1 Moron on board. Passengers can create personal wi-fi networks o and name them what they want while flying on some airlines, like Turkish Airlines.One passenger on a flight from Nairobi to Istanbul named his wi-fi network “bomb on board.”
Brilliant. Passengers could see that the network was in operation on the plane when they used their own devices, and became, ah, upset. In a statement, Turkish Airlines said the flight made an emergency landing at the Khartoum airport in Sudan, but the flight was safely resumed after security inspections on all passengers and the aircraft.
2. Terry McAuliffe for President! A 220-page report from Timothy Heaphy, a former U.S. attorney, was commissioned by the city council to find out what happened in Charlottesville when a white nationalist group opposing the removal of a Robert. E. Lee statue was opposed by a group including violent antifa thugs. It was released yesterday, and USA Today reports that it concluded…
“This represents a failure of one of government’s core functions — the protection of fundamental rights. Law enforcement also failed to maintain order and protect citizens from harm, injury and death.”
Among the report’s other findings:
• Charlottesville police didn’t ensure separation between counter-protesters and so-called alt-right protesters upset with the city council’s decision to remove the Robert E. Lee statue from Emancipation Park.
• Officers weren’t stationed along routes to the park, but instead remained behind barricades in relatively empty zones.
• City police didn’t adequately coordinate with Virginia State Police, and authorities were unable to communicate via radio.
• State police didn’t share a formal planning document with city police, “a crucial failure.”
• Officers were inadequately equipped to respond to the clashes between the two groups, and tactical gear was not accessible to officers.
The handling of this episode by city and state officials was a warning about how tenuous support is for core American rights and values, though the news media didn’t cover it that way. Ethics Alarms did. Here is what I wrote at the time about the Governor of Virginia, now being prominently mentions as a possible Democratic Presidential nominee…after all, he is long-time Clinton loyalist, so why not?
[We] have Virginia’s governor Terry McAuliffe, who used the power and influence of his office to declare that people holding views he does not approve of are not welcome in the Old Dominion. In the midst of some patriotic grandstanding, he said…
“You are not wanted in this great commonwealth. Shame on you….There is no place for you here. There is no place for you in America.”
This is leftist fascism, by definition. Who is Terry McAuliffe, or Virginia, or anyone, to say who can or should have a “place” in the United States of America? How is this statement applied to white nationalists any different legally or ethically from applying it to Muslims, or lesbians, or abortion advocates, or Catholics, Jews or libertarians?
It isn’t. The entire point of the Bill of Rights is that the government does not get to tell us what to thing, what we can chant, what we can protest, and where we can live.
Charlottesville’s mayor made similar sentiments known, and the result was that the police obeyed the cues, and a riot resulted.
Then the news media blamed Steve Bannon and President Trump. Continue reading →
Jose Ines Garcia Zarate, a serial illegal Mexican immigrant who had been deported five times and was wanted for a sixth deportation, shot young Kate Steinle in the back in 2016. Since this occurred shortly after Donald Trump, announcing his candidacy for President, had decried Mexico “sending us murderers” across the border, Zarate took on the role of Trump’s Willie Horton. Zarate admitted to the shooting, but said that he had just found the gun on the street, and fired accidentally. The jury found him not guilty on murder and manslaughter charges, but he was convicted on a gun charge.
Ethics Observations:
President Trump, and a lot of media commentators, pronounced the verdict “disgraceful.” The President’s Twitter rant:
The Kate Steinle killer came back and back over the weakly protected Obama border, always committing crimes and being violent, and yet this info was not used in court. His exoneration is a complete travesty of justice. BUILD THE WALL!…The jury was not told the killer of Kate was a 7 time felon. The Schumer/Pelosi Democrats are so weak on Crime that they will pay a big price in the 2018 and 2020 Elections….A disgraceful verdict in the Kate Steinle case! No wonder the people of our Country are so angry with Illegal Immigration.
Ugh. The question before the jury was whether Zarate murdered Steinle, not whether immigration enforcement is too lax, not whether he was a bad guy, not what previous crimes he had committed. The verdict was no more disgraceful that O.J.’s acquittal, George Zimmerman’s acquittal, Casey Anthony’s acquittal, the acquittals in the Freddie Gray case, or any other acquittal where the prosecution does not prove guilt beyond a reasonable doubt.
Nobody not on the jury or the courtroom has any basis or justification to attack the verdict.
The President’s comments are embarrassingly ignorant or dismissive of the basic principles of our criminal justice system.
Attorney General Jeff Sessions‘ statement following the verdict was better, but still wrong:
“While the State of California sought a murder charge for the man who caused Ms. Steinle’s death—a man who would not have been on the streets of San Francisco if the city simply honored an ICE detainer—the people ultimately convicted him of felon in possession of a firearm.When jurisdictions choose to return criminal aliens to the streets rather than turning them over to federal immigration authorities, they put the public’s safety at risk. San Francisco’s decision to protect criminal aliens led to the preventable and heartbreaking death of Kate Steinle. I urge the leaders of the nation’s communities to reflect on the outcome of this case and consider carefully the harm they are doing to their citizens by refusing to cooperate with federal law enforcement officers.”
This “but for” argument is a “Back to the Future”/”Terminator” con. The fact that it was Zarate who picked up an abandoned gun that discharged and killed Steinle—this is what the jury concluded—and not a Cub Scout, a fumble-thumbed bank teller, a stoned gay guy or Pablo Sandoval is 100% moral luck. Yes, if Zarate was in Mexico—or Iowa—Steinle might be alive today. Or maybe not. Also if the US gave more aid to Mexico and it wasn’t such a hell hole that its citizens keep coming here illegally, she might be alive. Maybe if Zarate’s mother had been killed by an android from the future before she met Zarate’s father…
The reason to enforce immigration laws is that they are important laws and should be enforced. Steinle’s death and Zarate’s acquittal don’t affect those facts one way or the other. Continue reading →
I ran a red light last night, and I’m feeling bad about it. Ted Kaczynski made me do it.
It was after midnight, and I was returning home after seeing the pre-Broadway production of the musical “Mean Girls,” based on the cult Lindsay Lohan comedy. I was late, my phone was dead, I knew my wife would be worried, and I was stopped at an intersection where I could see for many football fields in all directions. There were no cars to be seen anywhere.
Ted, , aka “The Unabomber” or “Snookums” to his friends, cited my exact situation as an example of how we have become slaves to our technology. Why do we waste moments of our limited lifespan because of a red light, when there is no reason to be stopped other than because the signal says to. Admittedly, this had bothered me before I read Ted’s complaint. Stop lights should start blinking by midnight, allowing a motorist to proceed with caution, as with a stop sign. If one isn’t blinking, we should be allowed to treat it as if it is.
Last night, I ran the light. With my luck, there was a camera at the intersection, and I’ll get a ticket in the mail. But..
…whether I do or not doesn’t change the ethical or unethical character of my conduct. That’s just moral luck.
…it was still against the law to run the light, even it I was treating it as a blinking light, because it wasn’t
…breaking the law is unethical, even when the law is stupid, and
…there was no legitimate emergency that could justify my running the light as a utilitarian act.
So I feel guilty. Not guilty enough to turn myself in, but still guilty, since I am guilty.
Update: Let me add this; I was thinking in the shower.
On several occasions in the past, I have found myself stopped by a malfunctioning light that appeared to be determined to stay red forever. Is it ethical to go through the light then? The alternative is theoretically being stuck for the rest of my life. So we run such lights, on the theory the frozen stop light is not meeting the intent of the law or the authorities who placed it there, and to remain servile to the light under such circumstances is unreasonable. Yet running it is still breaking the law, and isn’t stopping for a light in the dead of night with no cars to be seen also not consistent with the intent of the law and the light? What’s the distinction?
1 “Rarrit!!” You will seldom see or hear as excellent an example of Authentic Frontier Gibberish than this word salad belched out by the leader of House Democrats on “Meet the Press” yesterday. Nancy Pelosi attracted so much negative attention with her “Rep. Conyers is too much of an icon to hold accountable” blather that this masterpiece was relatively ignored. Pelosi was asked by Chuck Todd whether she would support releasing to the public the full information behind heretofore secret settlements of sexual harassment accusations against Congressmen, even indispensable, virtuous icons like John Conyers. She said…
“Well, here’s the thing. It’s really important. Because there is a question as to whether the Ethics Committee can get testimony if you have signed a nondisclosure agreement. We’re saying we think the Ethics Committee can, but if you don’t agree, we’ll pass a law that says the Ethics Committee can, a resolution in Congress that the Ethics Committee can…. But there’s no– I don’t want anybody thinking there’s any challenge here to our changing the law and see how people– when we know more about the individual cases. Well, because you know what our biggest strength is? Due process that protects the rights of the victim, so that, whatever the outcome is, everybody knows that there was due process….”
If Chuck Todd wasn’t a partisan hack, he would have recognized his journalistic obligation to say, “That made no sense at all, Congresswoman. Please try again.”
Public pressure is increasing to force Congress to release the names of the members of Congress who paid taxpayer funds to settle with their accusers. Good. Democrats are obviously terrified, and presumably Republicans are as well.
2. That mean Trump Administration insists on enforcing the law. The New York Times had a front page story Sunday about the plight of illegal immigrants in Atlanta. The story, entirely sympathetic to the arrested, deported, and those afraid of being arrested and deported, saying in one headline that “immigrants” (that’s illegal immigrants, NYT editors, a material distinction) fear “even driving.”
“Even driving” without a license.
Here’s a quote to make any rational American’s head explode, about a local journalist who uses social media to warn illegal immigrants when ICE is lurking,
“Asked whether he had any reservations about helping readers evade immigration law, he said he preferred to think he was helping people with no criminal records stay in the country. “Honestly, I believe it’s an honor as a journalist if the people can use your information for protecting their own families,” he said.”
Translation: “I prefer to think of what I am doing as something other than what I am really doing.”
It’s kind of like a newspaper calling illegal immigrants “immigrants.” Continue reading →
Wait—there are idiots out there who think the news media tilts right??
“How have we reached a point in this country when nearly half the voters of a U.S. state so mistrust, and even revile, major media outlets that they are willing to brush aside credible evidence and elect an accused sexual predator simply out of spite? How have we reached a point where a president of the United States can just declare ‘fake’ news he doesn’t like—and largely get away with it?”
—Politico writer Matt Latimer, in his recent post blaming the news media for the increasingly likely election of the objectively terrible Roy Moore to the U.S. Senate. (Lattimer does not give proper credit to the wave of accusations of sexual misconduct against Democratic elected officials, Hillary Clinton donors, left-leaning journalists, NPR executives, and Hollywood Trump-Haters.)
Latimer is far, far too mild in describing the answer to his question, but he is correct. The mainstream news media has been so arrogantly, blatantly, unethically and unprofessionally partisan and biased for more than a decade that it has forfeited any claim to be trusted or believed by anyone who does not ascribe to the political and ideological agendas of those who most journalists have decided it is their duty to promote, as opposed to their real duty, which is to practice objective, fair and competent journalism.
Ethics Alarms has documented this disastrous development, which naturally was denied by both journalists themselves and those who benefited most directly from their biases . I also stated exactly what would be the inevitable result of the “free press” becoming , instead of the public’s source of essential information about their nation and its government, a partisan tool of manipulation and deception. The result is an ignorant, cynical, distrustful public. The result is malfunctioning democracy. The result is elected officials of warped character and rotten ethics, who are at risk to betray the public trust for their own gain. The result is a dangerously divided society that acquires its information from the sources that signal that they share or support tribal biases.
The result is Clinton, Reid, McConnell, Pelosi, Pence, Waters, Bannon, Trump, and Roy Moore.
“If some innocent men’s reputations have to take a hit in the process of undoing the patriarchy, that is a price I am absolutely willing to pay.”
—Feminist writer Emily Linden, in the most unethical portion of an unethical twitter screed. After it was roundly attacked as the despicable, sexist, Left- facist, “by any means necessary” mind poison that it is, she hid her Twitter account. But of course.
Here is her whole yuck-pooie! rant:
“Here’s an unpopular opinion: I’m actually not at all concerned about innocent men losing their jobs over false sexual assault/harassment allegations…false allegations VERY rarely happen, so even bringing it up borders on a derailment tactic. It’s a microscopic risk in comparison to the issue at hand (worldwide, systemic oppression of half the population)…The benefit of all of us getting to finally tell the truth + the impact on victims FAR outweigh the loss of any one man’s reputation..If some innocent men’s reputations have to take a hit in the process of undoing the patriarchy, that is a price I am absolutely willing to pay.”
Yes, Emily is absolutely willing to pay a price that involves devastating harm to someone else. This woman is allegedly a writer, and yet delivered a rhetorical punch to he own jaw like that. Wow. Continue reading →
Here’s something to be thankful for: be thankful you don’t live in Indio or Coachella California, where unscrupulous city governments and an enterprising law form conspire to fleece their citizens. It works like this:
Step One: Indio and Coachella hire a private law firm, Silver & Wright, to prosecute citizens in criminal court for minor property violations of city ordinances. These result in small fines for infractions like not mowing the yard or selling lemonade without a business license.
Step Two: The citizens go to court, plead guilty, and pay the fines,
Step Three: They get a bill in the mail for a huge fee from the law firm that the city hired to prosecuted them. This fee is for the cost of the prosecution. Thus a fine for a couple of hundred dollars explodes into a legal bill of four or five figures.
Step Four: If the citizen objects, the law firm raises the fee demand.
Step Five: If the citizens can’t pay, the law firm threatens to take their homes.
The law firm that runs this brilliant operation is Silver & Wright, and it has been going on for years. The Desert Sun, in an investigative journalism effort, revealed this unholy alliance of municipality and law firm, and now, with public scrutiny, it just might be on its last legs. Thankfully.
The 18 cases examined by The Desert Sun come under the heading of nuisance property abatement, violations of law that are too inconsequential to involve the county’s real prosecutors, the Riverside County District Attorney’s Office. Thus Silver & Wright steps in. Contract prosecutions are a profit center for the firm, which explains on its website that it specializes in code enforcement and “cost recovery,” boasting
“Our attorneys have developed unique and cutting edge practices to achieve success for our clients and make nuisance abatement and code enforcement cost neutral or even revenue producing.”
Indio contracted with Silver & Wright in 2014, and Coachella followed in 2015. Within a year of hiring the firm, both city councils created new nuisance property ordinances empowering the cities to seek prosecution fees without getting approval from a judge. Then Silver & Wright started taking east valley property owners to criminal court. Continue reading →
1 “Is anybody there? Does anybody care?” Everywhere I go, lawyers are talking about the David Boies scandal, which I wrote about here. I haven’t seen much media discussion about it at all. We have now seen one prominent hack lawyer, Lisa Bloom, and one prominent, skilled and respected lawyer, Boies, demonstrate high profile professional conduct that should receive serious sanctions from their profession, and it appears that most of the public and the media neither knows this nor cares.
Bloom is just a venal, incompetent, bad lawyer. The real crisis is when top lawyers blithely engage in wildly unethical conduct in a high profile case, but I doubt the public sees the difference. Very little commentary on Boies’s betrayal of the New York Times focused on the throbbing black-letter ethics violation involved. Today, a front page story in the New York Times about Black Cube, the sinister investigative crew hired by Boies to gather dirt on the Times before it blew the whistle on Harvey Weinstein completely missed this crucial element of the story. It also makes it near-certain that no one will read the report who need to know how poorly legal ethics are enforced.
Here’s the headline in the print edition: “Sleuths for Weinstein Push Tradecraft Limits.”Tradecraft? Online: “Deception and Ruses Fill the Toolkit of Investigators Used by Weinstein.” Nowhere in the article are readers informed that lawyers are forbidden, without exception, from using any contractor that regularly uses deception.
“Earlier this month, a former hedge fund employee was flown from Hong Kong to London for a job interview. Around the same time, a current employee of the same Toronto hedge fund was also flown to London for interviews. The company courting them was fake. Its website was fake. There were no jobs to be had, and the woman who set up the interviews was not a recruiter but an agent working for an Israeli private investigative firm.
This was not an episode of “Homeland” or the latest “Mission: Impossible” installment. Interviews and court papers show that these deceptions were part of a sophisticated and expensive investigative operation. The objective, according to one filing, was to gather proprietary information held by the hedge fund. The agent worked for Black Cube.”
Every single jurisdiction in the United States declares in its legal ethics rules, usually in the rule about misconduct, 8.4 (bolding mine):
It is professional misconduct for a lawyer to:
(a) Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;
…
(c) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation…
How much clearer can it be? It is unethical for a lawyer to employ someone or an organization that he or she knows routinely and reliably engages in “dishonesty, fraud, deceit, or misrepresentation.” Yet that’s the only reason anyone hires Black Cube. Conclusion: Boies breached a major ethics requirement, perhaps the most serious one there is. And why? Because a client paid him to.Continue reading →
(Gotta start teaching the Massachusetts Rules of Professional Conduct in an hour, so this has to be quick. Sorry!)
1 Apparently Breitbart, aka Steve Bannon, has sent two investigative reporters to Alabama to discredit the stories of the four women who say Roy Moore courted them when they were in braces and poodle skirts. See, ethical news sources would be doing what we call “finding out if there’s anything the Washington Post missed.” Breitbart is trying to dig up dirt on four women who just responded to the Washington Post reporters’ questions. How do we know this? Well, 1) the untrustworthy hard-right website has been defending Moore and attacking the Post since the story broke; 2) it is appealing to its core group, made up of alt-right creeps and, you know, morons, by saying this is what they are doing; 3) it has already filed a story claiming that the ex-14-year-old who says 32-year-old Moore fondled her was contradicted in some aspects of her story by her mother. Then there’s 4), which is that the site is so slimy it makes eels gag.
Oh…Ann Coulter tweeted yesterday that it doesn’t matter if Moore is a theocrat, it doesn’t matter if the man who calls gays sub-human perverts is, in fact, a pervert himself; it doesn’t matter that he was kicked off the bench twice as a judge for ignoring the law….what matters is that he’ll vote for Trump’s wall in the Senate. Get help, Ann.
2. On the other end of the ideological divide where it is just as scary, Media Matters is promoting a sponsor boycott of Sean Hannity to drive the conservative pundit off the air as punishment for saying nice things about Moore. It has already bullied coffee-machiine maker Keurig into pulling its ads, and that has prompted, in turn, a call by Hannity to boycott Keurig. Continue reading →
1 Yesterday there was a fascinating articleon how the famous opening chord of “A Hard Day’s Night” was (perhaps) made. I have been meaning to make a comment about the new Sirius-XM Beatles Channel, which I had occasion to listen to for many hours while being trapped in traffic jams and construction driving back and forth to Virginia Beach and Richmond, and this is a good time to post it.
I have been getting lousy, dishonest, bait-and-switch service and products with such regularity lately, ranging from an investment firm that couldn’t send the proper forms to give me access to my own money, to Verizon, which has been giving me a six-month runaround while its slooooow WiFi breaks down for days, to Progresso soup, which either decided to put what looks and feels like ground up chicken bones in its vegetable soup, or just the can I bought, that I had despaired of again seeing anything approaching excellence for the sake of excellence from a U.S. business until I returned to Disneyland or Fenway Park. The Beatles Channel makes the grade. It isn’t just the songs, which would have made the channel a hit all by themselves. Sirius-XM includes scholarship, history, musicology, rare recordings, interviews, celebrity and non-celebrity disc jockeys and cultural analysis, around the clock, with new programming every day. I’ve sat through college courses that were less thorough, and too many courses to count, in both college and graduate school, that were less informative and valuable. There are some things worth paying for, and products that are better than you expected!
2. The New York Times headline after a hard day’s night for the GOP in Virginia and New Jersey: DEMOCRATS SCORE TWO BIG VICTORIES IN TRUMP REBUKE.
I’m sure it was the koi.
This is flagrant spin and distortion, and unethical journalism. The New York Times should just put “You hate the President, you know you do” on the banner. The Times didn’t call last November’s across the board rejection of Democrats in state house races and Congress an “Obama rebuke,” though it was, and the results in Virginia and New Jersey cannot be fairly pinned on Trump. The two state governors races went pretty much as everyone assumed they would months ago. New Jersey’s result, from a very Democratic state, was a predictable rejection of its spectacularly failed and detested Republican governor, and Virginia’s election of a moderate Democrat over a Republican who tried to both reject Trump while trying to hitch-hike on some of his better positions was predictable as well.
I would also guess that the Donna Brazile revelations about the Democratic Party’s corruption is not on typical voter’s radar, so the wave of self-hating Democrats staying home that some predicted did not materialize. The Texas shooting, however, probably activated the always vigorous “The Constitution be damned, think of the children!” knee-jerk progressive block to go to the polls.
By now the Times’ routine propaganda tricks are no surprise, but the practice of attaching editorial comments connoting negative implications for the President is neither fair nor objective. But then, the news media knows this: it is attempting a coup by poisoning public opinion. This is the major ethics story—and ethics crisis—in the nation today, and has been so for a year.
3. Now a compliment to the New York Times. Finally, someone wrote an relatively honest article regarding the causes of mass shootings in the U.S. “What Explains U.S. Mass Shootings? International Comparisons Suggest an Answer” is the online version; the print edition headline is “Only One Thing Explains Mass Shootings In The United States.” Both headlines are misleading—the Times has a headline problem—but the article’s main point is correct: “The only variable that can explain the high rate of mass shootings in America is its astronomical number of guns.”
Not inadequate laws. Not enforcement. Not crazy people. Not crime. Not the NRA.
Just lots of guns.
Thank you.
The Times also correctly hints at—it could have and should have done more than hint—why we have more guns than any other country:
In the process of making a comparison between the US and Switzerland, which as the country with second highest gun ownership rate has far fewer shootings (Fun Facts! Switzerland, like Australia, isn’t the United States, and the Swiss, like Australians, are not like Americans), the Times notes,
“Swiss gun laws are more stringent, setting a higher bar for securing and keeping a license, for selling guns and for the types of guns that can be owned. Such laws reflect more than just tighter restrictions. They imply a different way of thinking about guns, as something that citizens must affirmatively earn the right to own.”
Translation: The United States protects and guarantees the inherent human right to self-defense and autonomy, and Switzerland doesn’t. In the U.S., the wise Founders, government doesn’t have to grant you the right to own a gun; you already have it. Or in other words, Switzerland isn’t the United States. (See above.) God bless America.
The Times continues under the heading “The Difference is Culture”:
“The United States is one of only three countries, along with Mexico and Guatemala, that begin with the opposite assumption: that people have an inherent right to own guns.The main reason American regulation of gun ownership is so weak may be the fact that the trade-offs are simply given a different weight in the United States than they are anywhere else.”
“May be”? That’s exactly why Swiss-style “regulation”—as in “We tell you if you can own a gun and what kind of gun you ‘need., Citizen!”—isn’t an option in the U.S. The Constitution also gives the right to speech a different “weight” than other cultures do, and the amount of certainty required to send someone to prison, and when the police can search your home, and many other examples where this nation and this culture insists that individuals and individual rights come first, not government power. The fact that the United States accepts the costs of individual liberty is what makes it the United States.
There are so many guns in the U.S. because Americans like guns, and in this country, people generally can make and get what they like. They should like guns: the United States,more than others, owes its existence to guns. Our most popular entertainment involves guns. Most of all, the #2 mandate in the Bill of Rights guarantees that every citizen begins life with the right to own guns.
Mass shootings are a side effect of the Second Amendment and the core individual right to be armed. The only way to reduce such shootings is to eliminate that right and confiscate guns. Either the currently vocal anti-gun zealots understand this and are lying, or they don’t, and are ignorant.
[The National Review has some legitimate criticism of the Times data analysis, but it doesn’t affect the validity of the Times general conclusion.]
4. Here’s the depressing ethics note of the day, or perhaps the year. On the first day of jury deliberations at the bribery trial of Senator Robert Menendez, a juror asked the judge a basic question: “What is a Senator?”
I guess a necessary voir dire question or two was omitted by the lawyers .
Ethics Alarms 