Law & Law Enforcement

Sunday Ethics Peeps, 3/28/21: “Hey, Everybody! Free Gym Memberships!”

/ Jack Marshall / 35 Comments

Peeps

1. Speaking of useless awards shows: Here are the winners of the NAACP Image Awards, presented by Black Entertainment Television, which raises questions all by itself. Now someone explain to me how such awards are helpful, productive, and justified in the United States of America in 2021. As hard as I try, I cannot think of any words but hypocrisy, apartheid, and double standards.

I’d really appreciate an argument from an African-American reader.

2. An ethical firing at USA Today. After Ahmad Al Aliwi Alissa shot up a supermarket in Boulder, Hemal Jehaveri, who held the Orwellian post of “Race and Inclusion Editor,” proved her qualifications by tweeting “It’s always an angry white man, always.” This did not go over well, for several reasons.

Race tweet

First, “it” isn’t “always” a white man. Second, this particular shooting appears to be based on religious and ethnic hate, not race. Third, for a “race and inclusion” editor to announce racial bias of her own on social media would seem to be immediately disqualifying. Fourth, as a journalist, she needs to be trusted, and not tweet out false information on a whim.

Fifth, she’s a biased idiot.

She was fired. Good. Now she’s claiming that her firing was race-based:

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If A Saturday Ethics Warm-Up Posts And Nobody Reads It….3/27/2021

/ Jack Marshall / 43 Comments

Tree falls

Ah, Saturday! When about 12 people seem to be interested in ethics….when traffic falls off to a trickle here after noon…when it’s even more discouraging posting now than before the post 2020 election crash…when I get to read websites with hordes of visitors post about issues I posted on here days ago….when writing the blog seems even more futile and pointless that it usually does.

1 Here’s some good news…at least one Hollywood star knows her limitations. Aging sex-symbol and “Avengers” star Scarlett Johansson is apparently secure enough, brave enough or dumb enough to tell her colleagues, as they need to be told, “Shut up and act.” She said in interview with “The Gentlewoman,” a British magazine,

“I don’t think actors have obligations to have a public role in society Some people want to, but the idea that you’re obligated to because you’re in the public eye is unfair. You didn’t choose to be a politician, you’re an actor. Your job is to reflect our experience to ourselves; your job is to be a mirror for an audience, to be able to have an empathetic experience through art. That is what your job is. Whatever my political views are, all that stuff, I feel most successful when people can sit in a theater or at home and disappear into a story or a performance and see pieces of themselves, or are able to connect with themselves through this experience of watching this performance or story or interaction between actors or whatever it is. And they’re affected by it and they’re thinking about it, and they feel something. You know? They have an emotional reaction to it – good, bad, uncomfortable, validating, whatever.That’s my job. The other stuff is not my job.”

Thank-you. What she neglected to say was that shooting off their generally under-informed mouths about political matters actively undermines their jobs, thanks to the power of cognitive dissonance. For example, I literally cannot stand watching any film with Alec Baldwin or Robert De Niro in it at at this point. Their characterizations, no matter how well performed, are drowned out by their obnoxious public declarations.

2. As the Star-Tribune attempts to intimidate the Chauvin trial jurors.…the home town paper for the trial published this detailed set of profiles of the jurors, leaving all the cues necessary to doxx them. This just creates one more obstacle to a fair trial. The judge was asleep at the switch in handing out gag orders: with at least one potential juror dismissed because she was afraid of community reaction to a “not guilty” verdict, it was reversible error to allows this much information about the jury to get to the news media, which we know is both rooting for a guilty verdict and doing all it can think of to facilitate one.

The most recent Associated Press report on the case, like most mainstream media stories relating to Floyd, never mentions Floyd’s drugged-out condition, nor his Wuhan virus infection. He was killed by the knee of a racist white cop, and the only question in the trial is whether that racist cop will get the conviction he deserves. This is how most Americans understand the case.

Does the news media want riots?

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Rainy Day Ethics Puddles, 3/24/2021:

/ Jack Marshall / 24 Comments

1 Shut up or be funny. For some reason, the fact that Monday’s “Late Night with Seth Meyers’ included a gratuitous and facile lecture by the host about gun control legislation was plastered all over the progressive news media as if he had begun speaking in tongues or channeling the ghost of Emily Dickinson. I hate to be a spoil sport, but who cares what Seth Myers thinks about gun control? He’s a comedian and a comedy writer, and has been nothing but since college. Again, he has no brief to lecture anyone on that topic: he has his job to be funny, and the show he hosts is, theoretically at least, a comedy show. Did Julia Child ever lecture her PBS audience about U.S. nuclear policy while explaining how to cook an omelette? No. Did Walter Cronkite ever break into knock-knock jokes during The CBS Evening News? Never. Did Andy Williams ever pause in the middle of “Moon River” to deliver his analysis of a Presidential campaign? Absolutely not.

Myers has a right to his opinion, as sophomoric and echo chamber-nourished as it may be (he was pimping for “common sense gun laws,” which is what people say when they have no idea what laws will stop the criminal use of guns, but want us to “do something”), but it is arrogant and presumptuous to perform a bait and switch on his audience, which doesn’t come to his show for public policy wisdom. If they do, he has an ethical obligation to make it clear that they shouldn’t. As far as I can tell, Myers knows zilch about law, guns, government, or the Constitution, yet he presumes to use a vehicle awarded to him only because of an alleged gift for topical humor (personally, I don’t see it) for political advocacy.

Be funny, get educated, run for office, or shut up, Seth. And incidentally, there are not mass shootings “three or four times a week” and never have been. In a single atypical week, there were two mass shootings, and no Constitutional gun laws are likely to have stopped either of them.

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Ethics Quote Of The Week: Prof. Jonathan Turley

/ Jack Marshall / 24 Comments

“Not only could Chauvin be acquitted or left with a hung jury, but the impact could be the collapse of all four cases. That will be up to the jury. But if there is violence after the verdict, it will be far worse if the public is not aware up front of the serious challenges in proving this case.’

—Prof. Jonathan Turley in a column for The Hill, explaining that a conviction for Derek Chauvin in the George Floyd murder trial in Minneapolis is far from certain despite the news media refusing to inform the public of that fact.

As is too often the case, Turley professorially states a critical fact without appropriate indignation regarding its implications. Not only has the news media, in Turley’s words, “failed to shoulder their own burden to discuss the countervailing evidence in the case, ” it has done so because “there is a palpable fear that even mentioning countervailing defense arguments will trigger claims of racism or insensitivity to police abuse.” What are these, children? Journalists are supposed to be professionals. Yet Turley says—correctly, unfortunately—they they are deliberately misleading the public, and making a violent reaction to the eventual verdict in Chauvin’s trial more likely by feeding a false narrative rather than conveying essential facts.

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Just Bake The Damn Cake, Jack!

/ Jack Marshall / 35 Comments

trans cake

Jack Phillips, the stubborn Christian baker who owns Masterpiece Cakeshop in Lakewood, Colorado, is being sued again, this time because he refused to make a custom cake celebrating a clients’ gender transition. In 2012, the baker refused to bake a custom cake for a same-sex wedding and was accused of unlawful discrimination on the basis of sexual orientation.

In Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018), the Supreme Court ruled 7-2 for Phillips overturning the decision of the Commission on the grounds that it was obviously biased against him as well as devout Christians. One commissioner even compared Phillips’s invocation of his Christian beliefs to justify rejecting the cake design to defenses of slavery and the Holocaust. Yeah, I remember that the Nazis were really unreasonable about cakes. SCOTUS never reached the constitutional question of whether the government can compel people to create speech or artistic expressions they object to on religious grounds or otherwise.

If a custom cake design is art, then I think the answer to this is easy: no. Similarly wedding photographs, though if you used what we got from our wedding photographer, calling them “art” is a stretch.

With a conservative Supreme Court, the baker wins. And yet…

The first time around, after finally getting all the facts, I held that both Phillips and the gay couple who obviously targeted him to bend him to their will were being jerks. My position hasn’t changed a bit. I wrote here,

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Morning Ethics Warm-Up, 3/23/2021: Shots

/ Jack Marshall / 12 Comments

This morning served as a perfect example of how the news is now automatically politicized and prioritized for partisan ends. On CNN, a panel was discussing the mass shooting in Boulder. Colorado, and instantly transforming the segment into gun-control mass rant. On Fox, the crisis of the day was the chaos at the border, where the virtual open-borders policies everyone—including those planning to be illegal immigrants—knew would come in along with the Biden administration is having the predictable effects. That segment was a diatribe against the wink-wink, nudge-nudge Democratic enabling of uncontrolled immigration.

CNN wins in the closely contested dubious ethics category by having “contributor” Andrew McCabe on the panel. McCabe epitomized the FBI’s corrupt and partisan efforts to injure the Trump Administration from within; he leaked information to the media and lied about it; he was fired, and deserved to be. McCabe’s high-profile anti-Trump conduct was sufficient to get him a gig on CNN, where being part of “the resistance” is all one needs to endear oneself to the Trump Deranged.

McCabe should have lost his law license, as any attorney who leaks confidential information should, and personally, I wouldn’t trust him to walk my dog.

1. You want to be paid $15 an hour for doing a job this poorly? This morning, having been forced to get up and move my car at 7 am, I decided to drive to the local McDoanld’s for my favorite guilty morning pleasure, a sausage biscuit and some hash browns. For once I could understand the heavily accented woman on the intercom, and I made a clear and distinct order. But given false security by this unusual development, for the first time in a long while I didn’t check the bag—this McDonald’s bats about .500 in getting orders right—and sure enough, when I arrived home, I found an Egg McMuffin instead of a sausage biscuit. I hate Egg McMuffins.

This isn’t brain surgery. I know it’s a crummy job, but it is what they are being paid for. Don’t tell me someone who is that inattentive deserves “a living wage.” Pay them for not working, if you foolishly want to treat them as charity cases; at least then they aren’t getting rewarded for doing a job badly.

2. Why can’t McDonald’s work this efficiently? My experience getting my first Wuhan virus vaccination (in Alexandria, Virginia) was excellent. The elaborate process, staged at a middle school about five minutes from my home, was well-planned, cheerful, and quick, even on a Saturday with long lines. I must have personally thanked ten volunteers.

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Perhaps The Strangest Unethical Prosecutor Story Yet

/ Jack Marshall / 3 Comments

doordash

I have written about over-zealous prosecutors and incompetent prosecutors. I have written about a prosecutor who moonlighted as a dominatrix and another who moonlighted as an NFL cheerleader; a prosecutor who helped his drug-dealing prepare nickel bags, and a prosecutor who faked sleeping during trials to distract the jury from a defense attorney’s closing argument. However, I never thought I would see this.

Greg Shore, the first assistant district attorney in Bucks County, Pennsylvania, not only moonlighted as a delivery driver for the online food ordering company DoorDash, he did so during his work hours as a prosecutor. As in, “I’m sorry, I can’t work on my closing argument right now, I have to get this Chinese food order across town, stat.” Or “Hey, thanks for the barbecue delivery–wait! Aren’t you the guy prosecuting the man who raped my wife?“

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Mid-Day Ethics Alarms, 3/22/2021: A Wonderful Father And A Judge Sees The Light, Though Others Not So Much…

/ Jack Marshall / 6 Comments

Alarms2

1. Spitballing ethics? When everyone is throwing out ideas—you know, “Just say whatever crazy thing pops into your head, don’t worry whether it’s a good idea or a bad idea, just let ’em rip!” is it fair later to hold someone to account because a discarded idea was offensive or politically incorrect? I tend to think not.

Hiroshi Sasaki, the creative director for Tokyo Olympics, was participating in a brainstorming session about the opening ceremony with members of a committee a year ago, and at one point suggested that a popular overweight female Japanese comedian and plus-size fashion designer, Naomi Watanabe, be costumed in pig ears, perhaps a snout and curly tail, and parachute out of the heavens as an Olympic messenger: “Olympig.”

No? OK, bad idea. Let’s move on. The inspiration received immediate negative reviews in the private meeting, but when the president of the Tokyo Olympic organizing committee, Yoshiro Mori, 83, resigned this year after saying that women talk too much in meetings, the year-old conversation about “Olympig” was recalled in an article on the website of “Shukan Bunshun,” a weekly magazine. Yes, one of Sasaki’s trusted colleagues had talked. (That’s an easy call: Unethical.)

So you know what comes next, right? Groveling. “Now many people know what I wrote. I cannot apologize enough to Ms. Watanabe,” he said, adding that he was a big fan of hers. “I have been trying not to hurt others by making fun of diversity, gender and physical appearances. But it was a great misunderstanding. I realized my low consciousness and insensitivity.” He resigned.

Now you know that at least for now, when someone says to just suggest whatever pops into your head, no filters, no fear, don’t.

On the positive side, it’s comforting to know that The Great Stupid isn’t just an American phenomenon.

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Ethics Hero Emeritus: Shelia Washington, 1960-2021

/ Jack Marshall / 9 Comments

Shelia Washington

Shelia Washington is a sterling example of how a dedicated, passionate citizen can repair gaping wounds in history and law.

Washington died last month, but not before fulfilling a self-assigned mission. She accepted that mission at the age of 17, when, as a native of Scottsboro, Alabama, she found a book hidden under a mattress at her home while she was doing some cleaning. Her stepfather told her to hand it over. “You don’t need to know about that,” he said. “Just keep quiet about this now.” The book was “Scottsboro Boy,” a 1950 memoir by Haywood Patterson, an innocent young man who was convicted four times by all-white juries and sentenced to death three times.

Washington did not obey her stepfather. To the contrary, Washington set out to obtain posthumous justice for the nine young black men known as The Scottsboro Boys, who were falsely accused of raping two white women in 1931. They were subjected to many trials at the height of the Jim Crow era, two reaching the U.S. Supreme Court. The ugly story of the Scottsboro Boys became the country’s most sensational civil rights case up to that point. Their tragic story later inspired feature films, documentaries, a Broadway musical, and was a factor in shaping the plot of Harper Lee’s 1960 novel, “To Kill a Mockingbird.”

Yet how many Americans today can tell you anything about The Scottsboro Boys?

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Saturday Morning Ethics Warm-Up, 3/20/2021: Trans Swimsuit Models And Powerlifters, And The Purge Of The Stoners

/ Jack Marshall / 13 Comments

late rabbit

Finally! Back on schedule! I was beginning to have trouble coming up with new names for non-warm-ups that got posted in the afternoon or later…

1. President Joe Biden fell a couple times boarding Air Force One. The video has led many wags to ask if this would prompt Saturday Night Live to give him the Gerald Ford treatment. Those of a certain age recall the running gag in the immortal first season of the now creaky weekend satire show, where then-President Ford was portrayed as a slapstick klutz on nearly every episode.

Of course it won’t, for several reasons, some ethical, some not. SNL is now almost exclusively a partisan vehicle for humor-based propaganda, and after 8 years of seldom daring to target President Obama and four of mocking President Trump, repetitiously and badly, a return to past standards of equal opportunity mockery is unlikely. Biden is a Democrat. Also, in the case of Ford, the gag was just a gag: Ford was a fit former athlete who just had a couple of well-publicized stumbles. Representing him as a clumsy boob was only silly. Biden, in contrast, has been falling apart mentally and physically before our eyes, and is 78 years old. In his case, such ridicule would not just seem cruel, it would be cruel. Biden’s decline is also scary, as the awful Kamala Harris sits cackling in the wings. There is nothing funny about the whole situation.

2. Speaking of the least democratically-chosen President-in-waiting since Gerald Ford, Harris, in one of her many idiotic statements while trying (and failing) to get nominated for President on her merits, admitted to past illegal marijuana use and advocated it, saying, “I have [smoked marijuana]. And I inhaled. I did inhale. I think it gives a lot of people joy. And we need more joy in the world.” Heroin and child rape also give quite a few people joy, but never mind: Harris had the right skin-tone and chromosomes, and that’s all that matters, apparently. In light of her confession, this story is incomprehensible:

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