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It doesn't take much to totally destroy their hypothetical rationales. Let's go with one of their favorites, culled from popular fictional television programs and action movies: The ticking time bomb and the just-captured terrorist.
You know the guy's a terrorist, and that he knows where the ticking time bomb of doom is and when it's going to go off. But somehow, the authorities know he's a terrorist, but they don't know what he's been up to recently or who his associates are? Then how do they know the guy’s a terrorist? The idea that the authorities know this guy’s a terrorist but nothing else just beggars belief.
Okay, so they know the guy’s a terrorist, and they know about his ticking time bomb. Hw do they know all this, but not where or when the bomb is going to go off? How do they know the terrorist has planted a bomb, but they don’t know where the guy’s been recently? Did he just wander into FBI headquarters and announce his identity and intentions?
So, the guy’s a terrorist and they know he has some dastardly plot hatched. The time element also works against the authorities. If the bomb is going to go off at 9 a.m. tomorrow morning (remember, we have to torture because we’re on a time crunch), then the bad guy knows all he has to do is hold out through the night. Or, if he feels like he’s about to break, then he just sends the good guys off on a wild goose chase: The plot is a bomb planted in New York. He says that it’s a plot to poison Los Angeles’ water supply. Are you going to keep torturing the guy to make sure he really broke, or are you going to dispatch your guys to New York? That would be pretty hard core to keep torturing – you know, just to be sure.
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