I wonder if he'd give the same answer after being water boarded:
STAHL: If someone's in custody, as in Abu Ghraib, and they are brutalized, by a law enforcement person — if you listen to the expression 'cruel and unusual punishment,' doesn't that apply?
SCALIA: No. To the contrary. You think — Has anybody ever referred to torture as punishment? I don't think so.
STAHL: Well I think if you're in custody, and you have a policeman who's taken you into custody—
SCALIA: And you say he's punishing you? What's he punishing you for? When he's hurting you in order to get information from you, you wouldn't say he's punishing you. What is he punishing you for?