In recent weeks, former Bush speechwriter Marc Thiessen has been on a public relations campaign defending the efficacy of waterboarding, going so far as to say that the torture technique sanctioned by the Bush administration is not only safe, but is in line with the teachings of the Catholic Church.

On Tuesday, in an interview with "Fox News," John Yoo, the former Justice Department attorney who was the principal author of legal memoranda that cleared the way for CIA interrogators to waterboard "war on terror" detainees and subject them to other brutal torture techniques, asserted that waterboarding was harmless.

Please click this link to listen to an interview with Jeffrey Kaye on the Peter B. Collins show.

In his defense of the practice, Yoo cited the thousands of US servicemen who have undergone SERE training and said, "we don't think it amounts to torture because we would not be doing it to our own soldiers otherwise."

However, a previously unreleased internal Department of Defense (DoD) memo, summarizing a review of the Navy SERE program in late February - early March 2007, reveals  that there was fierce criticism within the DoD of the Navy SERE school in North Island, San Diego, for being the only SERE facility to still use waterboarding in its training program.

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Last Sunday, Nancy Pelosi vowed to wrangle up the votes needed to pass a health care bill even if it meant some Democratic lawmakers would be voted out of office in November's midterm elections.

"Why are we here? We're not here just to self-perpetuate our service in Congress. We're here to do the job for the American people," Pelosi said in an interview on ABC News' "This Week."

"The point is we have a responsibility here ... " Pelosi said later on CNN's "State of the Union," explaining the urgency in passing legislation.

If only Pelosi and other Democrats applied the same aggressive attitude toward holding Bush administration officials accountable for implementing a policy of torture against "war on terror detainees" after 9/11.

While it may seem like a stretch to talk about health care benefits and torture in the same breath, there is a direct link between the two issues. Indeed, it was a Medicare benefits statute and other health care provisions that were used to form the basis for one of two August 2002 torture memos.

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By David Swanson

We're about to witness the pretense of war lawyer hearings without the war lawyers (commonly known as torture lawyers by those willing to ignore their role in "legalizing" aggressive war). This may highlight for many observers the little-known fact that Congress no longer has the power of subpoena.

During 2007-2008 Democratic congressional committees subpoenaed dozens of Bush officials, who simply refused to comply. Although any committee has the undisputed power to use the Capitol Police to enforce its subpoenas, none did. They asked the Bush Justice Department to do it. They sued the Bush Justice Department in court. But, with the exception of a weird deal for partial and secret compliance by Karl Rove in 2009, not a single one of the scofflaws has been compelled to show up.

During 2009-2010 none of the subpoenaed officials have been re-subpoenaed. When torture memos were made public in April 2009, Senator Patrick Leahy, chair of the Senate Judiciary Committee, asked memo author Jay Bybee to testify, and Bybee declined. Leahy did not issue a subpoena. Congressman John Conyers, chair of the House Judiciary Committee, in 2009 and 2010 has impeached a judge for groping and another for petty corruption, but has not so much as asked Bybee (or Yoo) to appear.

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Happy Monday and welcome to the Dog’s letter writing campaign for torture accountability. Last week was not a good week for the cause. The release of the Office of Professional Responsibility report with the conclusion that Mr. Yoo and Judge Bybee showed only poor judgment in their ginning up of legal cover for torture is a travesty. The Associate Attorney General David Margolis overrode the two previous versions of the report which called for them to be referred to their local Bar Associations for professional misconduct. Instead they are very mildly admonished and let go their merry way.

Originally posted at Squarestate.net

There is still an avenue to pursue and that is House and Senate Judiciary Committee hearings. The Dog would love to tell you this was going to be a place where things will be different, but the reality is that it is likely to be a lot of smoke and very little fire. However giving up is not an option, at least for this dog. So lets take all the shots we can and keep this issue alive.

Today we will be writing to Judiciary Chair Conyers, below is this weeks letter:

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What else can you call it when the Obama Justice Department rules that the Bush team lawyers John Yoo and Jay Bybee, to quote the New York Times February 19 story, “had used flawed legal reasoning but were not guilty of professional misconduct”?

This decision shreds the carefully constructed reasoning that the United States prosecution team presented, and that was adopted, at the Nuremberg Trials. Under the Obama Justice Department’s rationale regarding Yoo and Bybee, all Nazi defendants tried under those proceedings, which set a precedent thereafter, would have been set free.

In the cases of the Nazi defendants the argument repeatedly asserted was “We were following orders.” Under the Obama Justice Department ruling the defense was more like “Oops, it is easy for anyone to make a mistake, particularly in moments of great pressure.”

Oddly enough, this is one time when Dick Cheney has demonstrated a higher standard of probity than those analyzing the conduct of Yoo and Bybee. It was Cheney who recently conceded that the executive branch controlled Justice Department “opinions” on torture.

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On January 17, 2003, Mary Walker, the Air Force general counsel, received an urgent memo from the Pentagon's top attorney. Attached to the classified document was a set of directives drafted two days earlier by Secretary of Defense Donald Rumsfeld.

"Establish a working group within the Department of Defense to assess the legal, policy and operational issues relating to the interrogations of detainees held by the US Armed Forces in the war on terrorism," the directives said.

Among the issues to be addressed were "policy considerations with respect to the choice of interrogation techniques, including contribution to intelligence collection, effect on treatment of captured US military personnel, effect on detainee prosecutions, historical role of US armed forces in conducting interrogations, recommendations for employment of particular interrogation techniques by [Defense Department] interrogators."

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An ethics report prepared by H. Marshall Jarrett, head of the Justice Department's Office of Professional Responsibility (OPR), reached "damning" conclusions about numerous cases of "misconduct" in the advice attorneys John Yoo and Jay Bybee provided the Bush administration, according to legal and Congressional sources familiar with the findings and news reports.

The report, which also may be critical of legal opinions authorizing domestic surveillance activities, recommends state bar associations conduct a review of Yoo and Bybee's legal work to determine whether they should face disciplinary action, including disbarment.

Bybee, now an appeals court judge in San Francisco, signed the so-called August 1, 2002 torture memo and other controversial legal opinions that Yoo helped to draft. Bybee was head of the Justice Department's Office of Legal Counsel (OLC) and Yoo was a deputy assistant attorney general.

Steven Bradbury, the former acting head of OLC, was also a subject of Jarrett's probe and authored three legal opinions in May 2005, reinstating torture against alleged "high-level" terrorist detainees, but it's unknown exactly what the report has recommended Bradbury's punishment, if anything, should be. Bradbury, as it turns out, participated in a final review of the report while he was still acting head of OLC.

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A new draft Department of Justice report, not yet approved by Attorny General Eric Holder, is recommending that Bush administration torture memo authors Jay Bybee, John Yoo, and Steven Bradbury not be prosecuted, but will apparently ask for disciplinary reprimands and/or disbarment by state bar associatons.

“The report by the Office of Professional Responsibility, an internal ethics unit within the Justice Department, is also likely to ask that state bar associations consider possible disciplinary action, including reprimands or even disbarment, for some of the lawyers involved in writing the legal opinions, the officials said,” reports the New York Times.

“The conclusions of the 220-page draft report are not final and have not yet been approved by Attorney General Eric H. Holder Jr. The officials said it is possible the final report might be subject to revision, but they did not expect major alterations in its main findings or recommendations.”

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George W. Bush's Justice Department said subjecting a person to the near drowning of waterboarding was not a crime and didn't even cause pain, but Ronald Reagan's Justice Department thought otherwise, prosecuting a Texas sheriff and three deputies for using the practice to get confessions.

Federal prosecutors secured a 10-year sentence against the sheriff and four years in prison for the deputies. But that 1983 case - which would seem to be directly on point for a legal analysis on waterboarding two decades later - was never mentioned in the four Bush administration opinions released last week.

The failure to cite the earlier waterboarding case and a half-dozen other precedents that dealt with torture is reportedly one of the critical findings of a Justice Department watchdog report that legal sources say faults former Bush administration lawyers - Jay Bybee, John Yoo and Steven Bradbury - for violating "professional standards."

Bybee, Yoo and Bradbury also shocked many who have read their memos in the last week by their use of clinical and legalistic jargon that sometimes took on an otherworldly or Orwellian quality. Bybee's August 1, 2002, legal memo - drafted by Yoo - argued that waterboarding could not be torture because it does not "inflict physical pain."

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