Listen closely to the supporters of the previous administration! They're using the following mindless scare tactic in their reaction to the release of these memos:

'Now the terrorists know all the details!!! They can train against them. We're doomed!!!'

Scott, Scott ... Democrats and especially those in Congress, are always asleep at the wheel. This is not news.

And, while we're busy denouncing rational Democrats for bobbling their oversight role, how about a list of Republicans and conservative Democrats who actively avoided oversight, supported torture after they learned of it, and may still approve of and defend the torturers? torturing

While we are busy denouncing rational Democrats for bobbling their oversight role, how about a list of Republicans and conservative Democrats who actively avoided oversight, supported torture after they learned of it, and may still approve of and defend the torturers?

Democrats never fear the political consequences of turning a blind eye to torture. They are far more afraid of people screaming "weak" at them.

So they behave weakly, to appear "strong".

Does anybody know the answer to the legal question -- CAN a sitting judge be impeached for something like this, before he was confirmed?

It seems like a question that would have a clear answer -- maybe he can, cuz the standard for impeachment is whatever the authorities say it is at any given time.

Or maybe he can't -- but why?

I suppose it's possible that a judge can only be impeached for conduct as a judge: but I don't know.

And I could see an argument being made that Bybee cannot legitimately be impeached for conduct that was (or should have been) known by Senators when he was confirmed -- that is, they should have rejected him, and can't change their minds now.

But I dunno: anybody?

They can impeach him for anything that will get votes in the senate.

Americanist, federal judges are impeachable (ala Alcee Hastings) under the same authority as Presidents, etc. Article Two, Section 4 of the Constitution provides for removal "from Office on Impeachment for, and Conviction of, Treason, Bribery, or other High Crimes and Misdemeanors."

If conspiracy to violate the Geneva Convention (a duly ratified treaty of the US - the highest law of the land right behind the Constitution itself) doesn't constitute "Treason" "or other High Crimes and Misdemeanors" I don't know what does.

Article Two doesn't make any reference to statutes of limitations, nor offenses committed under color of authority of the official, nor do I know of any jurisprudence that does so.

Wrong! Article II deals with the executive. Article III describes the judiciary. Art III Sec 1 states:

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

els, I am by no means an expert in this area, but it is my understanding that numerous federal judges have been impeached by the Senate under the Article Two authority, and that the Supreme Court, in Nixon v. United States (the Nixon here was a certain Judge Nixon) that it wasn't going to intervene in the "political question" of whether a federal judge should be so removed from office.

I don't think being a war criminal constitutes "good behavior". And I don't think you stop being a war criminal, precluding "good behavior", just because you put on a robe. Impeach.

Although if I was his colleauge on the bench, I would just constantly refer to him during oral argument as a war criminal -- "Judge Bybee may be a war criminal and a disgrace to the bar, but I still haven't heard you answer his question, counselor." Can't be impeached for that.

Hmm.

I dunno as it'd be the most effective means of getting his support for your opinions.

A resolution to impeach Judge Bybee was passed unanimously by the largest county Democratic Party in the nation, Los Angeles, on Tuesday night.

It will be considered at the California Democratic Convention in Sacramento next week.

Here's the resolution:

RESOLUTION TO IMPEACH JUDGE JAY BYBEE

Passed unanimously by LACDP, 4/14/09

Whereas, the 1st Amendment to the United States Constitution guarantees the people a right to petition the government for a redress of grievances; and,

Whereas the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment, the supreme law of the land under Article VI of our Constitution, requires the prosecution of those who authorize torture, waterboarding is torture, and both former President George W. Bush and former Vice President Richard B. Cheney have admitted to authorizing waterboarding; and,

Whereas former Assistant Attorney General, and current Federal Judge of the Court of Appeals for the Ninth Circuit Jay Bybee signed the “Bybee Memo,” or “Torture Memo” of August 1, 2002, which advised the C.I.A. that “cruel, inhuman or degrading” treatment was at times allowable under U.S. law, and authored, co-authored and signed other memos on “extraordinary rendition“ and “enhanced interrogation,” more of which are being currently revealed to the American public as the new administration brings them to light; now,

Therefore be it resolved that the Los Angeles County Democratic Party urges that the United States House of Representatives begin impeachment proceedings against Judge Jay Bybee of the United States Court of Appeals for the Ninth Circuit, charging him with facilitating the authorization of torture while employed by the United States Department of Justice; and,

Therefore be it further resolved that a copy of this resolution with its original authorization be sent to the Office of the Speaker of the United States House of Representatives, the Chair of the House Judiciary Committee, and the Majority Leader of the United States Senate, and that copies of the signed resolution be sent to each member of the California delegation to the United States Senate and House of Representatives.

What a shock. Schumer voted to confirm a scumbag. He also voted for Mukasey. He has always been a moral midget.

The main reason that we're unlikely to see the torture gang brought to justice is that the complicity runs so deep, including plenty of Democrats. There is a large and influential constituency for the notion of sweeping the whole sordid mess under the rug.