Bush administration lawyers who wrote memos blessing the waterboarding of terrorism suspects and other harsh interrogation tactics “exercised poor judgment” but will not face discipline for their actions, according to Justice Department correspondence sent to lawmakers late Friday.
The long-awaited conclusion marks a turnaround from recommendations against two of the lawyers by the department’s Office of Professional Responsibility. OPR, which conducts ethics investigations of Justice Department attorneys, twice urged that allegations against John C. Yoo and Jay S. Bybee be sent to state legal disciplinary authorities for further action, the correspondence said.
But the decision was overruled by David Margolis, a career lawyer in the Deputy Attorney General’s office, on Jan. 5, the letter said. Margolis “declined to adopt OPR’s findings of professional misconduct and concluded instead that Mr. Yoo and Mr. Bybee exercised poor judgment in connection with the drafting of the pertinent memoranda,” said the letter from Assistant Attorney General Ronald Weich.