Please join C&L's efforts to impeach Judge Bybee
By John Amato Monday Apr 20, 2009 1:35pm
I've joined up with the Courage Campaign to begin an action that will result in the impeachment of Judge Jay Bybee. He is not fit to hold this position. The OLC is not supposed to rubber stamp any administration's causes.
The OLC drafts legal opinions of the Attorney General and also provides its own written opinions and oral advice in response to requests from the Counsel to the President, the various agencies of the executive branch, and offices within the Department of Justice. Such requests typically deal with legal issues of particular complexity and importance or about which two or more agencies are in disagreement. The Office also is responsible for providing legal advice to the executive branch on all constitutional questions and reviewing pending legislation for constitutionality. The decisions of the Office are binding on all executive agencies.
How could he possibly justify torture and then sit on the 9th circuit?
Join the grassroots movement to impeach Judge Jay Bybee by signing your name to the resolution before Friday's California Democratic Party convention.
When President Barack Obama released the contents of President Bush's torture memos, America learned the full extent of the horror that was unleashed at Guanatanamo Bay on detainees. One of the memos was written by Jay Bybee in August 2002. It authorized the use of waterboarding, "cramped confinement", "walling" -- where a detainee's head is repeatedly pushed against a wall -- and even putting insects into a confined space with a detainee.
Jay Bybee is now a federal judge here in California, serving on the important Ninth Circuit Federal Court of Appeals, based in San Francisco. He has not been held accountable for the lawbreaking he committed and enabled.
The California grassroots are determined to change that. Los Angeles Democratic activists John Heaner, Agi Kessler and Richard Mathews have sponsored a resolution calling on the House of Representatives to begin impeachment proceedings against Jay Bybee.
Please join the L.A. County Democratic Party, Wellstone Democratic Renewal Club, Progressive Democrats of Los Angeles, and the Crooks and Liars blog by signing your name in support of this resolution. DEADLINE: Friday 9 AM:...read on
As the ACLU pointed out on C&L this weekend:
In an 18-page memo (PDF) dated August 1, 2002, then-Assistant Attorney General to the Office of Legal Counsel, Jay Bybee, analyzes specific techniques – facial holds and slaps, placing detainees in confinement boxes (including placing one detainee in a box with an insect after he conveyed having a fear of insects), prolonged sleep deprivation, and waterboarding – and concludes that these methods, administered individually and in combination, do not constitute severe physical or mental pain and suffering.
Shockingly, Bybee also states that the presence of medical personnel at the time of interrogation implied that “those carrying out these procedures would not have the specific intent to inflict severe physical pain or suffering.” He concludes that the absence of specific intent negates the charge of torture. This memo is considered one of the cornerstones of the torture program, and provides written authorizations to the CIA to use such harsh interrogation techniques.
If this man can make a ruling like that just to placate Cheney's thirst for torture---what can he do in the future? He must be removed.
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How could the president authorize torture and not be impeached?
How could congress not investigate torture?
How could the current president offer blanket immunity for torture.
This judge remaining on the bench is the least of this country's troubles. If we're not going to put bush in jail for torturing, why bother with this tool of a judge?
Sorry for the bitter cynicism.
some of your thunder, FilthyHarry, I have a phrase when I think of the Shrub years:
A cynic is a realist with experience.
ALL of congress has been complicit in this behavior that's been going on for decades.
Stop being naive.
Why hasn't he been disbarred as an attorney? That would end his career as a judge.
I wonder what the California Bar Association has to say about him still being allowed to practice law?
I was questioning the naivete in the question: "How could he possibly justify torture and then sit on the 9th circuit?" by posing rhetorical questions that highlight the silliness, imo, of wondering how this, relatively, minor offical isn't being held accountable when higher ups are not.
And they are complicit in their support of torture as an extension of foreign policy.
"which critics say are torture." msn.com
whats a few thousand world lawyers between war criminals.
Grow a pair Barry, and scatter them to the wind.
Send the Army and the FBI into Langley, arrest the CIA en masses. Lets see some trials.
Its worth doing just to avenge the memory of JFK and RFK. Remember they were both Democratic politicians murdered by the CIA.
Conspiracy after the fact !!!
And done with enthusiasm and pride.
Rid the whole judiciary of torture apologists and misfits like this war criminal.
Then put him on the other side of the bench and let him face a real judge.
This was the America we thought we were:
He knew full well what the CIA, US officials and others were doing in his name.
I signed the petition.....but, but, but.....isn't the 9th circuit that one BillO the Clown likes to bash for being far left loons and "activist" judges???
My wife and I are both in.
Take a moment to read Bernard Chazelle over at "A tine Revolution"
"They've Always Tortured. The Difference Is Now They Write Memos"
Torture, it seems, is nothing new at all to the Washington crew. I would fathom that the Bush Administration and OLC's greatest error was seeking "official" support for extending that which has always been done in the shadows and extending that to official policy.
I'm not arguing in any way shape or form that Bybee shouldn't be impeached. But I think a little historical context would go a long way to understand, the problem is systemic and not limited to just the lawyers.
I like this from the comments section:
"That would point to the CIA as the proximate poison in the body politic"
It's true, Jay was just doin his job...lol lol lol lol.
Fucking imperialistic Washington DC...
But I'm gonna sign it anyway.
Why miss the chance to get one of them?
But you ARE right.
The US has made the torture and slaughter of foreign civilians commonplace since WWII.
Thankfully, they wrote these memos, which brought the fact that the US tortures people into the public eye.
The fact that they were so arrogant (or stupid, or both) to think that they could do it publicly in front of everyone and just get away with it...oh wait...
Does it count if you don't live in California?
Today, White House Press Secretary Robert Gibbs confirmed that these
officials would not be “held accountable”.
http://thinkprogress.org/2009/04/20/gibbs-tor...
CNN’S ED HENRY: Just so I understand, you’re saying the people in the CIA who followed through on what they were told was legal, they should not be prosecuted? But why not the Bush administration lawyers who, in the eyes of a lot of your supporters on the left, twisted the law, why are they not being held accountable?
GIBBS: The president is focused on looking forward. That’s why.
Regards, Steve
is interested in persuing this now but why wasn't CNN and Ed Henry interested in persuing it when Bush was in office? I think it is only to try to embarrass the Obama administration. Don't get me wrong, I signed the petition and don't agree with the decisions not to prosecute.
I am a staunch Obama supporter…….It’s not “looking to the past” to ENFORCE the LAW. Since WHEN is NOT enforcing the law an acceptable option in AMERICA? It is “ignoring the law” to choose to ALLOW LAWBREAKERS TO GO UNPROSECUTED FOR THEIR CRIMES. Since WHEN is the POLITICAL ramifications of prosecution an acceptable or relevant argument?
WHERE does President Obama draw the line when it comes to IGNORING illegal acts? Is it EVERYONE in AMERICA who broke the law during Bush’s/Cheney’s reign; or is it ONLY those who were active participants in AIDING and or ABETTING Bush and Cheney? Since WHEN is someone who aids and abets a crime not subject to CRIMINAL prosecution?
The precedents that President Obama would set in failing to hold Bush administration appointees and or employees legally accountable for their illegal actions if FAR MORE DANGEROUS TO AMERICA’S FUTURE than whatever POLITICAL COST we might pay.
How can a Constitutional Law Professor advocate IGNORING the reasons that America was founded as a NATION OF LAWS instead of a NATION OF MEN?!
President Obama is WRONG to PREVENT the prescribed enforcement of our laws. In making the argument that “we have more pressing matters to consider”, he is making the SAME ARGUMENT to IGNORE our laws that the Bush administration made to VIOLATE them. The ends DO NOT justify the means!
THIS GUY NEEDS TO GO!
But why is Obama proecting the war criminals for? By doing so he became one too.
Today he made a nice visit to CIA, to
campaigner give another speech, this time THANKING THEM for the work they do (insert wink, wink here). Seems not only is he looking forward, but also giving high fives to the cast of torturers. How nice. Thank Gawd McCain wasn't elected, huh?Well it really wouldn't have made a real difference between the two I am afraid. America had its chance to vote real candidates and they had lots of options.
1. Paul
2. Kucinich
3. Gravel
4. Mckinney
5. Constitution Party
6. Nader
But NO had to go for banker owned CFR media created hero.
Well people really do reap what they sow.
sadly they voted for the marketing created catchphrase. Somehow suspect if Ronald McDonald had been chosen by the elites, you'd be hearing "I'm Lovin' it" at every rally and speech. It's great to see and hear someone that can give a great speech written by someone else, but does he ever quit campaigning? Seriously, every speech sounds like the election is next week and not over already.
Well its the same thing in our country, we still vote Liberal and Con yet we get more crap. We have to stop too, there are better parties waiting for support but America has more to choose from.
why is Obama allowing all this? You'd think he doesn't actually believe torture is wrong.
I think he thinks its just fine because he is letting war criminals go...and yet he still wants to put pot heads in jail.
Clean that state up man, get the economy rolling again, I can only wait so long, hurry hurry hurry.
Not going to happen.
TAKE ACTION: Tell Congress To Hold Impeachment Hearings Against Judge Jay Bybee
http://thinkprogress.org/2009/04/20/action-im...
the more petitions the merrier!
I want to repeat a comment I read elsewhere but it's sheer laconic purity sums up my feeling.
How can we address this man as 'your honor'?
arrived today....
'It may be that the female John Roberts is out there.* Like Roberts, Maureen Mahoney is a leading Supreme Court litigator; she's been arguing before the court since 1988. Like Roberts, she's from the Midwest (born in South Bend, Ind.). Like Roberts, she clerked for Chief Justice William Rehnquist. Like Roberts, she was one of Kenneth Starr's deputies when he was solicitor general for Bush I.
Mahoney's problem: She has argued in favor of affirmative action -- on the winning side for the University of Michigan Law School in the 2003 Supreme Court case Grutter v. Bollinger. But that shouldn't disqualify her if defending development restrictions around Lake Tahoe -- a bad loss for the property-rights movement -- didn't disqualify Roberts....'
her services are pro bono....
Shockingly, Bybee also states that the presence of medical personnel at the time of interrogation implied that “those carrying out these procedures would not have the specific intent to inflict severe physical pain or suffering.”
So by his definition Dr. Josef Mengele was just a good doctor.
What I can't get over is where did Bush find these guys and why are there so many of them (his whole administration). Start the war crimes investigation now and go higher the Pfc. Lynddie England.
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