Friday, April 17th, 2009

Judge Bybee on “Severe Mental Pain”

9th Circuit Judge Jay Bybee’s August 1, 2002, memo on torture, written when he was employed by the Department of Justice’s Office of Legal Counsel, concludes that “severe mental pain or suffering” requires pain for “months or years.” 
Although the waterboard constitutes a threat of imminent death, prolonged mental harm must nonetheless result to violate the statutory […]