philosophy assignment

 The President has just presented some proposed legislation to Congress that includes the following provision (hereinafter called the “Kidnapping Exigent Circumstances Interrogation Provision” or “KECIP”): (a) The United States Attorney* shall have the right to an emergency hearing in the District Court (hereinafter called a “KECIP Hearing”) within 24 hours of a suspect’s arrest when (1) Pursuant to a lawful arrest, a suspect is held in federal custody pursuant to a charge of kidnapping; and (2) The whereabouts of the person or persons allegedly kidnapped remain unknown to federal law enforcement officers. (b) If, in the KECIP Hearing, the court determines that the United States Attorney has shown, by clear and convincing evidence,† that: (1) The whereabouts of the person or persons kidnapped is unknown to law enforcement officers; (2) The suspect is responsible for kidnapping said persons; (3) The suspect has reason to know of the current location of said persons; and (4) That the use of the interrogation technique commonly known as “waterboarding,” within the duration of the period prescribed herein, is substantially likely to result in the suspect disclosing the current whereabouts of said person(s), then federal law enforcement officers shall have the unrestricted authority to use waterboarding for the purposes referenced herein for a period of 72 hours, during which period the suspect shall have no right to counsel, nor to appeal the court’s decision, nor to apply for a writ of habeas corpus. (c) The authority granted in part (b) hereof is subject to the condition that qualified medical personal shall be in attendance during the entirety of said 72 hour period. (d) No information disclosed by the suspect at any time during said 72 hour period, or subsequently discovered or obtained on the basis of such disclosure, shall be admissible in trial in prosecuting the suspect, such evidence being excluded on the basis of Fifth Amendment protections safe-guarding the right against self-incrimination.