They Showed "Poor Judgment" But Did Not Commit Professional Misconduct

The Associated Press' Matt Apuzzo reports:

WASHINGTON – Justice Department lawyers showed "poor judgment" but did not commit professional misconduct when they authorized CIA interrogators to use waterboarding and other harsh tactics at the height of the U.S. war on terrorism, an internal review released Friday found.

Assistant Deputy Attorney General David Margolis, the top nonpolitical Justice Department lawyer and a veteran of several administrations, called the legal memos "flawed" and said that, at every opportunity, they gave interrogators as much leeway as possible under U.S. torture laws. But he said Yoo and Bybee were not reckless and did not knowingly give incorrect advice, the standard for misconduct.

The Office of Professional Responsibility, led by another veteran career prosecutor, Mary Patrice Brown, disagreed.

"Situations of great stress, danger and fear do not relieve department attorneys of their duty to provide thorough, objective and candid legal advice, even if that advice is not what the client wants to hear," her team wrote in a report that criticized the memos for a "lack of thoroughness, objectivity and candor."

The internal report also faulted then-Attorney General John Ashcroft and then-Criminal Division chief Michael Chertoff for not scrutinizing the memos and recognizing their flaws, but the report did not cite them for misconduct.

Yoo is now a law professor at the University of California, Berkeley, and Bybee is a federal judge on the 9th U.S. Circuit Court of Appeals based in San Francisco. The decision spares them any immediate sanctions, though state bar associations could independently take up the matter.

The memos authorized CIA interrogators to use waterboarding, keep detainees naked, hold them in painful standing positions and keep them in the cold for long periods of time. Other techniques included depriving them of solid food and slapping them. Sleep deprivation, prolonged shackling and threats to a detainee's family were also used.