where the writers are
Torture, Joe Darby, and John Yoo

 I did research on Abu Graib and discovered Joe Darby, the whistleblower, who gave the photos to the military police to expose what was going on at Abu Graib. The army promised Joe Darby  to keep his identity secret because Darby was afraid of being attacked for exposing torture. The military promised to keep his name secret but then Donald Rumsfield on international TV outed Joe Darby.

Joe Darby  and I have one thing in common:  we were both born in Western Pennsylvania. Darby is from a small town and imediately hordes of TV  crews were on his wife's lawn. The town has many sons in the military and many are pro-military, so death threats were made about Darby to Darby's wife who fled to her sister's. More death threats were made about Darby to his family. Joe Darby was still in Iraq asking the army to send him home. The army flew him home to be reunited with his wife, but said it was too dangerous for him to be live in his hometown, so relocated him to a new town and gave him bodyguards. Darby has been effecively punished by years of banishment.

I'm an alumna of UC Berkeley, and John Yoo, the lawyer who  wrote torture memos when in Bush's employ showing how the U.S. government could ignore its own laws banning torture, still has a tenured job at UC Berkeley Law School. In March 2009 UC Berkeley Law School Dean Edley wrote an opinion/editorial piece saying that Yoo's tenured job was safe. At Nuremburg War Crimes Trials Nazi lawyers who wrote justifications for the Nazis were indicted and convicted but Yoo continues to teach at the Berkeley Law School. The Nuremburg trials and convictions of the Nazi lawyers established a clear precedent that a lawyer commits a crime by writing legal opinions that enable crimes against humanity.  The UC Berkeley dean doesn't fire Yoo while Joe Darby gets punished in his own country.

When citizens criticized Mr. Yoo's teaching at UC Berkeley, the law school dean said Mr. Yoo had "free speech rights" and "academic freedom" so he was protected from being fired. This argument is bogus. Free speech rights for an academic means that academic can make statements as a citizen which are unpopular and not be fired for them or publish his/her opinions in academic articles free of retaliation. Mr. Yoo didn't make his statements as a private citizen or publish them in articles. Mr. Yoo was an employee in the Bush government and wrote memos advocating how the government can break its own laws forbidding torture and how the U.S. government doesn't accept the jurisdiction for the International Court of Justice so that no U.S. government official who enabled torture can be tried for their crimes in that court. Mr. Yoo's legal memos became U.S. government policy.

The UC Berkeley Academic Senate has been asked by students, alumni, and others to debate Mr. Yoo's actions. Yes, the Academic Senate should have such a debate. Professors at UC Berkeley--including tenured professors--are supposed to follow professional ethics  which Mr. Yoo disregarded with his torture memos. The Academic Senate can bring proceedings against a professor for failing to following professional ethics. Mr. Yoo should be indicted for his actions  by a U.S. court and stand trial in this country and should also be fired from UC Berkeley Law School.  Mr. Darby should be allowed to go home to live peacefully in his home in Western Pennyslvania.

Comments
5 Comment count
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Julia, did Rumsfeld out

Julia, did Rumsfeld out Darby on purpose, to retaliate and to send a message to any other prospective whistle blowers?

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Re: Joe Darby

Ellen,

I don't know why Rumsfield outed Darby, but he did it on international TV.

Julia

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You would think someone with

You would think someone with a high security clearance would understand that outing Darby could get him killed.

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Bush adm outings part if their tribal behavior

Joe wilson's wife was illegally outed by the Bush adm. and the action was not punished. Rumsfield doesn't know right from wrong but I bet he knew that the president and vice president would stand by his decision to put Darby and family in mortal danger. Remaining within the tribal constraints was/is the priority if one wanted to survive and keep some power.

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re; Bush Administration not punishing anything

March 9, 2009, LA Times said, "Legal experts said Tuesday that they were taken aback by the claim in the latest batch of secret Bush-era memos that the president alone had the power to set the rules during the war on terrorism.

Yale law professor Jack Balkin called this a "theory of presidential dictatorship. They say the battlefield is everywhere. And the president can do anything he wants, so long as it involves the military and the enemy."

The LA Times said that John Yoo wrote most of the memos saying that President Bush had sole power during wartime, a power that shouldn't be limited by Congress.

So if President Bush and his men felt they had had such huge powers, it seems logical that Bush administration people felt that it was legitimate for them to out Joe Wilson's wife.

The Constitution, however, does give the Congress important powers during wartime, so Yoo's memos were contrary to the Constitution.