Law & Law Enforcement

Sunday Morning Ethics Warm-Up, 12/13/20: Sick Dog Edition

/ Jack Marshall / 11 Comments

SICK, PLAYFUL OR SCARED CAVALIER DOG COVERED WITH A WARM TASSEL BLANKET

This is likely to be short, because the Marshall household is distracted. Over the last 48 hours, some mysterious malady has attacked our sweet dog, and we are deciding whether to avail ourselves of one of the few 24-hour vet emergency services or wait until tomorrow. Thanks to the $$$#@!%! pandemic, anything is going to require hours of waiting, and this is a very bad day for that, as it is a work day here at ProEthics. Starting Friday night, Spuds started acting distracted and hyper, wanting to go out, not wanting to come back into the house, making weird yips and staring outside like the devil was lurking. He suddenly started lying down in strange places, and stopped seeking out his usual resting spots (laps, bed and sofas). At the same time, his pink skin where the fur is sparse looked pinker, his face started showing blotches, and little bumps showed up today on his head. Nose: cold; appetite: fine. He’s not listless: the opposite, in fact. But he’s clearly not happy.

Glad to see he’s adopted the Marshall canine tradition of only having medical emergencies on weekends, though….

1. Ethics Quote from African-American sportswriter Jason Whitlock in a recent column about racism, critical race theory and excuses:

We all love excuses — white, black, brown, yellow, whatever. People who love us, respect us, want the best for us, take the excuses away. The Liberal Construction Company does not love, respect or want the best for black people. That’s why liberals promote excuses for any black failure and disavow any excuse for white failure. If you can control a group’s expectations, you can control their level of success. A generation of black people have had their expectations diminished by Critical Race Theory. It’s a mental slavery, a Jim Crow for the mind.  

I’m not in denial of the existence of racism. I just reject using it as an excuse, and I refuse to fall for the clever marketing of racism’s primary proponents.

2. Andrew McCarthy, the former federal prosecutor turned legal analyst and pundit, shows again why he’s one of Ethics Alarm’s most trusted authorities with his article, “Supreme Court right to refuse to block Biden election — rejects absurd legal theory.” Of course, this is likely to be cited as one more reason for conservatives to abandon Fox News, which has been declared a traitor to the cause because of its admittedly strange coverage on election night.

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“Barr Worked to Keep Hunter Biden Probes From Public View During Election” Says The Wall Street Journal. “Good!” Says Ethics Alarms.

/ Jack Marshall / 5 Comments

William-Barr.

That’s exactly how the Justice Department should treat investigations that might come to nothing and yet could affect a Presidential election simply by the fact the investigation is occurring at all.

From the Journal’s s article, which came out two days ago:

“Mr. Barr was aware of the investigations involving Hunter Biden before the spring, the person said, though it isn’t clear when or how he first learned of the inquiries…Justice Department guidelines advise investigators against taking overt actions in a run-up to an election so as not to be seen as affecting the outcome.”

Huh. You’d never suspect that such guidelines ever existed from the ham-handed way the Obama Justice Department handled the Hillary Clinton email server investigation before that election. That time, the news media broke the story, and the investigation was first used as a way to mitigate the damage to the Obama administration’s candidate of choice, even to the extent of allowing the Attorney General in charge to stay in charge of it after the husband of the candidate whose conduct was being investigated—when that husband had appointed that Attorney General to a high post while he was President—openly attempted to lobby that AG while the investigation was taking place.

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The Long And Messy Ethics Saga Of Jim Thorpe’s Olympic Medals Continues

/ Jack Marshall / 4 Comments

Jim Thorpe

Whatever it is that is being sought for the late Native American athlete and icon Jim Thorpe, justice isn’t the right word for it.

My father told me about Jim Thorpe in one of his dinner table discourses when I was about 8. The story sure seemed unfair to me then. Thorpe (1887 – 1953), a full-blooded member of the Sac and Fox Nation, had finished first in the 1912 Stockholm Olympics pentathlon and decathlon events, becoming the first Native American to win a gold medal for the United States. Thorpe also played collegiate and professional football and professional baseball to earn a still current reputation as the most versatile great athlete in U.S. sports history. But Thorpe was stripped of his Olympic titles after it was discovered that he had been paid for playing two seasons of semi-professional baseball before competing in the Olympics, thus violating the strict amateurism rules that the Games then embraced.

How technical of those mean Olympics people. This misfortune for Thorpe has always been represented as a horrific injustice and an example of anti-Native American bigotry, but neither is true, and was never true. Thorpe wasn’t eligible for the Olympics under the rules then in place, and in place for what was then believed to be good reasons: the Olympics were for amateur athletes only. Thorpe wasn’t one. All of the arguments for why it was unfair for him to lose his medals (the silver medal winners in both events were bumped up to gold and the official records altered), including the way the story was told in the film biography of Thorpe starring Burt Lancaster, are based on sentiment and flawed ethical reasoning.

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The Smoking Gun: This is How The Election Was “Rigged,” And This Is Why The News Media Will Not Be Trusted Again, Unless It’s Trusted By Totalitarian-Minded Progressives To Support Single Party Power.

/ Jack Marshall / 36 Comments

statue-of-liberty-crying

Harsh? Not at all.

I wrote about this here, in general terms, but the almost complete media embargo and denial of the Hunter Biden laptop story in the days approaching the election was the latest and, arguably, the final and most effective embodiment of the degree to which the deck was unethically stacked against President Trump.

Yesterday, the proverbial other shoe— a big, noisy, smelly one with fecal matter all over the sole and stuck in the ridges so you have to dig it out while trying not to gag—dropped, as anyone honest, conscious and not in denial knew it would.

CNN reported,

After pausing in the months before the election, federal authorities are now actively investigating the business dealings of Hunter Biden, a person with knowledge of the probe said. His father, President-elect Joe Biden, is not implicated.

The last sentence is classic CNN partisan cover. Biden is implicated in lying about his son, what he knew about his soon, and enabling his son. Whether he will be implicated in actual crimes has yet to be seen.

Neo points to earlier CNN reporting of Crossfire Hurricane:

“The investigation was officially opened on July 31, 2016, initially due to information on Trump campaign member George Papadopoulos’s early assertions of Russians having damaging material on Donald Trump’s rival candidate Hillary Clinton. From late July to November 2016, the joint effort between the FBI, the Central Intelligence Agency (CIA), and the National Security Agency (NSA) examined evidence of Russian meddling in the 2016 United States presidential election. The FBI’s team enjoyed a large degree of autonomy within the broader interagency probe.”

Neo comments ruefully, “The FBI was busy investigating Trump’s campaign associates, based on things they knew to be lies, falsifying evidence in order to obtain surveillance warrants from FISA, and leaking like a sieve to the media, all in the fall of 2016 in order to destroy Trump. No pre-election pause for Trump; au contraire.

More of yesterday’s delayed revelations about Hunter:

Investigators have been examining multiple financial issues, including whether Hunter Biden and his associates violated tax and money laundering laws in business dealings in foreign countries, principally China, according to two people briefed on the probe.

Some of those transactions involved people who the FBI believe sparked counterintelligence concerns, a common issue when dealing with Chinese business, according to another source.

The investigation began as early as 2018, predating the arrival of William Barr as US attorney general, two people briefed on the investigation said. The existence of the probe will present an immediate test of Biden’s promise to maintain the independence of the Justice Department.

Sinclair Broadcast Group reported in October that the FBI had opened a criminal investigation into Hunter Biden. CNN has learned new details about the scope of the probe, including that it is focused on China.

Neo helpfully points us to links here, here, here, and here.

Piers Morgan, a CNN alumnus and certified Trump-hater, properly and neatly puts this in perspective:

Imagine if Trump had actually won fair and square and was now preparing to be inaugurated for his second term of office?

Then imagine that his victory was quite narrow, like Biden’s, and came down to a few thousand votes in the swing states?

And then imagine that just before the election, a major US newspaper had published an explosive story about his son Donald Trump Jr. based around the contents of his personal laptop that revealed extensive dodgy dealings with people from foreign countries, some very unfriendly to the United States, and which even suggested his father may have been involved in some of those dealings?

Now imagine that in this eventuality, and with none of the key elements of the story denied by the Trumps, 90% of America’s mainstream media deliberately refused to cover the story, and social media giants like Twitter and Facebook actively suppressed it altogether?

Finally, imagine waking up today to hear that rather than Hunter Biden being formally investigated by federal authorities from the Justice Department over his financial affairs, as is the case, it was Donald Trump Jr. And that the investigation has been ongoing since 2018 but was ‘paused’ in case it affected the election.And that it has looked at allegations of potential criminal violations of tax and money laundering laws. And that it is now in front of a Delaware Grand Jury with a view to indictment.

By now, some of you might be screaming that the election was ‘rigged’ and ‘stolen’ from Joe Biden, right?…who knows how damaging it might have been if this federal investigation into Hunter Biden’s finances had been revealed before the election, and the mainstream media had given it the full Hillary Clinton email treatment that many believe cost her the 2016 election?

I said at the time that the media’s abject failure to properly report the New York Post’s scoop about Hunter was a shameful dereliction of journalistic duty driven by the inherent liberal bias of much of the US media – and I said it as a liberal myself. Predictably, and equally shamefully, the media responded by then trying to censor me too: I was dropped from an appearance on Brian Stelter’s CNN media show after going on Fox News and lambasting news organisations like my former CNN employers for refusing to follow up the Post’s Biden exposé.

Well of course Morgan was dropped, because CNN’s “media watchdog” Brian Stelter is, and has been, and has been thoroughly exposed as being, a pro-mainstream media bias lapdog. Similarly, law professor, blogger and columnist Glenn Reynolds had his column “The Disgraceful Hunter Biden Cover-Up” spiked before the election, leading to his resignation from USA Today’s op-ed staff.

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Ethics Warm-Up, 12/8/2020: Yet Another Date That Lives in Infamy

/ Jack Marshall / 17 Comments

It’s not Pearl Harbor, but the assassination of John Lennon in Central Park 40 years ago today by a deranged fan is one of the saddest days in popular music history, on the level of the premature deaths of George Gershwin and Buddy Holly.

I really don’t want to talk about it.

1. Scary. The New Yorker’s Steve Coll wrote that”Those of us in journalism have to come to terms with the fact that free speech, a principle that we hold sacred, is being weaponized against the principles of journalism.” David Harsanyi writes at The National Review,

If you believe Americans are too stupid to hear wrongthink, transgressive ideas, and, yes, fake news, you’re not a fan of the small-l liberal conception of free expression. That’s fine. Those ideas seem to be falling into disfavor with many. But the sanctity of free speech isn’t predicated on making sure people hear the right things, it’s predicated on letting everyone have their say. Because as always, the question becomes who decides what expression is acceptable. I’m not keen on having the fatuous media reporters at CNN or activist “fact-checkers” at the Washington Post adjudicating what is and isn’t permissible for mass consumption…this kind of selective esteem for sacred ideals is becoming popular on the contemporary Left. Religious freedom is wonderful when the government protects Native Americans who want to smoke peyote, but it is “weaponized” when an order of nuns decides it’s not interested in chipping in for condoms or an Evangelical business owner decides he’d rather not participate in a gay marriage. Due-process rights are foundational to American life, unless they are being “weaponized” by college students accused of sexual assault….For four years, journalists acted as if Donald Trump was an existential threat to free expression because he berated and insulted reporters. Trump’s tone was certainly unpresidential, but it needs to be said that he did absolutely nothing to hinder anyone from criticizing him or reporting about him. Contra the self-canonized Jim Acosta, it was not a particularly dangerous time to tell the truth. Indeed, reporters were not only free to accuse the president of being a fascist, they could concoct entire fake scandals surrounding the Russians, and Trump was powerless to stop them….

As I will be saying for the next four years as often as possible: This is what those who voted for Joe Biden have endorsed in their determination to express their tantrum over a President whose style they found obnoxious. I really don’t know how they will be able to live with themselves.

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Morning Ethics Warm-Up, 12/7/2020: The Day That Will Live In Infamy

/ Jack Marshall / 80 Comments

Pearl Harbor

Today, of course, is the anniversary of the Japanese sneak attack on Pearl Harbor on December 7, 1941.

At 7:55 a.m Hawaii time, a Japanese dive bomber emerged out of the clouds above the island of Oahu. 360 Japanese warplanes followed in a devastating attack on the unsuspecting U.S. naval base at Pearl Harbor. The U.S. Pacific fleet was nearly obliterated: Five of eight battleships, three destroyers, and seven other ships were sunk or severely damaged; more than 200 aircraft were destroyed; 2,400 Americans were killed and 1,200 were wounded. Japan lost just 30 planes and fewer than 100 men. By the sheerest luck, all three Pacific fleet aircraft carriers were out of the harbor and at sea on training maneuvers, allowing the U.S. to use them to turn the tide of the Pacific war against Japan at the Battle of Midway six months later.

I always felt connected to the tragedy at Pearl Harbor through my father. At the dedication of the World War II Memorial in Washington, D.C., Dad introduced me to a veteran who had survived the attack, and just shaking his hand was a moving experience I shall never forget.

1. I’m glad I’m not a South Korean ethicist, because this would make my head explode. More than 200,000 young men each year​ have to interrupt their studies or careers in South Korea to join the military, for mandatory conscription is seen as crucial to the country’s vigilant defense against North Korea. Men must enlist for about 20 months once they turn 28. Last week, however, pop star Kim Seok-jin, the oldest member of the global K-pop phenomenon​ BTS​, turned 28 knowing that he could keep on singing, recording, touring and making money: South Korea’s Parliament passed an exception to the country’s Military Service Act​ to allow top K-pop stars like Mr. Kim postpone their ​military ​service until they turn 30.

There’s just no excuse for this classic “laws are for the little people” move, only rationalizations. “It’s a sacred duty to defend our country, but that doesn’t mean that everyone has to carry a weapon,” Noh Woong-rae, a senior lawmaker in the governing​ Democratic Party, ​said in a fatuous statement supporting the special treatment. The bill to craft pop stardom exception the Military Service Act was first introduced in September, after BTS became the first South Korean group ever to top the United States Billboard Hot 100 singles chart with its song “Dynomite.”

Here is the song that helps defend South Korea:

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From The “Bias Makes You Stupid” Files! Ethics Dunce: Legal Ethicist Steven Gillers

/ Jack Marshall / 2 Comments

A depressing theme throughout the Trump years has been the corruption of various professions as members once justifiably regarded as trustworthy abandoned their ethical obligations to become “resistance” allies. The professions thus tainted include judges, scientists, doctors and health professionals, lawyers, psychiatrists, historians, teachers and professors, university administrators, and of course the worst offenders, politicians and journalists. Maybe I’ve missed a few. One more profession that has to be included on the list, I’m ashamed to say, is legal ethicists.

In a post in 2017, I discussed the disgraceful filing of a frivolous and politically motivated bar complaint against then-Trump aide Kellyanne Conway by a group of law professors, some of whom are ethics specialists, and a few of whom I knew and respected. I wrote in part,

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Daybreak Ethics Warm-Up,12/4/2020: An Ancient Judge, A Non-Binary Actor, An Idiotic Team, An Icky Teacher, And An Absurd Columnist Walk Into An Ethics Bar…

/ Jack Marshall / 19 Comments

1. Political, not logical, honest or competent…Actress Ellen Page, 33, best known for her performance as the pregnant teen in “Juno,” announced this week that she was “non-binary” trans. “My pronouns are he/they and my name is Elliot. I feel lucky to be writing this. To be here. To have arrived at this place in my life,” she wrote. Immediately, Netflix began changing Ellen Page’s name to Elliot in the credits all Netflix movies and series she had participated in. Now, for example, the IMDb page for the Netflix original series “The Umbrella Academy” says Elliot Page was in the cast. This is being called an “update.” It isn’t an update. It’s a lie, and airbrushing history.

When Al Hedison starred as “The Fly” in the original horror movie, that’s who he was. Later, Al changed his name to David Hedison for some reason, and that was the actor we watched in “Voyage to the Bottom of the Sea,” Irwin Allen’s wonderfully cheesy Sixties TV sci-fi series, and as one of the many Felix Leiters in the James Bond films. They didn’t change his credit on “The Fly.” Nor do you see the name Jack Palance in the credits as the evil gunslinger in “Shane” In that film, the actor we now know as Jack was going by “Walter.” And that’s who he was…then.

Identities are not retroactive. Actress Linda Day had a substantial career in television before she met and married actor Christopher George in 1970. Thereafter, she performed under the name of Linda Day George, but no one changed her credits on the shows she had previously performed in as Linda Day, because Christoper George was barely a twinkle in her eye then. This isn’t hard. Netflix is rushing to retroactively alter history not because doing so is accurate or true, but to demonstrate that the company is “woke,” and thus supporting Page as well as trans people everywhere. It’s virtue-signaling, and a particularly dumb and misleading version of it.

Oh, I should mention that Olympic athlete Bruce Jenner was not Caitlyn Jenner when he won his Gold medals in male events. Olympic records were not changed to claim a falsehood and an impossibility.

2. “Was that wrong? Should I not have done that?” The New York Daily News reports that a Staten Island high school teacher, so far unnamed, was seen naked and masturbating during a Zoom conference this week.

Apparently he tried to invoke Rationalization #3, The Unethical Role Model: “He/She would have done the same thing,” pointing out that “Jeffrey Toobin did it!” (Kidding!)

As with Toobin, I don’t understand the thought process, if you could call it that, that could produce such conduct. I also don’t understand the various statements in the aftermath of the Staten Island incident as described in the story. It wasn’t clear if the teacher intentionally exposed himself or if the video call involved students, the Daily News noted. So what? The conduct is nuts and requires firing for cause either way. I suppose intentionally behaving like this on Zoom is a crime, or more likely, evidence of mental illness.

I also enjoyed the Captain Obvious aspect of the statement by the school:

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Once Again, Foes Of A Looming Progressive Dictatorship Are Depending On An Unethical Pol To Save Them

/ Jack Marshall / 25 Comments

insider_trading_ban

It would be nice if Senator David Perdue, one of two Republicans in Georgia Senate run-offs that will determine whether the Democrats’ last four years of sabotaging President Trump’s Presidency is considered a success or a failure, was an ethical, trustworthy official. But as if Perdue already didn’t have enough obstacles to winning re-election, like the ridiculous attempted boycott of the run-offs some Republican wackos are pushing (the boycott plan narrowly beating out holding their breath and setting their heads on fire as alternatives to voting), there is also this: he appears to be among the worst of Congress’s inside traders.

I’ve written a lot about this ongoing scandal. (The chart above is from one of the earliest posts.) The practice continues because both parties’ members make so much money from it that they refuse to police themselves adequately. Perdue is just the latest offender to come under public scrutiny. This time, the motivation for the exposure is the critical nature of the Georgia races, prompting the now open and obvious committed ally of the Democratic Party, the New York Times, to do a front page hit job on the Senator their Dark Masters have to destroy. But just as being paranoid doesn’t mean they aren’t out to get you, being biased doesn’t mean you can’t be right. The Times article about Perdue is damning, and not especially surprising, since I would believe the same of most members of Congress. This is literally sanctioned corruption, and has been for a long, long time.

From the Times article:

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Evening Ethics Exorcism, 12/2/2020: Boy, I Hate Thinking About This Stuff Before Bed…

/ Jack Marshall / 20 Comments

pazuzzu

1. This is too stupid to devote a post to, but too stupid to ignore. Some group of wackos calling itself the We the People Convention is advocating that President Trump invoke “limited martial law” and hold a new election by fiat. The group somehow scraped up the money to call for this in a full page Washington Times ad, not that the Times is a particularly prominent newspaper, but it is a conservative one, which I guess is why they thought it was okay to accept money for such junk. It isn’t.

As for the WTPC’s argument, it is based on bad history, bad law, and bad thinking. The press release “explains”:

The Ad compares the Extraordinary Executive actions implemented by President Abraham Lincoln in his efforts to save the Union during the Civil War and the literal civil war that is dividing our nation today. Without full confidence that our courts or Congress will indeed follow the 12th Amendment of the Constitution and defend our electoral process, the ad calls upon President Trump, like Lincoln, to exercise the Extraordinary Powers of his office and declare limited Martial Law to temporarily suspend the Constitution and civilian control of these federal elections in order to have the military implement a national re-vote that reflects the true will of the people.

Cue “Murder by Death”:

What the ad and petition are arguing for is wildly unconstitutional. Lincoln’s various excesses were also unconstitutional and among the most serious abuses of Presidential power in our history, but at least he had an actual Civil War to deal with. There is not, obviously, any “literal” civil war today. If something as unprecedented and nationally disrupting as a voided election and a do-over is going to happen (it won’t), it would have to occur through the courts, which is to say, through the rule of law.

The ridiculous, offensive, reckless and foolish suggestion would have probably received the scant attention it deserved had not, if what I have seem reported is correct, recently-pardoned Mike Flynn and pro-Trump lawyer Linn Wood, who looks and sounds more like Michael Avenatti every day, publicly endorsed it. (Wood is not a member of the Trump legal team, incidentally, though I keep seeing that reported.)

Well, shame on them both, but Flynn is a notorious loose cannon, and Wood, well, is Wood. Their approval won’t make the petition any less ridiculous, and their poor judgement reflects badly on nobody but themselves.

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