ACT: Torture Memo Author Should Not Be a Federal Judge, Impeach Bybee
Voters for Peace is joining in the call for impeachment of Judge Jay Bybee of the 9th Circuit Court of Appeals. Bybee was the primary author of legal memoranda justifying torture during the Bush administration. When he was confirmed for the federal bench this information was not known, in fact it was denied by many. But now that it is known, how can he remain a judge in the U.S. federal courts? His lifetime appointment will continue the legacy of torture under President Bush, rather than put it behind us.
Please write your representative in Congress urging his impeachment. Click here to take action now.
Torture violates U.S. law: Section 2340A of title 18 of the U.S. Code says this: "Whoever outside the United States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life."
And, torture violates international treaties to which the U.S. has agreed to follow. The Convention Against Torture requires criminal prosecution of "an act by any person which constitutes complicity or participation in torture" or in "cruel, inhuman or degrading treatment or punishment." And the Geneva Conventions ban "violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture," as well as "outrages upon personal dignity, in particular humiliating and degrading treatment."
The purpose of the Bybee Memos was to provide legal cover for American torturers. To allow the "just following orders defense" and to be able to point to these absurd memos to demonstrate the orders were lawful. Everyone involved knew they were torturing, knew they were inflicting pain, knew they were violating the law. Rather than first focusing on those at the bottom of the torture totem poll, removing Bybee from the bench would be a good first step.
As David Swanson, a Project Board Member of Voters for Peace wrote:
"Just take a look at the memos officially attributed to Bybee, and consider whether we can maintain any sort of legitimate government without impeaching him, and whether we want him overruling decent honest judges for the next 30 years. Bybee gave President Bush, upon request, "legal opinions" that a president can ignore international laws, that laws do not apply to various groups of people, that a president can kidnap, detain, and ship off to other lands human beings with no due process, and that Congress has no power to interfere with anything a president does."
How can the United States put this torture history behind us if we do not take the essential action of removing Judge Bybee from the bench? His actions constitute war crimes. Please act now and urge Congress to impeach Judge Bybee. Click here to write your representative to urge impeachment of Judge Bybee.
Sincerely,
Kevin Zeese
Executive Director
More information:
The Torture Memos, Pro Publico
New York Times Calls for Impeachment of Judge Bybee
Impeach Jay Bybee, Bruce Ackerman, Slate
Waterboarding Used 266 Times on 2 Suspects
Eric Holder v. America's legal obligations
A Dark Day for Justice, Jeremy Scahill, Rebel Reports
No charges against CIA officials for waterboarding, Devlin Barrett, Associated Press
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