The Justice Department's
Office of Professional Responsibility reviewed the work of principal author John Yoo, now a law professor, and signatory Jay Bybee, now a federal judge, to determine whether the advice given "was consistent with the professional standards that apply to Department of Justice attorneys."
[32] In its 261 page final report, the Office for Professional Responsibility concluded that the
legal opinions that justified waterboarding and other interrogation tactics on Al Qaeda suspects in American custody
amounted to professional misconduct, and that
Professor Yoo in particular "knowingly failed to provide a thorough, objective, and candid interpretation of the law," recommending referral to the Bar for disciplinary action.
[33] However, career Justice department lawyer David Margolis
[34] in a Memorandum dated January 5, 2010 countermanded the recommended referral.
[35] While Margolis was careful to avoid "an endorsement of the legal work" which he said was
"flawed" and
"contained errors more than minor," he concluded that Yoo had merely exercised
"poor judgment" which did not rise to the level of "professional misconduct" sufficient to authorize OPR to refer its findings to the state bar disciplinary authorities.
[36]