Pick Wayne's Brain

January 30, 2010

An Unjust Finding

According to a report by Newsweek’s Michael Isikoff and Daniel Klaidman, the two principle Bush Administration Justice Department lawyers responsible for creating the so-called “torture memos” will not be given as severe a reprimand as they deserve.

Previously, the report concluded that two key authors—Jay Bybee, now a federal appellate court judge, and John Yoo, now a law professor—violated their professional obligations as lawyers when they crafted a crucial 2002 memo approving the use of harsh tactics, say two Justice sources who asked for anonymity discussing an internal matter. But the reviewer, career veteran David Margolis, downgraded that assessment to say they showed “poor judgment,” say the sources. (Under department rules, poor judgment does not constitute professional misconduct.) The shift is significant: the original finding would have triggered a referral to state bar associations for potential disciplinary action—which, in Bybee’s case, could have led to an impeachment inquiry.

If this stands up (more…)

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