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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 — 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.
i. stand with israel
I listen to a lot of conservative talk radio. Confident masculine voices telling me the enemy is everywhere and victory is near — I often find it affirming: there’s a reason I don’t think that way. Last spring, many right-wing commentators made much of a Bloomberg poll that asked Americans, “Are you more sympathetic to Netanyahu or Obama?” Republicans picked the Israeli prime minister over their own president, 67 to 16 percent. There was a lot of affected shock that things had come to this. Rush Limbaugh said of Netanyahu that he wished “we had this kind of forceful moral, ethical clarity leading our own country”; Mark Levin described him as “the leader of the free world.” For a few days there I yelled quite a bit in my car.
The one conservative radio show I do find myself enjoying is hosted by Dennis Prager. At the Thanksgiving dinner of American radio personalities (Limbaugh is your jittery brother-in-law, Michael Savage is your racist uncle, Hugh Hewitt is Hugh Hewitt) Dennis Prager is the turkey-carving patriarch trying to keep the conversation moderately high-minded. While Prager obviously doesn’t like liberals — “The gaps between the left and right on almost every issue that matters are in fact unbridgeable,” he has said — he often invites them onto his show for debate, which is rare among right-wing hosts. Yet his gently exasperated take on the Obama–Netanyahu matchup was among the least charitable: “Those who do not confront evil resent those who do.”
Pairs of moose-dung earrings sold each year at Grizzly’s Gifts in Anchorage, Alaska:
An Alaskan brown bear was reported to have scratched its face with barnacled rocks, making it the first bear seen using tools since 1972, when a Svalbardian polar bear is alleged to have clubbed a seal in the head with a block of ice.
A former prison in Philadelphia that has served as a horror-movie set was being prepared as a detention center for protesters arrested at the upcoming Democratic National Convention, and presumptive Republican presidential nominee Donald Trump fired his campaign manager.
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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.'”