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Is Jay Bybee The Forgotten Man?

Jeffery Toobin says he is, complaining that unlike John Yoo, Bybee, an author of the torture memos who's now a judge on Ninth Circuit Court of Appeals, "has never answered questions about them, has never had to defend his conduct, has never endured anywhere near the amount of public scrutiny (and abuse) as Yoo." That's all true, and I'll certainly grant that Yoo has drawn more criticism than Bybee, probably because Yoo's a law prof at Berkeley and someone who's intent on maintaining a high profile, in contrast to Bybee, who's a federal judge (i.e. not someone who has a lot of lefty academic colleagues eager to strip him of tenure) and doesn't pen op-eds for the Wall Street Journal. But Toobin writes as if he's the only person who remembers the Bybee or, as he calls him, "the forgotten man in torture studies of the Bush era." I guess Toobin doesn't count the front page Washington Post article revealing Bybee's memo offering justifications for torture; the PBS report that calls the "torture memo" the "Bybee memo"; or Bruce Ackerman's article for Slate entitled Impeach Judge Jay Bybee. Seems like plenty of people are like Toobin and haven't exactly forgotten Bybee.

--Jason Zengerle