War by Other Means: An Insider's Account of the War on Terror

As a former assistant attorney general for the Justice Department's Office of Legal Counsel, Yoo was in the center of the debate over where President Bush's administration draws the line on the torture of detained terrorism suspects. He revisits that and other controversies in the war on terror, from NSA wiretapping to the legal status of "enemy combatants." His response to most criticisms is that al-Qaeda is a new kind of enemy, and the old ways of thinking (e.g., the Geneva Conventions) prevent us from stopping another terrorist strike. The cornerstone of Yoo's argument is his belief that as commander-in-chief, the president has broad powers "to act forcefully and independently to repel serious threats to the nation." Even the formal declaration of war by Congress has become archaic; Yoo argues that America is at war whenever the president decides the military can "do what must be done." Thus, the Supreme Court's June decision rendering the prosecution of Guantánamo detainees by military commissions unconstitutional is, in Yoo's eyes, "a dangerous judicial intention to intervene in wartime policy" that forces the president and Congress to waste time crafting legislation when we could be out fighting terrorists. Unambiguous and combative, Yoo's philosophy is sure to spark further debate. (Oct.)