I have no doubt that if an actual ticking bomb situation were to arise, our law enforcement authorities would torture. The real debate is whether such torture should take place outside of our legal system or within it. The answer to this seems clear: If we are to have torture, it should be authorized by the law.
When I decide who to vote for as President, I ask myself who will be best for America and for the world. An important component of my answer involves my assessment of the candidate's willingness and ability to protect Israel's security, since I strongly believe that a strong Israel serves the interests of the United States and of world peace.
If torture is going to be administered as a last resort in the ticking-bomb case, to save enormous numbers of lives, it ought to be done openly, with accountability, with approval by the president of the United States or by a Supreme Court justice.
Look, I don't know whether God exists. I don't know that. And I tell you one thing, I am not frightened of my beliefs. If there is a God who is threatening me with damnation because I don't believe in Him, so be it. I've lived my life in conscience, and I will suffer damnation willingly in conscience against a tyrannical God who would damn me because, on the basis of the intelligence He gave me, I have come to a conclusion doubting His existence, and I will continue to be a skeptic all of my life.
In representing criminal defendants - especially guilty ones - it is often necessary to take the offensive against the government: to put the government on trial for its misconduct. In law, as in sports, the best defense is often a good offense. The courtroom oath - to tell the truth, the whole truth and nothing but the truth - is applicable only to witnesses... because the American justice system is built on a foundation of not telling the whole entire truth.
I have made a career out of arguing that we shouldn't be criminalizing political differences. I've made a career out of arguing that the grand jury is an abusive institution. I have made a career out of arguing that we shouldn't stretch and expand the criminal law. I'm not going to change it because you think these are abnormal times. When Thomas Jefferson told the Justice Department that they had to prosecute Aaron Burr, and that he was going to have the chief justice impeached unless he found Aaron Burr guilty, those were special times too.
The plain message conveyed by the new administration is that George W Bush's America is a Christian nation, and that non-Christians are welcome into the tent so long as they agree to accept their status as a tolerated minority rather than as fully equal citizens. In effect, Bush is saying: "This is our home, and in our home we pray to Jesus as our savior. If you want to be a guest in our home, you must accept the way we pray."
Yes, believers and non-believers and skeptics can all live together and get along. But there cannot be an imperialistic imposition of religion by the state or by the church. All people must be equal--believers, skeptics, disbelievers, atheists, and those who chose religion. Unless we are all deemed equal, and unless the morality of disbelief is deemed the equivalent of the morality of belief, we will simply be tolerated, and that is not the American way.
I read in the newspaper that the Catholic Church finally decided that it had been theologically improper to try to convert the Jews. Whoops! Sorry for all those inquisitions, crusades, and autos-da-fe. Previous popes were wrong - infallible, perhaps, but wrong.
Ed Koch will never "rest in peace." That was not his way. He was always nervously squirming, while making others squirm as well. Comfort was not his goal. He understood that to be a proud and assertive Jew meant never being able to leave a sigh of relief and say "it's over, we are at peace, we can now put down our guard and relax."
Individuals have the right to pick and choose which expressions to condemn, which to praise and which to say nothing about. Governments, however, must remain neutral as to the content of expression. And governments must protect the rights of all to express even the most despicable of views.
I fear that the impact of university censorship and university denial of due process will be to mis-educate a generation of students away from core values of civil liberties and constitutional safeguards. Students who have been led to believe by university administrators and faculty that censorship and denial of due process are acceptable norms will be more susceptible to accepting those norms in their post-university lives. That would be a tragedy for America.
I came from a poor family, so working and going to school at the same time was natural. It taught me multi-tasking, although we didn't call it that back then. I learned I could never be idle, I need to be doing many things at once.