If you believe in the mundane law over the divine law, then the following is the best you'll find. If you believe in the divine law, John Yoo and the neocons are still wrong.

"The Conservative Movement: From Failure to Threat," by Paul Craig Roberts. Snuffy Smiths Blog. May 18, 2008.

U.C. Berkeley tenured law professor John Yoo epitomizes the failure of the conservative movement in America. Known as "the torture professor," Yoo penned the Department of Justice (sic) memos that gave a blank check to sadistic Americans to torture detainees at Guantanamo and Abu Ghraib. The human rights violations that John Yoo sanctioned destroyed America's reputation and exposed the Bush regime as more inhumane than the Muslim terrorists. The acts that Yoo justified are felonies under U.S. law and war crimes under the Nuremberg standard.

Yoo's torture memos are so devoid of legal basis that his close friend and fellow conservative member of the Federalist Society, Jack Goldsmith, rescinded the memos when he was appointed head of the Justice Department's Office of Legal Counsel.

Yoo's extremely shoddy legal work and the fervor with which he served the evil intentions of the Bush regime have led to calls from distinguished legal scholars for Yoo's dismissal from Berkeley's Boalt Hall.

I sympathize with the calls for Yoo's dismissal. In the new edition of The Tyranny of Good Intentions, my coauthor and I write: "Liberty has no future in America if law schools provide legitimacy to those who would subvert the U.S. Constitution."

However, John Yoo is but the tip of the iceberg. Scapegoating Yoo diverts attention from a neoconservative movement that has become the greatest enemy of the U.S. Constitution.

In theory, conservatives adore the Constitution and seek to protect it with appeals to "original intent." In practice, conservatives hate the Constitution as the protector of homosexuals and abortionists. Conservatives regard civil liberties as coddling devices for criminals and terrorists. They see the First Amendment as a foolish protection for sedition. The neoconservative magazine Commentary has called for the New York Times to be prosecuted for informing Americans that President Bush was illegally spying on them without warrants.

The conservative assault on the U.S. Constitution is deeply entrenched. The Federalist Society, an organization of Republican attorneys from which the Republican Party chooses its Justice Department appointees and nominees to the federal bench, was organized as an assault on the checks and balances in the Constitution.

The battle cry of the Federalist Society is "energy in the executive." The society has its origin in Republican frustrations from the days when Republicans had a "lock on the presidency," but had their agenda blocked by a Democratic Congress. The Federalist Society set about producing rationales for elevating the powers of the executive in order to evade the checks and balances the Founding Fathers wrote into the political system.

With the Bush regime we have seen President Nixon's claim that "it's not illegal if the president does it" carried to new heights. With the complicity of Democrats, Bush and Cheney have appointed attorneys general who have elevated the presidency above the law.

Just as liberals used judicial activism in the federal courts to achieve their agenda, the conservatives are using the Department of Justice to concentrate power in the executive branch in order to achieve their agenda. In America the Constitution has no friends. It is always in the way of one agenda or the other and, thus, always under threat.

For now, however, the threat is from the Right. Conservatives have confused loyalty to country, which is loyalty to the Constitution, with loyalty to the Bush regime. It is purely a partisan loyalty based in emotion – "you are with us or against us."

When I was a young man, conservatives were frustrated that facts, reason, and analysis could not penetrate liberal emotions. Today facts, reason, and analysis cannot penetrate conservative emotions. When I write a factual column describing how we have been deceived into wars that are clearly not in our interest, self-described conservatives indignantly write to me: "If you hate America so much, why don't you move to Cuba!" Conservatives have become so intellectually pathetic that they regard my defense of civil liberties as an anti-American act.

Today's conservatives are so poorly informed that they cannot understand that to lose the Constitution is to lose the country.

John Yoo was a willing accomplice to inhumane and illegal acts. But his greatest crime is that he was a willing participant in the Bush regime's assault on the Constitution, which protects us all. If Yoo is to be held accountable, what about George W. Bush; Dick Cheney and his aides; attorneys general Gonzales and Mukasey; Yoo's Justice Department boss, now federal judge Bybee; Rumsfeld; Rice; Hadley; and the legion of neocon brownshirts that comprise the regime's subcabinet? Is Yoo any more culpable than anyone else who served the corrupt, evil, and anti-American Bush regime?

The ease with which the Bush regime has run roughshod over the law and Constitution indicates that the brownshirt mentality to which many Americans have succumbed has sufficient attractive power to cause a professor from one of the country's great liberal institutions to serve the cause of tyranny. The conservative movement has produced a cadre of brownshirts that might yet succeed in destroying the American Constitution.


The following should appear at the end of every post:

According to the IRS, "Know the law: Avoid political campaign intervention":

Tax-exempt section 501(c)(3) organizations like churches, universities, and hospitals must follow the law regarding political campaigns. Unfortunately, some don't know the law.

Under the Internal Revenue Code, all section 501(c)(3) organizations are prohibited from participating in any political campaign on behalf of (or in opposition to) any candidate for elective public office. The prohibition applies to campaigns at the federal, state and local level.

Violation of this prohibition may result in denial or revocation of tax-exempt status and the imposition of certain excise taxes. Section 501(c)(3) private foundations are subject to additional restrictions.

Political Campaign Intervention

Political campaign intervention includes any activities that favor or oppose one or more candidates for public office. The prohibition extends beyond candidate endorsements.

Contributions to political campaign funds, public statements of support or opposition (verbal or written) made by or on behalf of an organization, and the distribution of materials prepared by others that support or oppose any candidate for public office all violate the prohibition on political campaign intervention.

Factors in determining whether a communication results in political campaign intervention include the following:

  • Whether the statement identifies one or more candidates for a given public office
  • Whether the statement expresses approval or disapproval of one or more candidates' positions and/or actions
  • Whether the statement is delivered close in time to the election
  • Whether the statement makes reference to voting or an election
  • Whether the issue addressed distinguishes candidates for a given office

Many religious organizations believe, as we do, that the above constitutes a violation of the First Amendment of the US Constitution.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

That said, we make the following absolutely clear here:

  • The Real Liberal Christian Church and Christian Commons Project not only do not endorse any candidate for any secular office, we say that Christianity forbids voting in such elections.
  • Furthermore, when we discuss any public-office holder's position, policy, action or inaction, we definitely are not encouraging anyone to vote for that office holder's position.
  • We are not trying to influence secular elections but rather want people to come out from that entire fallen system.
  • When we analyze or discuss what is termed "public policy," we do it entirely from a theological standpoint with an eye to educating professing Christians and those to whom we are openly always proselytizing to convert to authentic Christianity.
  • It is impossible for us to fully evangelize and proselytize without directly discussing the pros and cons of public policy and the positions of secular-office holders, hence the unconstitutionality of the IRS code on the matter.
  • We are not rich and wouldn't be looking for a fight regardless. What we cannot do is compromise our faith (which seeks to harm nobody, quite the contrary).
  • We render unto Caesar what is Caesar's. We render unto God what is God's.
  • When Caesar says to us that unless we shut up about the unrighteousness of Caesar's policies and practices, we will lose the ability of people who donate to us to declare their donations as deductions on their federal and state income-tax returns, we say to Caesar that we cannot shut up while exercising our religion in a very reasonable way.
  • We consider the IRS code on this matter as deliberate economic duress (a form of coercion) and a direct attempt by the federal government to censor dissenting, free political and religious speech.
  • It's not freedom of religion if they tax it.

And when they were come to Capernaum, they that received tribute money came to Peter, and said, Doth not your master pay tribute? He saith, Yes. And when he was come into the house, Jesus prevented him, saying, What thinkest thou, Simon? of whom do the kings of the earth take custom or tribute? of their own children, or of strangers? Peter saith unto him, Of strangers. Jesus saith unto him, Then are the children free. (Matthew 17:24-26)

  • Subscribe

  • Tom Usher

    About Tom Usher

    Employment: 2008 - present, website developer and writer. 2015 - present, insurance broker. Education: Arizona State University, Bachelor of Science in Political Science. City University of Seattle, graduate studies in Public Administration. Volunteerism: 2007 - present, president of the Real Liberal Christian Church and Christian Commons Project.
    This entry was posted in Uncategorized. Bookmark the permalink.