1 Boring Old Man

Justice Dept. Probes Torture Memo Legality
Investigation Focuses On Agency Lawyers Who May Have Advised Military Leaders That Torture Was Okay

The Justice Department is investigating whether agency lawyers improperly advised the military it could use harsh interrogation methods and concluded that President Bush’s wartime authority could not be limited by domestic law or international bans on torture. The findings outlined in a March 2003 memo have been included in an ongoing internal review about the CIA’s use of waterboarding, which simulates drowning, and whether top Justice officials crossed a line in authorizing it.

The department’s Office of Professional Responsibility, which is handling the investigation, generally does not publicly discuss what matters are under review. The office called Sen. Sheldon Whitehouse, D-R.I., on Thursday to confirm the expanded inquiry into the 2003 memo, according to his spokeswoman, Alex Swartsel. In a statement, Whitehouse said the investigation will shed light on how the Justice Department’s Office of Legal Counsel reached its conclusions in writing the memo. He said it will "help us discover what went wrong and how to put it right."

"The abject failure of legal scholarship in the Office of Legal Counsel’s analysis of torture suggests that what mattered was not that the reasoning was sound, or that the research was comprehensive, but that it delivered what the Bush administration wanted," Whitehouse said…

I really like Whitehouse. I’m expecting him to be in the White House in 2012 or 2016, unless he’s asked to join Obama in 2008. But "discover what went wrong and how to put it right" is too naive and soft for me. We know what went wrong.

John Yoo joined the Federalist Society in Law School, Clerked with two of its more prominant members, then was brought into the Department of Justice in 2001 with the Bush Administration [exact date unknown]. He received the Paul M. Bator Award for legal scholarship in 2001 probably in February [nominations were in by August 2000]. I can’t locate his C.V. any more. I think was on the Boalt Law School site a couple of weeks ago [but I’m not sure]. It’s not there now [but there can be little doubt that Yoo’s Scholarship was in line with the Federalist Society’s line]. So, John Yoo was picked to be in the Office of Legal Counsel at age 34 as an expert on Constitutional Law because of his Federalist Society connections and views. Within days of the 911 attack, he wrote a Memo declaring far reaching Presidential Powers. Thereafter he produced other Memos essentially approving Torture and Unwarranted Domestic Surveillance.

So, Whitehouse’s question, "what went wrong?" is easily answered. John Yoo, a Federalist Society idealogue, was appointed to the office that declared the Constitutionality of the Presidential actions before 09/11/2001. The plan to systematically bypass Congress and deify the Presidency antedated the fall of the Twin Trade Towers, meaning they premeditated their takeover of our government before they had any justification.

1. Takeover the Government
2. Invade Iraq
3. Respond to 911
4. Anything else …