Christopher Edley, Jr. , Dean of the UC Berkeley School of Law, has published a thoughtful statement explaining why, much as he deplores the legal “advice” law professor John Yoo gave to President Bush, Yoo’s tenure at the law school is protected by principles of freedom of speech and academic freedom. Yoo infamously opined that President Bush had authority, notwithstaning statutes and treaties to the contrary, to authorize torture of terrorist suspects.
Here’s Edley’s statement:
While serving in the Department of Justice, Professor John Yoo wrote memoranda that officials used as the legal basis for policies concerning detention and interrogation techniques in our efforts to combat terrorism. Both the subject and his reasoning are controversial, leading the New York Times (editorial, April 4), the National Lawyers’ Guild, and hundreds of individuals from around the world to criticize or at least question Professor Yoo’s continuing employment at UC Berkeley School of Law. As dean, but speaking only for myself, I offer the following explanation, although with no expectation that it will be completely satisfying to anyone.