The Obama Justice Department has asked a federal appeals court to dismiss a lawsuit filed against UC Berkeley law professor John Yoo by a prisoner who was tortured. The suit was filed by Jose Padilla, the so-called “dirty bomber,” who was tortured while serving for more than three years in a Navy brig. Padilla alleges that Yoo’s work for the Bush Justice Department led to him being tortured and so he is legally responsible. But according to the Chron, the Obama DOJ's argument for why Padilla’s suit should be thrown out includes the contention that there are other sanctions available for lawyers who commit misconduct.
The Justice Department noted that its Office of Professional Responsibility has investigated Yoo and plans to release its report soon. However, that report is expected to conclude that Yoo should not be prosecuted, although it may recommend that he be disciplined for violating legal ethics.