A federal judge has rejected a Freedom of Information Act lawsuit seeking additional details about a Justice Department investigation into legal opinions prepared in connection with the enhanced the aggressive interrogation program authorized under former President George W. Bush.
In a ruling Monday, Judge Rosemary Collyer said the Justice Department was not obligated to release any additional details of the Office of Professional Responsibility report beyond those made public last February after the report was submitted to Congress. Her decision, viewable here, came in response to a lawsuit filed by the American Civil Liberties Union.
Collyer specifically upheld the right of the Obama administration to use the presidential communications privilege, a form of executive privilege, to withhold details about contacts between the Bush White House and other government officials. She said the privilege was not overcome by the ACLU's arguments of compelling need.
"While the Court recognizes the public’s interest, this interest does not overcome the need for frank discussions on serious issues that confront a President. Without a free and candid dialectic, the President cannot be properly armed with the tools required to make difficult decisions on consequential issues," she wrote.
Collyer also noted that all information withheld under executive privilege was also considered classified and therefore could be withheld on that basis as well.
Justice Department investigators concluded that the legal advice providing by former DOJ lawyers John Yoo and Jay Bybee amounted to professional misconduct, but a senior career official overrode that decision, downgrading the conclusion to one of poor judgment.