Jay Bybee
| Jay Bybee | |
| Current Court Information: | |
| United States Court of Appeals for the Ninth Circuit | |
| Title: | Judge |
| Station: | Las Vegas, NV |
| Service: | |
| Appointed by: | George W. Bush |
| Active: | 3/21/2003 - Present |
| Preceded by: | Procter Hug, Jr. |
| Personal History | |
| Born: | 1953 |
| Home State: | Oakland, CA |
| Bachelors: | Brigham Young University 1977 |
| Law School: | Brigham Young University 1980 |
Contents |
Jay S. Bybee (b.1953) is a federal appeals judge with the United States Court of Appeals for the Ninth Circuit based in San Francisco. He joined the court in 2003 after being nominated by President George W. Bush.
Early life and education
Born in Oakland,California, Bybee graduated from Brigham Young University with his Bachelor's degree in 1977 and later graduated from Brigham Young University's J. Reuben Clark Law School with his Juris Doctor degree in 1980.[1]
Professional career
- 2001-2002: Assistant Attorney General, Office of Legal Counsel for US Department of Justice
- 1999-2000: Professor, Boyd School of Law at Nevada-Reno
- 1991-1998: Professor, Hebert Law Center at Louisiana State University
- 1989-1991: Associate Counsel to President George H.W. Bush
- 1986-1989: Civil Division, US Department of Justice
- 1984-1986: Staff Attorney, Office of Legal Policy
- 1981-1984: Attorney, private practice
- 1980-1981: Law clerk, for Judge Donald Russell of the United States Court of Appeals for the Fourth Circuit [2]
Judicial career
On the recommendation of U.S. Senator Harry Reid, [3] Bybee was nominated to the United States Court of Appeals for the Ninth Circuit by President George W. Bush on January 7, 2003, to a seat vacated by Procter Hug, Jr. as Hug assumed senior status. Bybee was confirmed by the U.S. Senate on March 13, 2003 on a Senate vote and received commission on March 21, 2003. [4].
Torture Memos
Memos Lead to Call for Impeachment
Congressman Jerrold Nadler, a senior member of the House Judiciary Committee called for the impeachment of Judge Bybee on April 20, 2009, as Bybee was one of the authors of torture memos written by senior Justice Department lawyers during the Bush administration[5].
In question is a 18-page interrogation memo that then former Assistant Attorney General Bybee signed in August 2002 that gave the Central Intelligence Agency the legal go-ahead to use harsh interrogation techniques including waterboarding. It was among four legal memos on the interrogation program released on April 16, 2009 by the Obama administration[5].
Bybee previously has been associated with another August 2002 legal memo on interrogations, that one addressed to then-Attorney General Alberto Gonzales. It opined that the president as commander in chief has broad authority to approve harsh interrogations and that tactics short of "organ failure, impairment of bodily function, or even death" might be defended as acceptable[5].
The New York Times on April 19, 2009 also called for Bybee's impeachment in an editorial stating:
"These memos make it clear that Mr. Bybee is unfit for a job that requires legal judgment and a respect for the Constitution," the newspaper opined. "Congress should impeach him. And if the administration will not conduct a thorough investigation of these issues, then Congress has a constitutional duty to hold the executive branch accountable."[5].
Bybee has established a legal defense fund to pay the costs of possible disciplinary or impeachment proceedings. [6]
For the entire memo that included Judge Bybee CLICK HERE. Judge Bybee's signature is on Page 46 of the memo[7].
See Generally
- Impeach Jay Bybee Campaign Website
- Bruce Ackerman Slate Magazine article calling for Bybee's impeachment.
- Harper's Magazine Article calling for Bybee's Impeachment
- New York Times Op-Ed Calling for Bybee's Impeachment
Senator Feingold Sought the Memos in 2003
U.S. Senator Russ Feingold (D-WI) who is a member of the Senate Judiciary Committee voted against Judge Bybee's nomination in 2003. When questioning Bybee to become a judge on one of the most prolific Federal Courts of Appeal in the nation, Feingold stated before his floor vote against Bybee on March 13, 2003 seeking the recently released torture memos:
"The (Bush) administration should be able to agree to an acceptable procedure to allow the Judiciary Committee to review Mr. Bybee's OLC (Office of Legal Counsel) opinions. Given the recent history of many OLC opinions being made public, it is hard to believe that there are no opinions authored by Mr. Bybee that could be disclosed without damaging the deliberative process. Indeed, it is very hard to give credence to the idea that OLC's independence would be compromised by the release of some selection of the opinions of interest to members of the Judiciary Committee or the Senate. Without the OLC memos, important questions about the nominee's views on how far the Government can go in the war on terrorism, enforcing the rights of women, enforcing the rights of gays and lesbians, and other important issues that don't remain unanwsered, they remain off-limits"[8].
On April 21, 2009, Senator Feingold issued a statement on the Bybee torture memo stating:
“The just released OLC memos, including the 2002 memo authored by Jay Bybee, are a disgrace. The idea that one of the architects of this perversion of the law is now sitting on the federal bench is very troubling. The memos offer some of the most explicit evidence yet that Mr. Bybee and others authorized torture and they suggest that grounds for impeachment can be made. Clearly, the Justice Department has the responsibility to investigate this matter further. As a Senator, I would be a juror in any impeachment trial so I don’t want to reach a conclusion until all the evidence is before me.”[9].
Awards and associations
See also
External links
References
- ↑ Judge Bybee's Biograph from the Federal Judicial Center
- ↑ "THOMAS" Jay Bybee Asst.AG, USDOJ confirmation: PN959-107
- ↑ "Government Printing Office" Confirmation Hearing of Jay Bybee, February 5, 2003
- ↑ "THOMAS" Jay S. Bybee USCA, 9th Cir. confirmation: PN4-108
- ↑ 5.0 5.1 5.2 5.3 "Las Vegas Review Journal" New York Congressman calls for the Impeachment of Judge Jay Bybee, April 20, 2009]
- ↑ Declassified "Torture Memo Author Sets Up Defense Fund to Fight Possible Impeachment", November 19, 2009
- ↑ "Discourse" The Jay Bybee Memo In-Depth, June 14, 2004
- ↑ "Senator Russ Feingold" Senator Russ Feingolds speech against Jay Bybee, March 13, 2003
- ↑ "Senator Russ Feingold" Statement in support of the impeachment of federal judge Jay Bybee April 21, 2009
| Federal judicial offices | ||
|---|---|---|
| Preceded by: Procter Hug |
Ninth Circuit Court of Appeals 2003–present |
Succeeded by: NA |
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| 2008 |
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This page is missing notable case information.
