for his impeachment or resignation. Bybee and five others, known as the "Bush Six", were the subject of a war crimes investigation in Spain, but the government decided against prosecution in 2011. A memo declassified in 2012 indicates that some in the Bush State Department believed that the methods were illegal under domestic and international law, and constituted war crimes. Secretary of State Colin Powell strongly opposed the invalidation of the Geneva Conventions, and U.S. Navy general counsel Alberto J. Mora campaigned internally against what he saw as the "catastrophically poor legal reasoning" of the memo. Philip D. Zelikow, former State Department adviser to Condoleezza Rice, in 2009 testified to the Senate Judiciary Committee studying the matter, "It seemed to me that the OLC interpretation of U.S. constitutional law in this area was strained and indefensible. I could not imagine any federal court in America agreeing that the entire CIA program could be conducted and it would not violate the American Constitution." Zelikow also alleged that Bush administration officials attempted to destroy his memos alleging fault in Bybee's reasoning. Human Rights Watch and The New York Times editorial board have called for the prosecution of Bybee for "conspiracy to torture as well as other crimes". Office of Professional Responsibility investigation In July 2009, after a five-year inquiry, the Office of Professional Responsibility released a report, later modified by the Justice Department, saying Bybee and his deputy John Yoo committed "professional misconduct" by providing legal advice that was in possible violation of international and federal laws on torture. The OPR initial report recommended that both Bybee and Yoo be referred to the bar associations of the states where they were licensed for further disciplinary action and possible disbarment. The final recommendations in the report were overruled by Associate Deputy Attorney General David Margolis, who examined the OPR report and wrote that Bybee and Yoo had used "poor judgement" but did not "knowingly or recklessly provide incorrect legal advice or ... provide advice in bad faith." Margolis's decision not to refer Yoo and Bybee to the bar for discipline was criticized by numerous commentators. Federal judicial service Bybee was first nominated to the United States Court of Appeals for the Ninth Circuit, the largest U.S. appellate court, on May 22, 2002. The Senate recessed for mid-term elections without acting on the nomination, which was "returned without action" in November 2002 under Senate