WTH Is it: Insubordination or Sedition? John Yoo Explains.

Between the pardoned turkeys and those running loose on Capitol
Hill, controversy over insubordination and sedition seem to be on
the menu this holiday. The six Democrats who posted a video
addressed to service members sowed chaos and confusion about
the proper chain of command and lawful military orders. It is
crucial to understand the constitutional framework that
distinguish lawful military action, legislative and executive
powers, crime, and war. In today’s politics, rhetoric can make it
difficult to discern the line between war and crime. John
Yoo reminds us that not everything that harms society constitutes
a war or justifies the use of military tools. That being said,
where is the line drawn, and who draws it? And what is the
proper role for members of Congress?


John Yoo is a nonresident senior fellow at the American
Enterprise Institute, the Emanuel S. Heller Professor of Law at
the University of California, Berkeley, and a Senior Research
Fellow at the Civitas Institute at the University of Texas at
Austin. Professor Yoo has served in all three branches of
government. He was an official in the U.S. Department of Justice,
where he worked on national security and terrorism issues after
the 9/11 attacks. He served as general counsel of the U.S.
Senate Judiciary Committee. He has been a law clerk for
Supreme Court Justice Clarence Thomas and federal appeals Judge
Laurence Silberman. Professor Yoo has published almost 100
scholarly articles on subjects including national security,
constitutional law, international law, and the Supreme
Court. Professor Yoo’s latest book is The Politically
Incorrect Guide to the Supreme Court. 


Read the transcript here.


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