OPR: Torture Lawyers Guilty of “Professional Misconduct”

"Torture memos" author John Yoo | Flickr/<a href="http://www.flickr.com/photos/truthout/4343774179/">Truthout.org</a> (<a href="http://www.creativecommons.org">Creative Commons</a>).

Let our journalists help you make sense of the noise: Subscribe to the Mother Jones Daily newsletter and get a recap of news that matters.


John Yoo and Jay Bybee, the Bush administration lawyers responsible for the bulk of the so-called “torture memos,” were guilty of “professional misconduct,” according to a June 2009 report by the Justice Department’s in-house watchdog, the Office of Professional Responsibility (OPR). But in the wake of massive pushback from Yoo and Bybee, the Justice Department refused to adopt the conclusions of that report, according to a January 5, 2010, memo released on Friday afternoon on the website of the House Judiciary Committee.

If the Justice Department had endorsed the OPR’s conclusions, Yoo and Bybee could have faced potential disbarment. But David Margolis, the deputy associate attorney general responsible for reviewing the report, concluded in a 69-page memo explaining his decision that the authors of the torture memos had demonstrated “poor judgment” and produced seriously flawed legal analysis, but that this was not done in bad faith. Margolis noted that it was a “close question” whether Yoo had “intentionally or recklessly provided misleading advice.” He added, “Yoo’s loyalty to his own ideology and convictions clouded his view of his obligation to his client and led him to author opinions that reflected his own extreme, albeit sincerely held views of executive power while speaking for an institutional client.” These are damning words, certainly. But such words won’t hurt as much as being disbarred.

The department’s experts in professional conduct saw this as a slam-dunk case. Yoo, they found, “committed intentional professional misconduct when he violated his duty to exercise independent legal judgment and render thorough, objective, and candid legal advice.” Bybee, they noted, acted in “reckless disregard” of his obligations to provide independent legal analysis. Yet because Margolis believes Yoo and Bybee committed these significant errors in good faith, he has given them a pass.

Congress plans hearings on the report, and the Center for Constitutional Rights has issued a statement saying that Bybee, who is currently serving as a federal appeals court judge, should be impeached.

UPDATE 1: The OPR report notes that the Yoo and Bybee probe was “not a routine investigation”—partly because Yoo’s emails were deleted and because David Addington, Dick Cheney’s legal counsel, refused to cooperate with OPR investigators. Consequently, OPR investigators noted, “It remains possible that additional information eventually will surface regarding the CIA program and the military’s interrogation programs that might bear upon our conclusions.”

UPDATE 2: Yoo’s lawyer, the also-controversial Miguel Estrada, slammed the OPR investigators as “Junior Varsity CIA.”

SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

payment methods

SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate