So far, a jury and four judges in Texas have concluded that it was.
The answer, the judge and lawyers concluded, was that he could.
Even the judge, it seemed, had concluded that Jack was guilty.
"It was just done and I guess the judge concluded there's no reason not to refer these individuals," he said.
The judge concluded that the evidence - both secret and public - against him did not hold up to scrutiny.
The judge in the case concluded that they were.
"She was undoubtedly speaking about a matter of public concern", the judge concluded.
"Men were tortured in front of each other," the judge concluded.
He was not the "original intended victim," the judge concluded.
The judge concluded the hearing to give the parties time to reach a settlement.