Policy and Fiction

It appears our torture policy is based on fiction. Yeah, we knew that. But, really, on fictional character Jack Bauer of the TV show "24" according to Dahlia Lithwick of Newsweek. Jack, played by Kiefer Sutherland, is a counterterrorism agent. When our torture policy was formulated after 9/11 he was cited more frequently than the Constitution and after Bauer saves Los Angeles from a bomb even Supreme Court Justice Antonin Scalia wouldn't want to convict him.

But Bauer's world differs from ours in a number of crucial areas. (1) Bauer faces ticking time bombs every other episode. Real world: not so much. (2) Bauer gets accurate intel from his torture subjects before the commercial. Real world: torture victims rarely tell the truth. (3) Bauer knows what he does is illegal. Real world: If Jack Bauer does it, it can't be illegal. (4) Bauer accepts the consequences of breaking the law and is heroic for it. Real world: they point fingers crying "witch hunt."

Note to Bush: Jack Bauer isn't Real Life.