John Yoo
Biography
John Yoo is a senior research fellow at the Civitas Institute, and a distinguished visiting professor at the School of Civic Leadership at the University of Texas at Austin. He is also the Emanuel Heller Professor of Law at the University of California at Berkeley where he supervises the Public Law and Policy Program among other programs at Berkeley Law. Concurrently, he is a nonresident senior fellow at the American Enterprise Institute.
Yoo has served in all three branches of government: as an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks; general counsel of the U.S. Senate Judiciary Committee; and as a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been also a visiting professor at the University of Chicago, in Japan and South Korea, Israel, and Italy.
He is the author, coauthor, editor, and coeditor of thirteen books on constitutional law, international law, national security, and the Supreme Court including, The Politically Incorrect Guide to the Supreme Court (Regnery, 2023) which he coauthored with Robert J. Delahunty; Defender in Chief: Donald Trump's Fight for Presidential Power (All Points Books, 2020); and Crisis and Command: A History of Executive Power from George Washington to George W. Bush (Kaplan Publishing, 2010). His commentary is regularly published in the popular press, including in The New York Times and The Wall Street Journal. The recipient of the Federalist Society’s Paul M. Bator Award, he graduated from Harvard College and Yale Law School.
John Yoo
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‘Big Difference’ Between Investigating a Sitting and Former President: Ex-dDeputy Assistant AG
John Yoo: How Will Trump Try to ‘Redirect’ the Justice Department Toward ‘Public Order and Safety’?
The Three Whisky Happy Hour: Classic Format Conversation with Michael Walsh
Steve is joined by Michael Walsh in this episode of 3 Whisky Happy Hour.
The Three Whisky Happy Hour: Send the TSA to Iran?
The status of the Iran War, the ongoing DHS shutdown, and more.
The Three Whisky Happy Hour: Shots Fired—Winning Here, Losing There
The Iran War, the SAVE Act, and more.
Who’s More Libertarian? Iran, Guns, and the Limits of Law
John Yoo, Richard Epstein, and Charles C.W. Cooke dive into the legal firestorm surrounding U.S. actions in Iran.
The Three Whisky Happy Hour: Int’l Law and Lawlessness at Home
Lucretia host’s this week’s episode, addressing international law and the Unites States' current military operation in Iran.
The Three Whisky Happy Hour: War! What Is It Good For? (Absolutely. . . Something!)
In this episode, we reviewed some key points of the Great Iran War of 2026, along with observations on the Supreme Court’s intervention on the side of California parents.
The Three Whisky Happy Hour: Newsom, Clinton, Tigers and Bears Oh My!
John wonders whether the Clinton deposition about Epstein is really sensible, Steve wonders how Gaffen-Gavin Newsom can possible survive this week’s “George Romney Moment," and Lucretia wonders why universities have allowed themselves to be swallowed whole by useless administrators.
The Trouble With Tariffs
The Law Talk crew breaks down what the Court actually decided, why Trump’s emergency-tariff theory failed, and how trade law, constitutional structure, and basic economics collided in the case.
The Three Whisky Happy Hour: Can You Tariff a Vibe Shift?
Steve Hayward argues that the Supreme Court’s tariff case Friday was a no-lose case for conservatives.
The Three Whisky Happy Hour: Saving Elections, Saving Energy, and Recalling Scalia
The SAVE Act is the first topic of debate this week, along with a celebration of the Trump Administration rolling back the EPA’s power to make our energy scarce and expensive.
The Three Whisky Happy Hour: Heart of Texas Episode
Lucretia, Steve Hayward, and John Yoo answer a reader/ listener comment asking what, exactly, is “scientific” about “political science”?
The Three Whisky Happy Hour: Zoned Out on Protests?
Lucretia, John Yoo, and Steve Hayward discuss the landmark Supreme Court case 'Euclid v. Ambler Realty.'
The Three Whisky Happy Hour: Forget Greenland—Invade Virginia!
Legal questions, Virginia politics, and “New Right 5.0."
The Three Whisky Happy Hour: The Best (Podcast) Regime?
Is America in fact the “best regime” in the classical, Platonic/Aristotelian meaning of the term?
The Three Whisky Happy Hour: Battle Zones in Iran, Venezuela, and . . . Minnesota?
An overview of events in Iran, Venezuela, and Minnesota.
The Three Whisky Happy Hour: Happy New Year on Substack Edition
This episode is devoted entirely to understanding and critiquing "post-liberalism."
The Three Whisky Happy Hour: Year in Review and the Year Ahead
The hosts of the 3 Whisky Happy Hour sit down to review their predictions for 2025.
The Three Whisky Happy Hour: Special Christmas Day Edition
A special Christmas episode from the hosts of 3 Whisky Happy Hour.
The Three Whisky Happy Hour: Santa’s Tin Foil Hat Week
The hosts of 3 Whisky Happy Hour address recent political conspiracy theories.
The Three Whisky Happy Hour: The Prog Mask Slips!
The hosts of 3 Whisky Happy Hour respond to Justice Kentanji Brown Jackson saying the quiet (progressive) part out loud.
The Three Whisky Happy Hour: The No Pearl-Clutching Zone
There's too much pearl clutching going on among the hand-wringers in Washington and the media.
The Three Whisky Happy Hour: Why John Adams Would Get Sydney Sweeney
Historian Richard Samuelson joins the hosts of 3 Whisky Happy Hour.
The Three Whisky Happy Hour: Bringing the Wood to Wood
The hosts of 3 Whisky Happy Hour sit down to address a recent speech delivered by historian, Gordon Wood.
The Three Whisky Happy Hour: Getting a Grip on Groypers
The hosts of 3 Whisky Happy Hour turn their attention to the serious matter of antisemitism on the right.
The Three Whisky Happy Hour: Gonzo Happy Hour-Squared Edition
A handful of legal luminaries join the hosts in this episode of 3 Whisky Happy Hour.
The Three Whisky Happy Hour: Here’s Lookin’ at ‘Lookism’
The Hosts of 3 Whisky Happy Hour address "lookism."
The Three Whisky Happy Hour: Woman Troubles?
The hosts of 3 Whisky Happy Hour respond to Helen Andrews’ Compact article on “The Great Feminization."
The Three Whisky Happy Hour: Return of the Neocons?
The hosts address foreign policy questions, ranging from Gaza, Ukraine, Venezuela, China, and, Africa.
Supreme Court Preview: Sports, Speech, and Separation of Powers
Charles C.W. Cooke, John Yoo, and Richard Epstein discuss the new Supreme Court docket and what it means for the country.
The Three Whisky Happy Hour: Trump—A New Columbus?
Maybe Trump is a Columbus of sorts, sailing precariously into the Blue State oceans to drain swamps, etc. It’s worth a shot.
The Three Whisky Happy Hour: Rumble in the State of Nature Jungle
The hosts are joined by Hadley Arkes in this episode of 3 Whisky Happy Hour.
The Three Whisky Happy Hour: Million Miles to Go Edition
The hosts discuss Steve’s article on how to apply Max Weber’s famously dense lecture “Politics as a Vocation” to the deteriorating political atmosphere that contributed to the assassination of Charlie Kirk.
The Three Whisky Happy Hour: The Demonic—Both Whimsical and Serious
The hosts discuss “K-Pop Demon Hunters,” Free Speech, and the inability of so-called progressives to brook any dissent from their party line.
Trump v. Everyone: War on Drugs, War on Courts, War on the Fed
A new episode of Law Talk featuring Richard Epstein, John Yoo, and Charles C.W. Cooke.
The Three Whisky Happy Hour: Emergency Episode About Charlie Kirk
No bumper music, mirth about McDonalds, whisky, Babylon Bee headlines, or AI Haiku today: the assassination of Charlie Kirk is too serious a matter.
The Three Whisky Happy Hour, On the ‘Theological-Political Problem’
Lucretia is joined by Prof. Vincent Munoz of Notre Dame University in this episode of 3 Whisky Happy Hour.
The Three Whisky Happy Hour: McDs vs Cracker Barrel, and other Burning Topics
The hosts walk through the serial disgraces of politicians and the media following the latest school shooting in Minnesota, along with what to make of Trump’s attempted firing of Fed governor Lisa Cook.
The Three Whisky Happy Hour: Almost Live Q & A Episode
The hosts fielded a number of listener and reader questions, culminating in a long discussion of good books about the American Founding.
The Three Whisky Happy Hour: The Summit of Everything
The Three Musketeers of the 3WHH are back with their typical end-of-week roundup.
Law Talk: The Great Birthright Citizen Debate
Charles C.W. Cooke moderates a spirited debate between John Yoo and Richard Epstein on the constitutional meaning and historical origins of birthright citizenship.
The Three Whisky Happy Hour: With Special Guest Star Ken Green
The hosts are joined by environmental scientist Ken Green in this episode of 3 Whisky Happy Hour.
The Three Whisky Happy Hour: Tempest in a D Cup Edition
Sydney Sweeney’s American Eagle “good jeans” ad campaign, Trump's tariff brinkmanship, and more.
The Three Whisky Happy Hour: High Crimes & Misdemeanors
“Statesmanship and the American Presidency,” the meaning of the U.S. Constitution, the 2016 Russia Hoax, and more.
The Legality of Trump's Tariffs
John Yoo joins Bloomberg Intelligence's Votes & Verdicts podcast.
The Three Whisky Happy Hour: Making Child’s Play of Everyone’s Files
The hosts address Zohran Mamdani, Upton Sinclair, Tony Podesta, Jasmine Crockett, and more in this episode of 3 Whisky Happy Hour.
The Three Whisky Happy Hour: Special AWOL Edition
The hosts present the great 3WHH fugitive episode.
Law Talk’s 2025 Supreme Court Recap
Richard Epstein, John Yoo, and Charles C.W. Cooke unpack one of the most consequential Supreme Court terms in recent memory.
The Three Whisky Happy Hour: Gala July 4 Special Edition
The hosts of 3 Whisky Happy hour address patriotism, immigration, and more in this special Independence Day episode.
The Three Whisky Happy Hour: Daddy’s Home
Trump's grand strategy, the future of constitutional originalism, and more.
The Three Whisky Happy Hour: Successfully Suppressing the Rebellion
The "Skirmetti" decision, the Democratic Party's deepening civil war, and more on this episode of 3 Whisky Happy Hour.
The Three Whisky Happy Hour: Unplugged (or Unhinged?) Edition
John and Lucretia host this week's episode of 3 Whisky Happy Hour.
The Three Whisky Happy Hour: Northern Exposure Edition
With two of the three bartenders hanging around near or above the arctic circle this week, this is an official Northern Exposure episode of 3 Whisky Happy Hour.
The Three Whisky Happy Hour: Time for Viking Justice?
Free trade, Trump's attack on Harvard, and more.
The Three Whisky Happy Hour: John Yoo’s Top Five Legal Rules
John Yoo presents his Top Five Legal Rules that everyone should know.
The Whisky Happy Hour: Lucretia’s List of the Five Dumbest Ideas
Lucretia presents her list of the Five Dumbest Ideas in this episode of 3 Whisky Happy Hour.
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Professor John Yoo on Birthright Citizenship
John Yoo joins The Michael Medved Show to discuss the birthright citizenship.
The Three Whisky Happy Hour: Neoconclave Edition!
We’re up a day early with this special emergency edition of the 3WHH because it isn’t every millennium when you get an American Pope.
The Three Whisky Happy Hour: Neoconclave Edition
Steven Hayward, John Yoo, and the pseudonymous Lucretia break down the week's top stories and continue a long-running argument about first principles.
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Law Talk: Does AI Dream of Constitutional Rights?
Welcome to Law Talk with Richard Epstein and John Yoo. Our show is hosted by Charles C. W. Cooke.
The Three Whisky Happy Hour: Lookism and Imperial Conquest Redivivus
The hosts take on Trump at the 100 Day mark, the latest in lawfare, the dismal Canadian election, and more in this episode of 3 Whisky Happy Hour.
The Three Whisky Happy Hour, with Special Guest Robert Bryce
Robert Bryce joins the hosts in this episode of 3 Whisky Happy Hour.
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Paul Gigot and John Yoo on Donald Trump, the Courts and Presidential Power
Donald Trump keeps testing the limits of his executive authority, and courts have been pushing back. Is a constitutional crisis on the horizon? On this episode of Potomac Watch, law professor John Yoo speaks to Paul Gigot about what could be a looming clash between the President and the Supreme Court.
The Three Whisky Happy Hour: The Long March Back?
Birthright citizenship, Trump's attack on Harvard, and more.
The Three Whisky Happy Hour: Band Reunion Time
John Yoo is back this week, bringing the 3WHH up to full strength again after last week’s astonishingly congenial episode.
The Three Whisky Happy Hour: The New Tariff in Town
The Democratic-media complex, tariffs, and more.
The Three Whisky Happy Hour: Make Liberalism Great Again?
Will the burst of enthusiasm among a few liberal thinkers to build stuff again succeed?
The Trump Administration's Judicial Standoff
John Yoo joins The Michael Medved Show to discuss the Trump administration's standoff with the judiciary.
The Three Whisky Happy Hour: Dog Years, Dog Days
The end of DEI at Berkeley, Columbia University capitulating to Trump, and more.
The Three Whisky Happy Hour: OGNC Edition
The hosts address the Ukraine War in this episode of 3 Whisky Happy Hour.
The Three Whisky Happy Hour: Sister Souljah Time for the Dems?
Will Democrats really make a serious move to the center? The hosts offer an answer in this episode of 3 Whisky Happy Hour.
The Three-Whisky Happy Hour: Emergency Midweek Edition
The hosts address recent Supreme court rulings in this episode of 3 Whisky Happy Hour.
The Three Whisky Happy Hour: 180 Proof Edition
Civitas Institute senior research fellow Richard Epstein fills in for John during this episode of 3 Whisky Happy Hour.
The Three Whisky Happy Hour: The Great Reset
The hosts address both Gaza and the Ukraine War in this episode of 3 Whisky Happy Hour.
The Three Whisky Happy Hour: Is Trump Re-Writing Executive Power?
Is Trump re-writing executive power? The hosts answer in this episode of 3 Whisky Happy Hour.
WSJ Opinion: Are We Facing a Constitutional Crisis?
Wall Street Journal Opinion Editor-at-Large Gerry Baker interviews John Yoo about Trump's recent executive orders.
The Three Whisky Happy Hour: Trump’s Five Big Fights
This week’s episode reviews five of Trump’s biggest fights that are interrelated in ways that could rebalance out constitutional order in ways conservatives have hoped beyond hope for decades might be possible.
The Three Whisky Happy Hour: War, Peaceniks, Bishops, Senators, Onesies, Everything
The hosts reflect on theology, federal grant restrictions, J.D. Vance’s dialectical skill, and more in this episode of 3 Whisky Happy Hour.
The Three Whisky Happy Hour: Getting Right with Free Speech
The 3WHH bartenders raise their glasses high for the first 100 hours of Trump II.
The Three Whisky Happy Hour: Non-Jejune Edition
Amending the Constitution, Biden's "farewell address," and more.
The Three Whisky Happy Hour: From Emigrating to Immigrating
What about birthright citizenship? The hosts answer in this episode of 3 Whisky Happy Hour.
The Three Whisky Happy Hour: Special Happy New Year’s Edition
Discrimination and the 14th Amendment, predictions of 2025, and more.
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Measuring the Limits of Trump’s Power With Constitutional Scholar John Yoo
John Yoo appears as a guest on Somebody's Gotta Win with Tara Palmeri
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The Three Whiskey Happy Hour: Globull Threats to Liberty
A special mid-week holiday edition of the 3WHH.
The Three Whisky Happy Hour: Band Reunion Time
John Yoo is back this week, bringing the 3WHH up to full strength again after last week’s astonishingly congenial episode, which can mean only one thing—not even high tariffs, which this week’s host (Steve) vainly tried to impose on ths discussion—could stop a vigorous free trade in ideas.
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Rational Judicial Review: Constitutions as Power-sharing Agreements, Secession, and the Problem of Dred Scott
Epstein & Yoo: Amicus Brief in Supreme Court of Maryland
Rational Nondelegation