# Justice Dept. investigates it's own legal opnion writing on waterboarding

**URL:** <https://boards.straightdope.com/t/justice-dept-investigates-its-own-legal-opnion-writing-on-waterboarding/438808>\
**Category:** Miscellaneous and Personal Stuff I Must Share\
**Created:** [February 23, 2008, 1:29am UTC](https://boards.straightdope.com/t/justice-dept-investigates-its-own-legal-opnion-writing-on-waterboarding/438808 "2008-02-23T01:29:07Z")\
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**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\
**Post date:** [February 23, 2008, 1:29am UTC](https://boards.straightdope.com/t/justice-dept-investigates-its-own-legal-opnion-writing-on-waterboarding/438808/1 "2008-02-23T01:29:07Z")

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You may recall from a couple of weeks back that AG Mukasey said the JD could not investigate whether CIA officials committed crimes by waterboarding suspects. [From the Washington Post:](http://www.washingtonpost.com/wp-dyn/content/article/2008/02/07/AR2008020701542.html?hpid=sec-politics)

> [@](#):
>
> Testifying before the House Judiciary Committee, Attorney General Michael B. Mukasey said Justice Department lawyers concluded that the CIA’s use of waterboarding in 2002 and 2003 was legal, and therefore the department cannot investigate whether a crime had occurred.
> 
> “That would mean that the same department that authorized the program would now consider prosecuting somebody who followed that advice,” he said.

I see the logic to that, though I am not happy about it. It even leaves open the possibility of other venues of prosecution, unlikely as they are, but that’s for another thread anyway.

But the Justice Department has also concluded that the actions of the the legal eagles who wrote the opinion legitimizing waterboarding ARE subject to investigation. IOW, did they do actual legal research and find support in law for the opinion they produced, or did they just make shit up to order dressed in legalese?

[Interesting New York Times article.](http://www.nytimes.com/2008/02/22/washington/22cnd-justice.html?ex=1361422800&en=195a5bff5a7515fa&ei=5089&partner=rssyahoo&emc=rss)