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As head of the Justice Department’s Office of Legal Counsel, Jay Bybee issued a series of memoranda—rescinded by the Justice Department before Bush left office—purporting to legalize the torture and mistreatment of prisoners held in the war on terror.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:

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

No Comment March 28, 2014, 12:32 pm

Scott Horton Debates John Rizzo on Democracy Now!

On CIA secrecy, torture, and war-making powers

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

United States Canada

CATEGORIES

THE CURRENT ISSUE

October 2014

Cassandra Among the
Creeps

= Subscribers only.
Sign in here.
Subscribe here.

“Today Is Better Than Tomorrow”

= Subscribers only.
Sign in here.
Subscribe here.

PBS Self-Destructs

= Subscribers only.
Sign in here.
Subscribe here.

The Monkey Did It

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Post
"In mid-August, hundreds of displaced Christians who had fled to Erbil were moved by Kurdish authorities into the concrete shell of a half-built mall. "
Photograph by Sebastian Meyer
Article
“Today Is Better Than Tomorrow”·

= Subscribers only.
Sign in here.
Subscribe here.

“Iraq has every disease there is; its mind is deranged with too many voices, its organs corrupted, its limbs only long enough to tear at its own body.”
Photograph by Benjamin Busch
Post
Flying Blind·

= Subscribers only.
Sign in here.
Subscribe here.

“President Obama’s war against the Islamic State will represent, by a rough count, the eighth time the U.S. air-power lobby has promised to crush a foe without setting boot or foot on the ground.”
Article
The Monkey Did It·

= Subscribers only.
Sign in here.
Subscribe here.

“In Murakami’s fiction, what presents itself as a key reveals itself simultaneously to be a keyhole.”
Illustration by Steven Dana
Article
PBS Self-Destructs·

= Subscribers only.
Sign in here.
Subscribe here.

“The present state of PBS, the result of built-in deficiencies and ideological conflicts, was almost an inevitability.”
Illustration by Thomas Allen

Estimated percentage of U.S. gasoline consumption that occurs during traffic jams:

4

In India, 1.8 million female children were estimated to have died between 1985 and 2005 as an indirect result of domestic violence against their mothers; the boys of abused mothers were not at increased risk of death.

Vanilla latte and lemon pound cake continued to be the best-selling items at the Starbucks at CIA headquarters, where baristas do not write customers’ names on their cups.

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