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Home Front: WoT
Scalia accepts infliction of pain to get key information
2008-02-15
LONDON -- U.S. Supreme Court Justice Antonin Scalia said in a radio interview broadcast Tuesday that interrogators can inflict pain to obtain critical information, such as the location of a bomb about to explode or the plans or whereabouts of a terrorist group. "It seems to me you have to say, as unlikely as that is, it would be absurd to say you couldn't, I don't know, stick something under the fingernail, smack him in the face. It would be absurd to say you couldn't do that," Scalia told the BBC's "Law in Action" program.

Scalia said that determining when physical coercion could come into play was a difficult question. "How close does the threat have to be? And how severe can the infliction of pain be? I don't think these are easy questions at all, in either direction," he said.
He's right, it's not easy, but watch the pomos go nuts.
Scalia, visiting London during a break in the court's calendar, referred generally to those methods as "so-called torture," and said practices prohibited by the Constitution in the context of the criminal justice system -- including indefinite detention -- are readily allowed in other situations, such as when a witness refuses to answer a question in court.

"I suppose it's the same thing about so-called torture," he said. "Is it really so easy to determine that smacking someone in the face to find out where he has hidden the bomb that is about to blow up Los Angeles is prohibited by the Constitution?

"Is it obvious, that what can't be done for punishment can't be done to exact information that is crucial to the society? I think it's not at all an easy question, to tell you the truth."

Scalia said Europeans had no business "smugly" decrying those techniques as torture. Europeans get really quite self-righteous, you know, [saying,] 'No civilized society uses it.' They used it themselves -- 30 years ago," he said, maintaining that a majority of Europeans probably supported capital punishment.

Scalia also took issue with his "tough guy" reputation, saying he would have had trouble navigating the Supreme Court nomination process as it exists today with his feelings intact. "I'm very tender," he said.
Posted by:

#7  Aren't these that same guys that also practiced such civilized forms of punishment as dis-emboweling, drawing and quartering, imprisoned inside an iron cage. These guys and they say waterboarding is bad???
that's OK, they have to deal with food called Spotted Dick; over here we see a doctor instead of a waitress.
Posted by: USN,Ret.   2008-02-15 13:49  

#6  Â“Scalia said Europeans had no business "smugly" decrying those techniques as torture. Europeans get really quite self-righteous…”

He then went on to sayÂ…

“…and those powdered wigs your Barristers wear look kinda gay.”
Posted by: DepotGuy   2008-02-15 09:39  

#5  "Europeans get really quite self-righteous, you know"
Yeah, and sometimes it gets them pooplisted.
Posted by: Darrell   2008-02-15 09:33  

#4  [Aris Katsaris has been pooplisted.]
Posted by: Aris Katsaris   2008-02-15 07:43  

#3  "I'm very tender," he said.

Am I the only one reminded of "You broke my heart, Freddy! You broke my heart!"
Posted by: g(r)omgoru   2008-02-15 06:33  

#2  "It seems to me you have to say, as unlikely as that is, it would be absurd to say you couldn't, I don't know, stick something under the fingernail, smack him in the face, deprive him of sleep, sunlight, food, Oprah, DNC party news, make him listen to the Christian Broadcast Network (CBN) - 700 Club, etc. It would be absurd to say you couldn't do that," Scalia told the BBC's "Law in Action" program.
Posted by: Besoeker   2008-02-15 04:55  

#1  tony scalia--maybe related to gaspipe casso--eyetyes know how to bust omerta--its in the dna--jeez the three stooges inflicted more pain on each other than russ feingold wants to bitch slap moozie rage boys
Posted by: SON OF TOLUI   2008-02-15 00:13  

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