DOJ Lawyers Off The Hook For "Torture" Memos

If this report from Newsweek proves accurate, the already delusional pundits at MSNBC will become even more unhinged:

[A]n 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.

Who Is In Charge Of The Failed System?

If Bush had waited three days to publicly speak about the Northwest Airlines terrorist attack, the media would have demanded his head on a platter. In any event, the London Telegraph gives 10 reasons why the Obama administration gets an F in homeland security:

There is no more solemn duty for an American commander-in-chief than the martialling of “all elements of American power” – the phrase Obama himself used on Monday – to protect the people of the United States. In that key respect, Obama failed on Christmas Day, just as President George W. Bush failed on September 11th (though he succeeded in the seven years after that).

Yes, the buck stops in the Oval Office. Obama may have rather smugly given himself a “B+” for his 2008 performance but he gets an F for the events that led to Umar Farouk Abdulmutallab boarding a Detroit-bound plane in Amsterdam with a PETN bomb sewn into his underpants. He said today that a “systemic failure has occurred”. Well, he’s in charge of that system.

...In his studied desire to be the unBush by responding coolly to events like this, Obama is dangerously close to failing as a leader. Yes, it is good not to shoot from the hip and make broad assertions without the facts. But Obama took three days before speaking to the American people, emerging on Monday in between golf and tennis games in Hawaii to deliver a rather tepid address that significantly underplayed what happened. He described Abdulmutallab as an “isolated extremist” who “allegedly tried to ignite an explosive device on his body” – phrases that indicate a legalistic, downplaying approach that alarms rather than reassures. Today’s words showed a lot more fire and desire to get on top of things – we’ll see whether Obama follows through with action. In the meantime, he went snorkelling.

On this side of the Atlantic, Col. Ralph Peters (ret.) warns that we are dealing with the international equivalent of "Bill Ayers and the Weathermen, pampered kids unhappy with the world."

Despite limited Special Operations strikes beyond our recognized combat zones, we still don't accept the nature of the threat from jet-set jihadis. Our leaders and our military are obsessed with holding ground in Afghanistan -- even though al Qaeda's growth areas are in Yemen and Africa.

We voluntarily tie ourselves down, while our enemies focus on mobility. Worse, we've convinced ourselves that development aid (the left's all-purpose medicine) is the key to defeating al Qaeda.

That's utter nonsense. Abdulmutallab's a rich kid. He didn't come from a deprived background, bearing the grievances of the slum. He's a graduate of a top English university. And Osama bin Laden's from a super-rich family. How does building a footbridge in Afghanistan deter them?