Mood: don't ask
Topic: "Truly,Totally, Nuts"(3)
Antonin Scalia, 71, is brain dead.
In an interview with BBC Radio 4 this week, Supreme Court Justice Antonin Scalia declared that the Constitution's ban on cruel and unusual punishment "is referring to punishment for crime," not actions in the course of interrogation. In an astounding application of purported logic, Scalia added that "you can't come in smugly and with great self-satisfaction say 'Oh, it's torture, and therefore it's no good.' You would not apply that in some real-life situations." The implication followed that given the nature of the threat, then the severity of the pain inflicted could be justified, as long as it was not punishment for a crime already committed.
Senator John McCain (R-AZ) was a POW for more than five years. He was tortured by his North Vietnamese captors, and bears physical deformity to this day from the severity of his treatment. In Scalia's twisted mind, the North Vietnamese acted appropriately in their treatment of McCain, until such time as they formally convicted him of crimes against the North Vietnamese people. It was evidently okay, says the septugenarian Supreme Court Justice, to take action, including "waterboarding," against someone such as McCain representing a potential terroristic threat to the peace and well-being of a sovereign state. It would be a violation of law however, to continue the treatment once McCain was convicted of a crime.
The United States of America has been holding some pretty bad guys in Guantanamo, and to this moment, without trial. In Scalia's mind, as long as these guys are held without trial, for however long that may be, then there are no ground rules for their treatment. Washington D.C. barrister David Remes, who has argued against Scalia in the past, stated "He was brushing aside principles of international and domestic law that have long governed the treatrment of captives. He was treating difficult issues as easy. This is disturbing."
Frodo almost agrees with barrister Remes. Actually, it is more than disturbing, it is insanity. Frodo wonders how Senator McCain feels knowing that at least part of the time his North Vietnamese captors were acting legally, if not humanely, according to the type of Supreme Court Justice McCain feels he would appoint should he win election to the Presidency.
It should be noted that McCain is a year older than Scalia. Perhaps if he still had his sense of hearing, he could respond to the Madman in Black.