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.

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Another About-Face?

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Salaita, Out

Sympathy deferred.

I have written before about Steven Salaita. Once a tenured professor of English at Virginia Tech, he resigned from that position on the strength of an offer from the University of Illinois-Urbana Champaign to serve in the American Indian Studies program. But in the summer of 2014, UIUC rescinded the offer, mainly over of a series of reprehensible Salaita tweets.

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Syria’s Forsaken Rebels

Has Washington given up on Syria?

Last week, I wrote about one of the troublesome byproducts of the Trump-Putin summit in Hamburg: a ceasefire in southwestern Syria that Israel worries will entrench Iranian control of that area bordering the Israeli Golan Heights. The day after my article came out, the Washington Post reported on another troubling decision that President Trump has made vis a vis Syria: Ending a CIA program that had provided arms and training to anti-Assad forces.

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The Democratic Party’s False Centrism

It's a duck.

Democrats are finally digging out of the wreckage the Obama years wrought, and are beginning to acknowledge the woes they visited upon themselves with their box-checking identity liberalism. So, yes, the opposition is moving forward in the Trump area, but toward what? Schizophrenia, apparently.

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Challenging Violent Speech—Unless It’s About Israel

The border of incitement.

The idea that speech can itself constitute an act of violence grows ever more popular among the left’s leading polemicists. They argue that employing a politically incorrect word can be triggering; that the wrong gender pronoun can provoke; that words and sentences and parts of speech are all acts of aggression in disguise. The left seeks to stop this violence, or less euphemistically: to silence this speech.

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Russian Undressing: An Explanation

Podcast: How bad is it?

On the first of this week’s COMMENTARY podcasts, Noah Rothman and Abe Greenwald join me to sort through—and we do it systematically, which is a first for us—what is going on with the Russia investigation and how it divides into three categories. There’s the question of the probe itself, there’s the question of collusion, and there’s the question of obstruction of justice. It’s really good. I mean it. Give a listen.

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