Waterboarding were dismissed in a memo from Associate Deputy Attorney General David Margolis who found that Yoo showed "poor judgment" but did not violate ethical standards. Commentators have noted that the memos omitted key relevant precedents, including a Texas precedent under then-Governor George W. Bush when the state convicted and sentenced to prison for 10 years a county sheriff for waterboarding a criminal suspect. Bush did not issue a pardon for the sheriff. Former George W. Bush administration officials Dick Cheney and John Ashcroft have stated since leaving office that they do not consider waterboarding to be torture. At least one
Eric Holder "massive and unprecedented intrusion" into their news-gathering operation. Holder testified under oath to the House Judiciary Committee that he had recused himself from these leak investigations to avoid any appearance of a conflict of interest. Holder said his Deputy Attorney General, James Cole was in charge of the AP investigation and would've ordered the subpoenas. When questioning turned to the possibility of journalists being charged under the Espionage Act for reporting classified material, Holder stated: "With regard to the potential prosecution of the press for the disclosure of material, that is not something that I've ever been involved in, heard