In the summer of 2002, when the Justice Department’s now-infamous “torture memos” were being drafted, one DOJ lawyer told his boss, Assistant Attorney General Jay Bybee, to eliminate a section claiming broad commander-in-chief powers, according to a long-awaited departmental ethics report released Friday.

Bybee, who is now on the 9th U.S. Circuit Court of Appeals, had final decision-making authority over the memos. And Patrick Philbin, now a Kirkland & Ellis partner, told Bybee that the section on presidential authority “was aggressive and went beyond what OLC had previously said about executive power,” according to the report.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]