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McCaskill on impeaching Jay Bybee: ‘I think we have to look at it.’

This morning on Fox News, Sen. Claire McCaskill (D-MO) said that, while she agreed with President Obama’s decision not to prosecute CIA agents who carried out torture, more scrutiny needs to be directed at the “lawyers who gave this advice”:

What’s scary to me, Chris, is that one of them got a lifetime appointment on a federal bench. Yikes! You know, a lawyer that’s responsible for this kind of advice that clearly went too far in terms of stretching what our law is. It worries me that he’s sitting on the federal bench right now.

She then said she doesn’t want to “look in the rearview mirror.” Asked by host Chris Wallace whether she would favor the impeachment of the judge, Jay Bybee, McCaskill responded, “I don’t know. I think we have to look at it.” Watch it:

Steve Benen writes, “The question shouldn’t be whether to impeach Jay Bybee, but rather, how quickly the impeachment hearings can begin.”



59 Responses to “McCaskill on impeaching Jay Bybee: ‘I think we have to look at it.’”

  1. Another Joe says:

    If people are willing to give chimpy, cheney, and rummy a free pass on this (and Obama is), then why does anyone think that anything will stick to bybee?

    If we want to see justice, it ain’t gonna happen by making the lawyers that did what they were hired to do responsible for the folks that demanded they do it.

    Sure – impeach him, but that will do nothing if the folks that authorized the torture get a get-out-of-jail-free card.


  2. SharksBreath says:

    Let’s just open the jails.

    What the hell do they think the law does. It looks back at actions and determines if a crime was committed and should be prosecuted.

    Let’s just look forward on every drug dealer, murderer, thief and prostitute.

    Why even have jails.


  3. Rodeskawler says:

    Why even have jails?

    To keep the peasants in check. Laws are only made for the peasants, not the multi-national, investment class elitists in Washington.

    Obama became a millionaire last year. He is no longer a member of our team by his choice.


  4. krazeeinjun says:

    ENOUGH! Of these wimpy Democrats pretending to have respect for the rule of law. Sen. McCaskill — if you are not honorable enough to call a war crime a war crime — get your ass out of our government! Same with all the rest. Sick of this sh!t.

    Just saying…


  5. Libellula saturata Annie says:

    Let’s get on with it. If you have to start with Bybee, fine – but let’s do the right thing and prosecute the war criminals in our midst!!

    NOW.


  6. pastcaring says:

    McCaskill, isn’t she part of the Evan Bayh crew who were setting themselves up as Obama’s ‘principled opposition’, aka the moderate working group?

    Screw her and her principled opposition…talk is not action.


  7. barfly says:

    While I previously said he should be scapegoated and impeached if for no other reason than to send a message to future administrations, I now question the wisdom. Given the fact that Bybee would then become the newest martyr of the Right (and we would have a near-endless flying monkey assault), what with the book deals and speaking tours, it would accomplish little more than giving Bybee a larger income than he would have gotten at his old job as a judge.


  8. tarazan says:

    The sickening part of this issue is that the Senate approved Bybee with a solid majority…!!
    Why didn’t Senators ask the right questions during confirmation’s process? Where were they..?


  9. Wayne Ant Schneider says:

    Once appointed to the federal bench, Judge Bybee need only “hold his Office[s] during good Behaviour” to avoid impeachment. I do not believe he can legally be removed from the bench after he was confirmed for things he did before he was confirmed. That is a failing of the US Senate, but until Judge Bybee issues a ruling that demonstrates his lack of fitness for office, I’m afraid we’re stuck with him. I don’t like it, either, but I do not believe impeachment for writing those memos would be constitutional. Sorry.


  10. aquarius2 says:

    #11

    Maybe they did ask the right questions. Look at Roberts, he answered the right questions the right way and now the left is SHOCKED by his decisions.


  11. trooper says:

    once bybee gets indicted either here or elsewhere, he will have to recuse himself from the bench and stop persiding over cases.


  12. AIO grasshopper says:

    I agree with barfly, unfortunately Bybee would be snatched up by FOX quicker than Ollie North, Newt Gingrich and the other miscreant criminals that they hire.


  13. stateofthedivision says:

    Claire obviously got the memo with the key torture talking points. There needs to be an investigation up and down the lines.

    That information will show who acted in James Comey like fashion, who went against their prior training against their better judgment, and who crated “in good faith” to Bush’s sadistic and unAmerican torture policies.

    Claire is charged with serving the people. Step up woman!


  14. hanshiro the antlion says:

    Justice dies by act after act of dissembling…


  15. stateofthedivision says:

    I want to know what Congress knew about the Bush “enhanced interrogation” methods and when. A complicit Congress would join in any CYA.


  16. Hoodathunktick says:

    Wayne, I have to respectfully disagree with you. Just because someone has cleared a confirmation process does not mean past crimes and behavior disappear.

    Crimes always happen in the past and unless there is a Presidential pardon or lapse of statute of limitations, criminal behavior can be investigated and prosecuted. And I believe it can also stand as grounds for impeachment of a judge.


  17. Danny Noonan says:

    War criminals shouldn’t be judges. It really is that simple.

    http://www.pufferfishblog.com/


  18. krystalview says:

    Accountability has to start SOMEWHERE! Why not here? I’m thinking “snowball effect”.


  19. youtube says:

    don’t proscute them then torture them.


  20. Wayne Ant Schneider says:

    Hoodathunk,

    I respect the fact that you disagree with me, and maybe I am wrong. I am not a lawyer nor do I play on on TV. And I don’t believe he can never be impeached, but the way I read the Constitution, he can only be impeached for bad behavior after he became a judge.

    That doesn’t mean he can’t be tried for war crimes. And, once convicted and sent to prison, he would be unable to show up for work each day, and then he could be impeached and removed from the bench. (Assuming, as I said the on the NYT thread, he didn’t have the good sense to resign before being incarcerated.)

    Tell you what. Let’s get this before a real judge and let her or him decide. :)


  21. palintropos says:

    Steve Benen writes, “The question shouldn’t be whether to impeach Jay Bybee, but rather, how quickly the impeachment hearings can begin.”

    Frankly, there are only about two things worth considering on this matter: how quickly we can get this … off the bench, named as a defendant in a serious trial, or maybe just “rendered” to Bagram to give him a better palette of experience with which to judge such matters as he has “previously opined” on regarding detainee treatment [I favor this latter option :p]; and, whether or not we should give him secret service protection in the meantime, so he doesn’t get assassinated (which is too good for him).


  22. Wiz says:

    I think the Democrats need an overall strategy on the make sure Obama’s pick get confirmed to the Supreme Court and other courts. Everytime the Republicans attempt to block an Obama court nomination, impeachment investigations are started against a George Bush court appointment. I am sure there are plenty of them to go around. That should shut them up.


  23. katydid says:

    tarazan Says:
    The sickening part of this issue is that the Senate approved Bybee with a solid majority…!!
    Why didn’t Senators ask the right questions during confirmation’s process? Where were they..?

    asking those questions would have been an admission of knowledge of, and complicity of, the actual torture… that we all were assured was not happening… even while we all – ALL – knew otherwise…


  24. Hoodathunktick says:

    Wayne Ant Schneider Says: Tell you what. Let’s get this before a real judge and let her or him decide. :)

    Xmas early this year? I would love to see it. I would also like to see any explanations about how a person, supposedly knowledgeable in jurisprudence, can explain how he wrote a legal opinion advocating violation of US and international law and allowed himself to even be considered for a judiciary appointment.

    Maybe I’m dreaming but that sounds like false pretenses to me.


  25. konchster says:

    I am extremely disappointed in McCaskill I thought she wasn’t that wrongheaded but her choices have been terrible.
    “Justice dies by being selectively applied”


  26. dixie blood says:

    Wayne Ant Schneider,

    What if Bybee committed perjury during his Senate hearings. Can the Congress impeach for that past behavior? Just curious…


  27. Megaloptera McWars says:

    They impeached President Clinton for wankery, and they can impeach Judge ByeBye for torture.


  28. fire _ant_chavis says:

    The only bench I want Bybee to sit on is the one in a jail cell – but – only if it means that the ones who gave the orders will be prosecuted as well. If Bybee is not prosecuted, I do not think he deserves to keep his position as a US judge.


  29. Lusmu says:

    I’m sorry senators. If you don’t want to break international treaties, you are obliged to prosecute and not “look in the rearview mirror”.


  30. winddancer says:

    dixie blood Says:

    Wayne Ant Schneider,

    What if Bybee committed perjury during his Senate hearings. Can the Congress impeach for that past behavior? Just curious…

    If he had committed perjury during his Senate confirmation hearing, I would think it’s a possibility. However…Bybee simply refused to answer ANY questions about his past legal opinions and work for the Bush administration. In other words, he stonewalled the Senate. And despite that, he was confirmed. Same thing happened with Mukaskey (remember..refused to say whether or not waterboarding is torture? I believe Hayden stonewalled during his confirmation hearings as well.) Regardless, all three of these monsters were confirmed with large margins. The Dems have plenty to answer for themselves.


  31. Lusmu says:

    …you are obliged to prosecute and not “look in the rearview mirror”.

    I.e. not “not look in the rearview mirror”.


  32. Game of Life says:

    When nancy took impeachment off the table for chimpy, without an explanation, she started a ball to start rolling on letting teabag crooks get off.

    Thanks nancy.


  33. dixie blood says:

    Thanks winddancer.

    Maybe in the future Dems will tell the candidate that if he or she can’t answer the questions then the candidate can’t have the appointment.

    It’s time for the Dems to stop trying to accomodate the RePugniScums and start prosecuting them.


  34. sicnarfe says:

    American democracy, indeed, that is a cruel juxtaposition of words. We live under the rule of the corporate owners of this country, and they have the ways, means, and intent to continue in their pursuit of their own happiness at the expense of the rest of humanity. In all the discussions of corporate malfeasance and theft that have been in the corporate “news” of late, I’ve yet to hear the story broadcast about the CEO of an health care providing operation raking in $1.7 billion dollars in compensation in 2007. Now, if that doesn’t make Paul McGuire happy perhaps he’ll grab a larger chunk for himself at the expense of the poor suckers whose health care needs go unfulfilled. The French peasantry were also pushed to breaking point by an aristocracy that ignored the onset of their demise. Their is enough resentment in our country that if marshaled would bring about the proper changes we, the commoners, would like to see, however, the corporate thugs will spread their divisive lies via their massive megaphone that resonates throughout the echo chamber they’ve devised to keep us ignorant and divided.


  35. woodguy says:

    Obama became a millionaire last year. He is no longer a member of our team by his choice.

    ————

    Stupidist. Comment. Ever.


  36. Hoodathunktick says:

    The thing about rear view mirrors…that’s where you see the police.


  37. sacopenapa says:

    Bye bye Bybee!!!!! It is an embarrassment to have someone who advocate TORTURE as a Federal judge! How can someone who advocate and excuses a CRIME be responsible to safeguard the Rule of Law???

    Impeach this WAR CRIMINAL NOW! Before the matter becomes laughable!


  38. SP Biloxi says:

    “McCaskill on impeaching Jay Bybee: ‘I think we have to look at it.’”

    You think??? As Yoda said: “Do or do not… there is no try.”

    McCaskill needs to re-read U.S. Constitution, Article II, Section 4:

    “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”

    Oh, and here is the list of federal judges impeached by Congress:

    http://www.fjc.gov/history/home.nsf/page/topics_ji_bdy


  39. Ape-Man says:

    I think president Obama may be doing the right thing, as in he may be applying the hyppocratic oath – do no harm as you heal – so this is going to take some time. let the patient recover some much needed strength before corrective surgery. Maybe when they run the scenarios the best curve out of hell is not a straight line.


  40. tarazan says:

    It takes 2/3 of Senate votes to impeach a Judge,which means a good number of Republicans in the Senate must vote to impeach judge Bybee, and that’s not possible.
    Unless someone drops his pants, Republicans have no interest in impeaching.


  41. RealityCheck says:

    konchster Says:

    I am extremely disappointed in McCaskill I thought she wasn’t that wrongheaded but her choices have been terrible.
    “Justice dies by being selectively applied”

    It might be the fact that I and hundreds of my Missouri friends have her phone number on speed dial…and call and demand her positions on subjects and then let her know she serves at OUR pleasure…and she can be voted out in the very next election!


  42. SP Biloxi says:

    I forgot to add this point. It is interesting that Sen. McCaskill stated that she thinks that they have to look into whether to impeach or not impeach Judge Bybee. McCaskill should keep in mind that the some of the members of The Party of No were quickly asking for Supreme Court Chief Judge Roberts to step down when Roberts made a blunder in his swearing in Obama as President at the inauguration. The GOP were ready to tar and feather Chief Judge Roberts.


  43. dixie blood says:

    RealityCheck Says:
    ——————————————————————————–

    It might be the fact that I and hundreds of my Missouri friends have her phone number on speed dial…and call and demand her positions on subjects and then let her know she serves at OUR pleasure…and she can be voted out in the very next election!

    LIAR!


  44. Wayne Ant Schneider says:

    SP Biloxi,

    Thanks for the list of impeached federal judges. One thing I noticed is that none of them were impeached for something they did before they became a judge. I guess it was presumed by the framers of the constitution that the US Senate would weed out those unfit to be judges. But because these “torture memos” were illegally classified, all involved could safely act like no proof existed. (That is one of the flaws with letting the president decide what is and what isn’t classified, without anyone there to review whether or not this was proper.)


  45. politicscorner says:

    Moving forward, it is imparative that Bybee be removed for all of the tainted decisions he is likely to render in the future. Impeach!


  46. SP Biloxi says:

    Wayne Ant Schneider:

    I concur with you. Judge Bybee’s actions in the torture memo saga was prior to him being a federal judge. However, Bybee has a law license and can practice law. And Bybee’s actions in authorizing torture as a former DOJ employee of the Office of Legal Counsel and his oath as federal judge and his ability to apply the law as written should be questioned by Congress and Senate. Bybee should be brought up to an ethics committee. Judge Bybee’s law license should be suspended.


  47. Wayne Ant Schneider says:

    SP Biloxi Says:

    Bybee should be brought up to an ethics committee. Judge Bybee’s law license should be suspended.

    On that we agree.


  48. Trittydi says:

    Okay – you look into it – but hurry up, would you?

    We want you to get down to business and impeach his ass – off the planet if possible.
    *


  49. Game of Life says:

    So I take it byebye rewrote the Constitution to benefit crooks is ok for the dems. I want to hear from all dems and inds on this matter.

    I still know President Obama will prosecute the crooks. It’s been less than 100 days and some just can’t wait to diss President Obama.

    This is CHANGE meatheads.


  50. Game of Life says:

    remember when turd called torture no more than a college prank?

    I want justice for our Constitution NOW!

    Otherwise we don’t have a Constitution.


  51. hivanh says:

    At some point, when dangerous people such as this, who can be identified as a “clear and present danger” to the rest of society, are singled out “beyond a reasonable doubt”, they should be taken away from positions of undue influence. This sounds draconian, and perhaps even ruthless, but the buck has to stop,somewhere.


  52. speshuled67 (locust in training) says:

    I want to see impeachment as bad as the next guy, but we all know what “we have to look into it” means… bybee will retire from this post until we start electing officials who aren’t deeply entrenched in the filth of the bush admin.


  53. flight says:

    Judge Bybee deserves his day in court. I want to hear his rationalization of legalized torture. Where did these guys grow up and receive and education? Argentina, China


  54. Robt says:

    We have Americans in prison for torture and or ill behavior during war time.

    What does the Nuremburg Trials mean to any of these people?

    Japanese soldiers tried and executed for water boarding Americans during war to find out where that ticking time bomb was that was threatening their japanese nation?

    Is this sickening anyone else?


  55. Varanus komodoensis says:

    Sen. Claire McCaskill (D-MO) is correct we need to look into and remove Judge Bybee off the bench. It’s just amazing how a person could write the language of torture while circumventing US laws and still serve in a US Federal court?

    By the way, Sen. McCaskill is the same Senator who suggested earlier that 401(K)’s should not be tied to the market.


  56. John Tully says:

    Hard to believe that Claire McCaskill would be wishy-washy…
    I mean, here’s the Congresswoman who admitted that her daughter convinced her to switch allegiances to Obama.
    Gag me with a spoon….


  57. maxamillion says:

    A Clare, if you’re concerned that Bybee who wrote the torture memo’s did something illegal then HELL YEAH we should impeach his srroy ass. Why in the heck did you say “Yikes”?? Was it because Bybee should great judgement in crafting the torture memo’s?


  58. RealityCheck says:

    dixie blood Says:

    RealityCheck Says:
    ——————————————————————————–

    It might be the fact that I and hundreds of my Missouri friends have her phone number on speed dial…and call and demand her positions on subjects and then let her know she serves at OUR pleasure…and she can be voted out in the very next election!

    LIAR!

    I fail to see why you should take issue with my statement on this? I live in Missouri…and have called McCaskill’s and Bond’s offices on a regular weekly basis since the election.

    It is the only way us “good people” have any say in the matter until Pelosi is once again regulated to the back on the bus in 19 months. One thing about us Missourians is…that we take our politics seriously and McCaskill knows it. She already knows she is walking a fine line for re-election and we are constantly on her case.


  59. Eugene atrax robustus Debs says:

    RealityCheck Says:

    As with every post you make you show that you are a liar a fool a punk and a troll. You dont even TRY to discuss. You try to annoy. Because you are a punk. Not to mention extraordinarily STUPID

    There are 254 Dems and 178 Reps in the House. Not even YOU are stupid enough to think that the GOP is going to pick up more than 75 seats in the house. You only keep repeating that because like the petulant child you are you LIKE to lie to annoy people. You enjoy being a punkass troll without a shred of self respect. I pity you. For your ignorance your stupidity, your weak minded childishness and your lack of any ability to be a man. Stop embarassing yourself so pitifully



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