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Greg P H
02-12-2008, 12:11 AM
Even when bush goes, this guy will still be around



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US judge steps in to torture row
The most outspoken judge on the US Supreme Court has defended the use of some physical interrogation techniques. Justice Antonin Scalia told the BBC that "smacking someone in the face" could be justified if there was an imminent threat.
"You can't come in smugly and with great self satisfaction and say 'Oh it's torture, and therefore it's no good'," he said in a rare interview.
He also accused Europe of being self-righteous over the death penalty.
Justice Scalia is known as the most acerbic member of the Supreme Court, and is often described as the most conservative of the court's judges.
Pain infliction
In the interview with the Law in Action programme on BBC Radio 4, he said it was "extraordinary" to assume that the ban on "cruel and unusual punishment" - the US Constitution's Eighth Amendment - also applied to "so-called" torture.




"To begin with the constitution... is referring to punishment for crime. And, for example, incarcerating someone indefinitely would certainly be cruel and unusual punishment for a crime." Justice Scalia argued that courts could take stronger measures when a witness refused to answer questions.
"I suppose it's the same thing about so-called torture. Is it really so easy to determine that smacking someone in the face to determine where he has hidden the bomb that is about to blow up Los Angeles is prohibited in the constitution?" he asked.
"It would be absurd to say you couldn't do that. And once you acknowledge that, we're into a different game.
"How close does the threat have to be? And how severe can the infliction of pain be?"



Full Story

Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/2/hi/americas/7239748.stm

Published: 2008/02/12 04:02:35 GMT
BBC MMVIII

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I guess he forgot about the right to remain silent. So he's saying beating on you until you talk is ok, but it's not torture until you're convicted?

Tanbark Spanker
02-12-2008, 01:13 AM
Everybody knows Scalia has sworn a blood oath to the Black Pope.

Greg P H
02-12-2008, 01:33 AM
Well I just looking, and that's all the attention as I care to give to that drama. Not part of my world.

'The wolf you feed' and all that.

Tylerdurden
02-12-2008, 07:12 AM
Man we have a heavy price to pay.........................don't look now.

Bob Cleek
02-12-2008, 11:50 AM
While his vote is often not what I'd like, the fact remains that Scalia is one of the most brilliant minds on the Supreme Court and one of the Court's most entertaining writers. Nobody can take that away from him. If the liberal block had the same brainpower, there might be some counterbalance, but there's not. Then, too, the more liberal positions are often intellectually indefensible, which is why Scalia always looks like he's having the most fun.

George Roberts
02-12-2008, 12:28 PM
The constitution is more of a guideline ...

Tylerdurden
02-12-2008, 04:58 PM
The constitution is more of a guideline ...

Funny, Where I come from its the law of the land. I must be living in occupied territory.

Kaa
02-12-2008, 05:03 PM
Funny, Where I come from its the law of the land. I must be living in occupied territory.

Every Constitutional Law class in all law schools begins with "The Constitution says what the Supreme Court says it says" :D

Kaa

George Roberts
02-12-2008, 05:20 PM
Funny, Where I come from its the law of the land. I must be living in occupied territory.

Ignoring the obvious fact that the Supreme Court decides what the words means ...

The Constitution is a set of rights WE GIVE to each other. They are not rights OTHERS DEMAND.

It is reasonable that "we" and "others" might disagree about what is being given and to whom.

I believe Mr. Scalia was offering a self defense argument. Such an argument has always been supported by law.

Lion
02-12-2008, 05:51 PM
GR - off topic, but 'nice' postscript. So you are going to be one of the 6 million survivors? Are you going enter a state of rapture?

Man, you are crazier than a bedbug.

Meanwhile , back at the Supreme Court ......

Lion