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<h2><b>Scalia says courts shouldn't prohibit
torture</b></h2><font size=3>
<a href="http://rawstory.com/news/2008/Scalia_says_courts_shouldnt_prohibit_torture_0212.html" eudora="autourl">
http://rawstory.com/news/2008/Scalia_says_courts_shouldnt_prohibit_torture_0212.html<br>
</a></font><h4><b>02/12/2008 @ 12:06 pm</b></h4><font size=3>Filed by
Nick Juliano <br><br>
Supreme Court Justice Antonin Scalia rejected the notion that US courts
have any control over the actions of American troops at Guantanamo Bay,
argued that torture of terror detainees is not banned under the US
Constitution and insisted that the high court has no obligation to act as
a moral beacon for other nations.<br><br>
"We don't pretend to be some Western Mullahs who decide what is
right and wrong for the whole world," Scalia told a BBC interviewer
Tuesday, defending narrow interpretation of the reach the US Constitution
gives the nine justices on the country's high court.<br><br>
Scalia said it was "extraordinary" to suggest that the 8th
Amendment, which prohibits the government from engaging in "cruel
and unusual punishment," could be applied to the actions of US
interrogators questioning foreign subjects detained overseas. In his
view, Scalia said that while the 8th Amendment would prohibit locking up
someone indefinitely as punishment for a crime, for example, the CIA or
military would be perfectly justified keeping a suspected insurgent or
member of al Qaeda imprisoned forever if the detainee refused to answer
questions.<br><br>
"Is it obvious that what can't be done for punishment can't be done
to extract information that is crucial to the society?" Scalia
asked.<br><br>
In the
<a href="http://news.bbc.co.uk/2/hi/programmes/law_in_action/7238665.stm">
BBC interview</a>, which aired on Radio 4's <i>Law in Action</i>, Scalia
suggested that it would be inappropriate for the court to deliberately
outlaw certain tactics, such as waterboarding. (The Bush administration
recently acknowledged using the simulated drowning procedure at least
three times on terror detainees.) Scalia said tactics critics have
described as torture could be usable in so-called "ticking time
bomb" scenarios or even when such a pressing deadline does not
exist. <br><br>
"It may not be a bomb in LA," he said. "But it may be,
where is this group [believed to be plotting an attack on the
US]?"<br><br>
This audio is from BBC's <i>Radio 4</i>, broadcast February 12,
2008.<br><br>
*********************************************************************************************<br>
<br>
Scalia in uncompromising form <br>
LAW IN ACTION <br>
BBC Radio 4's Law In Action <br>
Tuesday 12 February 1600 GMT <br>
On Radio 4 and online <br>
<b>Latest programme <br><br>
Law in Action has a rare, extended interview with Antonin Scalia, the
most outspoken and acerbic of Justices on the US Supreme Court. <br><br>
</b>In a wide-ranging discussion, he defends his often controversial
positions on issues like Guantanamo Bay, argues that torture may be legal
and attacks the "sick" practice of televising trials. <br><br>
Justice Scalia is often described as the most conservative member of the
court - but it's a charge he denies. <br><br>
Instead, he says he's an "originalist," which means he
interprets the text of the US Constitution as it was written. <br><br>
He both attacks and mocks the idea that the Constitution is a
"living document" which needs reinterpreting in the light of
social change. <br><br>
<b>Judicial views that divide America <br><br>
I think there's just something sick about making entertainment out of
real people's legal troubles. <br>
</b>Justice Scalia in his interview with Law in Action <br><br>
He has made many decisions in favour of the rights of criminal
defendants, and has ruled that burning the US flag is legal, although he
adds that if he were king, he would "throw flag burners in
jail". <br><br>
Justice Scalia has ruled against the right to abortion and in favour of
the death penalty. <br><br>
He says there is nothing in the Constitution that grants women the right
to an abortion. <br><br>
The death penalty, he argues, is not covered by the 8th Amendment's ban
on "cruel and unusual punishment." <br><br>
He points out that at the time the Constitution was written, execution
was the only penalty for felonies, and therefore cannot be excluded by
the amendment. <br><br>
Justice Scalia says that it is far from clear that torture is
unconstitutional and says that it may be legal to "smack [a suspect]
in the face" if the suspect is concealing information which could
endanger the public. <br><br>
He criticises the politicisation of the process of appointing Supreme
Court Justices, but blames this on the court for being too flexible in
interpreting the Constitution. <br><br>
This means that politicians want to appoint a judge who will "write
the new constitution that you like." <br><br>
<b><i>Law In Action will be broadcast on Tuesday 12 February 2008 at 1600
GMT on BBC Radio 4. <br>
</i></b>Story from BBC NEWS:<br>
<a href="http://news.bbc.co.uk/go/pr/fr/-/2/hi/programmes/law_in_action/7238665.stm" eudora="autourl">
http://news.bbc.co.uk/go/pr/fr/-/2/hi/programmes/law_in_action/7238665.stm<br>
<br>
<br><br>
<br><br>
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