Jay Bybee's Rules at Home: "Be Nice. Don't Hit." Bybee's Rules for the CIA: Torture Prisoners
Bybee seems to be against corporal punishment, but has no problem with slamming prisoners against walls, locking people in boxes and simulating drowning.
Jay Bybee authored one of the most chilling of the four Bush-era torture memos declassified last week by the Obama administration. Bybee signed the August 2002 memo in his capacity as a Deputy Attorney General working in the Office of Legal Counsel at the Justice Department. Now he is a federal judge sitting on the Ninth Circuit Court of Appeals, the largest appellate court in the US (Remember, Democratic Senators Chuck Schumer and Harry Reid helped him get there).
Following the disclosure of the memos and Bybee's role in developing legal strategies for justifying the torture of prisoners, activists launched a campaign to demand that Rep. John Conyers, chair of the Judiciary Committee, hold a hearing to determine whether grounds exist for Bybee's impeachment. As the Center for Constitutional Rights points out:
His flagrant contempt for the rule of law is utterly inconsistent with his judicial position and speaks directly to his competency to function in that office. It is unacceptable for an individual who abused his status as a government lawyer and violated the law in conspiring with other members of the Bush Torture Team to sit as a federal judge, someone who hears and decides issues of constitutional import. At the time of his confirmation hearing, his role in the Torture Program was secret, as was the program itself. Jay Bybee's actions constitute High Crimes and Misdemeanors by any standard.
This morning, an anonymous email I received directed me to a Mormon publication, Meridian Magazine, that profiled Bybee (who is a Mormon) when he was first appointed to the bench. While reading this, keep in mind that Bybee was the author of a memo that gave the legal green light to heinous acts of torture. The Meridian Magazine article is a sappy, fawning profile of Bybee, but there are some gems in the context of the current situation:
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?"
[...]
Regardless of his opinions about a specific law, Bybee said, "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."
[...]
It's no surprise that Bybees interest in the rule of law extends to a study of ancient law, notably in Old Testament times. 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.
"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 arent enough rules in the world to make a person be good."
[...]
Bybee believes that society would function better if people demonstrated an attitude of reconciliation rather than revenge. He said some lawyers become entrenched, and instead of finding common ground and shared values between contending parties, such lawyers tend to "litigate to the death."
Wow. "Litigate to the death." That is almost the perfect concept for Bybee's role in the US torture apparatus.
Read more by Jeremy Scahill at RebelReports.com
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Don’t believe the ‘be nice and don’t hit’ advise. Anyone who has stood against wrong doings within LDS Inc. knows better. Psyops are par for the course. Bybee’s “Be nice and don’t hit”, if the fact that is his stand, only goes to the door, it is not the practice for anyone who dares to take an stand within the LDS community. Bybee’s views and actions are consistent with behaviors found inside the LDS community. Bybee is for polygamy also.
“Bybee believes that society would function better if people demonstrated an attitude of reconciliation rather than revenge.” --- " Let’s translate this: he is saying don’t let him have any consequences or penalty for any wrong doing.
”How do you define honesty," he asked, "and who is applying the definition?" Now, that is getting entangled. “Answer the question that should have been asked, NOT the one that was." instruction in the LDS mission training session for missionaries going out in the field. Too bad the You Tube was taken down! It was a great study in manipulation and slicing the truth in half! -- Bybee learned well!
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In-house attorneys often run up against this conflict. They know what their bosses want to do and if they support that, they will get rewarded. If they stick up for the rule of law and speak truth to power, they aren't going anywhere in their careers.
Telling the boss that what he wants to do is illegal isn't the way to get ahead in any organization. So, if you have any ambition, you tell the boss what he wants to hear.
This happens all the time in various organizations. This is what happened to Enron. If you come up with "creative" solutions to problems and say that they are legal, you get rewarded. If you say that the "creative" solution is illegal, you get moved to an office in the closet.
The problem is that positions of power are held by people who have been compromising themselves for years in order to get to the position of power. Every step of the way, they have chosen their own ambition over the legal and moral position.
First of all I am not a Bybee fan...now, having said that, writing an opinion at the request of your boss is not a crime. I think we are pushing the envelope if we expect Bybee to be charged for writing an opinion since they are written on both sides every day in the government when lawyers have different opinions. The crime is the carrying out the excesses the opinion gave rise to.
But, should Bybee resign? By all means! He should have resigned when he was asked to write such a twisted reasoning and he might have done so if he really cared about what the consequences of his actions might be. Should he be impeached? I doubt it will happen.
Sorry, but the opinion must accurately reflect the law. Further, he was George Bush's personal lawyer, he was an official of the US government telling the government what the boundaries were. There is an issue of intent. If he really believed it was okay to torture, he is serioulsy incompetent, but not criminal. However, if he wrote the memo with the intent of providing legal cover for actions he knew to be illegal, then he is, indeed a part of the conspiracy to violate the Constituion and the Geneva Conventions.
By the way, impeachment removes the person from office, but does not result in fines or imprisonment.
You meant to say he was NOT George Bush's personal lawyer, correct?
You are also correct in stating what the fact-finding in the course of an investigation into the matter should determine, namely, whether Bybee is incompetent or was providing cover for something he knew was illegal. Possibly hard to prove the latter without much more evidence, but either way, impeachment would be the course of action resulting in his removal from office, followed by possible disbarment or more.
In any case, a strong message would be sent to future government officials as to what is acceptable conduct on matters as serious as this.
Every person faces their own rendezvous with conscience. It comes in small ways, and sometimes in weak moments.
That is a better lesson to teach our children than "be nice." Teach them morality, develop the conscience and self respect, and teach them high mindedness by being high minded. Nobility of spirit and mind has an impression on children.
Then we teach our children to be sure the decisions they make, when given a dilemma to resolve, is one that will not embarrass them 10 years later.
Unfortunately, Bybee has disgraced himself and he must face his critics with no defense. He not only rolled over to do something extremely slimy, but he did it badly, and it ended up in injuring and even killing some people. He will never never recover his reputation.
He may survive removal, but he may not hold on to his license to practice law. I cannot imagine the California Bar Association will not investigate him and bring him up on charges. His behavior was a violation of legal ethics and his legal reasoning was not that of a scholar, but of a burger, a butcher or a buffoon. Legal malpractice is actionable, especially when it comes from someone seeking the high honor of a federal lifetime appointment to the US Circuit Court.
You know, I didn't think I'd come across any information at this stage of the game that would make me stop in utter wonderment at the hypocrisy of those in power.
Clearly, I was wrong.
If you think Judge Bybee is bad Sam Alito is even worse...and he committed perjury before the Judiciary committee during his confirmation hearings when he said :
"Nobody's above the law and no one is beneath it..."
I know he was saying that due to me, and the 16 pages of his criminality I sent the committee..!
Impeaching Alito is even more important..!
You? And who are you?
We is him and him is us.
In his own home, for example, a standard is, "Be nice," and a rule to encourage that is, "Don't hit."
So that's why he devised the waterboarding program because it would not compromise his principles of not hitting.
Yes, and he was being nice to the President who asked him to write that opinion. He just chose the wrong person to be nice to. He should have thought about what Jesus would say about this.
Typical GOPer tortured logic: Right to life ends at birth, right to privacy ends where a cavity search can't reach, right to protection against torture ends, when? Right to free speech ends when it disagrees with me or questions my faith, rights in general end when it's expedient.
This is a classic example of sociopathic behavior caused by a lack of empathy.
I see this manifested more and more in our society.
As members of an affluent society, it is unnecessary for us to express empathy for our fellow human beings. Certainly, we possess sympathy but the inability to feel beyond that disassociates us from the suffering of others unless we ourselves have experienced the same.
People like Mr. Bybee, therefore, are able to understand the necessity for non-violence in their own homes and surroundings as it relates directly to their own well-being. But they are incapable of making that great leap of seeing the need for it beyond that, except as a theoretical understanding of the need for peace because the violence may spill over into their own reality.
Therefore: Violence in my home - unacceptable ... violence in a prison, or in Afghanistan or Iraq - acceptable.
That's pretty good. And were do we learn empathy, or to be more to the point, how do we learn empathy if our primary caregivers are devoid of such? The law is no substitute for empathy.
Aside from our caregivers, I think we can only learn empathy through personal suffering. If we are psychologically well-balanced, we are able to then identify with others and want to ensure they don't suffer in kind. If not, we become bitter and wish to visit that suffering on others so they will empathize with us.
In a perfect world Bybee, would be impeached and sent to jail where he could await his partners in crime to join him.
I am all for waterboarding. It builds character.
That's not just a disingenuous comment, it is stupid and ill-conceived. Torture degrades character. That is torture's prime objective: to break someone down, to destroy their character and make them pliable to the wishes of others. Obviously your character has been tampered with.
Zing!
Now take the logic further. Apply it to all those that think that hitting children to make them compliant builds character. Not so. Warps character. Turns children into terrorists (or adults that think that terror/torture builds character i.e. terrorists).
It causes brain damage, drifter. I don't think you could stand to lose any more brain cells, do you?
This guy as well as most of the "Bushies" suck!!!
Can we please drop the "simulated drowning" euphemism? This TORTURE "technique" causes the lungs to fill with water until the victim begins to suffocate. There's nothing "simulated" about it - you're literally drowning. It's more like a "controlled drowning".
This euphemism is intentionally misleading. I just had to explain this to a friend yesterday.
Once I learned that Bybee is Mormon it all fell into place. Mormons robbed me of my citizenship rights in California by spreading lies and funding Prop 8. Now families face being torn asunder, thanks to the homophobia and bigotry espoused by Mormons. Of course Bybee was instrumental in defining the techniques of torture -- as a Mormon he is an expert at stripping people of their identities and human rights.
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I'm a Mormon, and I couldn't disagree more with Bybee. There are plenty like me. And I voted against Arizona's same-sex marriage ban. How well does that 'fall into place' for you?
Please don't ascribe to me what others who share my religion might have done -- that sounds an awful lot like stripping me of my identity. I certainly wouldn't do it to you, and I do what I can to help other Mormons see it the same way.
Your religion says it - who cares what you think? You don't make policy for the mormon church. You don't have to believe it - because you're on the roles, your church USES you as a number. Do you give money to your church? Then you hate gays. Can't have it both ways.
Your religion strips you of your identity - you need a sky daddy so badly that even though your religion is hurtful and hateful, you're still a member. And you're willing to let yourself be used by your church.
Your religion also says that black people are black because of the devil, and that the garden or edan was in Missouri.
Like all religions, mormons are supposed to believe EVERYTHING that their religion preaches. If you don't, you are not a true mormon (that's according to YOUR church).
Take some science classes, realize that your god is just a rehashed story of other, more interesting myths, and you don't have to belong to a racist, sexist, anti-gay religion.
It's not simulated drowning Jeremy, during "waterboarding", you are drowning..!
I grew up in the 60' and 70's and I'm old enough to remember when the U.S. was widely and irrefutably admired for it's respect for the rule of law. My dad and uncles used to always praise this country. I also remember when the vast majority of corporations were united in their effort to be one with the community from where it's workers came from , often sponsoring little league clothing and equipment, 5k jog/races, parks, pageants, etc. Often, they would take a company vehicle to the local gas/mechanic station for some lube and wax job and then leave the vehicle there over the weekend to advertise to the community that they were part of it. NO MORE. I work for a top-ten Fortune 500 company and I've NEVER seen it take part in the community, though it's first in line to claim credit for donations by employees in blood, United Way, etc. And the sad thing is, that today's 40 and younger crowd don't know about the obligations, that's right, OBLIGATIONS, corporations must do in helping those who gave it life to begin with. To exist, corporations must ask the state (that's us) for permission and a license to exist, before doing business. With the dollar no longer the reserve mony that the world uses to bet against economic trouble, I'm afraid the right (and those who voted for them) has squandered the great country this used to be.
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