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 brought six leak-related prosecutions against current or former U.S. government employees, while all previous Presidential administrations combined had tried a total of three such cases. Holder was reportedly "surprised" by news reports pointing out this statistic, and was said to have told associates that he did not wish to have leak prosecutions be his legacy. Several prominent leak prosecutions under Holder involved communications between criminal defendants and journalists, and the pervasive use of traceable electronic communications between journalists and their sources provided the prosecution with a tool to determine the potential origin of published information. Under Holder, the Justice Department