Scalia says Rack, thumbscrew, not prohibited by Constitution

Here is an excerpt from an interview Justice Anton Scalia had with the Law in Action program on BBC Radio 4 (posted on the BBC at http://news.bbc.co.uk/2/hi/americas/7239748.stm . He said it was "extraordinary" to assume that the ban on "cruel and unusual punishment" - the US Constitution's Eighth Amendment - also applied to "so-called" torture.
"To begin with the constitution... is referring to punishment for crime. And, for example, incarcerating someone indefinitely would certainly be cruel and unusual punishment for a crime."

Justice Scalia argued that courts could take stronger measures when a witness refused to answer questions.

"I suppose it's the same thing about so-called torture. Is it really so easy to determine that smacking someone in the face to determine where he has hidden the bomb that is about to blow up Los Angeles is prohibited in the constitution?" he asked.

Say kids, what time is it? It's Inquisition Time. Rack, thumbscrew, the press are all not mentioned in the Constitution, so were free to use them as questioning techniques. Rape, too? No, problem--there is no specific reference in the Constitution that prohibits agents of the government from raping you--so it must be OK. And if you were advised of you rights to remain silent before the waterboarding began, why would that confession be banned from use against you in court? Although at first blush that's what the Fifth Amendment is about--hey--your confession was "voluntary."
When they piled those rocks on that board they put on your chest--that's the medieval (or midi-evil) confession extraction device know as a press--and we have freedom of the press in this country, so the government is free to use it on you. It looks like we know where they'll be trying that Gitmo cases--in the Court of the Star Chamber.


Above-- A pressing engagement