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).