When Does a Lawyer's Mistake Become Judicial Misconduct?

The Bush Justice Department began an investigation of lawyers who signed so-called "torture memos" authorizing waterboarding and other brutal methods of interrogation.  The completed inquiry is scheduled to be made public, but some findings and recommendations are already being reported. Among those are that John Yoo, Jay Bybee and Steven Bradbury should not be prosecuted, but might be subject to disciplinary action which could result in disbarment. Michael Gerhardt is Professor of Constitutional Law at the University of North Carolina at Chapel Hill.