Obama Justice Dept. Will Defend Yoo

By JOSH GERSTEIN | Politico

The Obama Administration has decided to press on with the Justice Department’s defense of a civil lawsuit brought against John Yoo, a former department lawyer attorney whose controversial legal opinions have been roundly criticized by many members of Obama’s legal team.

At a court hearing Friday morning in San Francisco, government lawyers said that despite the change in administration, there has been no change in Yoo’s government-run legal defense against a suit brought by Jose Padilla, an American citizen who spent more than three years in a Navy brig after being designated as an enemy combatant.

“This administration has made no secret that we disagree with many of the previous administration’s legal policies on national security issues,” a Justice Department spokesman, Matt Miller, said after the court session. “Nevertheless, we generally defend employees or former employees of the department in litigation filed in connection with their official duties.”

As POLITICO first reported, Judge Jeffrey White issued written questions Thursday asking whether the position taken by Yoo’s defense had been “fully vetted” by the Obama administration.

A Justice Department official, who asked not to be named, said the judge was advised that Obama appointees signed off on the legal strategy. “The positions taken in the briefs have been fully vetted within the administration,” the official said …

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