It's Time to Impeach Jay Bybee

Bumped. The New York Times this morning joins those calling for Bybee's impeachment. - Todd

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

email contact form

He's created a petition at Petition Online urging the CDP to pass this, which is open to all Americans, not just Californians.

Petition

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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Re: It's Time to Impeach Jay Bybee (none / 0)

How can you impeach a judge for what he did before he was a judge?


by Thaddeus on Sun Apr 19, 2009 at 12:31:56 AM EST

Re: It's Time to Impeach Jay Bybee (none / 0)

Because it's new information.  The threshold of impeaching judges is lower than impeaching presidents because a) it's a lifetime appointment and b) they're not subject to elections.

Does giving the go-ahead to torturing prisoners render him unfit for the bench?  I think that's an easy one.


When you start out making the "slippery slope" argument, where do you draw the line?
by Jess81 on Sun Apr 19, 2009 at 04:10:34 AM EST
[ Parent ]

What is interesting is, I bet he DOES NOT (none / 0)

Get impeached, if it comes to it.

The left is in an outrage, Obama MUST be impeached...there is a guy at Open Left doing diary after diary claiming Obama is in esscence a nazi sympathizer...The Circular Firing Squad is in full force.

But, the general public? They are worried about the homes, their jobs, their kids future...

I truly wonder if this would have mass support?

And, I don't believe anybody here can really put their finger in the wind and answer.

Remember, this country RE-ELECTED George Bush?

Nothing is does surprises me anymore.


Support the separation of Church and State: Vote YES on WA R-71!
by WashStateBlue on Sun Apr 19, 2009 at 10:31:26 AM EST
[ Parent ]

You'll be happier (2.00 / 1)

and saner if you didn't pay too much attention to our friends at OpenLeft. I love them but it doesn't mean I pay Paul and David much heed. They get carried away. You don't win moral arguments by shouting. You win by the force of conviction and enduring pain with much patience, the realpolitik of a Buddha.


Follow me on Twitter.
by Charles Lemos on Sun Apr 19, 2009 at 07:54:08 PM EST
[ Parent ]

Re: You'll be happier (none / 0)

It's a fine line to walk - keeping an eye on them is entertaining to a point, and then it becomes maddening.  5 minutes of Rush Limbaugh is a hoot: an hour and veins will be popping out of my forehead.


When you start out making the "slippery slope" argument, where do you draw the line?
by Jess81 on Sun Apr 19, 2009 at 08:23:18 PM EST
[ Parent ]

Re: You'll be happier (none / 0)

Overton Window much?


by Lucas O'Connor on Mon Apr 20, 2009 at 04:51:04 PM EST
[ Parent ]

Grounds for Impeachment (2.00 / 1)

From the Hoover Institution http://www.hoover.org/publications/polic yreview/3573762.html

"Ultimately, it's up to the Congress to determine the proper grounds under the Constitution for impeaching a federal judge. The Supreme Court ruled just four years ago that matters governing impeachment are left to Congress and that the courts are powerless to review impeachment decisions (Nixon v. United States, 1993). Writing for the majority, Chief Justice William Rehnquist reasoned: '[j]udicial review [of impeachments] would be inconsistent with the Framers' insistence that our system be one of checks and balances. In our constitutional system, impeachment was designed to be the only check on the judicial branch by the Legislature.'"

I think we all agree that Bybee engaged in ethical lapses, violations of international and American law, and conspired in forumulating a legal argument for an illegal act contra the duties of his OLC office and his ethical obligations.


by MAL Contends on Sun Apr 19, 2009 at 12:47:12 PM EST

Re: It's Time to Impeach Jay Bybee (none / 0)

I doubt enough Republicans would support impeachment, but that shouldn't stop us from trying....and at the very least a somwhat close to successful vote will go on record.  I would expect him to be impeached by the House, but not convicted by the Senate.  Still, that is a stain on one's record.


by gorebeatbush2 on Sun Apr 19, 2009 at 01:01:34 PM EST


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