<strong>Guild</strong> Notes ▪ Summer/Fall 2009San Francisco takes on the torture lawyersby Sharon Adams and Carlos VillarrealSome of the most infamous advocates of torture in the Bushadministration now reside in California: former Justice Departmentlawyer John Yoo is a law professor at UC Berkeley; hiscounterpart at the Justice Department, Jay Bybee, is a 9th Circuitjudge; and former Department of Defense General Counsel,William Haynes, is working for the Chevron Corporation inSan Ramon. Our chapter continues to work in coalition with anumber of activist organizations to see that these men are heldaccountable for their illegal and immoral actions.C.A.T. Pressured UC Berkeley Law School to InvestigateJohn YooOur chapter’s Committee Against Torture (C.A.T.) beganpressuring the administration at UC Berkeley over a year ago.Our request to Chancellor Robert Birgeneau read: “we herebyurge you to initiate an investigation into whether ProfessorYoo’s ‘outside professional conduct,’ as an attorney of theU.S. Justice Department’s Office of Legal Counsel, violatedthe Faculty Code of Conduct as set out in the University ofCalifornia Academic Personnel Manual.”Birgeneau’s response: For activities outside of theUniversity, principles of academic freedom “require far morethan assertion or allegation. They require a ‘conviction,’presumably by a competent legal authority rather than thecourt of public opinion.” He referred to a letter previouslypublished by law school dean Christopher Edley that restedlargely on the same assertion.By March of this year, however, Edley and others werebacking away from the “conviction” threshold. As the ContraCosta Times reported: “But some, including Berkeley lawDean Christopher Edley and a top faculty leader, have saidthey could punish Yoo regardless of whether he is tried andconvicted in a court. ‘A criminal conviction is not necessary,’said Christopher Kutz, a law professor and vice chairman ofthe UC Berkeley Academic Senate.”Meanwhile the NLG student chapter at Berkeley confrontedthe fact that Professor Yoo was teaching one of onlytwo required civil procedure sections initially offered by thelaw school. Students spearheaded a petition drive and wereable to get 74 signatures from students in two days to forcea change in the fall semester line up, demonstrating to theadministration that students would rather not learn about thelaw from war criminals.Bybee Authorized Waterboarding and Was Rewardedwith Federal JudgeshipJay Bybee now sits as a federal judge in the 9th Circuit.While serving as Assistant Attorney General at the Office ofAttorney Sharon Adams speaks at a rally in front of the 9thCircuit Court in San Francisco. Photo by of Carlos Villarreal.Legal Counsel, Bybee wrote a memo authorizing waterboarding.He specifically stated: “The waterboard, which inflicts nopain or actual harm whatsoever, does not, in our view inflict‘severe pain or suffering’ [sufficient to violate the statute.] . . .The waterboard is simply a controlled acute episode, lackingthe connotation of a protracted period of time generallygiven to suffering.” Bybee, in writing this sentence, showedhis extreme unfitness to be a federal judge because the statutereads: “pain and suffering.” Bybee deliberately or negligentlymisread the statute to weaken its meaning in order to pushforward his extreme view that waterboarding did not constitutetorture.Federal judges have lifetime tenure, and may only beremoved by an impeachment proceeding through Congress.Impeachment is a daunting political task, particularly withmost in Washington dead set against holding the Bush criminalsaccountable. But we’ve decided to get the ball rollingthrough a complaint with the 9th Circuit. Such a complaintcould result in, among other things, a recommendation ofimpeachment.The C.A.T. is working on a complaint, but an activist andfriend of our committee submitted her own complaint on anational day of action against torture this June. That complaintstates that Bybee “has ‘engaged in conduct prejudicialto the effective and expeditious administration of the businessof the courts,’ and ‘was confirmed by the Senate without theirknowledge of his misconduct, which had it been revealedto the Senate Judiciary Committee would very likely haveresulted in non-confirmation to the Ninth Circuit ...’”▪ 8 ▪
<strong>National</strong> WorkNLG-SF Files Complaint Against Haynes with CaliforniaState BarYoo may be a professor in California and Bybee a judge,but William Haynes is the only one of the three who hasany connection with the California state bar. He is officially“registered in-house counsel”—a designation that allows himto practice law only for the corporation he works for and onlyin-house. He is not required to take the bar exam, but he mustfile an Application for Determination of Moral Character,complete Continuing Legal Education requirements, and otherwisefollow all the same rules that California lawyers mustfollow.While with the Department of Defense, Haynes wrote amemo for Donald Rumsfeld urging approval of a number ofinterrogation techniques at Guantanamo Bay including theuse of stress positions, forced nudity and extreme isolation.The memo was rescinded in less than two months due toobjections by military lawyers. Haynes continued to advocatevigorously for torture and inhumane interrogation techniques,ignoring objections from a number of other officials and forcinga working group of military lawyers to accept John Yoo’slegal work as controlling authority.We filed a complaint with the State Bar in March stating:“The State Bar must uphold ethics and the rule of law, andrepudiate Mr. Haynes’ actions that resulted in actual torture.”We asked for an investigation of Mr. Haynes, that his statusas “registered in-house counsel” be revoked or that he beotherwise disciplined. Our complaint was closed withoutprejudice but we have requested a review from the StateBar’s Audit and Review Unit.With the help of our partner organizations we alsolaunched a campaign to have others file their own complaints.Using a concise template, we encouraged others to sign andsend us their own complaints and as of July, we had collectednearly 150, which we are forwarding on to the State Bar.The various documents and other information onC.A.T.’s anti-torture work may be found at nlgsf.org/committees/againsttorture.php.As a single chapter in an organizationof legal professionals committed to human rights, we feel thiswork fits perfectly into our mission and is within our capabilities.We’re focusing on the lawyers living and workingin California. We’re lodging complaints with the state bar,at law schools, and with federal courts. Our hope is that thiswork will serve as a deterrent against torture and abuse ofpower in the future. □Fair Trade Certified TMOrganic ChocolateLocal New MexicoIngredientsWe can ship 3 or more bars to you!For more information: nmelc.org | 505.989.9022 | nmelc@nmelc.org▪ 9 ▪