Friday, February 24, 2006

Yoo Style Creative Lawyering


There was some seriously creative lawyering on display yesterday at the meeting of the Senate Armed Services Committee.

Yesterday, it emerged in the committee hearing that the administration may have skirted the law by not granting a 45-day review of the Dubai ports deal. The law says such a review is mandatory if a sale to a state-owned company "could affect the national security of the United States" -- a standard the administration seemed to acknowledge the deal met because it required special safeguards.

Sen. Robert Byrd (D-W.Va.), who wrote the 1992 law, demanded to know "why that investigation was not carried out."

Warner asked Deputy Treasury Secretary Robert Kimmitt to "clarify."

"Senator," Kimmitt told Byrd, "we have a difference of opinion on the interpretation of your amendment." The administration, he said, views it "as being discretionary."

Sen. Hillary Rodham Clinton (D-N.Y.), reading the statute to Kimmitt, said the law "requires -- requires -- an investigation."

"We do not see it as mandatory," Kimmitt repeated.

Sen. Carl Levin (D-Mich.) grew irritated. "If you want the law changed," he told Kimmitt, "come to Congress and change it. But don't ignore it."

"We didn't ignore the law," Kimmitt again maintained. "We might interpret it differently."

Even Warner, though initially defending the administration, grew tired of this explanation. "I must say, as a lawyer myself, reading this, on the face, my colleagues raise a legitimate question," the chairman warned.


John Yoo's style of questionable interpretation of law seems to be felt all over Washington these days.






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