Should the judge ruling on Jose Padillla's case have to undergo the same treatment to determine if torture?

Answer:
Sorry, deux, you're getting to be too much of a liberal. If the judge released Padilla by reason of "outrageous government conduct", he'd be giving hundreds of "terrorists" the keys to their jail cells.

Seriously, as a human being, this judge could have figured that Padilla was tortured. The old obscenity standard gives a good enough definition.

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The judge in the Padilla case only ruled that claims of torture were not enough to force a dismissal of the case. The torture claims can be raised at trial. Her ruling is not nearly as significant as the media would have us believe.

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The judge is merely using the letter of the law. The media exploits the rest.