The OPR report and possible disbarrment of the Bush OLC lawyers

Good insight post by Anonymous Liberal:

The OPR Report
Just to add to Hilzoy's typically insightful post on the forthcoming OPR report, I want to make two points.First, people seem to be focusing too heavily on the report's (apparent) refusal to recommend criminal prosecution of the OLC lawyers who drafted the torture memos. But the real news here is that the report apparently recommends that at least a few of the lawyers be referred to state disciplinary authorities for reprimand or disbarment. That's a really big deal. Disbarment is major punishment for a lawyer. Not only does it constitute a major public shaming, but it also represents a loss of livelihood. As I've written here before, I take a very consequentialist outlook on this whole affair. The most important question in my mind is not what kind of punishment the various bad actors deserve, but what steps can be taken to minimize the chances of this ever happening again. The OLC lawyers played an indispensable role in allowing these illegal torture and surveillance programs to be implemented. The White House and CIA would not have pressed forward with these initiatives (at least for a sustained period of time) without the blessing of the OLC. So the key to preventing this kind of illegality in the future is to up the stakes for future OLC attorneys, to make them understand that there are potentially significant consequences to intentionally distorting the law. Disbarment would serve that purpose fairly well. If future OLC lawyers know that they might be disgraced and lose their livelihood if they distort the law, they'll be far less likely to do so. And that's the key.

The right punishment for the OLC lawyers is to have them disbarred from practicing law in order for the Obama Administration and DOJ to send a clear and serious message to future criminals who wish to commit this act. On a side note: The OPR serves as the Department's contact with state bar disciplinary organizations. See website.

If there is no criminal charges for the the OLC lawyers by DOJ, then it leaves wide open for the Spanish court to pursue for possible indictment the Bush six lawyers for the torture case that is open in Spain. I wouldn't be suprised if other countries pursue too.