Wednesday, October 31, 2007

Won't get fooled again

Don't buy the "hypothetical" dodge from a Bush-appointed AG nominee. Torture is not a hypothetical for this crew. It is actually happening.

Mukasey needs to repudiate the specific acts of torture that we already know are occurring, however the Administration characterizes them ("Enhanced interrogation"? Give me a break.). Waterboarding is NOT a close case. If it is not torture, then almost NOTHING is torture.

As Marty Lederman puts it, quoting H.L.A. Hart, while a "No Vehicles in the Park" law may be ambiguous as to whether it applies to a baby stroller or bicycle, if "one arrives at the conclusion that a souped-up Corvette may be driven through the center of the park, then that's a pretty good clue that you need to find yourself some new interpretive principles."

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