A law professor at the University of California at Berkeley, he said his proposal would require "a change in the way we think about the executive order banning assassination, which has been with us since the 1970s." Such a change is needed, he said, because it is wartime: "A nation at war may use force against members of the enemy at any time, regardless of their proximity to hostilities or their activity at the time of attack."
Mr. Yoo, 38 years old, is no ordinary ivory-tower theorist. During a two-year stint at the Justice Department from 2001 through 2003, he wrote some of the most controversial internal legal opinions justifying the Bush administration's aggressive approach to detaining and interrogating suspected terrorists.
Some of those memos have become public, but not all of them. Asked after his AEI talk whether there is a classified Justice Department opinion justifying assassinations, Mr. Yoo hinted that he'd written one himself. "You would think they -- the administration -- would have had an opinion about it, given all the other opinions, wouldn't you?" he said, adding, "And you know who would have done the work."
A spokesman for the Justice Department declined to comment.
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