On Wednesday, Feb. 13th, attorneys will present oral arguments in the infamous Fajitagate case before the U.S. Circuit Court of Appeals in a special hearing at UC Berkeley's Boalt Hall. In a motion filed last week, plaintiff's attorney Dennis Cunningham asserted that Jay S. Bybee, one of three judges on the panel, cannot be fair because of his involvement in authorizing the Bush Administration's torture policies. On Feb. 8th, Bybee denied the motion for recusal without comment.

Fajitagate plaintiffs Jade Santoro and Adam Snyder are challenging the dismissal of their federal civil rights claims over a 2002 incident, when they were attacked and beaten by three off-duty San Francisco police officers, including the son of Asst. Chief Fagan.

Also in 2002, then Assistant Attorney General Bybee signed a Department of Justice memo narrowing the definition of torture to only methods that cause "death, organ failure or the permanent impairment of a significant body function," seemingly ignoring the many forms of torture which do not cause such severe permanent injury.

On Feb. 1, 25 Yale law students stood during a Bybee speech on campus, covering their heads with black trash bags in imitation of hooded military prisoners.

The special court session will begin at 9:30 a.m. in Booth Auditorium. Boalt Hall is located at Bancroft Way and College Avenue. A photo ID will be required to enter the courtroom.

Read more | Court filings | Feb. 12th motion to reconsider recusal