Think Progress

Leahy: Bybee refused to appear before Judiciary subcommittee hearing on torture memos.

impeachbybee.jpgLast month, Senate Judiciary Committee chairman Patrick Leahy (D-VT) invited Judge Jay Bybee to testify in front of a subcommittee about his “views” regarding torture and his “role” in drafting the torture memos. The Los Angeles Times subsequently reported that Bybee had chosen to ignore Leahy’s request. Today, however, in a statement during the hearing, Leahy said that Bybee had specifically refused to appear:

Since Judge Bybee, through his lawyers, has declined to testify before the Committee at this time about his role in the drafting and authorization of memoranda from the Office of Legal Counsel that permitted torture, I can only presume that he has no exonerating information to provide. Judge Bybee must know that the presumption in our civil law is that when a person fails to come forward with information in his possession that is relevant to a matter, it is presumed to be because the information is negative and not helpful to his cause.

Testifying voluntary before the Judiciary Committee about these now-public memoranda is one way in which Judge Bybee could have helped complete the record of what happened and why but he refused. This is especially inappropriate given that Judge Bybee has hardly maintained silence about these matters.

ThinkProgress asked Leahy’s office if Bybee’s lawyers informed the committee of his decision after the Times’s report. “I have to be vague,” an aide said, declining to give any specifics as to when Bybee refused the request.

Update At an Alliance for Justice event today discussing Judge Bybee's future, Constitutional scholar and impeachment expert Micheal Gerhardt said that an official such as Bybee "may be impeached" even if he did not commit a "prosecutable crime."


61 Responses to “Leahy: Bybee refused to appear before Judiciary subcommittee hearing on torture memos.”

  1. Bobwurst says:

    Gee I wonder why bybee felt he could tell leahy to suck it?…


  2. Jackie says:

    Another Bush appointee who breached his oath now he shot his self in the foot as he can be impeached by violtating his oath of office. Now let’s see how the Law works now. If Bybee is allowed to refuse to testify then all courts should allow it for others. Look for some really smart lawyers to use this for their clients who are charged with crimes. Eric Holder and the Justice Department will have to deal with the fact of either following we have a Justice System or we don’t. Time will tell!!!


  3. MCMetal says:

    A coward who claims I-didn’t-do-anything-wrong in the GOP ; I’m SHOCKED ……..


  4. StratRat says:

    I sense another sternly worded letter being crafted right now….


  5. pastcaring says:

    I sense another huge disappointment, (if one is hoping for justice), coming on right about now…


  6. Megaloptera McWars says:

    But he’ll gladly show up to collect his $175,000 salary, funded by the taxpayer. I think it’s time for our reps to cut. him. off.


  7. Doodlebug Shayne says:

    Do we have to wait 6 weeks until he’s subpoenaed and then another 6 weeks until he refused to show up ad infinitum. We’re still waiting for Karl Rove to testify.


  8. StratRat says:

    I thought the GOP was the law and order party. Who could have anticipated the breach of ethics by these folks? After all, they are the party of Nixon and Cheney – both bastions of democratic principles.


  9. dixie blood says:

    Judge Tortue has to go. Now.

    Where are the other 9 million Fed judges not speaking out on this issue?

    They keep their mouths shut and screw the system at the same time.

    The entire Fed. Judicial system stinks from the top down!!!!!


  10. StratRat says:

    happily liberal Says:

    Leaky leahy is the go to man for info, now?

    There must be some small element of our democratic form of government that you agree with, isn’t there? Even a tiny fraction of our 235+ year way of governance which means the rule of law stands above the rule of men? Seems to me that if you don’t agree with our way of governance another country might be more to your liking.


  11. tarazan says:

    Bybee to Leahy :
    ” Yes, I approved ‘waterboarding’ but now I’m off board”.


  12. Luis Chapulin M says:

    happily liberal Says:
    Leaky leahy is the go to man for info, now?

    So you support avoiding the law, now?


  13. MadasHelinVA says:

    At an Alliance for Justice event today discussing Judge Bybee’s future, Constitutional scholar and impeachment expert Micheal Gerhardt said that an official such as Bybee “may be impeached” even if he did not commit a “prosecutable crime.”

    Bybee is not a stupid man, and therefore KNOWS there are consequences for his prior actions – one would have thought that even back then he KNEW he was committing a crime, but I suspect he felt that Bush had his back. An article I read stated that Bybee was always a ’suck up’ to authority.

    Please sign the above photo to addi your names to the impeach Bybee petition.


  14. TeleMan says:

    Why is it so hard for the Democrats to

    Demand Accountability.


  15. Bilbo Hussein Baggins says:

    So, subpoena him. And if he ignores the subpoena, arrest him. It’s about time the Democrats started showing some spine.


  16. Wayne Ant Schneider says:

    I find Bybee’s rationale for writing those memos very unacceptable. He said that they were trying to find the thin line between harsh interrogation and torture. In other words, they were trying to determine just how brutal they could be to another human being without it being considered torture.

    Rather than say, “There are some things we just won’t do to people on principle, so let’s not even come close,” they instead said, “What’s the worst thing you could do to someone without it being torture?” This was totally the wrong approach.

    I would also say that this does not constitute “taking care that the laws be faithfully executed.”


  17. Hoodathunktick says:

    One more Republican claiming to be above the law. They train them well, this one is a judge.

    We have two options here. Let these people laugh at our legal system and of course the world will laugh with them (hopefully not) or the US decides we are a nation of laws and quit the politics.


  18. Ape-Man says:

    George bush and Dick cheney and BushCo are a full blown national disaster in progress. BushCo must be removed.


  19. sparaxis says:

    I think it is time to start picketing at 7th & Mission in San Francisco (home of the 9th Circuit – Bybee’s office).


  20. Tim Vaculik says:

    GOOD FOR HIM! He recognizes a “perjury trap” when he sees one. Not to mention that this spectacle in the Senate is worthy of the best banana republic…


  21. Realness says:

    Repeated again for the millionth time, Happy Liberal:

    Please cite instances where Democrats had power to approve the executive orders of torture.


  22. angels81 says:

    Tim Vaculik, spoken like a good little repug troll. Sure got the rushball talking points down pat.


  23. dbadass says:

    Hi Tim Vaculik.


  24. barfly says:

    Tim Vaculik Says:

    GOOD FOR HIM! He recognizes a “perjury trap” when he sees one. Not to mention that this spectacle in the Senate is worthy of the best banana republic…

    Any other wingnut meme’s you want to float? And banana republic is what we had for 8 years, right after Bush was selected by a right-wing Supreme Court cabal.


  25. barfly says:

    happily liberal Says:

    leahy approved waterboarding just like all of the other spineless democrats

    Wrong again. But if that little bit of wingnut fantasy gives you comfort, then hold tight to it.


  26. dbadass says:

    Cherish it. Name it Charlene…


  27. Hoodathunktick says:

    Democrats approved? You mean when the administration informed them of their tactics and then told them if they said anything they would be in violation of national security punishment?

    Yeah, keep spewing the Rush.


  28. dbadass says:

    VanWinkle65:
    What if I put you to sleep for ever?


  29. Megaloptera McWars says:

    Throw a subpoena on him and let Timmy squeal. Then you’ll know you’re doing something right. THE math has it in the GOP’s textbook that accountability = banana republic. That’s why they’re closer to being knocked off the ticket as a major party.

    Go move to North Korea, Tim Stupidick.


  30. Zooey says:

    Tim Vaculik Says:

    GOOD FOR HIM! He recognizes a “perjury trap” when he sees one. Not to mention that this spectacle in the Senate is worthy of the best banana republic…
    May 13th, 2009 at 7:01 pm

    Idiot. It’s not a “perjury trap” if he doesn’t lie.


  31. dbadass says:

    VanWinkle65:
    I have you surrounded. Face it. It is time for the Privacy Center to go….

    Again….


  32. Megaloptera McWars says:

    anWinkle65 Says:
    Cant say as I blame him, I would refuse to stand before that kangaroo court as well!

    Yet Bybee is a lifetime zookeeper of his own kangaroo court.


  33. Zooey says:

    Is there any other troll as confidently stupid as the Tim troll? Seriously…


  34. Zooey says:

    Why so mean to zookeepers, McWars…? **sniff**


  35. angels81 says:

    Zooey, VanWinkle is giving Timmy a run for his money.


  36. Hoodathunktick says:

    Tim Vaculik Says: GOOD FOR HIM! He recognizes a “perjury trap” when he sees one. Not to mention that this spectacle in the Senate is worthy of the best banana republic…

    Oh, you mean the one where El Jefe tells his people whatever he says is law? Or where torture is the country’s policy?

    Sorry. little buddy, but Senates in ‘banana republics’ don’t contradict El Jefe. If they do they lose US funding.


  37. Zooey says:

    Eh, VanWinkle is just a spammer. Annoying, but benign.


  38. Hoodathunktick says:

    Bybee would probably get a more sympathetic hearing from kangaroos. Hmmm, nope. probably not.


  39. ralph the wonder locust says:

    Uh, Timmeh… one need not be concerned with “perjury traps” unless one is planning to lie under oath.


  40. ralph the wonder locust says:

    Sorry, Zoo, I see ya beat me to the punch.


  41. Zooey says:

    No worries, ralph. :-)

    It’s interesting that Vacuous assumes his favorite torture judge will lie on the stand.


  42. dbadass says:

    I just wanna wake up VanWinkle…

    Ice Ice Baby…


  43. ralph the wonder locust says:

    Zooey Says:
    No worries, ralph. :-)

    It’s interesting that Vacuous assumes his favorite torture judge will lie on the stand.

    Ah, but Tim Vacuous knows his team, doesn’t he?


  44. Wayne Ant Schneider says:

    Tim Vaculik Says:

    GOOD FOR HIM! He recognizes a “perjury trap” when he sees one.

    Tim, with all due respect, perjury is committed when you tell lies under oath. If Bybee tells the truth, the whole truth, and nothing but the truth, then there can be no charge of perjury.

    Could you please explain your reasoning to me? I hear conservatives denounce subpoenaed testimony all the time as nothing but a “perjury trap.” How is it a perjury trap if he tells the truth?

    Seriously, I would like to know, and I have asked you because most of the other conservative-minded people who come here would be too unintelligent to give me a rational answer. Thanks.


  45. KayInMaine says:

    If you’re a war criminal, you never show up to court or a hearing. The End.


  46. Zooey says:

    Wayne, you are such a kind person. ;)


  47. jerseyboyblue says:

    Fine…subpoena him.


  48. Xisithrus says:

    Man, I feel like such a fat American pig, I took the dog for a walk, after buying some poor foreigners body parts, and only walked 899 meters. I hope my kidneys fail.


  49. Xisithrus says:

    Tim Vaculik Says: GOOD FOR HIM! He recognizes a “perjury trap” when he sees one.

    Oh please, I bet he can beat the perjury trap by saying he misremembered or forgot 64 times! [One more than Gonzo]


  50. sacopenapa says:

    …like most WAR CRIMINALS, Bybee is also a coward!


  51. curious says:

    The other federal judges are not speaking out, because they don’t care. And because it is all politics. The judicial system is broken. The country is corrupt. And lawyers next to the Vatican are the biggest club in the world. And the whole of American democracy is under attack. And we are losing the game.

    WE are a theocratic, fascist country. And nothing but a total revolution will change anything. Our legislators are owned by the people they are supposed to watch. We need a tsunami to go through the government and take them all out. And it should start with K Street first, and then the Republican party and on to the Democrats. Actually do the Republican party twice, just to be sure they are dead and gone.



  52. Intrepid says:

    sparaxis Says:

    I think it is time to start picketing at 7th & Mission in San Francisco (home of the 9th Circuit – Bybee’s office).

    Bring guns.


  53. Vincennes says:

    Ah big man writing torture memo, can’t defend it now. Where are you principles? Where is your forthrightness and fortitude? Oh wait you’re just a coward. I see.


  54. Intrepid says:

    Luis Chapulin M Says:

    happily liberal Says:
    Leaky leahy is the go to man for info, now?

    So you support avoiding the law, now?

    —————————————-

    That, including kidnapping 4 year old children and beating 12 year old girls.

    http://www.woai.com/mostpopular/story/Amber-Alert-issued-for-kidnapped-girl/bf8lRt2HikGLgyUwVRgARQ.cspx

    Typical Repunklikkklan troll.


  55. Tim Vaculik says:

    Wayne,

    Sorry, my brain is too sleepy to continue… maybe tomorrow


  56. Bluestocking says:

    I don’t know who Leahy thought he was fooling if he truly believed that Bybee would appear before the subcommittee of his own volition! Why did he even bother giving Bybee a choice by issuing an invitation in the first place? Does the Judiciary Committee not have the power to issue a subpoena and force him to either appear or face arrest? If they have the power, why aren’t they using it?

    BTW…what’s up with the much paler skin on Bybee’s nose in the photograph? Am I the only one who thinks it makes him look if he’s either covered it with zinc oxide or is wearing a false one?


  57. Extreminator says:

    Anyone else notice that Bybee was “invited” to testify to Leahy’s subcommittee? If it were me, I would have received a subpeona, not an RSVP. Another example of the American Injustice System, and the torturers are going to get away with it, thanks to Obama.


  58. kasinca says:

    The most amazing thing to me is that no matter how guilty a rethuglican is or how dispicable the crime is a rethuglican gets caught doing, not one rethuglican has the courage, backbone, or patrioism to say that the rethuglican is wrong. Rethuglicans are like children always blaming their own faults on someone else. That is the reason I cannot stand anyone with (R) attached to the name. They are just not smart and they are just basically dishonest and they are cowards.


  59. maxamillion says:

    Okay Leahy Bybee won’t show up. WTF are you going to do about it? Am sick and tired of reading about former Bush appointee’s flipping the middle finger to congress and congress just letting it slide. Don’t tell be he won’t show!!! subpoena his sorry ass and if he doesn’t show, throw his ass in jail!!! Grow a set for crying out loud.


  60. Wayne Ant Schneider says:

    Well, Tim, I hope that after a refreshing night’s sleep, you are able to explain why this is a “perjury trap.” I look forward to hearing this explanation, preferably in your own words. Thanks.



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