Who is he? He's Jay S. Bybee, a federal judge on the U.S. Court of Appeals for the 9th District, and he is not entitled to be sitting behind the bar of justices -- he ought to be behind bars. It was Bybee, along with area man John Yoo, who came up with the tortured explanations for the United States to torture terror suspects, a violation of American and international laws and a black stain on America's reputation.
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 Intelligence Agency for having doctors ready to perform an emergency tracheotomy if necessary.
It's not clear whether Bybee will ever get his day on the appropriate side of the courtroom, not when President Obama calls this "a time for reflection, not retribution," which is what I plan to tell the officer the next time I'm pulled over for a traffic violation. But the American people, and our elected representatives, have another option, and that is the option of impeachment -- something that Congress needs to initiate immediately.