Ethics Quotes

Unethical Quote Of The Week: Baltimore Activist Rev. Wesley West, From The Freddie Gray Ethics Train Wreck

/ Jack Marshall / 6 Comments

Train Wreck

“I’m angry because this is what we deal with, and when I say ‘we,’ we’re talking about the black community and I’m a part of and represent that community as well, it seems like we have no voice when it comes to these issues. When it comes to conversations like this, we’re not involved. This should have been a jury trial where the community had a voice in this case. Of course a system works in a system’s favor, that’s how I look at it. That judge represents the system, and the police officer represents a system, but they’re all one system working together. And again I don’t think case was actually tried fairly when it comes down the community being involved.”

—-Baltimore activist Reverend Wesley West, quoted by CBS news, in the wake of Freddie Gray’s arresting officer, Edward Nero, being found not guilty today of all charges brought against him as a result of Grey’s death following his arrest in April of 2015

The Freddie Grey Ethics Train Wreck, a bi-product of the Ferguson Ethics Train Wreck which was a direct result of the Trayvon Martin-George Zimmerman Ethics Train Wreck, is still rolling, in case you wondered.

This is the second trial of the accused officers to support the conclusion by many independent analysts that charges were brought against six Baltimore officers in the tragedy without sufficient evidence or investigation, in order to quell social unrest and mollify African American activists like West. That made the charges, by City Attorney Marilyn Mosby—whose husband just happened to be preparing a run for mayor, a coincidence, of course— unethical, and a capitulation to government by mob.

West is impugning the justice system despite knowing nothing of the evidence presented or what happened in the events leading to Gray’s death. His contention that “the community” should have a say in a police officer’s guilt or innocence is a direct appeal to mob justice. His statement is also factually false, especially in this instance. The community had far too much influence in the prosecution of Nero and the other officers already, using violence and the threat of more violence to extort the city. Continue reading →

Ethics Hero, If A Bit Late To The Party: Maryland Attorney General Brian Frosh

/ Jack Marshall / 8 Comments

Horrified by this story in the Washington Post and others like it,  Maryland Attorney General Brian Frosh has filed suit against Access Funding and other viatical settlement companies, asserting that they take advantage of vulnerable victims of lead poisoning by purchasing their structured settlements at less than fair-market value.

Gee, ya think?

I have written about this many times and in other forums, and even been threatened by a few the despicable companies (“It’s your money!”…”I have a structured settlement and I need cash now!”) in this cruel and predatory industry. 

Few in the general public know about it or understand what’s going on. Structured settlement are annuities bought by insurance companies to ensure a regular flow of compensatory damages to personal injury and medical malpractice plaintiffs to cover their medical costs and living expenses. The settlements aren’t given out in lump sums because many such plaintiffs are poor and have no experience handling money. A large payment of millions of dollars guarantees that needy family members and friends will beg, plead for and demand loans and hand-outs, while the recipients themselves are tempted to buy luxuries they have long dreamed about with funds intended to cover lifetime cancer treatments.

As I wrote in a post almost seven years ago…

Once they are on their own, however, the compensated victims are targeted by viatical settlement companies, both those with cute opera-singing commercials and those without. They undermine the sound advice of the attorneys with slogans like “It’s your money!” and try to persuade the former plaintiffs to unstructure the structured settlement by selling the annuity’s income stream to the viatical settlement company at a deep discount. Result: the annuity company gets the regular income at bargain rates, and the victims get a new, smaller lump sum to dissipate in exchange. The statistics say that the customer of the viatical settlement company will run out of cash long before he or she runs out of the need for it. But for the company, it’s a sweet deal.

Continue reading →

Ethics Quote Of The Day: Slate’s Dahlia Lithwick

/ Jack Marshall / 35 Comments

“Whether or not the alleged institutional abuses are ultimately proven, the reality is this: A severely ill young man wasted away, smeared in his own feces, under the watchful eyes of multiple health care workers, corrections staff, and other inmates. His death will force no accountability and will bring about no change. The illness from which Jamycheal Mitchell suffered could have been better managed through medication, proper treatment, and simple respect. The illness that allows the rest of us to jail great masses of dangerously sick people and mistreat them until they die? It is increasingly seeming to be untreatable and incurable.”

—-Slate’s legal pundit Dahlia Lithwick, writing about the case of 24-year-old Jamycheal Mitchell, who was found dead in his cell at Hampton Roads (Virginia) Regional Jail in Virginia.

Jamycheal Mitchell: Almost nobody thinks his life mattered.

Jamycheal Mitchell: Almost nobody thinks his life mattered.

There is a $60 million lawsuit being filed by Jamycheal Mitchell’s family over his death as a result of an astounding combination of incompetence and negligence. Mitchell suffered from schizophrenia and a bipolar disorder, and was arrested four months prior to his death for stealing a can of Mountain Dew, a Snickers bar, and a Zebra Cake from a 7-Eleven.  He was allowed to waive counsel despite his mental and emotional impairments, and bail was set at $3,000  for stealing less than five dollars worth of junk food. A judge twice ordered him moved to a state mental health hospital, but no beds were available, so he was allowed to languish, and starve to death, in jail.

The videotape of his last days in prison were also erased forever, because, officials say, they didn’t show anything irregular. I was asked if this qualified as spoliation, the intentional and illegal destruction of evidence when a court proceeding is looming or and investigation is underway. No, because spoliation can only take place when a legal proceeding is inevitable or in process, and also because government institutions are remarkably unlikely to ever be held to account for the practice. This was not technically spoliation, because there was no legal proceeding yet, though one could have been predicted by an idiot. Similarly, Hillary Clinton destroying 0ver 30,000 supposedly “purely personal” emails  before they could be demanded by a Senate Committee (and hearings are not legal proceeding) were not technically spoliation. Ethically, it is a distinction without a difference.

Continue reading →

Ethics Quote Of The Day: George Will

/ Jack Marshall / 36 Comments

trump-salute

“Ted Cruz’s announcement of his preferred running mate has enhanced the nomination process by giving voters pertinent information. They already know the only important thing about Trump’s choice: His running mate will be unqualified for high office because he or she will think Trump is qualified.”

—-Conservative columnist George Will, in a piece nicely consistent with the Ethics Alarms position that the Republican Party’s ethical duty is to refuse to nominate Donald Trump, whatever the cost.

Will’s observation is concise, logical, and absolutely true. Nothing I can add will improve on it.

Unethical Quote Of The Week: President Obama

/ Jack Marshall / 24 Comments

Safe Airlane

“Today, I want to update you on some important progress we’ve made to protect our communities from gun violence. As I said in January, these commonsense steps are not going to prevent every tragedy, but what if they prevented even one? We should be doing everything we can to save lives and spare families the pain and unimaginable loss too many Americans have endured.”

—- President Barack Obama, announcing new measures that his administration will pursue to help curb gun violence.

This is at least the second time, related to gun deaths, that President Obama has invoked the logically, practically, philosophically and ethically absurd “if only one life is saved” argument. President Obama isn’t as smart as his blindly loyal supporters think he is, and definitely not as smart as he thinks he is, but he must be smarter than that.

Yet he uses this ridiculous logic anyway. In Obama’s defense, his entire, nauseatingly inept administration has been rationalized on this basis, so it is a mindset that may be set in cement. Obamacare has allowed some Americans to get insurance that they desperately needed, so, the flawed logic goes, the fact that the legislation has also divided the country, caused millions to lose health care plans that they were satisfied with in favor of new plans they can’t afford, caused rates to skyrocket, suppressed hiring and done nothing to lower health care costs doesn’t alter the official conclusion that the policy is a success.

It isn’t just that the ends justify the means; the theory is that a single designated positive result justifies not only the means but other negative results too. True, prematurely withdrawing from Iraq caused the country to collapse and Isis to run amuck, but the United States withdrew, and that’s enough. Yes, the Education Department’s “Dear Colleague Letter” has caused male students to be unjustly tarred with unproved rape accusations, been the target of false charges and have had their educations disrupted without sufficient evidence or due process, but as long as some female sexual assault victims receive fair attention to their complaints that would not have occurred before, this gender-based persecution is acceptable collateral damage. Sure, Obama’s refusal to acknowledge that radical Islam is a terrorist threat have allowed irresponsible immigration and migrant policies to continue despite their existential risks, but what matters is that some, many–just one!—peaceful, law-abiding Muslims not be the victims of bigotry, fear and hate.

Obama’s latest “just one is enough” assertion is a direct call to the most naive, least aware and most cognitively impaired among us. If saving just one life were enough, then automobiles should be made of soft plastic and travel no more than a few miles an hour. Requiring airlines to use only airplanes that don’t fly, like the one pictured above, would surely save at least one life. Ships and boats never launched on water are very safe. Continue reading →

Ethics Hero: Dallas District Attorney Craig Watkins

/ Jack Marshall / 21 Comments
Craig Watkins, a D.A. who understands his ethical priorities.

Craig Watkins, a D.A. who understands his ethical priorities.

In Law School, I had the honor of being instructed in the superb Georgetown Law Center Criminal Justice Clinic, by far the single best course of any kind I participated in at any level of my formal education. Our mentor in prosecutor ethics was Seymour Glanzer, the man who, as an Assistant U.S. Attorney, cut the deal with Nixon’s White House Counsel John Dean that cracked open the Watergate scandal.

Sy had one mantra he repeated to the clinic students often, trying the beat it into our heads forever: the prosecutor must be the center of justice and ethics for the criminal system. Defense attorneys have to defend the accused whether they are guilty or not, but prosecutors are charged with achieving justice, not convictions. “If you don’t have sufficient legal and reliable evidence to convict a defendant of a crime, or have any doubts about that client’s guilt, drop the case,” he told us.

His principles do not hold sway among many, perhaps even most prosecutors, to the shame of the criminal justice system. Too many see their duty as convicting as many accused as possible, putting the law-abiding public at ease by closing cases and filling prisons. Over-zealousness, sometimes to the extremes of withholding exculpatory evidence from defense attorneys while placing questionable eye-witnesses and unreliable experts on the stand under oath, is rampant in district attorney offices across the country.

The worst of the worst may have been Dallas. Vanessa Potkin, chief counsel of The Innocence Project at Cardozo Law School, argues that “no other county in the country beats Dallas. It’s a county that beats out most states in the country.”

It’s an indication of a system that needs reform, she says, with  “staggering numbers of the innocent put in prison.” That is why the recent steps taken by new Dallas District Attorney Craig Watkins are so important, and so necessary. Continue reading →

Unethical Quote Of The Week: Chelsea Clinton

/ Jack Marshall / 20 Comments
NEW YORK, NY - APRIL 17: Chelsea Clinton speaks at the Clinton Foundation's No Ceilings: The Full Participation Project at the Lower Eastside Girls Club on April 17, 2014 in New York City. Sharing the stage with her mother Secretary Hillary Rodham Clinton, the project is the first in a series of live and virtual dialogues designed to hear directly from girls and women, men and boys about their hopes and fears for the future. The event, which took live questions from schools around the country, is working to advance progress for women and girls around the world. (Photo by Spencer Platt/Getty Images)

(Of note: The Clintons are now the first family with three members having one or more “Unethical Quotes” on Ethics Alarms)

“It matters to me that my mom also recognizes the role the Supreme Court has when it comes to gun control. With Justice Scalia on the bench, one of the few areas where the Court actually had an inconsistent record relates to gun control. Sometimes the court upheld local and state gun control measures as being compliant with the Second Amendment and sometimes the court struck them down.  So if you listen to Moms Demand Action and the Brady Campaign and the major efforts pushing for smart, sensible and enforceable gun control across our country — in disclosure, have endorsed my mom — they say they believe the next time the Court rules on gun control, it will make a definitive ruling.  So it matters to me that my mom’s the only person running for President who not only makes that connection but also has a strong record on gun control and standing up to the NRA. This is one of those issues I didn’t know I could care more about until I became a mother. And I think every day about the Sandy Hook families whose children every day, don’t come home from school. And I can’t even imagine that living horror and tragedy.”

—-Chelsea Clinton, semi-incoherently campaigning for Mom this week.

Law professor Ann Althouse was really irritated by this speech, and posted twice about it. She points out that the Supreme Court in fact does not have an “inconsistent record” on gun control, so this statement is either ignorant or untrue—a tough call, since it’s Chelsea, and there is no reason to believe that she knows what she’s talking about, and she’s also a Clinton, which means that lying is in her DNA.

Althouse notes that the assertion about the Court sometimes upholding local and state gun control measures as Second Amendment compliant  and sometimes striking them down is “flat-out false.” Incompetent, irresponsible, or dishonest? Only Chelsea knows for sure, but “unethical” covers all three. Writes Althouse:

“She’s saying the cases are in disarray and the time is ripe for clearing up the confusion, getting to something “definitive,” but that’s not true. She’s really promoting changing the law that got settled in 2 very high profile, extensively briefed and argued cases that produced carefully thought out opinions. The Second Amendment does require application in particular cases (such as the case from last month, Caetano v. Massachusetts, which said the right included stun guns). So there are details to work out, but things have not been left in a state of confusion or in need of “a definitive ruling.”

Continue reading →

Unethical Quote Of The Week: NY1 Host Errol Louis

/ Jack Marshall / 9 Comments

“Let me suggest, because some of her strategists have said this kind of quietly, it’s not really a big thing on this campaign trail: a lot of this is sexism. It’s buried so deep that people just say, ‘I don’t trust her, she doesn’t keep her word.’ And then you turn it around and say, ‘What politician does?’”

—-CNN political commentator and NY1 host Errol Louis in response to CNN’s Chris Cuomo’s question regarding Hillary Clinton’s a recent Wall Street Journal/NBC poll that indicated that Clinton had a 56% unfavorable rating even among Democrats.

The T-Rex in "Jurassic Park" was also a female, and I'm sure sexism had a lot to do with everyone not liking her, either...

The T-Rex in “Jurassic Park” was also a female, and I’m sure sexism had a lot to do with everyone not liking her, either…

It must be wonderful for a politician to have an automatic, guilt-inducing, candor-suppressing excuse for every botch, failure, example of misconduct and instance of terrible judgment. You have to pity Richard Nixon, Lyndon Johnson, Robert Dole, George W. Bush, John Kerry, and so many others–when people said they distrusted or disliked them, they had to accept responsibility for it, and conclude that they must be doing something wrong. After all, nobody is prejudiced against white males: when people think they screw up, it’s because they really are incompetent or corrupt. They have to be accountable. How brilliant of the Democrats to hit on this fool-proof—literally—formula: just find black or female standard bearers and all criticism can, and for a lot of journalists will, be attributed to prejudice and bigotry. One has to wonder if Democrats will ever dare to run a Presidential candidate again who doesn’t have this built-in armor.

Without this versatile reality-warping and truth-defying device, I am certain that right and left, including African Americans, would have been howling for Barack Obama’s head long ago, with the news media handing out the torches and pitch forks. The engine for this double-standard is presumed bigotry, unfair but apparently impossible to rebut. Continue reading →

Ethics Quote Of The Week: Secretary of State John Kerry

/ Jack Marshall / 32 Comments

Kerry Hiroshima

“It is a stunning display. It is a gut-wrenching display. It is a reminder of the depth of the obligation every one of us in public life carries … to create and pursue a world free from nuclear weapons.”

—-Secretary of State John Kerry in Japan, as he toured the Hiroshima Peace Memorial and Museum this week before meeting foreign ministers at the G-7 Summit.

I couldn’t quite bring myself to call this an unethical quote, though it is an infuriating one. It is certainly a stupid quote, but we all know John Kerry’s verbal and intellectual deficiencies, and he was indeed in a tough spot. What would have been an appropriate statement to make in this setting, that would not risk insulting his hosts and setting off yet another debate about Hiroshima that would be a distraction from the G-7 Summit’s objectives?

While I agree philosophically with the editors of the Federalist that it would have been more satisfying if Kerry had said that the display was “a reminder of the depth of the obligation every one of us in public life carries to stop extremist regimes like Iran from obtaining nuclear weapons” or perhaps that it was “a reminder of the depth of the obligation every one of us in public life carries to ensure that we are well prepared for the next force that threatens peace,” each carried its own diplomatic and political risks. So would “Sorry you made us do this, but we didn’t bomb ourselves at Pearl Harbor,” which is what I would have been tempted to say. I’m no diplomat, however, as you may have noticed. Continue reading →

Unethical Quote Of The Month—But Awfully Revelatory, If You Have The Integrity To Accept What It Means—California Gov. Jerry Brown

/ Jack Marshall / 25 Comments

0404_NWS_LDN-L-BROWN-DC

“Economically, minimum wages may not make sense. But morally, socially, and politically they make every sense because it binds the community together to make sure parents can take care of their kids.”

—–Governor Jerry Brown on April 4, as he signed into law a phased state-wide increase in the minimum wage to $15 dollars an hour.

As Commentary wrote in reaction to this jaw-dropping admission following an irresponsible act, “Good intentions have always inoculated the left against criticisms of the consequences of their policy preferences.” This has become a culture-wide, self-destructive malady during the Obama administration, led by the President. Lately, Obama has become increasingly open about it, as when the President killed the Keystone pipeline citing climate change concerns while admitting that doing so would have no likely effect on climate change, but most of his “signature policies” are similar. The Iran deal bids fair to leave Israel as a smoldering wasteland, and the Iranian government has gone out of its way to demonstrate that it cannot be trusted while already violating, as even Obama admits, the “spirit” of the deal, but God Bless Obama for trying to restrain its nuclear ambitions.

The Affordable Care Act is failing in virtually every respect, fulfilling most of the dire predictions of its opponents, but this is still an “achievement” because, and it’s true, more Americans are insured than before. Obama’s Education Department’s sincere—I’ve no doubt about it—effort to make women feel supported and safe on college campuses seeded extensive due process abuse and discrimination against male students, and the most-gender divided campus community since the Seventies. His civil rights policies and rhetoric have created the worst racial divide since the early 1960’s. The intentions in all of these cases were, at least arguably, impeccable and admirable, and apparently for committed progressives, it is that, and not that the policies in pursuit of Panglossian goals have been societally disastrous, that matters.

The mass insanity of raising the minimum wage is the apotheosis of this mania. Note that I am trying to attribute the best possible motives with this: I have read many conservative writers who believe that the left knows the policy will be catastrophic economically, but because it will be politically useful in the short-term, they don’t care about the long-range consequences. Admittedly, statements like Brown’s makes this difficult for me not to agree with them, except that it is usually considered stupid to tell voters that what you are doing makes no sense.

To state what should be obvious, if  large minimum wage increases don’t make sense economically, that means they are bad policy, incompetent, and thus unethical. And we know–know—that they do not make sense economically.

Here’s economist Robert Samuelson: Continue reading →