Actually, you can…

"You can't come in smugly and with great self satisfaction and say 'Oh it's torture, and therefore it's no good'"

'Justice' Scalia

Of course you can. If it's torture, it's no good. There. Scalia actually spots the problem while missing the solution. Once you accept the proposition that torture, in some case, for some reason, might be acceptable, you're...

"…into a different game.

"How close does the threat have to be? And how severe can the infliction of pain be?"

Exactly. Because, really, who's to say?

Which why you not on can, but must, say that if it's torture, it's therefore no good.