Battlestar Galactica: Lawyers & Frakking Toasters

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November 20, 2012

Battlestar Galatica, both the first and second series, highlighted an usual theme in military discipline: NOT following orders.

Funny thing, it was great at saving the human race. And no one got a court-martial for saving humanity.

A constant in both series is reflecting values of the late 1970s and 2000s respectively, illuminating political and legal issues like the Eye of Jupiter.

Both also have Starbuck saying frak.

Let’s spin up the FTL and jump into the legal, political and historical issues of Battlestar Galactica.

Battlestar Galactica: 1978

The original Battlestar Galactica appeared on my birthday in 1978. The show had an Anti-Detente theme, evidenced in the Colonial Fleet on its way to a peace summit to end a war, instead resulting in the genocide of the human race. The Colonial President was both ignorant of warning signs and unable to respond when attacked. Humanity survived because of military officers recognizing warning signs and ignoring Presidential orders.

As further evidence of Cold War realities of the time, in the episode Experiment in Terra, Apollo states that there could only be “peace through strength” to a nation of humans in a Cold War about to go nuclear after their Neville Chamberlain-esq president signed a “peace for our time” treaty with the East.

Shortly after the dovish president gave his speech, nuclear missiles were launched by the opposing fascist country.

Full nuclear war follows through an automated response system (highlighting mutually assured destruction only works when both sides do not want war).

Luckily for the planet Terra, the Galactica was in orbit and shot down the ICBMs, perhaps showing a rejection of President Richard Nixon’s ABM Treaty with the Soviet Union.

Despite being written when Jimmy Carter was President of the United States, you cannot help but wonder if there were Ronald Reagan or Senator Henry “Scoop” Jackson supporters on the show.

Saga of a Star World

In the Saga of a Star World, civilian leaders had a plan for extreme appeasement, thinking that if they totally disarmed, they would show the Cylons that humanity was not a threat to the Cylon Empire, thus resulting in peace.

It was a bad plan.

The Fleet survived because the military leaders (Commander Adama and Colonel Tigh), secretly refused to follow orders and kept the pilots on the ready to counter an expected surprise attack. Commander Adama even went so far to comment on discussing “discipline in the ranks” while defending the Fleet that otherwise would have been destroyed if they had followed civilian orders.

Lost Planet of the Gods, Parts 1-3

As the series progressed, the stories addressed recruiting new Viper pilots. While the Galactica had female bridge officers (including Adama’s daughter, who did not exist in the second series), the fighter pilots were all male at the beginning, but quickly became co-ed. This parallels the US military, which did not have a female carrier-based fighter pilot until Kara Spears Hultgreen in 1993.

Apollo married a female pilot named Serina (played by Jane Seymour), who was also a single mother of a boy named Boxey. Pro forma, she is killed within one episode. Apollo adopted the son with no mention of any adoption proceedings, hinting that a second marriage included adoption rights (or Serina was very prompt at filing out a will).

There is also a noticeable legal issue of the Boxey being left in the company of the male fighter pilots while drinking and gambling way past bedtime, raising potential delinquency of a minor issues.

Murder on the Rising Star

The original Battlestar Galactica had one “courtroom” episode where Starbuck was on trial for murder of a rival Triad player. It was interesting to see in BSG that the “defense attorney” was called a “protector.” The story briefly touched on ethical issues of the DA commenting on a case to the press. There was also one tortured witness scene where Boomer made a poorly executed, but correct, “facts not in evidence” objection.

Skinjobs & Toasters: A Battlestar Galactica for the 21st Century

The 21st Century retelling of Battlestar Galactica provided leaders who attempted to see the world black and white as they would have in the Cold War.

However, post-War on Terror, the enemy could look like anyone (something that eventually happened in Battlestar Galactica 1980).

Moreover, think about what would happen in the United States if our population was reduced to enough people to fill a baseball stadium. Society’s values would be put through a meat grinder. People would focus more on loyalty to each other for survival and less on the rule of law. That is effectively what happened in Battlestar Galactica.

There are dozens of potential legal issues in BSG, Caprica, Razor and Blood & Chrome. Caprica went so far as having Adama’s father bribing judges, something never legal. The prequel even included group marriages, which legally would get complicated during a divorce in a community property state.

Focusing on Battlestar Galactica, several issues immediately jump out:

Presidential Succession: Roslin was sworn in by Priest, showing no separation between church and state;

Commander Adama attempted a coup d’état against President Roslin;

Admiral Cain on the Pegasus had her men torture & rape the Cylon Number 6 “Gina Inviere”;

Commander Adama planned to have Starbuck kill Admiral Cain; Admiral Cain had planned for her Executive Officer Jack Fisk to kill Adama;

President Roslin attempted to steal a Presidential Election;

Colonel Tigh used suicide bombers on New Caprica;

Commander Lee Adama violated Admiral Adama’s orders during the rescue of New Caprica (which saved the day);

Coup d’état by the Vice President Tom Zarek, complete with assassinating political leaders and attempted forced confession of Admiral Adama;

Execution of Vice President Tom Zarek and mutineers (most likely without a trial);

Admiral Adama drinking and taking pills while giving orders.

There are many, many, more legal issues in the series. For example, the co-ed bathrooms showed the employment lawyers had probably all been killed early in the war. Alternatively, the ship was built quickly for the Cylon War for an all male crew and later integrated.

Crossroads Parts 1 & 2

The trial of former President Baltar addressed many trial advocacy issues. The charges against Baltar focused on his surrender on New Caprica to the Cylons and the following collaboration with the enemy, including death orders signed under duress.

The defense strategy focused heavily on witness impeachment, which included Colonel Tigh being drunk on the stand, admitting to the use of suicide bombers and murder of his wife for collaboration.

Further witness impeachment included President Roselyn admitting her cancer returned and admitting she was being treated with drugs that caused an altered mental state.

There are also perjury issues with Lt. Felix Gaeta’s testimony, omitting that Baltar had a gun to his head when he signed a death order.

Lee Adama was called as a witness for Baltar to impeach Admiral Adama sitting as a who judge had already determined Baltar was guilty. This legal strategy was problematic, due to Lee Adama also being one of two defense attorneys and the Admiral also being Lee’s father. The ABA Rules of Professional Conduct Rule 3.7, say the following on attorneys serving as witnesses:

(a) A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness unless:

(1) the testimony relates to an uncontested issue;

(2) the testimony relates to the nature and value of legal services rendered in the case; or

(3) disqualification of the lawyer would work substantial hardship on the client.

(b) A lawyer may act as advocate in a trial in which another lawyer in the lawyer’s firm is likely to be called as a witness unless precluded from doing so by Rule 1.7 or Rule 1.9 [both address conflicts of interest].

There is a good argument that disqualifying Lee Adama from testifying about a biased judge would cause “substantial hardship” on Baltar, because it went to the heart of whether the accused could have a fair trial.

Lee Adama’s testimony focused on his opinion that the Fleet was a gang on the run, no longer a society, that had forgiven everyone else of all crimes that had been committed, such as his father’s military coup d’état and numerous other examples.

However, with Baltar, the Fleet wanted blood for his Cylon collaboration when the other option was extermination.

Baltar was correctly acquitted on the collaboration after surrender chargers, but he could have been convicted of treason for giving a nuclear weapon to the Cylon Number 6 Gina Inviere, which she used to blow up the vessel Cloud Nine and several other ships.

Giving Inviere a nuclear weapon that resulted in the loss of hundreds, if not thousands, would have been an impeachable act of treason. Additionally, the radiation allowed the Cylons to find New Caprica, which could have been added to the treason charges.

So Say We All

Science Fiction always reflects the times in which it is written.

Battlestar Galactica is no exception, whether it was made during the Cold War or War on Terror.

Both series demonstrate a frequent lack of following usually civilian orders, which were necessary to save humanity from extinction.

However, the lawsuit that Battlestar Galactica infringed on Star Wars will be discussed another time…

There Will Always Be Heroes: Thoughts on Veterans Day

By

Josh Gilliland

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November 11, 2012

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We have no shortage of heroes to honor on Veterans Day. So on this eleventh day of the eleventh month, I always think of the two greatest men I have known who served our country: My grandfathers.

Grandfathers-ParentsWedding — My grandfathers at my parents wedding.

Both of my grandfathers served their country in very different ways during World War II: My maternal grandfather in the Navy; my paternal grandfather at Lockheed.

Gramps

My material grandfather was a dentist, who married a beauty queen and adopted two daughters. He worked his way through dental school at a candy shop.

The son of an Iowa farmer, he served as a corpsman on the USS Boxer during World War II. She was a brand new aircraft carrier built for the invasion of Japan.

Shortly before my grandfather’s 90th Birthday, he shared with us his life story. Below he discussed his service during World War II.

One day on duty in the sick bay, my grandfather treated the CAG. In their discussion, my grandfather expressed his desire to go for a flight off the USS Boxer. The CAG offered a flight to pick-up mail the next morning and for my grandfather to meet him on the flight deck at 0800.

My grandfather found himself helping in a late night surgery to save a sailor’s life. Since the surgery went past 0200, the medical team was allowed to sleep in. My grandfather missed his flight.

The CAG had a power failure on take off. He crashed in the ocean, body never recovered.

Papa

My paternal grandfather was Harold William Lowe Gilliland. People called him Gill. I called him Papa.

Papa was born in 1912, the son of the Sheriff in Ventura, California.

Papa-FlightSuit-A — My grandfather at Cal Poly in 1932.

When my grandfather was 20 years old at Cal Poly, he served in what was an early version of the California Air National Guard. While working the flight line, he went to set the propeller on the training plane. The last pilot left the ignition engaged. As Papa set the propeller into position, the engine started and struck him.

Papa was cut into two uneven pieces. He described the experience to me when I was a boy: Knocked to the ground in a blur, seeing his left arm flaying around wildly.

The doctors did not expect him to live.

Harold William Lowe Gilliland recovered fully from what should have been a fatal injury. However, his dreams of being a pilot ended in the blur of a propeller blade.

Papa went on to become an aeronautical engineer. He was Amelia Earhart’s mechanic who specialized on the fuel system for her around the world flight. “Gill” was also given the honor of pushing the gangway to the side of the Lockheed Electra for Earhart.

Howard Hughes had a direct line to my grandfather’s house. Hughes’ phone calls in the middle of the night drove my grandmother crazy.

Papa met Orville Wright on Wright’s last flight. The pilots on the flight were Hughes and the president of TWA.

My grandfather was in charge of nighttime B-17 production at Burbank during World War II. Papa befriended the janitor at the Burbank B-17 factory.

I always found it impressive that the man who was on a first name basis with the president of Lockheed was a buddy with the young man who swept the floors.

The young janitor turned 18 and enlisted in the Army. He came back to the Burbank plant to show his pride in wearing his country’s uniform. He wanted to say good-bye to his friend before shipping out.

The guard at the front gate did not let the young soldier in the plant, because of the color of his skin.

The young soldier died liberating Europe.

My grandfather regretted not saying good-bye until the end of his life.

Papa&B17 — My grandfather looking at a B17 he most likely built.

In 1985, Papa and I toured an old B-17 at the Oshkosh Airshow. There was an old pilot in the cockpit that engaged my grandfather in deep conversation about the Flying Fortress. The pilot asked my grandfather how he knew so much about the plane. My grandfather’s answer was very short: “I built them.”

I will never forget the pilot’s response: “Then thank you for getting me home.”

It is for us the living, rather, to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced.

President Abraham Lincoln, Gettysburg Address

The United States is a great country because of the Americans who have made it great. My grandfathers were just two men in the long line of people who served their country to help make our nation great.

Many who did the fighting and dying never had the opportunity to go home; they never had a chance to enjoy a long life. We cannot forget those who never got to go home, whether they crashed in the sea or died liberating another country.

The United States will always have those who threaten our freedom and way of life. And we will always have those who take an oath to uphold and defend the Constitution. When you see one has served, or is serving, thank them.

Being a Super Hero Only Looks Good in Comic Books

By

Josh Gilliland

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November 5, 2012

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Many people hear the call of service and want to wear body armor and a cape. However, this is a profoundly bad idea. The law strongly disfavors ordinary citizens becoming vigilantes. Moreover, we have no known aliens with amazing powers, individuals enhanced by government experimentation or human hybrids with other humanoid species flying around major US cities.

With that said, who doesn’t like comic book super heroes? And for all the super lawyers out there, what legal issues are there in fighting crime after being given a magical amulet?

Vigilantism is defined in Black’s Law Dictionary as, “The act of a citizen who takes the law into his or her own hands by apprehending and punishing suspected criminals.”

“Vigilantism” is also defined under case law as “unreasonable self-help action by citizens that tends to disrupt the administration of the criminal justice system.” State v. Johnson, 1998 NMCA 19, P 15, 124 N.M. 647, 954 P.2d 79.

So, what does this mean for all of our comic book super heroes? Let’s review the different types of heroes to see who is a vigilante vs those engaging in law enforcement.

Criminals Are a Cowardly Lot…

Comic characters who take up arms and hunt criminals are with little question vigilantes. Examples on one extreme would be the Punisher and the other Batman. Both lost family members and took up arms to stop criminals.

There are obvious differences between the two, besides Marvel and DC. Punisher kills, where Batman has rules against killing (unless you are Darkside in Final Crisis). However, while the Punisher is not operating under any color of law besides avenging “justice” by killing criminals, Batman at least has tacit consent by Gotham City’s use of the Bat Signal to call for Batman’s help (perhaps showing Batman is deputized by local law enforcement).

Brilliant, Well-Funded & Armed

Tony Stark and Hank Pym are prime examples of the brilliant scientists who engineer super-human powers for themselves.

Some of these characters are defined in role playing games are “high tech wonders” and others “altered humans.” The key is whether they are using technology or has science changed their bodies.

For Stark his power is an advanced body armor that serves as a weapons platform; Pym his “Pym Particles” who he used to shirk or grew, depending on the decade and which identity Pym was using to fight crime (Ant Man, Giant-Man, Goliath, Yellow Jacket, or Wasp).

Granted, Batman could also fall in this category given his utility belt and advanced weapons. However, Batman uses more of his body through training as a weapon, where heroes such as Iron Man have built full blown body armor.

Iron Man falls in an interesting category, because the character was originally his alter ego’s body guard. Additionally, with Tony Stark being a Cold War weapons manufacturer, Marvel had a character arguably who was different than a vigilante. The issue would turn on whether Iron Man was operating as Stark’s body guard or going beyond such services (or a private citizen developing his own foreign policy arguably during the Armor Wars, something else frowned upon under the 1799 Logan Act).

Granted, Tony Stark eventually went public with his secret identity and held such positions as Secretary of Defense and Director of SHIELD. Under these positions, Stark was acting within the “police powers” of the Government.

Government Sponsored Heroes

The [fictional] United States Government has created and sponsored various super heroes. The most notable of course being Captain America.

Pursuant to Article I, Section 8 of the United States Constitution, Congress can “raise and support armies…” In a world where villains (especially if sponsored by a foreign power) can blow up buildings, Congress raising an army of super humans would not be out of the realm of possibility.

These heroes might have Posse Comitatus Act issues without specific legislation, but if authorized by Congress, would be the most “legal” form for a super hero to be operating within the law.

State-sponsored heroes would also need to follow the US Constitution and our laws on search, seizure and arrest. With that said, how many times in the comics has a super hero read a villain their Miranda rights?

A spin on this would be Green Lantern. While not authorized by Congress, Hal Jordan was selected by a Green Power Ring created by the Guardians of the Universe to protect Sector 2814. In essence, Green Lantern is a cosmic police officer. While the Guardians are free to create whatever selection criteria for the Green Lantern Corps, there would still be jurisdictional issues of a “alien” government setting law enforcement terms within the United States (or any country on Earth).

However, if a giant red alien shows up and starts eating buses with school children, elected officials probably will let that detail slide.

You’re Not Just Anyone

Superman is perhaps the most classic super hero of all time.

Superman arguably started out as a vigilante for a brief period of time, but since he at first represented “truth, justice and the American Way,” he was a symbol of working within the system.

This was also evidenced in such classics as Frank Miller’s The Dark Knight Returns (where Superman worked for the American government, which had banned heroes) and New Frontiers (which also banned heroes).

On the flip side, if a “person” can jump tall buildings in a single bound and is faster than a speeding bullet, society would accept his help. I mean, who would stop him?

If There Were Heroes…

If there were super heroes, the world of Powers probably would be the most on point on what that society would look like, complete with fans treating the “powers” like sports figures or movie stars. There would be regulation if not an outright ban on being a hero, because society would not tolerate mega-humans blowing up schools or throwing cars at people.

However, we will discuss Who Killed Retro-Girl another time.

What’s This? What’s This? Jack Skellington and False Impersonation

By

Josh Gilliland

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October 31, 2012

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When it is Halloween and Christmas decorations already up in stores, I cannot help but think of A Nightmare Before Christmas. And when I think of Jack Skellington, I think of false impersonation. And of course this song:

Have I Positively Gone Daffy?

A Nightmare Before Christmas is the classic story of Jack Skellington and other characters from Halloween Town kidnapping Santa Claus, so Jack could assume Santa’s identity for Christmas. There are several huge legal problems that are tough to ignore: 1) Conspiracy. 2) Kidnapping. 3) False Impersonation. 4) Torture at the “hands” of Mr. Oogie Boogie. 5) Breaking and Entering. 6) Assault and battery on an unknown number of families.

Let’s examine false impersonation. California Penal Code section 528.5 states:

528.5. (a) Notwithstanding any other provision of law, any person who knowingly and without consent credibly impersonates another actual person through or on an Internet Web site or by other electronic means for purposes of harming, intimidating, threatening, or defrauding another person is guilty of a public offense punishable
pursuant to subdivision (d).

(b) For purposes of this section, an impersonation is credible if another person would reasonably believe, or did reasonably believe, that the defendant was or is the person who was impersonated.

(c) For purposes of this section, “electronic means” shall include opening an e-mail account or an account or profile on a social networking Internet Web site in another person’s name.

(d) A violation of subdivision (a) is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.

(e) In addition to any other civil remedy available, a person who suffers damage or loss by reason of a violation of subdivision (a) may bring a civil action against the violator for compensatory damages and injunctive relief or other equitable relief pursuant to paragraphs (1), (2), (4), and (5) of subdivision (e) and subdivision
(g) of Section 502.

(f) This section shall not preclude prosecution under any other law.

What’s This? There’s Lawyers Everywhere?!

It would be extremely difficult to not convict Jack of false impersonation, meaning a fine of $1,000, possible jail time for one year, plus civil liability for the different physical assaults on Santa committed in the furtherance of the conspiracy for Jack to become Santa.

Given the conspiracy and other crimes, Jack would be looking at significant prison time.

Unless there is a Christmas Miracle, the only possible statutory defense for Jack is that his impersonation was not creditable under subsection (b), because the world quickly figured out from the ghoulish toys that Jack was not the true Santa Claus.

With that said, there would still be multiple counts of breaking and entering to leave the inherently dangerous toys that harmed families. Not to mention violating US airspace with said “toys,” arguably an act of war or terrorism by Halloween Town, dependent on whether Halloween-town is a nation-state or not. Regardless, there would be a drone strike on Oogie Boogie and SEALs sent in for Jack.

It is unknown whether there could be any civil or criminal liability for making people break into song throughout the day.

Ghostbusters & False Imprisonment

By

Josh Gilliland

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October 29, 2012

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I ain’t afraid of no ghost, but how about false imprisonment?

The 1984 film Ghostbusters tells the story of private individuals who hunt, trap and “contain” ghosts haunting people.

However, could the Ghostbusters actually be falsely imprisoning formerly living people without any due process in violation of their “civil rights”?

Would there be any liability or the ability for surviving family members to recover on behalf of their deceased and imprisoned family members?

Under New York law, a “person is guilty of unlawful imprisonment in the first degree when he restrains another person under circumstances which expose the latter to a risk of serious physical injury.” NY CLS Penal § 135.10.

Additionally, a “person is guilty of unlawful imprisonment in the second degree when he restrains another person.” NY CLS Penal § 135.05.

By way of comparison, California requires the following to be proven for false imprisonment:

1. A person intentionally [and unlawfully] restrained, confined, or detained another person, compelling [him] [her] to stay or go somewhere;

2. The other person did not consent to the restraint, confinement, or detention; and

3. The restraint, confinement or detention was accomplished by violence or menace.

CALJIC 9.60.

What does this mean for the Ghostbusters?

Both states require a person be restrained in someway without that person’s consent.

The issue is simple:

Is a ghost a person subject to the protections of state and Federal law or a “former person” and thus not subject to being protected from false imprisonment?

Let’s review possible sources of what might give ghosts “personhood”:

The 14th Amendment, Section 1, to the United States Constitution, states:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

NY CLS Const Art I, § 11.

No person shall be denied the equal protection of the laws of this state or any subdivision thereof. No person shall, because of race, color, creed or religion, be subjected to any discrimination in his or her civil rights by any other person or by any firm, corporation, or institution, or by the state or any agency or subdivision of the state.

Does death end citizenship under the 14th Amendment, thus equal protection under the law, in our case specifically the prohibition of false imprisonment of living persons? Or does citizenship and the right to equal protection under the law begin at birth and continue for all eternity? Does the same apply to being a “person” under Article § 11 of the New York State Constitution?

There is no question the framers of the US Constitution, the 14th Amendment or the New York Constitution contemplated the law applying to undead individuals with rights similar to living persons. To be blunt, the dead do not come back to vote, buy property or renew their driver’s license.

With that said, our society does not embrace the idea of deceased citizens no longer being citizens. We have monuments for national heroes, honor those who have passed with folded flags and conduct burial ceremonies for those who have passed.

Death arguably does not end citizenship, however there is an interesting issue with the application of the 14th Amendment because of the text stating “…State wherein they reside.” The word “reside” is defined “to live in a place.” Additionally, Black’s Law Dictionary defines “resident” as “a person who lives in a particular place.” Ghosts, by the very fact they are deceased, do not “live” anywhere, unless one counts where their bodies are buried as residences. That might work for voting in Chicago, but ask yourself, how much mail is delivered to tombstones? Moreover, haunting is fundamentally different than living, because 1) ghosts do not have any basic bodily functions showing life, such as requiring food or oxygen and 2) haunting involves tormenting the living.

This is not to say the dead are without any legal protections, as seen in wrongful death cases brought by a victim’s survivors. However, the spirit of the deceased victim did not retain counsel or file a lawsuit; the living family member brought the lawsuit. Moreover, the dead do not give testimony at a trial, unless it was recorded before death.

Nevertheless, there are laws that apply directly to the dead.

An entire body of law is dedicated to wills and trusts, which focus on the intent of the living for the distribution of their property and assets after their death.

Additionally, there are cases prohibiting the desecration of a corpse. Early New York cases have held living family members have the right to have the corpse of a family buried unmutilated from unauthorized autopsies. Foley v Phelps 1 App Div 551 [1896] and Darcy v Presbyterian Hosp. in City of N.Y., 202 NY 259 [1911].

What do the cases of wills and corpse desecration show us? That there are strong arguments that the Ghostbusters are not violating the civil rights of the dead by imprisoning them.

The law is designed to protect the interests of the living. At best, laws prohibiting the desecration of a corpse are designed to bury the dead intact.

Given the above, it is unlikely there is any argument that trapping and containing ghosts could result in a case of false imprisonment. Moreover, Black’s Law Dictionary defines a “person” as a “human being”; ghosts are no longer human beings. As such, it is a legal impossibility for the Ghostbusters to be falsely imprisoning a ghost (a former human being) under the law. Additionally, there is a strong argument that the Ghostbusters are acting in the defense of others from malcontent spirits and effectively acting as exterminators of life-threatening entities.

Property damage from crossing the streams on the other hand….

Presidential Succession Jack Bauer Style

By

Josh Gilliland

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October 25, 2012

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Presidential Elections make me think of one thing:

The number of fictional US Presidents in 24.

The fictional series 24 covered 8 days over slightly over 14 years. In that time there were 9 Presidents.

Two of them served full terms.

That is like having Presidents Lyndon Johnson, Richard Nixon, Gerald Ford, Jimmy Carter, Ronald Reagan, George H.W. Bush, William Clinton, George W Bush and Barack Obama in 14 years.

Imagine that many Presidents since Clinton’s last two years in office until present day.

The White House having such a fluid number of Presidents would probably put the country on the verge of a nervous breakdown. The United States has never had that level of instability in leadership (And probably a lot of FBI, CIA & Secret Service Directors fired for “losing another one”).

Moreover, seeking the Presidency looks like a bad life choice, given that John Keeler and Wayne Palmer had both assassination attempts and could not complete their term of office (not clear if they actually died).

Or fictional former President David Palmer catching a bullet for preparing to expose the treasonous actions of President Charles Logan (Never mind the legal issues of Jack just executing Palmer’s killer).

Here is the breakdown of the 24 Presidents:

One 4 Year Term: Harry Barnes (Never seen and President on Day 1, so he was at the end of his term)

One 4 Year Term: David Palmer (Acting President James Prescott for a few hours)

One 4 Year Term: John Keeler, Charles Logan (Vice President who becomes President), Hal Gardner (Confirmed as Vice President and becomes President after Logan had David Palmer Assassinated)

One 4 Year Term: Wayne Palmer (for a few months) and Noah Daniels

Partial Term: Allison Taylor (Resigned, who would be followed by her VP)

How could this happen under the US Constitution? Under Section 1, Article II of the Constitution, a US President’s term of office is four years. Pursuant to the 22 Amendment to the US Constitution, a President may only serve two terms. Additionally, no person (the Vice President or if things were really bad, former Speaker of the House), who had acted as President for more than two years of a term, may only be elected to one term themselves. However, the 25th Amendment, followed by the Presidential Succession Act of 1947, are our keys to understanding these hyper-accelerated Presidencies.

The 25th Amendment to the United States Constitution:

1: In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

2: Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

3: Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

4: Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

The line of Presidential succession is defined under the Presidential Succession Act of 1947, which states, in relevant part:

(1) If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is neither a President nor Vice President to discharge the powers and duties of the office of President, then the Speaker of the House of Representatives shall, upon his resignation as Speaker and as Representative in Congress, act as President.

(2) The same rule shall apply in the case of the death, resignation, removal from office, or inability of an individual acting as President under this subsection.

(b) If, at the time when under subsection (a) of this section a Speaker is to begin the discharge of the powers and duties of the office of President, there is no Speaker, or the Speaker fails to qualify as Acting President, then the President pro tempore of the Senate shall, upon his resignation as President pro tempore and as Senator, act as President.

c) An individual acting as President under subsection (a) or subsection (b) of this section shall continue to act until the expiration of the then current Presidential term, except that—

(1) if his discharge of the powers and duties of the office is founded in whole or in part on the failure of both the President-elect and the Vice-President-elect to qualify, then he shall act only until a President or Vice President qualifies; and

(2) if his discharge of the powers and duties of the office is founded in whole or in part on the inability of the President or Vice President, then he shall act only until the removal of the disability of one of such individuals.

d)

(1) If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is no President pro tempore to act as President under subsection (b) of this section, then the officer of the United States who is highest on the following list, and who is not under disability to discharge the powers and duties of the office of President shall act as President: Secretary of State, Secretary of the Treasury, Secretary of Defense, Attorney General, Secretary of the Interior, Secretary of Agriculture, Secretary of Commerce, Secretary of Labor, Secretary of Health and Human Services, Secretary of Housing and Urban Development, Secretary of Transportation, Secretary of Energy, Secretary of Education, Secretary of Veterans Affairs, Secretary of Homeland Security.

(2) An individual acting as President under this subsection shall continue so to do until the expiration of the then current Presidential term, but not after a qualified and prior-entitled individual is able to act, except that the removal of the disability of an individual higher on the list contained in paragraph (1) of this subsection or the ability to qualify on the part of an individual higher on such list shall not terminate his service.

3) The taking of the oath of office by an individual specified in the list in paragraph (1) of this subsection shall be held to constitute his resignation from the office by virtue of the holding of which he qualifies to act as President.

Luckily, US History is rather dull compared to 24. The 25th Amendment has only been applied a handful of times, such as in President George W Bush’s first and second terms when he had two different medical procedures, making Vice President Cheney the Acting President for a few hours each time.

The big example of the Constitution getting a workout was after Richard Nixon resigned, making Vice President Ford the new President. Ford has the distinction of being the only person who was not elected President or Vice President who ultimately became Commander-in-Chief. Throw in Nelson Rockefeller as Vice President, and from August 1974 to January 1977, neither the President or Vice President had been popularly elected.

There is one odd footnote on Presidential Succession from the 19th Century: On March 4, 1849, President-Elect Zachary Taylor did not get sworn in, because it was a Sunday, thus took the oath of office on March 5 (Until Truman, Presidential terms ended on March 4).

Technically, President James K. Polk’s term ended at noon on March 4. Small problem: Taylor had not yet taken the oath.

The United States Senate website has the odd story that the then Senate president pro tempore, David Atchison, claimed he technically was President for 24 hours (arguably Polk’s term was extended one day). There are problems with “President Atchison’s” claim, because technically Atchison’s term as president pro tempore also should have ended on March 4 (Let alone Atchison taking the oath of office). However, he claimed that not only was he President of the United States for 24 hours, he had “the honestest administration this country ever had.”

In the final analysis, what can we learn from 24? First, while the United States does not go through Presidents like they are wearing Red Shirts, the Constitution does provide for many contingencies if a nightmare situation happens. Or a President needs a root canal.

Second, while the fictional Jack Bauer was great at fighting terrorists, he was no Clint Eastwood when it came to being In the Line of Fire.

Not sure how Bauer is with talking to chairs.