The NYT reports that former OLC head Jay Bybee, who is now a judge on the U.S. Court of Appeals for the Ninth Circuit, released a statement in response to media reports that he regretted his role in drafting and approving some of the infamous "torture memos":
Judge Bybee said he was issuing a statement following reports that he had regrets over his role in the memorandums, including an article in The Washington Post on Saturday to that effect. Given the widespread criticism of the memorandums, he said he would have done some things differently, like clarifying and sharpening the analysis of some of his answers to help the public better understand the basis for his conclusions.
But he said: "The central question for lawyers was a narrow one; locate, under the statutory definition, the thin line between harsh treatment of a high-ranking Al Qaeda terrorist that is not torture and harsh treatment that is. I believed at the time, and continue to believe today, that the conclusions were legally correct."
Other administration lawyers agreed with those conclusions, Judge Bybee said.
"The legal question was and is difficult," he said. "And the stakes for the country were significant no matter what our opinion. In that context, we gave our best, honest advice, based on our good-faith analysis of the law."
Interestingly, the NYT story also includes the following statement from one of Judge Bybee's colleagues on the Ninth Circuit, Judge Betty Fletcher:
"He is a moderate conservative, very bright and always attentive to the record and the applicable law. I have not talked to other judges about his memo on torture, but to me it seems completely out of character and inexplicable that he would have signed such a document."