WASHINGTON – The Obama administration decided last month to make public legal memos authorizing the use of harsh interrogation methods but not to prosecute CIA interrogators who followed the advice outlined in the memos.
Justice Department investigators say Bush administration lawyers who approved harsh interrogation techniques of terror suspects should not face criminal charges, according to a draft report that also recommends two of the three attorneys face possible professional sanctions.
Officials conducting the internal Justice Department inquiry into the lawyers who wrote those memos have recommended referring two of the three lawyers — John Yoo and Jay Bybee — to state bar associations for possible disciplinary action, according to a person familiar with the inquiry. The person, who spoke on condition of anonymity, was not authorized to discuss the inquiry.
The memos were written as the Bush administration grappled with the fear and uncertainty following the Sept. 11, 2001, terror attacks. Over the years that followed, lawyers re-examined and rewrote much of the legal advice.
Investigators also shared a draft copy with the CIA to review whether the findings contained any classified information. According to the letter, the CIA then requested to comment on the report.
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