Dude. We love torture and wish we could crush the testicles of small children personally, but our dirty hippie neighbors won't watch our houses for us when we go on vacation if we do. Prof. Yoo is our man!
It is too bad that we can't follow the train of causality between Yoo's memo and establishing a novel torture regime in the United States. These things are so complicated and all he did was write a memo. If only there were some discipline, some field that deals with responsibility for crimes, how to weigh those and what the penalties should be. But since there isn't, we don't know what to do. I guess we'll just do nothing!
Ezra Klein addresses the "tenure defense", arguing that "tenure doesn't protect those with unpopular ideas, it just makes them harder to fire, and thus raises how unpopular an idea has to be before it merits termination." So, he hypothesizes, making dumb arguments about tax cuts for the rich being the awesomest stimulus plan ever, not worth our time. Advocating killing the Jews? See you later!
I dunno. I feel like realistically, that's how tenure works (c.f., Churchill, Ward). But only to some degree (I mean Tony Martin managed to make it into normal retirement last year). And ideally, tenure gets superseded not by really bad ideas, but by actual acts of scholarly or personal misconduct. Has Yoo met that threshold? I don't know.