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	<title>Comments on: Justice Department Concludes that John Yoo and Jay Bybee Exercised &quot;Poor Judgment&quot; But Not &quot;Professional Misconduct&quot; in Issuance of the &quot;Torture Memos&quot; (Part 1)</title>
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	<link>http://www.ohioverticals.com/blogs/akron_law_cafe/2010/02/justice-department-concludes-that-john-yoo-and-jay-bybee-exercised-poor-judgment-but-not-professional-misconduct-in-issuance-of-the-torture-memos-part-1/</link>
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		<title>By: Professor Will Huhn</title>
		<link>http://www.ohioverticals.com/blogs/akron_law_cafe/2010/02/justice-department-concludes-that-john-yoo-and-jay-bybee-exercised-poor-judgment-but-not-professional-misconduct-in-issuance-of-the-torture-memos-part-1/comment-page-1/#comment-3389</link>
		<dc:creator>Professor Will Huhn</dc:creator>
		<pubDate>Wed, 24 Feb 2010 00:49:53 +0000</pubDate>
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		<description>Agreed, Scott, and that is the conclusion that Margolis comes to, whose reasoning is the subject of tomorrow&#039;s post.  On the other hand, why didn&#039;t Yoo and Bybee even mention Youngstown Sheet &amp; Tube v. Sawyer in discussing whether or not the Torture Act is constitutional under the doctrine of Separation of Powers?  It is not reasonable to suppose that they simply forgot about the case.</description>
		<content:encoded><![CDATA[<p>Agreed, Scott, and that is the conclusion that Margolis comes to, whose reasoning is the subject of tomorrow&#039;s post.  On the other hand, why didn&#039;t Yoo and Bybee even mention Youngstown Sheet &#038; Tube v. Sawyer in discussing whether or not the Torture Act is constitutional under the doctrine of Separation of Powers?  It is not reasonable to suppose that they simply forgot about the case.</p>
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		<title>By: Scott</title>
		<link>http://www.ohioverticals.com/blogs/akron_law_cafe/2010/02/justice-department-concludes-that-john-yoo-and-jay-bybee-exercised-poor-judgment-but-not-professional-misconduct-in-issuance-of-the-torture-memos-part-1/comment-page-1/#comment-3386</link>
		<dc:creator>Scott</dc:creator>
		<pubDate>Tue, 23 Feb 2010 17:47:16 +0000</pubDate>
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		<description>Although I disagree with Yoo and Bybee, I&#039;m glad to hear this notion of prosecuting them is over. The idea that any lawyer could actually be prosecuted for giving a legal opinion that someone else disagrees with is just repulsive. If lawyers are not free to give their honest legal opinions, no matter how many others disagree, the entire practice of law loses its validity.</description>
		<content:encoded><![CDATA[<p>Although I disagree with Yoo and Bybee, I&#039;m glad to hear this notion of prosecuting them is over. The idea that any lawyer could actually be prosecuted for giving a legal opinion that someone else disagrees with is just repulsive. If lawyers are not free to give their honest legal opinions, no matter how many others disagree, the entire practice of law loses its validity.</p>
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