Why it's legitimate to investigate the Bush lawyers
Lawyers are often asked to offer their views on complicated questions with significant real-world consequences, and the idea that offering the wrong answer could implicate an attorney in criminal wrongdoing is a frightening prospect to many in the profession. It is not surprising, therefore, that lawyers are reluctant to condemn fellow lawyers on the basis of the advice that they give.
But attorneys are hardly the only ones who must make difficult decisions in times of war. American soldiers, under the Uniform Code of Military Justice, are duty-bound to obey only lawful orders. Indeed, since the Nuremberg trials, it has been a fundamental precept of international law that soldiers must disobey orders to commit war crimes. If soldiers are supposed to differentiate between lawful and unlawful orders, why should lawyers, who are trained to know the law, have the privilege of never being held accountable if they advise unlawful conduct?
That stance seems especially unwarranted since lawyers can offer legal advice in such a way as to account for differing points of view when addressing controversial legal issues. In fact, lawyers are mandated to at least consider opposing points of view. They may, moreover, refer to moral and political considerations when advising clients, not purely legal ones. And yet John Yoo and other administration attorneys wrote one-sided arguments about crucial aspects of the coercive interrogation policy. It is perfectly legitimate to ask, given the controversial nature of their conclusions and the importance of their work, why they crafted their arguments in the way that they did.
