Law & Law Enforcement

Ethics (And Judicial) Hero: Federal Judge Roger Benitez

/ Jack Marshall / 15 Comments

cartoon-guns

If one bothers to read his opinion, which most anti-gun, anti-Second Amendment zealots will not, including your outraged friends on social media, it is clear that that the U.S. District Court for the Southern District of California judge’s long overdue ruling striking down the state’s three-decade-old unconstitutional ban on so-called “assault weapons” is well reasoned, well-researched, and difficult to rebut. As usual, those who want to remove the right to bear arms from law abiding Americans (while law-defying Americans continue to do as they please) are resorting to emotion and dishonesty to argue their case.

It is unfortunate that the judge, who is not one of those evil Trump judges but a moderate appointed by President Bush II, began his opinion with an invitation to be misquoted and misunderstood. “Like the Swiss Army Knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment,” Judge Benitez wrote, so furious would-be gun-grabbers are aping California Governor Gavin Newsom, who tweeted,

“Overturning CA’s assault weapon ban and comparing an AR-15 to a SWISS ARMY KNIFE is a disgusting slap in the face to those who have lost loved ones to gun violence. This is a direct threat to public safety and innocent Californians. We won’t stand for it.”

This raises the question, so frequently encountered on Ethics Alarms, of whether a speaker is deliberately lying, or just stupid. In this case, it is also possible that he only read the first sentence, which is irresponsible. Benitez, as the rest of his opinion makes crystal clear, was comparing the versatility of an AR-15 to a Swiss Army Knife, not their characteristics as weapons. An important part of his opinion explains that when the California legislature banned semi-automatic rifles,it never even considered the weapon’s value for self defense, and not just as a “sporting rifle.” (The Red Sox have a utility player named Marwin Gonzalez, and I have heard him compared to a Swiss Army Knife because he can play almost any position; in other words, he’s versatile. No baseball writer has been so foolish as to mock the characterization by saying that the comparison is ridiculous because the knives aren’t alive, Gonzales isn’t Swiss, and he’s much, much bigger.) It is also a non sequitur to call a ruling based on black letter law a “slap in the face” to anyone. Not following the Constitution, as California frequently wants to do, is a slap in the face of democracy.

Continue reading →

Authentic Frontier Gibberish Kills: The Gun Policy Doubletalk Of Maya Wiley

/ Jack Marshall / 8 Comments

“Authentic Frontier Gibberish,” or AFG, named in honor of Gabby Johnson of “Blazing Saddles” fame, is the public phenomenon of solemn and meaningful-sounding word clouds designed to make the naive and the barely educated (that is, most of society) feel certain that they are in the presence of superior intellect when in fact they are in the thrall of either con artists or morons.

Ethically, it falls somewhere under the categories of dishonesty, incompetence and disrespect, depending on the AFG culprit. It would be difficult to find a more blazing example than the “Gun Violence Prevention Policy” offered by Maya Wiley, the civil rights attorney and former de Blasio counsel who’s running for mayor along with approximately half the city. Gun-related violence has roughly doubled in New York City thanks to the weak law enforcement policies of her client, so Wiley is giving the same foolish voters who elected de Blasio twice a chance to emulate San Francisco and make the city even more dangerous and unlivable. At least I think that’s what she’s proposing. As with all “Authentic Frontier Gibberish,” it’s hard to tell, and that, of course, is the plan.

I’m going to stick with the summary, by your leave, but you can try to make sense out of the whole thing if you are a masochist or an optimist. One part of both that is frighteningly clear: Wiley pledges to “Reduce the NYPD budget by $1 billion and invest those funds directly into the communities most impacted by gun violence.” The second part of that sentence is classic AFG, since “invest those funds directly into the communities most impacted by gun violence” is meaningless, but the first part is called “Defunding the police.” Almost 10% of the NYPD’s operating budget was cut in the last budget cycle, and the result was a crime wave. Obviously the best plan is to cut more!

Continue reading →

Saturday Afternoon Ethics Picnic, 6/5/2020

/ Jack Marshall / 6 Comments

Giant ants

And what’s a picnic without ants?

June 5, the day before D-Day, is another date chock full of ethics history. It doesn’t count, but Ronald Reagan died on this date in 2004: I was just thinking that the Great Stupid would have killed him. In Presidential history, this was the day, in 1888, President Grover Cleveland vetoed a bill that would have given a pension to war widow Johanna Loewinger, whose Civil War vet husband died 14 years after being discharged from the army. He was discharged a little less than a year after enlisting for what the army surgeon’s certificate called chronic diarrhea. Loewinger received his pension until he cut his throat in 1876. When Johanna applied for a widow’s pension it was denied; his suicide was not considered to be caused by his military service. Johanna argued that the death was part of the insanity triggered by his war service, and appealed to a member of Congress to petition Cleveland with a bill. But the President declared all previous inquests into the former soldier’s unfortunate death to be satisfactory. Mrs. Loewinger got no pension.

I always thought this was gutsy of Cleveland (or something), since he had paid someone to serve in the Union army for him after he was drafted. But there were bigger ethics landmarks on June 5:

Continue reading →

The Murder of Megan Montgomery And The Death Of Journalism [Corrected]

/ Jack Marshall / 9 Comments

-megan-montgomery-jason-mcintosh

Here is the NBC News headline: “The state of Alabama took his gun away. When authorities gave it back, he shot and killed his wife.” Here is the sub-head: “Alabama authorities took his gun away after a violent domestic incident. Nine months later they gave it back, and he used it to shoot and kill his wife.”

And this is what readers don’t learn until, (let’s see) 17 paragraphs into the story:

“On the night of Feb. 23, 2019, [Megan] Montgomery and [Jason] McIntosh got into a physical altercation at their home. Fellow officers from McIntosh’s department responded to a 911 call from McIntosh, who reported that Montgomery had a gunshot wound. According to the responding officers, Montgomery said she had grabbed McIntosh’s duty weapon with her right hand for her own protection. The two began to struggle for the weapon. Montgomery, 5’8″ and 135 pounds, was shot in her upper right arm. McIntosh, 6’4” and 225 pounds, told the responding officers that during the struggle he thought Montgomery had his cell phone in her hand. According to the report, McIntosh said it was only when the gun went off and the bullet hit his wife that he realized they’d been fighting over a gun. Because McIntosh was a police officer, the head of the Alabama Law Enforcement Agency (ALEA) ordered Special Agent Vince Cunningham to investigate the incident….Cunningham took McIntosh’s firearm as evidence. He interviewed Montgomery on Feb. 26, 2019. She told him that during the incident “she was afraid,” according to the investigative summary written by Cunningham…The ALEA summary says that when Montgomery was asked if the shooting was an accident, she said yes. The summary also says that the officer who took Montgomery to the emergency room told Cunningham that when doctors asked Montgomery what happened, she told them, “He shot me.”….The district attorney did not file charges, concluding in a letter there was “no evidence of the commission of any felony offenses by either Mr. Mcintosh or Ms. Montgomery.” The DA left open the possibility that the City of Hoover could file a misdemeanor offense against either one of them. That never happened. Meanwhile, McIntosh was repeatedly texting ALEA Special Agent Cunningham asking to get his gun back, according to documentation reviewed by NBC News. McIntosh claimed he needed the gun to get a new private security job….Though he had used it as a duty weapon with the Hoover Police Department, the gun was his personal property.”

That is all material information necessary to understanding the tragic incident, isn’t it? Indeed, if the story is really intended to let readers know what happened and why, that part of the story needed to be part of the narrative, right at the beginning. Instead, the reporters set out to spin the facts to maximize anti-gun rights sentiment. An estranged wife with a history of physical altercations with her husband was shot and killed by him after an earlier incident involving his gun, after she had filed for divorce, after a restraining order, and after he had been given his gun back by the backwards state of Alabama. Outrageous! How could that happen?

Continue reading →

San Francisco’s Hard Lesson In Unethical Ethics

/ Jack Marshall / 19 Comments

It shouldn’t be a difficult concept to grasp, but history tells us it is: idealism unmoored to human nature and reality lead to disaster with depressing consistency. Thus “ethical” plans and motives that rely on fantastic and contrived versions of how the world might works under ideal circumstances are in truth not ethical at all. They are incompetent. They are irresponsible.

And thus we have the current fiasco in San Francisco, where the progressive voters left their hearts while their brains AWOL. The Martian leader of the invasion in “Plan Nine From Outer Space” has it right. Meet Chesa Boudin, the City on the Bay’s visionary District Attorney, elected in 2019.

Boudin had, it is far to say, no qualifications for the job of the head prosecutor of a major U.S. city with a growing crime problem. He had never prosecuted a case. But then he didn’t think most cases should be prosecuted. He dreamed of something kinder, gentler, that didn’t require anything so crass and mean as “punishment.” His experience with America’s judicial system showed him that there had to be a better way, as Robert Redford’s clueless idealist in “The Candidate” kept saying. He is “the son of jailed Sixties radicals,” and his kind and caring parents are the inspiration for his campaign against what civilizations have known for eons, but America’s progressives have chosen to forget: bad people abound, and if society doesn’t stop them, they will stop society.

In my value system, and one I am proud to say has been consistent on this issue all my life, Chesa Boudin’s parents, his role models, were bad people. They were members of the Weather Underground, a domestic terrorist organization that bombed banks and government buildings, including the US Capitol. They wanted to bring “The Man” down, man. The Weathermen were too mild for Mom and Dad, so they formed the May 19th Communist Organization, more violent and anti-American still. In 1981, the Boudins took part in the armed robbery of a bank truck. A security guard and two policemen were killed, and Chesa’s parents were convicted of felony murder. At the trial, they explained that the stolen $1.5 million was needed to fund the creation of a black nation-state in the American south. Good plan!

Continue reading →

Two Wins For Law And Ethics Over Ideology

/ Jack Marshall / 10 Comments

DC RULES_blind justice

Judges are proving less partisan and ideologically driven than the increasingly totalitarian Left had hoped.

1. In Vitolo v. Guzman, the 6th U.S. Circuit Court of Appeals at Cincinnati ruled last week that the federal government violates the equal protection clause when it considers race or sex in in allocating Wuhan virus relief funds. Following the same track as the earlier case discussed here, the Court agreed that the U.S. Small Business Administration violated the Constitution by giving preference to minority- and women-owned restaurants.

Antonio Vitolo and his wife own a restaurant called Jake’s Bar and Grill. Vitolo is white, his wife is Hispanic, and they each own 50% of the restaurant. Of course, Jake could have gamed the easily manipuated SBA system by just handing his wife the extra 1%. The government requires small businesses to be at least 51% owned by women, veterans or “socially and economically disadvantaged” people to jump to the head of the line, because someone is presumed to be socially disadvantaged if they are a member of a designated racial or ethnic group. A person is considered economically disadvantaged if they are socially disadvantaged, and they face diminished capital and credit opportunities. In such a system, whether the business owner being given preference has actually been disadvantaged doesn’t matter. He or she is presumed to be disadvantaged. This nicely follows the circular logic of Critical Race Theory.

The group preferences are taken into consideration during the first 21 days in which the Small Business Administration awards the pandemic grants to restaurants. After priority applications submitted during that period are processed, the Small Business Administration processes grant requests in the order that they were received. That is, white men come last.

The 6th Circuit majority said Vitolo and his wife are entitled to an injunction forcing the government to grant their application, if approved, before all later-filed applications, and that their color and gender should be irrelevant. The government did not demonstrate a “compelling interest” justifying preferences based on race or sex.

Continue reading →

How Do We Stop This? Once Again, It’s Word-Banning Time At An Institution That Should Know Better

/ Jack Marshall / 11 Comments

Rutgers-Law-School-Article-202101111459

Not only is Ethics Alarms adamantly opposed to the current effort by the rising totalitarian Left to ban words on the grounds that they might be “hurtful,” I have taken a vow on the issue. I artculated it here, concluding,

“My pledge: I will regard all words in the English language as among the tools I have to speak with, write with, argue with, joke with, and most importantly, think with. I will gladly be accountable when I use any words irresponsibly, but I will not submit to efforts to drag me and my society into the world of Big Brother, by accepting efforts to literally eliminate any of my tools, or attempts to decree that some Americans can use certain words, and others cannot. Fuck that.“

That was in November of 2019. The post covered several unethical examples of employees, writers and teachers being punished, even dismissed, for quoting the word “nigger” in circumstances where no one could possibly conclude that the word was being used by the speaker to denigrate anyone. This incidents seemed so self-evidently ridiculous and such obvious incursions on the principle of free speech and expression that I, naive Pollyanna that I am, assumed that they were outliers and aberrations. Instead, such episodes have become more common in the year and a half since, and are given increasing validity as the shadow of The Great Stupid covers the fruited plain.

One can track many of the recent examples using the Ethics Alarms tag, “nigger.” And if you think you are “harmed” by a blog tag, I have some psychiatric facilities I can refer you to.

The latest of these has occurred at Rutgers, already a long-standing nest of woke insanity. A white first-year law student student at Rutgers Law School quoted a line from a 1993 U.S.Supreme Court decision, State v. Bridges, 133 N.J. 447. when discussing a case during a professor’s virtual office hours. The student was recorded, while discussing the circumstances under which a criminal defendant could be held liable for crimes committed by his co-conspirators, reading a quote from a defendant that first appeared in an opinion written by a former State Supreme Court judge, Alan B. Handler. “He said, um — and I’ll use a racial word, but it’s a quote,” the student said, “He says, ‘I’m going to go to Trenton and come back with my niggers.’”

In early April, in response to the incident, a group of Black first-year students at Rutgers Law began circulating a petition calling for the creation of a policy on racial slurs and formal, public apologies from the student and the professor, Vera Bergelson. “At the height of a ‘racial reckoning,’ a responsible adult should know not to use a racial slur regardless of its use in a 1993 opinion,” states the petition, which has been signed by law school students and campus organizations across the country. “We vehemently condemn the use of the N-word by the student and the acquiescence of its usage,” the petition says.

Continue reading →

Comment Of The Day: “Dispatch From ‘The Great Stupid'”

/ Jack Marshall / 8 Comments

nixon-tweet

I had a long list of topics I wanted to write about today, but I have been rendered mostly unproductive due to some malady or another. Luckily, and not for the first time, readers have come through with content at least as valuable as anything I could have generated. I already have backlog from the last two Open Forums, and some delayed Comment of the Day as well. I am very grateful.

This Comment of the Day is another from the frequently history-minded (and often pessimistic) Steve-O-in-NJ, and his subject is the bad ideas, an evergreen topic, focusing on the tweet above, which is more representative of the current drift of progressive thought (it one is generous enough to call it that). Only one previous post had the “bad ideas” tag: this one, on “fertility equality.” I bet there are a hundred more that should have it, like anything about making Kamala Harris Vice-President.

Here’s Steve:

The U.S. and the world have hosted some pretty bad ideas over time.

The tulip bulb bubble, the ancient astronauts theory (remember “Chariots of the Gods?”), phrenology, New Coke, the XFL, and Boston selling Babe Ruth to the Yankees were some of the more benign ones. John Maxwell’s execution of the leaders of the Easter Rising, Mao’s Great Leap Forward, and the National Guard opening fire at Kent State were some of the ones that were not so harmless. The Reign of Terror, where the Committee on Public Safety sent who knows how many to the guillotine for any reason or no reason, Pol Pot’s Year Zero, in which towns, money, religion, and private property were abolished and execution by clubbing to death by a pick or a hoe, also for any reason or no reason,, Petrograd Order No. 1 (mostly now forgotten) which de facto stripped military officers of disciplinary authority, causing the Russian military to collapse like a deflated balloon in the face of renewed German offensives, and Hitler’s crackpot racial theories were examples of instant disasters.

Continue reading →

Dispatch From “The Great Stupid”

/ Jack Marshall / 14 Comments

Few revolting developments on the political scene justify the last words in “Bridge Over The River Kwai” more than this:

Nixon tweet

However, if such crack-brained reasoning ever progressed to widespread public policy, the iconic end of another film classic would be a better diagnosis. Take it, Marlon:

Criticism of Nixon’s insane tweet will be brushed off by progressives and Democrats (who, if honest, would own it) on the grounds that Nixon, who ran for mayor of New York not too long ago (though it seems like eons) is an uber-woke socialist, and therefore not representative of “real” progressives. There are two problems with that dodge, however. Several Democrat-run cities are barely enforcing laws against shoplifting as it is, notably Great Stupid Central, San Francisco (or is GSC Portland? Or Seattle?), where, reports the New York Times, shoplifting is out of control because law enforcement isn’t controlling it:

“The mundane crime of shoplifting has spun out of control in San Francisco, forcing some chain stores to close. Walgreens said that thefts at its stores in San Francisco were four times the chain’s national average, and that it had closed 17 stores, largely because the scale of thefts had made business untenable.”

Continue reading →

Morning Ethics Warm-Up, 5/28/2021: Memorial Day Weekend Edition

/ Jack Marshall / 4 Comments

Jack Marshall Sr Army portrait

I’ll be visiting the Major (and Mom) at Arlington National Cemetery this weekend.

1. Well, let’s start the morning and end the week with evidence of progress…Mickey Callaway, the former manager of the New York Mets and recently fired pitching coach of the California Angels, has seen his baseball career implode because of what appears to be a habit of harrassing women in his workplace, which is Major League Baseball. Callaway, who has been banned from the game at least through 2022 after an investigation of the complaints made by more than five women, released a statement that is as close to a Level One apology on the Ethics Alarms Apology Scale as one is likely to see. That’s this one:

“An apology motivated by the realization that one’s past conduct was unjust, unfair, and wrong, constituting an unequivocal admission of wrongdoing as well as regret, remorse and contrition, as part of a sincere effort to make amends and seek forgiveness.“

Here’s Callaway’s version:

“My family and I fully support MLB’s strong stance against harassment and discrimination and are grateful to the Commissioner and his office for their thorough investigation. I apologize to the women who shared with investigators any interaction that made them feel uncomfortable. To be clear, I never intended to make anyone feel this way and didn’t understand that these interactions might do that or violate MLB policies. However, those are my own blind spots, and I take responsibility for the consequences.In my 25 years in professional baseball I have never taken for granted the privilege of being even a small part of this great game of ours. To say I regret my past poor choices would be an understatement. I remain hopeful that I can return to baseball when eligible at the conclusion of next season, but for now, I plan to work on my own shortcomings and repairing any damage I have caused with my colleagues and, particularly, my family.”

Joe Biden could have made that exact apology, without the baseball reference, of course. He never had to.

2. Incompetent question, perfect answer:

Monica tweet

Those are eye-roll emojis. Monica also gets points for brevity. She just missed tying author Victor Hugo for the record for shortest published message, in his case, a telegram to his publisher regarding the fate of his submitted manuscript for “Les Miserables.” Hugo wrote “?“. The publisher replied, “!“.

I won’t even take away ethics points from Monica for pandering to the Worst of the Woke by listing her preferred pronouns.

Continue reading →