A faithful reader has provided further background on Dean Harold Koh, one of the key witness testifying for the Democratic minority at Judge Gonzales’ confirmation hearing tomorrow. Koh has been a vocal opponent of military recruitment on Yale’s campus, something I should have remembered from my days defending the Solomon Amendment against challenges by Yale’s faculty in court. Similar to Admiral Johnson, Koh argued against passage of a broad authorization for use of military force and instead advocated simply prosecuting as war criminals the perpetrators of 9/11. He argued that federal courts should try Osama Bin Laden. Later, he pushed to have OBL and Saddam tried in the ICC: “[Bush] could have supported the International Criminal Court as a way of bringing the Osama bin Ladens and Saddam Husseins of the world to justice.” (The Economist, October 30, 2003) Koh has also argued that the US had to seek authorization from the UN prior to deposing Saddam.