Quote:
Originally Posted by Tyrone Slothrop
Scalia: nothing in the Constitution appears to prohibit harsh treatment of suspected terrorists.
The Fifth Amendment: "...nor shall any person ... be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law..."
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I think Scalia, and, to be fair, the court in general historically, would not find that to apply to action of the US government taken against foreign persons on foreign soil.
Of course, it's still a fucked up view, but it's a fucked up view that has prevailed for a long period of time.