Text 12002, 96 rader
Skriven 2009-06-16 18:22:00 av Dave Drum (1:124/311)
     Kommentar till en text av Dan Ceppa
Ärende: Re: Lost messages
=========================
-=> Dan Ceppa wrote to Dave Drum <=-

 DD> Therefore, because there is no Constitutional prohibition against an
 DD> action it is not automatically legal - as you seemed to be proposing in
 DD> attributing that position to Justice Scalia.

 DC> Care to bet he takes it that route should a case go so far as the SC?

 DD> I never bet on what a lawyer will do. However, given Scalia's legal
 DD> philosophy as demonstrated in his decisions thus far I think your
 DD> position is full of shit.

 DC> Tkae the bet!

Oh, I have.  

 DC> I've seen the video a couple of times.  Based on his answer, what he's
 DC> doing is defending the use of torture and "unfortunate but
 DC> constitutional". That position is appalling.

 DD> I didn't hear those words. Here is the quote from the transcript ...
 DD> "I don't like torture," Scalia says. "Although defining it is going to
 DD> be a nice trick. But who's in favor of it? Nobody. And we have a law
 DD> against torture. But if the - everything that is hateful and odious is
 DD> not covered by some provision of the Constitution,"

 DD> Then Ms. Stahl attempts to equate torture with punishment ... which it
 DD> is NOT.

 DD> Here is the definition of punishment ...

 DD> from http://www.lectlaw.com/def2/p201.htm

 DD> "PUNISHMENT - Some pain or penalty warranted by law, inflicted on a
 DD> person, for the commission of a crime or misdemeanor, or for the
 DD> omission of the performance of an act required by law, by the judgment
 DD> and command of some lawful court."

 DC> Therefore, "enhanced interrogation" is legal?  We may as well throw out
 DC> Miranda why we are at it.  Oh yeah, and put in a requisition for a
 DC> batch of rubber hoses.

 DD> Now where did you get that? Just because some Bushie-biased lawyers
 DD> wrote a memo or two on it does not make it legal. You are still trying
 DD> to traverse that chasm in two leaps, Dan.

 DC> Take a look at the legal wiggling already going on.  Many, if not all
 DC> of those directly involved in the torture have basically given the out
 DC> of "We were just following orders".  The US did not allow that during
 DC> the Nuremburg trials.

You're quibbling, Dan. People wriggle when on the hook. And they try any form
of hairsplitting that will get them out of the shit they have stepped in. 
 
But, the US shouldn't allow "We were just following orders" now if only to be
consistent. So the people who did the torture go to the joint for it - then let
them sue their givers of legal opinion for malpractice - for that matter
include the legal enablers as accomplices and/or accessories before and after
the fact.
 
 DD> Here is one of the other quotes on torture and punishment.

 DD> "To the contrary," Scalia says. "Has anybody ever referred to torture
 DD> as punishment? I don't think so."

 DC> Notice how the Geneva Conventions were waved off by Gonzo as being
 DC> "quaint".  Couple that with W's "it's a god damned piece of paper".

 DD> I know who is "W" (as in WWII or George III) - but, who the frimp is
 DD> "Gonzo". If you mean Dick "Go fuck yourself" Cheney say so.

 DC> Alberto Gonzales!  I'm not 100% sure, but I think that was W's name for
 DC> him.  After all, he called Rove, "Turd Blossom".

OK. See my reply to Bob Ackley on this. 
 
 DD> BTW, you still haven't given the cite I asked for, for the quote
 DD> "unfortunate but constitutional". Did you make it up?

 DC> See Scalia's video.

I re-watched (again) the 60 Minutes interview. And re-read the transcript which
is amazingly accurate. That quote is not in there ... anywhere. If you mean
some other video than the one we have been discussing say so and provide an URL
so I can go check it out. Put up or shut up time, Dan.

ENJOY!!!

From Uncle Dirty Dave's Kitchen
Home of YAHOOOOAHHHH Hot Sauce & Hardin Cider 

 

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