It’s surprisingly disappointing just how little progress we’ve made on certain basic questions about torture.
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 [Justice Antonin 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."
It’s likely that Scalia was using a cultural reference to prove a broader point about torture and the rule of law, but I’m not entirely sure what that point is. It seems to have something to do with Scalia’s apparent belief that those U.S. officials who commit torture deserve legal amnesty, just so long as the ends justify the means.