Dear Congressman Teague,

I am taking the time to write you today about a critical issue for the rule of law in the United States of America. Judge Bybee was appointed to the Ninth Circuit Court of Appeals by George W. Bush. Prior to his confirmation to the Ninth Circuit bench, he worked in the United States Department of Justice as Assistant Attorney General in the Office of Legal Counsel (OLC).

While employed at the OLC, Judge Bybee wrote a memorandum to John Rizzo (General Counsel of the Central Intelligence Agency [CIA]) dated August 1, 2002 concerning the use of so-called enhanced interrogation techniques for Abu Zubaida, then held prisoner by the Central Intelligence Agency at an undisclosed location.

The Rizzo memorandum told the CIA that certain enhanced interrogation techniques were legal to use against Mr. Zubaida. Two of the techniques approved as legal under US law by Mr. Bybee were water-boarding and enclosure in an isolation box with insects. According to the memorandum, Mr. Zubaida was known to fear insects.

Water-boarding has been established as torture for a very long time. The United States prosecuted Japanese interrogators who had water-boarded American prisoners-of-war as war criminals. The prosecutions were based (in part) on the theory that water-boarding constitutes torture, which is a war crime.

Mr. Bybee’s approval of locking Mr. Zubaida in an isolation box with one or more insects may not have international legal recognition as an act of torture, but I submit that it has been recognized as torture. In his dystopic novel 1984, George Orwell eventually sends Winston Smith to Room 101 of the Ministry of Love. Room 101 is the most feared place in the Ministry. Smith has a deadly fear of rats, and he is shown a cage filled with hungry rats, which was to be strapped to his head.

Perhaps the adjective Orwellian is over-used, but I do not believe that any other adjective can describe Mr. Bybee’s act in declaring such treatment in accordance with U.S. law. Have we descended to the point where we are no better than the fascists Orwell described in 1984?

The Constitution of the United States of America is clear on several issues. One of them is that the terms of ratified treaties are the law of the land. The United States is a signatory to the Geneva Conventions, the treaty was ratified by the United States Senate. The Conventions prohibit torture of prisoners of war. The United States Code also prohibits torture in 18 USC Section 2340.

The power of impeachment lies in the United States House of Representatives. The Constitution provides that Federal officials shall be subject to impeachment for high crimes and misdemeanors.

At the time of writing the Rizzo memorandum, Mr. Bybee was the Federal official charged with providing legal advice and interpretation to the Executive Branch. In that position, it was Mr. Bybee’s duty to see to it that the laws of this country were faithfully followed by the Executive. Instead, he advised an important Executive agency that torture is legal. He gave the answer the CIA wanted, rather than the answer they needed: you may not torture Mr. Zubaida.

Now this ethically-challenged man has a position of honor and respect in our legal community, sitting in judgement over our fellow citizens. Regardless of the actions taken or not taken by the Department of Justice, it is your responsibility as a Member of Congress to bring about an investigation into Mr. Bybee’s actions as Assistant Attorney General for the Office of Legal Counsel. After investigation, if you find (as I believe you will) that his actions clearly rise to the level of crimes against the Constitution, it is your duty to impeach him.

I fully understand that there are many critical issues facing our nation and the world. Believe me that this is one of those critical issues: removal of Jay Bybee from office and permanent banishment from any position of trust or honor under the United States must be handled immediately.

Thanks for your attention, and your service to the Second Congressional District of New Mexico.