"Are Ya Gonna Convict Jack Bauer?"
That's the workings of the Great Legal Mind currently sitting on the Supreme Court, Antonin Scalia. Apparently, we now look to completely fictional and over-the top TV dramas that have lost audience share this season because of it's nonsensical story arcs in order to establish enduring constitutional principles:
Senior judges from North America and Europe were in the midst of a panel discussion about torture and terrorism law, when a Canadian judge's passing remark - "Thankfully, security agencies in all our countries do not subscribe to the mantra 'What would Jack Bauer do?' " - got the legal bulldog in Judge Scalia barking.
The conservative jurist stuck up for Agent Bauer, arguing that fictional or not, federal agents require latitude in times of great crisis. "Jack Bauer saved Los Angeles. ... He saved hundreds of thousands of lives," Judge Scalia said. Then, recalling Season 2, where the agent's rough interrogation tactics saved California from a terrorist nuke, the Supreme Court judge etched a line in the sand.
"Are you going to convict Jack Bauer?" Judge Scalia challenged his fellow judges. "Say that criminal law is against him? 'You have the right to a jury trial?' Is any jury going to convict Jack Bauer? I don't think so.
"So the question is really whether we believe in these absolutes. And ought we believe in these absolutes."
The other Canadian judges, in their own high-minded academic manner, told Scalia to go to hell, as they should. But why the hell is Scalia free to spout such nonsense in the first place? He and his kind can ever point to real-world situations where torture has saved people from an imminent threat, and since we are dealing with Islamic radicals, they would welcome such abuses - seeing it as the most holy martyrdom at the hands of their enemies. For the last time: torture doesn't work. The Abu Ghraib torture never helped us in Eye-Rack, torture is not helping us in Afghanistan, nor did it help in Vietnam or any other conflict. Our LACK of committing torure actually helped us defeat the Germans, whose squads would readily surrender to the Americans instead of to the Soviets whose prison camps they feared. So if Scalia thinks he's being a patriot, then he's dead wrong. He's just another man-child wanking off to cowboy movies.
I wonder how you can disbar a Supreme Court Justice?