Dem Rep Sends Yoo And Bybee Materials To Bar Associations For Potential Disciplinehttp://tpmmuckraker.talkingpointsmemo.com/2010/02/dem_rep_sends_yoo_and_bybee_materials_to_state_bar.php?ref=fpbRep. Jerrold Nadler (D-NY) has forwarded materials on the writing of the torture memos to state bars where John Yoo and Jay Bybee are licensed, calling on the bar association to consider possible disciplinary action, Nadler's office announced today.
The torture memo report produced by the Justice Department's ethics office concluded that Yoo, now a professor at Berkeley, and Bybee, now federal judge on the ninth circuit, committed professional misconduct in their drafting of the memos that authorized report.
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Nadler said he was "disappointed that, at the end of this lengthy process, we are now left with apparent confusion within the Department of Justice regarding the appropriate standards of conduct for its attorneys."(more at link)
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It's an open question how willing the state bars will be to look at the materials. Georgetown Law Professor David Luban, writing in Slate this week, noted that state bar associations "tend to be cautious and politically timid, and experts have told me that the probability of action from either the D.C. bar counsel or his Pennsylvania counterpart was close to zero. "
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