By Caitlin Taylor

Apr 28, 2009 9:47am

Democrats Pushing Bybee Impeachment, Special Prosecutors

In the next day or so, House Judiciary Committee Chairman John Conyers, D-Mich., and Rep. Jerold Nadler, D-NY, chair of the subcommittee on Constitution, Civil Rights, and Civil Liberties, are expected to formally request that Attorney General Eric Holder appoint a special prosecutor to investigate Bush-era detainee policy.

Nadler has had some comments about 9th Circuit Court of Appeals Judge Jay Bybee, a former official of the Bush Justice Department who wrote one of the controversial memos outlining legal justifications for harsh interrogation methods that officials of the International Committee of the Red Cross call torture.

"He ought to be impeached," Nadler told the Huffington Post "It was not an honest legal memo. It was an instruction manual on how to break the law."

The Conyers and Nadler request will come just a few days after one of the co-chairs of President Obama’s transition team, John Podesta, wrote to Conyers requesting that he "consider" holding impeachment hearings against Bybee, "should he decide not to voluntarily resign. As you are well aware, Judge Bybee is the only architect of the Bush administration’s torture program to currently hold public office."

Podesta spoke about the matter on Sunday on CNN:

"He’s acting and listening to cases, making judgments of others, and we know he authorized things that were illegal under U.S. law and violated the U.S. obligations under international treaties," Podesta said. "If he would do the right thing, he should just simply resign. If he doesn’t, I think this is one matter where he continues to sit — he doesn’t have the moral or legal authority to continue to do that. And I think a simple matter would be to remove him from office."

- jpt

User Comments

Yes, let’s have a Truth Commission.
What did Speaker Nancy Pelosi know about enhanced interrogation….and when did she know it??
Answers: everything and 2002.

Posted by: carl | April 28, 2009, 9:53 am 9:53 am

Look at the Far right Wing nuts Trying to Place the Blame the Torture on the Democrats Meanwhile BUSH Was A Republican, Congress REPUBLICAN And Democrats had no Power LAUGHABLE!You Just wont give up will ya?

Posted by: Angie in Pa | April 28, 2009, 10:12 am 10:12 am

This is a really stupid path to follow. Collosally stupid. It will put Pelosi, Graham, Rockefeller and Harman under the microscope. Pelosi’s amnesia will be hilarious under oath.
Congress’ refusal to brand waterboarding as torture will make the entire Congress at the time co-conspirators.
And then Obama will be investigated for his banking transgressions. Nothing Congress has authorized allows Obama to screw with banks. Then Obama will be looking at indictments for denying rights to detainees at Bagram.
Yes, this is truly a stupid thing to do.

Posted by: drjohn | April 28, 2009, 10:14 am 10:14 am

Not unreasonable that Congress does its oversight job. As much as Republicans contort to somehow blame this – to blame EVERYTHING actually – on Democrats, writing the rationale supporting torture is a VERY different thing than trusting the Executive Branch’s morals too much during a period of war.

Posted by: jhw539 | April 28, 2009, 10:16 am 10:16 am

drjohn:”This is a really stupid path to follow. Collosally stupid. It will put Pelosi, Graham, Rockefeller and Harman under the microscope. ”
Do it. Democrats aren’t afraid of this ‘exposure.’ Wonder why that is?

Posted by: jhw539 | April 28, 2009, 10:18 am 10:18 am

And so the end of our peaceful democracy begins…Let the democrats remember, when the Republicans eventually retake power and begin to seek retribution for the political assasinations of their bretheren under the prior democratic regime, that they fired the first shots.

Posted by: ProtectFreedom | April 28, 2009, 10:22 am 10:22 am

My Question is If No Laws were Broke and The Torture was Legal and noone Commited War Crimes why are the Republicans trying to Place Blame on Democrats? why Are Republicans Like John Mccain saying Let it Go why oh why If The Republicans Are Innocent then why are they in a Frenzy they should Welcome the Investigation no?

Posted by: Angie in Pa | April 28, 2009, 10:23 am 10:23 am

What will really drive the Limbaugh-Lovers and right-wing haters nuts is the fact that President Obama’s job approval ratings remain colossally high.
Read ‘em and weep,

Posted by: EdDoc80 | April 28, 2009, 10:27 am 10:27 am

My Question is If No Laws were Broke and The Torture was Legal and noone Commited War Crimes why are the Republicans trying to Place Blame on Democrats?
*******************************
My question is if it’s “legal” why did they need legal cover from Justice Dept.?

Posted by: Enough | April 28, 2009, 10:30 am 10:30 am

ProtectFreedom:”And so the end of our peaceful democracy begins…Let the democrats remember … that they fired the first shots.”
Rewriting history isn’t quite that easy. The record CLEARLY shows Republicans starting this one with one Mr. Kenneth Starr who saw fit to impeach a president for adultery. Also note the outpouring of support for Osama Bin Laden from Republicans in Congress at that time, who literally took to the floors of Congress to condemn Clinton’s clumsy but sincere attempt to kill Bin Laden as “Monica Missiles.”

Posted by: jhw539 | April 28, 2009, 10:31 am 10:31 am

Hello?
We don’t have a director of the Center for Disease Control (CDC), Surgeon Genera,l or a Secretary of Health and Human Services in place yet, not to mention the dozens of staff members who would come with a new Secretary. Just look back at Hillary Clinton’s transition into the Secretary of State’s office. Not only was she herself prepared and ready to work on Day One, she also had major and key staff members already in place on her first day in office.

Posted by: HELLO??? | April 28, 2009, 10:32 am 10:32 am

Sure – impeach him – right after you impeach President Obama for murdering 3 Somali teenagers. After all responsibility starts at the top.
Bring it on!

Posted by: Plumber | April 28, 2009, 10:36 am 10:36 am

John Podesta will push for whatever his benefactor George Soros tells him to push for.
The truly most awesome thing would be if Obama did appoint a council to investigate the “torture”, and John Conyers could get his wife Monica on it.
THAT would be some fun.

Posted by: MayBee | April 28, 2009, 10:37 am 10:37 am

“We don’t have a director of the Center for Disease Control (CDC), Surgeon Genera,l or a Secretary of Health and Human Services in place yet, not to mention the dozens of staff members who would come with a new Secretary.”
So write your Republican Congressman and ask them why they are holding up these nominations..

Posted by: Paige | April 28, 2009, 10:38 am 10:38 am

“So write your Republican Congressman and ask them why they are holding up these nominations..”
You guys are funny.
What exactly does Sibelius know about epidemiology? What arfe her qualifications other than nearly bankrupting Kansas and being wildly pro-abortion?
I do not understand why Democrats think abortion is the answer to everything.

Posted by: drjohn | April 28, 2009, 10:44 am 10:44 am

jhw539 you have to be joking yes? Both sides of the aisle will fall hard if the whole affair is investgated. Partinship will mean nothing as it was a Democratic congress that approved the techniques used. Please think out your thoughts and comments since your leaving the door wide open for those that actually follow and retain the factual evidence.

Posted by: Fedup | April 28, 2009, 10:44 am 10:44 am

“So write your Republican Congressman and ask them why they are holding up these nominations….”
No, here is why we do not have a Secretary of Health and Human Services yet. She lied in disclosing her campaign contributions.
“President Obama’s nominee for health secretary received nearly three times as much political money from a controversial abortion doctor as she had told senators,” the Associated Press is reporting, noting that this marks “the second time in her confirmation process” that Gov. Kathleen Sibelius (D-Kansas) “had to explain a financial oversight” to the Senate Finance Committee.
Sibelius’s need to correct “three years’ worth of tax returns” and to pay “more than $7,000 in back taxes to fix improper deductions” was the first “oversight” the Kansas governor had to correct.

Posted by: Another Day, Another Crooked Obama Nominee | April 28, 2009, 10:47 am 10:47 am

Bybee wrote the “how to break the law” cover memo for the Bush Crime Family. Now the anti-Government, pro-torture party wants to protect him. Hmmm? Wonder why?

Posted by: thebob.bob | April 28, 2009, 10:51 am 10:51 am

The so-called Commission on Accountability which mysteriously appeared on the political scene a few days ago to push for show trials related to War on Terror interrogation policies is a PR hoax created by every liberals’ favorite hedge fund manager and philanthropist George Soros and political operatives sympathetic to the Obama administration.
The push is part of a vindictive campaign to pay back the architects of the War on Terror for making a good faith effort to defend America.
But the Napoleonic plotter Charles Maurice de Talleyrand’s eternal aphorism that treason is a matter of dates is not lost on today’s left, which, having recaptured the White House and Congress, now wants to pay back the architects of the War on Terror for daring to defend America from Islamist totalitarians.
Alas, this spanking new David Axelrod-style astroturf group was manufactured by Soros himself and Obama loyalists.

Posted by: George Soros, Puppet Master | April 28, 2009, 10:55 am 10:55 am

There should be complete Truth Commission on issues regarding treatment of terror detainees – lets start with Clinton Renditions and the briefings that the CIA gave to Congress. Either do it all or do nothing.

Posted by: jamescbuilder | April 28, 2009, 10:59 am 10:59 am

jamescbuilder:”lets start with Clinton Renditions and the briefings that the CIA gave to Congress. Either do it all or do nothing. ”
Classic obstruction tactic. Yeah, lets start where the Iran-Contra hearings left off. Do it all, or do nothing right?

Posted by: jhw539 | April 28, 2009, 11:00 am 11:00 am

Fedup:”Partinship will mean nothing as it was a Democratic congress that approved the techniques used. Please think out your thoughts and comments since your leaving the door wide open for those that actually follow and retain the factual evidence.”
I stand by my original comment. The FACT is that Democrats are calling for these investigations. Not Republicans. I find that an interesting FACT.
It is not at all clear how much the Democratic Congress approved these tactics. Why is it Democrats are willing to have this investigated while Republicans are incensed at the suggestion?
Please supply some factual evidence that refute my ACTUAL COMMENT (that would mean showing Republicans pushing as hard as Democrats for investigations).

Posted by: jhw539 | April 28, 2009, 11:06 am 11:06 am

JWH-539 – You don’t think all the facts should come out or just the ones to support the dem. agenda. Congress knew of the EIT methods – whether they were right or not. I can’t wait hear pelosi under otath. Remember, she said she was not aware of the tactics used.

Posted by: jamescbuilder | April 28, 2009, 11:09 am 11:09 am

No, here is why we do not have a Secretary of Health and Human Services yet. She lied in disclosing her campaign contributions.
++++++++++++++++++++
No – The right-wing extremist the Republicans cower around have struck again. Sebelius is pro-choice. So if you happen to be in a city or school district on heightened alert because you have actual confirmed cases of swine flu in your area – just remember, the right wingers made the HHS nomination about abortion….
“Before Sebelius vetoed the abortion bill last week, she was probably headed toward confirmation with a vote in the high-70s” out of 99, one GOP Senate source told me. “Now that she’s vetoed that, she might be confirmed in the low seventies.” Another aide agreed, suggesting that there would probably be at least 25 Republicans in opposition, but no guarantees beyond that.
A Friday article in CQ Today suggested that Republicans, unable or unwilling to fight any of the more significant nominations, have concentrated instead on fighting the appointment of Dawn Johnsen to head the Justice Department’s Office of Legal Counsel. Even Johnsen, former counsel for the National Abortion Rights Action League, is not being fought by lawmakers primarily over abortion, but over national security.” (NRO)

Posted by: Paige | April 28, 2009, 11:12 am 11:12 am

The Conyers and Nadler request will come just a few days after one of the co-chairs of President Obama’s transition team, John Podesta, wrote to Conyers requesting that he “consider” holding impeachment hearings against Bybee, “should he decide not to voluntarily resign. As you are well aware, Judge Bybee is the only architect of the Bush administration’s torture program to currently hold public office.”
OK, so they get him out, why? Of course, so they can have one of their own in his place, perhaps?

Posted by: Maria | April 28, 2009, 11:12 am 11:12 am

“I stand by my original comment. The FACT is that Democrats are calling for these investigations. Not Republicans. I find that an interesting FACT.”
Let’s have them. If you go hunting for bear, you best be ready to catch a bear.
Congress is notoriously stupid and ignorant. It would rue the day they began such a vendetta.
It will cut both ways and Obama will pay for his own crimes one day.

Posted by: drjohn | April 28, 2009, 11:15 am 11:15 am

jamescbuilder:”You don’t think all the facts should come out or just the ones to support the dem. agenda. ”
I think all the facts should come out. Currently, that is a ‘Democratic’ position – why isn’t it bipartisan?
I was agreeing that a ‘truth commission’ should look at Congress too. Our country tortured people, which is morally reprehensible. It appears to have done so outside the bounds of our Constitutional checks, which is frightening. If some Democrats were complicit, define how much and get them out. The party will be stronger in the long run if it shows the ability to pare it’s own deadwood – an ability Republicans (and the bloated Dems of the early 90′s) blatantly lacked. Without an investigation it leaves everything murky, does not have adequate deterrent to the future, and yes – in my opinion, it helps Republicans since their base seems to get fired up by unproven conspiracy theories that thrive in secrecy.

Posted by: jhw539 | April 28, 2009, 11:16 am 11:16 am

jwc539: You have a short timeline. Why don’t look back to the Reagan nomination of Clarence Thomas to the Supreme Court, where partisan, racist lying democrats (sorry if I am repetitive) threw hysterical temper tantrums in a disgusting attempt to taint both the president and the nominee? Sorry, but the democrats long ago became dominated by the Me-me-me, myopic self absorbed 1960s left, hell bent on the destruction of our peaceful republic. This mess: the lack of cohesion in our nation, the ad hominem attacks in lieu of substantive debate, the increasingly vitriolic dialog between right and left and now the descent into “Banana Republic”-ism is the democrats legacy to the nation.

Posted by: ProtectFreedom | April 28, 2009, 11:21 am 11:21 am

From President Reagan’s signing statement ratifying the UN Convention on Torture from 1984:
“The United States participated actively and effectively in the negotiation of the Convention. It marks a significant step in the development during this century of international measures against torture and other inhuman treatment or punishment. Ratification of the Convention by the United States will clearly express United States opposition to torture, an abhorrent practice unfortunately still prevalent in the world today.
The core provisions of the Convention establish a regime for international cooperation in the criminal prosecution of torturers relying on so-called ‘universal jurisdiction.’ Each State Party is required either to prosecute torturers who are found in its territory or to extradite them to other countries for prosecution.”

Posted by: Enough | April 28, 2009, 11:24 am 11:24 am

if a sitting federal judge wrote the torture memorandum and rendered a philosophy which authorized illegal acts he should be impeached. this goes into the architecture of a policy which violated US and international law and broke international treaty agreements. this isn’t about abortion or taxes. it is about whether federal judges can write up judicial philosophies for the executive branch which are knowingly unconstitutional. Bye-bye, Bybee.

Posted by: Paul Wall | April 28, 2009, 11:27 am 11:27 am

ProtectFreedom:”Why don’t look back to the Reagan nomination of Clarence Thomas to the Supreme Court, where partisan, racist lying democrats (sorry if I am repetitive) threw hysterical temper tantrums in a disgusting attempt to taint both the president and the nominee? ”
Such baseless attacks against a nominee are not new, nor what I thought we were discussing. The use of special investigators for potentially partisan reasons, a tactic pioneered by the Republicans investigating Clinton, culminating in the most embarrassingly pointless impeachment in our history.

Posted by: jhw539 | April 28, 2009, 11:30 am 11:30 am

jwc539:
Your timeline is too short. Why not look even further to the Reagan nomination of Clarence Thomas to the Supreme Court when the left had hyterical fits, tinged with racism, in a disgusting attempt to taint both candidate and the President. The history is clear, the current mess we face: lack of cohesion in our nation, increasingly vitriolic debate between left and right, and now our descent into “Banana Republic”-ism, is the greatest legacy of the democrat party.

Posted by: ProtectFreedom | April 28, 2009, 11:30 am 11:30 am

The FACT is that Democrats are calling for these investigations. Not Republicans. I find that an interesting FACT.
____________________________________
“We need to look at to make sure exactly what happened is known to the public and to deter any future president from doing like behavior, if it was wrong. In that regard, if we can do it in a bipartisan fashion, I think that’s what we should do. Every American benefits when you can control X abuse of power. If this was an abuse of power, then we need to know about it.”
L. Graham (R-SC)

Posted by: Paige | April 28, 2009, 11:32 am 11:32 am

Clinton sent prisoners to be tortured in egypt and morocco.
You don’t hear democrats calling for those renditions to be prosecuted.
In fact Obama made Panetta then clinton chief of staff his cia director.
Panetta was involved in sending prisoners to be tortured. Lets prosecute him then.
What about John Brennan Obama’s top terrorism advisor who worked under George Tenet at the CIA.
This hypocricy is breathtaking but that is what happens when illegal immigration makes this a one party country. There are no red lines democrats won’t cross.

Posted by: Seth | April 28, 2009, 11:33 am 11:33 am

JWC539: My point was not so narrowly drawn. The fact is this judge is being attacked for purely partisan political gain by the left. If this proceeds, expect retaliation by the minority party in the future. Look around you — this vendictive behaviour is what one expects out of Russia, Africa or parts of Central America. Peaceful transitions of power are our hallmark, and you violate it at the peril of the Republic itself. Get a clue.

Posted by: ProtectFreedom | April 28, 2009, 11:34 am 11:34 am

Paige:”In that regard, if we can do it in a bipartisan fashion, I think that’s what we should do…”
Excellent! He’s a senator – where can I find his bill or formal request? I’m interested in more than just hot air, but an actual procedural movement towards walking the talk – like the Democrats are doing.
Everyone – Democrat or Republican – call your Congress critter and insist on a full, open investigation. This is our country, this is bipartisan, lets get it ALL out on the table.

Posted by: jhw539 | April 28, 2009, 11:37 am 11:37 am

Eric Holder was deputy AG when Clinton was sending prisoners to be tortured in egypt.
Dems are flexing their muscles thanks to the huge influx of illegal immigration from mexico and central america.
Democrats will be in power forever as the children of illegal immigrants from mexico and central america are firmly in obama and the dems camps.
Napalitano and Obama cancelled a raid against illegals working at military production plant.
Obama said ICE agents were terrorizing illegals.
Obama won’t complete the border fence.
Obama wants in state tuition and affirative action for illegals.
Obama’s america will have illegals as the majority and they will still get affirmative action privileges even though they will be in the top powers of government.
Our politics from illegal immigration are going the way of hugo chavez’s venezuela.

Posted by: Seth | April 28, 2009, 11:38 am 11:38 am

The FACT is that Democrats are calling for these investigations. Not Republicans. I find that an interesting FACT.
_______________________
Interesting isn’t drjohn? Those quotes aren’t from this investigation – just the Republicans wanting a Congressional investigation of Clinton into the Marc Rich pardon and those abuses didn’t even violate the Geneva Convention or UN Convention Against Torture.

Posted by: Paige | April 28, 2009, 11:39 am 11:39 am

it must be hard to say “Me-me-me, myopic self absorbed 1960s left, hell bent on the destruction of our peaceful republic” and then talk about “ad hominem attacks” instead of “substantive debate.” do you see any irony in your vitriolic statement? i’m not arguing that there isn’t substantive debate because of one party or the other. perhaps both are responsible? your partisan, ad hominem attack on democrats makes your argument disingenuous at best and grossly hippocritical at worst.

Posted by: Paul Wall | April 28, 2009, 11:39 am 11:39 am

I wholeheartedly agree with JWH539, provided that the investigation is not artificially limited to the activities of the Bush administration. As a democratic people we are entitled to know what Clinto and Obama have done in our name as well.
Either that, or shut the whole investigation business down. This is one area in which we must act in a truly bipartisan manner, or not at all.

Posted by: Fascist Hyena | April 28, 2009, 11:40 am 11:40 am

JWH-539 – I respect your commnets on torture and agree – but “I think all the facts should come out. Currently, this is a “Democratic” postion… Well then why did the Obama adminsitration only release portions of the memos, why not all the memos and all the content, why then does not the Democratic controlled congress release the minutes of the itelligence breifings and who was there and what was discusses. Yes, it should be bi-partisan and last time I looked those in power to do this are Democrats.

Posted by: jamescbuilder | April 28, 2009, 11:41 am 11:41 am

ProtectFreedom: “The fact is this judge is being attacked for purely partisan political gain by the left. If this proceeds, expect retaliation by the minority party in the future. ”
That is your opinion. There is a strong argument that he produced a falsified analysis of law under political pressure, which would be textbook ground for impeachment.
And how would the minority party retaliate more than they already are? It is already assumed that it takes a vote of 60 in the Senate to pass something – once upon a time, the filibuster was rare, not used on every single bill. The filibuster rate doubled in the Senate when the Democrats regained the majority.

Posted by: jhw539 | April 28, 2009, 11:44 am 11:44 am

Lets prosecute Obama for drone bombings in pakistan.
Obama’s nominee for OLC said the bombings in pakistan were illegal.
Technically that is illegal since only congress can declare war and war has never been declared against pakistan.
Lets show the kids and elderly with missing limbs.
This is what happens in a banana republic you prosecute your opponents.
When you prosecute policies you open up a pandora’s box.
But dems can do that since they will never be out of power. Because if it wasn’t for the illegal immigration dems could fear that one day a republican would prosecute obama for crimes against humanity in bombings in pakistan.
You need a balance and that is now gone because of the demographic changes.
Bush administration never looked back to prosecute clinton. Clinton didn’t look back to prosecute bush or reagan. But Obama is breaking this mold because he knows this is a one party nation now and dems can prosecute their opponents while he gets off for illegal activitiy.
So if everything is to be done to the letter of the law then we need a special prosecutor to investigate obama and to impeach obama.

Posted by: Seth | April 28, 2009, 11:45 am 11:45 am

jamescbuilder:”Yes, it should be bi-partisan and last time I looked those in power to do this are Democrats.”
Democrats cannot do it without Republican support. It is politically nonviable if it does not have true bipartisan support. Everyone in a red state, call your congressman. The Republicans are in an unique position to own this issue since many of their own will be mowed down in the process.
Conveniently, most of the Republicans in the sights of such a committee are out of power (unless you do drag it back into the Clinton era, which would provide excellent cover for current Democrats but be a bit pointless), so this could be the catharsis that returns the Republicans to relevancy.

Posted by: jhw539 | April 28, 2009, 11:49 am 11:49 am

It takes both sides of the aisle. Dems and Repubs both have a hand in this mess. and this is a very dangerous precedent. It could come back to the current administration as well.

Posted by: mj | April 28, 2009, 11:50 am 11:50 am

Fascist Hyena—”This is one area in which we must act in a truly bipartisan manner, or not at all.” i agree with you completely. i think fairness and transparency is essential. as a democrat i would demand that any kind of commission look into both parties equally. extraordinary rendition is a pseudo-legal concept that makes me ill. certainly Clinton-era officials are as complicit as Bush-era officials are. and the current administration should be transparent in this area. if there is going to be an “executive privilege” arguement all administrations should be able to use it.

Posted by: Paul Wall | April 28, 2009, 11:52 am 11:52 am

“Technically that is illegal since only congress can declare war and war has never been declared against pakistan.”
You know as well as we all do that the Obama administration has never launched air strikes of any kind against Pakistan.

Posted by: Skip | April 28, 2009, 11:57 am 11:57 am

mj—you make an excellent point. this has to be bi-partisan; prosecutors must come from both parties or be agreed on by both parties. and this president must be held to the same standards as other presidents. those of us who are democrats absolutely must expect this process to be truly bi-partisan. it must be a fair process.

Posted by: Paul Wall | April 28, 2009, 12:09 pm 12:09 pm

“You know as well as we all do that the Obama administration has never launched air strikes of any kind against Pakistan.”
Hellfire missiles don’t count as a attack?

Posted by: drjohn | April 28, 2009, 12:11 pm 12:11 pm

UK Times, January 23, 2009:
“Missiles fired from suspected US drones killed at least 15 people inside Pakistan today, the first such strikes since Barack Obama became president and a clear sign that the controversial military policy begun by George W Bush has not changed.
“Security officials said the strikes, which saw up to five missiles slam into houses in separate villages, killed seven ‘foreigners’ – a term that usually means al-Qaeda – but locals also said that three children lost their lives.”
Instead of denying that he’s doing it, please tell us on what basis you think he is not committing simple murder, if not war crimes.

Posted by: Fascist Hyena | April 28, 2009, 12:11 pm 12:11 pm

Well ol’ Nancy better start packin her bags to, cause she knew as much as anyone, and if she is not prosecuted along with the others, then Barry will once again prove what a lying socialst he is….but it shouldn’t be a surprise…look at all the tax evaders he let slide…right into his administration…what a pathetic excuse for a “leader” he is…thank goodness I am retired from the Armed Forces so I no longer have to “serve” his idoitic practices…

Posted by: Concerned American 20 | April 28, 2009, 12:12 pm 12:12 pm

“Those quotes aren’t from this investigation – just the Republicans wanting a Congressional investigation of Clinton into the Marc Rich pardon and those abuses didn’t even violate the Geneva Convention or UN Convention Against Torture.”
Did we get that investigation? We actually don’t know what wwas violated.

Posted by: drjohn | April 28, 2009, 12:12 pm 12:12 pm

“There is a strong argument that he produced a falsified analysis of law…”
Simply not possible to convict criminally on such a theory. Impeachment is an entirely different matter; as Gerald Ford famously said, “an impeachable offense is whatever the House says it is.”

Posted by: Fascist Hyena | April 28, 2009, 12:14 pm 12:14 pm

Instead of denying that he’s doing it..
_________________________________
Obama campaigned on it! Where did he “deny” it?
I remember him calling McCain out on his statement of he’ll follow bin Laden to the ‘gates of hell” but not the ungoverned areas of northern Pakistan.
“Obama said if elected in November 2008 he would be willing to attack inside Pakistan with or without approval from the Pakistani government, a move that would likely cause anxiety in the already troubled region.
“If we have actionable intelligence about high-value terrorist targets and President Musharraf won’t act, we will,” Obama said.” (Reuters)

Posted by: Paige | April 28, 2009, 12:17 pm 12:17 pm

“Pakistan drone attacks to intensify, Obama officials say
“On Tuesday, Pakistani leaders reportedly rebuked visiting US officials over the airstrikes, which have prompted violent responses from militants.
By David Montero
“April 08, 2009 at 9:00 am EST
senior US officials said Monday that the US intended to step up its use of drones to strike militants in Pakistan’s tribal areas and might extend them to a different sanctuary deeper inside the country, reports The New York Times.
“Officials are also proposing to broaden the missile strikes to Baluchistan, south of the tribal areas, unless Pakistan manages to reduce the incursion of militants there….”
–Christian Science Monitor

Posted by: Fascist Hyena | April 28, 2009, 12:20 pm 12:20 pm

The strikes are against al-Qaeda not Pakistan. If he didn’t aggressively attack al-Qaeda you guys would be the first to criticize him for being soft on terror.

Posted by: Skip | April 28, 2009, 12:22 pm 12:22 pm

What law would the justice department prosecute Bybee under? If he committed no crime then what grounds does congress have to impeach him? Congress should take a look at themselves first as they were the ones briefed on the interrogations from the beginning and they are the ones that approved and encouraged them.

Posted by: Jason | April 28, 2009, 12:23 pm 12:23 pm

If an investigation is to occur, we will need to see Nancy Pelosi, Jay Rockefeller and Porter Goss, among others, under oath and subject to cross-examination and, where appropriate, prosecution for perjury. We will need to see any and all CIA notes of briefings of these people.
And if the investigation involves either the Clinton or Obama administrations, or both, then a Special Counsel will indeed be required.

Posted by: Fascist Hyena | April 28, 2009, 12:23 pm 12:23 pm

Fascist Hyena – You conveniently left this part out from the UK Times article -
“Eight people died when missiles hit a compound near Mir Ali, an al-Qaeda hub in Pakistan’s North Waziristan region. Seven more died when hours later two missiles hit a house in Wana, in South Waziristan. Local officials said the target in Wana was a guest house owned by a pro-Taleban tribesman. One said that as well as three children, the tribesman’s relatives were killed in the blast.”

Posted by: Paige | April 28, 2009, 12:24 pm 12:24 pm

“The strikes are against al-Qaeda not Pakistan.”
They are unquestionably killing civilians. In any event, under what authority is he launching these strikes, and why are they not criminal acts?

Posted by: Fascist Hyena | April 28, 2009, 12:25 pm 12:25 pm

Why do people keep bringing up the Geneva convention? Is Al-Qaeda or any other terrorist organization a signatory?

Posted by: Jason | April 28, 2009, 12:26 pm 12:26 pm

Enough…What is Torture: The Convention defines torture as, severe pain or suffering, whether physical or mental; is intentionally inflicted on a person for such purposes as….
Part of an Initial Report the United States submitted to the Committee against torture in 1999: Although there is not federal law criminalizing torture per sa, any act falling within the Convention’s DEFINITION of torture is clearly illegal and prosecutable everywhere in the country, for example as an assault or battery, murder or manslaughter, kidnapping or abduction, false arrest or imprisonment, sexual abuse, or violation of civil rights.
Key is how would you define torture…From the pictures, I am of the opinion that these acts are no more serious than “frat” pranks…Perhaps if it were any other President, that is a Democratic President, the left-wing of the party would remain silent and this would be considered an non-issue…Maybe that is why Obama is not pursuing the matter..It’s just not valid.. he would lose or many democrats would be outed..

Posted by: Parallax View | April 28, 2009, 12:28 pm 12:28 pm

“Friday, April 10, 2009
By Amir Mir
“LAHORE: Of the 60 cross-border predator strikes carried out by the Afghanistan-based American drones in Pakistan between January 14, 2006 and April 8, 2009, only 10 were able to hit their actual targets, killing 14 wanted al-Qaeda leaders, besides perishing 687 innocent Pakistani civilians. The success percentage of the US predator strikes thus comes to not more than six per cent.”
What is the president’s authority for this killing?

Posted by: Fascist Hyena | April 28, 2009, 12:29 pm 12:29 pm

Fascist Hyena – You conveniently left this out from the NY Times article:
“In Pakistan, the extensive missile strikes have been limited to the tribal areas, and authorities say they have killed 9 of the top 20 Qaeda leaders. American officials say the missile strikes have forced some Taliban and Qaeda leaders to flee south toward Quetta, a city in the province of Baluchistan, which abuts the parts of southern Afghanistan where recent fighting has been the fiercest.”

Posted by: Paige | April 28, 2009, 12:30 pm 12:30 pm

“They are unquestionably killing civilians.”
There is almost always going to be collateral damage in armed conflict. Are you advocating calling off the war on terror?

Posted by: Skip | April 28, 2009, 12:32 pm 12:32 pm

Here is the text of the October, 2002 AUMF:
“IN GENERAL- That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.”
Is there any evidence at all that anyone killed by these drone attacks is as described in that document? If so, how did the president make that determination before ordering their assassinations and the resultant deaths of civilians?

Posted by: Fascist Hyena | April 28, 2009, 12:34 pm 12:34 pm

Fascist Hyena – The civilian body count in Iraq is estimated to be 100,000. We were told Al Qaeda was in Iraq as well as WMD’s.
Now we are killing actual Al Qaeda members and the Taliban and you are suddenly outraged over three of the terrorist children who lost their lives.
I do feel bad for those kids – my point is not them rather your hypocrisy.

Posted by: Paige | April 28, 2009, 12:35 pm 12:35 pm

“Are you advocating calling off the war on terror?”
You seem to be a little out of date. The Obama administration does not acknowledge that there is a war on terror, and declines to use that term to describe whatever it is that it’s doing.
No, I don’t want to call it off–I just want it to be carried out lawfully. Those who carry it out unlawfully should be brought to justice, right?

Posted by: Fascist Hyena | April 28, 2009, 12:36 pm 12:36 pm

“…you are suddenly outraged over three of the terrorist children who lost their lives.”
I’m not outraged at all. I’m simply pointing out the rank hypocrisy of those whose outrage is reserved for acts taken by Bush, and who are acquiescent when the identical acts are taken by Obama. I’d like to see Obama continue with the enhanced interrogations, but he won’t. On the other hand, he and his supporters appear to be quite comfortable with unlawful airstrikes causing large-scale innocent deaths in Pakistan.

Posted by: Fascist Hyena | April 28, 2009, 12:39 pm 12:39 pm

“We were told Al Qaeda was in Iraq as well as WMD’s.”
Two successive presidents and a great mob of Democratic congressmen told us the exact same thing with respect to WMS, and I will quote them ad nauseum if you like.
We were told that there had been high-level contacts, but no operational relationship, between Al Qaeda and Iraq, and that was true.

Posted by: Fascist Hyena | April 28, 2009, 12:41 pm 12:41 pm

Released by the US Armed Services Committee:
The report says that the DOD was using harsh interrogation techniques long before they were “justified” by Justice Department lawyers and approved by their Bush Administration superiors.
The report quotes a former senior U.S. intelligence official and a former Army psychiatrist as saying that the Bush administration put “relentless pressure” on interrogators to use harsh methods on detainees in part to find evidence an Al Queda-Saddam link.
This kind of information would have provided a foundation for one of former President George W. Bush’s main arguments for invading Iraq in 2003, the report says. No evidence has ever been found of operational ties between Osama bin Laden’s terrorist network and Saddam’s regime.

Posted by: Paige | April 28, 2009, 12:51 pm 12:51 pm

“You seem to be a little out of date. The Obama administration does not acknowledge that there is a war on terror, and declines to use that term to describe whatever it is that it’s doing.”
I have to admit that I’m not that interested in what terminology this administration finds fashionable and to your credit you acknowledged that you know exactly what I’m talking about.
Whether or not most people will find the legality of torture completely analogous to the legality of air strikes against al Qaeda in Pakistan is one matter, but claiming that Obama is actually attacking Pakistan is ridiculous.

Posted by: Skip | April 28, 2009, 12:52 pm 12:52 pm

WEll, let’s simplify this and just send Bush, Cheney, Rummie and Connie et al to Geneva to stand trial and let the world court that we created make the decision: did they or did they not violate international laws? Are they guilty of crimes against humanity? Did they lie and fabricate false information to justify the invasion of Iraq?
We don’t need to decide the issue, just deliver the criminals.

Posted by: basementfrog | April 28, 2009, 12:58 pm 12:58 pm

You need to investigate Obama. His is putting our country at severe risk, lowering the funds and training for military and exposing pictures of so-called torture. When, not if, the next attacks happen, don’t blame Bush. It is Obama now with his lack of judgement and knowledge that will have American’s killed. IMPEACH OBAMA ALREADY!

Posted by: Cheryl | April 28, 2009, 1:03 pm 1:03 pm

Bybee should be investigated and perhaps prosecuted for his role in okaying torture by us, which is against the Geneva Convention.
I don’t think those following orders in the military and the CIA should be punished, but those at the top who wrote the changes into the rules, should be prosecuted. We signed the Geneva Convention for a reason and the yahoos who decided to change our rules of interrogation were acting unlawfully.

Posted by: Lydia | April 28, 2009, 1:04 pm 1:04 pm

“…stand trial and let the world court that we created make the decision: did they or did they not violate international laws? Are they guilty of crimes against humanity? Did they lie and fabricate false information to justify the invasion of Iraq?”
You are quite badly confused. There is no world court with any jurisdiction to hear any of the claims you just listed. Please do your homework.

Posted by: Fascist Hyena | April 28, 2009, 1:11 pm 1:11 pm

“Bybee should be investigated and perhaps prosecuted for his role in okaying torture by us, which is against the Geneva Convention.”
What law makes it a crime to violate the Geneva Convention?

Posted by: Fascist Hyena | April 28, 2009, 1:14 pm 1:14 pm

The United States (and 40 or so other countries) have never joined the International Criminal Court. In any event, that Court will only hear cases that the courts of the nation in question refuse to hear.

Posted by: Fascist Hyena | April 28, 2009, 1:16 pm 1:16 pm

Paige…”I do feel bad about those kids.”
Really? Than why question Fascists Hyena sincerity with the above response?

Posted by: Parallax View | April 28, 2009, 1:22 pm 1:22 pm

Paige…”I do feel bad about those kids.”
Really? Than why question Fascists Hyena sincerity with the above response?
Posted by: Parallax View | Apr 28, 2009 1:22:21 PM
_______________________________
If you followed the post you would know it was her deep concern about the death of three children of terrorist to an estimated 100,000 Iraqi civilian deaths.
With the recent release of the memos and the torture techniques used on detainees to force an Saddam/Al Qaeda link – I wouldn’t go there.

Posted by: Paige | April 28, 2009, 1:29 pm 1:29 pm

Bybee should resign, but if not they should impeach.

Posted by: Kara | April 28, 2009, 1:39 pm 1:39 pm

I reiterate my previous question? What the heck does the Geneva Conventions have to do with anything? Are the terrorist organizations, to which these enemy combatants belong, signatories to the conventions?

Posted by: Jason | April 28, 2009, 1:44 pm 1:44 pm

Time for Republicans and Conservatives to follow the polices of former Pres. Bush:
Just before launching his invasion of Iraq, President Bush went on national television to issue an ultimatum to Saddam Hussein, urging him to leave his country within 48 hours. Bush also had this message for “all Iraqi military and civilian personnel”:
War crimes will be prosecuted, war criminals will be punished and it will be no defense to say, “I was just following orders.”

Posted by: Mr. Tony | April 28, 2009, 1:45 pm 1:45 pm

I wouldn’t go there??? And what dictatorial country are you writing from???

Posted by: Parallax View | April 28, 2009, 1:58 pm 1:58 pm

“I wouldn’t go there??? And what dictatorial country are you writing from???”
Calm down – honestly, trying to save you some heartache. The information coming from the Army and US Intelligence committee is disconcerting for any American.

Posted by: Paige | April 28, 2009, 2:08 pm 2:08 pm

Move on and move forward. Focusing on the past is costly and consumes the ablity and resources of many.

Posted by: anony | April 28, 2009, 2:20 pm 2:20 pm

Again ,many in the crowd who defends the indefensible Aberration of Abortion and Partial Birth Abortion,who is torturig the baby in the womb,with the methods of saline solution, dismenbering and puncturing needle through the baby scull. All of a sudden the same crowd becomes the Paladins of American Justice.They dare to cuestion other peoples actions. Podesta looks like Caligula directing the lions at The Roman Circus. Justice should be applied equally for all.

Posted by: Martha | April 28, 2009, 2:22 pm 2:22 pm

“…torture techniques used on detainees to force an Saddam/Al Qaeda link.”
A more honest formulation would be “to determine whether there was such a link.” Any interrogator who did not seek to determine the answer to that question would have been negligent in the extreme.

Posted by: Fascist Hyena | April 28, 2009, 2:37 pm 2:37 pm

I want to be sure I understand the Obama position: If we capture those fellows we are after in Pakistan, they have access to the US courts to contest whether they are properly held in captivity. But if we see ‘em in the open, we can kill ‘em.
Have I got any of that wrong?

Posted by: Fascist Hyena | April 28, 2009, 2:39 pm 2:39 pm

I’ve read through all these blogs, and something kept jumping out at me. “Peaceful Republic.” In our nearly 233 years, I don’t think that we have ever been a peaceful republic, either with war against an oppressive king, war against the natives in our attempt to expand, war against ourselves, war to end all wars, a second great war, a police action, a war to stop the spread of communism, a cold war, a gulf war, a freedom war, an antiterrorism war, so many more wars throughout our years. Yet we are a peaceful republic! I love this country, but I have never diluted myself into thinking it peaceful. We are always full of controversy, but in that is where we gain our strength.

Posted by: Confucius | April 28, 2009, 3:28 pm 3:28 pm

Look ahead — move forward. Yeah — don’t forget to release all the prisoners in our prisons too.
Sheesh — it’s okie to break the law. Once you did it — it’s past tense — everyone is more happy to look forward..

Posted by: Zard | April 28, 2009, 4:22 pm 4:22 pm

O Nation is too smart to set many precedents in this area..

Posted by: DontGet818OnMeNow | April 28, 2009, 4:28 pm 4:28 pm

Nobody in the political establishment – politicians, journalists, anybody – has the guts to say it like it is.
Bush, Cheney and the whole lot committed a crime. If anybody was to take the law serious they would be prosecuted. But that is impossible politically, which in effect means that the president and vice president of the United States are above the law.
Simple as that.

Posted by: El_Pajaro | April 28, 2009, 5:31 pm 5:31 pm

all you ‘patriotic’ republicans simply need to follow words and policies of your former leader G.W. Bush:
“Just before launching his invasion of Iraq, President Bush went on national television to issue an ultimatum to Saddam Hussein, urging him to leave his country within 48 hours. Bush also had this message for “all Iraqi military and civilian personnel”:
War crimes will be prosecuted, war criminals will be punished and it will be no defense to say, “I was just following orders.”

Posted by: USA | April 28, 2009, 6:25 pm 6:25 pm

This whole discussion is the result of the far left’s insistence on splitting this nation even further – divide and conquer might be one way to put it.
At some point the good sense of America will prevail. This President and his administration are way out of control with their agenda – now this.
It is really sad that this is even on the table much less being given serious consideration.

Posted by: Lone Star Rules | April 29, 2009, 7:01 am 7:01 am

FascistHyena: I want to be sure I understand the Obama position: If we capture those fellows we are after in Pakistan, they have access to the US courts to contest whether they are properly held in captivity. But if we see ‘em in the open, we can kill ‘em.
Have I got any of that wrong?
———-
No, that sums it up – when engaging on the field of battle, you use lethal force. Once hostile actors have surrendered to you or otherwise have been captured, they are your charges, under your care, and you follow long-established rules of humane treatment.
What’s hard to understand about that?
George Washington authorized capital punishment against any soldier who would abuse a prisoner.
George W. Bush authorized, through legal sophistry, abuse of prisoners.

Posted by: HBTC | April 30, 2009, 8:49 am 8:49 am

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