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Bybee Rues Signature on Torture Memos

Friends say he regrets way the legal opinions were used

By Harry Kimball, Newser Staff

Posted Apr 25, 2009 2:00 PM CDT

(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.

[Images (3)]

[Quotes (1)]

Jay Bybee on Capitol Hill. (AP Photo)

Justice Department memos from 2001. (AP Photo)

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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Bybee Rues Signature on Torture Memos