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Response to the U.S. Department of Justice

Response to the U.S. Department of Justice

Ratings: (0)|Views: 46|Likes:
Published by D. Manchester
Torture Crimes Left Unpunished Dept.

Emptywheel has begun an excellent analysis of this stuff here:
http://emptywheel.firedoglake.com/2010/02/19/opr-report-working-thread/

For the RawStory writeup
"PROBE CLEARS TORTURE MEMO AUTHORS -
Yoo gets rhetorical slap on the wrist, even with missing emails"
check http://rawstory.com/2010/02/doj-probe-clears-bush-torture-memo-authors/

Balkinization's analysis is here:
http://balkin.blogspot.com/2010/02/justice-department-will-not-punish-yoo.html

Tags: torture, DOJ, OPR, crime, Yoo, Margolis, Bybee
Torture Crimes Left Unpunished Dept.

Emptywheel has begun an excellent analysis of this stuff here:
http://emptywheel.firedoglake.com/2010/02/19/opr-report-working-thread/

For the RawStory writeup
"PROBE CLEARS TORTURE MEMO AUTHORS -
Yoo gets rhetorical slap on the wrist, even with missing emails"
check http://rawstory.com/2010/02/doj-probe-clears-bush-torture-memo-authors/

Balkinization's analysis is here:
http://balkin.blogspot.com/2010/02/justice-department-will-not-punish-yoo.html

Tags: torture, DOJ, OPR, crime, Yoo, Margolis, Bybee

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Published by: D. Manchester on Feb 21, 2010
Copyright:Attribution Non-commercial

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02/21/2010

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Response tothe U.S. Department of JusticeOffice of Professional ResponsibilityFinal Report Dated July 29, 2009Submitted on Behalf of Professor John C. Yoo
Miguel A. Estrada
GIBSON, DUNN
&
CRUTCHER 
LLP
1050 Connecticut Avenue, N.W.Washington, D.C. 20036(202) 955-8500
 
I. Introduction 1II. OPR's Erroneous Misconduct Conclusions Me Foreclosed By BindingPennsylvania Authority 7A. Under Both The D.C. And Pennsylvania Choice-or-Law Rules, PennsylvaniaRules Apply To Professor Yoo ~B. Under The Applicable Pennsylvania Rules, OPR's Analysis Leads To AnEntirely Different Conclusion 11C. Because OPR r>elayed Completing Its Report For Nearly Five Years, DisciplinaryAction Against Professor Yoo Is Barred By The Pennsylvania DisciplinaryBoard's Statute Of Limitations : 12III. OPR Has Applied An Utterly Improper Heightened Standard To AssessProfessional Misconduct 16A. The Steven Bradbury "Best Practices" Memo And Dawn Johnsen "PrinCiplesMemo" Are After-The-Fact, Non-Binding, And Aspirational Documents ThatCannot Form The Basis For A Finding Of Professional Misconduct 17B. OPR's Heightened Standard Of "Thoroughness, Objectivity, and Candor" Has NoBasis In the Rules Of Professional Conduct 19I. Rule 2.1 192. Rule 1.1 23
VI.
A.B.C.
D.
E.
F.C. There Is No Basis For OPR To Apply A "Super Standard" Of ProfessionalConduct In This Case 25OPR Ignores The Approvals And Subsequent Reaffinnation Of Judge Bybee'sAnd Professor Yoo's Legal Conclusions At The Highest Levels Of TheDepartment of Justice And Elsewhere , 28OPR Does Not Assess Professor Yoo's Conduct In The Factual Context In WhichIt Occurred, As The Rules of Professional Conduct Require 32OPR's Substantive Analysis Is Fundamentally Flawed 38Specific Intent 38Severe Pain 48CAT Ratification History S5U.S. Judicial Interpretation 57International Decisions 61Commander-in-ChiefPower and Possible Defenses 631. Commander-in-Chief Power 652. Possible Defenses 74
 
G.
H.
VII.VIII.Classified Bybee Memo 80Yoo Letter 84OPR's After-The-Fact Scienter Findings Are Unsupportable 86Conclusion 91Tab A: Letter from Professor Ronald Rotunda to Miguel Estrada (October 7, 2009)Tab B: Testimony of Professor Michael Stokes Paulsen (May 13,2009)Tab C: Testimony of Professor John Yoo (June 26, 2008)

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