Thursday, June 21, 2007

Scalia: The Jack Bauer Torture Test

Scalia is a fruitcake and a dangerous one, at that!

Daily Kos: Scalia: The Jack Bauer Torture Test:

This is what we have come to: Supreme Court justices citing Hollywood for 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.'

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