Torturing the Law II
Pejman Yousefzadeh does a superb job fleshing out the argument I was trying to make here.
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Comments
I think Von has a rather good takedown of this meme
In each case, contrary to Yousefzadeh, the memorandum is arguing -- sometimes tacitly, sometimes overtly -- that the client may take a particular action within the law. In each case, the memorandum indicates that the client has at least expressed an interest in taking. It is for these reasons that Yoo's and the other "torture" memorandum are so troubling.
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