No Comment — June 18, 2007, 4:21 pm

Nino Scalia: Hollywood’s Justice

As the climate in Washington, D.C. descends into the torrid, who can blame Nino Scalia for accepting an invitation that involves travel far to the North? It seems the nation’s most controversial judge is up in Ottawa attending an international conference on national security and counter-terrorism law. And the comments of a Canadian judge caused him some offense.

What were the remarks that got Scalia so worked up? A swipe at the Bush administration? An assertion of Canadian cultural supremacy? No. It seems it was a critique of Scalia’s favorite television program. The Globe and Mail reports:

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.

The Globe and Mail reports that Scalia was all by his lonesome on this, other judges were taking none of it. But Scalia was adamant, and made clear that “24” shaped his perception of what was right:

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.”

Jane Mayer’s amazing piece on “24” published recently in the New Yorker made clear that the producers of the piece had a transparently political agenda, which was to legitimize the torture tactics used by the Bush Administration. There can be no doubt that the show has had an impact. But influencing one of the world’s best known judges – who would have thought of that?

Share
Single Page

More from Scott Horton:

From the April 2015 issue

Company Men

Torture, treachery, and the CIA

Six Questions October 18, 2014, 8:00 pm

The APA Grapples with Its Torture Demons: Six Questions for Nathaniel Raymond

Nathaniel Raymond on CIA interrogation techniques.

No Comment, Six Questions June 4, 2014, 8:00 am

Uncovering the Cover Ups: Death Camp in Delta

Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp

Get access to 164 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

May 2015

Black Hat, White Hat

= Subscribers only.
Sign in here.
Subscribe here.

Beyond the Broken Window

= Subscribers only.
Sign in here.
Subscribe here.

In Search of a Stolen Fiddle

= Subscribers only.
Sign in here.
Subscribe here.

Displaced in the D.R.

= Subscribers only.
Sign in here.
Subscribe here.

The Quietest Place in the Universe

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
Beyond the Broken Window·

= Subscribers only.
Sign in here.
Subscribe here.

“By the time Bratton left the department, in 2009, Los Angeles had quietly become the most spied-on city in America.”
Illustration by Taylor Callery
Article
Displaced in the D.R.·

= Subscribers only.
Sign in here.
Subscribe here.

“How is it possible that my birth certificate is invalid if I was born here?”
Photograph by Pierre Michel Jean
Article
The Quietest Place in the Universe·

= Subscribers only.
Sign in here.
Subscribe here.

“Gaitskell and his colleagues are approaching the revelation of a new order, a new universe, in which even light will be known differently, and darkness as well.”
Painting by Sebastiaan Bremer
Article
The Test of Time·

= Subscribers only.
Sign in here.
Subscribe here.

“One by one his books dismantle the idea that art consoles, that art contains truths, that art expresses the soul. He insists on the artificiality and createdness of his narratives.”
[Browsings]
On Broadway·

= Subscribers only.
Sign in here.
Subscribe here.

Photograph by the author

Estimated number of genetically modified mosquitoes released since 2012 to combat dengue and chikungunya:

70,000,000

In Brazil, a herpetologist reported seeing a male black-and-white tegu copulate with a dead female. “I felt a sense of wonder,” he said.

Florida state officials announced plans to patrol Palm Beach County four to six times a month in order to kill five-foot-long lizards that are presumed to be responsible for a drop in the population of feral cats and the disappearance of a number of Dachshund puppies.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Subways Are for Sleeping

By

“Shelby is waiting for something. He himself does not know what it is. When it comes he will either go back into the world from which he came, or sink out of sight in the morass of alcoholism or despair that has engulfed other vagrants.”

Subscribe Today