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 Subcommittee on Immigration, Refugees and Border Security also called on Holder to resign. Among those opposing the contempt citation, Democratic Rep. Elijah Cummings, the ranking member on the United States House Committee on Oversight and Government Reform said, "Holder has acted honorably; he's done everything he could to allow us to do our job, which is to investigate this matter." President Obama and the Justice Department declined to prosecute the attorney general on the contempt charge citing executive privilege. In September 2012, after a nineteen-month review, the United States Department of Justice Office of the Inspector General cleared the Attorney