The Obama Administration continued the tradition of the “Friday night dump” by just releasing the Justice Department report on former Justice officials John Yoo, Jay Bybee and Steven Bradbury. The report is linked below. The Justice Department confirmed that the investigation originally found professional misconduct by Yoo and Bybee, but an unnamed high-ranking official at the Office of Professional Responsibility overruled the finding to avoid any professional action against them. I discussed the story on this segment of Countdown.
Now the report merely states that the men “exercised poor judgment.” That is a remarkable downgrade from the Nuremberg prosecutions of lawyers and judges for war crimes to the Obama Administration saying that support of torture is a matter of “poor judgment.” Poor judgment is when you invite the NRA’s Wayne LaPierre and Susan Brady to a small dinner party. Arguing for torture and misrepresenting settled law to facilitate a torture program is usually viewed as something of a slightly higher order than “poor judgment” or “bad form.”
That is why the movie was not called “Poor Judgment at Nuremberg.”
Now we are left with a former Vice President who proclaims proudly his support for torture and lawyers who will face no repercussions for their role — and of course an Administration that is refusing to even investigate war crimes. In the meantime, Bybee will continue to rule on cases as an appellate judge under a lifetime appointment – due to the failure of the Democrats to block the nomination.
How did we come to this ignoble moment?
Here is the report: OPR Report