Torture Judge given big pass by 9th Circuit

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Bybee's Final Fate In Conyers' Hands Now


Sun Oct 18, 2009 at 08:44:15 AM PDT

Believe it or not this past week Judge Bybee, aka the Torture Memos Author, was given a big pass by the Ninth Circuit's Judicial Council. Apparently without even looking back at the entire Torture Memo fiasco or its ongoing costs the Council issued it's ruling.

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.

Lest any American forgets, this is a Lifetime appointment to one of the most powerful courts in our nation and all that stands between the chief architect of the Bush Torture Excuses and his seat representing Americas ideals of democracy.

So the outcome of the Councils ruling means that the only way left to make sure that Bybee does not continue to be one of our shining beacons is that Congressman/Chairman Conyers start Impeachment investigations into Judge Bybees fitness as a leading legal mind and Appeals Court Justice.

The first quote comes from Scott Horton in his Bybee Avoids Judicial Complaint, a short blog from Oct.15. Scott also points out the danger of arrest the Judge could have if he were to travel aboard. Time wrote about that possibility in March. 
Will a Spanish Judge Bring Bush-Era Figures to Justice?

No doubt there's a bit of strategy in aiming at Yoo and Feith (the complaint also brings charges against William Haynes, former general counsel for the Department of Defense; Jay Bybee, of the Office of Legal Counsel at the Justice Department; and David Addington, Dick Cheney's chief of staff). "Politically, going after lower-level officials is a lot more palatable than going against a former President and Vice President," says international-law professor Robert Goldman, director of the War Crimes Research Office at American University. "Plus, there's a lot more direct evidence when it comes to Yoo, Bybee and Addington. Their fingerprints are all over these policies." (Reached by e-mail, Bybee, now a judge on the Ninth Circuit Court of Appeals, said he had no comment.)

I would hope we care enough to start a movement to let Rep. Conyers know how we feel, or should I say how I feel. This issue has been pretty silent lately what with the HCR debate and 2 wars but are we going to let this slip under the ropes because we are distracted ? I would hope not. Below is the Congressmans contact info if anyone cares to make their feelings known. 
    *  Washington Office: 202-225-5126 
   * Detroit Office: 313-961-5670 
   * Trenton / Downriver Office: 734-675-4084 
   or email at

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You and Scott Horton are jumping the gun. There's a review process for judicial complaints. I have 35 days to file a request for a review, and this time I'm going to include 1) affadavits from 9th Circuit practising attorneys saying that their confidence in the court is lowered, 2) stronger evidence of the public's confidence being lowered in the court, namely, details of more impeachment campaigns and groups behind the campaigns, 3) a strong argument that there is NOTHING in the judicial misconduct rules saying that the misconduct had to occur AFTER the judicial appointment. The Ninth Circuit Chief Judge, Alex Kozinski, ruled and dismissed the complaint, NOT the Judicial Council. The Council appoints a committee to look at the request for review, so Judge Kozinski won't be making the decision on the complaint this time.

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This page contains a single entry published on October 18, 2009 2:55 PM.

Gonzales: "No regrets" was the previous entry in this blog.

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