The report is causing “anxiety among former Bush administration officials”. The department’s ethics watchdog, the Office of Professional Responsibility (OPR), will present findings to Attorney-General Eric Holder Jr and with his approval pending, the report could be forwarded to state bar associations for “possible disciplinary action”.

But some former Bush officials are “furious” about the initial findings and question the premise of the probe: “OPR is not competent to judge [the opinions by Justice attorneys]. They’re not constitutional scholars,” said one former Bush lawyer.