Comment of the Day: “KABOOM! Head Exploded, Can’t Write, Don’t Need To: The FBI Forensic Scandal”

FBI 1

Long-time Ethics Alarms commenter Michael R. delivers another of his provocative and informative Comments of the Day, this time on the festering scandal that is prosecutor misconduct and abuses of due process in our criminal justice system. This kind of commentary justifies the existence of Ethics Alarms, in my view, regardless of what I may write here. It is a virtual template for what makes a Comment of the Day.

Here is Michael R’s COTD on the post, “KABOOM! Head Exploded, Can’t Write, Don’t Need To: The FBI Forensic Scandal”… Continue reading

Unethical Quote Of The Week: Ohio Governor John Kasich

“[T]he most important thing is, what does the Lord want me to do with my life?”

Potential GOP Presidential candidate John Kasich, Governor of Ohio, explaining what considerations will determine whether or not he enters the race.

"Governor? It's for you."

“Governor? It’s for you.”

There is so much wrong with Kasich saying this that the only question now is whether it disqualifies him for elected office.

I guess that’s excessive, though. In a political culture in which Hillary Clinton is considered qualified to be President, almost no one can be truly disqualified. Anything goes, as long as you are wearing the right team colors.

If the Founders knew their democracy would come to this, I think they would have decided to just submit to King George’s tyranny.

Kasich is a skilled governor, just as he was an outstanding House member in a crowd of Republican embarrassments during the Bush years. Then he tried being a talking head for Fox, and had the integrity to quit in disgust. He seemed to have the qualities necessary to elevate the Republican presidential field.

Guess not:

1. He is pandering. The GOP evangelicals and religious right have a lot of power and influence, and they are the only ones who could possibly take Kasich’s statement seriously. “Ah!” they will say, or so Kasich’s shameless advisors have convinced him, “He’s one of us! He believes that weather disasters are visted upon us because of America’s sins! He believes that women belong barefoot and pregnant, that Adam was ducking dinosaurs, that school prayer will cure our ills…that good people ought to be able to shun and exclude the sinful by refusing to sell them services that they provide to everyone else, and that homos are the spawn of Satan.” The statement that Kasich is dictated to by God hints that he thinks a theocracy is hunky-dory. Hey, look at Iran!

2. He is lying. Or he is deranged.

3. The belief that God is likely to choose you as a leader of the most powerful nation on earth is so devoid of humility and so unfair to and disrespectful of the democratic process that it boggles the mind.

4. It avoids personal accountability.

5. The statement is a declaration of incompetence and fecklessness. What other decisions will President Kasich place in God’s hands, or blame on Him when they turn out to be duds?

6. Waiting for God to declare the right course is an intentional abdication of ethics for the moral direction on others, or, if you prefer, Others.

 God made you say that, John, so you would not be President. You have your answer.

Dummy.

 

Read more:

Ethics Dunces: Ten Prominent Doctors, Surgeons and Med School Professors Who Want Columbia To Kick “Dr. Oz” Off Its Faculty

Dr Oz

Perhaps they tried this because Columbia has been having a bad ethics year so far… that could be it, I guess.

For the record, here are are the ten prominent individuals in the field of medicine who called on Columbia University to kick Dr. Mehmet Oz, better known to Oprah fans and junk TV addicts as “Dr.Oz,” off its medical school’s faculty:

Henry I. Miller, M.D.
Robert Wesson Fellow in Scientific Philosophy
& Public Policy
Hoover Institution
Stanford University
Stanford, CA

Scott W. Atlas, M.D.
David and Joan Traitel Senior Fellow
Hoover Institution
Stanford University
Stanford, CA

Jack Fisher, M.D.
Professor of Surgery (emeritus)
University of California, San Diego
La Jolla, CA

Shelley Fleet, M.D.
Anesthesiologist
Longwood, FL

Gordon N. Gill, M.D.
Dean (emeritus) of Translational Medicine
University of California, San Diego
La Jolla, CA

Michael H. Mellon, M.D.
Pediatric Allergist
San Diego, CA

Gilbert Ross, M.D.
President (Acting) and Executive Director
American Council on Science and Health
New York, NY

Samuel Schneider, M.D.
Psychiatrist
Princeton, NJ

Glenn Swogger Jr. M.D.
Director of the Will Menninger Center for Applied Behavioral Sciences (retired)The Menninger Foundation
Topeka, KS

Joel E. Tepper, M.D.
Hector MacLean Distinguished Professor of Cancer Research
Dept of Radiation Oncology
University of North Carolina School of Medicine
Chapel Hill, NC

And here is their letter. They are troubled because “Dr. Oz” has embraced dubious products and health promotion techniques on his TV show. Indeed he has. On TV, Dr. Oz is a quack. He uses his medical credentials to, as the letter says, show “disdain for science and for evidence-based medicine” and to display  “baseless and relentless opposition to the genetic engineering of food crops.”  And no one can deny that  “he has manifested an egregious lack of integrity by promoting quack treatments and cures in the interest of personal financial gain.”

None of which is justification for taking him off the faculty, where his teaching duties are unrelated to his lucrative TV persona, and are the direct result of his recognized expertise in cardiothoracic surgery.

Could it be that all of these doctors—including Professors Tepper and Fisher, and Dean Gill— have never encountered the sacred educational principle of  academic freedom? Continue reading

KABOOM! Head Exploded, Can’t Write, Don’t Need To: The FBI Forensic Scandal

Happy New Year!

This is res ipsa loquitur: “the thing speaks for itself.” If I have to explain what’s unethical about this and why, you are beyond my help.

From the Washington Post:

The Justice Department and FBI have formally acknowledged that nearly every examiner in an elite FBI forensic unit gave flawed testimony in almost all trials in which they offered evidence against criminal defendants over more than a two-decade period before 2000.

Of 28 examiners with the FBI Laboratory’s microscopic hair comparison unit, 26 overstated forensic matches in ways that favored prosecutors in more than 95 percent of the 268 trials reviewed so far, according to the National Association of Criminal Defense Lawyers (NACDL) and the Innocence Project, which are assisting the government with the country’s largest post-conviction review of questioned forensic evidence.

The cases include those of 32 defendants sentenced to death. Of those, 14 have been executed or died in prison, the groups said under an agreement with the government to release results after the review of the first 200 convictions…

Read the rest here.

The Irony Of Wikileaks: Yes, It Is Despicable…But It’s Still Useful To Know That PBS, Ben Affleck And Prof. Henry Lewis Gates Are Despicable Too.

Batman is ashamed of you, Ben...

Batman is ashamed of you, Ben…

Once a secret is out, it isn’t a secret any more. Once privacy is shattered, it’s gone: that egg can’t be put back together again. I wish Sony’s e-mails hadn’t been hacked: everyone who isn’t operating under a policy that mandates that their communications must be archived and available for media and public examination, like, oh, say, Hillary Clinton, has a right to have private business and personal communication.

Julian Assange is a fick, and an uncommonly arrogant one. He encourages, aids and abets the theft of proprietary information in the interests of world anarchy, which is in the interests of nobody. So let’s see now…North Korea hacks Sony to chill our First Amendment rights, and Wikileaks helps magnify the damage by spreading private e-mails and documents far and wide.

Yechhh.

But it’s all out there now, and there is no virtue in averting our eyes and plugging our ears. There is a lot of unethical conduct exposed in those 30,000 documents and 170,000 emails hacked from Sony, and while the means by which it was exposed was illegal and wrong, we should still learn from what is now public information.

The fact that PBS and Harvard prof Henry Louis Gates Jr. can’t be trusted, for example, is good to know. Continue reading

Ethics Quiz: Once Again, Bystander Ethics, The Duty To Rescue, And The Imperiled Child

clarkkentThe free-range kids debate already raised this issue, and now my colleague and friend Michael Messer, the talented and versatile musician/singer/ actor who teams with me in the ProEthics musical legal ethics programs Ethics Rock, Ethics Rock Extreme, and Ethics Jamboree, just posted about his traumatic experience on Facebook, writing,

“I’m standing in Central Park and witnessed a tourist father grab his (approx 5 year old) child by the arm and shake him… The. open palm smack his child in the head. Hard. Twice. I screamed to him, from about 50 feet, where I witnessed it: “HEY!!! YOU DON’T HIT HIM” he looked up, startled to be called out, and waved me off to mind my business. “YOU DO NOT HIT A CHILD IN THE HEAD”, I repeated, at the top of my lungs, hoping to attract attention. The kid cried and then got himself together and went off to play. No one else in Sheeps Meadow saw or took notice. For about 5 minutes after I kept my eyes on him so he knew he was now being watched. What is the role of a bystander in this situation?”

Your Ethics Alarms Ethics Quiz for the day is…

What is the role of a bystander in this situation?

The answer is simple, really—its that oft-repeated Ethics Alarms mantra, “FIX THE PROBLEM,” at least as much as you can. Do something. Mike did the right thing, from a distance: show the abuser he’s being observed, protest, shame him. If one can, if one has the ability, the skill and the timely reaction and the child looks to be in genuine danger, intervene physically.

The latter course, however, carries risks, and also may be precluded by the natural reflex most humans have when they observe something unexpected and shocking. I discussed this issue when Penn State assistant coach Mike McQueary was being pilloried in some publications for not immediately charging into the Penn State showers and stopping sexual predator Jerry Sandusky from sexually abusing a boy: Continue reading

“Ick Factor” At Its Worst: No, The Bystander Who Took The Video Of Walter Scott’s Shooting Isn’t “Cashing In”

Q. "Oh, ICK! Why would you take money for THAT?" A. Because it's valuable, they want it, and I own it, you idiot.

Q. “Oh, ICK! Why would you take money for THAT?”
A. Because it’s valuable, they want it, and I own it, you idiot.

Slate Magazine’s Josh Voorhees seems to think there is something unseemly about Feidin Santana, the bystander who recorded the film on his smartphone showing North Charleston police officer Michael T. Slager shooting and killing Walter Scott on April 4, seeking payment from news outlets who use his video.

In an article revealing that Santana’s lawyers are making the case that he is entitled to compensation, Voorhees writes, “While it may seem opportunistic to try to make money off a video of someone’s death…” and later,

“Regardless of how you feel about Santana trying to cash in, if nothing else it provides another incentive—albeit a less noble one—for bystanders to whip out their phones and start filming when they see a police confrontation.”

Let me be uncharacteristically blunt: anyone who sees anything unethical, unseemly, ignoble or opportunistic about Santana seeking fair payment for his property when it is being used by news outlets all over the country as if the video was shot by their own employees is either… Continue reading

Comment of the Day: “Ethics Whistle On The Post’s Dana Milbank…So Blood Won’t Shoot Out My Nose”

neurons

On a Saturday morning when my mind is foggy and my reflexes are slow after a harrowing  ordeal of prepping for and MC-ing a legal ethics game show for the D.C. bar the day before, the sighting on a worthy Comment of the Day is a cause for relief and joy. Rich (in CT) offers yet another superb post, illuminating the complex issues behind a statement in my essay about the estate tax. Rich has an impressive record for COTDs in his relatively short time commenting on Ethics Alarms, but none of his masterpieces were more welcome than this, which allows me to go back to bed. You would not believe how long it took me to type this brief paragraph. (Thanks, Rich!)

Here is his Comment of the Day on the post, Ethics Whistle On The Post’s Dana Milbank…So Blood Won’t Shoot Out My Nose.

Continue reading

Wait…WHAT? Where Does A Law School Get Off Ordering Students Not To Talk About George Clooney’s Wife?

Of course, Columbia could order Amal from not dressing like this, but that would be outrageous.

Of course, Columbia could order Amal from not dressing like this, but that would be outrageous.

Every day, I am more amazed that I got through my formal education without being suspended, expelled or arrested.

From the New York Times:

At 10:30 a.m. on Monday, Amal Clooney walked into Classroom 103 in William and June Warren Hall at Columbia Law School. The human rights lawyer and wife of the actor George Clooney …was by herself, far from the tangle of paparazzi who gather outside the Carlyle hotel, where the couple are staying while Mr. Clooney is in town making “Money Monster,” a film directed by Jodie Foster and co-starring Julia Roberts. Ms. Clooney, 37, greeted a man preparing slides for the class in human rights for which she is a guest lecturer this spring. As she spoke, passers-by peeked at her through the sliver of glass in the door. If anyone had thoughts to share about Ms. Clooney, they weren’t talking.

“We are under strict orders not to discuss her or anything about her class,” said a student who declined to give her name. A representative from the law school politely asked a reporter to leave.

What? WHAT? Columbia University can’t “order” students not to talk about a professor! How did they get the idea that they could, or that it was appropriate to try? Of course, Columbia of late has shown less than a sterling respect for the values of academic freedom and the Bill of Rights. Still, this is pure abuse of power.

WHAT? What kind of jello-spined, ignorant, submissive worm are they admitting to Columbia who would accept such outrageous “strict orders”? [ Well, we do have some strong indications…] I couldn’t care less about Ms. Clooney, but if my law school said that to me, I’d hold a press conference.

WHAT? Why  does this woman, who voluntarily thrust herself into the limelight, warrant special privileges that justify restricting a law school’s students right to talk about anything they want to?

University classes have been taught for more than a century by men and women with far more impressive accomplishments and greater fame than Amal Clooney. Shouldn’t Columbia be combating celebrity culture rather than catering to it?

Any students who meekly accept such restrictions on their speech and autonomy are too craven to be trusted to practice law, and no institution that would demand such restrictions should be trusted to teach them.

________________________

Pointer: Above the Law

Facts: New York Times

Ethics Whistle On The Post’s Dana Milbank…So Blood Won’t Shoot Out My Nose

I know just how you feel, Lewis...

I know just how you feel, Lewis…

I was going to ignore this, I really was. Most Washington Post readers know Dana Milbank is a hard left, often unstable partisan reporter pretending to be an objective analyst. Most also know that he is prone to jump the rails of logic, fairness and reality from time to time, like here, when he blamed a “scandal of the week” mentality on the press and Republicans, and not the fact that the incompetent Obama Administration averages a scandal a week…or here, when he called millennials selfish for not supporting their President’s misbegotten health insurance scheme and acting in their own interests rather than their President’s political interests.

But his most recent column was churning around in my brain like Lewis Black’s routine about overhearing a young woman say, at a table next to him in a restaurant, “If it weren’t for my horse, I wouldn’t have spent that year in college.” ( Black: “Now, I’m gonna repeat that, because it bears repeating. “If it weren’t for my horse…” as in, giddyup, giddyup, let’s go — ‘I wouldn’t have spent that year in college,’ which is a degree-granting institution. Don’t think about that too long, or BLOOD will shoot out your NOSE!”) Milbank’s columns are often like that for me, and this one, expressing his outrage that the Republicans are trying to repeal what’s left of the estate, or “death tax,” was one of the worst. So you can regard this post as saving my life, if you wish.

I have no philosophical objection to taxing rich people, none at all. However, I have a very great ethical disagreement with those, like Milbank, who seem to think that there is something so sinister about parents trying to amass wealth for their kids that it justifies the government laying claim to what they have achieved, grown and saved through their own had work and responsible decisions. This was the ethic that drove our grandparents, great grandparents and great grandparents to build values, families, businesses, communities and a nation.  Making life better and easier for their children than it was for them was a virtue, and properly recognized as such.

Many studies, out of fashion now and suppressed in academia because they are politically incorrect, have suggested that poverty persists through generations  in part because of the acculturated lack of a future time perspective among some groups, which is a nice way of saying that when people seek instant gratification and don’t save and invest their assets, they become poor and stay poor. It is essential to progressive cant that there are no differences between successful people and unsuccessful people…not intelligence, talent, diligence, industry or ambition…just opportunity and privilege, or the lack of them.* People really believe this, especially the people I see in worn-out clothes buying 30 bucks worth of lottery tickets at a pop in the 7-11 rather than saving the cash to get some job training, or start a college fund for their children, who, this being the D.C. area, probably don’t live with him anyway. No, there’s nothing these unfortunates can do to better their lot, you see. Meanwhile, the government preys on their present-time proclivities by creating rigged lotteries to take their money from them.

Of course, someone born into a wealthy, two-parent, stable and supportive family is equally deluded to think, as the late Texas governor Ann Richards once said derisively of George H.W. Bush, that he hit a triple when in fact he was born on third base. That still does not mean, as Milbank seems to think, that there is something wrong and undesirable about  American’s parents working and sacrificing to make sure their children aren’t left sitting on the bench, or can’t even get in the park to see the game. Milbank, like the lock-step progressive he is, believes that every individual in every generation should have to start life without any competitive advantages over anyone else, and if that means giving his competitors a head start, or making him run with weights on his feet, or tripping him at the start of the race, well, too bad, and too bad for his parents.

That’s fairness to our many Milbanks. To me, fair is for each individual to be able to make the most of what life and luck  provides, through their own abilities and efforts, with the help and assistance of parents and family being a a vital and respected inheritance that reinforces a duty and obligation to do the same for the next generation.

Anyone is free to see it differently. What should not be tolerated are statements like this, by Milbank: Continue reading