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THURSDAY, NOVEMBER 26, 2009
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5

Bybee Rues Signature on Torture Memos

Friends say he regrets way the legal opinions were used

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(Newser) – Jay Bybee has told friends and colleagues that he regrets his role as one of the authors of the so-called torture memos, the Washington Post reports. Most notably, Bybee, who's now a federal judge, signed off on the 2002 memo that authorized waterboarding. "I've heard him express regret at the contents of the memo," said a friend. "I've heard him express regret that the memo was misused."

A former law clerk said Bybee has defended the legal reasoning of the memos but not the actual treatment of prisoners. "The spirit of liberty has left the republic," he quoted Bybee as saying. "Jay would be the sort of lawyer who would say, 'Look, I'll give you the legal advice, but it's up to someone else to make the policy decision whether you implement it,' " said another friend. Meanwhile, some are calling for Bybee’s impeachment, saying his part in the memos was unknown when his judgeship was confirmed.

Jay Bybee on Capitol Hill.
Jay Bybee on Capitol Hill.   (AP Photo)
Justice Department memos from 2001.
Justice Department memos from 2001.   (AP Photo)
Protesters perform a live waterboarding demonstration outside the Spanish Consulate in Manhattan.
Protesters perform a live waterboarding demonstration outside the Spanish Consulate in Manhattan.   (AP Photo)
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On the primary memo, that legitimated and defined torture, he just felt it got away from him.

- Legal scholar and longtime friend
of Jay Bybee

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5 comments
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TerrifiedCitizen
Apr 25, 09 4:14 PM CDT
His lack of foresight and consideration of why adherence to an ethical code such as the constitution will benefit us in the long run doesn't speak well of judicial decisions he might make in the future. Reply
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drlarrymitchell
Apr 25, 09 4:50 PM CDT
Regret does not cancel out stupidity. Reply
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anchower
Apr 26, 09 12:57 AM CDT
"Reasonable foreseeability" is a pretty basic and very important legal concept. If Bybee doesn't grasp that, he should go for that reason alone. Still, according to Slate, at least, Congress might not be able to remove him since he's been on "good behavior" while on the bench. Reply
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JonmarkP
Apr 26, 09 1:46 AM CDT
He doesn't regret approving of torture, he regrets getting caught approving of torture. So try out some of it on him, see if he still approves of it. Reply
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riffran
Apr 27, 09 4:39 AM CDT
gotta agree with ya on that one...regretts getting caught......before it all said and done , there is going to be a lot of big names on all sides of the big fence saying that they are "regretfull" Reply
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