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Ex-Bush administration lawyers who crafted the legal framework for waterboarding and other interrogation tactics – and assert that they do not constitute torture – may be on the verge of a bit of legal trouble themselves.
At least three former top Bush lawyers face possible disciplinary action from state bar associations for what a former Justice Department official has called "deeply flawed" and "sloppily reasoned" legal analysis.
Jay Bybee and John Yoo – who wrote last month that Bush's torture programs were initially designed to outwit crafty defense attorneys – have been "sharply criticized" in an internal Justice Department report, according to Newsweek. A draft of the report from the Office of Professional Responsibility, the department's watchdog unit, was submitted during the waning days of the Bush administration, but former Attorney General Michael Mukasey objected to it, according to the story.