Some of the brutal interrogation methods that Mr. Yoo and Mr. Bybee approved for use on Qaeda prisoners, including wall-slamming and the near-drowning of waterboarding, had never before been authorized in American history, and the United States had condemned such treatment as torture and abuse when used by other countries.
Um, perhaps because it is torture?
via Justice Department Report Finds John Yoo and Jay Bybee Not Guilty of Misconduct — NYTimes.com.
John Yoo, page 251
Jay Bybee, page 255
Steven Bradbury, page 258
Michael Chertoff, Adam Ciongoli, John Ashcroft, page 259
OPR Report On Torture Memos.
Based on the results of our investigation, we concluded that former Deputy AAG John Yoo committed intentional professional misconduct when he violated his duty to exercise independent legal judgment and render thorough, objective, and candid legal advice.
We found that former AAG Jay Bybee committed professional misconduct when he acted in reckless disregard of his duty to exercise independent legal judgment and render thorough, objective, and candid legal advice.
We did not fmd that the other Department officials involved in this matter committed professional misconduct in this matter.
Sadly, this is a document that looks only at whether Office of Legal Counsel staff performed according to professional standards as lawyers. Whatever their “professional responsibilities,” it is clear from even my cursory look that these government officials were participating in the justification of torture.
Notably absent are then-President Bush, Vice President Cheney, congressional leadership, CIA personnel, and members of the military who may have been complicit in our nation’s descent into barbarism in the name of their “war on terror.”
(A tip of the hat to Andrew Sullivan.)