Scalia: "I don't care about holding people. I really don't" and "Jack Bauer saved Los Angeles!"
I kid you not. I know that torture-loving conservatives have a hard time distinguishing fantasy from reality, but this is ridiculous. From The Globe and Mail:
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.
Er, Judge? 24 is a TV show. And the military has expressed its displeasure to its (Israeli) producer, because the troops emulate 24's techniques, and they don't work. In fact, they believe that Scalia's jurisprudence is having toxic effect:
his past November, U.S. Army Brigadier General Patrick Finnegan, the dean of the United States Military Academy at West Point, flew to Southern California to meet with the creative team behind “24.” Finnegan, who was accompanied by three of the most experienced military and F.B.I. interrogators in the country, arrived on the set as the crew was filming. At first, Finnegan—wearing an immaculate Army uniform, his chest covered in ribbons and medals—aroused confusion: he was taken for an actor and was asked by someone what time his “call” was.
In fact, Finnegan and the others had come to voice their concern that the show’s central political premise—that the letter of American law must be sacrificed for the country’s security—was having a toxic effect. In their view, the show promoted unethical and illegal behavior and had adversely affected the training and performance of real American soldiers. “I’d like them to stop,” Finnegan said of the show’s producers. “They should do a show where torture backfires.”
But pragmatism means nothing to your typical conservative. Torture is the ultimate in enforcing deference, and so they like it.
"I don't care about holding people. I really don't," Judge Scalia said.
Even if a real terrorist who suffered mistreatment is released because of complaints of abuse, Judge Scalia said, the interruption to the terrorist's plot would have ensured "in Los Angeles everyone is safe." During a break from the panel, Judge Scalia specifically mentioned the segment in Season 2 when Jack Bauer finally figures out how to break the die-hard terrorist intent on nuking L.A. The real genius, the judge said, is that this is primarily done with mental leverage. "There's a great scene where he told a guy that he was going to have his family killed," Judge Scalia said. "They had it on closed circuit television - and it was all staged. ... They really didn't kill the family."
Not a dry conservative seat in the house, eh?
"I don't want to bypass the Constitution, but these are extraordinary circumstances."
"I don't care about holding people. I really don't."
The circumstances are always extraordinary, aren't they?
NOTE Oddly, or not, this story comes from a Canadian newspaper, the Globe and Mail, and it hasn't gotten any stateside coverage at all from our famously free press. Of course, after the Maher Arar affair, the idea of torture doesn't seem to Canadians like something that happens on TV to les autres:
Maher Arar is a 34-year-old wireless technology consultant. He was born in Syria and came to Canada with his family at the age of 17. He became a Canadian citizen in 1991. On Sept. 26, 2002, while in transit in New York’s JFK airport when returning home from a vacation, Arar was detained by US officials and interrogated about alleged links to al-Qaeda. Twelve days later, he was chained, shackled and flown to Syria, where he was held in a tiny “grave-like” cell for ten months and ten days before he was moved to a better cell in a different prison. In Syria, he was beaten, tortured and forced to make a false confession.
During his imprisonment, Arar's wife, Monia Mazigh, campaigned relentlessly on his behalf until he was returned to Canada in October 2003. On Jan. 28, 2004, under pressure from Canadian human rights organizations and a growing number of citizens, the Government of Canada announced a Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar.
On September 18, 2006, the Commissioner of the Inquiry, Justice Dennis O'Connor, cleared Arar of all terrorism allegations, stating he was "able to say categorically that there is no evidence to indicate that Mr. Arar has committed any offence or that his activities constitute a threat to the security of Canada."