonviolent protest, calling for John Yoo to be fired, disbarred, and prosecuted for war crimes

This event is sponsored by World Cant Wait, Fire John Yoo!, Progressive Democrats of America, National Lawyers

Guild SF Bay Area chapter, Meiklejohn Civil Liberties Institute, Psychologists for an Ethical APA, Code Pink, and other human rights and legal community people.

John Yoos name is no longer attached only to the war crime of torture. Yoo devoted his legal skills to serving as legal architect of many of the Bush regimes other crimes on top of the torture: massive warrantless surveillance, unlawful and indefinite detention, and war. As a direct result of Yoos legal memos thousands have been subjected to torture, tens of thousands incarcerated, tens of millions spied upon, and a million plus have died in U.S. imperialist wars. Without the provision of legal cover, many of these crimes would not have been possible.

Dean Christopher Edley has defended Yoos position on the Boalt faculty because Yoo only advised the Bush/Cheney regime and did not himself order or carry out the torture. Apparently Dean Edley ignores the precedent set by the Nuremberg trials, especially U.S. v. Altstoetter in which judges, prosecutors, and German Ministry of Justice officials who had served the Nazi regime were charged, tried, and convicted of war crimes because their legal work enabled the Nazis to carry out the Holocaust under color of law.

John Yoo must not be allowed to teach or serve as role model to the next generation of lawyers and judges. A lawyer whose advice enabled the White House, the CIA and the U.S. military to commit torture and other crimes is not protected by freedom of speech. A university which allows a war criminal to teach constitutional law and ethics courses to the next generation of lawyers and judges is not protecting academic freedom it is protecting war crimes.

Protest organizers welcome your participation whether you wish to speak out with us on Monday, to discuss these issues with your own students and colleagues, or to make clear to Dean Edley your concern over Yoos continued employment at Boalt. Whether we are UC faculty or students, community members, or any other people of conscience living in this country, the torture and other crimes have happened before the eyes of the world and unless and until they are repudiated and their perpetrators brought to justice, these crimes will stand as permissible, legal and permanent. To be silent about the crimes is to be complicit. John Yoo says torture is necessary and acceptable. What do you say?

For more information and/or to contact us, email sf@worldcantwait.org or call 415-864-5153.

-- Christopher Edley, Jr. Dean and Orrick Professor of Law Boalt Hall, U.C. Berkeley

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