um, wtf? Has he not read the Constitution? Like this part...
Well, I guess, he takes it that torture is not a punishment, but part of investigative process. I do wonder, if one should investigate, how he came to that view.
Well if this isn't an 8th issue, then you have the 5th...
And one would expect suspects to have more rights than convicts. How can he reconcile "the right to remain silent" and using torture to compel someone to talk. Then again, Scalia is on the record for being against Miranda rights (in Dickerson v US).
But they are not part of any criminal investigation, you see. They will never be indicted in any court. They are not being tortured as punishment, or to obtain information to be presented in court. They are being tortured because the government thinks it needs to torture them to obtain information needed for policy-making. It is done in public interest.
As I said, it would, arguably, be of public interest to obtain information on where do such views, as Justice Scalia has expressed, come from. God forbid, not because having such views is illegal. Nobody is ever going to prosecute anybody for such views, or have them punished.