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Who Are the Torture Memo Authors?

For all the (justified) clamor over the Bush administration's torture memos that were released yesterday, there's been surprisingly little attention paid to the two authors of those documents.

As officials in the department's Office of Legal Counsel Jay Bybee and Steven Bradbury authored the four memos. The first was written in 2002 by Bybee, and the latter three in 2005 by Bradbury. So: who are Bybee and Bradbury?

Bradbury first. He served as an attorney-adviser in the OLC during the George H. W. Bush administration, before clerking for Supreme Court Judge Clarence Thomas and working for Ken Starr's law firm. Bradbury returned to OLC in 2004, as a Principal Deputy Assistant Attorney General. It was in this capacity that he wrote the three memos released yesterday.

But what happened next is perhaps even more interesting. Shortly after the writing the memos, Bradbury was nominated by President Bush to head the OLC. The previous chief, Jack Goldmsith, had rescinded some of the more sweeping and radical memos DOJ opinions, that, in Goldsmith's view, gave too much power to the executive branch to prosecute the war on terror. Bradbury was seen as a Bush loyalist who would reinstate those opinions.

Senate Democrats blocked Bradbury's nomination. But somehow, the Bush administration kept him as acting head of the OLC -- apparently in violation of the law -- where he remained until the Bushies left office in January.

In that position, Bradbury compounded the damage he had done with the memos. As we summarized back in 2007, he argued that the administration was not required to try detainees in federal courts and that detainees were not entitled to habeas corpus; and that Geneva Conventions language barring "humiliating and degrading treatment" was vague and subject to "uncertain and unpredictable application." And he wrote an opinion declaring that Harriet Miers didn't have to testify in the U.S. attorneys investigation.

It's unclear what Bradbury has been doing since leaving DOJ in January. If anyone knows, we'd be interested...

As for Bybee, he served in the Justice Department during the Reagan administration, then was an associate counsel to President George H. W. Bush. He spent most of the 90s teaching law at Louisiana State University, before in 2001 being appointed an Assistant Attorney General in the Office of Legal Counsel. While there, he wrote four memos, subsequently released by the Obama administration (one yesterday, three last month), justifying the use of harsh interrogation techniques including waterboarding.

In 2003, President Bush nominated Bybee to serve as a judge on the US Court of Appeals for the Ninth Circuit. After an initial hold up, Bybee was confirmed by the Senate.

Thanks to Bybee's authorship of the memos, a Spanish judge is considering indicting him -- as well as five other former Bush administration officials -- for war crimes

Bradbury did not respond to an email sent to his personal address. The public relations office of the US Court of Appeals for the 9th Circuit Bybee did not respond to a voice-mail message left about Bybee.


8 Comments

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President Obama and Mr. Holder...
I am confused..you mean all this time..torture has NOT be unlawful..? That the Geneva conventions were just a rumor..?..All this time it has been okay to torture...that the persons this country has prosecuted..even executed, for "war crimes" were actually murdered..those three Japanese soldiers that waterboarded our soldiers during the second world war..did NOT commit any crime, after all?...we just murdered them because they were what.., Japanese..? Is that what you are trying to say..now? Are you saying that by not prosecuting those in the Bush administration for committng war crimes its okay...because it was an imaginary treaty, or is it because it wasn't against the law then..but is now?...Just now (when YOU say it is?) what kind of tortured logic is that..? (no pun intended!)....then doesn't that make all other laws and international treaties that the U.S has signed....actually mean nothing...and should not be observed by either side...?

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Pragmatism will rule. Attempting to document, gather evidence, charge and try every CIA and military person who participated in torturing POWs isn't going to happen. Most of those would be found guilty of insubordination or worse if they had refused the orders of the Bush administration, so it makes little sense to punish them, unless they went beyond the already illegal rules.

The important thing to do is to indict the members of the Bush gang who cooked up the justification for law violations, who ordered those cooked justifications, and who gave the orders to carry out the illegal acts. The principle criminal is, of course, the former president. It looks like that Spanish court may oblige us by doing just that.

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Well, the Republican Revolution changed America. A crushing national debt and dumping a big turd on any pretension of moral authority throughout the world by indiscriminatly using torture against defenseless prisoners as a way to try to terrorize the terrorists seeking to destroy "our way of life".

Annnddddd.....what is our way of life if we are using torture to terrorize defenseless people who under our Constitution are innocent until proven guilty?

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The United States Congress is an international embarrassment.

It is a national disgrace.

Liers, corporate thugs who stay safely away from the wars they initiate to advance their own personal political careers at the cost and blood of the lives of American soldiers for whom they don't give a damn.

It is this nation that will forever be paying for the self-centered greed and politics, and lack of ethics of members of Congress. And their children and grandchildren will pay just as much as those children of average Americans will pay.

It isn't for lack of evidence or legal proceedure. If Congress had any intention of bringing our own war criminals to justice, it would have already done so.

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"Who wrote the torture memos? And where are they know?"

Who nows?

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Bybee is a FEDERAL JUDGE!! If I was a person convicted or found liable in his court, I would be apopealing and FOI'in all over the place. You would think the scorn heaped upon him for his embarassing memos would make him want to crawl back under the rocks. But no,as with most other Bush administration failures they just keep on trying to polish a turd. Oh, would our DOJ have the same balls as the Spanish and German judiciaries. Or if they had the tenacity to go after war criminals as the Germans after a 90 year old and disabled Demjanjuk.

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Impeach and convict Bybee!

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found something for you folks..
check out this article,
it says, these are the people legalizing torture, and assassination.
Neocons...........yes
bush..............no, maybe
McCain............No

here is the website and article..
http://zfacts.com/p/100.html

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