I had to cut it out of the last post (which is on the long side), but I was going to remind everyone or inform those who never knew that General George S. Patton was a vocal anti-Semite as well as a racist. He loved fighting anyone, but he made it clear in private conversations and letters that he thought we should have been fighting against the Russians with the Nazis. The Holocaust didn’t trouble him much. This charming feature was left out of the acclaimed movie starring George C. Scott as the batty–but effective!—World War II general.
My father, who fought under Patton at the Battle of the Bulge, detested the man primarily for his slapping of two (not just one, as portrayed in the movie) soldiers suffering from battle fatigue, or as we call it now, post-traumatic stress. Eisenhower didn’t like Patton either, and was very close to relieving him of command permanently , but ultimately decided that a lesser punishment was prudent because Patton was such a talented field general. (The Germans couldn’t understand why merely slapping a soldier would ever lead the Americans to sideline such a successful commander. Of course they couldn’t.) Thus the handling of Patton represents the Ethics Incompleteness Theorem regarding “The King’s Pass,” the exception that proves the rule (because all rules have exceptions).
Yet I wonder how much security Jewish people got from the knowledge that one of the key warriors who defeated the perpetrators of the Holocaust essentially agreed with Hitler regarding them.
Let’s see: what happened in the World of Jew Hate in the past 24 hours? Admittedly, this will only cover stories that leftist mainstream media hasn’t successfully embargoed: it is fine for the Democratic Party to be anti-Semitic, see, it’s just a bad look if the positions and conduct are expressly anti-Semitic right before an election, except to Muslim voters, of course.
Die Linke, Germany’s rising populist-left party, won 26% in elections to Berlin’s House of Representatives, its best performance ever. Meanwhile, a branch of Die Linke in Berlin recently welcomed Macklemore, the anti-Semitic rapper, and on election night a Die Linke MP was photographed with a representative of a pro-Palestinian group with terrorist connections.
Canada is experiencing a surge of Jew hate. The Jerusalem Post reports “a significant rise in antisemitism, threats, and violence against Jews and Jewish institutions…In 2025, 788 hate crimes targeting Jews were reported to police across Canada. Jews accounted for approximately 71 percent of all police reported hate crimes motivated by religion. .. During the most recent Rosh Hashanah, mezuzahs were torn from the doors of Jewish students’ rooms at Wilfrid Laurier University in Ontario. Days later, an armed man arrived at the Sons of Jacob Synagogue in Belleville while worshippers were inside on Yom Kippur. A police officer protecting the synagogue was seriously wounded.
In the U.S.—remember, we’re just talking about today’s news—
The University of Californiapetitioned a court to kick out the Justice Department’s lawsuit accusing UCLA of tolerating antisemitic harassment while seeking repayment of $2 billion in research grants. UC calls the case “political coercion” (how dare the government restrict a university’s right to allow the persecution of Jewish students on campus?) and argues that UCLA has made substantial changes since August of 2024, when a court ruled that “Jewish students were excluded from portions of the UCLA campus because they refused to denounce their faith” and ordered the university to guarantee equal access to campus. A battle between anti-Israel students and counter-protesters was allowed to proceed without significant action by campus police.
Close to me in Alexandria, a group of rabbis accused Montgomery County Public Schools in Maryland of normalizing anti-Semitism. In a letter this week to the district’s [completely Democrat] leadership, they wrote in part, “Over the last three years, we have been on the front lines of the current crisis of skyrocketing school-based antisemitism. We meet regularly with students who are hurt and confused and parents who are angry that their children are experiencing harassment, isolation, and threats to their fundamental physical and emotional safety. We are alarmed that the lack of a meaningful response by MCPS has led to an increase in the normalization of antisemitic attitudes, language and behaviors in our schools.” Montgomery County is the most progressive and Democrat-dominated district in one of the most Democrat-dominated states in the nation.
At Riverbend Maximum Security Institution in Nashville, 49-year-old condemned inmate Christa Pike got two full doses of pentobarbital when one was supposed be sufficient to kill her. The second was administered into her bloodstream after the first didn’t work, following state protocols. But she still maintained a distinct heartbeat, and began snoring.
There were no rules in Tennessee for what should happen when a prisoner survives both lethal injections, because it’s not supposed to happen and had never happened before.
The microphones were shut off and viewing curtains were drawn. Attending medical staff then entered the execution chamber to evaluate vital signals, confirm the presence of a heartbeat, and determine whether there as acute respiratory distress. Defense attorneys recorded the information to file an emergency motion with a federal court citing evidence that their client survived and suffered unconstitutional pain, citing the 8th Amendment against “cruel and unusual” punishment. Pike was disconnected from the IV lines, her condition stabilized, and she was transferred by secure transport to an off-site civilian medical facility.
I must confess, because I have watched way too much TV, a Western I must have seen when I was about 10 had me believing that when a condemned prisoner survives an execution, such as a hanging, the prisoner is deemed to have completed his sentence and goes free. My father had confirmed this, saying that the real punishment in capital cases was the waiting and anticipation. The dying part was a breeze, or was supposed to be. (Last words of British acting legend, 19th-century actor Edmund Kean: “Dying is easy; comedy is hard.”)
Well, that legend is not true; that has never been the case in the U.S., and it has rarely been the practice anywhere. Wikipedia has a just-updated list of botched executions going back to 1540. It’s a long (and probably incomplete) list, but there are only two examples where the condemned was set free, and only three where the death sentence was commuted to life imprisonment, none since 1885.
That last lucky guy was John Henry George “Babbacombe” Lee (1864 –1945), an Englishman famous for surviving three attempts to hang him in 1885. He had been convicted of murder. Lee was eventually released and supported himself by touring and speaking about his strange life. There have been several books about Lee including “The Man They Could Not Hang” (Holgate and Waugh, 2005) and a silent film. He’s buried at Forest Home Cemetery, Milwaukee.
So that’s what happens when you survive an execution. You end up in Milwaukee….
But I digress. The issue at hand is what is the ethical, fair and responsible way to handle such situations.
As I will argue here until the metaphorical cows come home, football is a cultural embarrassment and a societal pathogen. In addition to that “giving players brain damage” thingy, both colleges and the pros allow their players to be felons and thugs if they are good enough. The King’s Pass reigns. Colleges now pay their football players, so they are truly fake students. The game (aka. business) advances the corruption of higher education. We once were told that a benefit of sports was that it conveyed the value of sportsmanship ( as in “ethics”) to rising generations. Riiiight, about that:
Another player, Raleek Brown celebrated a touchdown by rubbing his genitals, sniffing his hand, and pretending to pass out. The Texas running back was not flagged for that disgusting celebration, after all, that was funny!
Steve Sarkisian, the Texas coach, said about the penalty,“We took [Simmons] out. We addressed it, and put him back in. I’m not gonna give the guy the death penalty over an unsportsmanlike conduct penalty. We’ve got to fix it, though. That can’t continue as we move forward.”
Why does “that” exist at all, Coach? It’s your job to manage the culture on the team. I guarantee that a Major League Baseball player who mimed urinating on the field would be suspended immediately, and for a very long time, if not released. Why did one of your players think such public vulgarity was appropriate? Yeah, yeah, upbringing, growing up with a bad crowd, Hip-Hop, yada yada. College once was where young idiots were supposed to learn how responsible adults get through life. Notice that the coach was concerned about the unsportsmanlike conduct penalty, not the unsportsmanlike conduct.
Funny, when Democrats ran in 2024 on the assertion that electing Donald Trump would turn the U.S. into Nazi Germany, I didn’t realize that the Left’s response to Trump’s election would be to embrace the most universally acknowledged evil of Hitler’s regime.
In case you haven’t noticed (and why haven’t you, if not?), the evidence of metastasizing anti-Semitism world-wide and in the U.S. as we approach the mid-terms it is alarming, or should be. Yesterday we learned that there was a nearly successful 9-11 style attack on Tel Aviv, foilded by the passengers. Anti-white racist director Spike Lee (everybody loves Spike Lee!) got in a confrontation at Yankee Stadium with a fan who told him “Fuck Palestine!” The acclaimed director of “Do the Right Thing” has revealed himself as a big booster of Hamas, along with a lot of prominent Hollywood progressives like Mark Ruffalo, Susan Saranden, Emma Stone and Tilda Swinton. In a sane America, such anti-Semites would fear that expressing vile views would kill their careers, but, NPR tells us, the nation is “divided.” You know: let Israel be wiped off the map vs. let Jews live.
Huh. Tough choice; let me think.
The international community is substantially anti-Semitic as the United Nations has been demonstrating for a long time, but that condition has worsened substantially since Europe allowed its nations to be overrun with Muslims. And, of course, progressives perpetually argue that the U.S. needs to be more like the rest of the world. The U.N. has consistently condemned Israel as it has fought for its existence in Gaza and Iran. Here is the list of nations whose delegates walked out on Netanyahu’s speech to the General Assembly
Egypt
Jordan
Lebanon
Syria
Iraq
Saudi Arabia
Palestine
Qatar
Kuwait
Oman
Yemen
Sudan
Tunisia
Algeria
Libya
Mauritania
Somalia
Comoros
Turkiye (Turkey)
Iran
Pakistan
Afghanistan
Bangladesh
Indonesia
Malaysia
Brunei Darussalam
Maldives
Myanmar
North Korea
Turkmenistan
Uzbekistan
South Africa
Senegal
Djibouti
Nigeria
Angola
Republic of the Congo and Democratic Republic of the Congo
1. To me. Yesterday I received a letter from a couple I hadn’t seen or spoken with in decades. It’s an important couple in my life: my first love from high school, and my best friend in high school who eventually married her. I was afraid to answer the letter, in fact; I was sure it would be about someone dying. And it was: my wife.
My two old friends had somehow just learned about Grace’s death in 2024, and wrote me a long, heartfelt letter expressing their sympathy and reminiscing about our shared past. They had met Grace on a couple of occasions. Now I have to write them a letter that will be five times as long, but it is the least I can do in gratitude. It’s lonely around here—thank God for Spuds. That letter was a ray of metaphorical sunshine is shaping up as a gray and drizzly week.
2. To my dog. Speaking of Spuds: we were at the dog park recently where, as usual, my exuberant pit bull mix ran joyfully amuck, greeting and charming all the dog owners and only then playing with their dogs. The Stick Game is one of Spuds’ favorites: he finds a stick, inducing other dogs to chase him and try to take it from him, he lets one get it, then he chases that dog and tries to get the stick back, usually after a spirited tug-o’-war. He was at the latter stage of the game when suddenly his opponent got frustrated and attacked him, biting him several times until his owner pulled him away.
Poor Spuds was clearly upset. Three of the owners that he had greeted earlier and who had witnessed the incident ran over to my dog before I reached him. All three kneeled down in front of him and started stoking and comforting him. I heard one, a young woman whose dog had been involved in Spuds’ stick routine, say, with her face inches from Spuds’ muzzle, “You did nothing wrong…that wasn’t your fault. That was a mean dog…are you okay?” Then they all checked my dogs’ wounds, which fortunately were superficial.
Spuds wagged his tail vigorously. gave each a kiss, and seemed to be back to his usual high spirits.
Westlaw describes judicial estoppel thusly (readers here at EA are familiar with the principle of ethics estoppel):
A common law doctrine that prevents a party from taking a position that is contrary to a position the party took in an earlier legal proceeding. The purpose of judicial estoppel is to protect the integrity of the judicial process by preventing a party from gaining an unfair advantage or imposing an unfair detriment on the opposing party in a later proceeding. A court will typically invoke judicial estoppel where the earlier position was accepted by the court and the later position is clearly contradictory.
After spending the entire six-week triple-murder trial of the Massachusetts mother accused of killing her three young children (above) arguing that Clancy was legally insane and not responsible for her actions, Kevin Reddington argued in a hearing yesterday,”What actions?”
“Where is the evidence that she did this?” Reddington asked the same judge who presided over the mistrial. The attorney claimed that the DNA and fingerprint evidence were “woefully deficient,” that the prosecution’s timeline was “ridiculous,” and the police investigation was inadequate.
Of course, his client did send her husband out on an errand from which he returned an hour later to find his children strangled. She did confess to the murders; she had been behaving erratically and was under treatment, and there is no plausible explanation for the kids death-by-exercise bands other than the fact that their mother did it. “In this case, there was no investigation. They just immediately assumed that this woman was guilty,” Reddington said.
Gee, I wonder why.
In the first trial, Reddington didn’t dispute the charges in any way, and conceded that his client was the killer. The attorney blames the judge, arguing that the fact that Judge Sullivan denied his request to bifurcate the trial, Part I to decide whether she was guilty of murder and Part II to determine if she was if she was not guilty by reason of insanity, put him in a “conundrum” of having to admit she carried out the crimes in order to put forth the insanity defense. That’s why he argued in the first trial that his client had been in the throes of severe postpartum psychosis when she snapped after she had imagined a voice commanding her to kill the children and herself.
Nice try, Counselor. The Hail Mary strategy isn’t unethical; it’s just zealous representation. No lawyers consulted about the hearing think Reddington’s gambit is going to work. The judge is not going to dismiss the case. If there is another trial, and there had better be, will he argue this time that she didn’t murder her children and then attempt suicide? What will be the theory, that a maniac somehow got into the house, killed the kids without leaving any sign he had been there, that Clancy tried to kill herself in her grief and trauma and now can’t remember the attack? Or will he try the insanity defense again?
I suspect that Reddington knows the next jury won’t be packed with women who see Clancy as a victim of a patriarchal society that forces women to bear children they don’t want, and that her prospects of being acquitted are dimming. Stay tuned.
Lately that most familiar of technological marvels, the telephone, has been making me crazy and my life miserable almost daily because of abuse, misuse, and overuse.
1. I just saw an allegedly hilarious TV add about “multi-processing” showing people walking into poles, tripping over obstacles and falling into trash cans while walking in public while either staring at a smart phone screen or chatting away using the speaker. I don’t even recall the product (Effective ad there, guys!), but it did tick me off. it’s not a funny phenomenon. Just yesterday, and asshole walking along staring at his phone nearly collided with me and Spuds, startling both of us, and I had to fling all of my weight against the leash from keeping my protective dog from biting the asshole’s face off—which he deserved, but my dog would be the one blamed. One woman nearly did the same thing a few weeks ago jogging while looking at her phone. People who do this are inconsiderate, reckless and self-absorbed fools, and dangerous as well. Yet such conduct is rapidly becoming a social norm. Last week, also while walking Spuds, I noted that eight straight pedestrians I encountered including three dog-walkers, one mother pushing a toddler in a stroller and three teens were all proceeding while staring at a phone screen or talking into a phone held in front of them. They are effectively cutting off the world while they are in the world, furthering the isolation of humanity, and increasing the alienation of American from each other. It is uncivil—rude—as well. When ethics fails law takes over (and usually makes a mess of things), so I am not advocating a law, but social disapproval, beginning with parents telling their kids not to do this would be a nice start.
2. I recently had to call the D.C. Office of Corporate Registration (or whatever it’s called) to eliminate my still-born law firm, BernsteinMarshall, PLLC. Screwed up beyond belief like everything else in the District, the “convenient website” had no link for ending a company, so I had to call the office. The pert, friendly, chatterbox of a recording went on for ten minutes telling me all the things the office could do for me, then spent another five telling me about all the options (“which may have changed”), then after I pushed one button, started down another list of topics while I screamed, “SHUT UP!!!!!” like Michael Palin in the Monty Python Torremolinos” travel agent skit.
I thought the clip from “Poltergeist” fit here: Welcome back, Dana!
The New Republic, biased and dishonest as usual, bleats, “Trump Moves to Cut Off Student Loans for Tons of Degrees: Under a new rule, if your degree doesn’t make enough money, you won’t be able to get a student loan.” It terms this as “President Trump is banning students majoring in degrees that don’t make enough money from taking out college loans.”
Oooh, banning students! Sounds like a mad dictator to me!
The President isn’t “banning students” or degrees. This is a financially and educationally responsible move that should have been done decades ago. If a student wants to waste a college education on majoring in “Queer History,” or “Slavik Literature” (Plymouth State University allows students to major in “Adventure Education” by taking “Rock Climbing Fundamentals,” “Canoe Paddling Fundamentals,” “Wilderness Expedition,” and “Whitewater Kayaking”) that’s swell: they just can’t use taxpayer funds they will never be able to pay back to do it.
The Department of Education, or what is left of it, tweeted in response to that unethical New Republic analysis,
“This is fake news at its finest. First off, we’re not ‘banning’ any program. The federal government doesn’t set curriculum or programs. Here’s the truth: we are holding colleges accountable for leaving students worse off than if they never enrolled. Too many graduates report delaying major life milestones like buying a home or starting a family. Why? Because low return-on-investment programs saddled them with unmanageable debt that was never going to translate into a real-world job. Federal student loans are not a welfare program for failing college programs. American students deserve education and training pathways that prepare them for the workforce – and transparency about programs that will never pay off.”
There is a strong case to be made that college itself is now a high-cost scam that doesn’t prepare students for the work force, just anti-Israel rallies and pro-illegal immigration riots, but okay, let’s go with the hoary myth that college is essential to life success. The student debt crisis in this country has reached levels that never should have been permitted, and higher education is as expensive as it is because the schools realized that could charge absurd tuitions and the US government would enable it by backing bigger and bigger loans. Taxpayers and the government subsidizing degrees only makes sense if it incentivizes the development of skills from which the the nation and society will derive tangible, quantifiable, practical benefits. Those are also skills that have a fighting chance of translating into jobs with sufficient compensation to allow reasonable loans to be paid back.
Declaring that the government will only back a student’s loan when 1) that loan is likely to be repaid and 2) when the loan is paying for a benefit to society rather than a self-indulgent frolic is responsible leadership. Unique among U.S. Presidents, Donald Trump sees his most responsible acts reflexively condemned through a combination of misrepresentation, bias and animus. I’m surprised there isn’t a college major in that.
Two thoughts on the first day of the MLB play-offs:
1. I am officially 12-years-old. (Most of my friends and associates know that, but it continues to amaze me.) Today I have critical client work to do involving huge amounts of money (for them, not me). I have several medical issues I need to attend to ASAP. I’m late getting my invoices out and I’m in cash-flow hell. But all I can think about is the Red Sox-Yankee game tonight. (8 PM, EST. on NBC)
This is the juvenile state of mind that led me to risk my job in 1978, when I walked out of a critical, high-level capital fundraising meeting at Georgetown, with all the brass present, saying, “I’m sorry, but the Red Sox and Yankees are playing a game in Fenway Park in an hour to decide the American League East, and I have to see it. Let me know what you all decide.” (That was the Bucky %$#@ Dent Game.) My wife-to-be Grace was at the meeting and was the only one smiling; everyone else looked like the audience in “The Producers” after “Springtime for Hitler.”
