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Newsweek: Report Will Blast Bush Lawyers On Torture Opinions

Those Bush lawyers who approved torture may not be in the clear just yet.

Newsweek reveals that a report into the integrity of opinions given by Bush DOJ attorneys, approving water-boarding and other harsh interrogation techniques, is sharply critical of several top officials, including John Yoo, the author of the infamous "torture memo".

A draft of the report -- which was authored Marshall Jarrett, the head of the department's Office of Professional Responsbility -- was submitted in the final weeks of the Bush administration. But it looks like Bush's DOJ brass pushed back.

According to Newsweek's sources, former Attorney General Michel Mukasey, and his deputy Mark Filip, "strongly objected to the draft." Apparently, Filip wanted the report to include responses from the three DOJers most heavily criticized -- in addition to Yoo, that was Jay Bybee, another top department lawyer who wrote opinions authorizing harsh tactics, and Steven Bradbury, who ran the department's Office of Legal Counsel.

A spokesman for the Obama DOJ told Newsweek it's reviewing the matter.

It sounds like the report could contain be pretty hard-hitting. Newsweek says it's focusing on "whether the memo's authors deliberately slanted their legal advice to provide the White House with the conclusions it wanted." According to one source, the investigators have obtained, in the magazine's words, "internal e-mails and multiple drafts that allowed OPR to reconstruct how the memos were crafted."

But Yoo et al. may not be in much legal jeopardy. Newsweek adds that, at worst, the report "could be forwarded to state bar associations for possible disciplinary action".

It's also not clear we'll ever get to see the report. Jarrett told the Senate Judiciary committee last year that he'd inform them of his findings, but only that he's "consider" releasing a public version.

If this isn't an issue that deserves a full public airing, it's hard to know what would be.


6 Comments

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If Orange jump suits are out, then I'm all for disbarment!

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Many have commented on the time and energy wasted by ObamaCo regarding his problem with Cabinet appoints biting the dust. Few comment on the time and energy wasted by ObamaCo parsing, excusing and evading the Administrations responsibility and duty to follow a high ethical and legal standard in rooting out the rot of the prior Regime. I guess it you want to be the next Regime, you'd have the same inaction.

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It's obvious these guys slanted their opinion to give Cheney what he wanted. It's one thing to know it, though, and another thing to be able to prove it. Unfortunately I don't sense a lot of weight behind the DOJ getting into that. We'll see though.

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Cheney to Bush; 'We need to build concentration camps for our political enemies'.

Bush to John Yoo; 'John, I need legal authority to create concentration camps.'

Yoo: 'Coming right up Chief.'

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The bar associations are the perfect place to fight this out.

What Yoo did was acceptable for a corporate lackey in the marketing or government relations department. It was OK as a Republican Party hack. But as an attorney in public service, he cannot suspend his independent judgment and author memos unsupported by the facts and the law, and contrary to established law.

He compromised his oath as an attorney. He should lose his license. After that, Berkeley can decide if a person unqualified to be an attorney can be continue to be a tenured law professor.

Simple as that.

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Yes, I don't see how he was helping the President "defend the Constitution..." here. It looks close to treason.

It's one thing to academically argue a point, another to offer that argument into practice on the sly.

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