Much of the legal work surrounding the torture memos was done in the shadows. It's possible that when all the facts about their preparation and use come out, Yoo will be exonerated. But the criminal law and ethical issues surrounding his work on the memos are very serious.
Is it right to say that lawyers dispensing bad advice in memos face no liability for what happens when people act in reliance on them? At the end of World War II, the U.S. took a different view in one narrow area. When the legal advice had to do with the treatment of detainees in wartime, the U.S. argued, lawyers had to adhere closely to the law or face prosecution. In one case, two German Justice Ministry lawyers were charged and sentenced to 10 years in prison for giving advice that allowed the creation of a special internment system for suspected insurgents. Their advice was close to that dispensed by Yoo.
