A lot of lawyers played a key role in the Bush regime's law-breaking. Shouldn't they pay a price?

John "Mr. Torture" Yoo

We've been talking about what can be done to hold the law-breakers of the Bush regime to account for what they've done. Last night I passed on the suggestion by Georgetown law professor David Cole in a current NYRB article:

The next administration or the next Congress should at a minimum appoint an independent, bipartisan, blue-ribbon commission to investigate and assess responsibility for the United States' adoption of coercive interrogation policies. If it is to be effective, it must have subpoena power, sufficient funding, security clearances, access to all the relevant evidence, and, most importantly, a charge to assess responsibility, not just to look forward. We may know many of the facts already, but absent a reckoning for those responsible for torture and cruel, inhumane, and degrading treatment -- our own federal government -- the healing cannot begin.

As Professor Cole points out, with regard to possible prosecution, John "Mr. Torture" Yoo's infamous "torture memo," drafted in the bowels of the Justice Dept., "would be a legal defense for any but the lawyers who wrote it." Well, what about the lawyers?

I've taken the liberty of yanking this comment by reader drinkof out of our comments section to make sure everyone sees it. -- Ken

"Surely Yoo, Gonzales or Addington's offenses are worth a couple of Clinton units of suspension time?"

by drinkof

For various unfortunate reasons, criminal prosecutions are unlikely.

On the other hand, there is a mechanism which can make a substantial statement as to our dedication to the rule of law, and for which there is ample (and, for critics, inconvenient) precedent. Lawyers involved at various points of approving, and covering up, torture and related practices in their official capacity should face disbarment.

Yoo, Gonzales, Addington, for that matter, Jack Goldsmith (sorry, but the half-ass mea culpa doesn't cut it) and dozens more should answer for their actions.

Complaints as to criminalizing policy differences simply don't apply. Law practice is a privilege, not a right, and it's time the legal profession begin to purge its ranks of these practices.

And recall, Bill Clinton got his license to practice suspended for 5 years for whatever it was that he did. Surely Yoo, Gonzales or Addington's offenses are worth a couple of Clinton units (e.g., 10 years) of suspension time?

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