updated Thu. September 28, 2023
April 10, 2018
Law360 (April 10, 2018, 7:40 PM EDT) -- Chuck Close and other artists urged the Ninth Circuit during oral arguments Tuesday to revive their putative class actions seeking art sale royalties from Christie's, Sotheby's and eBay, saying a California law mandating royalty payments to artists isn't preempted by the federalÃâÃÂ ...
April 8, 2018
And John Yoo and Jay Bybee's memo from the Justice Department in 2002 notwithstanding, waterboarding was still illegal in 2002. So you know, to me, we are conceding our leadership position on international human rights. And we have decided as a matter of policy that whatever is expedient is OK,ÃâÃÂ ...
April 8, 2018
The Yale law professor Bruce Ackerman argues that the prospect of a “draconian response” by Trump “should jolt serious Democrats and Republicans” into passing a new statutory framework that would explicitly reject the claim made by Jay Bybee and John Yoo for the Bush administration “that theÃâÃÂ ...
March 29, 2018
Morell himself reluctantly acknowledged that he knowingly allowed CIA intelligence findings to be misrepresented by the Bush administration and used as a primary justification for the Iraq War. Jay Bybee and John Yoo of the Justice Department provided legal cover for, by any reasonable definition, torture.
March 26, 2018
In February 2010, the Justice Department published a long-awaited report prepared by its Office of Professional Responsibility (OPR) that found former Office of Legal Counsel (OLC) attorneys John Yoo and Jay Bybee had engaged in professional misconduct by authoring two memorandums in 2002 andÃâÃÂ ...
March 6, 2018
In 2002, Jay Bybee wrote a pair of memos that concluded that none of the “enhanced interrogation techniques” proposed for terrorist suspects — such as sleep deprivation, stress positions and waterboarding — qualified as torture. At the time, he was an assistant attorney general and head of the Office ofÃâÃÂ ...
October 31, 2017
This year's pick is Ninth Circuit Judge Jay Bybee, who bared his true feelings about dealing with the opinions of his brethren. In his July opinion in U.S. v. Martinez-Lopez, a complex sentencing case, Judge Bybee began as follows: “Bybee, Circuit Judge, concurring in part and dissenting in part, butÃâÃÂ ...
Above the Law
July 31, 2017
In case you missed it on Friday afternoon — and it's easy to miss things on Friday afternoons in July (which is why they're a great time for staff reshuffles and divorce announcements) — the Ninth Circuit, sitting en banc, issued a flurry of opinions in United States v. Martinez-Lopez, a complex sentencingÃâÃÂ ...
March 18, 2017
But a much lengthier rebuke to Trump came from the pen of one of America's most conservative judges, Jay Bybee. You may remember Bybee as an author of the torture memos, which he signed while serving in George W. Bush's Office of Legal Counsel. These memos authorized the brutal torture ofÃâÃÂ ...
February 11, 2013
In one of the more nauseating passages, Jay Bybee, then an assistant attorney general and now a federal judge, wrote admiringly about a contraption for waterboarding that would lurch a prisoner upright if he stopped breathing while water was poured over his face. He praised the Central IntelligenceÃâÃÂ ...
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