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Give me a freaking break, It's not that hard to tell the difference between someone who is actively threatening a person and someone who is in captivity and can't harm anyone.
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I won't give you a break but I will ask you and Will a question.
Given, torture does not work. Given torture is illegal.
If I am one of your field CIA agents and your are President, and I report that I have obtained information of an impending attack that could kill innocent people from a captured terrorist using enhanced questioning techniques that you consider torture what are you going to do?
Do you have the DOJ bring charges against me?
Do you act on the information?
I know it is pretty easy to simply say that you won't engage in hypothetical situations, if you do or don't respond, my point is that your position lacks moral clarity. You can not be a pacifist or have those tendencies and be a defender of life and freedom. I think you have to be willing to fight, you have to be willing to do things that are unpleasant (even if it is killing alleged pirates without the benefit of a hearing or trial based on the judgment of your people in the field). I think you want it both ways, you want to pretend that you can defend life and freedom and think it can be done in a kind and gentle manner or what Obama calls our moral compass.