Friday, May 29, 2009

Judge Bybee and the Torture Memos

Two of my law school classmates, Mike King and Howard Goodfriend, have written a Guest Editorial in today's Seattle Times arguing why torture memo author Jay Bybee should resign from the Ninth Circuit Court of Appeals. Believe me, Mike and Howard cover the political spectrum from right to left, so to see them co-author this editorial is telling.

They write:

"In his memo, Bybee ratified severe interrogation techniques, including waterboarding, face slapping, wall-slamming and placing a detainee inside a cramped confinement box with live insects said to be poisonous. After a CIA briefing on each method, in specific and gruesome detail, Bybee knew exactly how these techniques were inflicted on an individual detainee, several times per day, over a period of several weeks. Yet he concluded that the repeated use of these interrogation methods does not constitute the crime of torture under federal law."

And here's the part that got me:

"All lawyers take an oath to uphold the rule of law. Even a private lawyer may not advise a client on how to commit a future crime. But Bybee was not acting as a mere private lawyer advising a private client, and his opinion does not involve conduct undertaken merely for his own financial gain. As assistant attorney general, Bybee had a higher calling."

To read the entire editorial, click here:
http://seattletimes.nwsource.com/html/opinion/2009274402_opinb29king.html

No comments:

Post a Comment