Boooooom

Goes the ticking time bomb scenario. Eliminate it from all consideration when formulating national policy regarding torture. I don't want to tackle Kinsley's salami logic at this point (basically where will you draw the line), but focus instead on his position that torture that it should be banned period, and that "what we would do or should do if this situation [ticking time bomb] actually arose is an interesting question for bull sessions in the dorm, but not a pressing issue for the nation." That's one way to weasel your way out of an argument, just acknowledge that there is none.

This line of reasoning is exactly the reason why Abu Gharib and Gitmo occurred. Advocates for the complete ban on torture hold their heads high and proclaim, "no torture ever, period, final, done".... well except, maybe, when the ticking time bomb scenario situation pops up again, but but but it should still be against the law! What are you going to do, prosecute the men and women who averted a major terrorist attack? or pardon them and by result nullify the law banning torture? This kind of murky and contradictory logic leads to confusion, broken rules, and innocent men and women being subjected to torture.

Make specific guidelines specifying who, what, where, when, and how torture is allowed, and laying out a system of regulatory bodies for oversight. Half-steps around the issue only lead innocent men and women hurt.