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Ex-Bush lawyer talks about torture memos 3/3/09
Q: You recently wrote an opinion piece for The Wall Street Journal criticizing President Obama for closing Guantanamo Bay.
YOO: He's really restricting what the CIA can do in the war on terrorism. That's my opinion. Now that I'm not in the government, part of my role, because I have a certain amount of expertise, is to try to keep the government honest....
Q: Do you have a different perspective as a private citizen?
YOO: The thing I am really struck with is that when you are in the government, you have very little time to make very important decisions. You don't have the luxury to research every single thing and that's accelerated in war time. You really have decisions to make, which you could spend years on. Sometimes what we forget as private citizens, or scholars, or students or journalists for sure (he laughs), is that in hindsight, it's easier to say, "Here's what I would have done." But when you're in the government, at the time you make the decision, you don't have that kind of luxury.
Q: Is there anything you would have done differently?
YOO: These memos I wrote were not for public consumption. They lack a certain polish, I think – would have been better to explain government policy rather than try to give unvarnished, straight-talk legal advice. I certainly would have done that differently, but I don't think I would have made the basic decisions differently.
Q: Is it normal practice to give just the straight opinion?
YOO: I think the job of a lawyer is to give a straight answer to a client. One thing I sometimes worry about is that lawyers in the future in the government are going to start worrying about, "What are people going to think of me?" Your client the president, or your client the justice on the Supreme Court, or your client this senator, needs to know what's legal and not legal. And sometimes, what's legal and not legal is not the same thing as what you can do or what you should do....
Q: The Department of Justice is looking into the legality of some of the memos you wrote. Is this a possible cost?
YOO: I wish they weren't doing it, but I understand why they are. It is something one would expect. You have to make these kinds of decisions in an unprecedented kind of war with legal questions we've never had to think about before. We didn't seek out those questions. 9/11 kind of thrust them on us. No matter what you do, there's going to be a lot of people who are upset with your decision. If Bush had done nothing, there would be a lot of people upset with his decision, too. I understood that while we were doing it, there were going to be people who were critical. I can't go farther into it, because it's still going on right now. I'm not trying to escape responsibility for my decisions. I have to wait and see what they say.
http://www.ocregister.com/articles/government-think-legal-2323245-people-decisions
