re: #420 BeachDem

Not sure about that, but Scalia definitely did when talking about torture.

“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 what Scalia is arguing is lawlessness, that disobeying the law is itself lawful if the outcome is one that society agrees with. That if I murder a man, arguing that he was a terrorist planning to blow up a mall, then I should be allowed to go free if it does indeed turn out he intended to blow up a mall.