(1) A reader reminded me of this yesterday and it’s really quite something: in July, 2009, NBC‘s Chuck Todd went on Morning Joe to defend President Obama’s decision to shield all Bush officials from prosecution for torture, arguing that because Bush got his lawyers to say he could torture, it was legal. I interviewed/debated Todd a couple of days later about those views, but before I did, I wrote a reply to the argument he made on television. When doing so, I tried to think of the most extreme tyrannical and lawless power possible which a President could hypothetically assert, in order to reveal the invalidity of Todd’s reasoning, and this is what I wrote:

I’d like to ask Chuck Todd: if Bush had John Yoo write a memo opining that it was perfectly legal for Bush to deploy hit squads within the U.S. to assassinate American citizens without any due process, would it be wrong to investigate and prosecute that, too, on the ground that everyone had permission slips from a DOJ lawyer and that’s just what lawyers do?