In a classic instance of moral cowardice we have now come to expect from everyone from the Speaker of the House to Senator Patrick Leahy Christopher Edley, Dean of the Boalt School of Law at Cal Berkeley has taken to the internets under the headline: The Torture Memos and Academic Freedom where explains that he can’t fire John Yoo.
The hell he cannot as one of our pals at Caltics points out:
Assuming one believes as I do that Professor Yoo offered bad ideas and even worse advice during his government service, that judgment alone would not warrant dismissal or even a potentially chilling inquiry. As a legal matter, the test here is the relevant excerpt from the "General University Policy Regarding Academic Appointees," adopted for the 10-campus University of California by both the system-wide Academic Senate and the Board of Regents:
Types of unacceptable conduct: … Commission of a criminal act which has led to conviction in a court of law and which clearly demonstrates unfitness to continue as a member of the faculty. [Academic Personnel Manual sec. 015]
This very restrictive standard is binding on me as dean, but I will put aside that shield and state my independent and personal view of the matter. I believe the crucial questions in view of our university mission are these: Was there clear professional misconduct-that is, some breach of the professional ethics applicable to a government attorney-material to Professor Yoo’s academic position? Did the writing of the memoranda, and his related conduct, violate a criminal or comparable statute?
I may not be a Law School Dean, but I do have google and read the Academic Personal Manual (PDF). If you scroll up from the section Edley cites, you’ll read, "the following general principle is intended to govern all instances of its application:
University discipline under this Code may be imposed on a faculty member only for conduct which is not justified by the ethical principles and which significantly impairs the University’s central functions as set forth in the Preamble. To the extent that violations of University policies mentioned in the examples below are not also inconsistent with the ethical principles, these policy violations may not be independent grounds for imposing discipline as defined herein. The Types of Unacceptable Conduct listed below in Sections A through E are examples of types of conduct which meet the preceding standards and hence are presumptively subject to University discipline. Other types of serious misconduct, not specifically enumerated herein, may nonetheless be the basis for disciplinary action if they also meet the preceding standards. [emphasis mine]
And check the links in the comments. Apparently the Germans are considering war crime indictments agains him and others are also on the march.
But the big news is this, apparently the vile littled scumbag Yoo will be appearing in public at at an event charmingly called:
At the Bancroft Hotel in Berkeley. I’ve registered as you can do so also by cliking thru the link.
I’ll be there to tell the criminal Yoo what he is.
Will you join me?