Memorandum for Alberto R. Gonzales. Counsel to the the Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or. Jay Bybee — who signed off on waterboarding as a Justice Department lawyer — ruled last week that the government should be immune from. When we talk today of the “torture memos,” most of us think about the Perhaps Jay S. Bybee himself, inexplicably rewarded for his role in the.

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How could this have happened? Comments on Your Paper on the Geneva Convention. It will take time for Jay, Dianna, and their other family members, to begin the healing process, but they will be grateful for your prayers and good wishes on their behalf.

Court of Appeals for the Ninth Circuit, crafted a previously undisclosed interpretation meml the law that is breathtaking in its sweep. Bybee Nomination to 9th Circuit Court”. By using this site, you agree to the Terms of Use and Privacy Policy.

In the explanation of the definition of torture according to 18 U. That request was routed to the OLC by the White House General Counsel Alberto Gonzaleswho desired the “ability to quickly obtain information from captured terrorists and their sponsors. Increasingly concerned about the legal implications of their practices, John Rizzothen Acting General Counsel of the agency, requested the Office of Legal Counsel, Department of Justice, for new legal opinions on the use of these techniques.

The memorandum concludes with a narrow definition of torture, that its “severe pain” must necessarily be pain associated with “death, organ failure, or serious impairment of body functions”.

Torture Memos

Retrieved March 19, Retrieved July 30, Part six of the memo is titled “Defenses” and concludes that “under the current circumstances, necessity or self-defense may justify interrogation methods that might violate Section A.


Court of Appeals hybee the 9th Circuit]”.

In the spring ofthe Abu Ghraib prisoner scandal broke into the news, and in Junethe Bybee memo was leaked to the press. Bybee has co-authored two books, Powers Reserved for the People and the States: Commenting on the specificity of the reservation and statute regarding mental pain or suffering, the memo says, “this understanding ensured that mental torture would rise to a severity comparable to that required in the context of physical torture.

Of course, the problem of the ‘rogue prosecutor’ is not limited to questions about the interrogation of al Qaeda operatives, but is a potential risk for any number of actions that have been undertaken during the Afghanistan campaign He called the memo “deeply flawed” and “sloppily reasoned”.

Zelikow alleged that Bush administration officials not only ignored his memos on the subject, but attempted to destroy them.

Another Tortured Memo from Jay Bybee. It also emphasizes that the individual inflicting such pain must have “specific intention to inflict severe pain or suffering”. Goodwin Wallace Schroeder Farris D.

Another Tortured Memo from Jay Bybee | Brennan Center for Justice

Part three summarizes various techniques within the case law to outline the kind of conduct that the courts have previously found to bybfe torture. How could its opinions reflect such bad judgement, be so poorly reasoned, and have such terrible tone? I certainly didn’t think they were unlawful, but I couldn’t get an opinion that they were lawful either.

In Los Angeles County v.

Jay Bybee – Wikipedia

Judge Bybee’s colleague, Milan D. In an decision, the Court upheld the tribal court’s jurisdiction over the subject matter, thereby strengthening tribal courts’ rights to claim jurisdiction.

But, later that year, an opinion was issued by his successor at the OLC, that changed the very narrow definition of torture from the original legal opinions of the Bush administration on this topic. Bybee, now a judge on the U.

I could not imagine any federal court in America agreeing that the entire CIA program could be conducted and it would not violate the American Constitution. How could OLC have written opinions that, when revealed to the world weeks after the Abu Ghraib scandal broke, made it seem as though the administration was giving official sanction to torture, and brought such dishonor on the United States, the Bush administration, the Department of Justice, and the CIA?


Over the years, Jay and Dianna have sought the best professional advice and treatments available for Scott, and have done all else they could as loving parents to help Scott cope with his struggles. Webarchive template wayback links All articles with dead external links Articles with dead external links from January Articles with permanently dead external links CS1 maint: Bush’s “assertion” that “neither members of the al Qaeda terrorist network nor Taliban soldiers were entitled to the legal status of prisoners of war under the [Geneva Convention],” and therefore planned interrogation methods would not constitute a violation of the Geneva Convention, or war crime.

The Ninth Circuit Court of Appeals granted habeas corpus based on ineffective assistance of counsel and faulty jury instructions, and noted that there was support for Lankford’s theory that his brother committed the murders in question. This interpretation of the Geneva Convention was sent in memos, despite objections by attorneys and the Secretary of the Department of State, [13] [14] on January 9,[15] January 22,[16] February 1,[17] and again on February 7, The rules governing disclosure of grand jury proceedings are set by the Federal Rules of Criminal Procedure; prior to the PATRIOT Act, those rules declared that grand jury information could be shared only under certain circumstances, such as when the material was necessary to assist a prosecutor.

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