What [Bybee] does with the law is as bad as what he does with the facts, but he does it differently. He presents sentences that judges wrote in cases and interprets them in an astounding way.
He interprets the words of statutes by taking unsupportable extreme positions–the most radical reading of a sentence or a decision of a court.
He makes one plus one add up to seven.
From their first days of law school, through moot court and examinations, writing briefs and presenting argument in court, lawyers are trained to be able either to put in or take out facts, take the opposite side–or both sides–of a legal position….
What Bybee has done here is different. He has made himself blind, deaf and dumb–he hears no evil, sees no evil, smells no evil.
By failing to lead on having a rule of law stalwart at the helm of OLC, and on too many more counts to even begin to mention here, Senate leadership as well as the Obama Administration are playing the same see no evil, hear no evil, speak no evil game that Bybee and his Cheney-ite cronies continue to play.
Earlier this week, AG Eric Holder appeared at an NAACP Legal Defense Fund event at the National Press Club, where he was asked about torture.
He added that while he still doesn’t think the department should prosecute those who acted on the guidance of torture memos, but he declined to rule out prosecutions for those who drafted them. “We’ll go wherever the facts and the law take us,” he says.
If not now, then when?