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McCain: Bybee Violated The Law, But It Was Just ‘Very Bad Advice’

Last week, Sen. John McCain (R-AZ) repeated his view that the United States had conducted torture by authorizing waterboarding. Saying the waterboarding of Khalid Sheikh Mohammed 183 times was “unacceptable,” McCain declared, “One is too much. Waterboarding is torture, period.”

However, discussing torture on CBS’s Face the Nation today, McCain insisted, “We’ve got to move on” and ignore the Bush administration’s torture program. Indeed, McCain refused to support the impeachment of Judge Jay Bybee — even as he acknowledged that Bybee had broken both U.S. and international law in authorizing torture:

MCCAIN: He falls into the same category as everybody else as far as giving very bad advice and misinterpreting, fundamentally, what the United States is all about, much less things like the Geneva Conventions. Look, under President Reagan we signed an agreement against torture. We were in violation of that.

McCain claimed that “no one has alleged, quote, wrongdoing” on the part of Bush administration lawyers, only that they had given “bad advice.” And yet minutes later McCain himself acknowledged that Bybee’s advice led the U.S. to be “in violation” of both U.S. and international law. Watch it:

Later on Face the Nation, Sen. Patrick Leahy (D-VT), who supports holding broad investigations about torture, pointed out that McCain supports a commission to investigate the causes of the financial crisis. “But just as important as losing our money, what happens when we lose our national honor? That’s what we should look at,” Leahy said.

Yesterday, the blogger dday asked Sen Barbara Boxer (D-CA) whether she would support a Congressional inquiry into Bybee, including the possibility of impeachment. “I’m very open to that,” Boxer said. “There is an ongoing investigation at the Justice Department into his work, and we’ll see how that goes. But I’m very open to that. And I’ll remind everyone that I didn’t vote for him when his nomination came up. I was one of 19 to do so.”

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

Podesta Calls For Bybee Impeachment On CNN, Delivers Your Petitions To Congress

Appearing on CNN’s State of the Union this morning, Center for American Progress Action Fund President and CEO John Podesta called on Congress to commence impeachment hearings against Jay Bybee, should he decide not to voluntarily resign his seat on the 9th Circuit Court of Appeals. Podesta said:

The one thing I disagree with you and David [Gergen] about is I do think there’s a distinction between going back and prosecuting in criminal courts the actors who were involved in these memos and letting Judge Bybee continue to sit on a court one step removed from the Supreme Court. He’s acting and listening to cases, making judgments of others, and we know he authorized things that were illegal under U.S. law and violated the U.S. obligations under international treaties.

If he would do the right thing, he should just simply resign. If he doesn’t, I think this is one matter where he continues to sit — he doesn’t have the moral or legal authority to continue to do that. And I think a simple matter would be to remove him from office.

Podesta added that he suspects the White House doesn’t agree with the call for impeaching Bybee. The other panelists — David Gergen and former Reagan chief of staff Ken Duberstein — disagreed with the call for impeachment. Watch it:

Also, Podesta delivered a letter this morning to House Judiciary Committee Chairman John Conyers (D-MI), laying out the case for impeaching Bybee.

The letter (pdf) informed Conyers that ThinkProgress has collected nearly 20,000 signatures from concerned citizens “who have expressed their deep-felt and sincere desire to see that Judge Bybee is held to account for authorizing torture.” Podesta’s letter affixed the names of everyone who signed our petition calling on Congress to begin impeachment hearings against Bybee. (It required 71 three-column double-sided pages.)

Thanks for all your help! This could not have been possible without the support of all of you who signed the petition. If you have not already done so, please consider joining the effort by clicking here.

Read Podesta’s full letter below: Read more

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