Scalia says torture isn't cruel and unusual punishment

[eswyatt]

By asking such a question she reveals her own lack of knowledge of history and the constitution. Either that or she's pandering to stupid viewers, of which there are many.

[kgj08]

Nice job cutting out Scalia's response... he completely dominates this issue. It's true... as long as waterboarding isn't a form of punishment, it can be constitutionally protected.

[ofusriley]

punishment - the infliction of some kind of pain or loss upon a person for a misdeed

Waterboarding is done to hurt prisoners for not behaving in a desired way.

I'd say that qualifies as punishment

[kgj08]

That is a huge stretch.

[kgj08]

What is the stated goal that is to be achieved by waterboarding? Surely you cannot say retaliation. If waterboarding was retaliatory, and thus a punishment, it would cease only when those performing this technique were emotionally satisfied with the results, feeling as though the person "got what he deserved". But waterboarding stops under two conditions: a) the desired information is revealed or b) it is realized that no amount of waterboarding will bring the person to talk.

[kgj08]

Furthermore, if waterboarding was used solely as punishment, why do we not see other forms of misconduct being treated with waterboarding? For instance, if a prisoner assaults others, or throws his urine on the guards, is he waterboarded? No. So why is not revealing information the only form of "misconduct" that is "punished"? Because it has nothing to do with being a form of misconduct. The sole purpose of waterboarding is to gather vital national security information that saves lives.

[lorettarosa]

Hang this bastard by his balls.