Friday, April 17, 2009

CaterpillarGate

Regarding the 8/2 memo: I am going to go out on a limb and note that threatening someone with a caterpillar probably doesn't rise to the level of torture.

So, hey, Addington & co. got something right..

6 Comments:

Anonymous Anonymous said...

Yikes, it's hard to believe someone writing under the pen name "Winston Smith" could write that. I'm sure the room 101 rats were probably defanged...

2:41 PM  
Blogger Spencer said...

Yeah, I'm going to go with Anon on this one.

According to the note, they didn't threaten him with a caterpillar. They threatened him with stinging insects and put caterpillars in instead.

The (hidden) fact that the the guy was in no real danger is irrelevant in this case. There certainly was present the "threatened infliction of severe physical pain or suffering," as per 2340(2A).

Still torture, says me.

11:27 PM  
Blogger Winston Smith said...

Der, is that right? I thought it specifically said they could NOT lead him to believe it was a stinging insect?

Will go read again.

2:51 PM  
Blogger Spencer said...

Oh, no, I misread it. I just went back and looked at it - you were right on what the memo was saying.

6:03 PM  
Blogger Spencer said...

(<--- I'm with stupid.)

8:23 PM  
Blogger Winston Smith said...

No, wait, *you* guys were right and I was wrong--it says that they were not allowed to lead him to believe that the insect had a sting that could inflict death or severe pain or suffering. This leaves open the possibility that they could lead him to believe that could inflict a sting of *some* kind.

9:20 AM  

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