Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2009 What Went Wrong: Torture and the Office of Legal Counsel in the Bush Administration: Hearing Before the Subcomm. on Administrative Oversight and the Courts of the S. Comm. on the Judiciary, 111th Cong., May 13, 2009 (Statement of David Luban, Prof. of Law, Geo. U. L. Center) David Luban Georgetown University Law Center,
[email protected] This paper can be downloaded free of charge from: http://scholarship.law.georgetown.edu/cong/42 This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: http://scholarship.law.georgetown.edu/cong Part of the Ethics and Professional Responsibility Commons, and the Military, War and Peace Commons Testimony of David Luban Professor, Georgetown University Law Center Hearing: What Went Wrong: Torture and the Office of Legal Counsel in the Bush Administration May 13, 2009 U.S. Senate Judiciary Committee Subcommittee on Administrative Oversight and the Courts Chairman Whitehouse and members of the subcommittee. Thank you for inviting me to testify today. You've asked me to talk about the legal ethics of the interrogation memos written by lawyers in the Office of Legal Counsel. Based on the publicly- available sources I've studied, I believe that the memos are an ethical train wreck. When a lawyer advises a client about what the law requires, there is one basic ethical obligation: to tell it straight, without slanting or skewing. That can be a hard thing to do, if the legal answer isn't the one the client wants.