A draft of a Justice Department report found serious errors of judgment in secret memos authorizing brutal interrogations, but opposed prosecuting the authors.
Yes, they greenlighted procedures that violated the US code, but it's not like they engaged in a crime...
Brian Tamanaha over at Balkinization has a excellent description of what is about to occur:
These events ...have revealed a template for how high government officials can successfully engage in a conspiracy to violate U.S. law: Run a proposed illegal course of action through the OLC, have the Office lawyers produce a "legal opinion" (no matter how tortured) finding that the actions do not violate the law, and you are all set. The key is to get the OLC lawyers to go along.
After the dirty deeds are done, if the illegal conduct is exposed and serious heat comes, the policy makers (the "deciders") can say they cleared it with the OLC lawyers; those who engaged in the illegal conduct can say they relied upon the authorization of the OLC lawyers; the OLC lawyers can claim they wrote the memos in good faith under pressure, and complain that it is unfair to second guess them after the fact.
Nice and tidy. Ready to be pulled out the next time a group of crazies decide their ends justify any means.
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