Your whole premise is faulty anyway because we have a legal system
where evidence can be presented in a way which protects national
security. This isn't an either/or situation. The Bush administration
behaved like national security had never been an issue that the courts
had had to worry about before. Pure bullshit and the Supreme Court
even called them on it in spite of Bush getting to pick several
members of the court.

We've managed to do pretty well in some rather extreme circumstances
over the past 200 years as a nation. This state of permanent warfare
against an undefined enemy as an excuse to trample civil liberties
because they are inconvenient is bullshit.

Judah

On Sun, Jan 25, 2009 at 8:05 PM, Robert Munn <[email protected]> wrote:
> It is a hypothetical question designed to test one of the most basic ideas
> of moral judgment - should you perpetrate a small crime against an
> individual in order to prevent them from perpetrating a much larger crime?
>
> You absolutely can not know whether they would kill anyone in the future,
> but the assumption of the exercise is that you know. From there, you can
> change the variables of certainty to test how far people will go. What if
> you are 100% certain they are guilty but only 70% certain they will kill
> again? What if they do in fact kill many people in a future terrorist
> attack? Does the government get the blame for letting them go?
>
> Here is a concrete problem. KSM admits guilt and wants to die a martyr.
> Let's assume for the purpose of the exercise that waterboarding is torture
> and that he was tortured, rendering anything he said later inadmissible in
> court. Do we let him go or allow him to plead guilty and execute him?

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