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
Taunoa v Attorney-General not to be subjected to torture or to cruel, degrading, or disproportionately severe treatment or punishment." Three of the prisoners appealed against the lower courts findings that the BMR did not breach section 9 in their case, sought higher awards of damages, sought declarations that their rights to the observance of natural justice as protected by section 27(1) of BoRA had been breached as "they were not given opportunities to be heard on the placement and its continued application to them", and a court direction that the Attorney-General conduct an independent investigation into their treatment on the BMR. The Attorney-General