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Old 02-12-2008, 07:45 PM   #1 (permalink)
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US judge Scalia on 'so-called torture'

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US judge Scalia on 'so-called torture'

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Wire Top Stories - US judge Scalia on 'so-called torture' - sacbee.com
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Excerpt

LONDON -- One of the United States' top judges said in an interview broadcast in Britain on Tuesday that interrogators can inflict pain to obtain critical information about an imminent terrorist threat.

Supreme Court Justice Antonin Scalia said that aggressive interrogation could be appropriate to learn where a bomb was hidden shortly before it was set to explode or to discover 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 British Broadcasting Radio Corp.
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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 told the BBC's "Law in Action" program.

U.S. interrogation techniques, including waterboarding, have been the subject of growing debate in the United States, and could play a role in the military trials of six men charged in connection with the Sept. 11, attacks. The issue also could find its way to the Supreme Court.

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 in the interview. "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, a judicial icon among American conservatives, an acerbic wit and often abrasive personality, said Europeans had no business "smugly" decrying those techniques as torture. Earlier in the interview he also faced down criticism of the U.S. death penalty.

"Europeans get really quite self-righteous, you know, (saying) 'no civilized society uses it.' They used it themselves - 30 years ago," he said, adding that a majority of Europeans probably supported capital punishment anyway.

Scalia said that neither he nor any of the eight other Supreme Court justices who collectively make up the United States' highest court should be seen as setting the moral tone for the international community.

"I don't look to their law, why do they look to mine?" he said.

"We don't pretend to be Western mullahs who decide what is right and wrong for the whole world," he said in the broadcast.

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.

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Comment:

What else can be said...............

Torture is ok......... Who would of thunk it....
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Old 02-12-2008, 08:30 PM   #2 (permalink)
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GOOD GOD! WTF? Isn't he supposed to keep his BIG FAT MOUTH SHUT on issues that may come before the Court?!? And this surely will. Jeez! I'm going to have to do some research on whether he should be commenting on this. I'm SHOCKED!
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Old 02-12-2008, 08:51 PM   #3 (permalink)
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The reasonings of a fool. When you torture another, you create a chain-reaction which will, in a reciprocating fashion, return to you (also called 'karma').

We all live together. When the music executive takes more money in exchange for worse music, every music listener suffers; everyone affected by their suffering suffers; everything affected by the suffering of the suffering sufferers suffers even further; so on, and so forth.
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Old 02-12-2008, 11:52 PM   #4 (permalink)
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Old 02-13-2008, 09:26 AM   #5 (permalink)
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Thnx............

That was a great movie...............

I watched it last week on link tv...............

Given what he has said how would this have applied during ww2, Korea or Vietnam.............????

There is always a threat of someone dying........... Your friends, comrades, allies........ etc.......

If they catch some kid stealing the hub cabs off an army SUV in Bagdad they really don't know what he does know........ I guess now they can find out........

Just assume the worst possible scenario you can come up....... & run w/ it or should I say water w/ it............
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Old 02-13-2008, 12:16 PM   #6 (permalink)
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"I don't look to their law, why do they look to mine?" he said.

Mine?
mine.
MINE!!!!
MY law.

WTF!? Your law, Scaly? ....really? ...YOURS?

Typical shortsighted self-important freudian slip. MY law. My government. MY country.

It's OURs, you asshole.
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Old 02-13-2008, 12:19 PM   #7 (permalink)
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Quote:
Originally Posted by Teri B. View Post
GOOD GOD! WTF? Isn't he supposed to keep his BIG FAT MOUTH SHUT on issues that may come before the Court?!? And this surely will. Jeez! I'm going to have to do some research on whether he should be commenting on this. I'm SHOCKED!
how many appeals will be filed now?
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Old 02-13-2008, 01:14 PM   #8 (permalink)
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Quote:
Originally Posted by JeffinCO View Post
"I don't look to their law, why do they look to mine?" he said.

Mine?
mine.
MINE!!!!
MY law.

WTF!? Your law, Scaly? ....really? ...YOURS?

Typical shortsighted self-important freudian slip. MY law. My government. MY country.

It's OURs, you asshole.
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Old 02-13-2008, 01:17 PM   #9 (permalink)
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Quote:
Originally Posted by chrisbb View Post
how many appeals will be filed now?
Good point, this kind of statement would certainly discourage people to challenge, and might even sway other judges to let it happen and even CIA officers to torture. This is fucked up BIG TIME.
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Old 02-13-2008, 01:52 PM   #10 (permalink)
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what ever happened to recusing one's self when one has already decided the facts of the case ?? not that he appears to have the ethics or morals to realize he needs to do this, but one would hope the legal community would rise up en masse should he attempt to ajudicate a torture case after these ill advised statements.
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