On Wednesday, the Bush administration indicated that it has disavowed the view of the October 23, 2001 memo.
The March 14, 2003 memo, also by Yoo, was obtained by the ACLU as part of a Freedom of Information Act request. That memo asserts that the President has the right to authorize torture in violation of criminal law:
If a government defendant were to harm an enemy combatant during an interrogation in a manner that might arguably violate a criminal prohibition, he would be doing so in order to prevent further attacks on the United States by the al Qaeda terrorist network. ... In that case, we believe that he could argue that the executive branch's constitutional authority to protect the nation from attack justified his actions.The fact that Bush wasn't impeached and convicted years ago for high crimes and misdemeanors is astounding to me.
(Hat tip to Dave Palmer on the SKEPTIC list--I've not been reading TPM lately.)