The Flat Learning Curve Again: Obama Signals His Desires In A Law Enforcement Matter Of Some Considerable Consequence

curve-flat…and not just any law enforcement matter, but an investigation of a former Secretary of State and presumptive Presidential nominee.

Nice. You see, Barack Obama just doesn’t care. That’s the only possible explanation for this pattern which goes way back to 2009, when he opined on whether his old friend from Harvard, Henry Louis Gates, was the party at fault in an altercation with a Cambridge, Mass, police officer. That was his first year as President, so maybe it’s plausible that this “Constitutional scholar” and allegedly brilliant man didn’t know that the President of the United States warps the justice system and law enforcement when he declares how he thinks they should handle a particular matter, since he is at the tippity top of our rule of law. Obama has done this again and again, however—with Trayvon Martin… in the Big Branch Mine disaster…as Obamacare approached a key challenge in the Supreme Court…in the military sex abuse scandal…regarding Arizona’s illegal immigration laws, and regarding other matters. He has to know by now that it biases the process, but his supporters cheer, the news media makes excuses, only Republicans, the “conservative media”  and Ethics Alarms complain, so he keeps doing it anyway. He can get away with it, so he just doesn’t care.

Nice.

This, however, was special. The same day that the White House admitted that the FBI’s investigation into Hillary Clinton’s intentional mishandling of official e-mails for her own personal needs–she didn’t want citizens to be able to see her business and political machinations using the Freedom of Information Act—was a criminal investigation, he endorsed Clinton for President in glowing terms.

Fox News’ Chief Washington Correspondent James Rosen asked White House Paid Liar Josh Earnest about the appropriateness of this—heaven forfend that any non-conservative-biased news outlet would ask such an obvious and necessary  question, queried “You have other employees of the executive branch, career prosecutors, FBI agents, working this case who have now just heard how the president wants to see this case resolved, in essence. Isn’t there some conflict there?”
Continue reading

When You Consider The Wisdom Of Obama’s Campaign To Destigmatize Felons, Please Also Consider Felicia Menge Kelley

Portrait of a justice-involved individual...

Portrait of a justice-involved individual…

As it attempts to bolster its political support by sucking up to convicted criminals and their families, the Obama administration has been incrementally making it more difficult to distinguish felons from law-abiding citizens, arguing that once they have paid their debt to society, maybe they are no different. HUD, carrying out the Obama administration’s new theory that felons are just plain folks,  has decreed that landlords risk federal investigations if they reject rental applicants based on the applicant’s undisputed criminal record in newly-released guidelines. 

The Justice Department and the Department of Education are now using a euphemism to make convicts and those with rap sheets sound like they have a hobby: the new cover-phrase is “justice-involved individuals.” (Hillary Clinton is apparently a justice-involved individual.)

The problem with all of this is that being convicted of a felony is not like catching a cold, and often provides a strong clue that the individual involved is not quite as trustworthy as the boy scout or girl scout next door. Take, for example, this story:

From the ABA Journal:

A woman with a history of financial crimes in multiple states got a job as an office manager and bookkeeper for a North Carolina law firm, after a background check failed to pick up her earlier convictions under a different name.

That resulted in a loss of more than $150,000 to the firm, Yow, Fox & Mannen, District Attorney Ben David of New Hanover County told the Port City Daily. The firm’s now-former employee, Felicia Menge Kelley, 44, pleaded guilty on Tuesday to one count of embezzlement and was sentenced to a prison term of between 82 and 111 months, the newspaper reports. She will also be required to pay over $145,000 in restitution.

Kelley, who has previously worked for other law firms in the Jacksonville area, was convicted earlier under the name of Felicia Dawn Menge…

But I’m sure she’s just an exception to the rule…and gives a bad name to decent, hard-working, justice-involved individuals. It’s not like they are criminals or something.

 

 

Calling Balls And Strikes

Robot Umpire

Calling balls and strikes in major league baseball has to be mechanized. This is obvious and beyond argument, and the only question is what will finally make the bitter-enders abandon their rationalizations and capitulate to reality.

I last wrote about this in 2012 in a post titled “Umpire Accountability, As the Day Of The Robot Approaches,” following a 1-0 game in which a batter in a position to tie the game was called out on strikes by an umpire named Larry Vanover, who rang him up with three balls out of the strike zone for the final 9th inning out. This particular contest was between two teams that had finished the previous season with one of them edging out the other for the play-offs by a single game, on the last day of the schedule. The pitches called strikes in this particular at bat weren’t even close to being over the plate. You could see that all three were wide with the naked eye as they arrived in the catcher’s mitt; you could see it in the computer graphic on the screen, and after the game, the pitches’ locations were charted to show that they were, in fact, balls. I wrote…

Baseball fans invest too much time and emotion into following the games and their teams to just shrug off results warped by obvious incompetence. The kind of atrocious umpiring demonstrated by Vanover…poses a direct challenge to baseball’s integrity. What will baseball’s leaders do about it?

They have only three choices:

1.They can, for the first time, take public and punitive action against umpires whose poor performance exceeds a missed call or a human mistake, and demonstrates inexcusable incompetence or a lack of professionalism. First time: a stiff fine. Second time: a suspension without pay. Third time: dismissal.I know that the umpires union in Major League Baseball protects its incompetents as zealously as the teachers unions, but baseball has its product to protect.

2. Baseball’s leaders can make a commitment to automated strike and out calling, and cut back on crews to one field umpire to keep order and one booth umpire to read the printouts, watch the TV screen, and study the replays.

3. Baseball can reject integrity and credibility, and continue to let the Vanovers on the field wreck the games and alienate fans.

So far, disgracefully, the sport has chosen #3, but the clock is ticking. Continue reading

Signature Significance: Katie Couric “Regrets” The Deceptive Editing Of Her Anti-Gun Documentary, But Isn’t Going To Fix It.

I'd think she'd want to have that fixed...

I’d think she’d want to have that fixed…

Today Katie Couric made all of her defenders look just as bad as I said they were.

“I can understand the objection of people who did have an issue about it,” Couric said at TheWrap’s Power Women Breakfast in New York this morning, when asked to address the intentionally deceptive editing in “Under the Gun,‘ the anti-gun documentary she produced. “Having said that, I think we have to focus on the big issue of gun violence. It was my hope that, when I approached this topic, that this would be a conversation starter.”

She then said that the documentary will not be re-edited to fix the lie it contains.

This is signature significance: all by itself, it proves beyond a shadow if a doubt that Katie Couric is a dishonest journalist. No more evidence is needed, for an honest journalist would never make this choice. Not once, not ever.

“The objection of people who did have an issue about it” clearly states that Couric herself had no “issue with it,” meaning that, as I wrote, she only regrets the controversy, not the lie. Continue reading

A Slap On The Wrist For The Lawyer Who Demanded 65 Million Dollars For A Lost Pair Of Pants

And they weren't even Elvis' pants...

And they weren’t even Elvis’ pants…

There has been a lot of beating up on judges and lawyers lately, on this blog and elsewhere, so what better time to revisit the weird case of foormer administrative law judge and current attorney Roy Pearson, Jr? He was the D.C.  judge who carried on such a vendetta against a dry cleaner because they lost a pair of his pants that it became national news…which is to say, it was discussed on The View and the women made fools of themselves. Not as big fools as the judge made of himself, though.

Pearson claimed that in 2005, the dry cleaners gave him the wrong pair of pants and refused to pay him the $1,150 he demanded as compensation. His suit—his $67 million suit!— against the dry cleaners alleged that the business violated Washington, D.C.’s consumer protection law by failing to comply with its sign promising “satisfaction guaranteed,” which Pearson claimed was unconditional. You know, even if a customer was deranged.

In his testimony in this wacko lawsuit, Pearson argued that “satisfaction guaranteed” meant the dry cleaner was legally obligated to pay a customer who demanded $1,000 for a supposedly lost sweater even if the owners knew they had delivered the correct sweater to the customer.

By that logic, the owner would also have to let the customer have sex with his teenage daughter, if that’s what it took to “satisfy” him. Continue reading

UPDATE: Even More Reasons To Distrust Katie Couric, Which Means More Reasons To Distrust The Journalists Who Want To Excuse Her

film editing

The Washington Post criticized Katie Couric’s role in approving the deceptive “Under the Gun” documentary edit but also noted that it is “one instance of bad judgment in a long career.” This was an instance of the “Just One Mistake” rationalization…

20. The “Just one mistake!” Fantasy

Related to #16 but still distinct is the excuse that a particular unethical act should be ignored, forgiven or excused as an aberration because “it was just one mistake.” This argument intentionally glosses over the fact that one mistake can be so blatantly unethical and harmful that an ethical person literally never does such a thing, and thus the “one mistake” is a reliable indicator that the actor does not deserve to be trusted. Abuse of power is in this category. Defenders of the unethical also often use this excuse dishonestly and deceptively to designate as one mistake an ongoing episode of continuous unethical conduct. For example, Bill Clinton didn’t make “one mistake” regarding Monica Lewinsky, but hundreds of them, involving lies, deceits, cover-ups and betrayals.

The versatile excuse was applied by one member of the liberal-biased school of journalism to another, and says more about the Post writer ( Callum Borchers) than it does about Couric. He was actually right on the money when he wrote, only to say later it was “unfair,” this:

Couric thinks the media needs to be tougher on Trump. The reality is the current level of toughness hasn’t dented his campaign. What’s the next level of toughness? One could conclude, based on the misleading edit in Couric’s gun documentary, that it involves distorting interviews to produce manufactured flubs, in hopes that one of them will accomplish what no organic mistake has done so far.

Why yes, one could not only conclude that, but witness it in the media’s successful efforts to turn a dumb Trump quote about a judge’s reasons to be biased against him in a law suit into an imaginary smoking gun that proves he’s a racist. Journalists have been eager to allow the public to forget about Couric’s endorsement of misleading and dishonest editing techniques in the service of the anti-gun rights agenda, because her methods are their methods. The woman should be fired. Journalists must be regarded like accountants and auditors: one they have shown that they will lie, even once, they are worthless. Is that a fair standard? I believe it is. Why then are journalists eager to have Couric held to a lower standard? Easy: they don’t want to be held to the appropriate ethics standard either.

The apologists for Couric have been especially revealing; once again, any journalist who defends Couric can be safely placed along with her in the UNTRUSTWORTHY File. Here’s Mediaite’s Rachel Stockman embarrassing and indicting herself, for example, saying that people are being mean to Katie for impugning her integrity… Continue reading

The Stupidest Lies Of All

Evil Dead hoax

What are the stupidest lies of all? Gilding the lily lies. Lies that accomplish nothing that the truth wouldn’t accomplish just as well. Gratuitous, lazy, pointless lies, that only serve to make the world more incredulous, cynical and distrusting.

Here is a  wonderful example, and the liars are the folks in Conservative Nation. After that San Jose, California, Trump rally where protesters attacked the Trumpites, the pro-Trump Conservative Nation tweeted out the fake picture above of an alleged Trump-supporting woman after her beating  by demonstrators. “Here’s what happened to female Trump supporter when she met ‘peaceful’ and ‘tolerant’ liberals” the tweet said, as if the genuine footage of the violence wasn’t enough.

But actor Bruce Campbell (a guilty pleasure of mine, I admit it) pointed out the truth. He tweeted,

Check your facts, folks. This is an actress named Samara Weaving from . This is a make-up test. Sad.

If you haven’t seen “Ash vs. The Evil Dead,” and unless you are a hard core, cult comedy-gore fan, I wouldn’t advise doing so, this is the cable series starring Campbell as he reprises his iconic role from the “Evil Dead” Trilogy, most famous for this classic sequence from “Evil Dead II,” in which hardware salesman Ash (Campbell), trapped in a cabin under assault by demons,  finds his right arm possessed and trying to kill him:

Okay, I’ve been waiting forever for an excuse to post this on Ethics Alarms. l love it.

Anyway, Bruce is right. This is sad. And dishonest.

And stupid.

Res Ipsa Loquitur Ethics Quote Of The Day: Law Professor/Blogger/Irony Master Ann Althouse

free-bingo-design

The NYT article tells us that Sotomayor’s remarks were published in the Berkeley La Raza Law Journal and that she also said:

“Whether born from experience or inherent physiological or cultural differences,” she said, for jurists who are women and nonwhite, “our gender and national origins may and will make a difference in our judging.”…

… Judge Sotomayor questioned whether achieving impartiality “is possible in all, or even, in most, cases.” She added, “And I wonder whether by ignoring our differences as women or men of color we do a disservice both to the law and society.” She also approvingly quoted several law professors who said that “to judge is an exercise of power” and that “there is no objective stance but only a series of perspectives. Personal experiences affect the facts that judges choose to see,” she said.

So has Donald Trump refrained from doing a disservice both to the law and society?

—-Ann Althouse, making a slam-dunk point about the hypocrisy of the uproar over Donald Trump’s “racist”suggestion that a Hispanic-American judge might be biased against him.

Althouse and I are right, and almost everyone else is wrong. It’s obvious, and beyond rebuttal on the facts. Althouse has joined me as one who also deplores everything about Donald Trump but who is determined to call out intellectual dishonesty and unfairness in the attacks against him. She also posted this… Continue reading

Ethics Tip To The Michigan Bar: Disbar Incompetent And Unethical Lawyers, The Justice System Works Better

There are too many stories like this. The Detroit News reports that Davontae Sanford, who spent his teen years and early 20s behind bars for multiple murders he didn’t commit, will be released today after the judge who presided over his 2008 trial vacated his sentence. It seems that he was innocent of the crimes, as a confession by someone else shortly after he was locked up should have suggested. Read the whole tale. I spit out a mouthful of coffee, however, when I got to this part, near the end of the article.

Sharing criticism for this miscarriage of justice, along with police and prosecutors,  is Sanford’s original attorney, Robert Slameka.  Sanford’s current attorney told reporters,

“One of the really tremendous failures of the system was his defense attorney. There was not one pretrial motion that was brought. Davontae’s confession had all the hallmarks of a false confession; (it was) never challenged. The failures are manifest, but a lot of it falls to the one person who was supposed to protect Davontae in this process, and that was his attorney. And that wasn’t done, and when that’s not done, the system sort of collapses.”

This lawyer didn’t stutter (that is, I don’t think so) but  convinced Sanford to plead guilty to second-degree murder, telling him prosecutors had an iron-clad case, and that if he pleaded, he’d get out of prison earlier. While allegedly defending the teen,  Slameka waived making an opening statement (maybe he DID stutter!) , and never cross-examined the detective who questioned Sanford. Continue reading

Now, Trump, On The Other Hand, Knows How To Create REAL Bias In The Justice System: Bribery!

Bribe

Florida’s attorney general Pam Bondi personally solicited a political contribution from Donald Trump while she considered joining an investigation of alleged fraud at Trump University and its affiliates, AP reports

Trump’s $25,000 donation to Bondi came from a Trump family foundation in a likely violation of rules surrounding legitimate activities by 501 C (3) charities, which are not allowed to engage in political grant-making. And Justice for All, a political group backing Bondi’s re-election,  reported receiving the check on Sept. 17, 2013 — four days after Bondi’s office publicly announced she was considering joining a New York state probe of Trump University’s activities.

What a coincidence!

 After the check came in, Bondi decided to leave Trump alone, citing insufficient grounds to proceed.

ANOTHER coincidence!

This was a bribe, ladies and gentlemen, and an unusually obvious one.

Bondi’s a crook, and an unethical lawyer. Trump, meanwhile, is Trump.

Do you wonder that he said that “it is a rigged system”? No wonder he thinks that: he’s helped rig it.

__________________________

Pointer: Fred
Source: AP