Contest Entry For Most Unethical Column, Post Or Essay About The Ferguson Ethics Train Wreck: Vanity Fair and W. Kamau Bell

Large, male, black...also irresponsible and dishonest.

Large, male, black…also irresponsible and dishonest.

My nominee for the contest: Vanity Fair’s “On Being a Black Male, Six Feet Four Inches Tall, in America in 2014” by comedian W. Kamau Bell.

Maybe Bell thinks the extra face-time on cable news this despicably deceitful essay gets him does enough for his career to justify adding to the false narrative about the Michael Brown shooting.  It isn’t. Nor is it worth the ignorance, hatred and fear he is sowing by intentionally misrepresenting what happened to Mike Brown as simply the natural consequence of his race, gender and size. Conduct had a lot to do with it too.

The article is really sinister, repeatedly comparing the author, who is about the same height as Brown was, to the slain teen, implying but never quite saying that Brown was killed simply because he was, in the author’s words, black, male, and large. Here’s a typical passage:

“I am afraid of the cops. Absolutely petrified of the cops. Now understand, I’ve never been arrested or held for questioning. I’ve never been told that I “fit the description.” But that doesn’t change a thing. I am afraid of cops the way that spiders are afraid of boots. You’re walking along, minding your own business, and SQUISH! You are dead.  Simply put, I am afraid of the cops because I am black. To raise the stakes even further, I am male. And to go all in on this pot of fear, I am six foot four, and weigh 250 pounds. Michael Brown, the unarmed Missouri 18-year-old shot dead by police this summer, was also six foot four. Depending on your perspective, I could be described as a “gentle giant,” the way that teachers described  Brown. Or I could be described as a “demon,” the way that Officer Darren Wilson described Michael Brown in his grand-jury testimony.”

He doesn’t exactly say that Brown was “walking along, minding his own business,” but that’s his intent, and he knows that’s what thousands have chosen to believe. He says that he, like Brown, could be described as a “gentle giant,’ but omits the detail that Brown was obviously not accurately described as “gentle.” If he were gentle, he would be alive. He also, being intentionally misleading, fails to mention that Wilson described Brown as looking like demon when the teen was attacking him.

Michael Brown wasn’t shot because he was large, black and male. He was shot because he attacked a police officer, twice, and because his size made that attack more legitimately threatening.  Because of his size and what he was doing with it, no reference to Brown’s color is necessary or relevant.

Bell’s perceptions of white reactions to a law-abiding, civil citizen because he happens to be a large black male  have added some useful perspective  to the national discussion of racial bias and police conduct, had he not chosen the path of using the topic to insinuate an innocent victim’s status for Michael Brown that does not comport with facts, slanders Darren Wilson, and fans the flames of ignorance and hate.

No responsible publication should publish something like this.

 

Deval Patrick’s Indefensible, Terrifying Admission

Welcome to my nightmare...

Welcome to my nightmare…

It is 4:30 AM. I can’t sleep, and among the reasons are not, as you might think, the fact that my father died five years ago today and I miss him terribly, or that this is my birthday, and I am that much closer to my own death. No, the cause for my tossing in bed is that I read  Massachusetts Governor Deval Patrick’s comments on “Meet the Press” about the Michael Brown shooting (yes, those eleven Ferguson posts still weren’t enough) just before retiring, and they have been giving me nightmares.

What Patrick’s remarks suggest to me  is that this incident is quite literally driving Democrats, civil rights activists and African-Americans crazy, causing them to lose their grip on basic principles of ethics and democracy. Here is what Patrick said, in part, in his interview with Chuck Todd, who, incompetently, did not ask properly probing questions in response (falling over in a dead faint would have also been appropriate):

“Look, without knowing all the facts, of course I wanted to see an indictment. And mostly because I think a trial and the transparency of a trial would be good for the community. And because so many of us have the supposition that police officers are not going to be held accountable and not going to have to answer for the shooting of unarmed, young, black teenagers.”

I challenge any civil libertarian to defend this statement. Continue reading →

Eleven Ferguson Ethics Posts In One!

APTOPIX Police Shooting Missouri

There are too many ethics topics for me to cover adequately as it is. This is frustrating. That the Ferguson Ethics Train Wreck is generating ethics issues on a daily, even hourly basis creates a professional dilemma for me. I don’t want to appear obsessed with this mess; I’m not. I am really quite sick of it, and sick as well—and depressed—by the relentless stream of emotional, incompetent, and toxic opinions issuing from the news media, well-meaning but ignorant friends, and in some cases, professionals who appear overwhelmed by confirmation bias. One of my father’s favorite lines was “My mind’s made up, don’t confuse me with facts,” and I doubt that I have ever seen commentary on an event so dominated by that state of mind. Except, perhaps, the Trayvon Martin-George Zimmerman fiasco.

Allow me, then, to indulge in this compromise, while I wait for the entries in the Ethics Alarm contest to find the most unethical article, essay or blog post about Ferguson. Here are eleven points about the current Ethics Train Wreck that I would devote full posts to if I had the time and we lived in a Hell where Ferguson was the only thing going on. I may write full posts on a few of them yet, but meanwhile, here are shorter summaries that I hope you can use to enlighten some of your friends, relatives and associates afflicted with jerking knees….

1. We keep hearing that Officer Wilson is suspect and not credible because he expresses no remorse, and seems “cold.” This attitude projects the critics’ unjustified conclusions onto Brown, who doesn’t share them and shouldn’t. Why don’t interviewers point this out? If Brown was killed in self-defense, prompted by his own threats to the officer, Wilson shouldn’t be remorseful. Remorse means “deep regret or guilt for a wrong committed.” Wilson only did wrong if he shouldn’t have shot Brown, which is the assumption—an evidence-free assumption—of those who want him tried for murder. As for “cold”: Wilson’s whole life has been turned upside-down because a community and a substantial part of the nation have decided to make him pay the price for insensitive and poorly run police departments over decades and across the country. People are calling him a murderer based on political agendas. He’s supposed to respond to that warmly?

2. On ABC this morning, Jelani Cobb, a professor of African-American studies—and boy, are we learning a lot about the racist biases of that area of scholarship lately—pronounced the testimony of Wilson “fantastical” based on this statement: Continue reading →

Ray Rice’s Indefinite Suspension By The NFL Has Been Overruled On Appeal. GOOD!

You have to be fair to bad guys too, you see.

Ray Rice and sparring partner.

Ray Rice and sparring partner.

If you will recall, the NFL levied a paltry two game suspension on Baltimore Raven’s star last summer, following his guilty plea for knocking his then fiancée, now wife, colder than a mackerel with a punch in her face. Then security camera video of the punch, in a casino elevator, ended up on TMZ in September, and public outrage against the NFL’s casual approach to domestic violence became a public relations crisis for pro football, which has too many already.

In response, Commissioner Roger Goodell ordered a do-over, this time suspending the player indefinitely while Rice’s team, the Ravens, fired him. The NFL’s risible claim was that while Rice had admitted that he hit the love of his life so hard that he rendered her unconscious, they never suspected that he really, really hit her until they saw the video.

As I wrote at the time:

Sports stars who engage in criminal behavior should be penalized heavily by their teams and leagues, to leave no question about their special status as paid heroes and pop culture role models and their obligations to honor that status. Rice’s conduct was especially significant, given the prevalence of domestic abuse in this country. The NFL, however, had its shot, made its statement, disgraced itself and let him get off easy. Rice hasn’t done anything since then worthy of punishment. The league and Rice’s team should have to live with their initial decisions, no matter how much criticism they received for them. The overly lenient punishment should stand as symbolizing how outrageously tolerant society, and especially male dominated cultures like pro football, are of this deadly conduct. Treating the video as if it constituted new evidence of something worse is unfair and ridiculous: yes, you morons, this is what domestic abuse looks like!

Rice [I originally said “Peterson” here, getting my violent NFL players mixed up] appealed through the player’s union, and yesterday a judge agreed with him, the union, and me, writing:

“In this arbitration, the NFL argues that Commissioner Goodell was misled when he disciplined Rice the first time. Because, after careful consideration of all of the evidence, I am not persuaded that Rice lied to, or misled, the NFL at his June interview, I find that the indefinite suspension was an abuse of discretion and must be vacated…I find that the NFLPA carried its burden of showing that Rice did not mislead the Commissioner at the June 16th meeting, and therefore, that the imposition of a second suspension based on the same incident and the same known facts about the incident, was arbitrary…The Commissioner needed to be fair and consistent in his imposition of discipline….Moreover, any failure on the part of the League to understand the level of violence was not due to Rice’s description of the event but to the inadequacy of words to convey the seriousness of domestic violence. That the League did not realize the severity of the conduct without a visual record also speaks to their admitted failure in the past to sanction this type of conduct more severely.”

Yup. That just about covers it.

I think it’s overwhelmingly likely that the NFL’s lawyers advised the league that this would be the end result if they tried to punish Rice for the same act twice. The NFL decided that it was worth it to abuse its power and look like it was trying to end Rice’s career so after a successful appeal, it could say, “Well, we tried to do the right thing, and that mean old judge wouldn’t let us! Don’t blame us.”

Anyone who falls for that act is a fool. The real lesson of this ugly sequence is that the NFL’s culture doesn’t recognize right and wrong, or care about either. It’s only concern is TV ratings,  marketing and profits.

 

Incomprehensible Ethics Quote Of The Month: Rep. Charles Rangel (D-NY)

Rangel

“I always try to find something good that comes out of conflicts like this, and perhaps people realize that this is not a Ferguson problem at all; it’s a problem around the country. And as long as people feel awkward and embarrassed in talking about the racism that exists, we can never, never, never attack it…The indifference of the patrol officer’s an indication that good people ought to say that you should be sorry when you take anybody’s life. It’s not just the question of what you thought of whether you were afraid…. his total indifference just polarized that community, and I only wish that — that they had not vented themselves in a violent way and taken advantage of people coming together, white and black, and saying that you should at least be able to say you made a hell of a big mistake at least.”

—–Rep. Charles Rangel (D-NY), wandering confused in the ethics wilderness while discussing the Ferguson mess on MSNBC.

I supposed we should expect Rep. Rangel to be completely muddled when it comes to ethics, given his own history. Still, seldom have I seen such a dog’s breakfast of responsible sentiments and ethics ignorance in the same set of comments:

  • Congratulations are due to Rangel for admitting that this Ethics Train Wreck unfairly settled in Ferguson, which is being made to suffer disproportionately for the conduct of many communities and elected officials across the country, as well as the political opportunism of civil rights activists.
  • However, public officials have an obligation to be clear. What “racism that exists,” exactly? Anywhere in the U.S.? Absolutely: let’s talk about it. In the shooting of Brown? No racism is in evidence at all: if that’s what Rangel is referring to, and many will assume its is, the statement is irresponsible. Was he talking about the grand jury decision, which was the context of the interview? Prove it, Charlie. Otherwise, stop planting distrust with a population that is paranoid already.
  • Michael Brown’s actions, from Wilson’s point of view, forced him into a situation that has resulted in his career being ruined and life being permanently marred….and Rangel thinks Wilson should apologize? This is completely backward. Wilson owes no apologies to Brown, and certainly none to Brown’s parents, who have been carrying on a vendetta against him, calling him a murderer while expressing no acknowledgment that the son they raised had any responsibility for the confrontation that took his life. If anyone owes anybody an apology, it the parents who owe Wilson. Rangel thinks Wilson should apologize for trying to do his job, for not letting Brown take his gun, for not letting him resist arrest, for not letting himself be attacked, and that is ridiculous.

Continue reading →

Ethics Alarms Contest: Pick The Most Unethical Column, Post Or Essay About The Ferguson Ethics Train Wreck

Stock up!

Stock up!

I realized that I needed to hold a contest after I heard two CNN experts discuss the relevance of Michael Brown’s marijuana use to the grand jury deliberations. One of them concluded that this was “disrespectful to Brown’s parents.” Of course, ensuring that grand jury proceedings embody proper respect for a victim’s parents, the accused’s parents, or anyone’s parents is not a legitimate concern for a prosecutor or a grand jury: the commentary was utter, incompetent, irresponsible, misleading and sentimental nonsense.

We are now being barraged by nonsense and worse as ideological pundits, journalists and bloggers desperately try to construct an argument that the decision not to indict Darren Wilson for murder was a blatant miscarriage of justice, proof of a rotten criminal justice system and persistent white racism. I don’t have either the time or the resistant vomit reflex to examine all of them, so let’s try to find the very worst through collective action.

Make your submission to this thread, and include a link, the source, the author, a representative quote, the ethical breaches you detect, which are likely to be from the group including honesty, fairness, responsibility, competence, and independent judgment. The only restriction is that posts from “The Daily Kos” and “Chimpmania” are not eligible for submission. I have seen a few awful posts from supporters of the grand jury’s decisions: send them in as well.

I’m almost afraid to see what we will end up with. For my first submissions, I offer two: Continue reading →

It Appears Likely That Michael Brown Did NOT Have His Hands Up When He Was Shot… Now What?

hands up

How does the culture, the news media, the civil rights  industry, and politicians determined to benefit by making African-Americans suspicious, paranoid, racist and, of course, lifetime Democrats, make amends for this? How do they undo the damage to mutual trust and American society?

Obviously they don’t. They don’t even try. In fact, all indications are that they will refuse to acknowledge that the entire, national effort to portray the tragic confrontation between Michael Brown and Officer Wilson as a race-triggered execution was based on a lie that was presumed to be accurate despite much reason to doubt it.

The original claim that Brown was shot and killed after putting his hands in the air came from his friend and partner in crime, Dorian Johnson. Johnson, who already had a record of lying to police, was with Brown prior to the August 9 confrontation, and had joined him in the petty robbery that occurred just before Brown’s arrest. In his TV interviews  after the shooting, Johnson said that Wilson shot Brown in the back, causing him to turn around with his hands up, pleading, ‘I don’t have a gun, stop shooting!’ Before the grand jury, Johnson, who admitted that he hid during the incident and later ran home to change clothes so he wouldn’t be identified, even elaborated and provided minute details to his fabrication, stating under oath that the shot in his back caused Brown’s body to “do like a jerking movement, not to where it looked like he got hit in his back, but I knew, it maybe could have grazed him, but he definitely made a jerking movement.” The forensic evidence showed that Brown was not shot in the back. Continue reading →

Perfect Timing: The Tamir Rice Shooting

The boy and his toy.

The boy and his toy.

Unluckily for poor Tamir Rice, Cleveland, its police Department and Officer Timothy Loehmann, but luckily for the race-hucksters, activists and anti-police zealots determined to sell the position that white police have a secret hunting license for black kids, we have this latest tragedy, with another unarmed black child, this one just 12-years-old, killed by police.

Although it will doubtlessly not be portrayed that way in the media, there were many contributing factors to Tamir’s death. He was carrying a realistic pellet gun revolver in a park, and this is not a good idea. The guns are very realistic, especially from a distance. An observer called in a 911 alarm…I suppose the citizen can’t be blamed for being cautious, but in an earlier age, when toy guns looked like toy guns and the idea of a kid shooting anyone for real was unimaginable, this would have never happened.

Incredibly, the dispatcher didn’t relay to the officers the information from the caller that the gun was “probably fake.” The police excuse for that obviously crucial mistake was “We need to get that information to that zone car.”  Get the information that someone is wielding a real gun when there is already reason to believe it might be fake? There is never a need to get bad and potentially deadly information out fast. If nothing else, this is negligence, and would fuel a powerful lawsuit.

Then the officers arrived, encountered the kid, and apparently shot him dead without using a megaphone to warn the boy to drop his pellet gun. Not only did they assume the gun was real, thanks to the incomplete dispatcher report, but the shooting officer was a rookie. Would a more experienced cop have kept a cooler head? Continue reading →

Unethical Quote Of The Week: Attorney General Eric Holder

“While the grand jury proceeding in St. Louis County has concluded, the Justice Department’s investigation into the shooting of Michael Brown remains ongoing.  Though we have shared information with local prosecutors during the course of our investigation, the federal inquiry has been independent of the local one from the start, and remains so now.  Even at this mature stage of the investigation, we have avoided prejudging any of the evidence.  And although federal civil rights law imposes a high legal bar in these types of cases, we have resisted forming premature conclusions.”

—-Attorney General Eric Holder’s official statement following the announcement that the grand jury would not be handing down an indictment against Michale Brown’s shooter, Officer Wilson.

Sure, why change now?

Sure, why change now?

Why is this statement so unethical? There are three reasons.

1. The positioning of this statement, at the very beginning of the whole release, suggests and is meant to suggest that Holder and the Justice Department are in sympathy with those who believe that Wilson should be prosecuted. It translates into “Don’t despair! There is still hope! Your black Attorney General is doing all he can to get this racist cop and avenge Mike Brown!” for many who read or heard it, and that was the intent.

2. This is misrepresentation, essentially a lie, designed to mislead. No legal experts believe that there is any chance that the Justice Department will find probable cause to make a civil rights case against Wilson, and Holder is too good a lawyer—or once was—not to know that.  The bar is too high, and the evidence isn’t there, just as it wasn’t there in the equally futile civil rights investigation against George Zimmerman. Most, if not all, of those determined to see Wilson punished don’t comprehend what the investigation of the shooting by Justice signifies, and think it is just a separate chance to get him on trial for murder. Holder, again intentionally, did nothing to enlighten them.

3. To the extent that anyone does believe that the Justice investigation holds out hope of an indictment against Wilson, Holder is setting Brown’s supporters up for a second disappointment, and conceivably setting up Ferguson and the nation for a second round of rioting when the inevitable bad news comes down. Good plan.

What an ethics disaster and a national disgrace Eric Holder has been as Attorney General. And he is clearly determined to be both until the day he walks out of Justice for good….and I do mean “for good.”

 

Verdict: The Grand Jury Process Was Fair and Just

abstract door grand jury room

The accusations and complaints about the Darren Wilson grand jury just don’t hold up.

Criminal law professor Paul Cassell consolidates several issues raised in the comments here and in the news media in his excellent analysis in the Volokh Conspiracy, here.

Among the criticisms he addresses…

1. Using a Grand Jury Deviated from Normal Process.
2. The Grand Jury Took Too Long.
3. The Grand Jury Got Too Much Evidence.
4. The Grand Jury Operated in Secret.
5. The Grand Jury Was Exposed to Pressure.
6. The Grand Jury Did Something That Grand Juries Ordinarily Don’t Do.
7. The Grand Jury Misunderstood the Standard of Proof.
8. Robert McCulloch was Biased and Should Have Recused Himself.
9. The Grand Jury Evidence Shouldn’t Be Released.

He also echoes my conclusion about many of the protesters, as he ends his piece with this: Continue reading →