Monday, December 15, 2014

"I don't know what article of the Constitution that would contravene."

That was Justice Scalia discussing torture in order to find out where the ticking nuclear bomb was. From the AP:

"Listen, I think it's very facile for people to say, `Oh, torture is terrible.' You posit the situation where a person that you know for sure knows the location of a nuclear bomb that has been planted in Los Angeles and will kill millions of people. You think it's an easy question? You think it's clear that you cannot use extreme measures to get that information out of that person?" Scalia said.
Scalia also said that while there are U.S. laws against torture, nothing in the Constitution appears to prohibit harsh treatment of suspected terrorists. "I don't know what article of the Constitution that would contravene," he said. Scalia spent a college semester in Switzerland at the University of Fribourg.
The 30-minute interview touched on a range of topics, including the financing of political campaigns, the death penalty and gay marriage, about which Scalia said he should not comment because it is likely the court soon will have the issue before it. Asked about money and U.S. elections, Scalia scoffed that "women may pay more each year to buy cosmetics" than is spent on local, state and federal elections combined.
His comments about interrogation techniques echoed remarks he also has made to foreign audiences. In 2008, he used the example of the hidden bomb. "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," he said.
A year earlier, Canada's Globe and Mail newspaper reported that Scalia invoked fictional TV counterterrorism agent Jack Bauer using torture to get terrorism suspects to reveal information that could help authorities foil an imminent attack.
"Is any jury going to convict Jack Bauer? I don't think so," he said. "So the question is really whether we believe in these absolutes. And ought we believe in these absolutes."
In January, Scalia seemed less concerned about the safety of residents of Los Angeles when the court heard arguments about whether anonymous tips could justify a traffic stop. Urging the lawyer for two suspects appealing their conviction to stand firm, Scalia suggested that not even information that a carload of terrorists heading to Los Angeles with an atomic bomb would be enough to justify police stopping the car, if the tip came from an anonymous source.
"I want you to say, `Let the car go. Bye-bye, LA,'" Scalia said.
Meantime, friends of the Blog, Billy Corben and Alfred Spellman have come out with their new movie -- The U Part 2.  Gotta love it:


Anonymous said...

Like most sequels, Part 2 not as good as original. I always though of 2001 team as some amazing team, best team ever? Then they show their schedule - Rutgers? Pitt? TROY STATE? WVU?, TEMPLE? BC? Syracuse? That's 7 Cupcakes! Pales compared to any recent SEC National Champ.

Anonymous said...

I'd do it again in a minute!

-Mr. Potter

Anonymous said...

Would have to listen to the oral argument again, but I think Scalia was actually making the opposite point: If the potential harm is great enough, stops based on anonymous tips would, in fact, be permissible.

Anonymous said...

8:56 - Syracuse was ranked #14 when Miami beat them 59-0. How exactly were they a cupcake? All Miami did was follow that up with a 65-7 beat down of another ranked team (#12 Washington) the following week. Boston College not only finished the season ranked, but they beat a mighty SEC team that was ranked higher than they were in a bowl (#16 UGA).

Anonymous said...

2001 'Cuse lost 33-9 to Tennessee
In SEC parlance: "cupcake"

2001 Rutgers - 2-9!
2001 WVU - 3-8!
2001 Temple - 4-7!
2001 Pitt - 7-5

And do we even need to discuss Troy State?

I am not saying the Canes didn't deserve the National Championship, but best team ever? With that CUPCAKE schedule? NO WAY!