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Thursday, December 4, 2008 12:00 AM

Why do Feinstein and Wyden sound much different on the torture issue now?

The two Senators spent the year emphatically insisting that the CIA's interrogators comply with the Army Field Manual. With Democrats in control, they're not so emphatic any longer

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  • Thursday, December 4, 2008 12:25 PM

    Oh!, wbgonne

    "That is incorrect. There would be no consequences under the criminal law. Self-defense is a perfect, i.e., complete, defense."-- wbgonne

    That is correct but it differs from what you are saying in one very important way.

    To be useful as a defense, you must prove to a court of law that you were, in fact, defending yourself. By advocating that you be allowed to determine, by yourself, whether or not to torture someone, you're leaving a step out of the process which is critical in criminal law.

    Torture must be illegal. (period)

    If a court of law decides, upon receipt of valid evidence, that your use of torture is permitted under the doctrine of self-defense, that's a horse of an entirely different color than writing a legal torture exception into the law itself. When you utilize torture, you must begin with the fact that you are committing a crime and may be held accountable for that criminal act.

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