From: Mark Crispin Miller

Date: Mon, 22 Feb 2010 06:56:51 -0500
To: <newsfromunderground@googlegroups.com>
Subject: [MCM] Jay Bybee must resign!

Watchdog Group Calls On Lawyers Practicing In The Ninth Circuit Court Of Appeals To Reject Judge Jay Bybee

Newly Released Department of Justice Report Further Discredits the Former Bush Administration Torture Lawyer

Washington, DC: On Friday, Department of Justice Associate Deputy Attorney General David Margolis found that Ninth Circuit Court of Appeals Judge Jay Bybee exercised "poor judgment" when preparing legal memos advocating torture of detainees in US custody. Mr. Margolis also released a report from the DOJ's Office of Professional Responsibility, which found that Mr. Bybee engaged in "unprofessional conduct." That 300-page OPR report is a blistering indictment against Mr. Bybee, accusing him of ethical transgressions such as intentionally ignoring established case law--including that from the Supreme Court--that directly contradicted his position.

The Disbar Torture Lawyers campaign, www.disbartorturelawyers.com, consisting of scores of government accountability groups representing over a million members, last year filed a disciplinary complaint against Jay Bybee with the Washington, DC Bar seeking his disbarment. Today, the campaign supplemented that complaint with the DOJ and OPR reports.

The campaign now calls on Jay Bybee to resign. "Judge Bybee can no longer pretend to be fair, impartial, or to exercise good judgment," said attorney and campaign spokesperson Kevin Zeese. "He has been found to possess all the qualities that people do not want in a judge - bias, poor judgment, predetermination, failure to follow established law, and professional misconduct. Add that to his intentional withholding of information from the Senate during his confirmation hearings and it is clear that he cannot effectively serve as a judge, nor even as an attorney. He should resign or be impeached. Until Bybee resigns or is removed from the bench, we call on all lawyers of the Ninth Circuit Court Of Appeals to file motions to disqualify Judge Bybee, should be assigned to their cases, on the basis of these official findings of poor judgment and professional misconduct. No plaintiff or defendant should be subjected to the authority of a judge who has been so thoroughly discredited. We call on every plaintiff and defendant whose case is assigned to Judge Bybee to demand that their lawyer file a motion to disqualify him, and if the lawyer refuses, to take action against the lawyer for failing to protect their interests and the integrity of the judicial process."

Lawyers can find the DOJ and OPR documents as well as dozens of other documents related to Judge Bybee and other torture lawyers on the DisbarTortureLawyers.com site. The campaign has filed disciplinary complaints against 15 Bush Administration lawyers who advocated torture of US detainees.

Source: DisbarTortureLawyers.com