The Justice Department has signaled it won't prosecute the Bush administration lawyers who approved interrogation tactics widely considered to be torture, but they may have trouble keeping their jobs. A forthcoming report from the DoJ will recommend possible disciplinary action by state bar associations for the Bush lawyers, sources tell the AP. Jay Bybee, currently an appeals court judge, is facing calls for his impeachment, while students and faculty at Berkeley, where John Yoo now teaches, want him fired and disbarred.
"We believe there is a lot of evidence to suggest that war crimes were committed," says one activist. But legal experts tell the Washington Post that state investigators face "nearly insurmountable challenges," including a lack of subpoena power. Unless they can demonstrate that Yoo and Bybee provided advice that was illegal, and not merely poor, a case is unlikely to proceed.