Friday, April 17, 2009

presecution over impeachment

atrios suggests impeaching jay bybee. bybee is the author of the earliest of the torture memos that were released yesterday and he currently sits on the ninth circuit court of appeals.

federal judges are subject to impeachment, although article III, the section of the constitution that is about the judicial branch, doesn't mention impeachment, but it does say that federal judges can hold their office "for good behavior." the problem is that the "good behavior" seems to refer to the judge's conduct while serving as a judge.

13 federal judges have been impeached in the history of this country. four were acquitted, seven removed, and two resigned after they were impeached but before a conviction. every one of those cases was about the judge's conduct after he (they were all men) became a federal judge.

there is no precedent for impeaching bybee for a memo he wrote before he was nominated to the bench. a better strategy would be to prosecute him for approving torture. that would force him to either resign or could be a basis to remove him from office later. of course, it's pretty unlikely such a prosecution would ever actually happen.