Law & Law Enforcement

I Hearby Forgive Prof. Jonathan Turley For My Having To Toss My Completed “What An Idiot!” Post On Rep. Swalwell…

/ Jack Marshall / 18 Comments

Village idiot

…because Turley did such a superb job showing how ridiculous Swalwell’s lawsuit is. I couldn’t possibly compete.

I saw the note about Swalwell filing a a 64-page complaint against Donald Trump ( and Donald Jr., Rudy Giuliani, and Rep. Mo Brooks) alleging nine counts in tort ranging from negligent emotional distress (suffered by Swalwell) to negligence, in an “incitement to riot.” That news sparked three thoughts: 1) “What an idiot!” 2) “Who was the hack lawyer who agreed to file such a suit?,” and finally, 3) “This will be a fun post to write!” And it was, except that while I was formatting, editing and arranging tags, commenter Steve Witherspoon dropped me an email that said in part, “Did you read Turley’s blog post about Eric Swalwell posted a couple of hours ago? WOW!!!”

I hadn’t, I did, and “Wow!” indeed. It’s a tour de force.

The take-no-prisoners defenestration of Swalwell is unusually merciless for Turley, who begins,

“French philosopher Voltaire said he had only one prayer in life — “O Lord, make my enemies ridiculous” — and that it was uniformly granted by God. The answer to Donald Trump’s prayers may be Rep. Eric Swalwell (D-Calif.)”

Do read the post. And as you do, remember that the idiot Turley is writing about was hand-picked by Nancy Pelosi to be one of the House Managers in the second Trump impeachment trial. The University of Maryland School of Law must be measuring the heads of its board, administrators, alumni and faculty for paper bags to wear, because that school gave Swalwell a law degree.

Saturday Ethics Diversions, 3/6/21…And Remember The Alamo!

/ Jack Marshall / 16 Comments

Alamo morning

On this March date in 1836, after a 13 day siege, the Battle of the Alamo ended when a pre-dawn attack by the much larger Mexican force slaughtered the 200 (or more) Texan defenders, creating many legends—the line in the sand, Jim Bowie’s desperate fight from his sickbed, Davy Crockett battling on as the Mexicans poured over the walls of the fort— and an iconic symbol of American bravery, sacrifice, and resistance of tyranny. The final minutes of the defenders were spent in desperate hand-to-hand combat with knives, swords and clubs.

Thirteen days earlier, on February 23, Mexican General Antonio Lopez de Santa Anna ordered a siege of the Alamo Mission, near present-day San Antonio. It was occupied by rebel Texas forces. They spent the next two week ducking shells during the night and repairing the fort during the day. On the night of the 5th, however, there was no shelling. The exhausted men of the Alamo finally had a chance to sleep, and the Mexicans were almost inside the walls before they awakened. The bloody battle was over in less than 30 minutes. Several Texans reportedly surrendered, but Santa Anna ordered all prisoners executed, as he had promised when William Barrett Travis refused to surrender at the outset of the seige. Historians estimate that the battle cost Santa Anna between 400 and 600 soldiers, a high price for a fort with little strategic value. On April 21, 1836, Texas and Mexico fought again at the Battle of San Jacinto. This time it was the Mexicans who were surprised, and the rout won independence from Mexico and brought the Texas Revolution to an end.

I’ll be watching the 1960 John Wayne movie tonight. It is historically inaccurate in almost every way, but if there was ever an event in our history when the legend was more important than the reality, it is the battle of the Alamo.

1. It’s great to see that the news media and others have adopted a more fair and forgiving sta… Oh. Oh, right. “It’s amazing. Indian-descent Americans are taking over the country: you, my vice president, my speechwriter,” President Biden told Swati Mohan, NASA’s guidance and controls operations lead for the Mars Perseverance rover landing. Imagine the reaction from Democrats and pundits had the previous President said that. It would have been a story for weeks. The episode would have been cited any time one of the Trump Deranged was asked to defend the hardy Big Lie that Trump was a racist. Now that Joe Biden is President, the office is back to having the benefit of a presumption of good will, which is necessary for any President to do his job. About the only people mentioning Joe’s latest—read his quote with Jews or “blacks” in place of “Indian-descent Americans”—are bitter conservative pundits, and people like me, who foolishly believe that the same standards should be applied regardless of race, creed, gender or political affiliation.

Continue reading →

When Ethics Fails, The Law Steps In, And Often Makes An Ass Of Itself…

/ Jack Marshall / 1 Comment

Greg-Abbott

There is no excuse for this:

Abbott tweet

Well, let me clarify that a bit. Anger, frustration, outrage at the open attack on democracy and a level playing field in the marketplace of ideas are all legitimate reasons for someone to default to “there ought to be a law!,” but there is no excuse for elected officials like Abbott and Texas legislators displaying such ignorance of the Bill of Rights.

Stipulated: what Big Tech and the social media platforms are doing right now, deliberately and brazenly attempting to slam their fists down on the scales of democracy to make it as difficult as possible to communicate opinions, news and other expression that our rising woke dictators find inconvenient, is a genuine threat to the nation’s values and existence. However, those same values will be weakened if laws mandating companies to be fair and ethical undermine the First Amendment. As the giddy AUC and my Trump Deranged Facebook friends immediately reply to any criticism of the growing censorship of conservatives and especially President Trump, a private company has a nearly absolute right to decide who has access to its free services. As the social justice crusaders don’t say, but prove every time they make this kneejerk observation, they are thrilled to see their fellow citizens muzzled this way, since it advances their own interests. Big Tech and the social media companies have the right, but it is not right for them to abuse it this way when they have so much control over public debate and information.

Continue reading →

Pre-Weekend Ethics Prep, 3/5/2021: Obama Disses Pete, John Defends The Redcoats, Harvard Beats Crump, And Zoom Strikes Again

/ Jack Marshall / 9 Comments

Massacre-jpg

1. Today this post, from two years ago, is suddenly getting a lot of views. The reason: there was a resolution of the long-shot law suit by the descendants of two slaves in photographs owned by Harvard University. The slave’s descendant, Tamara Lanier, had employed Benjamin Crump, legal race-hustler without peer, to sue on the Hail Mary theory that

“the images are the “spoils of theft,” because as slaves Renty and Delia were unable to give consent to being photographed., and that Harvard is illegally profiting from the images by using them for “advertising and commercial purposes.” By keeping the photos, the lawsuit claims, Harvard has perpetuated the hallmarks of slavery that prevented African-Americans from holding, conveying or inheriting personal property.”

Sure, Ben….from the post:

“Harvard and other universities set themselves up for this by caving to historical airbrushing demands by the students they have helped indoctrinate, such as when Georgetown University established a policy giving an edge  in admissions to descendants of slaves who were sold to fund the school. I would say they have this coming and let them sleep on the bed of nails their laziness and cowardice have made, but therein lies a real danger. Harvard, which of late has been devising and defending one bad progressive idea after another (like discriminating against Asian Americans as Harvard’s own way of helping African Americans get admitted to the college), might just decide to be woke rather than responsible, and let Mrs. Lanier take the photos, thus setting a precedent with endless potential to cause havoc.”

Justice Camille F. Sarrouf of Middlesex County Superior Court this week acknowledged that the daguerreotypes had been taken under “horrific circumstances” but said that if the enslaved subjects, Renty and Delia, did not own the images when they were made in 1850, then their descendant who brought the lawsuit, Tamara Lanier, did not own them either.

Duh.

Continue reading →

It Wasn’t Censorship That Caused The Principal To Take Down The Student’s Transgender Essay…

/ Jack Marshall / 9 Comments

teaching-writing

Courthouse News Service reports that a March 2 opinion by the 4th U.S. Circuit Court of Appeals in Richmond, Virginia has ruled that the Anderson Mill Elementary School in Spartanburg County, South Carolina and its principal had not exceeded their authority to regulate school-sponsored student speech when they refused to distribute a student essay on a controversial topic.

At issue was an essay authored by a 10-year-old girl on the topic of transgender individuals. Thework was originally included in an essay collection placed in the student’s classroom and distributed to parents. The school principal ordered the essay to be removed, telling the girl’s mother that it was age-inappropriate and would upset some parents. The mother filed a lawsuit on behalf of herself and her daughter for a claimed violation of the First Amendment, naming the principal, the school and the school district as defendants.

The law is pretty clear on this point, and I suspect that this was a pro-trans rights grandstanding and virtue-signaling exercise by someone who has time on their hands and money to burn, and who found a lawyer wanting to make noise about alleged anti-transgender discrimination…which this incident was not.

I regard such lawsuits as unethical abuses of process.

Continue reading →

Mid-Day Ethics Supplement 3/4/21: It’s Constitution Day!

/ Jack Marshall / 4 Comments

us-constitution-01a

Not that the U.S. actually has a holiday memorializing the first day our fledgling nation began operation under the most important secular ethics document in world history, but our priorities are thoroughly messed up right now, as you no doubt know.

At the conclusion of the Constitutional Convention in Philadelphia on September 17, 1787, 38 of the 41 delegates signed the new U.S. Constitution. Article VII stated that the document would not be official until it was ratified by nine of the 13 states. Delaware, Pennsylvania, New Jersey, Georgia, and Connecticut quickly ratified it, but the other states, led by Massachusetts, opposed the Constitution for, among other things, its lack of protection for basic rights such as freedom of speech, religion, and the press, and the right to bear arms. In February of 1788, the states reached a compromise. Massachusetts and other states agreed to ratify the document with the stipulation that the amendments, eventually called the Bill of Rights, would be incorporated. On that basis the new Constitution was thus narrowly ratified in Massachusetts, Maryland, and South Carolina. On June 21, 1788, New Hampshire became the crucial ninth state to ratify. Government under the U.S. Constitution was scheduled to begin on March 4, 1789 and so it did.

On September 25, 1789, the First Congress of the United States adopted the 12 amendments to the U.S. Constitution called the Bill of Rights, prompting last hold-outs of the 13 original colonies, North Carolina and Rhode Island, to finally ratify the Constitution.

1. David Brooks take notice: This is how it is done.…Normally I would make this item a main post: From the Times today…

While serving as transportation secretary during the Trump administration, Elaine Chao repeatedly used her office staff to help family members who run a shipping business with extensive ties to China, a report released Wednesday by the Transportation Department’s inspector general concluded. The inspector general referred the matter to the Justice Department in December for possible criminal investigation. But in the weeks before the end of Trump administration, two Justice Department divisions declined to do so.

I have a personal conflict of interest in matters involving Ms. Chao, rendering it impossible for me to be objective regarding her conduct. Decades ago, my friend and mentor Tom Donahue at the U.S. Chamber set up a meeting with the then Bush Labor Secretary to discuss possible employment options and leads. To say that she treated me rudely would be a gross understatement. I have seldom been so unprofessionally treated in my life, and the extent of her abuse was signature significance: fair, ethical, good people don’t ever treat anyone that way, not even once.

You should read the article—the Times doesn’t pull any punches, since Chao is a) a Republican b) a Trump Cabinet member and c) Mitch McConnell’s wife—but I will mention this part, which I would have if I had never had a preview into the rottenness that is Elaine Chou, since its dishonesty and contempt for the public’s intelligence speaks for itself:

Ms. Chao had declined to respond to questions from the inspector general and instead provided a memo that detailed the importance of promoting her family as part of her official duties. “Anyone familiar with Asian culture knows it is a core value in Asian communities to express honor and filial respect toward one’s parents,” the September 2020 memo said. “Asian audiences welcome and respond positively to actions by the secretary that include her father in activities when appropriate,” it continued.

Continue reading →

Gertrude Stein Weeps: SUNY Student Owen Stevens Suspended For Writing “A Man Is A Man, A Woman Is A Woman” (And Other Controversial Views)

/ Jack Marshall / 6 Comments

gertrude-stein-rose

This is quite a story. It shows that The Great Stupid is still capable of getting more stupid. It shows that colleges and universities are determined to crush, not just dissent, but those who merely point out the inherent absurdity of progressive cant. It also shows that too many university administrators don’t read court opinions and don’t understand the First Amendment.

To take the last first, Owen Stevens, a contrary student at the State University of New York-Geneseo (SUNY-Geneseo), simply cannot be punished by the school for an Instagram posted video and his blog, no matter what they say, short of defaming or threatening a student or faculty member. What he did say in an Instagram post, “A man is a man, a woman is a woman. A man is not a woman and a woman is not a man,” is at worst a viewpoint, and really a fact. A state school can’t possibly get away with suspending a student 1) for non campus conduct, 2) for protected speech, or 3) for social media comments unrelated to the institution. It’s unethical, and it’s illegal. And, of course, it is stupid.

The email Owen received from the school (and quickly posted) is smoking gun evidence of an anti-speech, anti-expression, anti-dissent, indoctrination mindset infecting the school and corrupting its culture. Some students who did not agree with his positions reported the posts to the university’s administration like the good little totalitarians and fascists they have been raised and educated to be. The university’s administration then suspended Stevens from all field teaching programs, which are mandatory for education students. The school argued that his claims “call into question” a teacher’s requirement to “maintain a classroom environment protecting the mental and emotional well-being of all students.”

The school is wrong, disgusting, un-American, and dangerous.

“After review of all available materials, I find that, based on your continued public stance and social media presence, you do not consistently demonstrate behaviors required by the Conceptual Framework of the School of Education,” the Dean of the school of education wrote in an email to Stevens informing him of the suspension.

To get the suspension lifted, Stevens must complete a “remediation plan,” which involves deleting the posts on his Instagram account, reducing his social media presence, and attending a training he dubbed “re-education.” It implies that future teachers like Stevens must support “all forms” of gender identity. The email said that statement conflicts with the Dignity for All Students Act in the state of New York and SUNY’s inclusivity doctrine, which states that teachers should promote “a diverse campus community marked by mutual respect for the unique talents and contributions of each individual.”

The doctrine does not support viewpoint inclusivity, obviously.

The quote highlighted in the headline is not the only statement by Stevens that the Dean felt warranted punishment, though that’s the impression you will get from reading conservative media headlines. No, Stevens was busy on Instagram and his blog hitting progressive hot buttons. His website JustOwen.com features the American flag with the description “An American, Loving America”. There is a “Just Owen’ podcast too, which Stevens describes thusly: “I firmly believe that America is the greatest country ever. My podcast covers culture, politics, and life through the lens of a conservative and Christian man. Liberty, American values, and individuality are the greatest gifts that this country has to offer. Please subscribe to the show! I’d love to have you.” On Instagram, he has stated that abortion is murder, that Islam is violent, that Columbus should be honored, that “All Lives Matter” and that he disapproves of gay marriage.

The Horror.

He has a right to those views, the right to express them, and the right to do so without being persecuted by anyone, but especially a state institution.

Stephens is fighting all of this, and deserves the support of every American regardless of partisan leanings and ideology—except the fascists, of course.

Incidentally, there has been virtually no coverage of this dead canary by the mainstream media.

__________________

Sources: Daily Wire, MEAWW

Sunset Ethics Round-Up, 2/2/2021: The Narrative That Refuses To Die, The Weenie Who Whines From A Safe Distance, And Other Tales

/ Jack Marshall / 11 Comments

setting sun

Pop quiz! What’s the significance of the photo above?

It’s official: last month, February 2021 was the worst in Ethics Alarms traffic in five years, and last week was the worst non-holiday week in longer than that. I am at a loss to explain it, and I am going to stop obsessing about it. The comments are among the best and most erudite on the web, and I am confident that the quality and variety of content remains as high as ever.

1. Never give up that narrative! Over the weekend the Times had a puzzling news article telling us that the FBI had “zeroed in” on a suspect in the death of Brian Sicknick, the Capitol police officer who was falsely and repeatedly cited by mainstream media sources and the Trump prosecution in the impeachment trial as being “killed” in the riot or by rioters. The great discovery was that of a video showing someone in the crowd spraying pepper spray or bear spray on officers during the melee. However, as the article itself states, neither irritant is known to be fatal, and both the officers and the crazies were using it that day. Sicknick died of a stroke after the riot, and no link between his death and what occurred while he was trying to control the crowd has been established.

The usual course is to first establish that there has been a homicide, then to look for suspects. “Let’s see if we can pin this on someone” is not considered ethical. I predict that no one will be prosecuted for Sicknick’s death—not ethically, anyway.

2. Speaking of predictions: In yesterday’s post about Governor Cuomo’s apology, I wrote,

[T]he acid test for sexual harassment (and worse) is whether there are additional victims who come forward after the first one breaks the silence. Cuomo is now up to two. It’s a safe bet there are more.

Yesterday a third accuser came forward. Three usually is the tipping point at which even the most protective mainstream media hacks will finally turn on a Democrat. For example, I doubt that Justin Fairfax, the Lt Governor of Virginia, would have survived three rape accusers, but he’s a black Democrat, so the formula is a bit different. The Babylon Bee has it exactly right. Meanwhile, Jim Treacher writes,

Late night liberal “comedians” are finally jumping on the bandwagon to criticize formerly beloved New York governor, Andrew Cuomo. Taking the media’s lead, “Late Show” host Stephen Colbert suddenly found the scandal-embroiled Democrat was an easy target, after several women came forward alleging sexual harassment from the governor.

On his Monday night show, Colbert spent roughly three minutes mocking Cuomo as an “old man” pervert for his alleged creepy comments and behavior towards young women. This after, he spent 2020 grossly promoting the Democrat’s leadership and sex appeal.

These are awful people. They were prepared to ignore the thousands of nursing home deaths Cuomo caused and covered up while praising him as a brilliant pandemic leader (unlike President Trump.) Indulging in the kind of sexual harassment and assault that Joe Biden engaged in regularly while cameras were shooting is too much to bear, however. Now Cuomo is a monster.

Continue reading →

Regarding Governor Cuomo’s Apology…

/ Jack Marshall / 15 Comments

Schodengers douchbag

[I’ve been looking for a chance to use this expression for a while. It derives from the quantum mechanics paradox called Schrödinger’s Cat in which a hypothetical cat in a closed box may be considered simultaneously both alive and dead as a result of being linked to a contingent subatomic event that may or may not occur. I’ve really never understood the cat, but Schrödinger’s Douchebag I get.]

He was cornered, so the Governor of New York, already being buffeted by one serious scandal, decided to try to talk his way out of another one. Two staffers have gone on the record to accuse him of sexual harassment, and one of them related two instance of sexual assault (a kiss and a stroke on the legs). The Gov’s initial vague denials didn’t work, so yesterday the falling Democratic star tried a sort-of apology. Here is the statement:

Continue reading →

Another Reason We Must Always Have Capital Punishment…[Corrected After Many Failed Attempts]

/ Jack Marshall / 14 Comments

Lawrence Anderson

Sometimes monsters get loose.

That’s Lawrence Paul Anderson above. He has been charged with three counts of first-degree murder after he had been sentenced to 20 years in prison in 2017—just a few years ago— for a probation violation in a drug case. He was granted clemency last year by the Oklahoma Pardon and Parole Board as part of a mass commutation program. Then, about three weeks after his release, Anderson forced his way into the Chickasha, Oklahoma home of Andrea Lynn Blankenship, 41. He killed her, then he cut out her heart. .He then took her heart across the street to the house of his aunt and uncle , cooked it with potatoes (personally, I prefer my human hearts with rice, but different strokes…) and tried to feed it to them “to release the demons,” he said later. Then Anderson attacked the couple and their 4-year-old granddaughter, killing his uncle and the little girl by stabbing them. Anderson’s aunt survived the attack but suffered stab wounds to both of her eyes.

The district attorney in charge of the case, Jason Hicks, said during a news conference last week that he might seek the death penalty for Anderson. “When is enough enough?” Hicks asked. “We have put politics and releasing inmates in front of public safety.”

Democrats in Congress have introduced a bill to eliminate the federal death penalty. I had just finished reading a standard issue op-ed diatribe against the death penalty when I learned about Anderson’s rampage. A couple of weeks earlier, I had seen the documentary on the horrific Cheshire, Connecticut home invasion, which I described in this post:

Planning to rob the home of the Petit family, the two broke into their house and found William Petit sleeping on a couch on the porch. Komisarjevsky bludgeoned him with a baseball bat and tied him up, leaving him bleeding and semi-conscious in the basement. The two men locked his wife, Jennifer, and their daughters, Hayley, 17, and Micheala, 11, in their bedrooms, as the invaders gathered money and valuables. Then Hayes forced Jennifer, at gunpoint, to withdraw $15,000 from the family’s bank account. After they returned from the bank, Komisarjevsky raped Michaela, the 11-year-old, and Hayes raped her mother. William Petit managed to escape the basement while this was happening, and crawled to a neighbor’s house to get help. Hayes strangled Mrs. Petit, poured gasoline on her corpse, around the house, and over both daughters, who were tied to their beds. Then Hayes and Komisarjevsky set everything aflame. 17-year-old Hayley and 11-year-old Michaela died from smoke inhalation before they could burn to death.

Hayes and Komisarjevsky were convicted and sentenced to die; Hayes wanted his lawyers to cease appealing. But while their lawyers were fighting the verdict and after the public’s memories faded, the Democratic Connecticut legislature abolished the death penalty in the state.

Continue reading →