Essentially Scalia is advocating jury nullification here, because there are any number of crimes that Jack Bauer has commited including murder, hijacking, torture, armed robbery, kidnapping, and instigating a jailbreak for a federal prisoner all in the name of exediency not "Justice".
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."
There's never enough time for a pesky Warrant (or even probable cause for the type of 3 day after the fact warrants that are available under the patriot act). There's never enough to time to find out if you actually have the correct house, the correct suspect or are even pursuing the correct crime on that show.
For those who think Jack is a "hero" consider this - he single handedly hijacked Marine One, then kidnapped and tortured the President - who by the way didn't talk. Who could ever do that and not wind up somewhere under Leavenworth? He's tortured his own brother nearly to death, and then was so incompetent as to leave him unprotected when their father came in to finish the job to keep him quiet. In this latest season, people could say that he helped avert a shooting war between America and the Soviets, except for the fact that the piece of Russian technology that they were arguing over was stolen by Jack in the first place in order for him to try and pull off an exchange with the Chinese to save his ex-girlfriend. An exchange that went completely awry of course.
This "ends justifies the means" crap is how we get people like Tim Griffin Caging the Votes of African American Soldiers and then having a crying jag about how persecuted he's been. It's how we get people like David Safavian, and Claude Allen working the White House or Monica Goodling and Brad Schlozman at the DOJ. It's how we wound up in the middle of a
Jack Bauer is a Criminal. He should be tried and convicted for his crimes. Afterward, when he's done some jail time, he (like Scooter Libby if one were to actually follow the Justice Dept. Guidelines) might be reasonably eligible for a Presidential Pardon for his service to his country, but not before. Failing to address his lawlessness with legal sanctions has simply allowed it to grow more and more egregious. Now he's become a total loose cannon, who is on the run from the government for his variuos actions of insubordination as of the end of the latest season.
Oh by the way, I hear the department of Homeland Security is upping the threat level because they've heard that Snidley Whiplash is on the loose and plans to stur up trouble as soon as he hooks up with Natasha and Boris Badinov.
That's right after the terrorists attacks against President Harrison Ford on Air Force One and the Nakitomi Plaza Incident - we have to be all the more vigilant against these animals, and be ready to use any and all means neccesary to combat them.
Hello! It's a fricking TV SHOW!
It's bad enough that our troops and west point cadets already seem to be taking hints from Jack Bauer on morality and the law rather than from thier own instructors now we have this.
But just remember kids, even though "Jack Bauer saved Los Angeles", Buffy Summers saved the Whole World - A Lot.