Rep. Jerrold Nadler (D-NY) has approached the state bars where John Yoo and Jay Bybee are licensed and has asked for their consideration of disbarment proceedings.

Nadler proposes,

These states do not need a referral from the Department of Justice in order to interpret and enforce the standards of professional responsibility and ethics against their members.

However, Georgetown Law Professor David Luban’s post at Slate says that this is a very iffy proposition.

This morning a Tehran Parliamentary probe found a former Tehran prosecutor accountable for the deaths of at least three anti-government protesters who were being detained.  The deaths were caused by torture the protesters endured while being imprisoned for disputing Iran’s recent elections.

Saeed Mortazavi was the Tehran prosecutor in charge of the prison where the deaths occurred and therefore responsible for the torture used there.  The probe results said that Mortazavi personally ordered the protesters be taken to Kahrizak, a prison known for prisoner abuse. The feared Mortazavi led interrogations of dozens of reformists arrested and put them on trial after the controversial June election.

Iran’s judiciary has also charged 12 prison officials, three specifically with the crime of murder, because of their involvement in the torture that lead to the protesters deaths.

If Iran can begin to hold its officials accountable for the torture it imposes on its prisoners, then why can’t the United States hold our own government officials accountable for their actions and blatant disregard for the human rights violations committed against US detainees?

Stand up for torture accountability.  Sign our letters calling for full accountability and join our campaign to disbar the torture lawyers.

Law & Order’s premiere episode this season comes out swinging at the Bush Administration.  Law & Order has always been known for ripping it stories from the headlines and this time is no different.

The opening episode of the season, “Memo from the Dark Side,” starts with the murder of a war veteran and takes us on a journey that leads to a former Bush Department of Justice lawyer, now a professor, as the main target for prosecution.  Jack McCoy and the District Attorney’s office on the show unearth a Department of Justice memo that more or less spells out how to torture people and avoid prosecution.

Jack McCoy indicts the former torture lawyer and the entire chain of command in the Department of Justice right up to Vice President Dick Cheney.

“Jack, you want to prosecute a member of the Bush administration for assaulting suspected terrorists?”

“The word is ‘torturing.’ And yes—it’s about time somebody did.”

Video of the episode is not currently available online, but keep your eye out for it in reruns.

• 9/18, After Downing Street, Bill of Rights Defense Committee Seeks Your Assistance to Investigate Torture - Especially CA, NY, PA, TX, DC
• 9/18, Ryan Paul, Ars Technica, JUSTICE Act would roll back telecom wiretap immunity
• 9/18, Independent Political Report, Bob Barr Praises Russ Feingold’s USA Patriot Reform Bill
• 9/18, Daphne Eviatar, Washington Independent, Another Victory for Gitmo Prisoner: Score Is Detainees 30, U.S. 7
• 9/17, Gwendolyn Craig, Daily Campus (University of Connecticut), Constitution day talk focuses on civil liberties
• 9/17, Julian Sanchez, Cato at Liberty, A Chance to Fix the PATRIOT Act?

Over the past several months, the Bill of Rights Defense Committee (BORDC) and its supporters and allies across the country have demanded a complete and thorough investigation of alleged torture and prosecution of all former and current officials involved. Thank you for adding your voice to the chorus demanding accountability throughout the chain of command.

We are pleased to note that your efforts have borne some fruit: on August 24, Attorney General Eric Holder responded to these and other efforts by announcing the appointment of prosecutor John Durham to conduct a limited inquiry. While the Justice Department’s pursuit of accountability is welcome, the investigation is unfortunately limited. Durham’s mandate extends only to junior officials who allegedly strayed beyond interrogation techniques approved by senior officials—effectively immunizing those who authorized torture in the first instance and reinforcing the supposed legality of the policies themselves.

A limited inquiry that includes only scapegoats—therefore providing immunity to senior officials who bear the greatest responsibility—is not enough. Justice demands a full investigation and prosecution wherever the evidence merits. We continue to press for formal investigation and prosecution: we are currently seeking lead counsel for a mandamus action aiming to compel prosecution as a non-discretionary obligation required by international law.

Today, BORDC and the People’s Campaign for the Constitution’s legal professionals group launched a series of sign-on letters seeking disbarment of officials who authorized torture. The letters demand a robust and thorough investigation of the lawyers in question and offer a chance for all concerned to raise their voices in favor of a private sector check on crimes committed by senior executive officials. If bar associations take these complaints seriously rather than dismissing them prematurely, their findings may help to support formal prosecution throughout the chain of command.

As you know, assaults on the rule of law continue under the Obama administration. Holding executives accountable for their actions is a critical part of restoring respect for justice.

Add your voice to our call for executive accountability and to restore the rule of law. If inspired, please also share this information with like-minded friends, colleagues, and classmates. We’ll deliver the letters to the appropriate state bar associations and keep you updated about the results.

Over the past several months, BORDC supporters have repeatedly raised their voices to call for the appointment of a special prosecutor to investigate allegations of torture and prosecute all officials involved.  BORDC launched an email campaign in April, and, on behalf of thousands of concerned Americans who signed them, submitted a series of letters in June to Attorney General Eric Holder and Senate Intelligence and Judiciary Committees demanding accountability. This Monday, Holder responded to these and other efforts by announcing the appointment of special prosecutor John Durham to investigate torture of detainees while in U.S. custody.

While BORDC is pleased that Attorney General Holder has heeded calls for accountability, we are disappointed in the artificially narrow scope of the investigation. Durham will selectively investigate fewer than a dozen cases among many more potential violations, and will examine the actions of only CIA interrogators, not senior officials who authorized torture policies. A limited inquiry that includes only scapegoats—effectively providing immunity for senior officials who bear the greatest responsibility—is simply not enough. In fact, by conferring false legitimacy on officially approved techniques, a limited investigation could be worse than none at all. Justice demands a full investigation, not this limited “preliminary” inquiry.

If the Obama administration will not hold those who authorized torture accountable, private citizens must take action. That is why, in addition to demanding a formal investigation and potential prosecution, BORDC is also supporting ethics complaints in state bar associations around the country seeking the disbarment of government lawyers who provided legal arguments in support of torture—including John Yoo, William Haynes, David Addington, and others. Sign a letter demanding a robust investigation by state bar associations today, and check back in the coming weeks; letters to more state bar associations are coming soon.

America’s reputation abroad; the safety and human rights of our soldiers, civilian contractors, and others; our credibility as an international human rights leader; and the legitimacy of our own criminal justice system all depend on keeping our commitments to the Geneva Conventions and United Nations Convention Against Torture, which require prosecution of all those responsible for torture as a matter of law.

To help restore the rule of law, please consider supporting BORDC’s work with either time or resources. Join us in demanding that no one, not even senior U.S. officials, enjoy immunity from investigation and potential prosecution for enabling torture.