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No charges seen over interrogation memos

Investigators from the Department of Justice say the Bush administration lawyers who approved harsh interrogation techniques of terror suspects should not face criminal charges, according to a draft report also recommends that two of the three lawyers face possible professional sanctions.

The Obama administration decided last month to release legal memos authorizing the use of harsh interrogation methods but not to the CIA to continue interrogations that followed the advice described in the notes.

This decision has angered conservatives who have accused President Barack Obama selling the CIA, and liberals who thought he was too lenient for such practices – and Obama – call torture. The President of the rhetoric, if not political reality and moved on the issue of intensification of political fallout.

The conduct of officials within the Department of Justice investigation into the lawyers who wrote memos reference recommended two of the three lawyers – John Yoo and Jay Bybee – the state bar associations for possible disciplinary action, according to a person familiar with the investigation. The person, who spoke on condition of anonymity, was not authorized to discuss the investigation.

The person noted that the investigation report is still in draft and subject to revision. The Attorney General Eric Holder May also make his own assessment on what to do once the report was finalized.

The investigation has become a guessing game politically charged, with some advocating criminal charges against lawyers and others urging that the question be deleted.

In a letter to two senators, the Ministry of Justice said in a survey period expired Monday, noting that most work on the issue has been completed. The letter does not mention the possibility of criminal charges, nor the names of lawyers under control.

The letter did not state that the conclusions of the final report would be. Bybee, Yoo and Steven Bradbury has worked at the Department of Justice Office of Legal Counsel and was instrumental in developing the legal justification for critics call torture techniques.

The notes were written that the Bush administration grappling with fear and uncertainty following the 11 September 2001 terrorist attacks. During the years that followed, the lawyers reviewed and rewritten much of the legal opinion.

In the notes issued by the Obama administration, the methods of Bush, including lawyers authorized waterboarding, throwing against the walls and the subjects forced nudity.

By publishing these documents, Obama said the CIA interrogators who have followed the notes would not be prosecuted. The President left the holder to decide whether those who authorized or approved methods face the charges.

In this survey nearly completed last year, investigators have recommended to call for sanctions against Bybee and Yoo, Bradbury but not, according to the person familiar with the matter. Those who are in the form of recommendations to the state bar associations, where the most serious punishment possible delisting.

Vincent Warren, executive director of the Center for Constitutional Rights, called the decision not to seek criminal charges “inconceivable, given what we know about the twisted logic of these memos.”

Warren argued that the reason for this decision “is to provide political cover for people within the White House for Obama does not have to pursue what to do.”

Bybee is now a judge of the 9th U.S. Circuit Court of Appeals. Yoo is a professor at the University of California-Berkeley. Bradbury returned to private practice where he left the government at the end of President George W. Bush ’s term in the White House.

Asked to comment, Yoo lawyer, Miguel Estrada, said he signed an agreement with the Department of Justice not to discuss the draft report. Lawyer Maureen Mahoney, who represents Bybee, also refused comment.

“The former employees have until 4 May 2009 to provide comments on the draft report,” says the letter from Assistant Attorney General Ronald Weich of Sens. Sheldon Whitehouse, DR.I., and Dick Durbin, D-Ill .

Whitehouse has scheduled a hearing on the issue next week.

Now that the deadline has passed, there is little more for the officials to do, but to make revisions based on the answers they received, and decide to what extent, if any, the findings should be made public.

Both Durbin and Whitehouse urged the Department of Justice for more information on the progress of the investigation by the Office of Professional Responsibility.

The office examines the ethics violations by employees of the Department of Justice. On rare occasions, these investigations become real-against criminal investigations.

The language of the letter, dated Monday, said the investigation will result in a final report.

The letter notes that contractor and his top deputy will have access to any information they need to evaluate the final report and make decisions on next steps. ”

The survey results have been delayed late last year, when then-Attorney General Michael Mukasey has asked his deputy and investigators in order to allow counsel the opportunity to respond to their results, as is usually the case for those who continue to work for the Department of Justice.

Investigators have also shared a project with the CIA to examine whether the findings contained all the classified information. According to the letter, the CIA then asked to comment on the report.

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