Posted by Jonathan Adler:
No Bar Discipline for You:
http://volokh.com/archives/archive_2009_05_03-2009_05_09.shtml#1241699634
An [1]interesting report from Jan Crawford Greenburg:
News reports yesterday made much out of the fact that a draft
report about the so-called �torture memos� doesn�t recommend
criminal prosecution for DOJ officials John Yoo and Jay Bybee, but
instead would only refer them to their state bars for disciplinary
proceedings.
Setting aside that my friend Mike Isikoff reported this back in
February, the flurry of reporting is baffling for another reason:
It appears John Yoo cannot be disciplined or disbarred for writing
those memos, even if the Office of Professional Responsibility says
it has evidence he should be.
That�s because OPR�s five-year investigation�carefully timed for
release only as Bush was leaving the White House and Obama was
coming in�dragged on too long. As a result of that timing, OPR blew
the deadline for referring possible misconduct allegations against
Yoo.
John Yoo is admitted to the bar in Pennsylvania. But the
Pennsylvania Disciplinary Board, which would investigate any
complaints against him, imposes a four-year limitation for
complaints.
Yoo wrote the memos in 2002 and 2003. This is 2009. You do the
math.
References
1. http://blogs.abcnews.com/legalities/2009/05/tortured-timing.html
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