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Posts Tagged ‘Office of Professional Responsibility’

Yoo: ‘Sure,’ The President Could Order A Village Of Civilians Massacred

TPM Muckraker

Justin Elliott | February 22, 2010, 10:10AM

In John Yoo’s vision of executive power, the president can legally order a village of civilians “massacred,” according to the internal Justice Department report released Friday.

But in a letter (.pdf) sent to the DOJ last October, Yoo’s lawyer, Miguel Estrada, accused the DOJ’s Office of Professional Responsibility of ripping “out of context” Yoo’s statement on the massacre question.

Estrada argues that OPR included the exchange “in an effort to shock the reader and to make clear to all right-thinking people that Professor Yoo is a bad man, indeed.” (See page 5 of the letter.)

The massacre exchange comes during the OPR report’s discussion of Yoo’s August 2002 memo (.pdf) that is widely seen as one of the key opinions authorizing torture.

The document — which is known as the Bybee Memo because it was signed by Yoo’s boss at the Office of Legal Counsel, Assistant Attorney General Jay Bybee — argues that the U.S. law banning torture would be unconstitutional if it “impermissibly encroached” on the president’s commander-in-chief power.

An OPR investigator asked Yoo “to explain how the torture statute would interfere with the President’s war making abilities.” Here’s the back-and-forth that followed, which is quoted in the OPR report and was first caught by Michael Isikoff at Newsweek:

MORE HERE

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Justice probe may pose ‘enormous consequences’ for Bush officials

Raw Story- David Edwards and Stephen C. Webster
Published: Tuesday February 17, 2009

A Department of Justice report has called into question the entire legal basis of the Bush administration’s repeated justifications of abusing prisoners captured in the former president’s terror war. According to Monday night’s guest on MSNBC’s The Rachael Maddow Show, the “consequences” of some of the report’s findings could be “enormous” for members of the Bush administration.

A draft of the report from the Office of Professional Responsibility, the department’s watchdog unit, was submitted during the waning days of the Bush administration, but former Attorney General Michael Mukasey objected to it, according to a Monday report by Newsweek reporter Michael Isikoff.

“The [Justice Department] report is expected to focus on three former officials of the Office of Legal Counsel, the Justice Department office that advises the executive branch on the interpretation of the law,” reports the International Herald Tribune. “They are John Yoo, a Berkeley law professor, now a visiting professor at Chapman University, who was the primary author of opinions on torture while at the counsel’s office in 2002; Jay Bybee, now a judge on the U.S. 9th Circuit Court of Appeals, who as head of the office signed the 2002 opinions, which were later withdrawn; and Steven Bradbury, who wrote three more still-secret opinions on interrogation in 2005, when he was the top lawyer in the counsel’s office.”

Mukasey and his deputy wanted the report to contain responses from Bybee and Yoo, along with Steven Bradbury, chief of the Office of Legal Counsel (OLC), at the time the report was submitted.

The OPR is now working to include the ex-officials’ responses before presenting a final version to Attorney General Eric Holder Jr. If Holder accepts the report’s findings, it could be forwarded to state bar associations which may choose to disbar the attorneys.

On Monday night’s The Rachael Maddow Show, Isikoff took time to shed additional light on the subject, offering several stark possibilities.

VIDEO AND MORE HERE

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