Did Nick Fury Commit Any Original Sins on His Satellite?

Marvel’s Original Sin #6 revealed an elderly Nick Fury had been killing monsters below the surface of the Earth, dangerous creatures between dimensions, and even a living planet. Fury had used Gamma enriched bullets to kill these potential (or actual) “threats.” What we do not know is whether Fury killed the Watcher.

NickFury_Watcher_OriginalSin_0_ComplicatedThe Secret Warrior’s Secret War

Nick Fury apparently had spent years, if not decades, conducting “black ops” well outside the normal spy craft. Moreover, Fury was operating on space station (called a satellite in the story) that was launched at an unknown date.

Spies carrying out assassinations on national threats is nothing new.  Nations have used everything from exploding cigars to poison to snipers for years. Today Drones are used on Presidential “Kill Lists” to eliminate threats to United States.

What is different in Fury’s case is whether he is carrying out his “secret war” on his own or acting under someone’s orders. Ironically, Fury could have been a “secret warrior” since Franklin Roosevelt was President.

If Fury had been acting on Presidential orders dating back even to Roosevelt, or Truman, or Eisenhower, or Kennedy, his actions would be an extension of US foreign policy. If Fury was acting on his own, things get very complicated. While the nations of Earth would have plausible deniability on Fury committing potential acts of war in another plane of reality, an alien government might retaliate against Earth for Fury’s actions if caught.

Unless Fury kept Earth safe by eliminating threats.

Fury_InfinityFormula_OriginalSin6How Did Fury’s Satellite Get in Orbit?

Nick Fury’s space station was of unknown design and origin. The big question is how did it get in orbit?

The United States has looked to space exploration since the Eisenhower years. Private space flight is a national goal for low Earth orbit. Congress has stated that “the peaceful uses of outer space continue to be of great value and to offer benefits to all mankind.” 51 USCS § 50901. Granted, using a space station to launch black ops might maintain peace, but by its very nature is not “peaceful.”

Both the United States and the former Soviet Union have deployed military assets in space. The Soviets had a military space station program, plus the traditional “spy satellites.” The US also used spy satellites, plus the various tests for the Strategic Defense Initiative, and now the X-37B for long duration surveillance from space.

Fury’s space station had to be launched at some point. The station could be built in space, but that would still require sections being launched into space.

Space flight is highly regulated, even with commercial space flight. US law gives the  Secretary of Transportation the authority to “prohibit, suspend, or end immediately the launch of a launch vehicle or the operation of a launch site or reentry site, or reentry of a reentry vehicle, licensed under this chapter [51 USCS §§ 50901 et seq.] if the Secretary decides the launch or operation or reentry is detrimental to the public health and safety, the safety of property, or a national security or foreign policy interest of the United States.” 51 USCS § 50909.

It would be extremely difficult for Nick Fury to have had his space station launched in secret. Others would have to been involved with the project from construction to orbital deployment. Moreover, the United States government would have been involved in the launch of the space station, even if it was under the guise of a non-military program.

If Fury’s satellite was launched by the US government with knowledge of its mission, Fury’s black ops were likely approved by the United States. If that is the case, Fury’s mission was carried out under orders from at least one US President and followed by subsequent Presidents. This would mean Fury’s actions were conducted under the authority of the US government, thus not a crime as an extension of foreign policy or police power.

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Josh Gilliland

Josh Gilliland is a California attorney who focuses his practice on eDiscovery. Josh is the co-creator of The Legal Geeks, which has made the ABA Journal Top Blawg 100 Blawg for 2013 to 2016, the ABA Web 100 for Best Legal Blog and Podcast categories, and was nominated for Best Podcast for the 2015 Geekie Awards. Josh has presented at legal conferences and comic book conventions across the United States. He also ties a mean bow tie.