In a letter to Chairman John Conyers (D-MI), Yoo’s lawyer john Millian said that he is merely following the directions of the White House on the question:
We have been expressly advised by the Office of Legal Counsel of the United States Department of Justice that Professor Yoo is not authorized to discuss before your Committee any specific deliberative communications, including the substance of comments on opinions or policy questions, or the confidential predecisional advice, recommendations or other positions taken by individuals or entities of the Executive Branch
The problem with a confrontation over such testimony is the refusal of the democrats in both houses to pursue the torture program as an investigation in criminal acts by the Administration. The President’s authority and privilege does not extend to the commission of crimes — despite the suggestions of the prior torture memos. As such, it is hard to maintain a refusal to share any information in an oversight investigation into such crimes. Congress has tried to play it both ways: investigating torture, but not calling it a crime. Click here.
Once again, the problem
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