[D66] Judge rejects suit for more info on 'torture memos' probe

[Henk Elegeert]

February 14, 2011
 Categories:


   - FOIA<http://dyn.politico.com/blogs/joshgerstein/index.cfm/category/FOIA>

Judge rejects suit for more info on 'torture memos'
probe<http://www.politico.com/blogs/joshgerstein/0211/Judge_rejects_suit_for_more_info_on_torture_memos_probe.html>

A federal judge has rejected a Freedom of Information Act lawsuit seeking
additional details about a Justice Department investigation into legal
opinions prepared in connection with the enhanced the aggressive
interrogation program authorized under former President George W. Bush.

In a ruling Monday, Judge Rosemary Collyer said the Justice Department was
not obligated to release any additional details of the Office of
Professional Responsibility report beyond those made public last February
after the report was submitted to
Congress<http://www.politico.com/news/stories/0210/33206.html>. Her
decision, viewable here <http://www.politico.com/static/PPM191_olco.html>,
came in response to a lawsuit filed by the American Civil Liberties Union.

Collyer specifically upheld the right of the Obama administration to use the
presidential communications privilege, a form of executive privilege, to
withhold details about contacts between the Bush White House and other
government officials. She said the privilege was not overcome by the ACLU's
arguments of compelling need.

"While the Court recognizes the public’s interest, this interest does not
overcome the need for frank discussions on serious issues that confront a
President. Without a free and candid dialectic, the President cannot be
properly armed with the tools required to make difficult decisions on
consequential issues," she wrote.

Collyer also noted that all information withheld under executive privilege
was also considered classified and therefore could be withheld on that basis
as well.

Justice Department investigators concluded that the legal advice providing
by former DOJ lawyers John Yoo and Jay Bybee amounted to professional
misconduct, but a senior career official overrode that decision, downgrading
the conclusion to one of poor
judgment<http://www.politico.com/news/stories/0210/33206.html>
.

"

.. zucht.

Henk Elegeert
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