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Torture 'Margolized'

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Audio of John Yoo on what the president can do from 2005.

Cassel: If the president deems that he's got to torture somebody, including by crushing the testicles of the person's child, there is no law that can stop him?

Yoo: No treaty

Cassel: Also no law by Congress -- that is what you wrote in the August 2002 memo...

Yoo: I think it depends on why the President thinks he needs to do that.

This is f*&ked up. We need an explanation from David Margolis as to why he changed the original findings on Bybee and Yoo:

For weeks, the right has heckled Attorney General Eric Holder Jr. for his plans to try the alleged 9/11 conspirators in New York City and his handling of the Christmas bombing plot suspect. Now the left is going to be upset: an upcoming Justice Department report from its ethics-watchdog unit, the Office of Professional Responsibility (OPR), clears the Bush administration lawyers who authored the “torture” memos of professional-misconduct allegations.

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. (Under department rules, poor judgment does not constitute professional misconduct.) The shift is significant: the original finding would have triggered a referral to state bar associations for potential disciplinary action—which, in Bybee’s case, could have led to an impeachment inquiry...read on

There's plenty more to be disturbed about in this report.

Digby has more:

Two of the most controversial sections of the 2002 memo—including one contending that the president, as commander in chief, can override a federal law banning torture—were not in the original draft of the memo, say the sources. But when Michael Chertoff, then-chief of Justice’s criminal division, refused the CIA’s request for a blanket pledge not to prosecute its officers for torture, Yoo met at the White House with David Addington, Dick Cheney’s chief counsel, and then–White House counsel Alberto Gonzales.

After that, Yoo inserted a section about the commander in chief’s wartime powers and another saying that agency officers accused of torturing Qaeda suspects could claim they were acting in “self-defense” to prevent future terror attacks, the sources say. Both legal claims have long since been rejected by Justice officials as overly broad and unsupported by legal precedent.

That's excellent news. Now we know that all the president ever has to do is call in a legal functionary and have him write a memo legalizing whatever he wants to do and he's good to go. I feel safer already.

You know how I feel about Judge Bybee already and Margolis should have done the right thing. Did anyone order him to make these changes? And it sure pays to stack the OLC with your own flunkies for personal gain. Look what Bush and Cheney are getting away with because of these cronies.

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45 Comments
scooter's picture

and that's saying quite a lot, since they're almost all snakes.

ysbaddaden's picture
)O(

All righty...then...


Diabolus est Deus Inversus

Ape-Man's picture

The cronies that protect these criminals from prosecution will be remembered by history.


"Government by organized money is just as dangerous as Government by organized mob"
-= Franklin Delano Roosevelt =-

BobD's picture

Who really cares about "their standing in history"? I don't want to see them "tried in the courts of history" I want to see them tried today and then see them rotting in jail.

DevilDog21's picture

...this time around, will be magnified ten-fold next time around. We'ver already seen that as a result of not going after the real perpetrators of Watergate.

behavior to be repeated and even expanded. Good job DOJ. Who are you representing and why?

By and large the DOJ is representing the DOJ and ALL their cronies.

Recall that outside a few key appointments Obama KEPT the ENTIRE Bush-Cheney DOJ.

It is customary for an incoming president to request the resignations of the ENTIRE DOJ, then re-hire those few the new president wants to keep and appoint NEW DOJ personnel in all other positions.

Obama did not do that.


When will government of the people, by the politicians, for the corporations perish from this Earth?

Not soon enough!

savannah43's picture

up my ears. His second one finished him from my perspective. Now I just find him boring. Thank God for mute buttons.

Paul's picture

that this is turning out to be Bush's 3rd term. I often think that all the smears and hate by the propagandists like Fox Fraudcasting is just so much diversionary noise to keep people from realizing that nothing has changed. Nothing at all that is worth anything of substance.

savannah43's picture

I just happened to be reminded about the Wolfowitz Doctrine. What a lucky stumble. Scooter Libby was Wolfie's deputy, with Cheney as , what was he under Bush #1? Secretary of Defense. What a bunch of reprehensible dishonest evil bastards. Google this doctrine. Good to review.

Michelle's picture

This is exactly why Repugs don't change. I whole-heartedly agree with Legal Schnauzer on this one.

Bill Clinton, elected to clean up Republican messes in 1992, let the Reagan and George H.W. Bush administrations off the hook for their probable crimes. Now, Obama appears to be doing the same thing with the George W. Bush administration.

If Obama really wants Republicans to change--and it would be good for the GOP, and our country, if they did--he has to use the right kind of force. Republicans are like spoiled brats, who need several whacks on their collective fanny with a paddle. Until that happens, they will continue to engage in destructive behavior.

Nailed it, IMHO.


I pledge allegiance to the Constitution of the United States of America, and to the republic which it established, one nation from many peoples, promising liberty and justice for all

Nangleator's picture

And now that they've legalized torture and floated the ideas of concentration camps and genocide and death panels...

The next rethug administration is going to be even worse.

At least we won't know about it. All our media will make us believe things are peachy.

This is insane a Piece of Slimy Trash is given the green light to go ahead with his life while DESTROYING the lives of so many innocent Americans.

Will someone please tell me when this Administration is going to turn keys of the White House OVER to the Financial and Corporate Institutions of this country. It is made very clear they have NO Intention of prosecuting anyone other then some chump who they will hype as a real bad guy. I do not want to here we are making peace we are unifying the Country, YOU are Selling us OUT.

These THIEVES LIARS and CHEATS have it in writing, Tape and admitted openly that they committed the crimes but this administration under the direction of the SELL OUT EMMAUEL would rather sell America out then prosecute its VILLIANS.

Case and point a week or two back a disgruntled customer threatened to rob the bank that screwed up in charges on his account needless to say the PUKES GARBAGE and TRASH arrested him at his home they were on him like a wet blanket at a jerk off party but that is a little shit this piece of SHIT that was cleared is again entitled with the NAZI RACIST Republican Party to commit the same crimes again thanks you worthless pieces of SHIT called a justice department I sure hope the SELL OUT was worth it.,

curtilingus's picture

I sense anger.

Paul's picture

And Obama was the one who chose Emanuel. Obama is getting exactly what he wants.

ysbaddaden's picture
)O(

Diabolus est Deus Inversus

BigD145's picture

Crushing the testicles of a child? That can't possibly have any international consequences.

Edwin's picture

Pre-emptive strikes + agency officers accused of torturing Qaeda suspects could claim they were acting in “self-defense” to prevent future terror attacks

Pretty much opens the floodgates for the U$AInc. to do whatever it damn well pleases anywhere on the globe, even if the other 6 BILLION people, living here too, disagree. Nice.


far left loon >.<

Edwin's picture

...crushing the testicles of the person's child, there is no law that can stop him?

Great land of LIBERTY??? Spare me. Sickening.


far left loon >.<

Paul's picture

a psychopath. That's the kind of reasoning that psychopaths use.

Tom The Patriot's picture

And war crimes. And war profiteering. And illegal spying on Americans.

gonf's picture

Of iron balls and get to work on war crimes. He said no one is above the law, it's time to put that into action.


Is it the 21st century yet?

Paul's picture

that the only thing Obama is about is words. He begins with words and ends with words. Lift the hood to see what's underneath, and behold! There's nothing there. He's a willing puppet. Nothing more.

virtue's picture

"Now we know that all the president ever has to do is call in a legal functionary and have him write a memo legalizing whatever he wants to and he's good to go."

Those who like to portray themselves as "critical thinkers" should have already known this.
"Rule of law" doesn't work because you're allowing humans to decide what "law" is and how it's interpreted. That "rule of law" thing does nothing more than move humanity from knowing right from wrong.

project's picture

That we live in a country that has no law! Where if you are connected you can do anything and still have the ability to injure someone else from the position you should not have? God you gotta hate these sorry scum. The GOP have almost totally destroyed our country and 25% of the country is just fine with it right now. I can't wait to hear the cries and moans when it gets to them. It will, you can't do this much bad shit to this many people without having blow back on you.
Why the hell do you think we have terrorist in the middle east in the first place? If we had been dealing honestly and fairly with everyone to start with we wouldn't have the terrorist problem we have.
I know some of you neo/idiot/GOP/republicans think I am talking about you but no not the little people it's the big money people that have caused all the problems over the entire planet. If they are not regulated, forced to be honest, you get what we have gotten.

republicanism/conservatism is a mental illness!

corporations? Who are the major shareholders? Who benefits from all this sleaziness? The tea-baggers are nothing. A distraction from the real problem.

Paul's picture

but they only apply to (or against) the poor and those without the means to defend themselves from the predations or crimes of those who are above the law.

ozma10's picture

OK so as I see it, then, Obama could LEGALLY detain and torture...say, Dick 'the duck hunter' Cheney??? Maybe throw in some Karl Rove while he's at it just to see if all the energy meetings were constitutionally correct?? I think we need to put pressure on this administration to use the powers given it through G W's courts. Let's see if they stand behind their rulings. I say massive emails to the white House and congress demanding Cheney and Rove be detained. As for Bush I think we better get creative!! He deserves the something more.

goes: He is not very bright. He could NOT have possibly run the show when he was in office. It was Cheney, Rove, and the rest of the neo-cons, including Kristol. They all deserve "special treatment" before the puppet does, at least in my opinion.

MountainMan23's picture

The Center for Constitutional Rights sued Ashcroft on behalf of Arar for Arar's kidnapping and rendition to Syria where he was tortured.

His case was thrown out by lower courts; it now goes to the Supreme Court.

CCR Asks Supreme Court to Give Canadian Rendition Victim Maher Arar His Day in Court

Arar Seeks to Hold U.S. Officials Accountable for Complicity in Torture

NEW YORK - February 1 - Today, the Center for Constitutional Rights (CCR) asked the United States Supreme Court to take up the case of Canadian citizen Maher Arar against U.S. officials for sending him to Syria to be interrogated under torture and arbitrarily detained for a year. Lower courts concluded that Mr. Arar's suit could not proceed because it raised sensitive foreign policy and secrecy issues. If the Court of Appeals' ruling is allowed to stand, the federal officials involved will effectively be immunized from any civil legal accountability for what they did to an innocent man. ...

More at link


When will government of the people, by the politicians, for the corporations perish from this Earth?

Not soon enough!

Paul's picture

decides for lawless totalitarianism, Canada should sever relations.

savannah43's picture

.

Edwin's picture

If we get too "uppity" we expect the invasion to follow immediately.


far left loon >.<

ysbaddaden's picture
)O(

Mon, 02/01/2010 - 14:23 — Paul

Canada should sever relations.
______________________________________________

What did their relatives do to them?


Diabolus est Deus Inversus

ysbaddaden's picture
)O(

Diabolus est Deus Inversus

Paul's picture

can now be dismissed as mere instances of poor judgement, can they?

this country is so fucked.

ozma10's picture

yes 'special treatment'.......maybe even 'enhanced special treatment'!

MWing's picture

Bush/Cheney and the other criminals…..still walk among us- still lurking out there.
Scary stuff. ...


LuLu

Old Billy's picture

MY COUNTRY DOES NOT TORTURE.

Who are these people, and what have they done with my country?

This is a war crime. This is illegal.

What is so hard to understand here?

Fuck these fucking enablers if they let the torturers get away with it.

This shit pisses me off.

ysbaddaden's picture
)O(

Really?

I can't do both at the same time.


Diabolus est Deus Inversus

ysbaddaden's picture
)O(

I ain't no lawyer, but by phrasing this memo so they don't lose their license

Could they be setting them up for a criminal fall, because if they weren't ignorant or incompetent in the law, they're criminally liable as at least accessories before, during and after the act, as well as lying to investigators.

And if convicted they lose their license anyway.

But that would require Obama to have a spine that's not lime Jello

He doesn't even have the decency to have Tutti-Frutti.


Diabolus est Deus Inversus

ysbaddaden's picture
)O(

Diabolus est Deus Inversus

stepsinit's picture

It is becoming more and more clear that there is no longer any such thing as "democracy" in America. Time and time again, we see the well-connected escape, not only from punishment, but even investigation.

Where's the investigation into America's committing a War of Aggression (a crime for which German General Jodl was HANGED at Nuremburg)under false pretenses? Why do the Wall Street Crowd continue to pull down bonuses larger than the GNP of some countries? For that matter, is ANYONE, EVER, going to actually do a real investigation into the events of 9-11?

I'm sorry to admit it, but it has become plainly evident that "democracy", used in the context of the United States of America, is a sham and a lie. Rather, the form of government is best described as a "fascist kleptocracy" - seen in that light, it is no wonder at all that people like John Woo can recommend the crushing of a child's testicles on the whim of a President - and then be exonerated for his innocently-offered advice.

In better days, an American President wouldn't have tortured a child even if it meant the loss of a hundred thousand lives - because a commitment to principles, values and the rule of law is more fundamental to what USED to be considered America than any number of Americans.


At the risk of seeming ridiculous, let me say that the true revolutionary is guided by a great feeling of love.

ysbaddaden's picture
)O(

They have on the events at 9-11, just not how first responders were exposed to dangerous conditions without telling them, and how false evidence led from that event to invading Iraq.


Diabolus est Deus Inversus

neverbeenfooled's picture

This decision amounts to an approval for a**holes like these to do it again, and probably push the envelope further.

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