Report Won't Recommend Torture Charges

Draft DOJ Report May Suggest Professional Sanctions, But Not Prosecutions; Ultimate Decision Will Be AG Holder's

(AP)  Bush administration lawyers who approved harsh interrogation techniques of terror suspects should not face criminal charges, Justice Department investigators say in a draft report that recommends two of the three attorneys face possible professional sanctions.

The recommendations come after an Obama administration decision last month not to prosecute CIA interrogators who followed advice outlined in the memos.

That decision angered conservatives who accused President Barack Obama of selling out the CIA, and from liberals who thought he was being too forgiving of practices they - and Obama - call torture. The president's rhetoric, if not actual policy, shifted on the matter as the political fallout intensified.

Officials conducting the internal Justice Department inquiry into the lawyers who wrote those memos have recommended referring two of the three lawyers - John Yoo and Jay Bybee - to state bar associations for possible disciplinary action, according to a person familiar with the inquiry. The person, who spoke on condition of anonymity, was not authorized to discuss the inquiry.

The person noted that the investigative report was still in draft form and subject to revisions. Attorney General Eric Holder also may make his own determination about what steps to take once the report has been finalized.

The inquiry has become a politically loaded guessing game, with some advocating criminal charges against the lawyers and others urging that the matter be dropped.

In a letter to two senators, the Justice Department said a key deadline in the inquiry expired Monday, signaling that most of the work on the matter was completed. The letter does not mention the possibility of criminal charges, nor does it name the lawyers under scrutiny.

The letter did not indicate what the findings of the final report would be. Bybee, Yoo and Steven Bradbury worked in the Justice Department's Office of Legal Counsel and played key roles in crafting the legal justification for techniques critics call torture.

The memos were written as the Bush administration grappled with the fear and uncertainty following the Sept. 11, 2001, terror attacks. Over the years that followed, lawyers re-examined and rewrote much of the legal advice.

Last month, the Obama administration released four of the long-secret memos about treatment of terror suspects in which lawyers authorized methods including waterboarding, throwing subjects against a wall and forced nudity.

In releasing the documents, President Barack Obama declared CIA interrogators who followed the memos would not be prosecuted. Obama left it to Holder to decide whether those who authorized or approved the methods should face charges.

When that inquiry neared completion last year, investigators recommended seeking professional sanctions against Bybee and Yoo, but not Bradbury, according to the person familiar with the matter. Those would come in the form of recommendations to state bar associations, where the most severe possible punishment is disbarment.

Vincent Warren, executive director of the Center for Constitutional Rights, called the decision not to seek criminal charges "inconceivable, given all that we know about the twisted logic of these memos."

Warren argued the only reason for such a decision "is to provide political cover for people inside the Obama White House so they don't have to pursue what needs to be done."

Bybee is now a judge on the 9th U.S. Circuit Court of Appeals. Yoo is a professor at the University of California-Berkeley. Bradbury returned to private practice when he left the government at the end of President George W. Bush's term in the White House.

Asked for comment, Yoo's lawyer, Miguel Estrada, said he signed an agreement with the Justice Department not to discuss the draft report. Lawyer Maureen Mahoney, who is representing Bybee, also declined to comment.

"The former employees have until May 4, 2009 to provide their comments on the draft report," states the letter from Assistant Attorney General Ronald Weich to Sens. Sheldon Whitehouse, D-R.I., and Dick Durbin, D-Ill.

Whitehouse has scheduled a hearing on the issue next week.

Now that the deadline has passed, there is little more for officials to do but make revisions to it based on the responses they've received, and decide how much, if any, of the findings should be made public.

Both Whitehouse and Durbin have pressed the Justice Department for more information about the progress of the investigation by the Office of Professional Responsibility.

The office examines possible ethics violations by Justice Department employees. On rare occasions, those inquiries become full-blown criminal investigations.

The language of the letter, dated Monday, indicates the inquiry will result in a final report.

The letter notes that Holder and his top deputy will have access to any information they need "to evaluate the final report and make determinations about appropriate next steps."

The results of the investigation were delayed late last year, when then-Attorney General Michael Mukasey and his deputy asked investigators to allow the lawyers a chance to respond to their findings, as is typically done for those who still work for the Justice Department.

Investigators also shared a draft copy with the CIA to review whether the findings contained any classified information. According to the letter, the CIA then requested to comment on the report.

[promaclaura]

The pyramid of naked men was very creative.
Posted by promaclaura
-----------------------------------
You were intrigued by that huh Laura?

')
Posted by TheMasses03 at 12:25 PM : May 6, 2009


No, actually I wasn't intrigued but very surprised. I would never have agreed to pose with the captives. It seemed depraved and preverted to me, this is why I don't give the soldiers a "free" pass, they proved their enjoyment a little too much.

[mrzerato]

Unfortunately those pictures also showed the captors "enjoyment" of their task, not a good thing to put on film. The pyramid of naked men was very creative.
Posted by promaclaura

Laura you should always try to enjoy your job, even if it is distasteful and illegal.

[mrzerato]

CBS Posting Rule #7:

Ignore all posts by AKA Donnie/William. Nothing constructive is derived with any discussions with Donnie/William.
Posted by TheMasses03

Yes yes it made it to number 7.

i will go back, work harder and find another

[mrzerato]

It's so obvious I don't even have to give examples, Obama was the "least examined" Presidential Candidate in history. I don't believe that Barack would be President if he was 100% white, I think the left-wing media promoted Barack "Hollywood" style and the masses were hypnotized. The only people that see it are those who do not hate/love Bush or Obama

ps a tinfoil hat would be fun at the Kentucky Derby.
Posted by promaclaura

I have asked many republicans/conservatives/independents to show examples of how they are in the tank for the democratic party. I have yet to get one example. I saw where you qualified your response by saying : "i believe". You want to believe the MSM are biased against your party or candidate.

I do agree that the media was focused on President Obama. But i believe it was a focus that he was the first black American that could and did win the election. I do not believe that they did not investigate him. He had wrote a book on his life. They investigated. They found nothing of importance.

[promaclaura]

then the soldiers who were convicted and are now in prison, should be released and records expunged. If they're not let go, then those who gave the go ahead on this should be taken to task and also convicted to the full letter of the law.
Posted by enriquecaliente

I agree. those people that was the scape goats should be released. It was a systemic problem, not a problem of a few bad apples
Posted by mrzerato at 12:17 PM : May 6, 2009

Unfortunately those pictures also showed the captors "enjoyment" of their task, not a good thing to put on film. The pyramid of naked men was very creative.

[mjinba07]

enriquecaliente -

The people at the top did not just condone the torture; They spearheaded it, ordered it, had their lawyers write memos in legalise to supposedly justify it, and they continue to defend it (listen to some of Cheney's FOX interviews) not only WITHOUT APOLOGY but also WITHOUT suggesting torture should be made legal at least under special circumstances - by changing the laws we put in place against it.

We hold ourselves up as defenders of democracy and liberty, while at the same time we're outrightly refusing to follow our own laws. (Let alone our commitment to the Geneva Convention.)

If we don't want to abandon all hope, this is an impossible state of affairs.

[mrzerato]

then the soldiers who were convicted and are now in prison, should be released and records expunged. If they're not let go, then those who gave the go ahead on this should be taken to task and also convicted to the full letter of the law.
Posted by enriquecaliente

I agree. those people that was the scape goats should be released. It was a systemic problem, not a problem of a few bad apples

[mrzerato]

CBS Posting Rule #4:

The poster known as wolfesbane, causeway, etc is to be avoided at all costs. If you do try to converse with this poster it WILL result in deeply offensive responses which will slander you personally and as an American.

Posted by TheMasses03

I really like this one about wolfie. LMAO

how about

#7 please ignore all posts by AKA donnie/william. Nothing good came of debating donnie/william/

[promaclaura]

The "left wing media" is the conspiracy. Jeez, your blinders are so big they should run you in the Kentucky Derby.
Posted by promaclaura

Of course it is. WINK WINK

You really need the tinfoil hat sombrero.

If I thought you had an open mind , I would ask you to give me an example.
Posted by mrzerato at 11:25 AM : May 6, 2009

The only thing I'll be open about is that ABC seems somewhat better than the rest. I'm sorry but the slobber fest with the rest of the bunch is too much. It's so obvious I don't even have to give examples, Obama was the "least examined" Presidential Candidate in history. I don't believe that Barack would be President if he was 100% white, I think the left-wing media promoted Barack "Hollywood" style and the masses were hypnotized. The only people that see it are those who do not hate/love Bush or Obama

ps a tinfoil hat would be fun at the Kentucky Derby.

[enriquecaliente]

If the people at the top who condoned this are allowed to get away with their involvement, then the soldiers who were convicted and are now in prison, should be released and records expunged. If they're not let go, then those who gave the go ahead on this should be taken to task and also convicted to the full letter of the law. By changing the name of what was done to "enhanced interrogation" from "torture" doesn't change anything.

Fact we hung people after WW2 for doing the same thing.
Fact we have signed treaties that state this is torture and that we would NOT engage in it.
Fact we signed the GENEVA convention which disallows torture.

[mrzerato]

You can make some up if you'd like.
Start with #7 and move forward.
Posted by TheMasses03

#7 Do not feed the trolls(do not respond to trolls)

[mrzerato]

CBS Posting Rule #5:

Even if you have researched and know what you are posting; you will be disbelieved and slandered for it.
Posted by TheMasses03

Let us shorten it. How about

Know- it -alls sound like liars

scorn accompanies knowledge

cbs posters hate due dilligence

[mjinba07]

Has anyone here read the Red Cross report on what we've done?

We have done very, very serious damage to our identity as a nation dedicated to democracy, law, and the goals of acting with more maturity and right behavior than the very terrorists we were trying to fight. Our highest level of government, very carefully, not only decided to torture individuals outside of the law but they documented their actions on levels congruent with Nazi Germany.

We have broken our own laws. The "legality" established by the Dept. of Justice was based on the premise that the Administration could do what ever they wanted without being held whatsoever accountable. Of course, what an irony that is - defending democracy by dismantling it?

I'm a supporter of Obama but am horrified that he isn't getting behind an independent commission to investigate, declassify and publicize what we did and then set a firm course for resolution, whether it's criminal charges or Presidential Pardon. This would be the only true way of "moving on."

The last time our nation had that kind of clarity and healing was with Richard Nixon after Watergate.

Until we can do this and re-establish our unity as a country, we're just running around the issue like a basement full of confused rats.

[mrzerato]

You said they altered the constitution.
Posted by endurorob

No I didn't, go back and check
Posted by mrzerato at 10:49 AM : May 6, 2009

My mistake. That was sturat that mentioned altering the constitution. But you all look alike to me.
Posted by endurorob

no problem rob. We do sound alike some times as do the conservatives. LOL

[mrzerato]

I had $2 on the winner to win.
Paid $103.20.
Posted by TheMasses03

masses gets the first round

[mrzerato]

The "left wing media" is the conspiracy. Jeez, your blinders are so big they should run you in the Kentucky Derby.
Posted by promaclaura

Of course it is. WINK WINK

You really need the tinfoil hat sombrero.

If I thought you had an open mind , I would ask you to give me an example.

[promaclaura]

The left wing media is so far up Obama's rear that you and your Sombrero won't fit.
Posted by promaclaura

So you can not name one conspiracy to which I would deserve a tinfoil sombrero.. LMAO And as usual you get your tinfoil hat ready for the MSM conspiracy theory. Please give me an example of ABC favoring president Obama
Posted by mrzerato at 11:03 AM : May 6, 2009


The "left wing media" is the conspiracy. Jeez, your blinders are so big they should run you in the Kentucky Derby.

[endurorob]

Thought I might direct everyones attention to the Chrysler story.

[mrzerato]

And what does 268 water boardings feed?
Posted by mrzerato
------------------------------
Intelligence .......................
Posted by TheMasses03

those two al qaeda members became very intelligent after their waterboarding

[mrzerato]

The left wing media is so far up Obama's rear that you and your Sombrero won't fit.
Posted by promaclaura

So you can not name one conspiracy to which I would deserve a tinfoil sombrero.. LMAO And as usual you get your tinfoil hat ready for the MSM conspiracy theory. Please give me an example of ABC favoring president Obama