Anomaly100 says: Jack Goldsmith, who succeeded Bybee at OLC, said that Yoo, a former OLC attorney who now teaches at Chapman University in Orange, Calif., arrived at that definition by relying on statute written in 2000 related to health benefits. "That statute defined an ‘emergency medical condition’ that warranted certain health benefits as a condition ‘manifesting itself by acute symptoms of sufficient severity (including severe pain)’ such that the absence of immediate medical care might reasonably be thought to result in death, organ failure, or impairment of bodily function," Goldsmith wrote in his book, The Terror Presidency. "The health benefits statute's use of ‘severe pain’ had no relationship whatsoever to the torture statute. And even if it did, the health benefit statute did not define ‘severe pain.’ Rather it used the term ‘severe pain’ as a sign of an emergency medical condition that, if not treated, might cause organ failure and the like.... OLC’s clumsily definitional arbitrage No mention whatsoever of psychological pain (torture). Which is a medical condition that can result in any of the above. Pesonally, I'd prefer the physical pain anyday. It's probably interwoven. Pain and physical. I don't think I could handle either one really. Speaking realistically, no, not for a minute! |
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