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DOJ Office of Professional Responsibility Report: Investigation into the Office of Legal Counsel's Memoranda Concerning Issues Relating to the Central Intelligence Agency's Use of "Enhanced Interrogation Techniques'' on Suspected Terrorists

July 29, 2009 | OPR | ACLU-RDI 6584
This Office of Professional Responsibility (OPR) report was written in response to public debate over Jay Bybee's leaked memo titled "Standards of Conduct for Interrogation under 18 U.S.C. §§ 2340-2340A", which was replaced soon after by Daniel Levin's memo titled ''Legal Standards Applicable under 18 U.S.C. §§ 2340-2340N". The report investigates the facts and circumstances surrounding the drafting of the Bybee memo and more generally the Department's role in the implementation of certain interrogation practices by the CIA. The report concludes that Jay Bybee committed "professional misconduct" by acting in "reckless disregard of his duty to exercise independent legal judgment and render thorough, objective, and candid legal advice" and John Yoo committed "intentional professional misconduct when he violated his duty to exercise independent legal judgment and render thorough, objective, and candid legal advice."