After months of delay the Office of Professional Responsibility report regarding the legal advice provided to the Bush administration is about to be released. Newsweek reports:

While the probe is sharply critical of the legal reasoning used to justify waterboarding and other “enhanced” interrogation techniques, NEWSWEEK has learned that a senior Justice official who did the final review of the report softened an earlier OPR finding. Previously, the report concluded that two key authors—Jay Bybee, now a federal appellate court judge, and John Yoo, now a law professor—violated their professional obligations as lawyers when they crafted a crucial 2002 memo approving the use of harsh tactics, say two Justice sources who asked for anonymity discussing an internal matter. But the reviewer, career veteran David Margolis, downgraded that assessment to say they showed “poor judgment,” say the sources. (Under department rules, poor judgment does not constitute professional misconduct.) The shift is significant: the original finding would have triggered a referral to state bar associations for potential disciplinary action—which, in Bybee’s case, could have led to an impeachment inquiry.

The Obama administration needs to conduct a full and open investigation of both the “legal” basis for Bush administration torture and the actual practice of torture. In order for change, there must be a full revelation of the way the country adopted clearly immoral behavior in response to terrorism.

More from the ABA Journal, and this from Andrew Sullivan:

The details of this critical report and the way it was handled at DOJ are little short of infuriating. Here is a critical report whose conclusions were already clear months ago: that Yoo, Bybee at al were guilty of flagrant incompetence in assessing the law in order to allow their political masters to torture at will. And yet, out of some sort of tradition, DOJ hands over the final version to a 70 year-old career Justice Department official who allowed former DOJ officials to dispute and review the report again and again, and then allowed its central conclusion to be watered down. It is one more sign – along with the blanket dismissal of the serious allegations of misconduct at Gitmo – that the Obama administration is circling the establishment wagons on defending Bush era torture and war crimes. They seem either a) incapable of understanding the gravity of what went on or b) deliberately refusing to tackle clear violations of the law out of the usual political cowardice.