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Remember those memoranda about torture that President Bush and Vice President Cheney both stressed they relied upon in deciding to torture prisoners? It looks like the Justice Department’s own ethics experts have had a look, and concluded that the memos in question are professionally incompetent—not worth the paper they’re written on.
The long expected ethics report prepared by the Justice Department’s Office of Professional Responsibility (OPR) addressing a number of memoranda crafted by John Yoo and his successor, Stephen Bradbury, was completed before the Bush team left office. The OPR report addressed the infamous torture memorandum and a number of others. The Office of Legal Counsel (OLC) memoranda of this era collectively became so infamous and drew so many formal rebukes from the organized bar and legal sources that President Obama set all OLC memoranda in certain subject matters out of force as one of his first official acts as president. Now it turns out that Attorney General Mukasey and his Federalist Society sidekick, Mark Filip, were livid about the OPR report and took steps to squelch it. Michael Isikoff reports in Newsweek:
According to two knowledgeable sources who asked not to be identified discussing sensitive matters, a draft of the report was submitted in the final weeks of the Bush administration. It sharply criticized the legal work of two former top officials—Jay Bybee and John Yoo—as well as that of Steven Bradbury, who was chief of the Office of Legal Counsel (OLC) at the time the report was submitted, the sources said. (Bybee, Yoo, and Bradbury did not respond to multiple requests for comment.)
But then–Attorney General Michael Mukasey and his deputy, Mark Filip, strongly objected to the draft, according to the sources. Filip wanted the report to include responses from all three principals, said one of the sources, a former top Bush Administration lawyer. (Mukasey could not be reached; his former chief of staff did not respond to requests for comment. Filip also did not return a phone message.) OPR is now seeking to include the responses before a final version is presented to Attorney General Eric Holder Jr. “The matter is under review,” said Justice spokesman Matthew Miller.
Why were Mukasey and Filip so troubled by the report? We won’t know for sure before we’ve seen it, which may still be a few weeks away. But we already know enough to venture a good guess. Mukasey repeatedly gave speeches in which he argued that no prosecutions were appropriate in cases in which administration figures—such as Bush and Cheney—relied on the OLC memos. If those memos were judged incompetent by his own ethics experts (as they already have been by ethics experts outside the Department), Mukasey’s position is going to look very foolish. In fact, Mukasey collapsed to the floor right after delivering an argument in favor of the reliance-on-OLC-memo defense. We may have just been given a reason why–it now appears that this was just about the time he learned of the OPR report that crushes that very thesis.
More from Scott Horton:
Conversation — August 5, 2016, 12:08 pm
Sidney Blumenthal on the origins of the Republican Party, the fallout from Clinton’s emails, and his new biography of Abraham Lincoln
Conversation — March 30, 2016, 3:44 pm
Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.
Flor Arely Sánchez had been in bed with a fever and pains throughout her body for three days when a July thunderstorm broke over the mountainside. She got nervous when bolts of light flashed in the sky. Lightning strikes the San Julián region of western El Salvador several times a year, and her neighbors fear storms more than they fear the march of diseases — first dengue, then chikungunya, now Zika. Flor worried about a lot of things, since she was pregnant.
Late in the afternoon, when the pains had somewhat eased, Flor thought she might go to a dammed-up bit of the river near her house to bathe. She is thirty-five and has lived in the same place all her life, where wrinkled hills are planted with corn, beans, and fruit trees. She took a towel and soap and walked out into the rain. Halfway to the river, the pains returned and overcame her. The next thing Flor remembers, she was in a room she didn’t recognize, unable to move. As she soon discovered, she was in a hospital, her ankle cuffed to the bed, and she was being investigated for abortion.
Average duration of a Japanese prime minister’s tenure since August 1993, in months:
Brain shrinkage has no effect on cognition.
An Indianapolis fertility doctor was accused of using his own sperm to artificially inseminate patients, and a Delaware man pleaded guilty to fatally stabbing his former psychiatrist.
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“Matt was happy enough to sustain himself on the detritus of a world he saw as careening toward self-destruction, and equally happy to scam a government he despised. 'I’m glad everyone’s so wasteful,' he told me. 'It supports my lifestyle.'”