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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He tortuer published numerous articles in law journals [1] and has taught in law school. His primary research interests are in constitutional and administrative law. These authorized ” enhanced interrogation techniques ” that were used in the systematic torture of detainees at Guantanamo Bay detention camp beginning in and at the Abu Ghraib facility following the United States’ invasion of Iraq in Bybee graduated magna cum laude with a Bachelor of Arts degree from Brigham Young University [2] bybeemajoring in Economics.

Reuben Clark Law School in Bybee spent one year as law clerk to Judge Donald S. Following three years of private practice in Washington, D. From toBybee was on the faculty of the Paul M. He then moved torure the William S.

Department of Justice, where he served until March 13,during the early years of the war on terror. His family subsequently moved to NashvilleTennesseethen LouisvilleKentucky. Bybee is an Eagle Scout. Bybee is married to Dianna Greer, a high school teacher.

Judge Bybee’s colleague, Milan D. 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.

Yesterday evening, however, Scott’s sufferings became too great, and he took his own life. They have faith that bybe is in a better place. 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.

From toBybee taught at the Paul M. At both schools, he taught constitutional law, administrative law, and civil procedure.

Another Tortured Memo from Jay Bybee | Brennan Center for Justice

InBybee was voted Professor of the Year. Bybee has co-authored two books, Powers Reserved for the People and the States: Bybee has also written more than 20 law review articles, notes, comments, and book chapters. Rizzo requested a legal opinion on detainee interrogation. 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. In effect, the CIA was asking for an interpretation of the statutory term of “torture” as defined in 18 U.

Bybee signed that legal memorandum which endorsed ” enhanced interrogation mem ” as lawful. These same techniques are viewed as torture by the Justice Department, [15] Amnesty International, [16] Human Rights Watch, [17] medical experts in the treatment of torture victims, [18] [19] intelligence officials, [20] and American allies. A memo declassified in indicates that bgbee in the Bush State Department believed that the methods were illegal under domestic and international law, and constituted war crimes.


Navy general counsel Alberto Mora campaigned internally against what he saw as the “catastrophically poor legal reasoning” of the memo. Constitutional Law in this area was strained and indefensible.

Jya 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.

In Julyafter a five-year inquiry, the Office of Professional Responsibility released a report, later modified by the Justice Department, saying Jay Bybee and his deputy John Yoo committed “professional misconduct” [28] by providing legal advice that was in possible violation of international and federal laws on torture. Bush resubmitted his nomination hybee January 7, The Bybeee Judiciary Committee reported favorably on Bybee’s nomination by a vote 10 Republicans and 2 Democrats for, 6 Democrats against in late February and forwarded the nomination to the full Senate for consideration.

Democratic Senator Charles Schumer noted that he supported Bybee’s confirmation specifically because the judge’s conservative views would help to moderate “the most liberal court in the country. Some critics decried his confirmation, calling Bybee “an extremist who takes an overly limited view of federal power” and criticizing his “narrow view of individual rights”, including abortion and gay marriage.

Bybee was confirmed inmore than a year before news of his role in the torture memos was revealed. Bybee had told the truth,” regarding Bybee’s role in the Torture Memos”he never would have been confirmed. On January 13,in a decision, Bybee wrote for the majority in United States v. This case further refined the rules for defining whether or not an individual is a Native American or an American Indian.

The current two-prong Rogers approach requires that the individual’s degree of Indian blood as well as his tribal or government recognition as an Indian be taken into consideration. The Court concluded that Violet Bruce was an Indian. With Robert Beezer, Bybee issued the kay decision that the schools’ admissions policy constitutes “unlawful race discrimination. Susan Graber issued a partial dissent. That panel’s ruling was overturned on December 5,by an 8—7 decision of the Ninth Circuit’s fully active appeals judges en bancafter a rehearing sought by Kamehameha Schools.

On January 10,in an en banc decision, Judge Bybee wrote the opinion for the majority in the case of Smith v.

Torture Memos

In that case, James Smith sought to have a case heard in federal court which he had previously brought in a tribal court. When he disagreed with the tribal court’s decision, he claimed that it had had no jurisdiction in the first place. In an decision, the Court upheld the tribal court’s jurisdiction over the subject matter, thereby strengthening tribal courts’ rights to claim jurisdiction.

On September 11,Bybee wrote the majority opinion in Kesser v. Cambragranting habeas corpus to the defendant by a vote. Richard Kesser had been convicted of hiring a hit man to kill his former wife and was sentenced to life without parole. During Kesser’s trial inthe prosecutor had eliminated three American Indian jurors and one Asian juror for racial reasons.

Effectively granting Kesser a new trial, this decision laid out the current Batson analysis in the Ninth Circuit. On November 7,Bybee wrote on behalf of torrture unanimous three-judge panel in the case of Lankford v. Mark Lankford had been convicted of murder and sentenced to death nearly two decades earlier.


The Ninth Circuit Court of Appeals granted habeas corpus based on ineffective assistance of counsel and faulty jury instructions, and torrure that there was support for Lankford’s theory that his brother committed the murders in question.

On August 21,in U.

Jay Bybee – Wikipedia

Craighead, the Ninth Circuit Court of Appeals held that the defendant’s rights had been violated when he was interrogated in his own home jqy first being read his Miranda rights. In that torturd, numerous law enforcement officers had arrived at the defendant’s home because he was suspected of having downloaded child pornography. In a decision written by Bybee, the Court held that the defendant’s interrogation had been custodial and therefore violated his Fifth Amendment rights.

In Los Angeles County v. HumphriesCraig and Wendy Humphries fought to have their names removed from the CCACI after the courts had cleared them completely of abuse charges brought by a rebellious child. In that case, Cecilio Gonzalez had failed to reregister as a sex offender within five working days of his birthday. Because of prior convictions, he had been sentenced to twenty-seven years to life under Torrture ‘s Three strikes togture.

The Court held that the sentence was grossly disproportionate to the crime. On August 29,Bybee, who previously wrote the dissent in a three-judge panel’s ruling, authored the majority opinion that found Sheriff Joe Arpaio and special mem Dennis Wilenchik were not entitled to governmental immunity.

The case involved the alleged false arrest of two newspaper publishers who had criticized the Maricopa County, Arizona, sheriff. In an judge en banc hearing, the Ninth Circuit Court of Appeals reversed the panel’s decision and held the two defendants could be civilly tried for a potential award of damages for the arrests, violations of free speech and alleged selective enforcement.

From Wikipedia, the free encyclopedia. Archived from the jemo PDF on 6 June Retrieved 27 February The best political profiles on the web”. Archived from the original on Archived from the original on 10 April Retrieved 28 February The New York Times. The Man Behind Waterboarding”. Bybee Named to Ninth Circuit Court”.

Archived from the original on June 28, Retrieved 28 January President intends to jy Jay S. Retrieved April 26, Bybee Nomination to OLC”.

Presidential Power in a Time of Terror. Retrieved 21 April Retrieved 24 May Retrieved 17 Tortuee International Rehabilitation Council for Torture Victims. Archived from the original on May 2, As one former CIA official, once a senior official for the directorate of operations, told me: Try it and you’ll see.

Retrieved April 22, Archived from the original PDF on Archived copy as title link. United States, Department of Justice. Accessed September 2, Bybee Nomination to 9th Nybee Court Returned”.