Barack Obama gives Richard Cordray a recess appointment to head the Consumer Financial Protection Bureau and discoverer of imaginary Constitutional do’s & dont’s John Yoo is all, “Hey! Not cool!“:
Some think me a zealous advocate of executive power, and often I am when it comes to national security issues. But I think President Obama has exceeded his powers by making a recess appointment for Richard Cordray (whom I respect and have no problems with as a nominee) to head the new Consumer Financial Protection Bureau. Any private party can challenge this nomination by refusing to obey any regulation issued by the agency as the act of an unconstitutional officer. As a result, this may be the first time that Richard Epstein and I get to represent someone in court together!
Yes, because I imagine there are many people (mob bosses, serial killers, pedophiles, Rachel Abrams) who would be very interested in being represented a man who is most memorable for this exchange:
This came out in response to a question in a December 1st debate in Chicago with Notre Dame professor and international human rights scholar Doug Cassel.
What is particularly chilling and revealing about this is that John Yoo was a key architect post-9/11 Bush Administration legal policy. As a deputy assistant to then-Attorney General John Ashcroft, John Yoo authored a number of legal memos arguing for unlimited presidential powers to order torture of captive suspects, and to declare war anytime, any where, and on anyone the President deemed a threat.
It has now come out Yoo also had a hand in providing legal reasoning for the President to conduct unauthorized wiretaps of U.S. citizens. Georgetown Law Professor David Cole wrote, “Few lawyers have had more influence on President Bush’s legal policies in the ‘war on terror’ than John Yoo.”
This part of the exchange during the debate with Doug Cassel, reveals the logic of Yoo’s theories, adopted by the Administration as bedrock principles, in the real world.
Cassel: If the President deems that he’s got to torture somebody, including by crushing the testicles of the person’s child, there is no law that can stop him?
Yoo: No treaty.
Cassel: Also no law by Congress. That is what you wrote in the August 2002 memo.
Yoo: I think it depends on why the President thinks he needs to do that.
Perhaps Richard Cordray will agree to only go after Muslim businesses; like crushing Hamid Jr.’s testicles with some vise grips because his dad’s falafel stand was a little skimpy with the hummus, in which case Yoo would probably be able to discover some hither-to unknown codicil attached to the back of the actual Constitution with a Post-It note that says, “Seriously, you guys. Use your best judgement. ;)”.





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Acutally, in Yoo World that Post-It says “Seriously, you guys. Use your best judgment when it comes to torturing Ay-rabs. When it comes to everything else, you better not add or change a word of this or thunder will descend from the skies, because we are supernatural beings who thought of absolutely everything that will ever come up in this country we’re creating, forever and ever. Except, like we said, when it comes to torturing Ay-rabs. The presznit can do whatever he wants about that. As long as he’s white, of course.”
Um, Mr Yoo-hoo, President Obama is a Constitutional Officer, being as how he is the President of the United States and, as you surely know, unless you are a cretin, anyone he appoints to a duly constituted office (and the Consumer Financial Protection Bureau is such) is a Constitutional Officer, not just those requiring advice and consent of the Senate. Otherwise the USG would quickly grind to a halt.
(Which folks like Yoo would like to see happen so long as it didn’t affect DOD and DHS.)
So, now Yoo, the architect/apologist for the Imperial President who can do anything at all (when he’s Republican) is encouraging “ordinary citizens” to defy regulations because the head of the agency was appointed by recess appointment?
My head is exploding. Why isn’t Yoo’s?
Marcy had some fun with Yoo too…
John Yoo Defends Senate’s Authority to Sit Around and Do Nothing…
John Yoo has one of those smirks…I’m trying to remember one of those hard-to-translate German expressions…what was it?
Ah! Thanks to the miracles of the innertubes: backpfeifengesicht, a face that cries out for a fist in it. However that’s pronounced, it refers to him.
In a just world, Yoo would be spending quality time at the Haage in a cell down the hall from Bush, Cheney, Rumsfield, Wolfiwicz and various other administration warmongers/war-profiteers, preparing for his capitol defense plea on his warcrimes. But, no, instead we get to hear him continue to advocate for criminal behavior….this time against the government. Maybe we can try him for treason instead?
Since Yoo-Hoo was so in favor of torture ‘n all, maybe he should try it on to see what it’s like??
I have my own quibbles with Obama, but whatever shit Yoo’s attempting to “sell”?? I’m not buying a bar of it. War criminal extrodinaire.
The rule is that anything a Republican President does is legal. The other rule is that no Democrat can legitimately hold the office of president, therefore nothing a Democratic President does is really legal.
That’s right! Folks keep saying there’s a double standard at the GOP, but it’s just a single standard: “Everything we do is right and our opponents are always wrong.” Everything else is just commentary.
I feel the same way about the recess appointment of John Bolton. Unfortunately, I never got Mr. Yoo’s article bitching about that appointment. Can anyone send it to me?
Yoo is a degenerate, as far as I am concerned.
Yoo are too kind. Just like any bleeding heart librul.
Yoo’s probably a Birther, too.
The nutty right-wing Birthers claim that President Obama being head of our country is illegitimate, while Yoo is claiming that Richard Cordray’s recess appointment to head the CFPB is illegitimate. Right-wing nuts sure are packed in tight.
Root root root for the home team.
It takes a village to massacre. Yes.
False Flag Ops. Yes.
John Yoo’s favorite, torturing children. Yes x 2
If you think Yoo is bad, you should hear Richard Posner’s son Eric defend Yoo. Eric was on the 3-hour Q&A on cspan a couple of months ago. A piece of human waste if there ever was one.
Here’s the full video. Can’t remember how far in I channel flipped and caught his defense of Yoo, and I’m so NOT going to listen to the full thing to find it.
Basically.
There are no words that can describe the disgust and revulsion I feel every time john yoo is thrust upon my consciousness. His reprehensible ideas are sub-human and the practicality should be practiced on him first.
Brilliantly stated.
Im thinking that the newly appointed Mr. Cordray may think of something of Yoo’s to go after….Only imagine, of course.
Cordray’s appointment is good, but what really impressed me was Obama’s thwarting the Republican efforts to destroy the NLRB.
So let me see if I have this straight….
You’re going to condemn Bush for “un-Constitutional actions, while supporting Obama’s un-Constitutional actions? Which part of hypocrisy do you people not understand?
Meanwhile back at the law, has anyone mentioned that Dodd-Frank has something to say about Cordray’s position?
http://volokh.com/2012/01/04/legality-of-cordray-appointment-under-dodd-frank/
Perhaps Mr. Yoo will encounter someone who will crush his nuts in a vise, and stream it live for the fun of it. “SAW 9/11″, if you will! One can hope.
For a Congress that is not in session, except by the usual Republican trickery. Gee shitter242, Which part of hypocrisy do you not understand?
“Any private party can challenge this nomination by refusing to obey any regulation issued by the agency as the act of an unconstitutional officer.”
This is right up there with “there is no income tax because ..” – an approach the courts with constant regularity toss after imposing fines and jail time.
But it is true that any person can defy any order and go to court – frivolous suits be damned.
There is a Gentleman’s agreement that if out of session less than 10 days, these pro-forma 30 sec. sessions would be honored – but that is a Gentleman’s agreement. When the Senate closed up shop on Tuesday (after conducting exactly 41 seconds worth of business), it adjourned only until Friday. That’s because the Republican-controlled House, using an obscure requirement in the Constitution in an effort to stymie Obama, refused to let it adjourn for more than three days. Although the Constitution doesn’t define what a “recess” is, presidents had not invoked their power to make recess appointments in recent decades unless Congress was on at least a 10-day break.I don’t see how the GOP have a leg to stand on. Courts rarely honor pretend – and the Court just about never sides with Congress over an administrative grab for power. Should be an interesting case.
Shooter 242′s comment references a “Treasury is authorized” to carry out the duties clause that does not say “Only the Sec. of Treasury and not the CFPB head is authorized until XYZ is done” – and the Court has always ruled that Congress must be explicit in any pull backs of power language in a bill that gives someone powers. Indeed the CATO concern is laughable given “the President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.” -Art. II, § 2, cl. 3.
Democratic presidents (Obama in particular) apparently believe this too. They don’t seem to believe it is legal to push for the priorities of their base.
Let us distinguish between message and message carrier. Disdain for war crime justifier Woo is correct, but it is also the case that Obama exceeds his authority with the Cordray appointment. What does the constitutional mandate for advice and consent of the Senate mean if he can do this? If Obama were not protector of the Wall Street criminals, he could rally the people by advocating senate approval for Cordray as someone who could help fix the problem. As if this could ever happen! This is one more violation of the constitution (Libya war, assassination of citizens) for which he should be impeached. Progressive forces will be unable to create FDR type economic solutions as long as this tool of the oligarchy continues as president.
The real question is why Chris Edley & Co. gave this idiot tenure. That wasn’t a recess appointment that was a leave of senses appointment.
I think that thing in your head that causes it to go boom is called a conscience. Since Yoo hasn’t got one, no exploding.
Heh: I was wondering if anyone had noticed that. The Dodd-Frank Act says that authorities under the Act remain with the Treasury Secretary until the Director is “confirmed by the Senate”.
Now, there is some argument about it: I’m afraid a case can be made for either side so there’s likely to be lots of wasted time and money (just what we need more of!).
Maybe the part where the Dems (including Senator Obama, I think) did the same thing to Bush?
Perhaps there’s part of hypocrisy you do not understand?