Now THIS Is An Incompetent Judge…

oops

U.S. District Judge Patricia Minaldi was removed from St. Charles, Louisiana jury trial for criminal fraud in February, then her replacement declared a mistrial. Nobody knew why until the Associated Press got transcripts unsealed. They do not give one great confidence in the management of the justice system.

In one unsealed transcript (PDF), federal prosecutors and a public defender jointly called  U.S. District Judge Donald Walter ,who took over the case from Minaldi,  to ask him to grant a mistrial. The chief judge had assigned Walter to the case in an order that cited Minaldi’s inability to be present at the trial, but provided no additional explanation.

Minaldi was unable to be present because she doesn’t have the requisite awareness of the world around her or of the requirements of her job to be a judge. The botched trial included this ominous incident:

On the last day of the trial before it was suspended, Assistant U.S. Attorney Robert Moore was questioning a witness about the defendant’s grant application which had been filled out on a computer. Judge Minaldi interrupted the witness to ask what a “drop-down box” and “drop-down menus”  were.

“I have no idea what that means,” Minaldi said, regarding the reference to drop-down menus.  “No offense, but if I don’t understand it, I don’t think anybody else is going to understand it,” she continued. “I’ve been to law school. I’ve been doing this for 30 years. I have no idea what y’all are talking about.” After another question—Minaldi didn’t understand references to “Y’s and yeses” in relation to the answers to yes or no questions on the application—the judge recessed the court for lunch.

“Get your act together. Okay,” Minaldi told Moore. “I have no idea what’s going on here. Get your act together.”

Because it was HIS fault she had no idea what was going on. Continue reading →

Does The Pentagon Hiding Its Waste Of 125 Billion Dollars Qualify As An Obama Administration Scandal? Nah! Don’t You Know That The Obama Administration Is Scandal Free?

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Scandals? In the Obama Administration? Of course not! David Brooks said so, remember?

“President Obama has run an amazingly scandal-free administration, not only he himself, but the people around him. He’s chosen people who have been pretty scandal-free. And so there are people in Washington who do set a standard of integrity, who do seem to attract people of quality.”

The IRS targeting conservative groups to blunt their influence on an election? Not a scandal! HHS rolling out a non-functional website for Obamacare that cost 2 billion dollars? The Veterans Administration being mismanaged at epic proportions while veterans died waiting for care? Jonathan Gruber’s declaration that Obamacare depended upon the “stupidity of American voter”? The Secret Service showing utter incompetence repeatedly? The head of the CIA giving classified information to his mistress? The NSA allowing a low-level contractor to steal and publish crucial secrets? The Office of Personnel Management allowing hundreds of thousands of government employees to have their sensitive information hacked? Unprecedented sexual harassment and assault in the Armed Services? Fast and Furious? Wait, wasn’t there a Secretary of State who violated her own department’s security policies, covered it up, lied about it, and did so with the knowledge of the President? The Attorney General meeting with the husband of a target of an FBI investigation, when that husband was the former President who once promoted that AG? No scandals?

Nah, President Barack Obama administration is scandal free!

I was watching CNN and Headline News this morning specifically to see if the Washington Post’s scoop last night was deemed worthy of mention. Of course, it wasn’t, and so far, almost all of the mainstream news media apparently believes that it’s less important for Americans to know about than, well, just about everything. Here what Google’s software ways are the top stories based on what the web is reporting:

Donald Trump
Oakland
Manchester United F.C.
College football
Westworld
Seattle Seahawks
Manuel Valls
OPEC
New York Jets
Pat McCrory

Clearly, what the  Post’s Craig Whitlock and Bob Woodward  reported last night is trivia—fake news, really, since we know there are no scandals in the Obama Administration: Continue reading →

Ethics Dunce: Texas Elector Christopher Suprun [UPDATED]

Shut up, Chris; shut up, Alexander.

Oh, shut up, Chris; you too,, Alexander.

Another faithless Texas elector has announced himself. This time, it’s Christopher Suprun, the latest previously anonymous figure to exploit the 2016 Presidential candidacy of Donald Trump for 15 minutes of fame. Let’s see: there was Trump’s former lawyer, who breached or nicked several legal ethics duties to get a column in the Huffington Post, Trump’s ghostwriter, and all of the women who never saw fit to complain of being sexually assaulted by the President Elect until their accusations could do maximum harm and spark maximum exposure. Now we have Suprun, who penned a self-righteous op-ed for the New York Times explaining why he feels he is entitled, all by himself, to ignore the will of the people and cast his vote as elector for someone other than the candidate Texas insisted he pledge to vote for: the winner of the most votes by participating Texas citizens in the November 12 election.

The measure of Suprun’s gravitas and qualifications to take this responsibility on himself is aptly illustrated by the first of his justifications for his untenable position: “Mr. Trump goes out of his way to attack the cast of “Saturday Night Live” for bias.” Naturally, he appeals to the authority of Alexander Hamilton, whose various employments in the post-election train wreck has convinced me that he, not Old Hickory, really should move off the currency and make way for someone with the right number of chromosomes. If I hear one more quote from Federalist Paper 68—which no one is 100% certain that Hamilton even wrote—I may strip off my clothes and run screaming Norse epithets into the night. Assuming, as most do, that the author was Hamilton, so what? The paper was written after the Constitutional Convention. Hamilton’s concept for that document and the structure of the government was rejected. He didn’t trust the public, or democracy, wanted George Washington to be king, and championed a system the resembled Great Britain’s. Using him to justify a concept of the Electoral College that has never been employed or accepted in the United States is a classic logical fallacy. Continue reading →

“Reasons To be Happy About The Election Of Donald Trump”?

half-full-glass

Ann Althouse published a link to this article linked by Instapundit, and Prof Reynolds distilled his own seven reasons “to be happy” about the election upset. Four of the seven reasons are dubious or premature—“he could still blow it,” writes Reynolds. Ya think? He hasn’t been inaugurated yet!—but three, at least, have validity:

1.  Killed off dynastic politics, at least for now. If Hillary had won, 4 of the last 5 presidents would have come from two families. That’s not healthy.

2. Kept Hillary out of the White House. She’s amazingly crooked even by DC standards, and amazingly inept even by DC standards as well. Debacles galore have been prevented by keeping her out. Plus, a Clinton presidency would have allowed the completion of the Obama Administration’s weaponization of the federal government and possibly ensured one-party rule for decades. And at the very least, it would have allowed the sorry gang that Obama and Clinton brought in (go read the Podesta emails!) to bore in for four to eight more years….

5. Crushing the media’s sense of self-importance: They thought they were going to hand this election to Hillary. Now they’re realizing just how few people like or trust them, while Trump bypasses them using Twitter and YouTube. As I’ve said before, in the post-World War II era, the press has enjoyed certain institutional privileges based on two assumptions: (1) That it’s very powerful; and (2) That it will exercise that power responsibly, for the most part. Both assumptions have been proven false in this election cycle. Like many of the postwar institutional accommodations, this one will be renegotiated under Trump. It’s past time. After getting spanked in 2004 over RatherGate, the press realized with Katrina that if they all converged on the same lies they could still move the needle. Now they can’t.

None of these should be enough to pronounce oneself “happy” that we have elected a President who prior to his election displayed no fitness for office whatsoever, and an absence of such basic requirements of competent leadership as self-control, judgment, decorum, the ability to speak clearly, and knowledge of the Constitution. However, since Reynolds got a start on a list of silver linings to the Trump election cloud, let me complete one. I’ll call the Instapundit’s #5 the Ethics Alarm #3 and take it from there. I reiterate that even the whole list doesn’t turn this sow’s ear into a silk purse, but Trump’s election still has  up-sides that we can identify immediately. Continue reading →

Ethics Dunce: Liberty University

That's McCaw on the left, Starr on the right, with the Baylor women's basketball team.

That’s McCaw on the left, Starr on the right, with the Baylor women’s basketball team.

Football is a sport, but in American culture its primary impact is as an ethics corrupter. The latest revolting example of this is occurring at Lynchburg, Virginia’s Liberty University, a prominent Christian fundamentalist institution founded by Jerry Falwell, the late TV evangelist and Religious Right icon. The school  is supposedly dedicated to imbuing its students with moral values, but if it comes to choosing between the Ten Commandments and pigskin glory, guess what comes out on top?

Last week, with great fanfare, Liberty hired Ian McCaw as its new athletic director. “My vision for Liberty is to position it as a pre-eminent Christian athletic program in America,” McCaw said during a news conference.

This is his first paying assignment since May, when he left his job as the athletic director at Baylor, also a Christian university. His departure was made essential after a thorough investigation that found that those overseeing Baylor’s  football team as well as the management of  the athletic department—that is, McCaw— had been informed of multiple gang rapes and sexual assault by team members and had ignored it, as any good football-loving Christian would….especially when a star was involved.

Baylor’s summary of its confidential investigation, overseen by the law firm of Pepper Hamilton, found that athletic program administrators and football coaches learned of accusations of gang and date rape over many years and did not report them or take appropriate action. This, the report found, “reinforces the perception that rules applicable to other students are not applicable to football players.”

Ethics Alarms calls this “The King’s Pass,” or “The Star Syndrome.” It is antithetical to moral and ethical principles, and, in theory, religion.

The report concluded that the “the choices made by football staff and athletics leadership, in some instances, posed a risk to campus safety and the integrity of the University.” Continue reading →

Ethics Observations On This Kind Of Post-Election Hate, Those Who Write It, And Those Who Believe It [UPDATED]

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The piece in question is one published in The Daily Banter. The author is Justin Rosario, self-described as a “center-left Jewish-Puerto Rican atheist liberal.” His essay came out just before Thanksgiving, and he titled it, Yes, You Should Shame Your Trump Voting Relatives At Thanksgiving Dinner
(They’ve gone beyond politics and should be treated like the pariahs they are).

Here are the guts of it, when he explains exactly what your Trump-voting relatives “are”:

They’re the people in Germany who stood by and watched the Jews be herded into concentration camps and murdered. Except they’re worse because at least the Germans had never seen anything like the rise of Hitler before. They had no frame of reference to understand what was happening to their country. Your Donald voting relatives have heard and read about Nazis their entire lives. They know and they didn’t care.

Yes, they will have a million excuses for why they voted for someone they knew was a monster but they’re all bullshit. It wasn’t the economy. It wasn’t ISIS. It wasn’t unemployment. It wasn’t Hillary’s emails. It wasn’t Bill’s affairs. It wasn’t Washington corruption. Every single reason they give is a lie and they know it. They wanted one thing and one thing only: To take “their” country back from that fucking n*gger in the White House. That’s it. End of line. Full stop.

Your Donald voting relatives were so freaked out that a black man was president that once Donald told them it was not just permissible to be racist but necessary, they leapt at the chance to put Those People back in their place. And in doing so, they knowingly elected a man that will be all the things they were so afraid Obama was going to be: A tyrant. A dictator. A bully. An autocratic pig that will disregard the rule of law and treat America like his own personal playground. A brutal despot that will silence the media, arrest his political opponents and use the full power of the government to destroy his enemies.

Observations: Continue reading →

Never Mind “Fake News,” How Do We Protect Ourselves From “Fake Newsweek” And An Industry That Won’t Police Itself?

madam-president

From The Washington Examiner:

A Newsweek editor admitted Wednesday that he and other staffers didn’t actually read their recalled commemorative “Madam President” election issue before it was published.

Newsweek political editor Matthew Cooper said Wednesday on Fox News’ “Tucker Carlson Tonight” that the magazine’s issue, which incorrectly anticipated a Hillary Clinton win, was not produced by Newsweek but by a third party.

“Well, no one on our staff wrote that,” Cooper said. “Again, we subcontract out to a company.”

Cooper later stated that  “we did not review it before it went out.”

Carlson, who was aghast, asked at one point what would have happened if the sub-contractor, a hack outfit called Topix Media Lab, had printed “Mein Kampf” in the special edition under Newsweek’s banner.  “That would have been even worse,” answered Cooper. Continue reading →

From The “When Ethics Alarms Ring” Files: The Saga Of The Kind Repo Man

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Jim Ford is a repo man, the co-owner of Illini Recovery Inc., a company in Southern Illinois. Pat and Stanford Kipping were in arrears in the monthly payments for their car, a 1998 Buick, and he was engaged to repossess it.

The past due amount  was about $350, and the payment amount was $95 a month. The Kippings are elderly retirees, and when he met with them in their home, his task became more and more unpalatable. “I had to get the hell out of there,” he recalled. He was feeling more guilty by the second, and was especially bothered by their explanation that health care costs, especially rising prescription drug expenses, caused them to fall behind on their payments. Ford could see himself in that same dilemma some day.

The Golden Rule can be a bitch.

He felt so badly about taking the car that he stopped to phone a bank official only a block  or so after seizing the car, and asked if he could just pay off the whole loan on the couple’s behalf. That, he learned, would be a red tape nightmare. Instead, Ford followed a friend’s advice and  launched an online fundraising effort in his own name. That attracted support from Ford’s friends and business associates, and in about 24 hours, the appeal had raised the necessary amount, and more.

The Kippings got their car returned and completely paid for, along with an oil change, detailing, and repairs. They also received an extra $1,000, and the week of Thanksgiving, the gift of a turkey from Jim Ford and his friends. When Ford arrived to deliver the car, family members,neighbors and a reporter from a local paper were waiting to be part of the moment.

“They were really really happy,” Ford said. “I don’t know. I was just glad I could help somebody out.”

When ethics alarms ring, good things  happen.

 

The Rape Of Maria Schneider

tango_2011_a_l

There are many stories of directors crossing ethical lines by using abusive, unfair and disrespectful methods obtain a vivid performance from an actor. None are as bad as this one.

Now a video has surfaced of Italian director Bernardo Bertolucci admitting that in his acclaimed 1972 film “Last Tango In Paris,” the infamous rape scene where Paul (Marlon Brando) sodomizes Jeanne (Maria Schneider) with a stick of butter was not consented to by the 19 year-old actress, who was not warned of the unscripted sequence before it was thrust upon her, and in her. She was, in short, raped.

No wonder it seemed so realistic.

“The sequence of the butter is an idea that I had with Marlon in the morning before shooting it,” Bertolucci said in the 2013 interview at La Cinémathèque Française in Paris. “I’d been, in a way, horrible to Maria, because I didn’t tell her what was going on…I wanted her reaction as a girl, not as an actress…I wanted her to react humiliated…I think she hated me and also Marlon because we didn’t tell her.”

The film was a sensation, though and both Brando and Bertolucci received Academy Award nominations, so it was worth it.

Right?

Apparently Schneider alluded to the rape in private conversations and interviews, but never explicitly enough that it was clear what had been done to her. Now Hollywood is reacting with appropriate outrage.

“The should be in jail,” tweeted actor Chris Evans. (Psst!...the actor is long dead, Chris, as is Schneider. Bertolucci is 76.)

What a disgusting story of complete ethics rot in the arts, and what a damning indictment of Bertolucci, Brando and the culture that produced them.

_____________________

Pointer: Fred

Confirmation Bias And The Taiwan Phone Call

old-lady-poker

I have told the story here before, I think, of the poker hand I once witnessed in Las Vegas that forever serves as a warning about the dangers of confirmation bias. I was considering joining a seven card stud table at a casino, and as is my practice, decided to watch a few hands to see what the competition was like. One player stood out: an elderly, grandmotherly woman who played hesitantly and was prone to say things like “Oh, dear!” and talk to herself. She obviously irritated the  other players, who were all male and the human equivalents of the Dogs Playing Poker.

As it happened the  third hands I watched was a big one, with most of the players showing pairs and flushes. The grandmother dithered and sighed as usual, and when it she was faced, after the last card, with the decision of whether to call a huge bet, she delayed, pushed all her chips into the center to raise, and then pulled them back, saying that she would fold instead. The players protested, and the dealer informed her that once her chips had crossed the line on the table, her bet was complete. She looked horrified, and explained piteously that she had never played by those rules before. It was to no avail, however, and the remaining players eagerly called her wager, happy to take advantage of her gaffe.

The old woman had four jacks! It wasn’t a gaffe, it was an act, all of it. She had been taking advantage of the other players’ eagerness to stereotype her. Once the betting was over, she dropped the mask. “Four of a kind, gentlemen!’ she said authoritatively, revealing her hand. She raked in the gigantic pile of chips, and got up from her chair. “Thanks for the competition. I think I’ll try another table now.” She was heading to a table where they would think she was a clueless old lady, having blown her cover at this one.

I thought about that poker player when I was reading the comments on social media and from various pundits after it was reported that Donald Trump had engaged in a telephone conversation with the Taiwanese President Tsai Ing-wen.

Ever since the U.S. officially recognized Red China, Taiwan, formerly Formosa, has been treated diplomatically as if it doesn’t exist. Taiwan, the Chinese island territory where Chinese Nationalists fled after Communists  took over the country, still claims to be the real government of the Chinese mainland.  Under President Jimmy Carter’s “One China” policy, the U.S. officially refuses to recognize it as independent. It is, however, a convenient fiction.  As Slate explained in 2000:

While the U.S. officially adheres to the one-China policy, it practices a de facto two-China policy. Under the 1979 Taiwan Relations Act, the U.S. sells Taiwan military weapons, and the language of the act warns the People’s Republic that any coercive unification efforts would be “of grave concern to the United States.”Beginning in the late 1980s, the two Chinas flouted their one-China policies by establishing economic and cultural but not political ties….Taiwan… has continued to pay lip service to independence–two Chinas–but, out of fear of provoking China, has refrained from explicitly repudiating the one-China policy.

An incoming President publicly treating Taiwan’s leader as a head of state is bound to make China nervous. Sine everyone has already concluded that Donald Trump is an impulsive, reckless idiot, the phone conversation was immediately interpreted by his critics in that context. Similarly on social media: every Angry Left poster who mentioned the incident was contemptuous, as if any of them had superior diplomatic expertise to Trump, who is not exactly unfamiliar with the Chinese, with whom he has had many business dealings. Many were also fearful. This is the apparently agreed-upon strategy of  de-legitimizing Trump: he’s scary. He’s not a real American President ( just as many Republicans claimed Obama was an alien), with American virtues and values. He’s a bull in a china shop! (China, get it?) A beast, not a statesman! He’s Hitler, a criminal, a dictator, the boogeyman. See? See? This is going to start World War III!

This interpretation of Trump’s actions is pure confirmation bias. If a President-Elect with respected foreign policy credentials (not that we’ve had one since in 50 years) had done exactly the same thing, exactly the same way, it would be debated, but many more would see it as wily diplomacy. Again, confirmation bias: nobody really knows what the idea behind the call was, or if there was an idea. The Democratic National Committee responded by saying, “Donald Trump is either too incompetent to understand that his foolish phone call threatens our national security, or he’s doing it deliberately because he reportedly wants to build hotels in Taiwan to pad his own pockets.” Wow…THAT’s fair! Stay classy, Democrats! I’m sure this is the way to win back the trust and support of the electorate. Talk about a parody of partisan rhetoric;  tell us again about how the mean old Republicans wouldn’t give Barack Obama a chance.

Continue reading →