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Ear to the Ground

Waterboard Memo Authors Won’t Be Investigated

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Posted on Feb 21, 2010
Yoo
Wikimedia Commons / YooTube

John Yoo will not be federally investigated on allegations related to waterboarding.

Officially closing the hotly contested chapter on how the Bush administration conducted its war on terror, the Justice Department has rejected calls for ethics investigations against the two lawyers who wrote and signed off on the memos justifying the waterboarding of detainees.

John Yoo and Jay Bybee will not be investigated by the Justice Department regarding their conduct while working at the Bush White House, though they may be referred to state authorities who have the power to revoke the lawyers’ licenses. —JCL

The Telegraph:

The decision brings to a close a bitterly-debated chapter in the debate about how the Bush administration fought the war on terror in the wake of the Sept 11 attacks on New York and Washington.

After five years of heated internal wrangling, the justice department has rejected calls by its own ethics investigators for tougher measures against the two men.

They had recommended that the cases against John Yoo, now a law professor at the University of California, and Jay Bybee, now a federal appeals judge in Nevada, should be referred to state authorities for further action that could have included revoking their law licences.

Mr Yoo drew up the initial memo authorising extreme interrogation techniques in August 2002 in the febrile atmosphere shortly after the capture of Abu Zubaydah, a top al Qaeda operative. Mr Bybee then signed off on the advice for the White House.

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By moni, February 22, 2010 at 8:40 pm Link to this comment
(Unregistered commenter)

By MarthaA, February 22 at 4:59 pm #

All people that are for torture, should be tortured, to determine the courage of their convictions, beginning with Cheney.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~```````
Well . . . maybe he’s getting a litle taste of torture now.  It’s been reported he’s been hospitalized tonight. His previous hospitalizations, however, only seem to have contributed to his sadism.

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By MarthaA, February 22, 2010 at 7:33 pm Link to this comment

Mind control and understanding Shutter Island—
February 21, 2010 The Free Press by Bob Fitrakis http://www.freepress.org/columns/display/3/2010/1811

“J.S. Bybee, now a federal judge, and John Yoo, now a professor at the University of Califormia Berkeley, serve in the renewed roles of Operation Paperclip Nazi war criminals brought to the United States following World War II. There is little difference between Bybee/Yoo and von Braun/Strughold.”

Rights Groups Present New Documents that Show Congress Knew More about CIA Rendition, Secret Detention, and Torture Than Previously Disclosed
Evidence Points to Cheney Counsel’s Role in Authorizing Torture - http://www.commondreams.org/newswire/2010/02/22-1

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By MarthaA, February 22, 2010 at 12:59 pm Link to this comment

All people that are for torture, should be tortured, to determine the courage of their convictions, beginning with Cheney.

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By Jim Yell, February 22, 2010 at 8:08 am Link to this comment
(Unregistered commenter)

If there is no punishment to lying and breaking the laws, then there is no brake on this sorry behavior being repeated.

Our whole system was created to keep individuals or exclusive groups from having complete control over our society. The group that created this crime, largely the Republicans, the right wing, the military adventurers have used security as a code word for over-throwing the democracy and Constition.

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By dihey, February 22, 2010 at 7:36 am Link to this comment

Ever since January 2009 it has been known that President Obama and his secretary of Justice have self-inflicted neck cramps that is to say pretend to be unable to look backwards. To me this is not news but olds.

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By thecrow, February 22, 2010 at 6:17 am Link to this comment

“(a) Offense.— Whoever, whether inside or outside the United States, commits a war crime, in any of the circumstances described in subsection (b), shall be fined under this title or imprisoned for life or any term of years, or both, and if death results to the victim, shall also be subject to the penalty of death.”

“(A) Torture.— The act of a person who commits, or conspires or attempts to commit, an act specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control for the purpose of obtaining information or a confession, punishment, intimidation, coercion, or any reason based on discrimination of any kind.

(B) Cruel or inhuman treatment.— The act of a person who commits, or conspires or attempts to commit, an act intended to inflict severe or serious physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions), including serious physical abuse, upon another within his custody or control.”

http://michaelfury.wordpress.com/2010/01/23/the-ceremony-of-innocence/

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By SMO218, February 21, 2010 at 10:03 pm Link to this comment

For those who support torture, do they know that the information obtained during
torture can be inaccurate?  The people being tortured just saying what they think
the torturers want to hear so it will stop?  If we had a more informed public,
perhaps the poll numbers for those who support water-boarding would be lower. 
I understand people’s outrage, and that those who hurt the US should be
punished.  Torture is not the way to do it.  It is illegal by the Geneva Convention. 
It is not a condonable action by any standards. 
That the lawyers are not being tried or punished is an injustice.  That Obama will
not try Cheney, who has said that he ordered the water-boarding, for war crimes
is not right.  Is Obama not trying Cheney for political reasons?  Obama, you pretty
much do not have any support on the right, do you think this will affect it? 
Sometimes it is not about being elected again but doing what is right.  Of course,
one could argue that one wants to be re-elected to continue to do good.

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By MarthaA, February 21, 2010 at 7:42 pm Link to this comment

Torture should not be supported.  All those who support torture, should allow themselves to be tortured for an experiment to find out how long it is before they will be glad to tell you anything to get the torture to stop.

Cheney says he is for torturing, therefore Cheney should be waterboarded, with the assistance of a heart monitor and devices to keep his evil heart pumping, until he tells us the truth about what happened on 9/11/01, because he knows way more than has been told.

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By gerard, February 21, 2010 at 6:51 pm Link to this comment

If they advocated torture but in doing so did not break any law, then there are no laws against torture.  And what does that mean?  It means that anyone at any time for any reason may be tortured into confessing to doing something they did NOT do.
It means there are no effective laws against torture.
It means our laws are likely to sink at any moment down to the level of the Inquisition.  It means loss of life, liberty and the pursuit of happiness at the hands of any vindictive person who takes power into his own hands simply because there is nothing to prevent him. It means we are not effectively a country of laws but of whims, antagonisms and out-of-control decision-making.

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By MarthaA, February 21, 2010 at 5:25 pm Link to this comment

Hopefully the States will revoke their licenses.  A pat on the hand for traitorous behavior should not even be considered.

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By msgmi, February 21, 2010 at 1:42 pm Link to this comment
(Unregistered commenter)

Yoo’s arguments on legalizing torture may have been flawed, yet it imposes a no-win situation in resolving the judicial application whether it be in criminal court or military tribunal. In either case, information obtained under duress becomes tainted and by legal standards should be inadmissible. Yoo and his accomplices created a pandoras box without regard to the consequences of a “Soviet-style” rule of law.

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By Frank, February 21, 2010 at 12:48 pm Link to this comment

According to a recent poll, 58% of American voters support water-boarding of terrorism suspects to get information, and another 12% are “not sure”. This means 70% of Americans either support it or think it’s open to question.

Maybe investigations should be opened on 70% of the public?

This must be very disheartening to opponents of water-boarding, who appear to be out-of-step with most Americans:

http://tinyurl.com/recentwaterboardingpoll

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