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Yoo's Law

by: David Dayen

Sat Apr 05, 2008 at 11:47:16 AM PDT


State Senator Mark Ridley-Thomas is forcing a vote on a bill that ought to be named after a certain Berkeley professor:

The California Senate is preparing to weigh in on the hot-button topic of torture, with a twist that combines elements of the Hippocratic oath and the military oath.

Under a resolution that state Sen. Mark Ridley-Thomas plans to put to a vote Thursday, California regulators would notify physicians and other health professionals that they could lose their license and be prosecuted by the state if they are involved in the torture of suspected terrorists [...]

During a committee hearing in January, Ridley-Thomas said there is evidence that physicians, psychologists and nurses licensed by the state "have participated in torture or its coverup against detainees in U.S. custody."

He cited "confirmed reports from the International Red Cross, New England Journal of Medicine, military records and first-person accounts."

"California has the obligation, I believe, to notify its licensees of laws pertaining to torture that may result in prosecution," Ridley-Thomas said.

The senator said physicians have reportedly advised interrogators whether prisoners were fit enough to survive "physical maltreatment, informed interrogators about prisoners' phobias and other psychological vulnerabilities that could be exploited."

Invoking the Hippocratic oath that physicians traditionally take, he said the state can "withdraw its consent to torture by demanding that its health professionals remember their oath to first do no harm."

This is extremely small-bore, but if the federal government is abusing detainees, the states ought to be able to step in and inform their own residents of the Constitutional and international treaty obligations citizens are required to uphold.  

California Republicans will have a choice to make.  There is substantial evidence in the public record of health professionals aiding and abetting in the practices at Abu Ghraib and Guantanamo.  For each Yacht Party member, they must understand that their vote could either sanction these abuses, or affirmatively state that some parts of the United States still follow the rule of law.

I can only applaud Sen. Ridley-Thomas for this courageous proposal, which hopefully will spark a movement of revolt amongst state legislatures.  This Administration is lawless and reckless, and diminishing what credibility we have left globally with each passing day.  California can stand up, and steadfastly shout "We do not agree; we do not consent."

David Dayen :: Yoo's Law
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Yoo's Law | 7 comments
Good for him (0.00 / 0)
Now if only Congress would follow suit.

My Blog, The Watchtower

I"d really like to congratulate these folks on doing.... (0.00 / 0)
......essentially nothing while the war criminal Yoo continues to be fully tenured, paid employee of the University of California.

From looseheadprop's @ FDL post beginning an analysis of the Yoo 'torture memo' it would seem that there ought to be grounds for disbarment on the grounds of competency alone.

The legislature should refrain from doing 'feel good stuff..' and get to work on getting rid of the execrable Yoo.


no argument here (0.00 / 0)
I've been writing about that for a while and continued anew this week, and got a whole lot of comments about academic freedom and allowing for a variety of diverse viewpoints.  To which I say, I'm sure Charlie Manson had a lot of interesting views too, it doesn't mean I should give him or any other criminal tenure."  I don't think it's the job of the legislature to facilitate that at all, however.

And this is substantially more than feel-good, in my view, it actually could lead to investigations at the state level should they go that far with it.  I mean, absolutely no one is doing a thing at the federal level and it's kind of their job.


[ Parent ]
but (0.00 / 0)
The legislature can't disbar people, and shouldn't take direct action in personnel matters at the University of California.  I'm not saying he should stay (quite the contrary, I want him gone) but we should allow the University to preserve the integrity of it's process.  

[ Parent ]
Kind of a Death and the Maiden wake up call (0.00 / 0)
Just as professional soldiers should have had nothing to do with prisoner mistreatment, much less torture, the same for doctors.  No, it doesn't redress Yoo's repulsive tenure, but it does reiterate basic standards for doctors.  And that's necessary, sadly enough.

Yoo will get his.  The international law community has a long memory.  Philippe Sands won't forget.

I'm union staff, but not a spokesperson for my union - all posts represent my views solely.


Yoo's law (0.00 / 0)
It would seem that Mark Ridley-Thomas may have an answer to Mr. Yoo amongst the intelligentsia. As Yoo's posit led the Federal govt. to legalize torture does he not fall under a regulatory agency within California academic circles that could strip him of his professorship at UCB.  

Where is Code Pink when you need them? (0.00 / 0)
I would think that Code Pink should be picketing the Boalt Hall School of Law rather than a Marine Recruiting Depot.

I mean, if you want to get at the heart of things, where crap gets whitewashed, it is right at UC Berkeley.  This kind of makes the tree sitter protest look like kids playing with tinker toys. I really wonder how people choose what they target and how the come to the decision about what is important.  

Changing CA, one open mind at a time.  


Yoo's Law | 7 comments
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