April 5, 2009 at 12:20:16

'Torture Memo' May Finally Go Public

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By Jason Leopold (about the author) Page 2 of 2 page(s)

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Jack Goldsmith, who succeeded Bybee as OLC chief in October 2003, determined that the Aug. 1, 2002, memo was "sloppily written" and "legally flawed." His decision to withdraw the memo and other opinions granting Bush expansive powers touched off a nasty fight with Bush's White House--especially with Vice President Dick Cheney's legal counsel David Addington--and pushed Goldsmith to resign.

In May 2005, as acting OLC chief, Bradbury reinstated key elements of the memos granting Bush virtually unlimited powers over the detainees, according to a list summarizing the still-secret documents.

The Yoo-Bybee and Bradbury memos also became the subject of a four-year-long internal investigation conducted by the Justice Department's Office of Professional Responsibility. The probe centered on whether the three lawyers provided the White House with poor legal advice and violated "professional standards" in interpreting the Constitution.

The OPR investigation was completed last December and reportedly was sharply critical of the trio's legal opinions. However, then-Attorney General Michael Mukasey, his deputy and the OLC--which was still under Bradbury's command--succeeded in getting the report revised, according to a Justice Department letter sent to two U.S. senators last week.

The OPR's report may undergo further changes based on responses from the subjects of the inquiry, the letter indicated.

Two weeks ago, the ACLU called on Holder to appoint a special prosecutor to launch a probe into the Bush administration's torture practices.

Jason Leopold has launched his own Web site, The Public Record, at www.pubrecord.org.

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http://www.pubrecord.org

Jason Leopold is editor of the online investigative news magazine The Public Record, http://www.pubrecord.org, and the author of the National Bestseller, "News Junkie," a memoir. Visit www.newsjunkiebook.com for a preview. He is also a two-time (more...)

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