Shoot First, Ask Never

We should have interrogated Osama bin Laden, but Obama’s policies ruled that out

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Osama bin Laden’s killing demonstrated in spectacular fashion American military and intelligence skills — and Pres. Barack Obama, who staked his presidency on the operation, was triumphant. Bin Laden’s death also threw into sharp relief the problems that continue to impede victory in the War on Terror.

Our most critical need in that war is intelligence. But policies put into place by the Obama administration during the last two years have retarded and even reversed the progress made since 9/11. Obama’s policies on detention, interrogation, and the trial of terrorists are driving us to kill rather than capture high-value al-Qaeda leaders. While bin Laden’s death was a victory, we lost an even greater intelligence opportunity.

John Yoo

About the Author

John Yoo

John Yoo is the Thomas W. Smith Senior Fellow at the Civitas Institute, University of Texas at Austin; Emanuel S. Heller Professor of Law at the University of California at Berkeley; and a nonresident senior fellow at the American Enterprise Institute. He is a co-author of the just-released two-volume American Constitutional Law (Routledge, 2026).

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