The Alberto Gonzales Defense: Judge Bybee Reportedly Denies That He Wrote Infamous Memo

180px-bybee1225px-alberto_gonzales_-_official_doj_photographAccording to close friends, Judge Jay S. Bybee appears to have adopted the Alberto Gonzalez defense: he is now claiming that he did not write his infamous memo and only signed it. This is similar to the defense that Democrats allowed Gonzales to make on the first torture memo at his confirmation hearing for Attorney General, to wit, he did not read an important policy memo on the commission of a war crime, he just signed it. It is the empty suit defense: I really am not to blame when I sign orders or memos because I just sign things. Bybee has not spoken directly on this matter to the public, but there are now various friends saying that he would like to repudiate the memos and even denies writing the memos.

Bybee’s alleged use of the Gonzales defense at the same time of a dinner for 35 former clerks and friends at a Las Vegas restaurant. While he may have hoped what was said in Vegas stays in Vegas, it did not work out that way. Indeed, it seems that a spontaneous announcement to such a large group was calculated to get out to the wider press and public.

The Washington Post quotes former clerk Tuan Samahon, who said that Bybee used the reunion to defend the legal reasoning behind the memos while saying that he was disappointed by what was done to prisoners, saying that “the spirit of liberty has left the republic.” Hmmm, I wonder how that spirit left the republic when ambitious people like Bybee (who admits that he was campaigning for the judgeship) signed off on a memo defending war crimes based on some of the worst analysis that I have read in a Justice Department memo in my career.

Another friend (and former roommate of Bybee) Steve Guynn recalled that Bybee has told him that he was not responsible for the memo: “I don’t know that he ‘owned it.’ . . . The way he put it was: He was head of the OLC, and it was written, and he was not pleased with it.”

Another friend, University of Nevada law professor Chris Blakesley noted that Bybee indicated that he did sign it but wanted now to repudiate it. That is the account of another friend who insists that “I’ve heard him express regret at the contents of the memo.”

I must confess to be left cold from these accounts. Bybee went to Gonzales to seek the Ninth Circuit judgeship and was asked by Gonzales to serve at the OLC first. He then signed off on a memo endorsing war crimes to Gonzalez’s delight and was later given the judgeship that he sought. Now, he wants to repudiate the grotesque memo that he used to curry favor with Gonzales.

There remains the question of what Bybee lied to Congress in his confirmation hearing, leaving the possibility of impeachment. At a minimum, I agree with Sen. Leahy that Bybee should resign given his role in this infamous program.

For the full story, click here.

51 thoughts on “The Alberto Gonzales Defense: Judge Bybee Reportedly Denies That He Wrote Infamous Memo”

  1. The truth is Las Vegas is known for persecuting Americans with Middle Eastern names of Rahman. As in names of Rahman in GITMO.

    Las Vegas Lionel Sawyer and Collins, closely connected to the political name “Senator Harry Reid and sons” law firms are hired to investigate and do forty hour degrading interrogations in locked areas on minors and women. If you run they chase you blocking your rights to movements humiliating humans more.

    They have Judges force you to give your Passports over and all files requested. So they can view and have inside Government peep and look for where you have traveled. Search for money in other Countries.

    They harass you on your Government job site making you look suspicious and like a terrorist.

    They invade all your private information life insurance, birth records, marriage records, education, phone, email accounts, banks, credit, medical, military, Social Security, work related documents and all Government records.

    These human rights abusers cause persons to be afraid of you they block you from advancements on jobs.

    Then Judges allow for lawyers investigation charges for you to pay for abuse they did on you. Close to two hundred thousands and interest judgment. To pay for the interrogations and invasions investigations after they had been paid once before.

    Las Vegas is violating the United States Constitution and has acted the same as Saddam Government treated humans. They are in violations of International Laws.

    Las Vegas Judges do not allow for Middle Eastern persons to have the right to happiness nor the right to privacy as Grantee under the U.S. Constitution.

    This is a way to profit and take property away from Middle Eastern person with the names like Rahman after hard labor. Even if you are an innocent victim because of Post 9/11 and race hating inside of American Judaical system they condone this activity.

    Las Vegas allowed for Middle Eastern wives to be raped and charge them for this if they report a crime. Even after a conviction by the perpetrator.

    Las Vegas Judges are racist and violate human rights inside and out side of America.

    The Governor of Nevada office sends out Homeland Security to your home humiliating you and to investigate for what was once the right to free speech for speaking against human rights crimes.

    It was once understood that if you could have free speech you should be able to report it after you were victimized and came close to death.

    Torture Judges you bet it is any way you look at it. A disgrace world wide for Nevada and those who have behaved like SSaddam and Hitler.

  2. abysmal
    One entry found.

    Main Entry: abys·mal Listen to the pronunciation of abysmal

    Pronunciation: \ə-ˈbiz-məl, a-\
    Function: adjective
    circa 1656

    1 a: having immense or fathomless extension downward, backward, or inward b: immeasurably great : profound c: immeasurably low or wretched 2: abyssal 2
    — abys·mal·ly Listen to the pronunciation of abysmally \-mə-lē\ adverb

    I am sorry. This really can be a fodder for fools. If you know what I mean dear Patti.

  3. You know with some, education is lost. No amount of learning will help them with a severe lack of social skills.

  4. Patty C 1, April 28, 2009 at 8:40 am

    I’m not talking about occasional and obviously inadvertent typos. . . .

    Seriously, I don’t anyone who’s had a decent education who does that nor anyone who gets away with it in a professional setting.

    Now exactly what were you trying to communicate to me.

    That a) You are no lady;
    b) That you are a fool;
    c) That you cannot write a clear coherent sentence to convey your thought; and
    d) That you are abysmal.

    Bait is all I can say, BAIT. Fools play.

  5. I’m not talking about occasional and obviously inadvertent typos. Even Jonathan does that because he’s busy, just as I am, intermittently, at the moment.

    You use periods where you should be using commas. That you do so repeatedly demonstrates that this is the way you write.

    Seriously, I don’t anyone who’s had a decent education who does that nor anyone who gets away with it in a professional setting.

  6. Patty C,

    I presume that Maine is part of the US and therefore, “WE” are still trying to deport an alleged Nazi war criminal.

    See personal attacks. No Need.

  7. So if you are criticizing me, look at the teacher.

    Bait is what I can say. Bait.

    Not much of a lady are you?

  8. Texas? Gee whiz, just a couple of days ago it was Uhhhh, let’s see here…

    Humor and lightness? Puhleeze. I guess I must’ve missed that part
    – entirely.

    Just a little tip – all of the lawyers I have ever worked with never would have made it through college, much less law school without knowing how to construct a complete sentence.

    So long as Obama is in power he has the authority. I will offer you that we are still trying to Deport an Alleged Nazi War Criminal in the greater Chicago area. If that can be said.

    So the answer is NO, No Statute of Limitations.

  9. Patty C.

    I would be scared, but you do not know where I live other than in Texas. Big state and W ain’t to far away. Could it be Crawford or could it be Dallas?

    See, you need not respond to this. Let us see how much dignity of a lady yo have. Is that too much to ask? Were you the one who always sucked up in class to be the teachers pet?

    I as you can figure was the class clown, I brought humor and lightness to some grave issues.

    As I see it and “I Robot” mentality aside, was and am still doing my part. You are a Harvard trained MD as you claim. Do no harm Doctor.

  10. I’m dealing with right now, AY. I said for you to stay out of it.
    You don’t what you’re talking about. This is hardly about difference of opinions.

    I didn’t start this crap but I intend to put an end to it.
    One way or another it will end.

    Got it?

Comments are closed.