Frequently Asked Questions

Why has the Bybee Legal Expense Fund been created?

The Fund has been established to help Judge Jay S. Bybee pay costs and expenses he is incurring or may incur in connection with any claims, investigations or proceedings relating to his service as Assistant Attorney General for the Office of Legal Counsel in the U.S. Department of Justice, including his participation in analyzing “enhanced interrogation” techniques, or his service on the U.S. Court of Appeals for the Ninth Circuit, as more fully described in the Declaration of Trust dated as of July 15, 2009, which is available to be downloaded.

Has the Fund been formed in compliance with applicable law?

The Fund has been established as an irrevocable trust under the laws of the Commonwealth of Virginia. It has been structured and the Trustees are required to operate it in compliance with all applicable laws, regulations and codes of ethics, including the Code of Conduct for United States Judges, as interpreted by an opinion dated May 8, 2009 from the Committee on Codes of Conduct of the Judicial Conference of the United States.

What will my donation be used for? Can my donation be used for any other purpose?

The Trustees are required to use donations exclusively for the purpose described above, including reasonable administrative expenses in carrying out that purpose.

Do the Trustees receive compensation for their services?

The Trustees are entitled to reasonable compensation, but each of the Trustees has waived its right to compensation for services under the Trust.

Is my donation tax deductible?

No, donations to the Bybee Legal Expense Fund are not tax deductible.

Will my donation be subject to federal gift tax?

Donations to Judge Bybee either directly or through the Fund in excess of the available federal gift tax annual exclusion (for 2009 this amount is generally $13,000 per donor) may be subject to gift tax. Annual donations per donor below this amount should not be subject to federal gift tax.

Will my name or the amount of my donation be disclosed to Judge Bybee or to the public?

In order to comply with the Code of Conduct for United States Judges, as interpreted by an opinion dated May 8, 2009 from the Committee on Codes of Conduct of the Judicial Conference of the United States, the Trustees are not permitted to disclose your identity to Judge Bybee, either directly or indirectly through public disclosure.

Are the Trustees permitted to reject or return any contribution?

Yes, the Trustees may reject or return any contribution if they determine that it would be in the best interest of Judge Bybee to do so.

In addition, to the extent necessary for Judge Bybee to comply with the Code of Conduct for United States Judges, the Trustees may reject or return contributions from any:

attorney who regularly appears before Judge Bybee;
person whose interests have or are likely to come before Judge Bybee;
person whose interests may be substantially affected by the performance or nonperformance of Judge Bybee’s official duties as a judge;
person who has sought or is seeking to do business with Judge Bybee’s court; or
person other than a United States person, as defined in the Internal Revenue Code.

If the Trustees determine that it would be impracticable or excessively expensive to return any such contribution, the Trustees may donate such contribution to a tax-exempt charity of their choice.

Will I receive confirmation that my donation has been received?

If you provide the Trustees with a valid email address at the time you make your donation, the Trustees will endeavor to send you confirmation at your email address that your donation was been received.