Ethics in the War on Terrorism

Ethics in the Global War on Terrorism ranked high on the list of legal ethics topics here.

The DOJ initiated probes into the legal work done at OLC. Jose Padilla sued former OLC lawyer John Yoo and others, alleging that the legal work caused Padilla to be tortured. Jane Mayer’s book, The Dark Side, exposed the legal battles within the Bush Administration over the legal framework of detention, interrogation, hard treatment, and torture. John Yoo and others testified before Congress. A prosecutor in Guantanamo resigned over what he believed was suppression of evidence. Prosecutors secured a conviction of Osama Bin Laden’s driver, although not on the top counts. The Obama Administration will have to decide how to handle these issues—which are not going away. Criminal prosecutions and truth commissions are being discussed.