Supreme Court Justice Antonin Scalia on the show 24 and Jack Bauer’s use of torture: “Jack Bauer saved Los Angeles. … He saved hundreds of thousands of lives …Are you going to convict Jack Bauer?” Scalia subsequently goes on to say how pleased he was with one sequence where Bauer convinces a terrorist that unless he talks, his family will be executed.
This wouldn’t be worthy of discussion if Scalia hadn’t told the BBC last month that he not only thinks torture acceptable when lives are in imminent danger–the “ticking bomb” scenario–but once you accept that, you have to consider it valid to use torture on people for general information (I’ll be discussing this further in Saturday’s column).
Actually, no we don’t. As someone once put it, it’s possible to come up with a situation in which you have to kill a child to save hundreds of lives—let’s say because a terrorist with a nuclear bomb is using the kid as a shield while he presses the detonator. It does not therefore follow that this makes shooting children in other situations (or like Jack Bauer, threatening to shoot them) an alternative that should be considered.
And then we have Homeland Secretary Michael Chertoff saying “I thought that there was one element of the shows that at least I found very thought-provoking, and I suspect, from talking to people, others do as well… I think when people watch the show, it provokes a lot of thinking about what would you do if you were faced with this set of unpalatable alternatives, and what do you do when you make a choice and it turns out to be a mistake … It’s very easy in hindsight to go back after a decision and inspect it and examine why the decision should have been taken in the other direction. But when you are in the middle of the event, as the characters in ‘24′ are, with very imperfect information and with very little time to make a decision, and with the consequences very high on a wrong decision, you have to be willing to make a decision recognizing that there is a risk of mistake.”
In other words, we can’t wait to prove all those enemy combatants are innocent because if they’re guilty and if there’s a bomb out there and if we don’t torture them to find out what they know then something bad might happen so anyone who objects to Bush authorizing the torture of innocent people obviously hates America and loves bin Laden. So there.
I watch 24, I like 24. But I don’t watch it because it makes me think about the ethics and legality of the use of torture in real life, any more than people who watch The Punisher are intrigued by the ethics of when to resort to vigilante justice. I watch it because it’s entertaining and well-made enough and fictional, none of which is the case with real torture. And for all the pretense it confronts us with serious issues about torture, it’s pointedly avoided many of them: Nobody has ever given a false confession to stop the pain or made up information, for instance.
As for the “Would you prosecute Jack Bauer?” question, I think if a CIA agent actually did save LA from a nuclear bomb by the use of torture, no jury in the country would convict him. But Chertoff to the contrary, we’re not dealing with ticking-bomb cases under the current administration, we’re dealing with the Maybe there’s a bomb, Maybe they know something, Maybe the consequences of not torturing will be bad.
That’s not good enough. Not for America.