Scalia: Torture is not *punishment* so doesn't violate cruel and unusual provision of Const.

[ProfessorPlum]

Run time: 01:26 https://www.youtube.com/watch?v=T72vgAEX66M   Posted on YouTube: April 28, 2008 By YouTube Member: Views on YouTube: 0   Posted on DU: April 28, 2008 By DU Member: ProfessorPlum Views on DU: 2952

 
Wait until you get a load of this piece of SHITE's infuriating grin at the end of this.

If there is one person who deserves a little cruel and unusual treatment . . .

[liberal N proud]

1. Maybe he should volunteer to undergo water boarding to prove that

[Enthusiast]

24. I could not believe the answer he gave!

Oh, he's a strict constructionist. <sarcasm> Hey, he just ruled that Indiana is within their rights to require a photo I.D. to vote. If he is all so damn concerned with an accurate interpretation of the constitution why didn't he consider that photography wasn't even invented when our cherished document was written. He is a fucking fascist! Just another fat fucking blowhard, similar in substance to Rush Limbaugh.

[dave123williams]

34. Maybe he should undergo testicle crushing. Perhaps some light electrocution.

You think waterboarding is the worst thing they've done? Think again.

Why do you think the media reports the entire iceberg as being the debate over waterboarding's legality?

[liberal N proud]

35. I chose water boarding because it is what America has heard about

Probably all he has selected to hear about

[lilgrasskikka]

40. to undergo testicle crushing....

don't you have to have a pair first?

this whole mealymouth hairsplitting and whinging show he just put on smacks of eunuchdom. You try torturing this tw(i)t and, he'd yawn and say, "bin dere, dun dat.... how do you think i hit the high notes...?"

[lilgrasskikka]

43. Hey! I just thought of something!!!!

Let's all give this odious little turd a unified obscene gesture...?

How's that for an idea?

Good/bad/indifferent?


And, as I think about it...

All this time, when cases get thrown out because the cops were too rough on a suspect... all they had to do was say, "I wasn't punishing him/her, your honor... it was torture pure and simple!"....? That's a pretty amazing loophole, you have there "Justice" Scalia... it MAY even fit your fat ass.

I mean, honestly, interrogating a suspect without counsel (meaning: put suspect in a room and ask questions) is clearly and repeatedly called "cruel and unusual punishment. Case after case after case: thrown out as "crul and unusual.... PUNISHMENT. Maybe you can tell... this shit makes me mad. I also find it appalling how easily fascists get away with shocking shit like this, just by saying the most absurd/insane/fucked-up malarky.... and looting the cashbox while the store owners are standing there in stunned silence.

One of the reasons it's so hard to deal with any one issue... they keep turbospamming us with more and more.

[Ztarbod]

45. Doing what the Supreme Court does best, splitting hairs

[90-percent]

2. Scalia

scalia is really good at rendering cruel and unusual interpretations of the Constitution!

-90% Jimy

[nichomachus]

3. Someone needs to waterboard that fat fuck n/t

[Blue_In_AK]

26. Funny you should say "fat fuck"

Those were the exact words that came to my mind. :toast:

[nichomachus]

32. I thought better of it later

A fuck isn't really a bad thing. Scalia is a very bad thing.

[Blue_In_AK]

33. He is disgusting.

[ThoughtCriminal]

4. Punishment for not answering interigator's questions

Punishment for claiming 5th Amendment rights.

The mind of a right winger is astonishing.

[fascisthunter]

5. Right Wing Nazi

[driver8]

6. deleted by user

[Hulk]

7. Then I suggest we "reward" this fat toad with a little waterboarding....

...for being responsible for installing this clown to power, and in effect taking this country down the road of corruption and deceit for the past eight years. What a pig!!

I really want to say something "bad" about this porker, but then my comment would get stricken. I'll just keep my evil thoughts to myself.

What a lard ass, pompous pig!

[formercia]

8. Impeach Scalia

He's gone too far. That fucker is a sick puppy.

Listening to Scalia is cruel and unusual punishment.

[balantz]

39. Can SCOTUS Justices be impeached?

That would be groovy! I hope it's true.

[hootinholler]

41. Yes they can.

However unless you have video of a bribe with audio of that's the right amount for me to vote that way, it's quicker to await death.

-Hoot

[formercia]

49. 'Impeach Earl Warren."

http://en.wikipedia.org/wiki/Earl_Warren

The Warren Court

Main article: The Warren Court

To the surprise of many, Warren was a much more liberal justice than had been anticipated. As a result, President Eisenhower is perhaps apocryphally said to have remarked that nominating Warren for the Chief Justice seat was "the biggest damned-fool mistake I ever made."<11> Warren was able to craft a long series of landmark decisions including:

* Brown v. Board of Education 347 U.S. 483 (1954), which banned the segregation of public schools;
* the "one man, one vote" cases of 1962–1964, which dramatically altered the relative power of rural regions in many states;
* Gideon v. Wainwright, 372 U.S. 335 (1963), which held that the Sixth Amendment required that indigent non-capital criminal defendants receive publicly-funded counsel (the law to that point requiring the assignment of free counsel only to indigent capital defendants);
* Miranda v. Arizona, 384 U.S. 436 (1966), which required that certain rights of a person being interrogated while in police custody be clearly explained, including the right to an attorney (often called the "Miranda warning").
--snip--

Warren retired from the Supreme Court in 1969. He was affectionately known by many as the "Superchief", although he became a lightning rod for controversy among conservatives: signs declaring "Impeach Earl Warren" could be seen around the country throughout the 1960s.

[BayjanDem]

9. This guy

reminds me of Joba the Hut. What a SCUMBAG

[Preston120]

10. I'm sure there is a spot in HELL for this fellow.

[FiveGoodMen]

13. There is no afterlife. If we don't make it hell for him here, then he just gets away with it

[central scrutinizer]

11. Parse this!

I get it - if there is no trial and conviction, then this is not "punishment". And if you happen to kill a few, then it isn't the death "penalty" since there was no trial. Orwell's Ministry of Truth were pikers compared to this bunch.

[Sam Ervin jret]

12. well how about attempted murder, assault and battery

there is no punishment statute to be decided because they do this to people BEFORE they have even been convicted of anything.

The Cruel and unusual punishment statue in the Constitution is meant to make ending a life or punishing a crime not cruel or unusual. It is not meant to deny the 5th amendment of the constitution.

Scalia and justice are like oil and water.

[disndat]

14. Scalia is on P.R. campaign

to reverse his fascist image. Maybe he sees the end of the cruel Reagan/Bush regimes, product of the angry white male backlash and the beginning of an Obama (Pray!) counter revolution. The "60 minutes" made him look like a regular Santa Claus, instead of the evil enabler of the Bush/Cheney war criminals that he is.

[trusty elf]

15. What an odious man!

:wow:

[raystorm7]

16. More violent thoughts going through my head =/

[micraphone]

17. He's right...

Torture is WAY WORSE than punishment. Not to mention totally illegal in any circumstance.

Impeach the waste of skin - now.

[Poll_Blind]

18. Ok, now that right there is what, in a few years, we'll call EVIDENCE. n/t

PB

[Birthmark]

19. You can't really blame Scalia

The Constitution and the ideals behind it are beyond his ability to grasp. He's like one of those people that know all the words to a song but couldn't sing it to save their lives. They just don't have the ear for it.

[On the Road]

20. I Actually Agree with Scalia That Torture

as part of an interrogation is not punishment and therefore does not constitute "cruel and unusual punishment." But it so obviously violates the concepts at the core of the Bill of Rights that it's mind-boggling that it can be defended on a constitutional basis.

And then in contrast he goes and (probably) writes the decision that the Florida recount violated Bush's rights in some incomprehensible way. Unbelievable.

This is how strict constructionism is used -- as a fig leaf for letting the federal government get away with anything it wants. That is why it is so important to insist that there are rights that may not be enumerated in the constitution itself, and yet which the court needs to rule on.

[calmblueocean]

31. How is it not punishment? You're punishing them because they won't give you information.

To me, an interrogator who decides to waterboard a subject is a judge by another name. He just implements the sentence as well.

[On the Road]

52. "Punishment" in the Constitution Means

punishment for a crime decided by a court. It does not simply refer to anything that causes pain, and specifically does not refer to interrogation.

You could make a compelling argument that if punishment for a crime cannot be cruel and unusual, then interrogation should not be either. But that argument is based on inference, and concedes that the punishment and interrogation are different things.

While the constitution is a living document, it's important to interpret clearly. Torture under interrogation is revolting and should be unconstitutional on other grounds. But it's important NOT to argue that the constitution says something that it clearly doesn't say. That leads directly to demagogery, rule by the passions of the moment, and ultimately undercuts democracy.

[nomorenomore08]

21. Yeah, it's not punishment, it's just for fun. Did I get that right, Fat Tony?

I swear these guys are sadists at heart.

[huskerlaw]

22. What an idiot.

Even Bush (in a signing statement) defined the cruel and unusual clause in the Geneva Conventions to include both treatment AND punishment. Bush's signing statement reads: "Cruel, inhuman, or degrading treatment or punishment" means the cruel, unusual, and inhumane treatment or punishment prohibited by the Fifth, Eighth, and Fourteenth Amendments to the Constitution of the United States.

http://www.whitehouse.gov/news/releases/2007/07/20070720-4.html

Those assholes should probably get on the same page...

[Gman]

23. That's his view and it happens to be right??????????????

This sorry fuck is going to be recusing his self, voluntarily or otherwise from any torture case that gets to the SCOTUS.

[proud patriot]

27. Scalia is an arrogant fuck

that line at the end pissed me off .

[ooglymoogly]

25. This turd is the scariest and most dangerous person on the face of

the earth. If we do not get some people in there to counter his insanity we are in for far worse than the 8 years he has ushered in with Hr. Boooooosh

[delt664]

28. I am speechless.....

so many angry things bubbling in my head right now...

Lets play make believe for one moment, and say that yes, technically he is correct. Torture is still a violation of international law, and a violation under US laws regarding assault and battery. Theres no fucking way you can weasel out of those, you lying sack of fascist shit.

[RC]

29. What would happen if you or I kidnapped someone and

water-boarded them? What would we be charged with?

I'm thinking terrorism above the kidnapping charge. Third would be false imprisonment. Hauling the victim across an international border should be at least on the level of hauling a kidnap victim across a state line.

So yeah, I think we have a problem here.

[muntrv]

30. So let's torture Scalito.

:evilgrin:

[iaviate1]

36. To answer his question...

"He" is punishing you for not talking. That's the premise for torture... to extract information. Scalia is playing stupid.

[ToughLuck]

37. WAR CRIMINAL YOU VOTED WRONG ON HAMDAN V. RUMSFELD

This man is dangerous, he and his Unitary Executive Theory!

Why is he talking about this now????
Is he preparing us for another election give away?

[Prophet 451]

38. Scalia can kiss my tungas

His arguement is intellectually weak, morally reprehensible and legally, just plain wrong.

[pleah]

42. How do you remove a judge from the Supreme Court?

I think this one needs to be put in a straight jacket and taken away SOON.:silly:

[nachoproblem]

44. Unfortunately torture isn't punishment

PUNISHMENT is hurting somebody by a specific amount as a measured response to some action they have been judged guilty of.

TORTURE is hurting somebody by and indefinite amount until you are either satisfied with the result or you get bored with doing it.

The Bill of Rights forbids the use of cruel and unusual PUNISHMENT but says nothing about TORTURE, probably because the founding fathers didn't figure that the law in any democratic society was concerned with what sort of TORTURE it could employ.

We sure showed them, didn't we. :puke:

[Capt. America]

46. I got an idea...

...while this douchebag determines how many angels can dance on the head of a pin, why don't we sodomize him with nightsticks and electrocute his testicles, then, maybe, well see whether he calls what is happening to him torture.

[blackspade]

47. Impeach his ass!

This is a man who should NEVER have been put in the position of authority over anyone or anything.

Disgusting

[GreenTea]

48. Scalia is a fucking fascist, a pile of arrogant pig shit!

[grace0418]

50. I can just see this guy as a 13-yr-old boy. "But MOM, I *did* do the dishes! You never

said anything about the pots and pans and silverware and glasses. Therefore, I didn't wash them. I did nothing wrong!"

[Bonhomme Richard]

51. He is one sick MF. n/t

[KansDem]

53. They're both pathetic...

Scalia and the incompetent interviewing him. Why not just say "The person holding you against your will is punishing you for not giving him/her information. Therefore, "torture" is "punishment." and let the fat ass try to debate that point. But, no, we get some mealy-mouth "professional journalist" confusing the issue with "police officer" and something akin to "brutality."

Fuck you, Scalia. Fuck you, media whore.

[Sam Ervin jret]

54. He's right, it is not punishment for a crime. It is assault and a crime in itself.

The guy's a creep, but on this point he is correct.

[samsingh]

55. is scalia ever going to be held accountable for his destruction of

law, order, and the Constitution?

[otherlander]

56. I saw this on the daily show last night

"And, now, your moment of Zen..." and he fucking smiled! What the fucking hell? That is not something to be showing people at 11:30 at night right before they go to sleep.

:grr:

[yurbud]

57. he actually makes Fredo Gonzales and John Yoo look like brilliant legal scholars

by comparison.

[yurbud]

58. PHOTOSHOP: Scalia admiring the work he condones...

http://fascart.blogspot.com/2008/02/photos-if-scalia-was-present-for.html