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
United States v. Khalid Sheikh Mohammed 2009 US Attorney General Eric Holder assigned eight experienced criminal prosecutors to build the best criminal case they could against Khalid Sheikh Mohammed and his co-conspirators. His prosecutors, Holder said, had "constructed a case that uses materials and evidence that does not derive from the techniques that were controversial," which would "maximize our chances for success." It was a driving concern to Holder that the case not rest on torture. "It's a statement about what this Administration is about," he said. "It's a statement about this Attorney General. We are not going to use the products of interrogation techniques that