They—We—Executed Orlando Hall. Good.

lethal drug

One area in which the likely arrival of the Biden administration will surely signal furious back-tracking efforts will be the perpetual moral and ethical controversy over capital punishment. The execution of Orlando Hall was the eighth since the Trump administration revived capital punishment for federal crimes and the first of three scheduled during the presidential transition, if there is one.

The progressive way of the moment is to minimize or eliminate any punishment whatsoever for crimes. President-sort-of-elect Biden, in an exuberant moment, said during the campaign that there shouldn’t be prison time for any non-violent crimes. (Any non-violent crimes, Joe?) In the throes of the George Floyd Ethics Train Wreck, the bonkers concept has been promoted by the Black Lives Matter constituency that the justice system is so racist that punishing any black citizen for any crime is perpetuating “systemic racism.” Here’s Ellie Mystal, The Nation’s “justice correspondent,” writing way back in 2016:

“Black people lucky enough to get on a jury could use that power to acquit any person charged with a crime against white men and white male institutions. It’s not about the race of the defendant, but if the alleged victim is a white guy, or his bank, or his position, or his authority: we could acquit. Assault? Acquit. Burglary? Acquit. Insider trading? Acquit.Murder? … what the hell do you think is happening to black people out here? What the hell do you think we’re complaining about when your cops shoot us or choke us? Acquit. Don’t throw “murder” at me like it’s some kind of moral fault line where the risk of letting one go is too great. Black people ARE BEING MURDERED, and the system isn’t doing a damn thing to hold their killers accountable. Sorry I’m not sorry if this protest idea would put the shoe on the other foot for a change.”

Mystal isn’t alone, and since the death of Floyd with a white police officer’s knee on his neck, his logic, if you can call it that, has become infectious. Race is a factor that may signal bias by jurors: major political leaders, pundits are and academics are arguing directly that all whites are prejudiced against blacks, and Mystal’s ilk are calling on black jurors to acquit even guilty black defendants as cultural “tit for tat.” (Ellie’s a lawyer and still reached this conclusion, and still is employed as an authority. But don’t get me started on Ellie.)

It is time to reconsider and perhaps revise the absolute principle the Supreme Court articulated in Batson v. Kentucky, 476 U.S. 79 (1986), the landmark decision ruling that a prosecutor’s use of a peremptory challenge in a criminal case, dismissing a juror without stating reason for doing so, may not be used to exclude jurors based solely on their race. After all, if all whites are secretly or subconsciously hostile to blacks, they can’t be trusted to judge the guilt of a black defendant, and if blacks are being urged to fight systemic racism and “mass incarceration” by acquitting guilty black criminals, they can’t be trusted either.

Maybe what we need is all Asian-American juries.

But I digress…slightly. Here was the ABA Journal’s headline regarding the execution of black death row inmate Orlando Hall: “Federal inmate tried by all-white jury is executed after Supreme Court lifts execution stay.” Justices Breyer, Sotomayor and Kagan, the so-called liberal minority on the Court, dissented from the Supreme Court order allowing the execution to proceed without explaining their dissent. They don’t have to. Biden has said he will work to end the use of capital punishment by the federal government, reversing President Trump’s support for it: the Left considers the death penalty to be an 8th Amendment breach, “cruel and unusual” punishment.

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Wednesday Morning Ethics Warm-Up, 11/18/2020: The Betraying Friend, The Abusive Model, The Grandstanding Lawyer, And The Partisan CEO

Several of these items could support stand-alone posts, I suppose, but I have bigger metaphorical fish to fry. I’ve also figured out that traffic would look better if I broke some of these 800-1000 word posts into multiple 400-500 word bites, but to hell with it: a post should be as long as it has to to make the points I want to make. Traffic has also been excellent lately: from Election Day through yesterday EA has had the best extended streak since 2017. As usual with such surges, this has involved some quirks. For example, the post about Margaret Thatcher’s favorite poem has been leading all posts in clicks for three days. I didn’t see that coming…

1. Ethics Quiz: Which is more unethical, the creep who offers such tales out of school, or the publication that gives her a platform?

The entire genre of former school mates coming forward with unflattering and ancient anecdotes about political figures is unethical. Now that Ivanka Trump’s father is likely to be out of the White House next year, her seventh grade friend Lysandra Ohrstrom decided it was a safe to reveal what a creep the First Daughter was as a 13-year-old, because so few of us lacked a functioning ethics compass at that age. She also decided that she would enjoy being interviewed on various Trump-hating TV shows, I assume.

Why the woman continued to stay friends with someone she now says was an elitist snot is a mystery; yes, some of Lysandra’s tales impugn adult Ivanka as well as the child version.

One of her earliest memories of Ivanka is her blaming a fart on a less popular classmate. The monster! In their twenties, Ivanka asked Ohrstrom for a book suggestion and when her friend suggested “Empire Falls,” replied, “Why would you tell me to read a book about fucking poor people?” Ohrstrom also recalls Ivanka once telling her “You’ve really turned into a Marxist” during a discussion about affordable housing in Manhattan.

Is there anyone who has ever lived who doesn’t have embarrassing incidents that occurred early their lives and that they trust that the family and friends who witnessed them have the decency and loyalty not to inform the world? Ohstrom’s ignorance of the Golden Rule and her pathetic lunge for 15 minutes of fame tell us more about her character than reveal anything relevant about Ivanka Trump.

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Afternoon Ethics Wind-down, 11/17/2020: Greenwald, Kelly, Typical Irresponsible College Professor, And “Name Withheld”

windingUp

1 Nah, there’s no mainstream media bias… Glenn Greenwald, the gadfly journalist who was cut off at the metaphorical knees for not supporting the media black-out of the Biden family influence peddling story in the waning days of the campaign (Hey! It worked, so it must be ethical!), is apparently just warming up in his campaign to expose the mainstream media’s hypocrisy and bias. Here’s a recent thread on Twitter.

Of course, it’s just a matter of time before Twitter suspends his account…

2. I LOVE this guy! He’s the perfect example of so much that’s wrong with academia, Black Lives Matters, and the entire race-baiting phenomenon! (But why is he allowed to teach anyone?) Bucknell University will be featuring a scholarly debate over the new film “What Killed Michael Brown?,” with participants considering “whether the idea of systemic racism today is a truth about what needs to be addressed in shaping a just America, or a ‘poetic truth’ that as a strategy exacerbates social division in America.” (Strange…it is beyond question that what killed Michael Brown was his fatal and perhaps drug-aided decision to resist arrest, try to grab an officer’s weapon, ignore a lawful order to stop, and to direct his entire bulk in a charge at a police officer. It will be a short webinar.) Roosevelt University journalism Professor John Fountain, one of the participants, asserts that “questioning the existence and impact of systemic racism in the United States is itself offensive and racist.”

3. Whew! I almost lost this one. From an October 6 column by “The Ethicist.” “Name Withheld” writes: Continue reading

Sunday Ethics Infusion, 17/15/2020: “Run Away!”

1. To channel Scarlet O’Hara…If one more Trump-Deranged individual accuses me of  adopting right-wing media conspiracy theories, I will get angry, and they won’t like me when I’m angry. I accept analysis from no one, especially from the likes of (the former version of) Fox News, Breitbart, Mark Levin and others of note. If I like a legitimate authority’s analysis (like, say, Andrew McCarthy, Ann Althouse or Jonathan Turley), I will credit them for it. “It sure is suspicious that your points agree with theirs” I was told today. It’s no more suspicious than the fact that their stated analysis agrees with mine. I’m not tolerating this insult. I’m at least as informed, educated and intelligent as those I am accused of “parroting,” and I’m considerably more informed, educated and intelligent than the typical knee-jerk progressive water-carrier who tries to win arguments they have neither the wit nor the facts to support by calling me incapable of forming my own opinions.

2. An update! The original collection of movie clips that Ethics Alarms uses repeatedly to illustrate certain points has been expanded considerably.

3. “Run away!” I see that conservatives are “fleeing” Facebook and Twitter for the allegedly more accommodating and less censorious environs of Parler and MeWe. EVERYONE should bolt from Facebook and Twitter if they have any concern about the social media platforms manipulating public opinion and possible tilting the election by partisan censorship, not to mention the mendacity of both platforms’ CEOs and their basic lack of trustworthiness.

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A False Narrative Exposed, Part 2: The Times’ Editors Beclown Themselves (Cont.)

clowns

The examination of the New York Times’ disgraceful editorial of October 26, “The Republican Party’s Supreme Court,” continues. The first section is here; Part I of “A False Narrative Exposed” is here.

“It was never about the supposed mistreatment that Robert Bork, a Reagan nominee, suffered at the hands of Senate Democrats in 1987. That nomination played out exactly as it should have. Senate Democrats gave Judge Bork a full hearing, during which millions of Americans got to experience firsthand his extremist views on the Constitution and federal law. He received an up-or-down vote on the Senate floor, where his nomination was defeated by Democrats and Republicans together. President Ronald Reagan came back with a more mainstream choice, Anthony Kennedy, and Democrats voted to confirm him nine months before the election. Compare that with Republicans’ 2016 blockade of Judge Merrick Garland, whom they refused even to consider, much less to vote on: One was an exercise in a divided but functioning government, the other an exercise in partisan brute force.”

Garland again! Returning to this anomalous and reckless gambit by McConnell signals that the Times has no genuine arguments other than rationalizations. The argument stated amounts to “they rejected our guy’s qualified judge, so we should have been able to reject their guy’s qualified justice!” (Pssst! Times editors! You’re supposed to be objective journalists. You’re not supposed to have a “guy.”)

But the worst is “supposed mistreatment.” Supposed? Here’s the infamous and slander suit-worthy attack on Bork by Senator Ted Kennedy:

“Robert Bork’s America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens’ doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists would be censored at the whim of government, and the doors of the federal courts would be shut on the fingers of millions of citizens for whom the judiciary is often the only protector of the individual rights that are the heart of our democracy.”

No nominated judge had previously been subjected to insults in this manner, and no judge was after until the Democratics again stooped to such depths in their savaging of Brett Kavanaugh. Robert Bork was a conservative justice, but Justice Antonin Scalia was equally conservative if not more, and Bork was acknowledged to be brilliant by friend and foe. Bork was an intellectual, not an ideologue, and he believed in stare decisus, meaning that he was not a threat to vote to overturn established precedent, as Senator Kennedy, who might have been challenged to have graduate from a correspondence law school, implied. Had the tradition that existed before the Senate Democrats slimed Robert Bork not been obliterated, and the wise rule that if a President nominated a qualified judge for the Court, that judge was confirmed in a bipartisan vote, both Garland and Barrett would have glided through confirmations.

“How will a Justice Barrett rule? The mad dash of her confirmation process tells you all you need to know.”

This is called “not answering the question.” The Times doesn’t know; nobody knows. Trump’s previous two nominations to SCOTUS have surprised, so has Chief Justice Roberts; so have many previous Justices, like Souter, Blackmun, Powell, and others. Interestingly, it is almost always the conservative judges who show the ability to decide cases on their merits rather than knee-jerk ideology, angering the knee-jerk ideologues on the right.

“Republicans pretended that she was not the anti-abortion hard-liner they have all been pining for, but they betrayed themselves with the sheer aggressiveness of their drive to get her seated on the nation’s highest court. Even before Monday’s vote, Republican presidents had appointed 14 of the previous 18 justices. The court has had a majority of Republican-appointed justices for half a century. But it is now as conservative as it has been since the 1930s.”

Again, this is a flat-out misrepresentation. So far, the Roberts Court has not been extremely conservative in its rulings.

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A False Narrative Exposed, Part 2: The Times’ Editors Beclown Themselves

Clowns

[This is Part 2 of the Ethics Alarms essay that begins here.]

The first section of “A False Narrative Exposed” concluded,

The extent of the Democrats’ false smearing of Justice Amy Coney Barrett and the blatant fearmongering regarding the consequences of her confirmation are put in sharp perspective when one goes back and re-reads the New York Times editorial of the week before headlines, “The Republican Party’s Supreme Court.”  Indeed, the Times editorial shows us much more: the utter dishonesty of the mainstream media and its willingness to mislead rather than inform the public; it’s deliberate employment of false history to advance its partisan ends, and perhaps  most damming of all, the weak powers of reasoning and analysis the alleges cream of the journalistic crop applies to its craft. Then there are the repeated reminders that the Times is so deeply in bed with the Democrats that it can count its moles.

Let’s look at that editorial…

“What happened in the Senate chamber on Monday evening was, on its face, the playing out of a normal, well-established process of the American constitutional order: the confirmation of a president’s nominee to the Supreme Court. But Senate Republicans, who represent a minority of the American people, are straining the legitimacy of the court by installing a deeply conservative jurist, Amy Coney Barrett, to a lifetime seat just days before an election that polls suggest could deal their party a major defeat.”

Right—those phony polls meant to suppress the GOP vote showing that the Democrats were going to increase their dominance of the House and win control of the Senate. The scandalously misleading and mistaken polls were also part of the novel Democratic argument, endorsed by the Times, that the Senate should reject a legal and historically routine SCOTUS nomination because of clearly biased polls…a corrupting phenomenon the Founders never heard of.

“As with President Trump’s two earlier nominees to the court, Neil Gorsuch and Brett Kavanaugh, the details of Judge Barrett’s jurisprudence were less important than the fact that she had been anointed by the conservative activists at the Federalist Society. Along with hundreds of new lower-court judges installed in vacancies that Republicans refused to fill when Barack Obama was president, these three Supreme Court choices were part of the project to turn the courts from a counter-majoritarian shield that protects the rights of minorities to an anti-democratic sword to wield against popular progressive legislation like the Affordable Care Act.”

The only valid question for the Senate to consider was whether Barrett was qualified. Even the deeply progressive-biased American Bar Association  agreed that she was. I don’t know what the Times is trying to say: the Federalist Society wouldn’t have approved of an unqualified justice. “Anointed’ is just cheap Times rhetoric meaning “conservatives tended to agree with her jurisprudence,” just as progressives approved of the late Justice Ginsberg. Both had to excel during tough questioning in their confirmation hearings. Neither was “anointed.” The editorial board is pandering to its readership’s hysterical biases against conservatives….

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Wednesday Ethics Windstorm,11/11/20: Liars, Knaves, Fools And Birds

Great Tit

1. Incompetent headline dept. Someone at a newspaper has to be alert enough to catch a risible headline like this:

Great tits

A Great Tit is the pretty bird above.

2. Who believes that MSNBC didn’t know this? (I don’t.) MSNBC was shocked—shocked!—to discover that the Pulitzer Prize-winning historian Jom Meacham, who had been a regular on MSNBC’s 24-7 anti-Trump barrage, never told them that he was working for the Joe Biden team. on speeches, including his victory address. Meacham appeared on MSNBC following the speech to comment on the speech he had written but didn’t disclose to viewers that the speech he loved cane from his own laptop as he said,  “Tonight marks — the entire election results mark — a renewal of an American conversation where we’re struggling imperfectly to realize the full implications of the Jeffersonian promise of equality,” said Meacham. “It’s taken us too long, our work has been bloody and tragic and painful and difficult and, Lord knows, it is unfinished, but at our best we try.”

MSNBC announced that due to this “discovery. Meacham would no longer be a paid contributor, but he would be welcome to appear on future panels, thus showing the high regard for integrity for which the network is famous. If Meacham lied to MSNBC and its viewers while withholding a crucial conflict of interest, why would he be allowed back on the air in any capacity? Why would anyone trust him?

I believe that MSNBC knew that Meacham was working for Democrats while he was bashing Trump. And this is yet another example of how unprofessional the profession of historian has become.

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Ethics Alarms Verdict: The AUC Stole the Election, Or Attempted To Steal The Election. It’s One Or The Other.

trump-election-2020

Frankly, this is an easy conclusion. It is overwhelming likely that the first is correct: President Trump has lost the election, and the #1 reason was the four year strategy by the Axis of Unethical Conduct—the Democratic Party, the “resistance,” the mainstream news media, and more recently, the tech giants and social media platforms—to employ unconscionable, unethical means to accomplish that end.

If, by some miracle, the attempted theft fails, it will only be as a result of moral luck. The destructive and democracy-wrecking actions of the AUC are already completed. Their culpability is the same whatever the final election result is.  This is why in criminal law an attempted crime often carries the same penalty as a completed crime. What the criminal did was just as wrong whether he or she was ultimately successful or not.

Before President Trump even took office, a full-on campaign to remove him by any means possible was underway, along with a similarly relentless effort to make it impossible for him to function as the nation’s leader. This continued with no respite from the 2016 election right through to the 2020 election. No President of the United States has ever been sabotaged and savaged in such a manner; indeed I am going to add the denial of this fact to the Ethics Alarms list of the Big Lies of the Resistance. It will be #10, right behind the lie that President Trump caused pandemic deaths in the U.S. (Andrew Cuomo definitely killed people, but not President Trump.) The lie: “Progressives treated President Trump no worse than conservatives treated President Obama.”

Big Lie #10 is different from the rest because it usually is used by ordinary citizens rather than Democratic Party officials, flacks and pundits; the reason is that the statement is so false that even Trump’s worst critics won’t go that far. Their alternative position is that he is so evil that he deserved to be abused. But I hear Big Lie #10 regularly from the social media Borg and my Trump Deranged friends and relatives when they are cornered and feel they have to deny what is literally undeniable. Big Lie #10 is a Jumbo: “Bias? What bias?”

The record of the effort to steal/rig/fix—choose your favorite word, but the objective was to make sure this President never had a chance to succeed, and if he somehow did succeed, that he would never get credit for it—the 2020 election is right here, tracked by the Ethics Alarms tag, 2016 Post Election Ethics Train Wreck, which I hereby retire after a wild four-year run. It took me twenty minutes to just scroll down through all of the posts that carry that tag; if I attempted to read them all, it would take weeks.

The first entry was here, when I announced and christened the Train Wreck, almost exactly four years ago, on November 13, 2016. In that post and three succeeding ones I highlighted four ugly examples of how the President-elect was being denigrated and undermined immediately, following the first post with this one, this one, and this one. I could not suspect that the efforts to demonize the newly-elected President of the United States would metastasize to the extent they did, with every late night TV show devoting large chunks of time every installment to insulting and denigrating him, with the vast majority of major newspaper columnists attacking him personally to the point of obsession, and all previous rules of decorum and official respect being not only suspended by the Democratic Party, but trashed, even to the point of elected officials calling the President a “motherfucker” in public without any penalty or reprimand, and the Speaker of the House making live theater out of tearing up his State of the Union message on TV.

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Unethical Quote Of The Month: New York Time Tech Reporter Kevin Roose

Roose Tweet

“The tricky thing, for Facebook, is that some of the most viral stories aren’t strictly false….But they are feeding a stolen election narrative that is going to be hard to dial back.”

——New York Times Technology reporter Kevin Roose, after being called on referring to four accurate articles as “Right Wing misinformation.”

And there it is! We have a smoking gun regarding the insidious, growing tendency of journalists and the news media to think of information as theirs to withhold, alter, hype, hide or bury permanently for what they perceive as the public good.

“Aren’t strictly false…but.” That’s chilling. What Roose is saying is that the truth can be dangerous, and social media should only allow “good” news to be posted and shared, news items that advance narratives supporting what the Left approves of, rather than those that challenge or rebut their obliviously superior and more virtuous views and objectives.

If a factual story makes the public distrust the election results,then perhaps the election results should be questioned. The remedy is to demonstrate with convincing arguments and other facts why this is a mistaken view. When I hear someone arguing that the remedy is to bury the story, that makes me wonder why that person is trying to keep me in the dark.

The primary facts that support the stolen election narrative is how Democrats, the resistance and the news media behaved over the past four years, making it clear that neither law, nor ethics, nor American institutions, values and traditions, nor basic fairness or common decency, would stand in the way of their obsession with removing Donald Trump from the Presidency by any means necessary.

Why, in light of all that, wouldn’t they try to steal the election?

Afternoon Ethics Aggravations, 11/10/2020: Mitch, Audra, Jeff And Joy

Annoyed

We just passed 300,000 comments on Ethics Alarms, and I’ll stack the consistent quality of them against any other blog on the web.

Thanks, everyone.

1.Regarding the gall, intellectual dishonesty and hypocrisy of Democrats and their supporters complaining about the President insisting on examining the returns and various irregularities before accepting the networks’ declaration that Biden won. I could not believe that Mitch McConnell and I would ever agree on anything, but we do this time. Yesterday he said in part on the floor of the Senate,

“Let’s not have any lectures, no lectures, about how the president should immediately, cheerfully accept preliminary election results from the same characters who just spent four years refusing to accept the validity of the last election and who insinuated that this one would be illegitimate too if they lost again — only if they lost,” the majority leader added. In fact, millions of Americans signed a petition urging the electors to vote for Hillary Clinton after Trump won in 2016. The people who push this hysteria could not have any more egg on their faces than they do right now,”

Bingo.

2. Please note: unethical law firms just pay out damages and fines. It’s only individual lawyers—usually the little guys, sole practitioners— who get disciplined. A state court judge in Houston dismissed a $750 million lawsuit against the huge international law firm Jones Day filed by Berkshire Hathaway. The lawsuit alleged the law firm participated in a “massive fraud” in connection with its work on an acquisition in Germany. The case can be refiled, and probably will. A law firm committing fraud means that its partners were responsible for the fraud, but unethical or even criminal conduct by large law firms seldom result in discipline for the law firm’s partners. The technical reason is that bar associations don’t oversee firms, just individual lawyers, so for big firms assisting their clients in frauds and other crimes, there is safety in numbers.

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