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Look To The Future, Not To The Past

Publication Date: 
April 26, 2009
Pittsburgh Post-Gazette
David Shribman

Professor Mariano-Florentino Cuellar is mentioned in a column by David Shribman of the Pittsburgh Post-Gazette about whether President Obama should pursue prosecution of officials from the Bush administration for their roles in authorizing torture in the interrogation of suspected terrorists:

This is no defense of torture nor of the tactics the Bush administration may have used in recent years; press accounts of those episodes that emerged late last month were shocking. But far below the surface of the noisy Washington and cable-television conversation is a quieter but very serious debate, sparked by the circulation in elite legal circles in recent days of an Internet version of a forthcoming article in the Yale Law Journal that argues that "all interrogation methods allegedly authorized since 9/11, with the possible exception of waterboarding, have been authorized before."

This article, by William Ranney Levi, is significant as much for its intellectual provenance as it is for its contents. Mr. Levi, part of one of the most distinguished legal families in the nation, exposed his argument to the rigorous review of several leading legal minds, conservative and liberal, some of whom doubtlessly disagree with him.

He cites consultations with Jack L. Goldsmith, the conservative Harvard law professor who resigned from the Bush Justice Department and later expressed qualms over the Bush anti-terrorism legal rationale; Harold H. Koh, the dean of the Yale Law School and a leading human rights activist who has been nominated by Mr. Obama to be legal adviser to the State Department; Mariano-Florentino Cuellar, a Stanford law professor in the Obama inner ring; and Martin S. Lederman, a Georgetown law professor and fierce Bush critic who is the president's choice for a leadership position in the powerful and prestigious Office of Legal Counsel at the Justice Department.