“No matter where you stand politically, Jay is universally respected for his intellect, honesty, and ability to articulate the issues, plus he is not a compromiser of principles.”
Crossposted at oxdown gazette
Torquemada Jay Bybee
Oh my.
Jay Bybee’s fluff profile in Meridian magazine:
On the day the U.S. Senate confirmed Jay S. Bybee’s nomination to the Ninth Circuit Court of Appeals, the largest appellate court in the country, this new judge went home to celebrate in his usual unaffected way—by helping his kids with their homework and washing the dishes. This ability to balance priorities in his personal life is a reflection of the balance and perspective that Bybee brings to the law, which leads friends, colleagues and law school students to respect him for his fair-mindedness, scholarship, and decency.
Sworn in last March by Supreme Court Justice Sandra Day O’Connor, Bybee is a legal scholar who is rapidly becoming “one of the finest constitutional lawyers in America,” according to Judge Lloyd D. George of the U.S. District Court of Nevada. “No matter where you stand politically,” George said, “Jay is universally respected for his intellect, honesty, and ability to articulate the issues, plus he is not a compromiser of principles.”
During Bybee’s confirmation process, Sen. Harry Reid (D-Nevada), Sen. John Ensign (R-Nevada), Sen. Orrin Hatch (R-Utah), Sen. Larry Craig (R-Idaho), and Sen. Charles Schumer (D-New York) spoke publicly on his behalf. At the William S. Boyd School of Law at the University of Nevada at Las Vegas where Bybee was a founding member of the faculty, Dean Richard Morgan called him a “nice, humble, and decent human being, who was also a highly intelligent and accomplished lawyer and teacher.” Morgan added that “in a world of big egos and attitudes, Bybee was a breath of fresh air.”
I was then put into the tall black box for what I think was about one and a half to two hours. The box was totally black on the inside as well as the outside. It had a bucket inside to use as a toilet and had water to drink provided in a bottle. They put a cloth or cover over the outside of the box to cut out the light and restrict my air supply. It was difficult to breathe. When I was let out of the box, I saw that one of the walls of the room had been covered with plywood sheeting. From now on it was against this wall that I was then smashed with the towel around my neck. I think that the plywood was put there to provide some absorption of the impact of my body…
After the beating, I was then placed in the small box. They placed a cloth or cover over the box to cut out all light and restrict my air supply. As it was not high enough even to sit upright, I had to crouch down. It was very difficult because of my wounds. The stress on my legs held in this position meant my wounds both in the leg and the stomach became very painful. I think this occurred about 3 months after my last operation. It was always cold in the room, but when the cover was placed over the box it made it hot and sweaty inside. I don’t know how long I remained in the small box, I think I may have slept of fainted.
More from Meridian:
He became interested in the Constitution as a child when a teacher taught him that “the people are truly in charge, that this is a government of the people, not a government of the leaders.”
Except of course when you’re signing off on secret memos authorizing torture.
Bybee said that unlike the common law, the Constitution is a written document and the text must be consulted. His analysis of the Constitution is that it provides two things. First it provides a process to create laws, with rules about how to make additional rules. An example is that although the Constitution says nothing about the environment per se, it nevertheless provides a process for creating rules about the environment. Second, the Constitution provides some actual rules, as it does with the First Amendment.
Jay must have missed Article VI, which dictates that the treaties we sign are the “supreme law of the land”. Like treaties against torture. Which we’ve signed.
Regarding the law itself, Bybee said he appreciates the role of law in a society which must ask the fundamental question, “How are we going to conduct ourselves?” He explained that there is a system of rules and standards in the law as well as in our personal lives. In his own home, for example, a standard is, “Be nice,” and a rule to encourage that is, “Don’t hit.” He also pointed out that standards are always harder to enforce because it is difficult to define exactly what the standard is. “How do you define honesty,” he asked, “and who is applying the definition?”
Let's be fair: Bybee did not authorize hitting. Oh wait, yes he did. And slamming people's heads into walls. And waterboarding them. The line about "enforcing standards" and "defining honesty" is particularly precious, especially in light of "who is applying the definition". I have a question for Jay Bybee: is it honest to write secret memos that authorize torture in direct contravention to our treaties and constitution? Just askin'.
“I will enforce a law even if I wouldn’t have voted for the law itself had I been a legislator, and I will apply the law unless it crosses the contours of the Constitution.”
I am currently laughing to keep from crying. WHAT PART OF “TORTURE IS ILLEGAL” DID YOU NOT UNDERSTAND, JAY? But there’s more. Here’s the piece de la resistance:
An Old Testament Scholar
It’s no surprise that Bybee’s interest in the rule of law extends to a study of ancient law, notably in Old Testament times.
The Old Testament, as we all know, predates jesus Christ’s gospel of love and forgiveness. The Old Testament is, in fact, a testament to torture, retribution, and revenge.
As the Gospel Doctrine teacher in his ward, he saw parallels in the way people interpreted and applied ancient law to the way many individuals do so today.
Indeed. Like torture. Can you imagine this guy teaching Sunday school?
“People in the Old Testament were absolutely devoted to the law of Moses and required exact obedience to it,” he explained. “Their main concern was that they not find themselves on the wrong side of the law, and they spent their lives trying to bring themselves and each other into conformity with it. While we should admire their zeal to follow the rule of law, we nevertheless have to recognize that without understanding the spirit or purpose of the law, there aren’t enough rules in the world to make a person be good.”
‘“Their main concern was that they not find themselves on the wrong side of the law”: give the guy credit, he’s consistent. In the age of Moses, lawbreakers were stoned, crucified, and brutally tortured (before being executed). In other words, treated by the same Old Testament standards Jay signed off on at Guantanamo!
Honestly, it’s disgusting to read Jay Bybee expound on jesus’s gospel of love and reconciliation, as he goes on to do. The hypocrisy is so glaringly enraging, I almost want to claw my own eyes out:
“In the fifth chapter of Matthew it says that before a man can offer gifts to God, he must first ‘be reconciled to his brother’.” Bybee referred to respected Biblical scholar Hugh Nibley who says the word reconcile comes from the Latin, meaning to be seated with, or to be invited back to the table. Bybee said this analogy of an erring person being welcomed back into full fellowship applies not only to the atonement but also to people who have disagreements.
“What a great image that is,” he said, “of everyone being brought back to the table, included once more in an intimate setting among friends.”
Jay, you pious, pontificating hypocrite.
Next, we get to Jay’s supporters in DC. I think some of the names will be awfully familiar:
Among those in the legal and political community who voiced their respect for Bybee’s approach to the law during his confirmation process were both Nevada Senators—Sen. Reid, a democrat, and Sen. Ensign, a Republican….
During the proceedings, Sen. Reid spoke about Bybee’s extensive writings which are often on controversial subjects, and Sen. Ensign called Bybee “a leader and a gentleman” that he expected to “consistently and carefully consider the arguments on both sides of a legal question with an open mind.” Sen. Craig of Idaho remarked on the unique bipartisan support for the candidate, made possible he said, by the “uniqueness” of Bybee himself.
Following the 74-19 Senate confirmation vote, Sen. Ensign remarked that “the fact that Jay Bybee was confirmed during one of the most contentious periods in the history of the United States Senate in terms of judicial nominees is a credit to his experience and integrity.” Reid added that Bybee’s nomination demonstrates “how the process can work when both sides of the aisle work together.”
Good old Senator Harry Reid, who pals around with torturers! Good for you Harry, good for you. Schmuck.
And finally:
Bybee says he is honored by his new judicial appointment, but feels the tremendous responsibility of his new position. “Talk is cheap,” he says. “There’s a difference between the theoretical discussion of the law and its practice. I take very seriously the fact that I have people’s economic interests, liberty, and very lives in my hands.”
And what kind of judge will he be? Only half in jest, Judge Bybee adds, “I would like my headstone to read, ‘He always tried to do the right thing.’”
Really jay? REALLY? You “always tried to do the right thing”?
Even Jesus Christ himself wouldn’t forgive what you did, but hey maybe Satan will give you a pass on that one.
Impeach Jay Bybee.
April 17th, 2009 at 11:36 am
[...] He couldn’t find anyone to nominate for a federal judgeship who didn’t sign off on torture? [...]
April 17th, 2009 at 12:35 pm
Impeach Jay Bybee.
no prosecute him first. i don’t think impeachment would work if you try that right away.
April 19th, 2009 at 10:02 am
is it really that hard to define honesty? especially for a judge? i agee with noz – prosecute the fucker.