waterboarding and other harsh interrogation techniques has increased momentum for an investigation into the architects of the program, but the prospect of indicting any of them remains unlikely."); Josh Meyer and Julian E. Barnes, Charges Unlikely for Interrogation Memos, Los Angeles Times, May 6, 2009, at A1 ("Justice Department investigators have concluded that three Bush administration lawyers who wrote controversial interrogation memos should not face criminal charges, but that conduct by two of them was problematic enough to merit possible state disbarment or other disciplinary action"); Andrew C. McCarthy, The Justice Department's Torture Hypocrisy, National Review, May 6, 2009 (indicating that the Office of Professional Responsibility "will recommend that Attorney General Eric Holder refer former Bush administration lawyers to their state bar disciplinary committees over purported lapses inuncover government secrets, thereby threatening national security. Lastly, Yoo argues the courts should deny review of this matter because the allegations involve issues relating to foreign affairs and foreign relations, matters specifically designated to control by the coordinate branches of government.

i. Effect of Congressional Joint Resolution.
Just days after the terrorist attacks of September 11, 2001 in which the al Qaeda terrorist network used hijacked commercial airliners to attack prominent targets in the United States, Congress passed the Authorization for Use of Military Force Joint Resolution ("AUMF"). The resolution authorized the President to
use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to