The new Attorney General doesn't seem to have an answer.
The post, at Patterico's blog, is not very interesting, but the comments are.
In particular, we have a pointer to this piece at Blackfive. It in turn links to a post at National Review Online's "Corner" blog here.
...As a former Army Counterintelligence Agent, I conducted battlefield interrogations of enemy prisoners of war as well as strategic debriefings of higher value targets, and I've served in bad places where bad things will happen if you don't get the information.
On more than one occasion, I had discussions with some of our operators regarding the obtaining of information in the ticking bomb scenario. Our discussion ran along the lines of "It's against the law. It's against the UCMJ. We'd go to jail. But if we knew the bomb was ticking, and this guy had the information that could save dozens or hundreds or more people, or if the team (the operators and the unit) were going to be wiped out if we didn't get it, I'd whip out a hatchet and an entrenching tool and go to work on him."
We were comfortable with this fairly horrible ambiguity and the bad consequences that would accompany it only because the military ethos was to sacrifice ourselves for others, and the notion of incurring legal jeopardy to save others struck us as a righteous cause, but it had to be predicated on the necessity of the ticking bomb....
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