Wednesday, February 13, 2008

Scalia's Bizzare Little World

Supreme Court Justice Antonin Scalia made some public comments yesterday that should send a chill down anyone's body. It is his stated belief that while there may be a limit on the type of treatment a convicted individual may endure, such protections do not apply to suspects. As such, he foresees where methods such as water boarding would not be unconstitutional so long as the person isn't covered by the protections afforded. Here are the words right from the horse's ass:

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?"

Ouch!

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