The mystery of Yoo's inbox

One of the authors of the so-called “torture memos,” John Yoo, is being slated for the disappearance of his e-mail records.  The New York Times describes “large batches of e-mail records," both sent and received, disappearing.  The e-mails were written at a time when the lawyer was deciding what "enhanced interrogation techniques" (aka torture) were authorized for use in Guantánamo Bay and why.

Yoo says he has no idea what happened to his e-mails. He added “the claim that there would be emails about this shows a lack of understanding of the world of intelligence.” According to the Mother Jones report, the destruction of the messages may breach the Federal Records Act. The FRA requires a variety of government documents to be kept as records. If it is found that the messages were destroyed intentionally, Yoo could be looking at criminal charges.

Yoo and Bybee, co-authors of the torture memos, spent months researching “appropriate” torture methods for detainees in US custody and the possible legal ramifications for those who participated in that treatment. The memos condone the use of stress positions, sleep deprivation, waterboarding and confining detainees in small spaces with insects. One of Yoo’s e-mails from this time, cited in the Office of Professional Responsibility report, asked if a specific detainee was “allergic to certain kinds of insects”.

The Office of Professional Responsibility (OPR) report, published in July 2009 states:

“Based on the results of our investigation, we concluded that…John Yoo committed intentional professional misconduct…”

The OPR recommended referral to Yoo’s state bar for possible disbarment or other form of disciplinary action.

The Justice Department did not adopt the OPR conclusions in their January 2010 memo. The Department did state, however, that the torture memos displayed “poor judgment” and flawed legal analysis—but were done in good faith.

Could it be that these e-mails have disappeared because they prove Yoo’s bad faith in penning the torture memos? Or did the Department of Justice really just misplace “batches” of e-mails relating to the legalization of torture in American hands?