Scott Horton over at Harper’s No Comment Blog is rightly agonizing over the fact that we have a torture enabler and what some have seriously referred to as a monster sitting on the Federal Bench. This “subject” ( I use the term here to properly refer to this individual as a prosecutor or police offer would do when an accused is referred to in court) sits on a federal bench judging others who are guilty of much lesser crimes. After all, torturers and torture enablers were routinely hanged by Allied Courts at Nuremburg and in the Pacific Theater after World War II. American court officials routinely participated in these proceedings.
Some may think all of this is quite complicated, but I find it simple since the solution to resolving the problem is quite simple. I am of the opinion that simple problems can be resolved with simple solutions.
Therefore I propose a remedy to the Bybee problem, a problem that every decent lawyer knows is a black eye on the Federal Judiciary and will remain so for years to come if not remedied. I am therefore making an extremely modest proposal which I propose should be taken seriously, despite my labeling this post as partly snark.
The US needs an official representative from our esteemed judiciary to view the proceedings in Spain to ensure that they are carried out in a fair manner. I am sure the Spanish courts would be happy to oblige us if we were to choose the proper emissary. If I were the presiding judge or court official who could carry out the task of assigning the court official to engage in this duty, I would immediately assign this task to a new judge. Since Judge Bybee would have intimate knowledge of what the proceedings were about, he should be sent immediately to Spain to fulfill his judicial duties.
Of course, this might involve the devil and the deep blue sea, rocks and hard places, frying pans and fires and dozens of other things and places that go together like crude oil mixes with water. However, those are individual problems that at least one individual will have to deal with.
However this proposal is not without precedent. Robert Houghwout Jackson was sent to participate in the Nuremberg trials. Why should Judge Bybee not likewise be assigned a task in another country along the same lines? Younger judges should be given the traveling assignments in my opinion and Judge Bybee fills the bill for this assignment perfectly.
I am of the opinion that Judge Jay S. Bybee should be given this assignment forthwith, with Hillary Clinton at the State Department making proper accommodations for his stay, preferably in a five star hotel, for as long as those fine accommodations last. And if free accommodations are given by the Spaniards to one of our own, the Federal Budget would be that much better off. Allowing such an emissary diplomatic immunity is beyond the scope of this modest assignment of course, so that should definitely not be given as it is definitely not needed due to our emissary’s somewhat limited assigned duties. A few select CIA agents might be assigned the task of ensuring the judgeís security.
This assignment should be a mandatory assignment. Refusal to do oneís duty as a judge would of course mean impeachment.
Or Judge Bybee could spare himself and everyone else great embarrassment for years to come by doing the right thing. And he and all right thinking Americans know exactly what that is.
Mr. Obama, are you listening? Some of your former supporters are getting the opinion that you are going to end up letting the Europeans take care of American problems. If we donít deal with letting the rule of law determine what happens to the torturers and their enablers, then we can expect the pattern and the behavior to repeat itself.
I hope to be dead by then and I donít and wonít have any children to worry about what they may have to endure when the cycle repeats. Others are not so lucky.