Facepalm: Antonin Scalia Isn’t Aware Of Anything In Constitution That Prohibits The Use Of Torture

Antonin Scalia has action movies confused with reality

Conservative Supreme Court Justice Antonin Scalia talked to a Swiss radio network, Radio Television Suisse, about the recent release of the Senate’s torture report to cite hypothetical situations which would justify torture. None of which could be compared to the ACTUAL situation in which torture and object rape were actually used to gain information.

Scalia said:

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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?

A nuclear bomb hidden in LA, might be a reason to use extreme measures to produce a quick answer from a suspect, but again, that was not the situation in which torture was used for in reality. But going with Scalia’s hypothetical, if someone had a plot to kill millions via nuclear attack, would torture stand between them and their goal? Probably not.

Not to mention, the Senate report didn’t believe any crucial information which could be likened to a nuclear bomb under L.A. was obtained during “enhanced interrogation.”

Scalia also said he he doesn’t know of any article in the Constitution which would prohibit the use of torture.

Cough, cough, Eighth Amendment, cough, cough.

The Eighth Amendment states:

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Which means the federal government is prohibited from using torture on its prisoners — and they were our government’s prisoners, though it can be argued that the Eighth only applies to citizens of the U.S., but that argument completely ignores the numerous international treaties signed by the U.S. that also prohibit the use of torture.

In the past, Scalia has tried to compare the use of torture to prevent future terrorist acts to the television show 24, where the star, Jack Bauer has only 24-hours to find a suspect by any means possible in order to save the U.S. from imminent destruction, every week, year after year, because it’s FICTION.

Scalia said:

Is any jury going to convict Jack Bauer? I don’t think so, so the question is really whether we believe in these absolutes. And ought we believe in these absolutes.

As of now, there has been no talk of charges being brought against anyone who participated in or facilitated the use of torture on prisoners.

Conservatives have been on damage control all week, pathetically trying to justify the actions of the former Republican administration.

H/T: Talking Points Memo | Photo: Wikipedia

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