Another About-Face?

In a remarkable and entirely welcome reversal, the Eric Holder Justice Department has retreated in its effort to pursue ethics charges against Bush administration lawyers who authored memos on enhanced interrogation. Newsweek reports on the internal probe by the Justice Department’s Office of Professional Responsibility (OPR):

While the probe is sharply critical of the legal reasoning used to justify waterboarding and other “enhanced” interrogation techniques, NEWSWEEK has learned that a senior Justice official who did the final review of the report softened an earlier OPR finding. Previously, the report concluded that two key authors—Jay Bybee, now a federal appellate court judge, and John Yoo, now a law professor—violated their professional obligations as lawyers when they crafted a crucial 2002 memo approving the use of harsh tactics, say two Justice sources who asked for anonymity discussing an internal matter. But the reviewer, career veteran David Margolis, downgraded that assessment to say they showed “poor judgment,” say the sources.

A draft report prepared in the waning days of the Bush administration by OPR was roundly criticized by departing Attorney General Michael Mukasey and his deputy Mark Filip. As I reported previously:

One former Justice official with knowledge of the matter says, “It is safe to say they had a number of concerns about the draft report both as to the timing and the substance” of the work by OPR. There is, this official reports, “institutional unease by senior career people” at Justice that good faith legal work may place attorneys in peril. “The department won’t be able to attract the best and the brightest. You really want lawyers who will give candid legal advice.”

But the question remains why, and why now, the department has come to its senses. Newsweek pointedly observes: “A Justice official declined to explain why David Margolis softened the original finding, but noted that he is a highly respected career lawyer who acted without input from Holder.” One can speculate that some group of career attorneys, with no love lost for the Bush administration, nevertheless found the prospect of disbarring two of their own for good-faith legal work to be a bridge too far in the partisan wars. And it may be that as the wheels come off the ideology-driven Holder-Obama approach to terrorism (e.g., widespread criticism of the handling of the Christmas Day bombing, reversal of the decision to try KSM in New York), this was one more ill-conceived crusade that the Obami did not need.

0
Shares
Google+ Print

Another About-Face?

Must-Reads from Magazine

We Need to Talk About Genetic Engineering

Sleepwalking toward a revolution.

The most important news of the week was buried underneath an avalanche of dispatches involving palace intrigue in the White House and the Republican Party’s effort to deconstruct the Affordable Care Act. A team of scientists at the Oregon Health and Science University had, according to the MIT Technology Review, used a relatively new gene-editing technique to alter the DNA of a single-cell human embryo.

10
Shares
Google+ Print

A Man With a Plan?

Podcast: Is it a purge or a plan? Or both!

On the second of this week’s podcasts, I get into it with Noah Rothman on whether the president’s behavior toward his attorney general and the new White House communications director’s conduct toward the White House chief of staff constitute a “plan” of action or whether we are just living through nihilistic chaos. Where does Abe Greenwald come out? You’ll have to give a listen.

2
Shares
Google+ Print

Playing Transgender Politics

Posturing, not policy.

On Wednesday morning, at 8:55 a.m., President Trump tweeted: “After consultation with my Generals and military experts, please be advised that the United States Government will not accept or allow…” Many in the Pentagon wondered if he was announcing military action against North Korea, which, according to new intelligence estimates, is set to field a nuclear-tipped ICBM as early as next year. Not until nine minutes later was the suspense lifted with another presidential tweet: “…Transgender individuals to serve in any capacity in the U.S. Military.”

15
Shares
Google+ Print

A Secularist vs. the Progressive Faith

A double standard is, in fact, a standard. Just an immoral one.

Really it should come as no surprise that the scientist and outspoken atheist Richard Dawkins is the latest public figure to have fallen victim to a disinviting mania. After all, if a darling of the left feminist like Germaine Greer can face a campaign to silence her over her views on transgenderism or a woman of color like Ayaan Hirsi Ali can face similar attempts to have her free speech on campus canceled, why should Dawkins be spared?

57
Shares
Google+ Print

Unmasking Is Not a Distraction

Democrats will regret treating this as a partisan issue.

Whenever a former Obama administration official’s name comes up in the process of investigating the Trump campaign’s alleged links to Russian sources, Democrats take the position that the right’s penchant for “whataboutism” neutralizes the implication of wrongdoing. The Democratic objective is to shame those who are committed to crafting a full and unbiased portrait of the events of 2016 into ignoring inconvenient facts, but the Republican-led Senate Intelligence Committee remains unintimidated.

15
Shares
Google+ Print