The “ticking time bomb” scenario is arguably the most used justification for the use of torture. The problem with this scenario is that it is based solely on the discretion of the intelligence official. This policy addresses the idea of discretion as both the ability to make a decision and the ability to govern in terms of policymaking. Theodore J. Lowi in his article Legitimizing Public Administration: A Disturbed Dissent talks about where the constitutional ability to use discretion lies. He contends that discretion lies in the hands Congress first and foremost (Lowi, 1993, p. 263). A Congressional Committee of five to six individuals comprised of nominations from the president, congress, intelligence officials and public administrators
