Friday:Torture Enablers Yoo & Bybee Only Showed “Poor Judgement”

(11 am. – promoted by ek hornbeck)

Today is Friday, January 29, the year 2010.  Remember this full moon evening.  

According to Newsweek’s Declassified Blog, http://blog.newsweek.com/blogs…

two Department of Justice anonymous sources said that a Senior DOJ official who finalized an Office of Professional Responsibility report, changed the assessment of the torture memo’s creator’s  Jay Bybee and John Yoo’s behavior to “poor judgement.”


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.  

/snip

Two of the most controversial sections of the 2002 memo-including one contending that the president, as commander in chief, can override a federal law banning torture-were not in the original draft of the memo, say the sources. But when Michael Chertoff, then-chief of Justice’s criminal division, refused the CIA’s request for a blanket pledge not to prosecute its officers for torture, Yoo met at the White House with David Addington, Dick Cheney’s chief counsel, and then-White House counsel Alberto Gonzales. After that, Yoo inserted a section about the commander in chief’s wartime powers and another saying that agency officers accused of torturing Qaeda suspects could claim they were acting in “self-defense” to prevent future terror attacks, the sources say. Both legal claims have long since been rejected by Justice officials as overly broad and unsupported by legal precedent.

John Yoo, a graduate of Harvard and Yale law school, who clerked for SC Justice Clarence Thomas, and served as a torture enabler in the Bush administration at the Dept of Justice from 2001 to 2003, is currently a law professor at the University of CA at Berkeley. http://www.law.berkeley.edu/ph…

Jay Bybee, a graduate of Brigham Young University and BYU’s J Reuben Clark Law School, helped John Yoo write the torture rationalization memos for President Bush during his Dept of Justice Office of Legal Counsel tenure from 2001 to 2003.  Bybee currently serves on the US Court of Appeals of the Ninth Circuit. http://www.fjc.gov/servlet/tGe…

It is not known at the current time when they will be displaying “poor judgement” again, nor how many fatalities might result.

 

7 comments

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  1.  right ?

  2. 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…”

    That shows how “the trigger” was materially altered.

  3. for felonious lawyering.

    • Edger on January 30, 2010 at 2:32 pm

    Good thing he’s only a Judge, eh?

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