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A reasonable person would never say “if we are to have torture” as a reasonable person would disavow torture entirely. Perhaps the fuller quote is more illuminating:
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. Judges should have to issue a "torture warrant" in each case. Thus we would not be winking an eye of quiet approval at torture while publicly condemning it.
I.e. dersh is advocating not against torture, but for it to take place inside a legal framework. Which I guess is logical, but also disgusting.
also dershowitz:
then there's his fun relationship with Jeffrey Epstein, the - at least two - accusations from women that they were forced to have sex with him against their will, and his public arguments for the lowering of the age of consent.
he seems nice.