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.