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-   -   Bybee may have to face the music after all (http://www.cougarguard.com/forum/showthread.php?t=25882)

MikeWaters 04-21-2009 10:46 PM

Bybee may have to face the music after all
 
http://news.yahoo.com/s/ap/20090421/...rogation_memos

Quote:

It might be argued that the officials were simply doing their jobs, providing legal advice for the Bush administration. However, John Strait, a law professor at Seattle University said, "I think there are a slew of potential charges."

Those could include conspiracy to commit felonies, including torture, he suggested.

Bybee also could face impeachment in Congress if lawmakers were so inclined.
Bybee should be required to explain himself under oath, without a deal, to an investigative committee.

If he is guilty of breaking the law, he should be punished.

Don't they teach ethics at BYU Law?

il Padrino Ute 04-21-2009 10:59 PM

On another board, someone pointed out that Bybee was doing what a lawyer is supposed to do - tell his client what he can do without breaking the law. If this is the case, then there really is nothing that can be done in regard to prosecuting Bybee.

I tend to believe there is an ulterior motive behind going after Bybee - he's a conservative on the ridiculously liberal 9th Circuit Court and the crybaby liberals don't like it. They don't want balance there.

MikeWaters 04-21-2009 11:06 PM

Quote:

Originally Posted by il Padrino Ute (Post 303992)
On another board, someone pointed out that Bybee was doing what a lawyer is supposed to do - tell his client what he can do without breaking the law. If this is the case, then there really is nothing that can be done in regard to prosecuting Bybee.

I tend to believe there is an ulterior motive behind going after Bybee - he's a conservative on the ridiculously liberal 9th Circuit Court and the crybaby liberals don't like it. They don't want balance there.

He's not a conservative. He's a fascist. A conservative wouldn't have written that memo.

The memo was not "this is as much as we can justify getting away with." It spelled out the Justice Dept.'s opinion on what is and what is not torture. If I'm not mistaken. I haven't read it myself.

WHEN YOU WORK FOR THE JUSTICE DEPT. YOU ARE WORKING FOR THE AMERICAN PEOPLE--YOU ARE WORKING FOR ME!

Bybee, you betrayed the American people, and for that you must pay.

May you be impeached, disbarred, imprisoned, and removed of your right to vote.

il Padrino Ute 04-21-2009 11:10 PM

Doesn't it make you happy that you and he share an alma mater?

MikeWaters 04-21-2009 11:14 PM

No doubt, Bybee was instructed to come up with a document that would justify various means of torture, and give it the imprimatur of morality and legality, as I have already said.

And Bybee complied.

But that was his moment of courage. He could have said no. He should have said no. He should have said "I will have no part of this, I'm not writing this."

But at the end of the day, he did as he was asked, and he signed his name. HE SIGNED HIS NAME. He said, THIS IS MY WORK, AND I AM RESPONSIBLE FOR IT.

All I am asking is that he be held responsible for what he claimed responsibility for.

The loyal boy he is, I doubt he will turn state's witness and implicate his co-conspirators. No, I think he would be willing to serve a couple years in jail, all the while patting himself on the back as one of the true "warriors" against terrorism. One of the men "fearless," "who knows what must be done."

This is a man that will be described as decent. Gentle. A man that looks you in the eye with a firm handshake. A man that cries at the pulpit.

But sadly, a man that has lost his way. The tragedy of Jay Bybee. I hope a book is written someday, where we find out the truth behind his rise and (hopefully) fall.

MikeWaters 04-21-2009 11:18 PM

Quote:

Originally Posted by il Padrino Ute (Post 303994)
Doesn't it make you happy that you and he share an alma mater?

Let's not kid ourselves here. While they teach what they call "religion" at BYU, it certainly is not ethics.

At BYU, they do teach you to do what you are told. Who better to write the torture memo, then a diligent man who always does what he is told?

Tex 04-21-2009 11:33 PM

It's kinda amusing to watch Waters continually blame Mormonism for Bybee's willingness to write that memo.

This latest announcement is just further evidence of the Left's desire to criminalize politics. Whether one agrees with Bybee's authored opinions, the charge he did something illegal by writing them is patently ridiculous. The only people who can't see that are those blinded by their anti-torture Bloodlust.

MikeWaters 04-21-2009 11:56 PM

Quote:

Originally Posted by Tex (Post 303999)
It's kinda amusing to watch Waters continually blame Mormonism for Bybee's willingness to write that memo.

This latest announcement is just further evidence of the Left's desire to criminalize politics. Whether one agrees with Bybee's authored opinions, the charge he did something illegal by writing them is patently ridiculous. The only people who can't see that are those blinded by their anti-torture Bloodlust.

I'm disappointed that the light that should have been in Bybee did not shine. I expect better of him.

MikeWaters 04-22-2009 12:00 AM

Times editorial calls for the impeachment of Bybee.

Quote:

In one of the more nauseating passages, Jay Bybee, then an assistant attorney general and now a federal judge, wrote admiringly about a contraption for waterboarding that would lurch a prisoner upright if he stopped breathing while water was poured over his face. He praised the Central Intelligence Agency for having doctors ready to perform an emergency tracheotomy if necessary.
Quote:

That investigation should start with the lawyers who wrote these sickening memos, including John Yoo, who now teaches law in California; Steven Bradbury, who was job-hunting when we last heard; and Mr. Bybee, who holds the lifetime seat on the federal appeals court that Mr. Bush rewarded him with.

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. And if the administration will not conduct a thorough investigation of these issues, then Congress has a constitutional duty to hold the executive branch accountable. If that means putting Donald Rumsfeld and Alberto Gonzales on the stand, even Dick Cheney, we are sure Americans can handle it.
http://www.nytimes.com/2009/04/19/opinion/19sun1.html

Cali Coug 04-22-2009 12:06 AM

Quote:

Originally Posted by Tex (Post 303999)
It's kinda amusing to watch Waters continually blame Mormonism for Bybee's willingness to write that memo.

This latest announcement is just further evidence of the Left's desire to criminalize politics. Whether one agrees with Bybee's authored opinions, the charge he did something illegal by writing them is patently ridiculous. The only people who can't see that are those blinded by their anti-torture Bloodlust.

Whether or not he broke the law is entirely separate from whether or not he should face consequences for his actions. He was a coward and failed to do his job as he swore to do when he became a lawyer. He should be disbarred. He should be impeached.

Archaea 04-22-2009 12:12 AM

Quote:

Originally Posted by Cali Coug (Post 304002)
Whether or not he broke the law is entirely separate from whether or not he should face consequences for his actions. He was a coward and failed to do his job as he swore to do when he became a lawyer. He should be disbarred. He should be impeached.

I disagree with the memo he wrote, but if he failed to violate the law, how can he be disbarred or impeached?

Because you don't like his moral ethics?

Tex 04-22-2009 12:35 AM

Quote:

Originally Posted by Cali Coug (Post 304002)
Whether or not he broke the law is entirely separate from whether or not he should face consequences for his actions. He was a coward and failed to do his job as he swore to do when he became a lawyer. He should be disbarred. He should be impeached.

On what basis?

Cali Coug 04-22-2009 12:39 AM

Quote:

Originally Posted by Archaea (Post 304003)
I disagree with the memo he wrote, but if he failed to violate the law, how can he be disbarred or impeached?

Because you don't like his moral ethics?

Are you suggesting the only standard for disbarment or impeachment is criminal conduct?

Cali Coug 04-22-2009 12:42 AM

Quote:

Originally Posted by Tex (Post 304004)
On what basis?

He advocated a position that was clearly contrary to law and public policy. He began with the conclusion and backed his way into a "legal" justification for that position when his obligation was to tell his employer what the law actually said and to follow it. He placed the interests of his employer before the interests of the country and its laws. Those are not the signs of a capable counsel, those are the signs of a coward. He certainly should not have been rewarded with a federal judgeship for his unethical conduct.

Who knows how many have suffered at the hands of those operating under the imprimatur of authority granted to them by Mr. Bybee.

Tex 04-22-2009 01:03 AM

Quote:

Originally Posted by Cali Coug (Post 304006)
He advocated a position that was clearly contrary to law and public policy. He began with the conclusion and backed his way into a "legal" justification for that position when his obligation was to tell his employer what the law actually said and to follow it. He placed the interests of his employer before the interests of the country and its laws. Those are not the signs of a capable counsel, those are the signs of a coward. He certainly should not have been rewarded with a federal judgeship for his unethical conduct.

Who knows how many have suffered at the hands of those operating under the imprimatur of authority granted to them by Mr. Bybee.

If it was so "clearly" contrary, then there wouldn't be a debate about it.

I think impeaching a judge for political expediency is dangerous ground to be breaking. If I recall, that's what usually gets the Democrats all riled up when the situation is reversed. Heck, they even got mad when Bush allegedly fired some of his OWN lawyers for political purposes.

MikeWaters 04-22-2009 01:09 AM

If Bybee had an ounce of regret, he would resign.

If Bybee had an ounce of regret, he would apologize.

Sometimes, when what you do is heinous enough, the only way the mind can grapple with it is to justify it.

See: Khmer Rouge.

Tex 04-22-2009 02:34 AM

Dick Cheney said over the weekend that if the Obama admin is going to take the (unwise, IMO) move to release interrogation memos, they ought to release the whole story, including the good that came of them.

Now the NYTimes has obtained memo from Obama's national intelligence director--an admiral--saying that the techniques "produce[d] significant information that helped the nation in its struggle with terrorists." The interestingly part is, the memo was released last week with the rest, but with those statements deleted from the text.

The admiral's spokeswoman called it "normal editing." Right. More like the further politicizing of national security.

http://www.msnbc.msn.com/id/30335592/

MikeWaters 04-22-2009 02:44 AM

Can't Cheney die already? How long is the man going to poison the country?

Let's torture every criminal suspect we arrest. I'll bet we get some useful information in a few cases.

The logical fallacy is that the information could not have been obtained in any other way.

Cali Coug 04-22-2009 02:50 AM

Quote:

Originally Posted by Tex (Post 304007)
If it was so "clearly" contrary, then there wouldn't be a debate about it.

I think impeaching a judge for political expediency is dangerous ground to be breaking. If I recall, that's what usually gets the Democrats all riled up when the situation is reversed. Heck, they even got mad when Bush allegedly fired some of his OWN lawyers for political purposes.

It IS clearly contrary. The fact that there is a debate doesn't speak to the lack of clarity but to the degree to which people are willing to go when they are scared and threatened.

This is hardly an issue of political expediency, despite your best efforts to make it so.

Cali Coug 04-22-2009 02:51 AM

Quote:

Originally Posted by Tex (Post 304010)
Dick Cheney said over the weekend that if the Obama admin is going to take the (unwise, IMO) move to release interrogation memos, they ought to release the whole story, including the good that came of them.

Now the NYTimes has obtained memo from Obama's national intelligence director--an admiral--saying that the techniques "produce[d] significant information that helped the nation in its struggle with terrorists." The interestingly part is, the memo was released last week with the rest, but with those statements deleted from the text.

The admiral's spokeswoman called it "normal editing." Right. More like the further politicizing of national security.

http://www.msnbc.msn.com/id/30335592/

What is his point? If it works it must be legal? Are you really on board with this line of reasoning, Tex? Seriously? Even assuming the truth of his statement?

Cali Coug 04-22-2009 02:52 AM

Quote:

Originally Posted by MikeWaters (Post 304008)
If Bybee had an ounce of regret, he would resign.

If Bybee had an ounce of regret, he would apologize.

Sometimes, when what you do is heinous enough, the only way the mind can grapple with it is to justify it.

See: Khmer Rouge.

Ironically, the Khmer Rouge used waterboarding, which we promptly denounced as torture. The Japanese used it as well. Some of those who used it were later executed for war crimes.

MikeWaters 04-22-2009 02:52 AM

It blows my mind that OBL has started us down the path of a police state, and nobody cares.

Illegal wiretaps? Who cares.

"Patriot" Act? Yawn.

Homeland Security? Gives me warm fuzzies.

MikeWaters 04-22-2009 02:52 AM

Quote:

Originally Posted by Cali Coug (Post 304014)
Ironically, the Khmer Rouge used waterboarding, which we promptly denounced as torture. The Japanese used it as well. Some of those who used it were later executed for war crimes.

Is it possible Bybee could be executed?

Tex 04-22-2009 03:09 AM

Quote:

Originally Posted by Cali Coug (Post 304013)
What is his point? If it works it must be legal? Are you really on board with this line of reasoning, Tex? Seriously? Even assuming the truth of his statement?

No, I don't think that's his point.

il Padrino Ute 04-22-2009 03:14 AM

Quote:

Originally Posted by MikeWaters (Post 304001)
Times editorial calls for the impeachment of Bybee.





http://www.nytimes.com/2009/04/19/opinion/19sun1.html

The NY Times editorial page isn't very objective, so it's no surprise it would call for impeachment.

I'm not defending Bybee. I was only pointing out what lawyers do.

Cali Coug 04-22-2009 03:39 AM

Quote:

Originally Posted by Tex (Post 304019)
No, I don't think that's his point.

Then what do you think is his point?

Tex 04-22-2009 04:00 AM

Quote:

Originally Posted by Cali Coug (Post 304023)
Then what do you think is his point?

That the benefits should be carefully weighed against the drawbacks in determining policy. That attitude is reflected in this quote:

Quote:

“I like to think I would not have approved those methods in the past,” he wrote, “but I do not fault those who made the decisions at that time, and I will absolutely defend those who carried out the interrogations within the orders they were given.”

8ballrollin 04-22-2009 01:48 PM

It's too bad the Bush administration and the CIA acted without oversight. I think Nancy and Bob Graham would have put a stop to waterboarding. Oh...that's right, I forgot Congress does have oversight over intelligence and receives briefing on the legality of their programs methods; it's their job.

Quote:

Representative Nancy Pelosi of California, who in 2002 was the ranking Democrat on the House committee, has said in public statements that she recalls being briefed on the methods, including waterboarding. She insists, however, that the lawmakers were told only that the C.I.A. believed the methods were legal — not that they were going to be used.

By contrast, the ranking Republican on the House committee at the time, Porter J. Goss of Florida, who later served as C.I.A. director, recalls a clear message that the methods would be used.

“We were briefed, and we certainly understood what C.I.A. was doing,” Mr. Goss said in an interview. “Not only was there no objection, there was actually concern about whether the agency was doing enough.”

Senator Bob Graham, Democrat of Florida, who was committee chairman in 2002, said in an interview that he did not recall ever being briefed on the methods, though government officials with access to records say all four committee leaders received multiple briefings.
http://www.nytimes.com/2009/04/22/us...nted=3&_r=1&hp

MikeWaters 04-22-2009 02:18 PM

Is it possible Pelosi could be executed?

8ballrollin 04-22-2009 02:48 PM

Quote:

Originally Posted by MikeWaters (Post 304038)
Is it possible Pelosi could be executed?

No. She is already more Botox and hair products than human.

Cali Coug 04-22-2009 03:13 PM

Quote:

Originally Posted by Tex (Post 304024)
That the benefits should be carefully weighed against the drawbacks in determining policy. That attitude is reflected in this quote:

I am referring to Dick Cheney, not the admiral.

Cali Coug 04-22-2009 03:17 PM

Quote:

Originally Posted by 8ballrollin (Post 304037)
It's too bad the Bush administration and the CIA acted without oversight. I think Nancy and Bob Graham would have put a stop to waterboarding. Oh...that's right, I forgot Congress does have oversight over intelligence and receives briefing on the legality of their programs methods; it's their job.



http://www.nytimes.com/2009/04/22/us...nted=3&_r=1&hp

While I find it disturbing that anyone could ever approve these tactics, Pelosi certainly included, I am less troubled by political approval of the tactics than I am by the legal opinions which enabled the political approval, except to the extent the politicians drove the lawyers to reach a certain conclusion and then used that legal conclusion as a tool to persuade other politicians to approve the conduct as well.

Archaea 04-22-2009 03:21 PM

Quote:

Originally Posted by Cali Coug (Post 304005)
Are you suggesting the only standard for disbarment or impeachment is criminal conduct?

I suppose a violation of known ethics of your local bar association also rise to the leve of potential disbarment or impeachment, but such would have to be with notice and warning, so for all practical purposes, the only sitting judges I know of that have been impeached have been first convicted of crimes.

As a policy rule, you couldn't allow vague generalities to suffice to remove potentially unpopular judges. I'm uncomfortable with that standard.

MikeWaters 04-22-2009 03:31 PM

Had the memo been known more broadly, it casts much doubt on whether Bybee would have been confirmed to the Court in the first place.

Tex 04-22-2009 03:37 PM

Quote:

Originally Posted by Cali Coug (Post 304040)
I am referring to Dick Cheney, not the admiral.

I haven't specifically read Cheney's quotes, I'm just going off what was reported. I assume he feels the same way.

Quote:

Originally Posted by Cali Coug (Post 304041)
While I find it disturbing that anyone could ever approve these tactics, Pelosi certainly included, I am less troubled by political approval of the tactics than I am by the legal opinions which enabled the political approval, except to the extent the politicians drove the lawyers to reach a certain conclusion and then used that legal conclusion as a tool to persuade other politicians to approve the conduct as well.

Are you troubled at all by the advocacy to use impeachment and/or disbarment as a political weapon, to threaten lawyers of a previous administration simply because the governing ideology and resulting policies have changed?

MikeWaters 04-22-2009 03:46 PM

taking a monster off one of the most important courts in the land, who has done things that would have prevented his confirmation in the first place, is hardly political.

Cali Coug 04-22-2009 04:27 PM

Quote:

Originally Posted by Tex (Post 304045)
I haven't specifically read Cheney's quotes, I'm just going off what was reported. I assume he feels the same way.



Are you troubled at all by the advocacy to use impeachment and/or disbarment as a political weapon, to threaten lawyers of a previous administration simply because the governing ideology and resulting policies have changed?

That isn't the point of the threat of impeachment and/or disbarment. The fact that you believe this to be the result of a change of "governing ideology and resulting policies" is depressing.

Tex 04-22-2009 04:29 PM

Quote:

Originally Posted by Cali Coug (Post 304049)
That isn't the point of the threat of impeachment and/or disbarment. The fact that you believe this to be the result of a change of "governing ideology and resulting policies" is depressing.

It isn't supposed to be the point, I agree. But if Bybee is impeached, disbarred, or jailed based on the information that is currently public, that's exactly what it will be. Does that trouble you?

Cali Coug 04-22-2009 04:37 PM

Quote:

Originally Posted by Tex (Post 304050)
It isn't supposed to be the point, I agree. But if Bybee is impeached, disbarred, or jailed based on the information that is currently public, that's exactly what it will be. Does that trouble you?

No, that isn't what it will be, so no, it doesn't trouble me.

Cali Coug 04-22-2009 05:10 PM

By the way, here are the rest of the admiral's comments:

“The information gained from these techniques was valuable in some instances, but there is no way of knowing whether the same information could have been obtained through other means,” Admiral Blair said in a written statement issued last night. “The bottom line is these techniques have hurt our image around the world, the damage they have done to our interests far outweighed whatever benefit they gave us and they are not essential to our national security."

http://www.nytimes.com/2009/04/22/us...er=rss&emc=rss


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