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 said he was at first "neutral" on the decision to grant Rich a pardon, but might lean in favor of it if there were national security benefits. Holder said that he was told that Israeli Prime Minister Ehud Barak had asked Clinton to grant the pardon. Holder said that, at the time, he did not give the case much thought, because he did not think the pardon would be granted, as no fugitive had ever previously been granted a presidential pardon. He later said he wished that he had looked into it more thoroughly, and expressed regret over the incident.