9th Circuit Court of Appeals Judge Jay Bybee is among the 6 Bush officials named in the Spanish criminal investigation of torture accusations. The investigating judge, Baltasar Garzon, is the same magistrate who went after Chile's ex-dictator Augusto Pinochet along with former Secretary of State Henry Kissinger for war crimes. Kissinger complained about this attack to his pal Rumsfeld who, according to Phillippe Sands, "...was already worrying about 'lawfare' (the use of law to achieve operational objectives). Rumsfeld instructed the chief lawyer at the Pentagon, Jim Haynes, to address the problems posed by this 'judicialisation of international politics.' " William J. "Jim" Haynes, II is also a member of the indicted Bush officials in the Spanish case.
Senate Majority Leader Harry Reid is opposing the call for Bybee's impeachment. Reid's office states,"Judge Bybee has a good professional reputation in Nevada... While the memos that have been released are disturbing to Sen. Reid, at this point in time, he doesn't think we should be making a rush to judgment. The Department of Justice's Office of Professional Responsibility is reviewing this matter and he will wait to see what they have to say before making a decision."