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Susan and I sat in Courtroom 2 at the Ninth Circuit for three hours on Wednesday morning in order to speak to Judge Jay Bybee and his two fellow judges at the conclusion of their hearings. I quietly held up a Bybee “wanted poster” advertising a $3,000 bounty for his arrest and conviction for war crimes and crimes against humanity [see attached]. I was hoping Bybee could see it from the bench. It surprised me that the four or five U. S. Marshals didn’t come over and ask me to put it away. Susan was staring intently at Bybee most of the time.
In the past we’ve had only a few seconds to say something before Bybee disappeared at the end, but this time we caught a break when the gavel came down. Proctor Hug, the first of the three judges headed for the exit, was moving very slowly, leaving Bybee waiting and fully exposed for at least three minutes, during which time Susan and I loudly told him he’s a war criminal for authorizing agressive war and torture, not fit to be a judge, should resign and should be impeached. During this time the marshals just stood in front of us. They didn’t ask us to leave or be quiet. I think this is due to the face-to-face discussions Joe in Portland and Susan in San Francisco have had with Chief Judge Kozinski and Cathy Catterson, the circuit and court of appeals executive, over the issue of rough treatment of protestors in the past.
Susan and I went outside where World Can’t Wait was setting up giant signs listing “enhanced interrogation techniques” approved by Bybee and photos of torture victims at Abu Graib. There were four Homeland Security vehicles on the scene. One of the officers told WCW to remove their signs but they insisted on exercising their first amendment rights and the signs remained in place.
Nate, Holly, Henry, Brad, Les and Martha and I held up a pink “IMPEACH BYBEE” banner and Bybee Wanted Posters, and we sang “Bye Bye Bybee”. Stephanie Tang from World Can’t Wait spoke about Bybee’s crimes and the continuing American torture situation. We had a statement from DisbarTortureLawyers.com to give the media (see the statement below).
Then Susan and others went to the Clerk’s office to deliver letters to all the Ninth Circuit judges asking them to invoke the mandatory judicial misconduct rule to refer Bybee for impeachment to the House Judiciary Committee.
Statement from Disbar Torture Lawyers (DisbarTortureLawyers.com)
When he was employed at the United States Department of Justice, Jay Bybee signed memos that were used as secret laws to legalize blatant crimes. This amounts to an attack on the idea of the rule of law. Our opinion is that such a person should not be a lawyer, let alone a judge.
We at Disbar Torture Lawyers filed complaints with the Bar of the District of Columbia last year and did so again recently after the Justice Department finally released its reports.
The memos that Jay Bybee signed authorized aggressive war and torture, which constitutes clear grounds to investigate whether he is guilty of a felony of conspiracy to torture. We don’t want Mr. Bybee investigated because we dislike him, but because the illegal wars and the torture policies are continuing. We believe that the Justice Department should be pursuing prosecution, the United States Congress should be pursuing impeachment, the Bar Association should disbar him, and the Ninth Circuit should remove Mr. Bybee from the bench. Those who have cases brought before him should request that he be removed from hearing their cases. Everyone who is concerned about the future of our country should be raising their voices in protest.
Lyrics by David Swanson and Margaret Flowers. Performed by Margaret Flowers.
| February 12, 2010, 01:14 AM By Bill Silverfarb | ||
 Paul Carlson/Daily Journal Protesters called for the prosecution of San Mateo Rotary Club guest speaker John Yoo, a former Bush administration attorney, at Poplar Creek Golf Course yesterday. Yoo gave a half-hour presentation on the power of the presidency. John Yoo enjoys a good argument. In fact, debate is the foundation of a strong democracy, he told the Daily Journal yesterday. Yoo gave a half hour presentation to the San Mateo Rotary Club yesterday afternoon on the power of the presidency to a crowd of about 100 as a small group of protesters rallied outside the Poplar Creek Golf Course calling for his arrest. “Torture is a war crime. Prosecute John Yoo,” protesters sang out. The protesters want Yoo arrested because he is the lawyer who famously wrote the so-called “torture memos” while working for the Department of Justice under the Bush administration. His legal opinions were the foundation for sidestepping the Geneva Conventions, allowing for warrantless wiretaps and asserting the president’s power to undertake waterboarding to interrogate war criminals related to the wars in Iraq and Afghanistan. The University of California at Berkeley professor wasn’t too worried about the protesters though, as they were outnumbered by San Mateo police officers by a wide margin. Police did arrest one person yesterday for trespassing and turned away a few others who tried to crash the event. Yesterday was the first time Yoo was escorted to an event by a SWAT team, he said. |
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John Yoo was interrupted repeatedly by anti-torture activists during his book talk at the Commonwealth Club, while protesters stood outside on Market Street with signs saying “Support torture– Buy My Book!”, “The United States Tortures — Thanks to Yoo”, “ARREST YOO”, and sang “Tell John Yoo That Torture is a Crime” (lyrics by Vic Sadot to the tune of “We Shall Not be Moved”) and “It Had to Be Yoo” (lyrics by Susan Harman.)
Yoo’s book, “Crisis and Command” argues that the president has the power to illegally wiretap, torture or do anything s/he deems necessary in times of war. Yoo’s legal advice was used to allow inhumane treatment and torture of U.S. detainees at Abu Ghraib, Bagram, Guantanamo, and “black sites” around the world.
The United States tortures, thanks to Yoo. Yoo’s legal advice to Cheney, Rumsfeld, Bush, etc. was meant to provide legal cover for the inhumane treatment of detainees. Yoo is complicit in torture and should be indicted, disbarred, fired and prosecuted. We call for his disbarment, dismissal from UC Berkeley Law School, indictment and prosecution for complicity in torture and other war crimes.
Cynthia Papermaster wrote: Thanks to all who participated, especially Asher Wolf who spent months making the fantastic Yoo bobble head which debuted on Wednesday.
Some media folks showed up for the protest. Channel 5 News was there; did anyone see their report on tv? If you have photos or video please forward to me and/or post them on Indybay or elsewhere and send us the links. If you hear of upcoming Yoo appearances please forward the information. Thanks!”
NOTE: Our monthly protest at Yoo’s house is on Sunday, Feb. 7, 12 Noon-1 PM, 1241 Grizzly Peak Blvd., Berkeley.
CODEPINK at Yoo's House 11/22/09
What: Shame on YOO!
When: Sunday, December 13, 11am-12noon
Where: John Yoo’s House, 1241 Grizzly Peak, Berkeley. Click here for a map.
I hope you’ll join us at Yoo’s this Sunday, rain or shine.
Friends, we had a fantastic action at John Yoo’s house on November 22, when David Swanson and about 30 wonderful activists gathered for the protest, singing, and a “banishing ritual” aimed at bringing Yoo to justice. See the report, links to Indybay and CODEPINK articles, and video below. We’ll be back at John Yoo’s house this Sunday from 11-12 noon for the monthly protest of the “Torture Professor”. Join our call for his dismissal, disbarment, and prosecution for complicity in torture. Yoo is still teaching at UC, still writing and speaking outrageous nonsense about how his actions kept our country safe after 9/11, and still confident that he’s immune from accountability and justice. Our message is that torture is never legal and Yoo must be prosecuted. Flyers, banners, Yoo masks, jail outfit and handcuffs available at the protest. Please bring cameras. Media alert will go out Friday.
Broadside Balladeer Vic Sadot recorded this original song in Berkeley, backed by the Pink Police Chorus. Vic writes:
John Yoo wrote legal briefs for the Bush-Cheney regime to justify torturing prisoners who were held for years without charges. According to the International Red Cross, over 100 prisoners died in these secret torture sessions. Some people defend John Yoo’s position as a professor of law at UC Berkeley on grounds of “free speech” and “academic freedom”. However, as Dan Siegel clarifies, the issue is about what Yoo did while on leave as legal counsel to the Bush-Cheney regime, which constitutes criminality, not his academic work. This song came along while doing actions in Berkeley, CA with Code Pink Goldengate. * See the Dan Siegel video clip titled “Demonstration Against Torture and John Yoo - Dan Siegel”
2 pm
YOO BE GONE – DISMISS, DISBAR, PROSECUTE UC TORTURE PROFESSOR JOHN YOO
Join Us! “Trick or Treat” to Tell the Chancellor & Law School Dean “Dismiss Yoo”, “Yoo Be Gone” Ritual, Hand out Candy
2PM Meet Café Strada, College & Bancroft, Berkeley; 2:30PM Chancellor Birgeneau’s office, 200 Calif. Hall #1500, UC campus; 3PM Law School, Bancroft@ College
IT’S VERY SIMPLE: TORTURE IS NEVER LEGAL
We, citizens, students, faculty and groups* call on the University of California to dismiss Yoo, and for Attorney General Eric Holder to prosecute Yoo for giving legal advice that torture is legal when he worked for the Department of Justice. Yoo’s complicity in torture is a felony under federal law. Just as lawyers were convicted at Nuremburg, Yoo must be held accountable. Yoo is unethical, incompetent, immoral, and a criminal. He should NOT be teaching at UC. Yoo’s actions have endangered our country. Torture is the #1 recruiting tool for terrorists. We are all living with the shame and fear of having a government that tortures. Children have been tortured and at least 100 detainees have died, says the International Red Cross. We stand in witness of his crimes against humanity.
Ways to Help
- TELL UC TO DISMISS YOO NOW. This should be Yoo’s last semester teaching at UC. Call Law School Dean Chris Edley, 510-642-1741 and Chancellor Birgeneau, 510-642-7464
- Add Your Name to Campaigns to Disbar Yoo
National Lawyers Guild Voters for Peace
Tell United States Attorney General Eric Holder to Prosecute John Yoo: Call: 202-514-2001 Email: AskDOJ@usdoj.gov
“I ask you, out of a concern for justice, a concern for humanity, and a concern for our reputation as a university, to dismiss Professor John Yoo from membership in our university.” UC Professor Brad DeLong to U.C. Law School Dean Christopher Edley.
“If writing memoranda authorizing torture — actions which then directly lead to the systematic commission of torture — doesn’t make one a war criminal in the U.S., what does?…. Yoo wasn’t acting as a lawyer in order legally to analyze questions surrounding interrogation powers. He was acting with the intent to enable illegal torture and used the law as his instrument to authorize criminality.” Glenn Greenwald, www.salon.com/opinion
“John Yoo took a material involvement in the deaths and torture of untold numbers of people. The broken bodies, the broken spirits, the broken trust he wrought with his actions - that’s why they call these crimes against humanity.” Max Anderson, Berkeley City Councilmember
*National Accountability Action Network (NAAN), Progressive Democrats of America (PDA), CODEPINK, Velvet Revolution, National Lawyers Guild, afterdowningstreet.org, Voters for Peace, Berkeley Peace & Justice Commission
Contact: Cynthia Papermaster, Accountability Action Network, www.actforjustice.org, 510-333-6097, cynthia_papermasteratyahoo.com; Susan Harman, Progressive Democrats of America, susanharman1atgmail.com
Attorney Dan Siegel is a graduate of UC Berkeley’s law school from the era of the Free Speech movement. He points out that John Yoo’s writing of legal briefs as cover for torture by the Bush-Cheney regime is not a matter of “free speech”. It is a crime to use your position in violation of the US Constitution and Bill of Rights as well as the treaties that the US has signed as the law of the land, namely the Geneva Conventions. Various groups such as Code Pink Goldengate, National Accountability Action Network, the National Lawyers Guild, World Cant Wait, and Progressive Democrats of America joined together to challenge UC Berkeleys continued employment of Professor John Yoo. They called for him to be fired, disbarred, and prosecuted.
Holly Harwood of CODEPINK Golden Gate:
Ruth Fassenbaum, an activist member of the American Psychological Association, speaks out against torture by the Bush-Cheney regime and John Yoos role in providing legal cover for the US use of torture on prisoners.
Stephania Tang of World Can’t Wait speaking inside Boalt Hall:
