Supreme Court Justice Antonin Scalia said in a new interview that the use of harsh interrogation techniques now widely condemned as torture might not be unconstitutional.
The 78-year-old jurist, part of the court’s conservative wing, said the there’s nothing in the constitution that prohibits harsh treatment of terror suspects.
His remarks came during an interview with a Swiss radio station that aired Thursday, the Associated Press reports. They followed the release of a Senate report the faulted the CIA for lying to the Bush White House and to Congress about the methods and their effectiveness.
Scalia pointed to the oft-cited “ticking time bomb” argument, saying it would be difficult to rule out the use of torture to get information from terror suspects if millions of lives were at stake, and said he doesn’t “think it’s so clear at all” that such tactics should be prohibited in all cases.
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