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Leahy to Bybee: Why Not Give Us Your Side Of Torture Story?
As the calls for his impeachment grow louder, Jay Bybee -- the Bush OLC lawyer who wrote one of the torture memos, and who is now a federal judge -- has been given the chance to share his side of the story.
The unlikely invitation comes from Pat Leahy, the chair of the Senate Judiciary committee. In a letter sent to Bybee today, Leahy invites him to testify before the committee about his role in writing the memos.
In the letter, Leahy notes that press accounts have painted a confusing picture of Bybee's position on the memos. A recent Washington Post story quoted associates saying he "was not pleased" with how they turned out, but today, the New York Times reports that Bybee "believed at the time, and continues to believe today, that the conclusions were legally correct." During his confirmation hearings for the judgeship, Bybee refused to discuss his work for OLC.
Writes Leahy:
By coming forward and testifying before the Committee, you will have the opportunity to amplify or correct these accounts, and explain your role and your views.
Sounds like a generous offer.

















Under Oath. He testifies under oath. Get it in writing.
April 29, 2009 2:13 PM | Reply | Permalink
Sadly and Unfortunately is this is another dispicable, disgusting and appalling display of seemingly the 'Same pack of Lies'?
Would a reasonable person concur that
these professional Lawyers//Judicary Committee//Members could and would have corresponded to inquire of whether to send the nicely worded letter?
Has not one strongly worded letter and subpoena and contempt of Congressional Subpoena been properly and forthrightly followed up upon by our US legislatures within the past 8 years?
Has the Congressional Leadership and President Obama forgot there Proclaimed mentors and proper and forthright, respect and regard of and towards President Abraham Lincoln and Dr. Martin Luther King Jr?
April 29, 2009 2:31 PM | Reply | Permalink
Update
There appears to be something very, very wrong here and I hope there will be further communication.
In my recent communication with Mr. Tom Devine of the GAP, Government Accountability, and presumably in concurrance with Mr. Stephen M. Kohn of the National Whistleblower Center NWC, POGO that his/these 'Federal Employee Whistleblower Protection Enhancement Restoration Act' forthcomming Legislation position have completely changed and do not comply with the necessary and mandated proper and forthright, respect and regard to our US Constitutional, Bill of Rights Laws and International Laws. Also it makes no sense and is presumably illegal and/or in clear and unmistakeable violation of all 'Teaching Principles' to ignore the past/Whistleblowers.
I am overwhelmingly appalled and saddened as also these exclusions would most likely and/or seemingly have a clear and unmistakable contributing devestating negative effect on the 'Change We Can Believe In'.
To clarify, I did not and do not support any WPA Legislation that would exclude past Whistleblowers.
Thank you for your patience and indulgence within these matters.
Thank you for your time and consideration.
April 29, 2009 6:19 PM | Reply | Permalink
Bybee is kinda in a cleft stick here. If he says he stands by the memos he's part of a criminal conspiracy (no reasonable lawyer's citation search could have missed the prosecution of similar acts by the US both outside and within its borders), and if he says he put his signature on something he didn't bother to read or agree with so that he could continue collecting a paycheck till he got his federal judgeship, he's professing honest services fraud. But if he takes the fifth, then he's stipulating that some kind of unlawful activity took place, which is exactly what he and his fellow torture/murder conspirators are denying. Whee.
April 29, 2009 3:19 PM | Reply | Permalink
Citation search? Which memo are you talking about? The Rizzo (CIA) memo from Aug 2002 was restricted to consideration of 2340/2340A, a specific law. Citations in support of that analysis need not be universal. You're treating him as if he were a judge at the time. But he wasn't.
I think the focus on Bybee is wrong-headed.
That said, it would be interesting to have him testify, esp. about how it was he came to write the memos (the timing and politics).
April 29, 2009 5:24 PM | Reply | Permalink
Citation search.
Not memos, but the facts that Japanese nationals were cited, tried, convicted, and hung after WW2 by the USA for torturing (waterboarding) prisoners of war and at least one sheriff in the USA has been cited, tried, convicted, and is serving time for torture (using waterboarding) on prisoners.
Bybee had to know waterboarding was a crime. He just wanted a judgeship and was willing to prostitute his legal opinions toward that end. Even the torturers at Gitmo knew they were performing illegal acts. Otherwise, why do the pictures of all the waterboarding we have seen show them wearing hoods to obscure their identities?
.
May 1, 2009 9:20 AM | Reply | Permalink
I really could care less about Bybee's reasoning for his supporting torture acts...
It is not relevant, as far as I can see. If it were, attorneys would have a case to plead for murder, rape, incest, poisoning enmass, etc. The fact is, and always has been, that historically and LEGALLY with much precedence, waterboarding and other acts used during the Bush administration... whether condoned by attorneys or not... has been banned for generations and thos not abiding by these laws and treaties have been tried and punished.
The only question remaining is this: Have we, the United States of America, decided that now that there are no equals... have we decided to just throw away any rules and laws which do not exempt us from accountability... yet continue to make sure our subjects ... I mean other countries... continue to abide by these same laws and treaties?
If so, we are doomed to soon give up our freedom and follow the lead of many historic nations which have decided to follow the same slope downward...
Of course, one of the major differences between today and history is that those older nations were not privy to 10,000 nuclear bombs... If they had been, we most likely would have never become a free nation...
April 29, 2009 4:34 PM | Reply | Permalink
It would be interesting to see Bybee squirm on the witness seat.
However, He would probably take the Rove/Meirs approach to a subpoena and just refuse to appear.
Even if he did show up, the chances of him providing any relevant information is zilch.
Congress has proven that their subpoenas do not mean a thing.
.
April 30, 2009 10:04 AM | Reply | Permalink
I think there may be no way for this judge to explain his memos on torture. It is amazing that anyone trained to be a lawyer and then who gets an appointment as a judge to be in Bybee's position. He might just as well testify and get it over. He will not survive as a judge unless he can make some sense out of his instructions. How very sad that one of our own has exposed our country to this sort of international humiliation that is so far from being in the mode of true American legal thought. It fits more in the Nazi scheme of things.What a sad episode in the history of our beloved country. Mari
May 3, 2009 7:37 PM | Reply | Permalink