The Most Unethical Prosecutor Of All: Baltimore’s Marilyn Mosby

Mosby

In a legal ethics seminar I taught this week for government attorneys, the vast majority of them voted that Marilyn Mosby’s vainglorious announcement of charges against six officers in the death of Freddie Gray was prosecutorial abuse, and a blatant violation of professional ethics rule 3.8, which directs that (this is the Maryland version)…

The prosecutor in a criminal case shall:

(a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;

…
(e) except for statements that are necessary to inform the public of the nature and extent of the prosecutor’s action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused and exercise reasonable care to prevent an employee or other person under the control of the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6 or this Rule.

Of course it was a breach of ethics, and an outrageous one. Her statement, which I discussed here, not only overstated her justification for bringing the charges, which were rushed and announced before a careful investigation was completed, it also stated that the officers were guilty, and worse, that the charges were being brought because the demonstrating and rioting protesters has demanded it. Mosby’s words suggested that she stood with the mob. Continue reading →

Introducing The Ethics Stooges: Bristol, Geraldo, And Dan

three-stooges

They are the perfect  2015 replacements for Larry, Moe and Curly. So diverse! Bristol Palin, a conservative woman; Geraldo Rivera,a Hispanic liberal who works for a conservative news network, and Dan Savage, a progressive gay scold!

Too bad they aren’t funny.

In fact, they are pathetic, and, of course, ethically inert. They also make “Porcupine” and the Howard Boys look classy by comparison, and they showered in their clothes.

First, yecch, Bristol Palin. She is the epitome of a worthless celebrity. Arguably, she is worse that a Kardashian. Her claim to fame is embarrassing her mother by turning up pregnant and unmarried in the middle of the 2008 Presidential campaign. That’s it. That got her a slot on “Dancing With The Stars” and a reality show where she became the poster girl for unmarried motherhood as a clever career move. Then, mind-blowingly, she became a paid advocate for teenage abstinence before marriage, that is, unlike her. In 2011, Palin was paid more than a typical Hillary Clinton college speaking fee—over a quarter million dollars—to be the abstinence spokesperson for the Candies Foundation.

Naturally, she got pregnant sans wedding ring again.

Soon after her engagement to former Marine and Medal of Honor awardee Dakota Meyer ended, Palin announced on her blog this week that she was once more with child, but without husband. “I wanted you guys to be the first to know that I am pregnant. Honestly, I’ve been trying my hardest to keep my chin up on this one,” wrote Palin. “I know this has been, and will be, a huge disappointment to my family, to my close friends, and to many of you,” she wrote. “But please respect Tripp’s and my privacy during this time. I do not want any lectures and I do not want any sympathy.”

Nyuck, nyuck, nyuck!

No sympathy? Deal. But here’s the lecture: you owe the Candies Foundation—which, frankly, deserves this embarrassment for hiring a feckless reality star as a role model for impressionable teens–every cent you accepted as part of your con. But then your life is a con. You have no talent, no integrity, and no excuse for your conduct. Get an education, grow up, and go away. You degrade the culture and America’s values by your very existence. Continue reading →

Integrity Gut Check: Who Will Have The Courage To Oppose The Left’s Cultural Purge?

STOP

Not journalists, surely, based on what we’ve seen so far. Will you? That’s not a rhetorical question. The rush to airbrush history, distort the historical record and strangle art and culture in pursuit of ideological indoctrination and constriction of dissent, imagination and thought itself is well underway in the United States, not yet as furious and violent as related movements that occurred during China’s cultural upheaval and the French Revolution, but still driven by the same kind of irrational fervor.

It certainly is frustrating sitting here on a tiny island of rationality, lamely pointing out where cultural perils lie, knowing that the net effect of my analysis is somewhere between nil and the societal influence of the local nut case carrying a placard in the park. I cautioned against a rush to avoid the ludicrous and cynical effort by civil rights leaders, Democratic politicians trying to somehow panic African-Americans into trusting Hillary, and social justice censors by pulling down Confederate flags now, as if the emblems had a smidgen, a wisp, an atom’s worth of culpability for Dylann Roof’s crime. I even launched a new Niggardly Principle to show the way, remember? Here it is again:

The Third Niggardly Principle

When suppressing speech and conduct based on an individual’s or a group’s sincere claim that such speech or conduct is offensive, however understandable and reasonable this claim may be, creates or threatens to create a powerful precedent that will undermine freedom of speech, expression or political opinion elsewhere, calls to suppress the speech or conduct must be opposed and rejected.

Never mind. Politicians have little integrity or courage, and certainly no ability to foresee the inevitable. If Nikki Haley and her fellow Southern governors legislators past and present had any of these qualities, they would have known that continuing to associate their states with the symbol of the Confederacy and all–-ALL—it stands for was a ticking cultural time bomb that should have been defused long, long ago. The flags should have been taken down when a fanatic, censorious mob of ideological zealots wasn’t in the ascendance, and wouldn’t take a belated decision to do what should have been done years—decades— before to mean that they are in control, and could finally dictate cultural conformity, because that’s what authoritarian leftists do.

Business is soulless and often without principle. It is the last entity that we should ever expect to do what is necessary to protect the flanks of free speech, will and thought. Anyone who wants to have a Confederate flag in a collection, on a jacket, or on a wall of their room should be able to purchase one. The disgraceful statement by Walmart’s CEO immediately tossed kerosene on the left’s flaming censorious passions. Good people—you know, like the people who run Walmart– don’t want to offend anyone, he suggested. Perfect. Let’s see, what can we send down the memory hole now?

Whatever they can find and think of that is connected in any way to slavery, racism and the Confederacy, apparently. And more.

The flag mania has already beyond reason: the National Park Service is pulling all items that include the Confederate flag from its gift shops , even at the battlefields. So if a 10-year old who is fascinated with the Battle of Gettysburg and wants to set up a diorama of the pivotal battle complete with little flags, the store at the battlefield itself can’t nourish his interests, because “Black Lives Matter.” What sense does it make to ban the flag and not toy soldiers of the men who fought under the flag? Well, it doesn’t, right? “Black Lives Matter.” And surely selling photographs of the generals who led those men, and books that contain photos of them, and films, like Ted Turner’s epic “Gettysburg,” that portray those generals as human beings and not racist killers who have been secretly whispering to Dylann Roof in his fevered dreams, can’t be permitted either.

I am not exaggerating this slippery slope, or how far the carnage may reach if rational people try to hide until it blows over.

Continue reading →

Apology Scale Rating Verdict: Dzhokhar Tsarnaev’s Pre-sentencing Statement

boston-marathon-newsnyork.com_

Dzhokhar Tsarnaev, the young terrorist who was formally sentenced to die for his role in the April 2013 Boston Marathon bombing,, finally said something in court before judgment was passed: he apologized, somewhere in the middle of an infomercial for Islam.

You can read the whole statement here. This is the apology section:

The Prophet Muhammad, peace and blessings be upon him, said that if you do not — if you are not merciful to Allah’s creation, Allah will not be merciful to you, so I’d like to now apologize to the victims, to the survivors.

Immediately after the bombing, which I am guilty of — if there’s any lingering doubt about that, let there be no more. I did do it along with my brother — I learned of some of the victims. I learned their names, their faces, their age. And throughout this trial more of those victims were given names, more of those victims had faces, and they had burdened souls.

Now, all those who got up on that witness stand and that podium related to us — to me — I was listening — the suffering that was and the hardship that still is, with strength and with patience and with dignity. Now, Allah says in the Quran that no soul is burdened with more than it can bear, and you told us just how unbearable it was, how horrendous it was, this thing I put you through. And I know that you kept that much. I know that there isn’t enough time in the day for you to have related to us everything. I also wish that far more people had a chance to get up there, but I took them from you.

Now, I am sorry for the lives that I’ve taken, for the suffering that I’ve caused you, for the damage that I’ve done, irreparable damage.

Now, I am a Muslim. My religion is Islam. The God I worship, besides whom there is no other God, is Allah. And I prayed for Allah to bestow his mercy upon the deceased, those affected in the bombing and their families. Allah says in the Quran that with every hardship there is relief. I pray for your relief, for your healing, for your well-being, for your strength.

Where does this apology rate on the Ethics Alarms Apology Scale? There are few important features to note: Continue reading →

Warning: The Companion Rule To “Bias Makes You Stupid” Is “Immunity To Bias Makes You Dead”

terrorist

The picture above shows Denis Cuspert, a German rapper and the enterprising creator of the T-shirt he is holding in the shot on the left. The photo on the right shows Denis in his current incarnation, Abu Talha Al-Almani. He formally joined the Islamic State sometime in April 2014. It is believed that he has become the Islamic State’s chief propagandist in the German language, inspiring disillusioned young Germans to become jihadists. In November 2014, he appeared in an Islamic State video holding a severed head.

I saw the photo above online this morning, and it reminded me that I have never made an important point about bias explicit here. Bias causes a lot of problems, in society and in the life of individuals, but those who furiously condemn bias  and demand that we should eradicate it from human nature are reckless and ignorant, and often dishonest as well. Bias is a crucial evolutionary feature that allows human beings to avoid making the same mistake twice, or a hundred times. It is linked to trust, and leads to wariness. Without the ability to form biases, every one of us would be fatally naive, and a victim waiting to be harmed. Continue reading →

Observations On The News That Pete Rose Bet On Baseball As A Player After All

Rose Time cover

The story is here.

To summarize for those new to this story and its various issues:

Because the 1919 World Series fixing scandal nearly toppled the sport, any player, manager or coach who bets on baseball games will be automatically banned from the game for life and from the Major League Baseball Hall of Fame for perpetuity. Pete Rose, the all-time hits leader as a player and a certain Hall of Fame admittee under normal circumstances, was shown to have bet on baseball while a manager, after his playing career. For many years he lied, denying that this was true, then came clean in time to hawk his autobiography.

Rose has always had a lot of sympathy from fans and players, in part because he was such an exciting player, in part because he played with the innocent enthusiasm of a child and  he is a child, at least emotionally, and mostly because it was believed, since Rose insisted that it was true—yes, I know that sounds strange, given Rose’s record of serial dishonesty—that he never gambled on baseball while he was a player.

This season, public sentiment had been building to finally pronounce Rose forgiven. He had even progressed to the stage that some advertisers were using him in TV commercials. Baseball has a new Commissioner, and he had signaled that he would give Rose’s long-standing and ignored petition for reinstatement due consideration.

All of that is gone now, presumably forever.

Some last thoughts on Rose, as with any luck this is the last occasion I will have to write about him: Continue reading →

No, Lisa, Alex Rodriguez Has Not Suddenly Become a Role Model. Also, YECCCHHHH…

New York Yankees third baseman Alex Rodriguez warms up before the Yankees' American League baseball game against the Boston Red Sox at Fenway Park in Boston, Massachusetts August 16, 2013.  REUTERS/Brian Snyder  (UNITED STATES - Tags: SPORT BASEBALL)

Some role model.

Yesterday’s Washington Post “Outlook” section was polluted by a column by blogger Lisa Swan, and were her message not so ethically offensive, I would be inclined to ignore it. Her masterpiece was titled, “The Redemption of A-Rod,” and it argued that because Yankee designated hitter Alex Rodriguez has played unexpectedly well for his team after a one-year suspension, because the team is doing well this season, because he has not, as in the past, been involved in some embarrassing or slimy scandal on field or off for the grand total of nearly three months, and most of all, because Yankee fans are cheering him, he has become, in her words, a “role model.” She writes, and I am suppressing a gag reflex as I type this:

“We want our role models to be perfect, especially for our children’s sake. But what can flawless, contour-free statues — the marble creatures on pedestals — really teach us about overcoming adversity? The reality is that most of us have more A-Rod in us than we do Jeter. No. 2 is cool but boring; No. 13 is the one who, after decades of trying, finally bested his demons — the flawed human who dug his own grave, then climbed out of it.”

The stunning thing is that A-Rod’s biggest and most ethically obtuse fan does a reasonably fair job of summarizing his illegal, dishonest, unsportsmanlike, narcissist and sociopathic behavior. She writes… Continue reading →

Ethics Heroes: The Sweet Briar Alumnae And Their Supporters

victory

What an inspiring story! I hoped, and I so wanted to believe, but I confess that I really thought that the traitorous, unethical Sweet Briar College board had delivered a fatal blow to this storied all-woman’s college by operating by surprise and stealth, waiting to announce its plan to close the institution so late in the academic year as to render counter-measures futile.

Like that disgraceful crew, I underestimated the determined women of Sweet Briar and their allies.

From the Washington Post:

Virginia Attorney General Mark R. Herring’s office announced Saturday night that an agreement has been reached to keep Sweet Briar College open next year.

The agreement, which requires court approval, involves a $12 million commitment from an alumnae group and permission from the attorney general to release $16 million from the school’s endowment.

The president of the private women’s college in rural Virginia shocked many in March when he abruptly announced that the college, which is more than 100 years old, would close in the summer. Since then, supporters have been working feverishly to save the school, protesting, raising money and filing lawsuits challenging the closure.

On Saturday, Herring’s office announced that — if Bedford County Circuit Court Judge James W. Updike Jr. approves the agreement — Saving Sweet Briar, the alumnae group, would give $12 million for the operation of the college for the 2015-2016 year, with the first $2.5 million installment to be delivered in early July….

Both the alumnae group and other challengers to the closure say the funding would be enough to keep the school operating for the 2015-2016 academic year.

The agreement comes barely a month before the historic school was slated to close — and in advance of court hearings on multiple lawsuits. It does not resolve the ongoing issues that the school’s current leadership cited in making the decision to close, such as concerns about enrollment and revenue. It does not explain where next year’s class will come from, since accepted students were told to apply elsewhere and current students were told to transfer. But it provides a stopgap…

Leadership would change: If the agreement is approved, at least 13 board members would resign, and 18 new ones would be appointed — a majority that would control the board… Continue reading →

Unethical Quote Of The Day: Hillary Clinton

“We have to have a candid national conversation about race and about discrimination, prejudice, hatred. But unfortunately the public discourse is sometimes hotter and more negative than it should be, which can, in my opinion, trigger people who are less than stable. For example, a recent entry into the Republican presidential campaign said some very inflammatory things about Mexicans. Everybody should stand up and say that’s not acceptable. You don’t talk like that on talk radio. You don’t talk like that on the kind of political campaigns. I think he is emblematic. I want people to understand it’s not about him, it’s about everybody.”

—Democratic Presidential Anointee Hillary Clinton, in an interview with KNPB’s Jon Ralston, discussing the Charleston church shooting of nine African-American worshipers

Note that this is just the unethical quote of the day, rather than week or month, and to be fair, it probably wasn’t even the most unethical quote of the day on this particular topic. Later today I hope to announce the top ten most unethical public statements on the Charleston tragedy (so far), and it is not certain that Hillary’s comment will even make the list.

It’s that bad out there.

I wonder if anyone in the Democratic Party is at all concerned that Clinton is apparently incapable of speaking without a script and avoiding saying absurd and outrageous things? Or do Democrats not recognize that they are outrageous? Which is more disturbing, that they seem ready to hand the most powerful job on earth to this awful, addled, corrupt woman knowing how terrible her judgment and political skills are, or that they can’t tell how terrible they are?

Or that there isn’t a single qualified individual in the entire party that they think is far superior? Or two? Or a hundred?

Well, like wading through day old garbage, let’s analyze this mess. Yuck:

1. To suggest that Donald Trump’s crude statements about illegal immigrants (which was, you know, literally accurate, just needlessly offensive) did have, could have had or is “emblematic” of rhetoric that might have “triggered” Dylann Roof’s act is slimy, gutter level politics at its worst. Clinton implicates Republicans in a murder by linking the party to a self-promoting fraud who is not a serious candidate. Nice.

2. She doesn’t have the guts or fairness to name the man she is sliming (the host asked her to). Who campaigns like that? “I’m not going to name names, but a certain Republican who just entered the race and said this...”  Feminists should throw up: this is girly campaigning…for 7th grade class president.

3. Does Hillary not recall that the Democrats and various pundits thoroughly disgraced themselves by accusing Rush Limbaugh and Sarah Palin of “triggering” the Tuscon shooting that wounded Rep. Giffords, in a flagrant effort to shut down the speech of political opponents and tie them to the act of a madman? Or did she approve of that miserable, censorious tactic? Presumably it is the latter, because this statement exemplifies the same foolish, dishonest lack of ethics.

4. Hillary begins by saying that we need to have a candid conversation, and then goes on to condemn Trump for being candid. Trump has nothing to recommend in his character or leadership ability whatsoever, but candor is not a quality he lacks. Clinton can’t  maintain honesty and integrity in the span of one short statement in an interview! How can there be candor on race, if  everyone should stand up and say that candor is not acceptable? Hillary’s version of candor is “candor that doesn’t disagree with what my party has declared as acceptable speech and belief.”

Perhaps worst of all, Clinton made a victim out of Donald Trump, and allowed him to say in response, “politicians are just no good.” This is as close to correct as Trump will be in his entire life, except that Hillary Clinton makes other politicians look good by comparison.

 

Dear Republican Presidential Candidates Trying To Cast The Charleston Shooting As An Attack On Religious Freedom: Shut Up, Please. You’re Embarrassing Yourselves.

PLEASE-SHUT-UP!

PLEASE-SHUT-UP!

I really thought that nothing could be as cynical and divisive as the President’s attempt to exploit the Charleston massacre for political objectives.

Why do I always underestimate the crass stupidity of Republicans?

“You just can’t think that things like this can happen in America. It’s obviously a crime of hate,” GOP Presidential candidate Rick Santorum told radio host Joe Piscopo yesterday—yes, that’s what Joe is doing now. Rick waxed on…

“Again, we don’t know the rationale, but what other rationale could there be? You’re sort of lost that somebody could walk into a Bible study in a church and indiscriminately kill people. It’s something that, again, you think we’re beyond that in America and it’s sad to see. All you can do is pray for those and pray for our country This is one of those situations where you just have to take a step back and say we — you know, you talk about the importance of prayer in this time and we’re now seeing assaults on our religious liberty we’ve never seen before. It’s a time for deeper reflection beyond this horrible situation.”

Now here is Lindsey Graham, also running for President: “It’s 2015. There are people out there looking for Christians to kill them.” Sen. Rand Paul, a reliable dolt, also weighed in with the same theme:

“What kind of person goes into church and shoots nine people? There’s a sickness in our country, there’s something terribly wrong, but it isn’t going to be fixed by your government. It’s people straying away, it’s people not understanding where salvation comes from.”

This is shameless, shameful, and stupid beyond all understanding. Gee, guys, did you notice any other common characteristics of the people attacked? Does that seem like just a coincidence to you? Did you detect any special feature about the killer that might suggest another motivation other than infringing on freedom of worship? Continue reading →