Buttle's World

6 May, 2009

I Know What Torture Is

Filed under: Posts — clgood @ 15:35

It’s trying to keep track of the Justice Departments position on “torture”. Andy McCarthy takes one for the team:

As K-Lo notes, I have an article (posted on the homepage this afternoon) which recounts how the Obama administration is urging the Sixth Circuit U.S. Court of Appeals to adopt the same interpretation of federal torture law that it is investigating former Bush administration lawyers for developing. (And why shouldn’t AG Eric Holder rely on the memo written by Jay Bybee and John Yoo in 2002? After all, the Third Circuit Court of Appeals already adopted it as the law of the United States in a ruling last year — as I also recount in the article).

But now there’s more. As Jan Crawford Greenburg reports at her ABC News blog, Legalities, the Justice Department’s Office of Professional Responsibility — by playing partisan politics — has blown the critical filing deadline for referring Prof. Yoo for professional sanctions. Don’t get me wrong, this is a very good thing — as I’ve been arguing, there is no legal or ethical basis to pursue this cockamamie investigation. But this is an episode that should be studied given all the blather about how it was Republicans who politicized the Justice Department.

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