by Faiz Shakir, Amanda Terkel, Satyam Khanna, Matt Corley, Benjamin Armbruster, Ali Frick, and Ryan Powers
Impeach Judge Bybee
Last week, President Obama released four
Bush-era Office of Legal Counsel memos that had authorized torture.
"In dozens of
pages of dispassionate
legal prose,
the methods approved by the Bush administration for extracting
information from senior operatives of Al Qaeda are spelled out in
careful detail -- like keeping detainees awake for up to 11 straight
days, placing them in a dark, cramped box or putting insects into the
box to exploit their fears," The New York Times writes. The earliest
memo, from 2002, was signed
by Jay Bybee,
then an Assistant Attorney General and now a federal judge on the 9th
Circuit Court of Appeals. Bybee's memo provided "a legal authorization
for a laundry list of proposed C.I.A. interrogation techniques,"
including waterboarding. The techniques Bybee approved are
illegal by U.S.
statute and an international
treaty to which the U.S.
is a signatory.
Bybee attempted to give legal cover to illegal acts, and thus broke the
ethical, professional, and legal standards that govern lawyers.
For this, Judge Jay
Bybee should be impeached. The Progress Report has launched a campaign to
persuade the House Judiciary Committee to initiate impeachment hearings
against Bybee. Already, more than 3,000 of you have taken action. Join our
effort to convince the committee to launch hearings.
WHAT BYBEE APPROVED: "[I]n the
finest legalese" and with "grotesque,
lawyerly logic," Bybee wrote 40 pages of justification for
treatment that clearly constituted "cruel, inhuman or degrading
treatment."
He approved a method called "walling," which entailed slamming a
detainee against a wall. Bybee claimed that "any pain
experienced is not
of the intensity associated with serious physical injury." He also
gave a thumbs up to slapping a detainee's face as long as the
interrogator took off any rings. "The facial slap does
not produce pain that is difficult to endure," he insisted. And
feel free to place detainees in stress positions, Bybee said: these "simply
involve
forcing the subject to remain in uncomfortable positions." Most
notoriously, Bybee declared that waterboarding -- a technique perfected
during the Spanish Inquisition that the United States later
prosecuted Japanese officers
for conducting against U.S. POWs -- was both legal and safe. "The waterboard…inflicts
no pain or actual harm whatsoever," Bybee claimed. He said that
U.S. law bans only techniques that cause "pain and suffering," a phrase
"best
understood as a single concept, not distinct concepts of 'pain' as
distinguished from 'suffering.'"
Since waterboarding causes no "pain," Bybee declares it
legal. In fact, he wrote, even one separates "pain" from "suffering,"
waterboarding would still be acceptable: "The
waterboard is simply a controlled acute episode, lacking the
connotation of a protracted period of time generally given to
suffering."
HOW TO IMPEACH BYBEE: The Progress Report is asking readers to
sign a petition
to be sent to the House Judiciary Committee, urging it
to hold hearings on Bybee. After the hearings, the Committee would draw
up articles of impeachment, and pass them with a simple majority vote.
From
there, the articles move to the full House, which can also approve them
with
a simple majority. The House sends two "managers" to serve as
prosecutors in the impeachment trial, conducted in the Senate if a
majority agrees to move forward. It takes 67 Senators to convict -- and
a conviction would remove Bybee from the bench. Calling for his
impeachment in January, Yale Law professor Bruce Ackerman wrote,
"[Bybee's] impeachment is not a prelude to a sweeping political
vendetta. It focuses on a
very particular problem:
Jay Bybee may serve for decades on one of the highest courts in the
land. Is his continued service consistent with his role in the
systematic perpetration of war crimes?" The New York Times called for
Bybee's impeachment this weekend, writing that the "memos make it clear
that Mr.
Bybee is unfit for a job that
requires legal judgment and a respect for the Constitution." "His
flagrant contempt for the rule
of law is utterly inconsistent with his judicial position and
speaks
directly to his competency to function in that office," stated the
Center for Constitutional Rights. "He
ought to be impeached,"
House Judiciary Committee member Jerry Nadler (D-NY) told the
Huffington Post yesterday. "It was not an honest legal memo. It was an
instruction manual on how to break the law. "Senate Judiciary
Committee member Sheldon Whitehouse
(D-RI) agreed that impeachment is "certainly
possible." "The idea of the author of one of these memos sitting on
the federal bench makes a
farce of the whole legal system," wrote the Center for American
Progress Action Fund's Matthew Yglesias.
A PATH TO ACCOUNTABILITY: In
2003, Bybee was nominated by President Bush and approved by the
Senate to sit on the 9th Circuit Court of Appeals. During his
confirmation hearing, Bybee refused to answer questions, citing
executive privilege at
least 20 separate times. "If the Senate had known the truth, it would have rejected him,"
Ackerman wrote. Launching the impeachment process would force Bybee to
finally answer questions. And with the Obama administration hesitant
to launch prosecutions
of any kind,
an impeachment hearing might be the closest thing Americans get to a
full accounting of Bush's torture program. Indeed, when pressed
yesterday
on why Obama was refusing to hold Bush administration lawyers who
authored
the torture memos "accountable," White House press secretary Robert
Gibbs stated
simply, "The
president is focused on looking forward. That's why." Looking
forward, however, "it is simply
obvious that, if
there is no accountability when wrongdoing is exposed, future
violations will not be deterred," House Judiciary Committee Chairman
John Conyers (D-MI) said yesterday. Sign our petition here
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Today, President Obama is expected to sign a bill expanding the AmeriCorps program which will provide more funding to help more Americans mentor children, clean up parks, or build and weatherize homes for the poor.
THINK
PROGRESS: Newt Gingrich falsely claims U.S. presidents don't "smile
and greet" Russian leaders.
WONK
ROOM: Steel town mayor to testify on behalf of green jobs during
whirlwind week of clean energy hearings.
YGLESIAS:
The United States is falling behind in the development of clean energy
technology.
GLENN
THRUSH: Rep. Ron Paul (R-TX) defends Texas secession as "very much
an American principle."
FLORIDA: "A top House Republican will unveil legislation Tuesday that could open the door to the first oil and gas drilling off Florida's coast in decades."
NEW YORK: Gay rights groups are angry with former New York City mayor Rudy Giuliani's war on same-sex marriage.
TEXAS: State Senate goes against Gov. Rick Perry (R) on unemployment aid in the federal stimulus.
"He's just an entertainer."
-- Rep. Todd Tiahrt (R-KS), 4/14/09, referring to right-wing radio host Rush Limbaugh
VERSUS
"The congressman believes Rush is a great leader of the conservative movement in America."
-- Tiahrt's spokesperson, 4/19/09
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