The Bush administration lawyers who wrote the “torture” memos have been officially cleared of allegations of professional misconduct. In a report released Friday, the Department of Justice’s Office of Professional Responsibility said attorneys John Yoo and Jay Bybee had “exercised poor judgment” but will not face discipline for their actions justifying the use of waterboarding and other forms of torture. Questions still remain over the role of the White House in the drafting of the memos. Investigators admitted they had unsuccessfully tried to access John Yoo’s email messages during his time at the Justice Department but were told that most of Yoo’s email records had been deleted and were not recoverable. The report also sheds new light on John Yoo’s radical view on presidential power. When a Justice Department investigator asked him if the president had the constitutional power to order a village of civilians to be “massacred,” Yoo replied, “Yeah.”
