The Justice Department is investigating the lawyers whose memos gave the Bush Administration the legal support it needed for waterboarding and other brutal interrogation techniques. We are "examining whether the legal advice in these memoranda was consistent with the professional standards that apply to Department of Justice attorneys," H. Marshall Jarrett, counsel for the Justice Department's Office of Professional Responsibility, wrote to two Democratic senators in February.

    The torture memos from 2002 were mainly the work of Jay Bybee, then head of the Office of Legal Counsel (OLC) and now a federal appellate judge in San Francisco, and Bybee's deputy, John Yoo, who has since returned to teaching law at the University of California, Berkeley. This month the Pentagon released a long-rumored torture memo from 2003 written solely by Yoo, which is even more adamant in its embrace of unfettered presidential power.