At Calitics today, David Dayen has a fantastic piece outlining the case and procedure to impeach Judge Jay Bybee in light of his recently released 2002 torture memo. Emptywheel today has some of the gut-wrenching details of the torture that came from the Bybee memo, and Dayen lays out why this needs to come to Bybee's doorstep now:
As many people noted yesterday, Jay Bybee, the former head of the Office of Legal Counsel whose name appears as the author of the August 1, 2002 memo justifying and authorizing clear acts of torture by the CIA (some argue that John Yoo wrote the memo, but Bybee signed it), now works as a federal judge on the 9th Circuit Court of Appeals in San Francisco, with a lifetime appointment. He sits in judgment when we have clear evidence that his judgment is fractured. In just this particular memo, he agreed that waterboarding "constitutes the imminent threat of death" and still allowed its use. He twisted the research of sleep deprivation experts to justify the torturous delivery of harm to prisoners through this technique. He found the rationales to explain away his own legal exposure and that of his superiors, while clearly understanding these techniques to be wrong when applied by other countries.
As it happens, the California Democratic Party is holding its convention next weekeend, and will consider a resolution from grassroots activists calling for Jay Bybee's impeachment from the 9th Circuit. As Dayen notes, it has already been passed unanimously by the Los Angeles Democratic Club, and is viable and extremely important now at the state level.
While resolutions such as this have no inherent power, they can be extremely effective as tools to prod our elected officials to action- and action here is necessary. The resolution requires "a copy of this resolution with its original authorization be sent to the Office of the Speaker of the United States House of Representatives, the Chair of the House Judiciary Committee, and the Majority Leader of the United States Senate, and that copies of the signed resolution be sent to each member of the California delegation to the United States Senate and House of Representatives." Which means that, if successful, none of these people will have any excuse for not stepping up.
If you can contact the CDP (especially Californians, but I'm sure they'd just love to hear from anyone) before next week's convention on this issue, it would be a great help. The decisions impacting the fate of this amendment will likely come before the convention, and it's vital that constituents make sure that CDP leadership knows that this is important.
Sacramento Office
(916) 442-5707 phone
(916) 442-5715 fax
Los Angeles Office
(310) 407-0980 phone
(310) 407-0981 fax
He's created a petition at Petition Online urging the CDP to pass this, which is open to all Americans, not just Californians.
He has the full text of the resolution at the end of his post, and I encourage everyone to check it out, sign the petition, contact the CDP and get on board.
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