By James O. Goldsborough
Wednesday, May 13, 2009
... The CIA asked for the opinions on ten interrogation techniques it had been using, including slapping, cramped confinement, waterboarding, stress positions, sleep deprivation and confinement with insects. Bybee, the principal author, who was subsequently appointed by Bush to the federal bench in the Ninth Circuit, California's circuit, approved them all.
Bybee's arguments are ludicrous, as was his appointment, and now that Justice has recommended disciplinary action, we can hope Congress begins impeachment proceedings against him. In his extraordinary memo, this lawyer/judge goes through the interrogation methods one by one, concluding that none of them constitutes torture.
Though the U.S. Code defines torture as both physical and mental, for Bybee torture only involves techniques that leave marks (How do you detect mental marks?), which he defines as "severe beating with weapons such as clubs" and "the burning of prisoners." Waterboarding, a technique used to simulate drowning and imminent death, is not torture, he says, because it does not inflict "prolonged mental harm."
What kind of a judge is this? ...
http://www.voiceofsandiego.org/articles/2009/05/15/opinion/goldsborough051309.txt