From the Bybee memo:
As we explained in the Section 2340A Memorandum, "pain and suffering" as used in Section 2340 is best understood as a single concept, not distinct concepts of "pain" as distinguished from "suffering"... The waterboard, which inflicts no pain or actual harm whatsoever, does not, in our view inflict "severe pain or suffering". Even if one were to parse the statute more finely to treat "suffering" as a distinct concept, the waterboard could not be said to inflict severe sufering. The waterboard is simply a controlled acute episode, lacking the connotation of a protracted period of time generally given to suffering.According to The New Yorker, Bybee now sits on the United States Court of Appeals for the Ninth Circuit. He was confirmed by the Senate on March 13, 2003—some time before the existence of these memos became public.
It would be poetic justice to sentence Bybee to several such 'controlled acute episodes'... Obviously we cannot and should not do that, but can we at least impeach and disbar him?
I for one would also like to sentence him to reading the collected works of George Orwell.
Update: RBC is also talking impeachment
"can we at least impeach and disbar him?"
ReplyDeleteA lawyer parsed some words to come up with a legal interpretation. Lawyers never do that, do they? Let's impeach him for having an interpretation you don't like.
No, here's a wiki summary of disbarment: Generally disbarment is imposed as a sanction for conduct indicating that an attorney is not fit to practice law, willfully disregarding the interests of a client, or engaging in fraud which impedes the administration of justice. In addition, any lawyer who is convicted of a felony is automatically disbarred in most jurisdictions.
ReplyDeleteIn the United States legal system, disbarment is specific to regions; one can be disbarred from some courts, while still being a member of the bar in another jurisdiction. However, under the American Bar Association's Model Rules of Professional Conduct, which have been adopted in most states, disbarment in one state or court is grounds for disbarment in a jurisdiction which has adopted the Model Rules.
Disbarment is quite rare.
Instead, lawyers are usually sanctioned by their own clients through civil malpractice proceedings, or via fine, censure, suspension, or other punishments from the disciplinary boards. To be disbarred is considered a great embarrassment and shame, even if one no longer wishes to pursue a career in the law; it is akin, in effect, to a dishonorable discharge in a military situation.Whether he's guilty of such conduct, disregard, or fraud is something for lawyers to figure out; I'm not one so I'm only asking.
I don't think any of the Bush administration lawyers have been disbarred, have they?
ReplyDeleteDid they write memos as egregious as this one? I don't know.
ReplyDeleteBut whichever standard applies to Bybee should would apply to anyone who wrote comparable things, surely.
RBC is talking impeachment, too
ReplyDelete