John Yoo

In Civitas Outlook, my latest piece compares Trump and Jeffersonian foreign policy:

"A President orders American forces to attack a hostile foreign regime without prior congressional authorization. He authorizes covert action to overthrow the regime’s ruler. He funds these operations in secret and notifies Congress only after the mission succeeds. When the smoke clears, Congress does not challenge the intervention either by cutting off funds, passing a statute, or impeaching the President. This scenario describes the Trump administration’s ongoing conflict with Venezuela. The United States is fighting a war in all but name against the regime in Caracas. The United States has imposed a blockade on Venezuela’s oil exports, closed its airspace, sunk alleged drug-running boats leaving its ports, and, of course, launched a snatch-and-grab operation of its head of state, Nicolas Maduro. Not only did the American armed forces capture Maduro and return him to the United States for trial, but it also destroyed Venezuela’s air defenses and killed the security detail guarding him. The Trump administration is now engaged in a slow campaign of regime change that has it negotiating with Maduro’s successor, Delcy Rodriguez, but also hosting the leader of the opposition, Nobel Peace Prize winner Maria Corina Machado.

But this scenario also describes President Thomas Jefferson’s campaign against the Barbary States."

Trump's Jeffersonian Foreign Policy | John Yoo The Constitution creates a presidency that can respond forcefully to prevent serious threats to our national security.

Joined Kudlow on Fox Business News to discuss why the Supreme Court might be delaying its decision on the Trump tariffs. I observed that the Court may well issue the decision in the upcoming week, and it may have delayed the opinion to give the executive branch time to consider a refund process.

Forecasting Supreme Court's Trump tariff ruling, refund and trade implications | Fox Business Video Former Deputy Assistant Attorney General John Yoo analyzes the Supreme Court's delay on President Donald Trump's tariffs and discusses the complexities of a potential refund process on ‘Kudlow.’

In National Review, I argue that the United States should not understanding international law to prohibit the snatch-and-grab of the Venezuelan President:

"President Donald Trump’s critics have focused their fire on the legality of the United States’ astounding snatch-and-grab of Venezuelan leader Nicolás Maduro. But their attacks mistakenly claim a strict, formalistic authority for international rules that have never governed American actions in world affairs and would prove little obstacle to our rivals, such as China and Russia. Following these false sirens of international law would diminish American leadership, harm our allies, and lead to a more disordered, less peaceful world."

Don’t Follow the False Sirens of International Law | National Review An overly formalistic view of international rules not only hurts America and its allies, but it also creates a more lawless world.

Joined Outnumbered on FoxNews to discuss banning social media, nativity scenes at Christmas, and your favorite comfort animals on airplanes.

I argued that the Supreme Court has made clear that nativity scenes do not violate the Establishment Clause so long as public spaces are open to other religious displays too.

Nativity scene fight erupts in SC town after mayor’s takedown order | Fox News Video 'Outnumbered' reacts after Mullins, South Carolina’s Beautification Committee defies the mayor’s order to remove a nativity scene display.

The Trump National Security Strategy is Good, Bad, and Ugly All at Once | John Yoo Like the classic Clint Eastwood western, the Trump Administration should have titled its National Security Strategy: “The Good, the Bad, and the Ugly.”

Misunderstanding Originalism, The Sequel I am glad that Linda Denno has responded to my piece in the American Mind on “Misunderstanding Originalism.” In this reply, I answer her direct questions, clarify the differences in our positions, and explore their consequences.

JOHN YOO: Supreme Court showdown exposes shaky case against birthright citizenship Supreme Court will hear challenges to Trump's executive order ending birthright citizenship, but the Constitution and 140 years of precedent support automatic citizenship.

Why State Courts Should Not Set National Energy Policy | National Review Judges are improperly turning courts into bastions of climate activism.