Tom Baldwin in Washington
An investigation by the US Justice Department into the authors of Bush-era “torture memos” is unlikely to recommend criminal prosecution — but may suggest that they should be disciplined or even banned from practising as lawyers.
According to reports yesterday, the inquiry has concluded that lawyers such as John Yoo and Jay Bybee committed serious lapses of judgment when they wrote secret memorandums authorising harsh interrogations including waterboarding of terror suspects.
Although the 220-page report by the Office of Professional Responsibility is still awaiting final approval from by Eric Holder, the Attorney-General, letters sent to former Bush Administration officials suggest criminal action is not being considered.
This will disappoint human rights groups and Congressional Democrats, some of whom have demanded that a special prosecutor be appointed to pursue the lawyers.
A recommendation that they be subject to disciplinary procedures from their state bar associations could, however, still have a severe impact on the careers of Mr Bybee, who is now a federal judge in Nevada, and Mr Yoo, who teaches law at Berkeley.

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