"It would be absurd to say that you can’t stick something under the fingernails, smack them in the face."

Antonin Scalia lets slip a quote that will enhance the loathing among those who loathe him but that others will easily guess comes from a discussion of the "ticking time-bomb" hypothetical.

The whole context, with audio and transcript, is at the link. Scalia is making the point that Bill Clinton, among many others, has made:

BBC: It’s a question that’s been raised by Alan Derschowitz and other people — this idea of ticking bomb torture. It’s predicated on the basis that you got a plane with nuclear weapons flying toward the White House, you happen to have in your possession — hooray! — the person that has the key information to put everything right, and you stick a needle under his fingernail — you get the answer — and that should be allowed?

SCALIA: And you think it shouldn’t?

BBC: All I’m saying about it, is that it’s a bizarre scenario, because it’s very unlikely that you’re going to have the one person that can give you that information and so if you use that as an excuse to permit torture then perhaps that’s a dangerous thing.

It's an old problem, and I've heard it discussed many times, and frankly what surpises me is not what Scalia said but how smart and articulate the BBC interviewer is. (Here's the whole interview, and you can see the interviewer's name is Clive Coleman.)

It's not just the classy British accent — which so often befogs the minds of Americans. It's the fast, articulate speech, the way he's unfazed when the Supreme Court Justice strikes at him with a question, and his instant formulation of a pithy and cogent response. The typical American journalist would harumph something about who's the interviewer and who's the interviewee.