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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CIA interrogators were given legal authorization to slam an alleged "high-value" detainee's head against a wall, place insects inside a "confinement box" to induce fear and force him to remain awake for 11 consecutive days, according to a closely guarded August 1, 2002, legal memo released publicly by the Justice Department for the first time on Thursday.

The memo, signed by the former head of the Justice Department's Office of Legal Counsel (OLC), Jay Bybee, was written about a week after Bybee's office had given the CIA verbal authorization that subjecting the detainee to seven other brutal interrogation methods would not violate torture laws.

"This letter memorializes our previous oral advice given on July 24, 2002 and July 26, 2002, that the proposed conduct would not violate the prohibition against torture," wrote Bybee, who now has a lifetime judgeship on the Ninth Circuit US Court of Appeals. CIA interrogators would not be in violation of torture laws, Bybee wrote, because they would not be acting with the intent to inflict "severe pain or suffering" by subjecting detainees to the brutal interrogation methods outlined in the memo.

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