Saturday, July 26, 2008

The Bauer of Suggestion:

The most influential legal thinker in the development of modern American interrogation policy is not a behavioral psychologist, international lawyer, or counterinsurgency expert. Reading both Jane Mayer's stunning The Dark Side and Philippe Sands' The Torture Team, I quickly realized that the prime mover of American interrogation doctrine is none other than the star of Fox television's 24: Jack Bauer.

This fictional counterterrorism agent—a man never at a loss for something to do with an electrode—has his fingerprints all over U.S. interrogation policy. As Sands and Mayer tell it, the lawyers designing interrogation techniques cited Bauer more frequently than the Constitution.

According to British lawyer and writer Philippe Sands, Jack Bauer—played by Kiefer Sutherland—was an inspiration at early "brainstorming meetings" of military officials at Guantanamo in September of 2002. Diane Beaver, the staff judge advocate general who gave legal approval to 18 controversial new interrogation techniques including water-boarding, sexual humiliation, and terrorizing prisoners with dogs, told Sands that Bauer "gave people lots of ideas." Michael Chertoff, the homeland-security chief, once gushed in a panel discussion on 24 organized by the Heritage Foundation that the show "reflects real life."