By MichaelJames

Sep 26, 2009 11:55am

Civil Liberties Activists Embrace ‘Law & Order’ Season Premiere

As we all know, in the criminal justice system, the people are represented by two separate yet equally important groups: the police who investigate crime and the district attorneys who prosecute the offenders.

Last night's episode of television's longest running drama — NBC's "Law & Order" — featured District Attorney Jack McCoy prosecuting a John Yoo-esque Bush administration Justice Department attorney for writing a legal memo authorizing the torture of detainees.

"Jack, you want to prosecute a member of the Bush administration for assaulting suspected terrorists?" McCoy is asked in the season premiere episode, titled "Memo from the Dark Side."

"The word is 'torturing,'" says McCoy, played by Sam Waterston. "And yes — it's about time somebody did."

The episode has been embraced by some of the most vocal advocates for prosecuting actual Bush administration officials for torture.

Anthony D. Romero, executive director of the American Civil Liberties Union, wrote on the Huffington Post that "[w]hat McCoy understands is that in America, the rule of law applies to everyone. No one is above the law, not even (and some might say especially) the most powerful. … In real life, there has yet to be an investigation into the high-level authorization of torture, a crime that has stained the reputation of our nation at home and abroad."

Writes Romero: "Toward the end of the episode, the assistant D.A. declares, '[I]t is not disloyal to hold our officials to the highest standards of conduct.' Indeed. In fact, it is the epitome of loyalty and patriotism to do so. Now the question is, in real life, will Attorney General Holder rise to the occasion?"

Over at Salon, Glenn Greenwald interviews the show's executive producer and lead writer René Balcer.

"Three specific aspects of the episode impressed me most," Greenwald writes, "(1) its depiction of torture and those who authorized it is deliberately realistic, so it's crystal clear exactly which Bush officials they are indicting (it contains the infamous Yoo endorsement of presidential testicle-crushing); (2) it focuses on the deaths caused by the American torture regime, not merely some 'water poured down three people's noses'; and, most of all: (3) it develops a plausible and thoughtful theory for how criminal liability could be imposed on the DOJ lawyers who authorized Bush's torture.  If nothing else, this depiction of the brutality of America's torture and the need for accountability will likely reach at least some who haven't been previously exposed to such arguments, and provides a good counterweight to the standard depiction of torture in American entertainment as something employed by heroic protectors."

-jpt

User Comments

Isn’t the ACLU currently being investigated for taking pictures of CIA agents near their homes and showing them to Gitmo detainees?
Until I hear more about that, I’ll hold off on caring about their opinion.

Posted by: MayBee | September 26, 2009, 11:58 am 11:58 am

Which is exactly why I do not watch that stupid show any longer. The politics crept in gradually over the years and now the show is a tool of the left wingnuts.
They never did a show about Marc Rich’s pardon from Eric Holder.
They never did a show about Eric Holder’s pardoning of the FALN terrorists.
They never did a show featuring a Presidential candidate with a Communist anarchist mentor.
They never did a show about how the Taliban treats US soldiers.
Nope.

Posted by: drjohn | September 26, 2009, 12:00 pm 12:00 pm

They officially have lost this viewer….I had been a loyal fan from the first episode and have put up with the left wing crap that has seeped in to the show the last couple of years…last night was the last straw. No more for me. NBC’s death spiral in the ratings continues.

Posted by: HobokenJohn | September 26, 2009, 12:06 pm 12:06 pm

Continuing why I don’t watch this show anymore. Its blatant and repugnant bigotry against Christians and non-liberals should have been protested by civil-liberties organizations.

Posted by: Jack Savidge | September 26, 2009, 12:15 pm 12:15 pm

Another long time viewer lost.

Posted by: victoria_29 | September 26, 2009, 12:20 pm 12:20 pm

A cowardly presentation in all. Not because they confronted the issue, but because they chose to confront only weak straw men for the tactics used.
Damning it is to their case that they didn’t think it could stand up to the most intelligent and thoughtful arguments. And weak drama as a result.

Posted by: Ric P. | September 26, 2009, 12:21 pm 12:21 pm

I, too, am done with Law & Order, and I’ve deleted it from DVR recording.
The studios & executives have every right to air this style of political programming, and I have every right not to watch it any longer – and to tell my friends why I don’t.
I remember feeling this same way about MASH. Jeez, why does good ENTERTAINMENT have to dissolve into the arrogant preaching of its principals?

Posted by: Julie Grice | September 26, 2009, 12:30 pm 12:30 pm

Enough of the left wing media/Hollywood bigotry and self-rightousness. We watch TV to be entertained not to be lectured. I express my opinion by not watching certain shows and networks. I think advertisers should re-think their ad budgets which is what smart Capitalists would do.

Posted by: silverbelle1008 | September 26, 2009, 12:32 pm 12:32 pm

Civil Liberties are a wonderful thing to behold, but they must come with civil responsibilities. We cannot opt out of protecting our innocent!

Posted by: FredPinVT | September 26, 2009, 12:42 pm 12:42 pm

Law and Order regularly depicts over zealous prosecutors subverting the Constitution to lock up the bad guys. They have one “rule of law” episode and Anthony Romero and Glenn Greenwald go nuts. Taken as a whole, Law and Order should be a liberal’s nightmare.

Posted by: James King | September 26, 2009, 12:47 pm 12:47 pm

The far left supports the far left! Alert the media!
Oh, wait…

Posted by: LauraV | September 26, 2009, 12:58 pm 12:58 pm

“”More liberal fantasy wish fulfillment.”
Don’t be so surly. Right wingers get the remake of red Dawn coming out soon.
“You’d think BDS would’ve dissipated by now, but I guess the force is strong in some.”
Yeah why would people be concerned about the legal hacks who authorizied the undermining of our values.
Posted by: Concerned in OH | Sep 26, 2009 1:06:57 PM
Hmmm

Posted by: Ryan C | September 26, 2009, 1:33 pm 1:33 pm

I WAS a long-term loyal fan of Law and Order. I even loved to watch the reruns. I watched to be entertained. The first episode of the new season was offensive and, for the first time in the series, BORING. You have lost a long-time passionate-about-the-series viewer. I don’t watch drama on TV to be indoctrinated with somebody else’s political views, no matter what they are, right or left.

Posted by: Gloria | September 26, 2009, 1:47 pm 1:47 pm

That opening for L&O always bothered me, even though I know that in theory it is technically correct.
What is really bothersome about it is its effect of hiding the role of, or even the existence of, The State.
In American politics, we’re supposed to pretend that The State doesn’t exist, and our political history is the history of a series, a succession of, “administrations”.
I suppose thats fine for most, but anyone with more than a seventh-grade education knows that whether the president is Obama or Bush, the same people are pulling the strings.
Its the fact that under the guise of representing the people, these two groups in fact carry out the wishes of The State.

Posted by: Flash Override | September 26, 2009, 2:05 pm 2:05 pm

My family and friends always teased me about my loyalty and obsession to Law & Order. That will officially end now. No Mas.
Hollywood and television and MSM all need to learn: America is sick of being bombarded with ideology of the left.
I doubt I’ll be alone in turning off a show that has decided to take a side, but maybe they should have remembered that Obama is NOT as well loved as the MSM would have us think: he could NOT even win the popular vote in his own Party – Hillary did! So there are literally millions of Americas who went into this year, not being totally sold on Obama to begin with, especially when one adds in the Independents who are abdicating their former loyalty to Obama.

Posted by: Elaina | September 26, 2009, 2:08 pm 2:08 pm

I, too, have been a fan of all of the Law and Order shows and was very disillusioned at last nights season opener. When I realized what this was about I immediately turned it off. This is supposed to be a fictional show as it says at the beginning and that is what I expect to watch not a newscast or editorial. If I want to be told how to think about current events I will watch the news shows and I certainly don’t appreciate having to be exposed to what someone else believes when I am watching a TV program that is supposed to be for entertainment. I am sorry to say that I will not longer watch any of the L & O programs.

Posted by: Tennessee Fan | September 26, 2009, 3:22 pm 3:22 pm

Wow! Believe it or not, I’ve never watched any of the Law & Order series of shows. But based on all the hoopla I’ve head here, I just may have to start watching them.
It’s hearterning to know that we jusr might have a replacement for “Boston Legal,” which was a most enlightening program.

Posted by: SuLee | September 26, 2009, 3:39 pm 3:39 pm

GREAT show, but I’m sure most of the people who really needed to hear what torture really is, turned off the program at once. “You can’t handle the truth.”

Posted by: Cassandra | September 26, 2009, 3:41 pm 3:41 pm

If the right had watched the show to the end, they’d have been gratified. They only want one brand of info to be heard so they missed a terric show with points made by BOTH sides. They want it all their way – typical facists – by controling all the information. YOUR SIDE WON AND YOU MISSED IT!

Posted by: Cassandra | September 26, 2009, 3:45 pm 3:45 pm

“When I realized what this was about I immediately turned it off.” – Heaven forbid that you should ever expose yourself to anything that might challenge your deeply held onvictions. Its much safer that way.

Posted by: Mark from atlanta | September 26, 2009, 3:51 pm 3:51 pm

Says one righty, “Another long time viewer lost.” As I said before, because you didn’t watch the show, you missed good agruements from both sides, AND you missed an Obama-based WIN BY YOUR SIDE.

Posted by: Cassandra | September 26, 2009, 3:52 pm 3:52 pm

The right are more crybabies than fascists, really. It’s not so much that most of them want to control what information is out there. They just want to stomp, cry, and take their ball and go home when both sides of an argument are presented or when faced with any information that doesn’t just reinforce their existing prejudices.
It’s a fact that U.S. government has prosecuted others for war crimes when they water boarded people in their custody. No legal theory or political spin can make water boarding appear legal next to that fact.

Posted by: Policywank | September 26, 2009, 3:58 pm 3:58 pm

I haven’t watched L&O in a long time. Might be time to start back!

Posted by: FrankleeMiDeer | September 26, 2009, 4:10 pm 4:10 pm

“Civil rights aren’t for the bad guys!” Just making sure that’s what I’m hearing from You People. You should just hope no one ever decides you’re one of the bad guys!
“But I’m innocent!” “Waterboard him again! He’s a lying terrierist!”

Posted by: FrankleeMiDeer | September 26, 2009, 4:13 pm 4:13 pm

I’m beginning to think that Gerald Ford was the only true public servant I’ve seen in my lifetime.
I did not understand Ford’s choice at the time, but I think I do now. He chose to pardon Nixon rather than have his nation torn to pieces. He chose his nation’s best interests rather than to further his political career. It takes a public servant with moral courage to make these kinds of hard choices.

Posted by: SjB | September 26, 2009, 4:14 pm 4:14 pm

I find it interesting all the people saying they turned it off. It made an argument for both views of the debate. Is expanding your minds and thoughts that frightening to you? Maybe seeing a different point of view might help you understand the debate, not necessarily agree with that other side, but at least know why they feel as passionately about their views as you do yours!

Posted by: Try the truth | September 26, 2009, 4:15 pm 4:15 pm

No surprise. “Law and Order” has increasingly had a left wing/civil liberties slant.

Posted by: HenryC | September 26, 2009, 4:51 pm 4:51 pm

I can’t help thinking we’d be much better of if Ford hadn’t pardoned Nixon, and he stood to account for his crimes, especially the fourth article of impeachment, the illegal bombing of Cambodia.

Posted by: Flash Override | September 26, 2009, 5:32 pm 5:32 pm

I am against torture i am neither right wing or left. I am an American. The Hague rules and Geneva conventions were cavalierish rules created and agreed to by countries to be gentlemanly about war and prisoner treatment. That is the conventional way of thought. Al Queda is an unconventional enemy and will require unconventional methods to get human intel. Terrorist have no state, no prime minister, no infrastructure to bomb out to force them to conform. No i don’t believe in torture, what i do believe is that making a suspected terrorist as extremely, extremely uncomfortable as possible without causing death. If that keeps my mother from being blown up in building or keeps my daughter from being killed a terrorist attack i am cool with that. if someone has a better way that works than i am open to it.

Posted by: pdogg757 | September 26, 2009, 5:53 pm 5:53 pm

pdogg757,
I think your a “suspected terrorist”. Say “Good bye” to that family of yours and please report to GITMO so we can get some “human intel”. (Do you see the problem with this?)

Posted by: steve3589337 | September 26, 2009, 6:26 pm 6:26 pm

“I find it interesting all the people saying they turned it off. It made an argument for both views of the debate.”
I didn’t see the episode (have never seen L&O). What were the “pro” interrogation views and what makes you think they were presented as forcefully and in as caricature-free manner as the “anti” interrogation views?

Posted by: PD | September 26, 2009, 11:19 pm 11:19 pm

This isn’t a new phenomenon – plenty of movies & TV shows are basically propaganda to brainwash viewers into supporting left-wing ideas.
What is more troubling is that the mainstream media which is supposed to report facts & accurate analysis does the same. Even our schools have fallen victim to the same phenomenon.
Political correctness will wreck havock on our country, much as it’s already done in Europe.
This is especially true re: anything to do with Islam.

Posted by: Terry | September 27, 2009, 3:01 am 3:01 am

I saw part of a movie not long ago, I stopped watching about 1/2 an hour into this piece of garbage. The movie was about a terrorist plot to commit some atrocity, I think a biological weapon.
And, imagine, the terrorists were blond Scandanavians ……
Tell me how plausible that is.

Posted by: Terry | September 27, 2009, 4:20 am 4:20 am

“Even our schools have fallen victim to the same phenomenon. Political correctness will wreck havock on our country”
I hate it when my havock gets wrecked. The repair work wreaks havoc on my pocketbook.

Posted by: Rudy | September 27, 2009, 5:41 am 5:41 am

I like it when Hollywood postures like the font of all truth and morality. It’s comedic, but perhaps not in the way they intend.
Does anyone need to be subjected to pious sanctimony from Hollywood writers, producers and actors who have never stood eyeball to eyeball with someone who wants to cut their heads off? No.
This country has enough of the left’s “courageous” calls to patriotism made from behind the shield of brave men and women who do stand eyeball to eyeball with the worst of humanity. That’s why nobody watches TV anymore, and why newspapers are going bankrupt. Their views are not patriotic or courageous, just obnoxious.

Posted by: mr | September 27, 2009, 2:02 pm 2:02 pm

Hot air from conservative, right-wing commenters. Your intolerance is disgusting. This show was not about promoting a left or right view, but about the principles of our Constitution and the values that underpin them. It was about the struggle to be true to those principles in difficult times and complex situations. Those people who are saying they will never watch the show again would prefer that everything in life be forced into neat categories of black and white. They want music, poetry, television, movies, novels, etc. to present a neat, unconflicted, unsophisticated view of the world–namely, their view. Fortunately, it’s a free country, and you are free to turn off your tv, cancel your newspaper and magazine subscriptions, throw out your library card and hide in a bunker where you can create your own entertainment. Just don’t fool yourself that you’ll be missed!

Posted by: David | September 27, 2009, 3:02 pm 3:02 pm

There is a new book describing the Democratic Party’s libertarian roots and how they switched from Jefferson and Jackson to Rousseau and Marx in the 20th century. You’ll find it on Amazon Books or on the website

Posted by: Clay Barham | September 27, 2009, 6:25 pm 6:25 pm

the US and the russians are the greatest terrorists in the world since Hitler. they turned their foreign policies into crusades for their respective ideologies, willing to instigate, invade, torture and even murder in the name of their dogmas. both love to preach water while gulping down wine. both love to defend the law while breaking it as often as they can. both will go down in history as the ultimate failures of the mankind.

Posted by: jaymzz | September 27, 2009, 7:21 pm 7:21 pm

I used to love L&O. But over the last couple of years, the writing has followed the radical leftist Hollywood propensity, although they would like to think they accomplish it subtly and cleverly… another example is the episode earlier in the summer when L&O found a completely convoluted way to somehow link/compare tea party protests to the Baader Meinhof gang/RAF of the 70s/80s in Germany. Absolutely absurd and not at all surprising. Those who sympathize with radicals turning the table… which is a main component of Rules of Radicals. Hardly subtle or clever.

Posted by: BK | September 28, 2009, 12:30 am 12:30 am

Interesting, too, how the show is over before you know if the verdict is “guilty” or “innocent”. The left, foolishly, automatically and always presume guilt first; when it is the opposition being taken to task.
If the show’s proverbial show ere on the other foot? You can be darn sure the left’s inclination would be to presume innocence first and to allow the trial to play out to its just conclusion.
It’s a shame the left is so filled with hate instead of reason and rationale.

Posted by: Guest Comment | September 28, 2009, 4:55 am 4:55 am

I absolutely loved this episode. IMO, it wasn’t left wing or right wing, but reminded us that we, as Americans, must adhere to a higher standard of ethics. How can we criticize terrorists when we ourselves condone & practice terrorist torture methods?
As a New Yorker who watched the Twin Towers burn & fall, I know how easy it is to feel that we must protect ourselves at any cost. But at the cost of our innate goodness? No.

Posted by: DonnaJo | September 28, 2009, 9:06 am 9:06 am

I used to love L & O. Lately it is less entertainment and more in you face politicized. Last night was the last episode for me.

Posted by: Elaine | September 28, 2009, 9:58 am 9:58 am

as an independent voter and a patriotic american i can only say that this episode speaks loudly to me. conventional or unconventional combatants should be treated the same. i used to believe that america stood for something greater but alas, we’ve succumbed to the low road regarding our view of torture. we americans are better than this and need to shout it out loudly. we aren’t the best and brightest because we follow the lead of the lowly but because we believe in a greater society than most of the rest of the world. our vision has become clouded by right-wing zealots.

Posted by: Rod Ellis | September 28, 2009, 8:36 pm 8:36 pm

A show with such a long record and running time regularly gets this sort of publicity. But it’s good though in my opinion because the show is very critical and I think that people in those fields of law do notice it.
You say batman I saw Vawncast

Posted by: Roger | September 28, 2009, 10:07 pm 10:07 pm

The torture I find most abhorrant is using children as human bombs, beheading,chopping off other limbs, and blowing up innocent people hence 9/11. I don’t recall America ever doing this. As for Cambodia, we left and what did the left do? Did they protest the killing fields? That is what happens when you have barbaric leaders!I don’t recall the peace loving left protesting that! Where was the Geneva Convention after 9/11? Humiliation, water boarding, or any other punishment we have done to terrorists connot be compared to what they have done or would like to do to every living infidel( Non-Muslim)living. Just read the Koran.

Posted by: Been There | September 29, 2009, 1:27 am 1:27 am

What do we expect from Hollywood? These are the same people who are trying to shield Roman Polanski and outraged that he would be extradited to face trial for drugging, raping, and sodomizing a 13 year old girl. But apparently it’s ok, since the girl is now in her 40′s and finally got over it (eg: holds no malice towards him).

Posted by: SjB | September 29, 2009, 12:05 pm 12:05 pm

THIS IS A VERY BRAVE ARTICLE that makes honor to a VERY BRAVE EPISODE of Law and Order.
Killing humans is never ok! People before being “patriotic” you should start being “human”
Haters, you sound like robots with no soul. Not all Arabs are “terrorists” and if “terrorist” is someone that enjoys killing and teaches kids how to will, how would you call sadistic people like BUSH training YOUR KIDS to KILL indigenous people?
You think extremists live in another country? For God’s sake (and I’m a Christian) READ YOUR OWN COMMENTS. How do you want Arabs not to hate us when WE SUPPORT the METHODICAL APPLICATION of PAIN in other human beings?

Posted by: Laurie | May 30, 2011, 12:40 pm 12:40 pm

Not sure why I read anything on entertainment these days.

Posted by: Rex Hamblen | October 18, 2011, 9:28 am 9:28 am

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