Accidental Blogger

Does anybody who has been watching/reading the news more carefully than I have lately know if there's any serious talk about impeaching Jay Bybee? 

Just curious.  With the most recent release of torture memos, I'm sure there's increased chatter regarding the possibility that John Yoo — and, a fortiori, Jay Bybee — is a war criminal. 

And actually, double bleg: if there is talk about impeaching Bybee, is anyone aware of doubts being raised as to whether he can be impeached? 

I'm curious about this last one because Bybee is a federal judge, which means that Article III of the U.S. Constitution gives him life tenure "during good behavior."  Compare the President, who is removable under Article II for "high crimes and misdemeanors."  My knee-jerk reaction to the text is to say that this is a relevantly different standard.  Committing war crimes would surely be a high crime or misdemeanor, and indeed, "good behavior" sets the bar lower here.  Behave badly and the Congress can remove you.  But the word "during" suggests a temporal element, so that you must behave badly while a federal judge.  If I'm right, Judge Bybee can't (constitutionally) be removed because he committed war crimes while a DOJ lawyer — he would actually have to be tried and convicted, in which case he wouldn't be able to fulfill his judicial responsibilities.