Apparently, concocting memoranda that provide the fig leaf of legality for war crimes is nothing more than “poor judgment.” It pains me to say this, but shame on the Obama Justice Department. The only reason I can possibly come up with, why a senior lawyer at Justice, Assistant Deputy Attorney General David Margolis, would overrule the findings of the Office of Professional Responsibility, which would have found the three lawyers in question, sitting judge Jay Bybee and “unitary executive” inventor John Yoo guilty of professional misconduct, is that maybe the Justice Department fears that such sanction could provide fuel for the torture investigations taking place in Spain?. Who knows, but if that is the case, it wreaks of rank cowardice. Mother Jones, your witness:
The department’s experts in professional conduct saw this as a slam-dunk case. Yoo, they found, “committed intentional professional misconduct when he violated his duty to exercise independent legal judgment and render thorough, objective, and candid legal advice.” Bybee, they noted, acted in “reckless disregard” of his obligations to provide independent legal analysis. Yet because Margolis believes Yoo and Bybee committed these significant errors in good faith, he has given them a pass.
Congress plans hearings on the report, and the Center for Constitutional Rights has issued a statement saying that Bybee, who is currently serving as a federal appeals court judge, should be impeached.
Fat chance of that, Mother. As it stands, it seems certain that no one in the Bush-Cheney administration will ever be held to account for sanctioning and practicing torture — a war crime — under the guise of fighting their “war on terror.” Worst of all, Cheney and the neocons know it.