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DOJ's Injustice Moderated

Concluding a threat which was somewhat close to my heart, the Dept. of Justice has cleared Bush administration attorneys targeted for memos they authored on interrogation techniques. In an act of unprecedented malice and intimidation, Obama initiated a witch-hunt on Bush officials who enforced policies with which he disagreed. Specifically, he directed the DOJ to investigate attorneys who had provided legal opinions confirming water-boarding and other enhanced interrogation measures were consistent with Geneva Convention requirements.

The President brought the power of the Department of Justice against attorneys of the former administration for providing a legal opinion with which he happened to disagree. I can imagine few examples of a more tyrannous and unprincipled assault on free-speech and democracy. Obama, through Attorney-General Holder, sought to punish civil servants for thinking differently than him (and the thinking was very plausibly correct on the substance).

DOJ originally concluded that the lawyers violated professional rules of conduct and sought disbarment (though the left demanded imprisonment). However, a final reviewer seems to have softened the conclusion to a mere reprimand. DOJ didn't explain the reversal, but noted the reviewer was "a highly respected career lawyer who acted without input from Holder." I'm certain the latter statement was meant to protect Holder from the reckless wrath of the bloodthirsty left, though it only serves to prove his truancy from the actual administration of justice.

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The right outcome.

Here's a view of the larger context.
http://www.tnr.com/article/books-and-arts/the-accountable-presidency

As of last Friday one of the parties in the investigation said he hadn't seen the report, so we shouldn't rely on this leak.

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I previously noted the likely DOJ reversal which would clear Bush administration lawyers of politically-driven disciplinary action for providing legal opinions on interrogation techniques. The 5-year witch-hunt has now concluded as expected, thoug... Read More