Raising the bar on torturers
A highly anticipated U.S. Justice Department investigative report is expected to turn over the authors of the infamous "torture memos," including BYU grad Jay Bybee (now a federal judge), to their state bar associations for possible disciplinary action this summer.The many citizens who would like to see sanctions, if not criminal charges, brought against these architects of torture — particularly in light of the show trials of grunts who carried out their orders — are in for disappointment. A lawyer practically has to kill someone (such as a judge) with his/her bare hands to get disciplined by their bar association. And that censure usually amounts to a secret, confidential scolding never released to the public. Usually bars refuse to acknowledge even if a member is under scrutiny. According the Washington Post:
Law professors and legal practitioners who have handled such cases said the difficulty of gathering witnesses and evidence could present "nearly insurmountable challenges" for state investigators who may wish to pursue a case against the lawyers, John C. Yoo and Jay S. Bybee.The Salt Lake Tribune editorial board joins The New York Times and Slate in demanding Bybee step down or be impeached. The Trib says Bybee's memo is an affront to Americans:
Bybee's 46-page memo is a painstakingly detailed treatise on how to skirt the laws and treaties that bound previous administrations from engaging in interrogation techniques that ape the torture methods used by the communist Chinese government against captured U.S. GIs during the Korean War, and for which the U.S. and its allies prosecuted Japanese and Nazi interrogators following World War II.

4 Comments:
So the US prosecuted people for torture methods after the war, huh?
Sounds to me like "to the victors go the spoils". The winners get to make the rules.
So if the terrorists win the current war on terror and wanting to complain about mistreatment, then I say fine. But if the US wins this war, then we get to make the rules and decide what is torture and what is not.
I still think a great investment would be a "Disneyland for Queers" in Iran!
Disbarrment or impeachment against the former Bush staffers are nothing more than political witch hunts.
The left is foaming at the mouth to burn someone at the stake for the interrogation methods.
Barrack has ruled out charging the CIA interrogators and the political leaders who knew and approved of the methods (President Bush, Democratic and Republican oversight Senators, VP Cheney, Cabinent members, etc.). It seems that the new lefty Attorney General is concluding that there is not enough basis of law to prosecute the administration lawyers who provided the legal review.
Hence...all the lefties have left in this jihad is to attempt professional sanctures.
If the lefties are going after the Bush staffers...then any member of the Senate oversight committees who were briefed and approved of the harsh interrogations should be disbarred (if they are lawyers) and impeached.
Chances of the lefties impeaching and disbarring their own...ZERO.
This idea is utterly ridiculous. A lawyer was asked whether certain interrogation tactics constituted torture under certain laws. He applied the facts to the law and made a conclusion. This is what lawyers do every day. If we start prosecuting them for this, we're in for some real trouble.
I have no problem with those who disagree with Bybee's legal conclusions. There is, however, no evidence that the memos from Bybee were anything less than a good faith legal opinion given to advise government officials.
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