5/27/2009 5:24:23 PM
the difference is that we weren't trying to get info from those pirates. we were trying to kill them.[Edited on May 27, 2009 at 5:39 PM. Reason : (because they themselves were an immediate threat)]
5/27/2009 5:38:55 PM
5/27/2009 5:47:04 PM
^^ No. The justification for killing those three pirates was that the captain was in "imminent danger"--and everyone cheered "SEALS FTMFW!"
5/27/2009 6:05:47 PM
5/27/2009 7:15:09 PM
I think a far better option is to make torture illegal across the board, and let interrogators know that. let them know when they are going into the "interview" what is legal and what is not. The interrogator can then choose to torture or not torture, but, he knows that if he does torture, he will face a trial. And, at the trial, we use the fantastic option of jury nullification if, in fact, the torture was "justified."basically, let's say that it is unacceptable and let people know it. And then, after the trial, which signals that we, as a nation, think torture is unacceptable on the whole, if we say it's justified in this one instance, we can then defend ourselves on that one instance, instead of trying to defend ourselves on a hypothetical."Hey, we think torture is absolutely wrong... But this guy was gonna blow up our whole fucking country and kill every man, woman, and child. What would you have done?" is a much better argument than "Hey, there might be some guy out there that will do something awful, so we are gonna be OK with torture."
5/27/2009 7:20:24 PM
and for the 2nd time in as many days, I'm in complete agreement with aaronburro in an argument against hooksaw
5/27/2009 7:22:58 PM
^^truth. i said pretty much the same thing a week or so ago on here (even down to the jury nullification part)
5/27/2009 10:08:09 PM
5/27/2009 10:32:13 PM
and what if that situation is abused (through some sort of blanket application of approval or something)
5/27/2009 10:47:22 PM
5/28/2009 1:00:55 AM
5/28/2009 4:20:15 PM
5/31/2009 7:40:03 PM
My mind is blown that so many of you think that is a proper way of doing business in the legal system. I mean, if jury nullification happens, that's one thing, but to write a half-assed law that you know damned well doesn't cover contingencies, then just blindly hope that juries will consistently do what's reasonable and correct, despite being contrary to the law? You've gotta be shitting me.
5/31/2009 7:49:32 PM
"Torture is illegal" is not a half-assed law. I'd be happy if it were illegal and even people "doing the right thing" under burro's definition got slapped with prison sentences. That being said, if somebody tortured somebody and it saved millions of lives (unbelievably unlikely, which is why it should be illegal amongst ethical concerns) then perhaps he should get off the hook. But there's no way in hell we should let torture be a normal part of our system.
5/31/2009 8:00:45 PM
I'm agree, and that's not what I'm advocating.(although I don't think it would take "millions of lives" to justify it. make no mistake, though, i'm definitely anti-torture.)
5/31/2009 8:21:24 PM
5/31/2009 8:26:10 PM
^^ the problem with contingencies is they can and will be abused. Something as wrong as torture must be illegal, plain and simple. If someone makes a personal decision to break the law and torture someone else because he thinks it will save X lives, then he's made a moral calculation and will have to live with the consequences. what would you say if the person in question was an American citizen, instead of a random foreigner like we usually assume? Americans, in addition to being covered by international treaties (like the foreigners we pick up) are also covered by a little thing called The Constitution and the Fifth Amendment. What if the Oklahoma City police had picked up Timothy McVeigh after he put the vans in front of the building, but before they exploded, and the police knew he was about to bomb something, but didn't know what or where? It would be unquestionably illegal to torture him or do anything other than give him due process, but do you think he would find a lot of sympathy if his "head was dunked" and he gave up the location of the van in time to move it or evacuate the area? Would that make what the interrogator did any less illegal? Should we add a 28th amendment that is a "ticking time bomb contingency clause" to the 5th amendment?
6/1/2009 8:30:28 AM
That's why I say that any contingency workaround would have to be OK'd by the very top, and by representatives from at least 2 branches of gov't, and would have to be publicly disclosed (with a time caveat).
6/1/2009 5:51:50 PM
6/1/2009 6:43:51 PM
you're an intelligent fellow, i know you don't actually believe that to be scaremongering or in the same ballpark as some of the shit from the last 8 years. be honest now.
6/1/2009 6:48:57 PM
6/1/2009 7:24:32 PM
^^ If you'll look closely, you'll notice that I put "scaremongering" in quotation marks. No, I don't believe Obama is scaremongering concerning loose nukes--because the threat is real. Bush wasn't scaremongering either when he stated that our enemies want to hit us again--because the threat is real.
6/2/2009 11:41:26 AM