My WGAN Interview Re Jonathan Gruber

wgan_podcast

Thanks to the efforts of Arthur King, I was tapped this morning for an interview on WGAN’s morning news show, hosted by Mike Violette and Dennis Bailey, standing in for Ken Altshuler. The topic was the Jonathan Gruber matter, and they were taking the cue from my most recent post on it.

You can listen to the podcast for the segment, which was about 15 minutes, here.

Now THIS Is An Incompetent Lawyer

Now that's who you want defending you in your capital murder trial..Thomas Jeffer..wait, WHAT???

Now that’s who you want defending you in your capital murder trial..Thomas Jeffer..wait, WHAT???

Dennis Hawver, an Ozawkie, Kansas attorney, was disbarred last week by the Kansas Supreme Court. The court ruled that Hawver showed “inexplicable incompetence” as a defense attorney for Phillip Cheatham, charged with first degree murder and tried in a 2005.  Cheatham’s conviction was overturned and  a new trial was ordered  in 2013, on the grounds that Hawver did not provide an adequate defense and thus Cheatham did not receive a fair trial. Yes, I think that was a fair assessment, given that..

  • In voir dire, Hawver told prospective jurors that his client was “a cocaine dealer” who had “killed another cocaine dealer with a gun.”
  • During the trial, he informed the jury that his client had previously been convicted of voluntary manslaughter, even though prosecutors had agreed to less prejudicial  stipulation that the Cheatham had a “prior felony conviction” without further details.
  • Hawlor failed to present evidence that might have shown that his client that was not in the city where the murder occurred at the time it occurred. He failed to investigate alibi witnesses.
  • He didn’t track his client’s cellphone to find his location at the time of the murders.
  • During the sentencing phase of the trial, after his client had been found guilty, Hawlor said “the killer” should be executed.

 

  • Hawver  made the creative argument at trial that his client would never have left a witness alive if he had been the one who shot the two female victims.

Continue reading

Terry Turnage, Serial Father and Utter Fick

"So? Not my problem."

“So? Not my problem.”

Terry Turnage  has fathered 26 children by 15-20 different women, the precise number being difficult to establish. And that’s not all:  he apparently has failed to pay child support to any of the women who bore his offspring, all while driving expensive cars,  throwing elaborate parties, and spending money on everything but his bastard progeny.

He is a co-owner, with one of his many sons, Terry Jr. (and maybe one of many Terry, Jr’s), of Club Envy, an Arkansas nightclub. Recently Terry Sr. threw a two-day party for his birthday. He threw another party for 700 guests.

Of course, that could just be his relatives.

What does society do with someone like this, so irresponsible and shameless? It you lock them up, they can’t support any of the kids. We can’t castrate him (cruel and unusual, that) and courts can’t order citizens not to procreate, or ensure that they they don’t. That’s Nazi stuff, though the U.S. did a bit of it until relatively recently. Continue reading

Why Hasn’t President Obama Made A Formal Appeal To Avoid Violence In Ferguson?

riots

He has an obligation to do so. He is the leader of the nation; he is the most admired figure among African-Americans; he is sworn to uphold the Constitution, which the Ferguson protestors either want to ignore (by rejecting due process of law) or believe is being ignored and abused. He has the bully pulpit; he is a persuasive and eloquent orator when he cares about what he is saying. Most of all, he has an obligation because the rhetoric of his appointees, party leaders, surrogates and the President himself have exploited race as a wedge issue and lowered racial comity in the nation to its most dismal state in decades.

Now the stage is set for blood, with Rodney King-style riots in Missouri and perhaps elsewhere, should the grand jury refuse to indict Officer Darren Wilson. Already the process has been thoroughly corrupted by premature conclusions about what happened the day Michael Brown died, and the civil rights establishment, goaded by Brown’s parents, their opportunistic lawyer, and permanent agitators like Al Sharpton, have made it clear that nothing less than a murder indictment will constitute “justice.” Professional protesters have been recruited; looters and rioters are gleefully anticipating a rumble; local businesses are tripling security; and the National Guard is on alert. The fuse is lit, and the impending explosion will be devastating in monetary, human, spiritual and historical terms. President Obama is the one individual who might be able to put it out.

If he does not, if he does not even try, it will be the greatest failure of a sadly failed Presidency, and nothing will  surpass it no matter what horrors lay ahead.

I do not know why the President has not spoken out already. My best theories:

1. He never acts in a timely fashion, almost literally never. He “leads from behind,” which means that he avoids leading until it is unavoidable, despite the needless harm that results from each delay.

2. He does not want to make the effort and fail, so he would prefer to react to a riot and condemn it, rather than take responsible actions to prevent it.

3. He is so focused on the looming fight of his own making regarding illegal immigrants that he isn’t paying attention.

4. His advisors have told him that there is no political advantage to be gained in making such a speech, and that taking the side of the justice system will be seen as support for a white police officer over “an unarmed teen.”

5. He wants racial unrest because it will dominate the news and take attention from all the other issues—Gruber, the imperiled ACA, Ukraine, Isis, pointless expenditures to stave off climate change, and more—that reflect poorly on him and his administration.

I cannot, however, think of a theory that reflects positively on him as a President, a leader, an American or a human being.

Let me know if you can come up with one, would you? It would sure make me feel better.

Ethics Quote Of The Day: Joan Tarshis, Alleged Bill Cosby Victim

Joan_Tarshis_on_Bill_Cosb

“I know he’s an icon. So is Bill Clinton.”

-Latest Cosby accuser Joan Tarshis, now a publicist and journalist, who wrote a detailed account of  being sexual assaulted  by Bill Cosby, when she was a teen, for the Web site Hollywood Elsewhere, replying to a question on CNN this morning about why anyone should believe her when she impugns the character of “an icon.”

BAZINGA!

Now THIS Is Abuse Of Police Power

Andy and Opie

No riots are anticipated, fortunately.

Police Lt. Brian Keller, an assistant sheriff,  used his unmarked black Dodge Charger, with emergency lights flashing, to stop a school bus so he could hand his son his lunch, which the boy left home without. The bus was not within Keller’s jurisdiction….not that his actions would be much better it it has been.

There was a complaint,  which Lake County (Illinois) officials are investigating.

This is the kind of thing Sheriff Andy Taylor might have done for Opie in little Mayberry, but such abuse of power is neither cute nor funny outside of TV Land. I don’t care if he’s a single dad (like Andy); it doesn’t even matter if the kid had crucial, life saving prescription drugs in the lunch bag—insulin, maybe. Using official authority for a personal matter like this is the sign of an untrustworthy cop who doesn’t comprehend his job. It is small wonder that police labor under the public presumption that they don’t respect the law or the limitations of their authority.

___________________

Pointer: Mediaite

Two Deceitful Non-Denial Denials And An Unethically Tardy Whistleblower

Francis

TV shows like “Lie to Me” and “The Mentalist” as well as all the profiling shows like “Criminal Minds” have done a public service by schooling viewers in the tell-tale signs of non-denial denials. Nonetheless, people continue to use them, apparently because they work. Bill Cosby’s lawyers just launched a lulu, responding to the inexplicably re-booted accusations that Cosby was a serial sexual predator in the 70’s. You can’t get more non-denial than this, from lawyer John P. Schmitt on Cosby’s website:

“Over the last several weeks, decade-old, discredited allegations against Mr. Cosby have resurfaced. The fact that they are being repeated does not make them true..Mr. Cosby does not intend to dignify these allegations with any comment.”

There is no denial of the alleged rapes to be found here. Yes, the accusations are “decades old”: So what?  So are questions about whether Lizzie Borden was guilty.  The fact that the allegation are decades old means Cosby can’t be prosecuted because of the statute of limitations, but they don’t change anything about the seriousness of the accusations against the erstwhile “America’s Dad.”

Discredited? How have they been discredited? Cosby paid a settlement in one of the cases: that generally makes the allegations look credible (See: Paula Jones/Bill Clinton; Michael Jackson). Sure: “The fact that they are being repeated does not make them true,” and it also doesn’t make them false. That Cosby doesn’t intend to “dignify” the matter with further comment is strategy and posturing. It is significant that the lawyer did not say “He didn’t do it.”

——————-

[UPDATE: Ah HA! Today that statement was taken down, with this taking its place, a joint statement from Dolores Troiani, counsel to Andrea Constand, and Schmitt:

‘The statement released by Mr. Cosby’s attorney over the weekend was not intended to refer in any way to Andrea Constand. As previously reported, differences between Mr. Cosby and Ms. Constand were resolved to the mutual satisfaction of Mr. Cosby and Ms. Constand years ago. Neither Mr. Cosby nor Ms. Constand intends to comment further on the matter.”

Translation: “Oops. That settlement with the first of Cosby’s accusers was predicated on neither party impugning or accusing the other once the money was paid, and that “discredited” comment risked getting Bill in even more hot water. Never mind!”]

                                                                                                                                  ——————-

Lawyers aren’t permitted to lie, though. Then again, they aren’t supposed to mislead the public with deceitful non-denials, either.

Then we have CNBC’s response to ex-CNBC reporter Melissa Francis, who followed Jonathan Gruber’s admissions of rigged math to get the Affordable Care Act past “stupid voters” with a relevant anecdote of her own. Francis, now a Fox Business anchor,  claims that the network “silenced” her when she questioned the merits and specifically the misleading numbers for the Affordable Care Act when it was being rammed through the legislative process. She told Fox News that she was called on the carpet by CNBC brass and told to stop, on the grounds that such criticism was “disrespectful to the President.”

A CNBC representative responded: Continue reading

Comment of the Day: “Rationalization List Update: 29 (a). The Gruber Variation and 47. Contrived Consent, or ‘The Rapist’s Defense'”

Magician, hoax-exposer, historian, truth-seeker James Randi

Magician, hoax-exposer, historian, truth-seeker James Randi

Alexander Cheezem weighed in with a wonderful expansion on The Gruber Variation (and its parent, Rationalization #29,  The Altruistic Switcheroo). It speaks for itself: the gist involves the situations when deception really does have  beneficial results for the deceived,  intended by the deceiver—in which case, the claim that an otherwise unethical act was “for his own good” mean that the act not have been unethical, and thus the claim is not rationalization, but truth.

One immediate result of Alexander’s comment is that I’m editing the text in #29. I wrote:

It is true that misfortune carries many life lessons, that what doesn’t kill us often makes us stronger, and that what hurts today may be the source of valuable wisdom and perspective later, but it really takes a lot of gall to cheat, lie to, steal from or otherwise harm someone and claim it will be a good thing in the long term. Yet an amazingly large number of people possess this much gall, because the Altruistic Switcheroo is very common, especially among parents who want to convince themselves that bad parenting is really the opposite. A marker for this rationalization is the statement, “You’ll thank me some day”—the specious theory of the sadistic parent who named his son “Sue” in the famous Shel Silverstein song made famous by Johnny Cash. No, he won’t.

“A Boy Named Sue” is a lousy example. It is true that the singer ends the song by saying he isn’t thankful, and I don’t blame him, but the father’s theory was borne out: the name did make his son tougher. There’s nothing in the lyrics to suggest that he name choice was sadistic, and if the only rationale for the song was what the father claimed it was, it’s no rationalization. Oh, it was cruel, irresponsible and unfair—and stupid— but the father did name the boy “Sue” for his own good. (The fact that his cruel tactic worked still doesn’t make it right: that would be 3. Consequentialism, or  “It Worked Out for the Best.”

I’ll end the passage before the dash.

Here is Alexander’s Comment of the Day on the post, “Rationalization List Update: 29 (a). The Gruber Variation and 47. Contrived Consent, or ‘The Rapist’s Defense'”:

Interesting additions, but I think that the Gruber Variation needs a bit of a caveat in nuance regarding its description: it needs to be distinguished from both legitimate teaching techniques which involve parallels and certain grey areas.

To handle the last first, I’ll just give a few examples, starting with Project Alpha ( http://en.wikipedia.org/wiki/Project_Alpha ) and the Sokal Hoax (http://en.wikipedia.org/wiki/Sokal_affair ). Both involved presenting people who were supposed to safeguard against deception with a hoax in order to expose the holes in said safeguards. Both involved rationales which closely paralleled the Gruber Variation in several respects, and were criticized for actually following that sort of logic (I disagree, although I do think that both were ethically “grey”). Continue reading

“Drunk Girl In Public”: This Trend Will Ruin Trust, Spontenaity, Kindness and Fun, and There Is Absolutely Nothing We Can About It Except Complain

I guess it all began with Allen Funt.

If Allen knew what he would be starting, he would have opened a deli.

If Allen knew what he would be starting, he would have opened a deli.

Back in the Fifties, he came up with the idea of using a hidden camera to record the reactions of innocent bystanders “in the act of being themselves.” He staged situations, sometimes Twilight Zones set-ups like a door that opened for everyone but the target, and filmed the results, first for a guest segment on TV talk shows and finally on his own, long running hit, “Candid Camera.” Funt would never have dreamed of using actors and faking the reactions, because first, he didn’t need to; second, if he was caught, it would ruin him; and third, he was an honest professional. The idea, however, has thoroughly metastasized in all directions, to “practical joke shows,” reality shows, and such monstrosities as ABC’s “What Would You Do?” and James O’Keefe. Perversions were limited as long as the shows were restricted to television, but now YouTube makes everyone a potential producer, and among the thousands trying to create a viral video, there are many, perhaps most,  who are not decent, ethical professionals like Allen Funt, but just greedy jerks who will gladly cheat, lie to and humiliate others to gain fame and fortune. Continue reading

About Bill Cosby

Cosby meme

Fair enough. Wait…what????

Why is Bill Cosby’s past avocation as a Hollywood power-abuser and serial sexual predator suddenly so upsetting to Hollywood that they are recoiling from him now?

I refuse to believe that everyone in the news media, the entertainment industry and the black community didn’t know all about it, and for many years. I wrote about it in 2007, and I am not an investigative reporter.

I have to conclude that this is all because of younger people learning about this for the first time and the effect of social media. When whoever runs Cosby’s Twitter account cluelessly challenged followers to “meme me!”, what resulted was a flood of derisive–but funny!—memes referencing the rape allegations (he reportedly used hypnotic drugs), like the one above, or this one:

Cosby meme1

 

I also have to conclude that… Continue reading