Report: DOJ ethics probe won’t recommend charges against authors of torture memos

posted at 8:10 pm on May 5, 2009 by Allahpundit

Just a recommendation, though. Holder might have other plans given that he’s already said he won’t prosecute CIA agents who acted on the memos — not that that’s done much to endear Obama to the agency. Can he and The One afford to disappoint the shrieking lefty base again?

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…

Investigators initially recommended professional sanctions against Bybee and Yoo, but not Bradbury, according to the person familiar with the matter. That would come in the form of recommendations to state bar associations, where the most severe possible punishment is disbarment.

Bybee is 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.

WaPo whispers that former Bush officials are lobbying the DOJ behind the scenes not to prosecute, perhaps with the logic that those who work for the Department today wouldn’t want to be tried themselves by a Department run by the other party in the future. A dilemma now for the nutroots: Throw their energy into getting Bybee disbarred and impeached, which seems like a longshot without any criminal charges being filed, or forget about them and go after the Bushies who used the memos to authorize the waterboarding? Smart money’s on the latter.


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krikey… will they make up their damned minds already?

cannonball on May 5, 2009 at 8:12 PM

Can he and The One afford to disappoint the shrieking lefty base again?

Maybe this is why they are no longer using drones???

Upstater85 on May 5, 2009 at 8:12 PM

Awww. Does this mean BHO won’t be prosecuted in four years?

jgapinoy on May 5, 2009 at 8:12 PM

Considering Pelosi would be in the dock, Military Tribunals are now good, and with the Taliban a hundred miles from atomic weapons, I am not that surprised.

rob verdi on May 5, 2009 at 8:13 PM

I don’t think the nutter lefties are going to be satisfied without a pound of flesh.

myrenovations on May 5, 2009 at 8:15 PM

I can’t wait until the next administration releases the classifed Scare Force One pictures and then decides to prosecute these morons.

deidre on May 5, 2009 at 8:15 PM

Well that’s a darn shame.

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(sarcasm tree)

Ugly on May 5, 2009 at 8:16 PM

Can’t the president just blame it on Mr. Holder since his is not an elected position?

Cindy Munford on May 5, 2009 at 8:17 PM

No what I think is going on is that the DOJ and State officials who are long termers fear an inquisition. If they open the floodgates to investigations that means all are in the free fire zone.

Those care diplomats and beaurocrats dont want to risk their comfy jobs. So the agencies themselves are against any action.

Obama will have to eat the nutroots anger.

William Amos on May 5, 2009 at 8:18 PM

Does this mean BHO won’t be prosecuted in four years?

jgapinoy on May 5, 2009 at 8:12 PM

That depends on what the Republics of Texas, Oklahoma, South Carolina, and Utah decide to do.

Limerick on May 5, 2009 at 8:19 PM

They can’t since there was no law that was broken! However, according to Mark Levin, they will throw the lawyers on the mercy of the BAR association (libs to the max) in order to have them (at least one a judge now) disbarred.

I really loathe these freaks!

vapig on May 5, 2009 at 8:19 PM

Awww. Does this mean BHO won’t be prosecuted in four years?

jgapinoy on May 5, 2009 at 8:12 PM

I was hoping they would make him clean trash up on the side of the road with Americorp or better yet be a janitor for the government owned GM.

Upstater85 on May 5, 2009 at 8:21 PM

I was hoping they would make him clean trash up on the side of the road with Americorp or better yet be a janitor for the government owned GM.

Upstater85 on May 5, 2009 at 8:21 PM

How about we just deport him back to Kenya???

doriangrey on May 5, 2009 at 8:26 PM

(Arguably) bad advice = ethics violation? Hmmm, I smell ethics violations against 2/3 of the legal profession.

Attila (Pillage Idiot) on May 5, 2009 at 8:27 PM

Upstater85 on May 5, 2009 at 8:21 PM

Capital ideas, my good man!

jgapinoy on May 5, 2009 at 8:27 PM

How about we just deport him back to Kenya???

doriangrey on May 5, 2009 at 8:26 PM

With or without Auntie?

Upstater85 on May 5, 2009 at 8:27 PM

Investigators initially recommended professional sanctions against Bybee and Yoo

Hmmmmm…..what’s the possibility of Holder being held to account regarding the Marc Rich affair? Maybe ‘disbarment’?

GarandFan on May 5, 2009 at 8:28 PM

OT: Per Ace and Iowahawk

BREAKING: TOPLESS PHOTO OF DITZY GAY-MARRIAGE OPPONENT SURFACES

deidre on May 5, 2009 at 8:28 PM

Capital ideas, my good man!

jgapinoy on May 5, 2009 at 8:27 PM

He said the C word!!! Ahhh the sky is falling!

Upstater85 on May 5, 2009 at 8:28 PM

With or without Auntie?

Upstater85 on May 5, 2009 at 8:27 PM

Hey, I’m not one to break up a family…. ;)

doriangrey on May 5, 2009 at 8:30 PM

OT: Per Ace and Iowahawk

BREAKING: TOPLESS PHOTO OF DITZY GAY-MARRIAGE OPPONENT SURFACES

deidre on May 5, 2009 at 8:28 PM

How scandalous…

doriangrey on May 5, 2009 at 8:31 PM

deidre on May 5, 2009 at 8:28 PM

hahahahaha!!!!

Ugly on May 5, 2009 at 8:32 PM

Hey, I’m not one to break up a family…. ;)

doriangrey on May 5, 2009 at 8:30 PM

Anchor Baby Precedent…

Upstater85 on May 5, 2009 at 8:33 PM

Want a recipe for a disaster……..?

…….. from all places, Homeland Security: (emphesis mine)

“Soon after taking office, the President called for a comprehensive review of the security and resiliency of the global digital infrastructure, a top priority in his administration.
By harnessing the efforts of all parts of the U.S. Government in partnership with academia, the private sector, the civil liberties community, international partners, the Congress and state and local governments, the United States will continue to innovate and adopt cutting edge technology, while enhancing national security and the global economy. “

I don’t know about you………..

…….. but I believe that these clowns are going to get a lot of us killed.

Seven Percent Solution on May 5, 2009 at 8:33 PM

No surprise, they are cowards. They laid this in repubs. lap in the media. NP got to shake her fingers at all of us serfs, and then they put it away….Because they were never going to show the magnificent job that Bush did in protecting us from these barbarians…and I mean the left…At least death by muslim barbarians is quick, this daily death is very aging.

It was also a distraction from all of their other bonehead moves that week….These guys will eventually run out of distractions….won’t they?

nondhimmie on May 5, 2009 at 8:34 PM

If the Democrats keep at this they’ll lose the moderate vote and be doomed to political irrelevancy. Oh, sorry, this thinking only applies to Republicans…

gwelf on May 5, 2009 at 8:35 PM

If the Democrats keep at this they’ll lose the moderate vote and be doomed to political irrelevancy. Oh, sorry, this thinking only applies to Republicans…

gwelf on May 5, 2009 at 8:35 PM

Yes, only republicans are small tenters, thus sayeth MegMac.

Upstater85 on May 5, 2009 at 8:36 PM

They can’t afford to placate the screaming hordes.

AnninCA on May 5, 2009 at 8:37 PM

Drudge has up now that Obama is considering trying to get the lawyers who wrote the memos disbarred…

Skywise on May 5, 2009 at 8:40 PM

I suspect that the CIA, which is now at a disadvantge because other intelligence services won’t trust them with confidential information, requested that this be ended, and soon.

As did Granny Pelosi, who can’t explain why she didn’t privately complain about waterboarding when Jane Harman did.

Wethal on May 5, 2009 at 8:46 PM

Drudge has up now that Obama is considering trying to get the lawyers who wrote the memos disbarred…

Skywise on May 5, 2009 at 8:40 PM

That can only be done by the individual states in which they are licensed. It is usually done by court disciplinary boards, not bar associations. All the lawyers did was give private advice to a client. The client could take it or leave it. If the client did not file a formal complaint with the disciplinary boards, and no criminal charges were filed, I can’t see what part of the Code is violated.

Wethal on May 5, 2009 at 8:50 PM

“The Republican Party is in deep trouble,” Powell told corporate security executives at a conference in Washington sponsored by Fortify Software Inc. The party must realize that the country has changed, he said. “Americans do want to pay taxes for services,” he said. “Americans are looking for more government in their life, not less.”

Is it just me or is Powell an idiot? I would like to meet someone who wants the government more involved in their life. I haven’t met one yet.

deidre on May 5, 2009 at 8:54 PM

A dilemma now for the nutroots:

If they were honest they would be agitatng for the prosecution of the guy killing innocent people with drones. So what if it’s necessary to win a war sooner than later. Since when did that matter?

Basilsbest on May 5, 2009 at 9:02 PM

I’m hoping the left kooks blow wads on money trying to pursue Bush. It will be money out the window that they would otherwise use to promote their other crazy causes. Bush will never be brought into court. Bank on it.

Hummer53 on May 5, 2009 at 9:05 PM

Is it just me or is Powell an idiot?

Colin Powell is a dishonorable pro abortion liberal, pretend Republican, who hung Bush out to dry when he did not speak up after Armitage outed Plame.

Basilsbest on May 5, 2009 at 9:07 PM

Told you so Told you so Don’t forget I told you so.

Terrye on May 5, 2009 at 9:09 PM

Democrats prefer abortion for torture.

seven on May 5, 2009 at 9:25 PM

They aren’t going to prosecute because they are cowards.

They know we’ll beat the pants off them if they try – LOL … even though we’re out of power!

Yawn … they talk a mean game – called Bush a “War Criminal” for years – but when their BIG CHANCE comes – they have nothing but impotent condemnations.

Pathetic.

HondaV65 on May 5, 2009 at 9:33 PM

I called this it is all just a media distraction they like to choose whats in the news cycle and the MSM is happy to comply.

Boring.

Dr Evil on May 5, 2009 at 9:58 PM

Actually, this has been the plan all along. That’s why Obama passed the ball off to Holder – so that Holder could determine that they wouldn’t do prosecutions, and thus Obama wouldn’t be held responsible by the nutroots for not doing it.

A classic Insulate the President™ moment.

Just imagine the type of discovery such prosecutions would entail. It would uncover all the memos and classified information that Obama has kept under wraps for fear of proving that their shrieking about torture is all political theater.

Seixon on May 5, 2009 at 10:01 PM

Again. Media distraction. A total and complete lack of integrity at the White House. I will say they desperately need to remember; “What you do, will come back to you.”

Griz on May 5, 2009 at 10:03 PM

Again. Media distraction. A total and complete lack of integrity athe White House. I will say they desperately need to remember; “What you do, will come back to you.”

Griz on May 5, 2009 at 10:03 PM

They are trying to beat the clock, this month Waxman will try to push through cap and trade, they know what’s coming in 2010.

I hope most of this stuff they are shoving through gets struck back down or not funded by a NEW Congress in 2011.
You know the way they don’t fund building the fence on our southern border, they passed the bill to build it. So when this stuff they passed comes up NO MONEY allocated for it.

Dr Evil on May 5, 2009 at 10:23 PM

forget about them and go after the Bushies who used the memos to authorize the waterboarding? Smart money’s on the latter.

The liberals have been yelling for the prosecution of Bush for years and watched it fall on deaf ears,especially within their own party.

They have had the power to impeach since 2006.
They have more power now than any party has had in recent history,and will “act” like they are going full barrel against Bush to satisfy the move on crowed,but will do little to nothing.

Obama’s own legal team knows this:


Obama’s legal team: Bush’s legal foes

By: Ben Smith
January 24, 2009 06:56 AM EST
http://dyn.politico.com/printstory.cfm?uuid=087DD63B-18FE-70B2-A805C734305F6FF1

If conservatives worry about narrowing the scope of executive power, particularly during a war or terror attack, the Obama lawyers have also drawn fire from the left for their arguments against prosecuting their predecessors.

Johnsen has described the Bush Administration’s conduct as “illegal” and Lederman wrote that former Attorney General Alberto Gonzales and other Bush aides appear to be guilty of “conspiracy to violate the Torture Act.”

But Lederman has disappointed other torture critics by making the case that Bush officials can’t be prosecuted, because they were following OLC’s formal advice.

“All of them believe that things were done that probably passed the threshold into criminal law, but that they wouldn’t be things that would trigger a prosecution or even an investigation, because of the existence of these OLC memos,” said Horton, who supports prosecution and said Lederman gives the memos “talismanic significance.”

I believe that their main purpose is to prosecute this through the press,not the courts.
All the Obama administration cares about is demonizing their opponents,thus giving them the reins of power even if they screw up royally like they have done in NY,CA,NJ,and MI.
Liberals have never cared about what is best for the country or the truth,only what brings them total power to push their ideology.

Obama will burn down our economic machine,leave us seriously venerable to outside threats with polices of capitulation and these idiots will still be whining and blaming Bush for years to come.

I am really going to enjoy watching the CIA burn this administration a new a$$hole for selling them out to go on this witch hunt.

Baxter Greene on May 5, 2009 at 10:24 PM

It reminds me of the Kerry testimony about Viet Nam, on one hand he cavalierly accused thousands of American soldiers of criminal acts, and yet they did not pursue any real criminal cases. There was only one such trial and it had nothing to do with John Kerry. All of that was political theater.

Terrye on May 5, 2009 at 10:36 PM

go after the Bushies who used the memos to authorize the waterboarding? Smart money’s on the latter.

Don’t see how that would work either if the former is abandoned.

drjohn on May 5, 2009 at 10:59 PM

Does anyone see the irony here of the Office of Professional Responsibility LEAKING a draft report? Doesn’t that violate the ethical responsibilites of the person leaking the report? For leaking an unfinished report? For leaking a report the subjects of which have not had a chance to respond to? Should the leaker be investigated for his or her own ethical violations? Subject to disbarment?
Seems the Justice Dept. is still fighting their war against the former Bush administration.

keioki on May 6, 2009 at 2:42 AM

Quick. Somebody better send the memo over to Christopher Dodd.

kens on May 6, 2009 at 9:07 AM