So- called “three strikes” laws are a conservative invention to bind the hands of liberal judges inclined to give too-lenient sentences to repeat offenders because of superfluous factors like a tough childhood. As a result, liberal justices generally detest the device, arguing that it takes the judgment out of judging.
In Borden v. US, a case that asks if a conviction for a violent felony based on recklessness or negligence rather than malice should count as a “strike,” the three bedrock progressives on the U.S. Supreme Court, Justices Breyer, Sotomayor and Kagan, voted predictably, against the application of a “three strikes” law. If all six conservative justices showed similar fealty to their biases, the petitioner, Charles Borden, Jr., would face an enhanced sentence after pleading guilty to possessing a firearm as a convicted felon, because he had three previous convictions for “violent felonies” according to Tennessee. Confounding the Supreme Court politicizers who don’t believe judges are capable of being ethical—which requires putting aside personal biases and loyalties to do the right thing—Justices Clarence Thomas and Neil Gorsuch voted with the liberals. They did so because they were following the letter of the law, and that is the Supreme Court’s job.
In Borden, prosecutors argued for the mandatory 15-year sentence based on three earlier convictions that included on for “reckless assault.” Borden argued that such a conviction was not a “strike’ according to the wording of the law, and in law, words are supposed to matter. His claims were rejected in the lower courts, and Borden was sentenced as a “career-criminal.”
1. And now for something completely stupid…Poe’s Law is getting a workout as The Great Stupid heads into its final stage, and I have to discipline myself not to write about too many episodes like this one, which once would have been regarded as parody because it would have been parody. Raj Patel, an apparent communist, explains in this unhinged piece by The Guardian about “food injustice,” that the apple pie is a symbol of American imperialism and white supremacy, like this…
“Not that apples are particularly American….Apples traveled to the western hemisphere with Spanish colonists in the 1500s in what.. is now better understood as a vast and ongoing genocide of Indigenous people….
Not that the recipe for apple pie is uniquely American….By the time the English colonized the new world, apple trees had become markers of civilization, which is to say property….John Chapman, better known as Johnny Appleseed, took these markers of colonized property to the frontiers of US expansion where his trees stood as symbols that Indigenous communities had been extirpated.…
Not that the gingham on which our apple pie rests is uniquely American….this war capitalism enslaved and committed acts of genocide against millions of Indigenous people in North America, and millions of Africans and their descendants through the transatlantic slave trade. In the process, cotton laid the basis of finance, police and government that made the United States.
Since this is quite a lot to acknowledge, it is easier to misremember. In the drama of nationalist culture, the bloody and international origins of the apple pie are subject to a collective amnesia.“
This, though extreme, is the weaponization of the cognitive dissonance scale that has become a prime part of the strategy to unmake the United States, cancel its freedoms, and turn its values inside out. Consistent with Critical Race Theory, literally everything in our culture, including the best and most innocent of it, must be traced to something evil.
Even apple pie. Conservative websites are having fun mocking this article. They are foolish. Patel is deadly serious, and our children will be taught this perspective unless there is relentless resistance.
2. John Wayne died on this date in 1979. “The Duke” had the biggest impact on American culture and ethics of any performer; there really isn’t anyone close. And it was a positive impact; John Wayne (really Marion Morrison) the man is an interesting subject, but what mattered was his art. He dedicated his career to portraying the independent American male individualist with all his virtues and flaws, aided by some of the greatest film-makers in Hollywood history, notably John Ford and Howard Hawks. Even before Hollywood took its disastrous turn to the hard Left, Wayne suffered because of the enmity liberals and the academic elite held (and hold) toward the core American values that Wayne’s characters, often incompletely, tried to embody. Pauline Kael, much idolized as a film critic (I detested her), refused to do anything but ridicule Wayne’s performances out of pure political bias. For me, especially as I became more experienced as a stage director, Wayne’s acting impressed me more the more I watched him, and I have watched him more than I have watched anyone.
There has been an effort of late to “cancel” the Duke, but they’ll have more luck with apple pie. The John Wayne character remains strong, inspiring, and complex. Over 40 years after his death, Wayne’s movies are still featured on TV regularly; no actor made more great ones, and the good ones are still entertaining. My favorites? “Stagecoach” (of course), “Red River,” “Rio Bravo”, “She Wore A Yellow Ribbon,” “The Searchers,” “Hondo,” “True Grit”, “The Quiet Man,” and “The Man Who Shot Liberty Valence,” with Hawks’ “Hatari!” as a special guilty pleasure.
The Boston Globe has just published an editorial splashed on its website in the flamboyant style its previous owner, the New York Times, reserved for “important” declarations and propaganda like the “1619 Project.” “The Case For Prosecuting Donald Trump” is the latest installment of the Globe’s ongoing attack on former President Trump, which, of course, began from the moment he was elected. This screed is the current chapter, the sixth, in a project called, clumsily enough, “Future-Proofing the Presidency.” It is, even for the bottom of the barrel level of partisan and biased journalism that is now routine, nauseating. Even the timing of it is unethical—partisan, cynical, and embarrassingly obvious. Donald Trump isn’t President, and the Globe’s claim of fictional urgency regarding an exited POTUS is unprecedented.
Is this worse than the Globe’s stunt in 2016, when it published a fake front page showing what a future Trump Presidency would yield? Oh, I don’t know. I do know that a newspaper that would publish that would be capable of issuing an editorial this bad…and so it has!
The past week has exposed the irresponsible policy calculations of the Biden administration, notably with inflation arising as anyone could have predicted it would with a government that tosses away trillions like money is confetti. The President’s corrupt son has again come under examination, reminding us how the news media, including the Globe, deliberately embargoed information regarding his slimy activities that legitimately raised questions about “The Big Guy.” The illegal immigrant rush to the border, a surge that Democrats and Joe Biden invited, is a disaster. Kamala Harris, assigned the job of managing it, was anointed as a President in Waiting, and has demonstrated (again) how frighteningly unqualified she ,
The party the Globe works for has revealed itself as harboring anti-Semites within its leadership. The previous Democratic President has begun attacking white America and evoking the racist views of his “spiritual advisor” Rev. Wright, though candidate Barack Obama condemned such divisive views in order to get elected in 2008. Yet another false narrative the news media used to undermine President Trump’s re-election prospects was exposed as a lie this week, and the Democratic Party’s plans to enact a radical agenda without anything resembling a popular mandate by eliminating the Senate filibuster have crashed. Another IRS scandal under a Democratic President is emerging—and with all of this happening, and more, the Boston Globe’s priority is examining the Presidency of Donald Trump?
The editorial is deliberate misdirection, and desperately so. Its translation, as a whole, comes to this: “Never mind what’s going on now: wasn’t that last President horrible? Don’t you think we should get him?”
I haven’t read the previous editorials in the series, but as a lawyer, the headline was clickbait. What is the case for prosecuting Trump? The Globe’s editorial board doesn’t make it; they don’t even make a good faith effort. Unbelievably, the Globe’s indictment consists of three “crimes”:
That’s not me, by the way. I would never wear a shirt like that…
1. Not substantiated, but worth mentioning: Fulton County, Georgia, poll manager Suzi Voyles says that when she sorted through a stack of mail-in ballots last November, she noticed strange uniformity in the markings on ballots favoring Joe. Biden. All the absentee votes contained perfectly filled-in ovals for Biden, except that each of the darkened bubbles featured an identical white space inside them in the shape of a tiny crescent, indicating they had been marked with toner ink instead of a pen or pencil. All of these ballots were printed on different stock paper than the others she handled as part of a statewide hand recount of the 2020 Presidential election, and none were folded or creased, as mail-in ballots usually are. To her, the Biden votes looked like they’d been duplicated by a copying machine. At least three other poll workers observed the same thing in stacks of absentee ballots for Biden they handled, have joined Voyles in swearing under penalty of perjury that they something was—is—seriously amiss. A state judge has ordered that all of the 147,000 mail-in ballots counted in Fulton be unsealed to allow a closer inspection of the Biden ballots for evidence of counterfeiting. Observations:
Why is this only happening now, rather than before the results were certified?
Even if the audit show that Trump “won” Georgia, indeed even if similar audits show that he should have won the election, nothing will change as far as the current government is concerned. You can’t unring that bell. Congratulate the Democrats: it worked!
Even the Georgia audit alone, if it turned up sufficient counterfeit ballots, would still force some accountability on the news media and progressive pundits, who have rather too vigorously insisted that the election was as pure as the driven snow.
So far, the mainstream media has ignored this story, and will continue to if it comes to nothing. Right now, it’s officially just more conservative conspiracy theory.
I am certain that there are many in authority who believe that even if there was widespread fraud in 2020, it shouldn’t be revealed because that knowledge would cause civil unrest. I almost feel that way myself, except that Democrats and news media have been shouting from the rafters that complaints about the loose controls on mail-in ballots are fanciful, and that Trump is “lying” when he says the election was stolen. Now the truth has to be determined, so that highly dubious narrative doesn’t prevent essential reforms.
If the Xeroxed ballot accusation turns out to be legitimate, things will get ugly. At that point, maybe they have to.
2. Accountability Ethics, Baseball Division. The last two nights, the Houston Astros were booed lustily in Boston by fans indignant about that team’s cheating in 2017, including during a close play-off series with the Red Sox on the way to the Astros’ World Championship. There’s a disconnect here: the primary villain in the cheating scandal is the current Red Sox manager, Alex Cora, who engineered the sign-stealing scheme the team used to help it’s hitters all season. Cora, of course, hasn’t bee jeered at all. Alex said that the booing of his former team made him uncomfortable. Good!He told the press after the game in part,
“Tough to hear it. Because at the end, I was part of that. I was part of the 2017 Astros, and I was part of the whole sign-stealing situation and them being booed and screamed at … I was part of that, too. I know there’s a lot of people in this town who are fans of the Boston Red Sox that don’t agree that I’m the manager [Note: Like me…] There’s others that yeah, they’re OK with it and others, they’re just happy that we have this [winning] record. But that was something I was wondering for a while — how people were going to treat them — because at the end, we were part of it. [Clarification: Not “part of it,” Alex. You were the instigator of it.] Me and [current Red Sox player] Marwin [Gonzalez] were part of that, and it was a tough one last night. When I got home, I thought about it. I was like, ‘Wow.’ It was tough. It was a tough night.”
Not tough enough. I also liked how he threw his own player under the metaphorical bus. Most Boston fans had forgotten that Gonzales, now with the Sox , was one of the Astros’ sign-stealing cheats. I’m sure he was happy to hear his manager remind everyone in his new city.
When President Trump claims the election was stolen, this is the kind of thing he should focus on.
The U.S. Department of Interior’s Office of the Inspector General released its findings after investigating law enforcement’s actions on June 1 of 2020, when police removed protesters from Lafayette Square in Washington, D.C., ahead of President Donald Trump walk to St. John’s Church, after “peaceful protesters” had set it aflame. The authorities made the decision to clear out the park in order to install fencing amid ongoing rioting in the area following the death of George Floyd, the investigation determined, and not for to give Trump a photo op, as the news media furiously reported. Inspector General Mark Lee Greenblatt’s thorough and detailed report concludes,
“We found that the USPP had the authority and discretion to clear Lafayette Park and the surrounding areas on June 1. The evidence we obtained did not support a finding that the USPP cleared the park to allow the President to survey the damage and walk to St. John’s Church.”
Oh! That’s funny…at the time, ABC News anchor George Stephanopoulos reported that “The administration asked police to clear peaceful protesters from the park across the White House so that the President could stage a photo op.” “Reported” means it’s factual, right? ABC checked it out, it didn’t just follow what protesters said and the DNC told them to say, right? Just like NPR‘s headline “Peaceful Protesters Tear-Gassed To Clear Way For Trump Church Photo-Op” had to be based on solid facts and objective reporting, or it would have said “allegedly” or “some say,” correct? The New York Times–you know, the best of the best?—would never have printed “Protesters Dispersed With Tear Gas So Trump Could Pose at Church” if it wasn’t true, isn’t that how the “paper of record” is supposed to work? In a widely circulated video, a man interviewed on the scene said, “To me, the way our military and police have behaved toward the protesters at the instruction of President Trump has almost been Nazi-like.” Perfect!
Then, handed a false narrative, another Big Lie to run with, Democrats didn’t disappoint. Here’s Joe Biden or his ventriloquist:
There is no question about it: fraudulent personalities and con artists have been elected President of the United States in the past. However, that challenge isn’t easy, and being able to fool the public most of the time isn’t the only skill required to pull it off.
Kamala Harris is one of those truly awful politicians who radiates phoniness and opportunism. She has no true principles other than dedication to her own ambition and narcissism, and it is fair to conclude that if she ever had access to the power of the Presidency, she would create a bipartisan disaster.
Fortunately, Harris can’t fool anyone, at least not enough. She isn’t smart or dexterous. Her insincerity glows like an LED bulb. This is why she was such a spectacularly unpopular Presidential candidate when she ran in the Democratic primaries. The Vice-Presidency was handed to her based on nothing unique or admirable about Harris, just her color and her chromosomes. This provided her with a second chance to make a good first impression, but she just can’t do it.
Good.
This episode is in itself minor, but it features such a spectacularly dishonest and bumbling performance by Harris that it should erase any fears that anything short of Joe Biden’s demise will put her in the Oval Office.
During an interview with NBC News yesterday, Harris, who has been criticized for not visiting the U.S.-Mexico border despite being delegated the job of overseeing the mess there, was asked whether she had any plans to do so.
Harris:I – at some point – you know – we are going to the border. We’ve been to the border. So this whole – this whole – this whole thing about the border. We’ve been to the border. We’ve been to the border.
Or as Ralph Kramden would say, “Huminahuminahumina…”
When Lester Holt protested that despite her use of “we,” she had not, in fact, been to the border, her lightening-fast retort was…
Harris: “I – and I haven’t been to Europe! And I mean, I don’t – I don’t understand the point that you’re making. I’m not discounting the importance of the border.”
That’s it! That’s proof positive that Harris is too dim to hide her own dishonesty even to fool some of the people some of the time, or to get past a mildly challenging question from a Democratic ally like Holt. After trying deceit to duck the point Holt was making (“We’ve been to the boarder”—see, it depends on what the meaning of “we” is!), she resorted to a grade school level deflection (‘I haven’t been to lots of places! What’s your point?‘) The point is that her job doesn’t require her to go to Europe, but the boarder crisis does mandate that she go there and learn something. As she knows. And the best she can do is a virtual Jumbo, as in ‘I have no idea what you are referring to!’
This is Kamala Harris. She’s not just inept, she’s an inept phony. She may fool a few people with cognitive disabilities or who don’t give a damn, but most Americans will see through someone who talks like that, and they don’t want such empty suits as their leaders no matter what their political affiliations are.
A Netflix documentary that debuted last year crystallized my conclusions about the current attack on police, policing, and the justice system as a part of “white supremacy,” and the so far successful effort by Black Lives Matter and its allies among progressives and the Democratic Party to unravel the core values of American society as part of the “solution.”
The documentary is “Trial 4,” and it tells the disturbing story of how a black Boston teenager named Sean Ellis was railroaded into serving 22 years in prison for the 1993 execution-style murder of a Boston cop. Yes, it’s a documentary, so it is hardly objective, but it is even-handed for the genre, and to this long-time Boston native, it rings true in most respects. It also brought back memories of my U.S. race relations course in college, taught by the estimable Thomas Pettigrew, which convinced me that the plight of the black community in the U.S. was probably beyond repairing.
Ellis was finally exonerated just last month, as all of his convictions were either reversed or thrown out, with prosecutors (finally) deciding not to pursue any further action against him. Presumably he will get a large settlement from the city. He deserves one.
The details of the story are best followed by seeing the program, but key points are these;
The murdered officer, a white, Irish veteran officer, was a corrupt cop who was known on the force to be corrupt, but he was nonetheless honored in death as a paradigm of law enforcement virtue. Thousands of police officers, even from other states, came to his public funeral. The determination by his peers to find and punished the assassin who shot him five times in the face was intense.
The law-abiding police who knew the truth about the deceased officer, John Mulligan, never made any official complaints, hewing to the so-called “blue line.” In this they mirror all professional groups: doctors, lawyers, politicians, elected officials, and of course the clergy are all reluctant to blow the whistle even though basic ethical values require it.
Two of Mulligan’s fellow officers were running a series of illegal activities that Mulligan either was involved in or knew about, including overtime scams, planting evidence, arresting innocent black citizens and pressuring them into giving false evidence, and stealing drug money in legal and illegal searches.
These same officers (they flank Ellis in the photo above) took control of the investigation of Mulligan’s murder, and one of them manipulated his own relative to falsely identify Ellis as being at the scene of the murder. They also intimidated Ellis’s uncle, who was on parole and was threatened with being sent back to prison, to implicate his nephew.
Despite what looks in hindsight like huge, neon-flashing signs reading “Frame up! Frame up!,” the justice system lined up against Ellis and with the cops, even a supposedly reform-minded black District Attorney (who insisted of retrying the murder charges against Ellis after two hung juries mostly favoring acquittal) and the African American judge in the trials.
Quite a while ago—I’m afraid to check—I asked readers to submit nominees for popular songs with an ethics theme or lesson. Lorne Greene’s one hit recording ( his vocal version of the “Bonanza” song did not fly off the shelves) was “Ringo,” a pretty blatant rip-off of Jimmy Dean’s “Big John,” was one of the first on the list. I received quite a few suggested songs but events overtook me, and I never finished the project. It is in a growing list of promised future content that I have yet to deliver, including missing parts to multi-part posts. I apologize to readers for all of them, but I also intend to make good on all of them, though the ethics songs compilation is understandably low priority. I was happy to finally finish the Ethics Guide to “Miracle on 34th Street” after it languished for a year. The top priorities on the catch-up list right now are Part II of Three Ethics Metaphors: The Rise, The Presidency And The Fall Of Donald J. Trump—that will be on the “Animal House” parade plot metaphor for Trump’s election—and, of course, the long-delayed Part III of The Pandemic Creates A Classic And Difficult Ethics Conflict, But The Resolution Is Clear.
Back to Lorne: I met him once, on a Santa Monica beach. He was in swimming trunks, and with his family, extremely friendly, tanned and wearing his hairpiece, which was fantastic. Like several other stars I have met in person, Greene was so strikingly attractive that he would make anyone turn their heads on a street even if you had no idea who he was. Unlike most of the others, he appeared to be a genuinely nice guy.
1. Proud to be off Twitter, Reason #569: After Twitter received notice of its noncompliance with India’s information technology laws, demanding that the company remove content critical of the government’s handling of the pandemic and about farmers’ protests, including tweets by journalists, activists and politicians, Twitter pulled itself up to its full metaphorical height, puffed itself up like blowfish, and protested in part, “We are concerned by recent events regarding our employees in India and the potential threat to freedom of expression for the people we serve.”
Twitter actually said that it cares about freedom of expression! Then, last week, after Nigeria blocked Twitter, it had the gall to tweet…
This, from the platform that censored the Hunter Biden laptop story and banned President Trump. The Hanlon’s Razor question of whether these are bad people or just stupid people now becomes irrelevant. It’s unethical to operate a powerful communications platform when you are so stupid.
During yesterday’s late afternoon game Red Sox game against the Miami Marlins in Fenway Park, some fans unfurled a huge “Trump won — Save America” banner over the centerfield wall during the fourth inning. The banner was confiscated and the fans ejected from the game. Some of the players and quite a few spectators were amused. Similar messages appeared on banners unfurled during Mets and Yankees games in recent weeks.
The Red Sox have long had a policy prohibiting large signs and banners in the park, though I have seen some appear without the park staff taking action. Political signs have always been taboo. In 2017, this sign…
The article by German Lopez in Vox published on June 4 is more than just head exploding. It is clinical evidence of brain dysfunction or such deep cynicism and disrespect for readers that the author and editors should be under surveillance. I’m exaggerating only slightly.
Vox is an openly Leftist website founded by Ezra Klein, who pretended to be an ethical journalist at the Washington Post until his outrageous partisan bias became too obvious to deny. Since then it has become the kind of news and commentary source, like MSNBC, only taken seriously by those who want to hear a slanted, spun, openly partisan view of reality that jibes with their unalterable world view. Yet this thing is unbelievable even by that standard.
Over the past week, even the mainstream media has accepted the likelihood that its government, and particularly its health authorities led by Dr. Anthony Fauci, lied to the public repeatedly, hid evidence and covered up facts and documents throughout the pandemic, prime among those fact the likely origins of the Wuhan virus (you’ll never guess where it came from!) This was a betrayal of trust of epic and historic proportions. So what does Vox identify as America’s “biggest pandemic failure”?
We’re not more like China! Or Iran! We don’t automatically bow to government restrictions on our liberties. We don’t trust the experts to run our lives! Some excerpts:
Ethics Alarms 