Scalia (that, purported, paragon of, "originalism" who never saw a constitutional precept that didn't, conveniently, support his worldview) was at a panel on tortue and terrorism.
A Canadian justice said, “Thankfully, security agencies in all our countries do not subscribe to the mantra ‘What would Jack Bauer do?’”
To which Scalia replied, The
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Nevertheless, I cite Brian Ross, who interviewed contacts in the CIA - contacts opposed to torture, who called the information "actionable" (that is, more than just "smoke and mirrors"). Was Brian Ross lying or deluded? Were the CIA contacts lying or deluded?
I've linked elsewhere to a piece in the New York Times, in which torture yielded actionable, indeed life-saving, information. Was the reporter lying or deluded?
These are two cases which I've basically tripped over in the news. I've not been hunting for them, they just turned up. I submit they are the tip of the iceberg.
Now remember, your "utilitarian argument" is based on the premise that torture never works. You never qualify that statement ( ... )
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I am not willing to be placed under arrest when I have committed no crime and there is no plausible evidence that I have, therefore I do not consent to other people being arrested under those circumstances. Is that too absolute for you?
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He held out for six hours. In the same situation, I would hope to hold for longer - at least long enough for my lawyer to get there.
By Terry's standards, this is torture. His complete lack of reaction to this incident speaks volumes to me. He's perfectly willing to scream about theoretical torture in a legal conference, but he has no time for real torture in his back yard.
As long as we're throwing hypotheticals around, if an Al Qaeda team grabbed you off a street, blindfolded you, transported you somewhere random, and tortured you in order to get you to tape statements denouncing your country (or just for the hell of it, because you're an infidel), how long do you think you could hold out ( ... )
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