themcglynn.com

02 May

Jay Bybee Would Write Same Torture Memos Again

Not Only Does Bybee Show No Remorse, He’d Write The Same Torture

Memos AGAIN!

The Peace Team

First they floated sympathetic stories that Jay Bybee, currently a lifetime appellate judge for the 9th Circuit, had “private regrets” about his role in writing the torture memos. But when he finally and actually opened his own mouth recently in public, he declared he still believed they represented a “good faith analysis of the law”.In other words, given a chance, he’d do the same thing again today, in exactly the same way.

This is beyond outrageous. No contrition, no remorse, just the same self-serving self-justification which led to him signing off on indefensible and long settled war crimes in the first place. He is practically shouting at us, “Stop me before I write another legal atrocity!” Which he will, over and over, if not removed from the federal bench immediately.

To this non lawyer, Bybee’s memo is an affront to sanity, not because it is a shamefully hackneyed effort to paper over torture methods which were already in use and which then apparently required official legal sanction by Bush, Cheney et al. That’s obvious. What is insane to me is how shockingly bad it is as legal scholarship. No discussion of contrary case law or existing historic and legal traditions relating to the proposed torture techniques, no analysis of legislative history, no effort at statutory construction, and conclusory in the extreme to the point of madness.

Where was his mind at? Any thought as to Nuremberg, a direct precedent relating to Nazi lawyers who approved or failed to object to “legal” activities that were nonetheless crimes against humanity.  The common man, such as I, know that lawyers and judges, acting as surrogates to criminal activities, must nonetheless be held accountable for the resulting crimes

If he is not capable of enough shame to resign, he must be impeached.

Petition for Impeachment

Addendum: And where in Hell is the American Bar Association?!

Question: On the Nomination (Confirmantion Jay S. Bybee, Of Nevada, To Be U.S. Circuit Judge, March 13, 2003

Democrats who voted in favor:

Alaska (D-HI), Yea

Baucus (D-MT), Yea

Bayh (D-IN), Yea

Bingaman (D-NM), Yea

Breaux (D-LA), Yea

Cantwell (D-WA), Yea

Carper (D-DE), Yea

Conrad (D-ND), Yea

Daschle (D-SD), Yea

Dodd (D-CT), Yea

Dorgan (D-ND), Yea

Graham (D-FL), Yea

Hollings (D-SC), Yea

Jeffords (I-VT), Yea

Johnson (D-SD), Yea

Kohl (D-WI), Yea

Landrieu (D-LA), Yea

Leahy (D-VT), Yea

Lieberman (D-CT), Yea

Lincoln (D-AR), Yea

Miller (D-GA), Yea

Nelson (D-FL), Yea

Nelson (D-NE), Yea

Pryor (D-AR), Yea

Reid (D-NV), Yea

Rockefeller (D-WV), Yea

Schumer (D-NY), Yea

It is Michigan’s honor that Senators Levin and Stabenow voted Nay.

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