No Comment — October 15, 2009, 9:43 am

Bybee Avoids Judicial Complaint

As head of the Justice Department’s Office of Legal Counsel, Jay Bybee issued a series of memoranda—rescinded by the Justice Department before Bush left office—purporting to legalize the torture and mistreatment of prisoners held in the war on terror. His conduct is potentially chargeable under the War Crimes Act and the Anti-Torture Act. But the Ninth Circuit doesn’t consider it worth serious consideration in the context of a judicial misconduct complaint. The Ninth Circuit’s Judicial Council has turned back a complaint directed against Judge Bybee based on his key role in crafting torture policy. The decision, issued by Judge Alex Kozinski, did not deal with the merits of the accusations leveled against Bybee, or the claim that Bybee never would have been confirmed by the Senate had it been informed of his role in the torture scandal. The complaint was “dismissed for failure to allege judicial conduct prejudicial to the effective and expeditious administration of the business of the courts” because the misconduct that was its subject occurred before Bybee became a circuit judge.

Bybee currently remains on the bench, notwithstanding the fact that he is the subject of a criminal investigation overseas and cannot travel abroad without risking arrest and imprisonment.

Activists seeking Bybee’s removal have one more card to play: impeachment. The record is clear that judges may be impeached and removed for crimes committed before they came on the bench. The question now passes to John Conyers and the House Judiciary Committee.

Share
Single Page

More from Scott Horton:

Six Questions October 18, 2014, 8:00 pm

The APA Grapples with Its Torture Demons: Six Questions for Nathaniel Raymond

Nathaniel Raymond on CIA interrogation techniques.

No Comment, Six Questions June 4, 2014, 8:00 am

Uncovering the Cover Ups: Death Camp in Delta

Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp

From the June 2014 issue

The Guantánamo “Suicides,” Revisited

A missing document suggests a possible CIA cover-up

Get access to 164 years of
Harper’s for only $39.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

February 2015

The War of the World

= Subscribers only.
Sign in here.
Subscribe here.

The Sharp Edge of Life

= Subscribers only.
Sign in here.
Subscribe here.

The Great Republican Land Heist

= Subscribers only.
Sign in here.
Subscribe here.

Captive Market

= Subscribers only.
Sign in here.
Subscribe here.

The Day of the Sea

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
The Great Republican Land Heist·

= Subscribers only.
Sign in here.
Subscribe here.

“The wholesale transfer of public lands to state control may never be achieved. But the goal might be more subtle: to attack the value of public lands.”
Photograph by Chad Ress
Article
The Sharp Edge of Life·

= Subscribers only.
Sign in here.
Subscribe here.

“The struggle of the novelist has been to establish a measure, a view of human nature, and usually, though not always, as large a view as belief and imagination can wring from observable facts.”
Photo by Eddie Adams/Associated Press
Article
Captive Market·

= Subscribers only.
Sign in here.
Subscribe here.

"Fear of random violence lives on, but the reality is that violent-crime rates have dropped to levels not seen since the early Seventies."
Photograph by Richard Ross
Article
The Day of the Sea·

= Subscribers only.
Sign in here.
Subscribe here.

“Fifteen judges will then sit together in a wood-paneled room, in a city thousands of miles from the Andes, and decide whether the ocean Bolivia claims as its right will at last be returned to it.”
Photo by Fabio Cuttica/Contrasto/Redux
Post
The Art of Outrage·

= Subscribers only.
Sign in here.
Subscribe here.

Illustration by Art Spiegelman

Estimated total calories members of Congress burned giving Bush’s 2002 State of the Union standing ovations:

22,000

A fertility scientist named Panayiotis Zavos announced that he had created human-cow embryos that were theoretically viable, but denied that he planned to allow such a hybrid to be implanted in a woman’s womb. “We are not trying to create monsters,” he said.

A statistician determined that the five most common first names among New York City taxi drivers are Md, Mohammad, Mohammed, Muhammad, and Mohamed.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

In Praise of Idleness

By

I hope that after reading the following pages the leaders of the Y. M. C. A. will start a campaign to induce good young men to do nothing. If so, I shall not have lived in vain.

Subscribe Today