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07.11 7,000+ Colleges and Universities Declare Climate Emergency and Unveil Three-Point Plan to Combat It [Fox News and Betsy DeVos never talk about this stuff so it must be Bull Shit, right?]
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07.19 Trump administration won't ban pesticide tied to childhood brain damage [There is no truth to the persistent rumor that chlorpyrifos pesticide was heavily used at Trump's childhood home in Queens]
07.17 Planned Parenthood president Leana Wen forced out by board [Given that states have lost abortion rights on political grounds recently, Wen's philosophical approach to protect abortion rights based on ‘health care’ was smarter – therefore it was that smarter strategy that was killed at the secret meeting.]
07.17 What is happening in America's Cancertown is tragic, immoral and evil [Niggardly white government policies could change to produce better students, better jobs and net revenue instead of costs. But it seems they enjoy more cruelty—like Trump.]
07.15 Extinction Rebellion protests block traffic in five UK cities [Non-corporate human animals make their annoying bleating sounds...]
07.14 A Glacier the Size of Florida Is Becoming Unstable. It Has Dire Implications for Global Sea Levels [The willfully ignorant needn't read more, Trump]
07.13 'Climate Despair' Is Making People Give Up on Life [Willfully ignorant governments—having fired many of their best scientists—have made themselves too stupid to despair]
07.13 Trump administration to approve pesticide that may harm bees [The worst government money can buy!]
07.10 Plastic Has A Big Carbon Footprint — But That Isn't The Whole Story [Fixing our world begins by educating your consciousness with the best truth from trustworthy news sources—so you'll then insist truly bad things will get fixed. But if instead you are educated by untrustworthy news sources—then your consciousness could be warped to where you are hating and fighting with your best friends. Clue: untrustworthy news sources never seriously report news about the world's most critical emergency—Global warming.]
07.09 Judge reinstates Madrid's low emissions zone [Yeh!]
07.07 How Solar Panels Work (And Why They're Taking Over the World) [Hope they leave space between panels for wild flowers to grow so birds and butterflies can flourish!]
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07.18 Inside Trump's DC hotel, where allies and lobbyists flock to peddle their interests [Also, too much ignored by media, the $millions "donated" corrupting moderate Democrats and Republicans every election cycle must stop]
07.18 This Republican's Case for Medicare for All [A well-informed Republican is rare, so let's hold him in the light so others may learn]
07.18 Trump rally crowd chants 'send her back' after president attacks Ilhan Omar [1:03 video shows Trump pandering to his ignorant idolaters, and together they're making America a greater shit-hole country]
07.16 Contempt [Variations of frequent loss & theft of property title by organized legal efforts against black owners]
07.15 Australia 'deeply concerned' about China's treatment of Uighur people [What are the reasons, exactly, that justify harsh imprisonment of a million people?]
07.15 Zuma tells South Africa corruption inquiry he is victim of foreign plot [Unaccountable corrupt governments are so in fashion these days...]
High Crimes vs. Human Rights
07.19 Conscientious objectors of first world war – their untold tales [The record proves they were morally right by avoiding violent early deaths of their cousins and themselves]
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07.19 Iran makes 'substantial' nuclear offer in return for US lifting sanctions [Was barbaric Saudi Arabia—whose citizens were more involved in the 9-11 attacks—the wrong ally all along?]
07.19 “The Task Ahead Is Enormous, and There Is Not Much Time” [Read this and learn. Or read Donald J. Trump (@realDonaldTrump) | Twitter and/or President Trump (@POTUS) | Twitter. Are you serious? Or are you in hideously criminal denial?]
07.18 ‘No rioters, only a tyrannical regime’: Thousands of Hong Kong seniors march in support of young extradition law protesters [Most people around the world have more in common with these Hong Kong Chinese protestors than with the ignorant people at Trump rallies]
07.18 Dozens Arrested as Over 1,000 Jewish Activists and Allies Shut Down Entrances to ICE Headquarters Demanding Closure of Trump Detention Camps [Obviously these are not the immoral and less educated right-wing jews who support Netanyahu, Trump and ICE, and who slowly exterminate Palestinians when no one is looking]
07.17 Trump Murdered the Iran Deal—And Europe Isn’t Too Happy About It [Only psychopathic Saudi Arabia and Russia are U.S. ’allies’ now...]
07.15 Australia now has the highest minimum wage in the world [From 1960 to 2018 – the U.S. has fallen from 1st place to below the tenth place and off the chart]
Make Judge Bybee Eat His Own Words
Monday, 20 April 2009
Judge Bybee should be impeached, disbarred and then prosecuted as a war criminal for his role in authorizing and promoting the use of torture by US military and intelligence agency personnel.If the day comes that Congress finally does its duty and begins an impeachment effort against 9th Circuit Federal Appeals Judge Jay Bybee, the former Bush assistant attorney general who in 2002 authored a key memo justifying the use of torture against captives in the Afghanistan invasion and the so-called “War on Terror,” it would be fitting punishment to watch him squirm as his own words as a judge were played back to him.
It was as an Appeals Court Judge Bybee, sitting on a case being heard in 2006 by the Ninth Circuit Court of Appeals, that he wrote the following words:
Yet causing words to become “so elastic that they may mean the opposite of what they appear to mean” was precisely the goal of the 48-page memo, just released by the Obama Administration, which Bybee wrote for the Bush/Cheney White House authorizing the use of what any ordinary person, and indeed the US Criminal Code, would define as torture against captives held in Bagram, Abu Ghraib, Guantanamo and elsewhere.
The actual Geneva Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment, incorporated in 1996 by act of Congress as a part of the US Criminal Code, Title 18, Sections 2340-2340A, is quite unambiguous in its proscription. As Bybee notes in his memo, the Convention Against Torture defines torture as:
Now we know that what US CIA agents, military interrogators, and even prison guards charged with “softening up” detainees, were doing to captives included repeated waterboardings (over 100 times in the case of some captives), slamming into walls while leashed to a neck restraint, enforced sleeplessness for as long as 11 days at a time, subjection to prolonged periods of extreme heat or cold, attacks by dogs, being locked in a box with biting insects, etc. ad nauseum.
Yet Bybee, in his capacity as counsel to the president in the office of the Attorney General, went to great creative lengths to make the words in that act “elastic” to the point that they “lose their ordinary meaning.”
For example, in his memo Bybee wrote:
Then, because he saw that that term “severe” in the statute was problematic, Bybee went out of his way to try to make it mean something more extreme. He found a legal case involving a hospital that was being sued for refusing to admit an emergency medical patient, concluding that severe pain would have to be pain “equivalent to (sic) intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function or even death.”
Obviously, when someone says they have a “severe headache” or tells the doctor that they have a “severe pain” in their lower back, they aren’t talking about facing death, organ failure of impairment of bodily function. They are using the word in its “ordinary meaning” to communicate that they are hurting badly. But then Asst. Attorney General Bybee isn’t interested in what Judge Bybee called “the ordinary meaning” of words. He’s looking for weasel words. He’s trying to get words to be “elastic,” and to mean “the opposite of what they appear to mean.”
But Bybee also recognized in the event that Bush or his subordinates were someday to be hauled before a court and prosecuted for war crimes, he would need to offer them a second line of defense, so, ever the good mob attorney, the future appellate court judge offered up this beauty:
What this means, writes Bybee, is that, “If the defendant [the government torturer] acted knowing that severe pain or suffering was reasonably likely to result from his actions, but no more, he would have acted with only general intent” but not “specific intent” to cause pain.” Put another way, he writes, “As a theoretical matter therefore, knowledge alone that a particular result is certain to occur does not constitute specific intent.”
How’s that for elastic? Let’s imagine a killer who fires a gun at a victim, hitting him square between the eyes and killing him. He could offer up the Bybee Defense, arguing that when he pointed his gun towards the victim, at a range of 10 feet, he knew that death was “reasonably likely” to result from his actions, “but no more.” Using Bybee’s reasoning here, he should not be convicted, or even charged with first-degree murder, because he lacked “specific intent” to kill.
But Bybee, noting that a jury might not buy such a line of defense, offers up yet another rationale for torture not being torture. He writes, in the memo:
Call this the Faith-Based No Torture Defense. According to FBNTD, if you don’t believe you are torturing someone, you aren’t torturing them. Here Bybee turns to case law with, not a torture case, but rather the example of a defendant in a mail fraud trial, who successfully argued that if he had a good faith belief that the material he was mailing was truthful, he wasn’t guilty of mail fraud. But of course, torture isn’t mail fraud, and the evidence of the pain and suffering being inflicted at the hands of the torturer is right there before his eyes, whatever he may “believe.”
Let’s face it. This word-twisting judge, sitting in his black robes in a court that ranks just below the US Supreme Court in importance, is a disgrace not just to the US court system, not just to the legal profession, but to the English language.
He should not only be impeached and removed from his post by Congress; he should be disbarred by fellow members of his legal profession and then prosecuted as a war criminal by his former employer, the US Dept. of Justice, for his role in authorizing and promoting the use of torture by US military and intelligence agency personnel. If convicted, he should be sentenced to a long term in jail, and while confined should be forced to write 100 times a day on a blackboard:
While Bybee himself may have never personally tortured anything but the English language, his eventual prosecution for war crimes could be facilitated by a little legal research he did in that same memo. For as Bybee noted in that memo, the USA PATRIOT Act, in addition to eviscerating much of the Bill of Rights, also amended Section 2340A of the US law prohibiting torture to include the offense of “conspiracy to commit torture”--and if Bybee’s memo doesn’t meet the definition of conspiracy, I don’t know what the word conspiracy means.
Hey, I never thought I’d find myself commending the PATRIOT Act, but here’s one little piece of it that we should not be trying to rescind.
About the author: Philadelphia journalist Dave Lindorff is a 34-year veteran, an award-winning journalist, a former New York Times contributor, a graduate of the Columbia University Graduate School of Journalism, a two-time Journalism Fulbright Scholar, and the co-author, with Barbara Olshansky, of a well-regarded book on impeachment, The Case for Impeachment. His work is available at www.thiscantbehappening.net.
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Baltimore News Network, Inc., sponsor of this web site, is a nonprofit organization and does not make political endorsements. The opinions expressed in stories posted on this web site are the authors' own.This story was published on April 21, 2009.