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Sen. Whitehouse on Jay Bybee: ‘It is certainly possible that an impeachment inquiry is warranted.’

Tonight on MSNBC, Rachel Maddow interviewed Sen. Sheldon Whitehouse (D-RI), a member of the Judiciary Committee, about his views on whether Jay Bybee should be impeached:

MADDOW: Do you think that it is possible that an impeachment inquiry is warranted in this case, if only because the circumstances that are known about Judge Bybee’s career are now so different than when the Senate voted on
him in 2003?

WHITEHOUSE: It is certainly possible that an impeachment inquiry is warranted. But I think that decision should probably wait until the Department of Justice’s Office of Professional Responsibility finishes its investigation into the Office of Legal Counsel and all of these opinions.

Whitehouse said the Justice Department’s Office of Professional Responsibility is expected to release the results of its year-long investigation in the very near future. Watch it:

The Wall Street Journal notes that Bybee’s “got a nationally recognized lawyer on his side, Latham & Watkins’s Maureen Mahoney, who’s handling the case pro bono.”

Please join our campaign calling on Congress to begin impeachment hearings against Jay Bybee.

Update In just two hours, more than 1,100 of you had taken action and demanded impeachment hearings against Jay Bybee.


48 Responses to “Sen. Whitehouse on Jay Bybee: ‘It is certainly possible that an impeachment inquiry is warranted.’”

  1. The Republic of Hymenoptera Stupidity says:

    The Wall Street Journal notes that Bybee’s “got a nationally recognized lawyer on his side, Latham & Watkins’s Maureen Mahoney, who’s handling the case pro bono.”
    _____________

    Wow… that’s telling… Bybee’s already lawyered up.

    What sh*t storm… and it’s only going to get worse.


  2. hanshiro the antlion says:

    They’re going to dissemble and parse this entire process until people are happy just to get any conviction or resignation.

    The whole fcuking bush administration torture inquiry is warranted you spineless, war crime-concealing a$$holes.

    Get to it or STEP DOWN!


  3. fire _ant_chavis says:

    YES! I watched Rachel’s show tonight and felt glimmers of HOPE. It’s interesing to see how lawyered up Bybee is…I do believe it’s a reason for why President Obama has treaded very carefully when deciding whether to prosecute anyone accountable for the Bush Administration’s torture tactics. I also believe that Rahm Emannuel said that (andI’m paraphrasing) he doesn’t believe that Obama thinks anyone should be prosecuted. Just because Obama wants to move forward doesn’t mean that he doesn’t believe these criminals shouldn’t be prosecuted – he may be leaving it up to the Justice Department. Whatever the reason, we must keep the pressure on. Way to go TP, I’ve signed the petition and all of the other petitions out there.


  4. fire _ant_chavis says:

    You had better believe that Bush & Cheney knew torture was against the law. Imagine how many lawyers they’re going to have prepped and ready for this day. They probably wrapped this shyte up in so much red tape that anyone who tried to call them out for their actions would have to go through hell to do it.


  5. AlexLawyer says:

    The media make a lot of waterboarding and insects, but nobody is mentioning that there have been dozens of deaths during interrogation which were ruled homicides by military pathologists. Since Bybee gave legal justification for clearly unlawful acts, ignored well established precedents, statutes and treaties, and authorized felonious conduct which resulted in death (even if death were inadvertent), he is guilty of felony murder.

    Obama can try to slime his way out of this by pretending that the dedicated public servants at the CIA were merely doing their patriotic duty and are guilty of nothing more than a breach of etiquette, thus misprisoning felonies and violating the affirmative duty to prosecute under the UN Conventions on Torture, but the fact is that he is obstructing justice. Surely a Harvard-trained lawyer and law review alumnus understands this.

    Bybee’s criminal liability is also clear, and cannot be minimized because he’s a Brigham Young law graduate. He should still have known better, should be prosecuted, and should definitely not remain on the bench. He’s a disgrace to the legal profession, the judiciary and the nation.


  6. RealityCheck says:

    I put my congressman on speed dial today…just like my two Senators and called and told them if they backed this witch hunt…I was going to help vote them out of office…next time they come up for re-election.

    19 months until Pelosi moves to the back of the bus again.


  7. MapleStreet says:

    But 5. AlexLawyer –

    as the repubs say, they can’t name a single person who died under enhanced interrogation.

    Of course, they conveniently forget that the identities of all involved are cloaked.


  8. BobbyG says:

    @RealityCheck -

    My actions nullify yours. And I will persist, whereas you are just a smoke-blowing troll.


  9. Doodlebug Shayne says:

    RealityCheck Says:

    I put my congressman on speed dial today…just like my two Senators and called and told them if they backed this witch hunt…I was going to help vote them out of office…next time they come up for re-election.

    You must have mistaken them and us for people who give a sh*t what you do.



  10. MapleStreet says:

    He’s got a nationally known lawyer handling the case pro bono ?

    I’m trying to figure out how to take this.

    When the public defender concept is imploding on the lack of available lawyers willing to help defendants pro bono ?

    The Appellate Judge doesn’t have the funds to hire a real lawyer ?

    Is there some sort of quid pro quo for this pro bono ?


  11. fire _ant_chavis says:

    I’m paraphrasing from my favorite progressive radio talkshow host Stephanie Miller:

    While the GOP is playing checkers Obama’s playing chess.

    Reality Check: you need to face reality. This is not a witch hunt. The Bush Administration broke the law. Bybee broke the law. Call your senators – you’re in the minority anyway. Not much you can do.


  12. Doodlebug Shayne says:

    RealityCheck, I have a Republican member of congress and I’m already working on the campaign against her. And I dared her to do nothing just today. Loser.


  13. Megaloptera McWars says:

    Well Reality, the witch-hunt meme aside, I’m glad you succeeded in retaining the White House in Nov. What an amazing achievement for a shrinking GOP.


  14. alpuz3 says:

    RealityCheck Says:

    I put my congressman on speed dial today…just like my two Senators and called and told them if they backed this witch hunt…I was going to help vote them out of office…next time they come up for re-election.

    19 months until Pelosi moves to the back of the bus again.

    What exactly does this mean, RC? Dare to elaborate?


  15. BobbyG says:

    Bybee’s lawyer:

    maureen.mahoney@lw.com

    Let her know what you think.


  16. Ape-Man says:

    Is it too early to tell where the majority of people stand on the issue of legalizing torture?


  17. Wayne Ant Schneider says:

    The Wall Street Journal notes that Bybee’s “got a nationally recognized lawyer on his side, Latham & Watkins’s Maureen Mahoney, who’s handling the case pro bono.”

    Would the value of his lawyer’s fee be considered taxable income?

    I heard that if you negotiate with your credit card company to lower your debt, the amount of money you saved is considered taxable income.

    So if a high-profile, high-priced lawyer gives Jay Bybee her services for free, is that considered taxable income for him, too?

    Just curious about that.


  18. spring heeled jack says:

    Shhh, RealityCheck! –the adults are talking.


  19. Wayne Ant Schneider says:

    RealityCheck Says:

    I put my congressman on speed dial today…just like my two Senators and called and told them if they backed this witch hunt…I was going to help vote them out of office…next time they come up for re-election.

    You don’t actually work during the day, do you RC?


  20. DutchHenry says:

    Why is Obama the one deciding who gets prosecuted or not.Anyone remember when Bush told Gonzalez & Mukasey how to run the DOJ.Well,DOJ ought to be independent,Obama has no right to determine guilt or innocence seems “Bushlike” to me.Seessssh we really have problems no better than a effing 3rd world nation.Very,very disappointing.

    ****And Bybee ought to be locked away with Bubba & Potie in Texas State Penitentiary.


  21. Megaloptera McWars says:

    Hi Maple Street. I recall a poster who had their own definition of justice: how long you can afford to pay your attorney. I suppose this wingnut who’s on the high end of the legal society doesn’t have to contribute a dime of his taxpayer-funded $175,000+ salary to his defense. I don’t think courts would grant average citizens a public defender if they made $50,000 a year.


  22. Ape-Man says:

    BTW – the echo chamber keeps repeating torture works. that’s another issue isn’t it? Chemical weapons work too, but that isn’t used as a justification.


  23. Megaloptera McWars says:

    You said you were retired from the military, Reality? Same with my pops, god love him, but he doesn’t know a damn thing about politics beyond what he watches on Fixed News.


  24. ElBruce says:

    fire _ant_chavis Says:

    Just because Obama wants to move forward doesn’t mean that he doesn’t believe these criminals shouldn’t be prosecuted – he may be leaving it up to the Justice Department.

    That’s how it’s done. The White House doesn’t prosecute anybody themselves. Although it’s possible that Obama may be planning to talk “no” while allowing the DoJ to work up the case paperwork for a “yes,” then demonstrate that he’s not going to arm-twist them by allowing them to proceed even though that would be against his public stance. One can always, er, hope.

    .

    fire _ant_chavis Says:

    Imagine how many lawyers they’re going to have prepped and ready for this day.

    So far, they seem to have behaved as if they’d be in power forever.

    .

    RealityCheck Says:

    …and told them if they backed this witch hunt…

    Good Lord, you are breathtakingly stupid. “Witch hunt” does not mean “investigation that I disagree with.” Something is only a “witch hunt” if defending the accused automatically puts you under suspicion. For the millionth time: words have definitions. If you don’t know what something means, don’t say it.

    Also, you’re lying. You have contacted no members of Congress, nor are you actually going to bother to do so. There’s nothing to defend there, and you are fully aware of that fact.

    .

    RealityCheck Says:

    19 months until Pelosi moves to the back of the bus again.

    Are you suggesting that the Republican can possibly gain votes in ‘10, or that you’re seeking the reinstatement of Jim Crow laws? I’ll guess “both.”

    .

    MapleStreet Says:

    as the repubs say, they can’t name a single person who died under enhanced interrogation.

    Not yet. There are many more shoes waiting to drop.

    .

    MapleStreet Says:

    Is there some sort of quid pro quo for this pro bono ?

    Well, he went out of his way to write custom-made memos “pro bono,” and now he’s a judge.

    George Tenet went out of his way to doctor the anti-Saddam evidence “pro bono” and got a Medal of Freedom.

    So…


  25. BobbyG says:

    @Ape-Man Says:
    BTW – the echo chamber keeps repeating torture works. that’s another issue isn’t it? Chemical weapons work too, but that isn’t used as a justification.
    ____

    Excellent, apt observation. Thank you.


  26. ladybastet says:


    RealityCheck Says:
    I put my congressman on speed dial today…just like my two Senators and called and told them if they backed this witch hunt…I was going to help vote them out of office…next time they come up for re-election.

    Oh please! I’m sure your congressman is worried. If you talk on the phone with the same lack of wit with which you try to ruffle our feathers I’d say they had a good laugh about you after they hung up. Besides I wouldn’t be surprised if someone like Cantor or Boehner, in which case your preaching to a choir – so to speak. *smirk*

    wow all these TP posters have me one brave cat goddess ::beams::


  27. ladybastet says:

    wow all these TP posters have made me one brave cat goddess ::beams::

    ~fixed~


  28. Zooey says:

    The Wall Street Journal notes that Bybee’s “got a nationally recognized lawyer on his side, Latham & Watkins’s Maureen Mahoney, who’s handling the case pro bono.”

    Ahhh Ms Mahoney, your strategic move to make us think you’re so confident about you’re client that you’ll take his case for free is a serious miscalculation. You — and your partners — will sorely miss the thousands of billable hours this will cost you.

    :-D


  29. Zooey says:

    Ack!

    “you’re” should be “your”

    I must be tired…


  30. Zooey says:

    I AM tired. I was right the first time.

    I’ll leave now…


  31. ladybastet says:

    Zooey Says:

    I AM tired. I was right the first time.

    I’ll leave now…

    Nooooo! I love reading your posts. =( Don’t go!


  32. WaltTheMan says:

    While they are at it, why not impeach Scalia, Thomas, Alita and Roberts?


  33. wolfsinger says:

    Thank you Rachel for your reporting and thank you to Senator Whitehouse for having the courage to take a stand on torture.

    Impeachment is indeed in order for Bybee. Dems in Congress, bring your spine. Justice calling.


  34. wiley says:

    I’m not exactly looking forward to mind-numbing minutiae about inherent powers, war powers, and state secrets; but it would be progress. As noble as it is or is not, even the Supreme Court is influenced by public opinion.If there were a clear majority of the citizenry in favor of criminal prosecutions, I’d feel better about the prospects.


  35. pastcaring says:

    AlexLawyer Says:

    The media make a lot of waterboarding and insects, but nobody is mentioning that there have been dozens of deaths during interrogation which were ruled homicides by military pathologists.

    This is why investigations and prosecution are necessary…not ignoring it by looking forward…the only think I’m looking forward to is seeing these b@stards in jail…their reputations ruined so they cannot worm their way into another administration down the road.


  36. pastcaring says:

    #7. MapleStreet Says:

    But 5. AlexLawyer -

    as the repubs say, they can’t name a single person who died under enhanced interrogation.

    Of course, they conveniently forget that the identities of all involved are cloaked.


    Manadel al-Jamadi
    is one of them.



  37. Max Anax junius -1 says:

    .

    But, but, but…
    … I thought the House Madame took accountability “OFF THE TABLE”.

    .


  38. Ape-Man says:

    BTW – Lou Dobbs says MSNBC sucks, President Obama is weak, pork is bad, that is all…


  39. curious says:

    For Senator Whitehouse or any one else. Don’t taunt us with hopes of justice if you don’t do the job. I for one am fed up with hearing reams of evidence for years now. And culminating with a lot of talk and no action.

    Either figure out a way to get real justice, or do what all of you do best. Obfuscate and take the well know path of least resistance.


  40. Robert M. says:

    If the Office of Professional Responsibility has been running an investigation for a year, that means it was started during the bush-2 administration.

    That’s the same bush-2 p-Resident who nominated bybee to the federal bench AFTER bybee had done the hatchet job on our system of justice at the request of cheney and field-marshal rumsfeld.

    Since the entire bush-2 administration is criminally responsible for an untold multitudes of crimes, and everyone who served in it is worthy of being impeached, I hardly see how the results of this “investigation” have any bearing on a bybee impeachment.

    bybee committed professional suicide with his actions. And then he lied and hid behind claims of “executive privilege” to conceal his crimes during the Senate confirmation hearings that passed his nomination.

    Throw the bum out!


  41. ElBruce says:

    Thanks pastcaring. Now we just have to figure out how to get it back into the news cycle.


  42. Eugene atrax robustus Debs says:

    RealityCheck Says:

    Why do you post these things? Just to show how stupid you are. We already know you are stupider than iron filings. You just spew out this ignorance as if it was anything but you being a petulant ignorant punk. Just go kill yourself. The world deserves to be a place without YOU. It is the only thing someone as ignorant and worthless can do to make the world a better place so take one of those guns you are so proud of into the next room and do the right thing. Put down some plastic first so your wife can rejoice in her life without the burden of your ignorance and not have to clean up after you


  43. Varanus komodoensis says:

    AlexLawyer

    I disagree with you on Obama slimming his way out of this. He basically left it up to congressional leaders to do their jobs. By Obama staying focus on the economy especially the banks, GM, health care reform and the budget as well as other important domestic issues and two wars and trying to restore some type of diplomacy around the world these are the things I want Obama to stay focus on and not loose sight. That’s a tough job alone, in hindsight I see his strategy, by releasing the memos it opened a whole worm of cans which is why the republicant’s are at a lost and they have no idea what is going on.

    Just look at how much time each and everyday they watch his every move come on they b-itch about a handshake and a smile? I bet when Obama goes and takes a dump they will report that, he didn’t fart correctly or it was to loud etc. When you got Boehner comparing CO2 emissions to cow farts one has to wonder???????


  44. lp2k says:

    The Wall Street Journal should really say that Ms. Mahoney is handling the case for free, not pro bono. The phrase “pro bono” is just a shortened version of “pro bono publico” – which means “for the public good.”

    In fact, if you look at the American Bar Association’s Model Rule 6.1 you see:

    A lawyer should aspire to render at least (50) hours of pro bono publico legal services per year. In fulfilling this responsibility, the lawyer should:

    (a) provide a substantial majority of the (50) hours of legal services without fee or expectation of fee to:

    (1) persons of limited means or

    (2) charitable, religious, civic, community, governmental and educational organizations in matters which are designed primarily to address the needs of persons of limited means

    Providing free legal counsel to a person making over $160,000 a year is not “pro bono” service – it is a give away to a Bush crony by a former Rehnquist clerk looking for publicity.


  45. NoMoreBush says:

    An FYI: Maureen Mahoney is a very, very good lawyer. But Bybee’s got some real problems.


  46. kmac813 says:

    Does this mean that we should also go after Nancy Pelosi, who sat on the committe and condoned these actions?

    Now, however, comes the news that Pelosi knew as early as 2002 that the U.S. was using waterboarding and other torture techniques and, far from objecting, appears to have cheered the tactics on.

    http://www.thenation.com/blogs/thebeat/258258

    lots of folks were in on this – if we really want to make sure it doesn’t happen again – then we need to make sure ALL involved are investigated and judged



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