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WSJ Opinion: Free Expression

The Consequential Decisions of the Supreme Court's Term

WSJ Opinion: Free Expression

Gerard Baker, Editor at Large, The Wall Street Journal

Society & Culture, News

4.6591 Ratings

🗓️ 21 June 2022

⏱️ 39 minutes

🧾️ Download transcript

Summary

On this episode of Free Expression, Wall Street Journal Editor at Large Gerry Baker speaks with law professor and former Supreme Court clerk John Yoo about the historically significant conservative direction of the Court, the damage done by the leak of Justice Samuel Alito's draft decision in the Dobbs case, and why the Founding Fathers would have been suspicious of the January 6th Committee hearings.  Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

From the opinion pages of the Wall Street Journal, this is Free Expression with Jerry Baker.

0:08.4

Hello and welcome to Free Expression with me, Jerry Baker from the Wall Street Journal editorial page.

0:12.6

We're delighted you're listening to this podcast. If you enjoy it, please be sure to subscribe at Apple Podcasts, Spotify, or wherever you get your podcasts,

0:19.1

and please be kind enough to leave us a

0:21.1

favourable review. Now, at the journal's editorial page, we believe strongly in free expression,

0:25.1

and so each week on this podcast we explore in depth and candor issues of topical interest.

0:30.7

We speak in depth to people who are leading figures in their field, practitioners, experts,

0:34.6

commentators to give us a better understanding of the major issues of our times.

0:38.1

This week, my guest is John U,

0:39.3

Constitutional Law scholar and professor of law at University of California, Berkeley.

0:43.3

After teaching and writing about constitutional law for several years,

0:45.7

John joined the administration of George W. Bush in 2001.

0:49.1

After the terrorist attacks of 9-11, he was a key figure in the development of a legal framework

0:53.6

for prosecuting

0:54.7

the war on terror. He helped draft one of the most consequential and controversial pieces of legal

0:59.8

advice in modern presidential history, the 2002 Bybee memo, justifying used by US forces of what

1:05.2

were called enhanced interrogation techniques for terrorist suspects. The memo, dubbed by its critics,

1:12.1

the torture memo, was used as a legal basis for messages such as waterboarding, sleep deprivation and other tactics that some,

1:16.2

including in the military itself, regarded as unacceptable and unlawful. The opinion was later rescinded,

1:20.4

but Professor U and others continue to defend it, saying not only was it the right constitutional

1:24.6

interpretation, but it was also very effective in saving lives during the war on terror.

1:28.8

After the Bush administration, for a year returned to academia and has authored many articles on

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