On Friday, the Department of Justice, released the Office of Professional Responsibility’s report clearing John Yoo and Jay Bybee of professional misconduct, as Andy McCarthy, William Burck, Dana Perino, and others have written about extensively now.

On Saturday, Andy released a scathing letter about the Department of Justice’s conduct from former attorney general Michael Mukasey and former deputy attorney general Mark Filip. Somehow, the letter didn’t make it into the Friday-night document dump.

Today it comes to my attention that the Friday DOJ release was even more incomplete than that. A letter dated May 4, 2009, from Ronald Rotunda at the Chapman University School of Law, author of a standard law-school text on legal ethics, was not included in the batch. He had submitted the 33-page letter at the request of Miguel Estrada, who was representing Yoo and Bybee, to Mary Patrice Brown from the Office of Professional Responsibility. (Friday’s release included a much significantly shorter letter — three pages — Rotunda sent to Estrada in October.)

You can read the full Rotunda letter here. Some excerpts from the full submission from Rotunda — who explains that he is against torture, by the way — follow:

“I do not mean to be disrespectful, for, in the past, the Department of Justice has retained me for my legal opinions regarding various matters. I respect the Department and the lawyers within it. However, what I have read is, sadly, a report that is either incompetent or deliberately misleading. I think that is something that you should know. As the Acting Counsel of the Office of Professional Responsibility, you should know how some of the lawyers in your Office misuse their powers and position. Please do not mistake my frankness for improper sarcasm.”
“They [the authors of the DOJ Unclassified Draft] do not disclose that Jack Goldsmith, the former head of OLC who formally withdrew the Bybee Memorandum, does not think that John Yoo was incompetent in drafting it and does think that the present efforts to discipline Mr. Yoo are part of a “witch hunt.”“
“The DOJ Unclassified Draft, eventually admits a crucial point, which the authors bury at page 150, footnote 131 …. Indeed, even the DOJ Unclassified Draft eventually admits … Much of the case law in fact supports the Bybee Memo’s conclusion that the term ‘torture’ should be applied to more severe forms of cruel, inhuman and degrading treatment.”
“By the way, the DOJ Unclassified Draft does not explain how the Bybee Memorandum is really different than the Levin Memorandum that replaced it. How are the Bradbury Memoranda different? If you leave out the portions of the Bybee Memorandum that discusses possible defenses that may or may not work, exactly what is the difference? You would think that would be important, but the DOJ Unclassified Draft simply announces that it sees no need to consider those Memoranda and or explain exactly what did they correct and what they did not correct.”
“The DOJ Unclassified Draft also fails to disclose highly relevant information, i.e., the view of Jack Goldsmith, the head of OLC who withdrew the Bybee Memorandum. Mr. Goldsmith believes that Mr. Yoo was not incompetent and that the efforts of the authors of the DOJ Unclassified Draft to discipline Mr. Yoo are – in his words – a ‘witch hunt.’… That is a little piece of information that the anonymous authors of the DOJ Unclassified Draft should have disclosed, unless they were dishonest or incompetent. Anyone who did not think of asking Jack Goldsmith that question is incompetent; anyone who asked the question but did not disclose his answer is dishonest. The authors have no problem quoting hearsay statements from newspapers; they should have disclosed highly relevant information from Jack Goldsmith, whom they interviewed.”
“Before I proceed further, I should disclose my own personal bias. As a deontological matter, I am against torture. . . . Even in the ticking bomb scenario, I am against torture. I know that intelligent people like Professor Alan Dershowitz have advocated a ‘torture warrant,’ but I disagree.”

Leaks have been par for the course during this long interrogation of Yoo and Bybee. The least they deserve right now is full, transparent documentation in their vindication.