NYT editorial calls for impeachment of Judge Jay Bybee.
NYT editorial calls for impeachment of Judge Jay Bybee.
In his capacity as former head of the Office of Legal Counsel (OLC), Jay Bybee’s “name appears as the author of the August 1, 2002 memo justifying and authorizing clear acts of torture by the CIA.” For his willingness to engage in torturous legal reasoning, Bybee was awarded a lifetime seat on the 9th Circuit Court of Appeals by President Bush. The Senate confirmed him with a 74-19 vote. The New York Times writes that the newly-released OLC torture memos make it appropriate for Congress to reconsider its decision to approve Bybee:
These memos make it clear that Mr. Bybee is unfit for a job that requires legal judgment and a respect for the Constitution. Congress should impeach him.
The California Democratic Party, which is holding its convention next weekend, will consider “a resolution from grassroots activists calling for Jay Bybee’s impeachment.”
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Absolutly. Impeach him. Then look at disbarring him.
April 19th, 2009 at 9:31 amImprison
April 19th, 2009 at 9:31 amAgreed.
I wouldn’t want this extreme ideologue passing any judgment on any fellow American, considering how warped his judgement is.
April 19th, 2009 at 9:33 amimpeach? how about indict/incarcerate
April 19th, 2009 at 9:34 amImpeachment is possible only if he gave a blow job.
April 19th, 2009 at 9:37 amcorsair,
April 19th, 2009 at 9:39 amin a way he did, to 43 in order to get the job. he had to become 43’s legal beyotch
Hmmm. He sounds like one of those “activist judges” that the Republicans rail against…
April 19th, 2009 at 9:41 amIf Bybee is being set up as the sole scapegoat, I say dig a hole, start a fire, and I’ll whip up a tasty batch of scapegoat sauce. My point being if its even just one person being called to account (he isn’t actually being prosecuted for anything), it’s better than setting a consequence-free precedent for those who would attempt such legal sandbagging in future administrations.
April 19th, 2009 at 9:43 amWe in Texas also suport the impeachmet of the judge,he isnt on track with the law of USA He ,the judge told Bush it was ok and wasnt
April 19th, 2009 at 9:57 amThis guy has no business overseeing a court. He should be tried like all the thugs in the Bushevik Crime Family. The law is all we have to keep this nation.
April 19th, 2009 at 10:12 amImpeachment would be the appropriate action. Bybee’s role in creating the legal interpretations that okayed torture provide a window on his mindset that clearly makes him unfit to be a judge, let alone one appointed for life.
On a secondary note, once again, the Senate, excepting 10 Senators, has sherked their oversight responsibility in approving Bybee’s nomination. There will need to be incredible pressure placed on them to impeach, so if you really want to see this happen, get ready to make your Senators bow to the will of the people.
April 19th, 2009 at 10:21 amAbsolutely, If this guy cannot judge by the law instead of political beliefs he should be impeached, disbarred and prosecuted.
April 19th, 2009 at 10:41 amPerhaps the Judge should be rendered to a 3rd country that hasn’t yet heard of the change in America’s policy on torture . How many friends would he make there among the disappeared ?
April 19th, 2009 at 10:56 amWill there ever be an accounting of the tortured that were rendered to our black sites or sent to 3rd countries who then tortured them to death , if no trials are allowed to proceed ?
April 19th, 2009 at 10:59 amThe country who gave the world the Conquistador and the Inquisition has a good opportunity here to absolve some of it’s past sins ! Protecting the torturers will only allow this to happen again !
April 19th, 2009 at 11:02 amImpeach him to make room for an Obama appointee. The 9th has consistently been a long-time resource for sensible, intelligent, empathetic (iow, liberal) judgments while the rest of the Federal courts turned increasingly shrill and right wing. The court has been particularly important in environmental issues; we can’t afford to lose yet another critical court to the wingers.
April 19th, 2009 at 11:08 amI don’t think Judge Bybee can be impeached for writing memos while he worked in the White House. The Constitution says
As much as I want to see him removed from the federal bench, I believe that can only be done for something he did after he became a judge. If there was any question about his fitness to be a judge, he should never have been confirmed. The US Senate is to blame for putting him on the bench without understanding his judicial philosophy.
In order to impeach Judge Bybee, he has to make a ruling that proves his unfitness to be a judge. I do not believe he can be impeached for something he did before he became a judge. I know that we couldn’t prove anything about these memos because Bush illegally classified them, but if any doubts lingered, the Senate should never have overwhelmingly confirmed him. I’m sorry, and I don’t like it, either, but we do have to follow the Constitution, and the Constitution says we can’t impeach him for doing disqualifying things after we already said he was qualified.
April 19th, 2009 at 11:26 amI agree Impeach the bastard – Bybee has no place in the judicial system.
April 19th, 2009 at 11:28 amO/T
April 19th, 2009 at 11:37 amthought this was interesting in the UN’s news letter .
http://www.mg.co.za/article/2009-04-17-india-leaders-cower-from-shoecide-attacks
If you let this guy remain a federal judge, you are a nation of criminals instead of laws. There really is no way around it.
April 19th, 2009 at 11:39 amIf, on the other hand, the release of these memos proves that Bybee lied during his confirmation hearings (assuming he had any), then he can be charged with perjury, tried, convicted, and then he can be impeached (if he didn’t have the common sense to resign once convicted.) He wouldn’t be able to show up for work while in prison, so his impeachment for bad behavior while being a judge would be assured.
But I do not believe he can be impeached for writing these memos before he became a judge.
I don’t like it, either, and I want to see him removed from the bench, but we have to do this legally and properly.
April 19th, 2009 at 11:49 amWayne Ant Schneider,
Unless you’ve got some links to specific constitutional and/or judicial limits on the impeachment power, I think you’re buying into a complete red herring. Judge Bybee should be disbarred for abusing his status as a member of the bar, clearly he was twisting the law not attempting anything like a good-faith interpretation of it. If the man is unfit to serve as a lawyer, he is at least as unfit to serve as a judge. THe fact that he was confirmed isn’t a retroactive cart-blanche absolution for his past misdeeds, especially those that may well be criminal. What he did directly reflects his ability to uphold the rule of law. If he can’t be impeached for this, then the system is beyond broken.
April 19th, 2009 at 1:37 pmIt doesn’t get more serious than torture. If everything legally possible isn’t done to punish them all from top to bottom, we are all screwed.
Better take a real close look at the last eight years. A really fine grained analysis of the last eight years, all out on the table. These are very bad boys indeed.
These bushies, including bybee, that have burrowed in must be surgically removed before they activate and spread.
April 19th, 2009 at 2:12 pmBullsmith,
My apologies for not spelling out up front that I am not a lawyer, nor have I ever had any legal training. I do read, however, and reading the Constitution, it doesn’t sound like a judge can be “un-confirmed” once he’s on the bench.
And I’m not “buying into a complete red herring.” If anything, I’m the one who might be offering it for sale. But since the vast majority of people posting here are not lawyers, either (are you?), I would say my opinion is just as valid as any other non-lawyer’s opinion.
And even if I knew how to look up legal decisions, I am doubtful that this issue has come up very often, but I admit I do not know.
Can you provide me with solid proof that I am wrong? I will gladly change my opinion if presented with facts that show the premises of my conclusions were flawed.
April 19th, 2009 at 3:32 pmApril 19th, 2009 at 4:09 pm
Bye-bye Bybee.
But one has to wonder how many more “Bybees” have been planted on the federal bench by the Bush administration, the most corrupt and criminal administration in American history, similar conservative judges to Bybee with the same tortured judicial temperament.
April 19th, 2009 at 8:33 pmExcuse me to all you apologists here, but violating international law and excusing war crimes damn well be grounds for impeachment. He was appointed to the court when congress was being essentially blackmailed to back all Bush appointees. Laws? What laws? The people of California might want to make a stink.
April 19th, 2009 at 9:39 pmBybee should be removed from the bench, he’s very dangerous. I’m please though that a real ‘organic grass-roots’ will be protesting for his removal.
April 19th, 2009 at 10:19 pmI call for the appointment of a Special impartial prosecutor to investigate.
Take it where it leads. If nothing is there, fine. If criminal activity is evident, (and I believe it is), then prosecute.
And yes, Bybee needs to be removed from the bench.
If Bybee can skirt and flirt the law for the Bush Adm. He can do it for his wealthy supportors.
This packs courts with more extreme bias toward those not worthy.
April 20th, 2009 at 3:51 amThe judicial class warfare………….