Law & Law Enforcement

Ethics Dunces: The 55 U.S. Senators Who Voted That It Is Constitutional For The Senate To Impeach A Private Citizen

/ Jack Marshall / 51 Comments

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Sen. Rand Paul (R-Ky) offered the obvious and obligatory point of order resolution that a Senate trial of a private citizen, that being former President Trump, is unconstitutional, which it unquestionably is. The resolution failed 55-45, with every Democrat voting for the measure along with five NeverTrump Republicans: Mitt Romney of Utah, Lisa Murkowski of Alaska, Susan Collins of Maine, Ben Sasse of Nebraska, and Pat Toomey of Pennsylvania.

This means that 55 U.S. Senators, all of whom took an oath to defend and protect the Constitution, have stated on the record that they will do no such thing. Yet their votes do not decide what is constitutional. The Constitution decides. Consider: not a single Democratic Senator had the integrity, independence and courage to declare that what the Constitution says is what the Constitution says, and that the U.S. Senate should not, indeed must not, ignore it to satisfy obsessive Democratic spite. Not one.

That’s one helluva party you got there, Joe.

In addition to that,

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History And Ethics #1: The Mad Butcher And Eliot Ness

/ Jack Marshall / 3 Comments

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Today in 1936, the dismembered body of Florence Polillo was found in a basket and several burlap sacks in Cleveland. She was the third victim in 18 months to be found dismembered with suspicious skill. The murderer was dubbed the “Mad Butcher,” and by the summer of 1938, the body count had reached double digits, and the body parts much higher. The Cleveland policee, desperate to find the Mad Butcher (also known as “the Torso , persecuted an actual butcher named Frank Dolezal, who was interrogated for 40 straight hours until he confessed to killing Polillo. It was a coerced confession, however, and he changed his story many times before committing suicide in his cell.

Then and today, nobody really believes poor Dolezal was really the Mad Butcher. His role was as an instrument of a cover-up. The real story is one of deception, privilege, and a conflict of interest involving an iconic law-enforcement figure, Elliot Ness.

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“The Terrible, Horrible, No Good, Very Bad Impeachment” Becomes An Ethics Fiasco: Ten Observations

/ Jack Marshall / 31 Comments

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In this post, “Nancy And The Terrible, Horrible, No Good, Very Bad Impeachment “—could it really have just been 12 days ago?—I wrote in part,

Nancy Pelosi came right out and said that her objective in impeaching Trump this time was to stop him from running again. That’s not what the Founders designed impeachment for. She’s admitting that this Congress and her party regard impeachment as just one more political stunt, like ripping up the State of the Union message, boycotting the inauguration, or nominating Kamala Harris. Worse, unless the Senate agrees to rush through a trial the way Pelosi rushed through the impeachment, Trump will already be out of office and a private citizen before he can be convicted—which he wouldn’t be anyway. The Constitution speaks of impeachment and the Senate trial as a means of removing a President, not as a device to say “I hate you! Ooooh, I hate you to pieces!” to an ex-President.

Thus it’s a joke. The first impeachment was a dud. Trump hasn’t been embarrassed, but Congress and the news media have been embarrassed and exposed as fools.

Not that they hadn’t been exposed as fools already.

But “Wait!”—as they say on infomercials–“There’s more!” And it only gets worse:

1. Since the impeachment vote in the House, further investigation of the attack on the Capitol and its time-line has shown that many of the participants had planned to storm the building in advance, in fact had begun preparations before the President addressed the protesters, and had begun to take action while the President was speaking on January 6. Thus the House’s impeachment theory that the President had incited a riot by providing a lit match to an obvious powder-keg is unsustainable n the facts: the powder had already been lit. Nor do the facts support the argument that the President intended to spark a riot, since the words of his speech never suggested violence or alluded to it.

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Incompetent Jealous Spouse Of The Millennium: “Leonora N”

/ Jack Marshall / 9 Comments

Never mind

This story is so, so stupid–but funny!— that I had to devote a whole post to it.

Mexican police report that a woman whose full name has been withheld out of kindness (I suppose) and known only as “Leonora N” was snooping around in her husband’s cell phone and found several photos of him being suspiciously affectionate with a younger, slimmer, more attractive woman. Outraged, the scorned wife attacked her husband with a knife as soon as he walked in the door, stabbing him repeatedly until he managed to get the knife away from her. Police responded to neighbors reporting screams and an altercation, and Leonora was taken into custody.

It turns out that the photos were of her husband with her, when Leonora N was younger, slimmer, and I assume—I hope— a lot smarter.

Wow.

What a moron.

Now, I know what you’re thinking. Nobody allowed to move around without a leash is this stupid. I’d be inclined to agree, but the police seem to buy the story, which both the husband and wife vouch for, and there is always this: never underestimate the awesome power of stupidity when it collides with blind emotion.

Sunday Ethics Irony, 1/24/2021: Now Remember, It’s The Trump Voters Who Are Deplorable

/ Jack Marshall / 24 Comments

In “Utopia,” the strange and violent Amazon series about a mysterious graphic novel that turns out to be both true and a coded guide to an upcoming pandemic, the diversity propaganda is so heavy-handed that it could knock out Godzilla with a left cross. Let’s see: all the good couples are mixed race. A middle -class black woman takes in troubled white children. A white husband and wife have a family including multiple black and Asian children, which you would think violates the good couples are mixed-race rule, but it’s a trick: that white couple is villainous, and their white children are too, tough the minority kids seem to be OK. A group of assassins appears to include only whites, and the main heroine is black, though her character in the graphic novel that everyone is chasing after is white. Her female mentor is white, but she is so covered in grime that she looks black. (Why isn’t that blackface?)

At what point does this become so forced and absurd that audiences object to it? None of the race obsession adds a thing to the story except weirdness, and trust me, “Utopia” needs no more of THAT.

1. Welcome to my world! Here is a submitted comment to this post: the proud idiot “RidenwithBiden” (Oooh, clever!) writes, “My God, an entire website dedicated the the sanctimonious and bottomless brainwashed hypocrisy of traitorous right wing nut jobs.”

2. Here are some Biden voters I have no sympathy with whatsoever…President Biden signed an executive order that will require institutions receiving Title IX funding to allow biological males who identify as female to compete in women’s athletic events. This should effectively kill women’s sports while making a joke out of “competition.” Women voted overwhelmingly for Joe Biden, a serial sexual harasser who was accused of rape on the record by a staffer, and he was clearly going to do this. Now feminists and women’s sports advocates are whining?

Bailey tweet

What betrayal? Sorry that you weren’t paying attention, but it was always obvious that the most extreme end of the LGBTQ lobby was pulling Joe’s strings. The one who betrayed female athletes were feminist voters. Own it, ladies.

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End Of Day Ethics Sighs 1/21/2021: Here’s Kamala! Here’s Batwoman! Here’s Your Newsmedia! And “Heeeere’s Johnny!”

/ Jack Marshall / 15 Comments

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A very good friend who is married to another very good friend posted yesterday that Kamala Harris’s swearing in as Vice-President moved him to tears, and the Facebook post instantly harvested about a hundred “likes” and “loves.” As God is my witness, as Scarlett used to say, I had to fight to restrain my self from writing on his page (since there is no “What the FUCK is the matter with you?” icon to click on), “Why, because she’s a woman with no qualifications to be President or Vice-President? Because she’s the first Indian-Jamaican VP, and you’ve always wanted one of those? Because she’s just the right skin-shade to pretend to be an African-American, when she’s not? Does it choke you up because she slept her way to political power, then locked up a lot of black men for drug crimes, then accused the U.S. of being racist because of “over-incarceration”? Or does any Democrat, even phonies and rank incompetents, getting power make you feel all misty inside and out? Really, I’m curious.”

Well, he’s a nice, good-hearted guy who has the political sophistication of a cheese, so I just shut up. However, his reaction is just incomprehensible to me.

1. Oh, look, now there’s black Batwoman. Yay. Isn’t this a little cliched and formulaic by now? Will every fictional character eventually have to be made black or have his or her race switched, and every male character get virtual transexual transitioning, to satisfy the Woke and Wonderful? Mikey (who liked Life cereal), is now a girl. Jake from State Farm is now black. Perry Mason’s Paul Drake in the new reboot is black. Inspection Lestrade, Sherlock Holmes’ ally, is black on the Netflix Holmes spin-off. (Watson became female in the TV show “Elementary.” And Asian!) A really bad movie made Ralph Kramden from “The Honeymooners” black; Norton too. On Broadway, when there was a Broadway, Alexander Hamilton and Aaron Burr were black, and they aren’t even fictional. Of course.The whole Ghostbusters team was turned female for the reboot (but still had only one black member). There is much, much more. Isn’t this lazy? Isn’t this boring? Don’t women, blacks and other minorities want to have their own popular and iconic characters rather than just taking over white or male ones? Why isn’t such fake “diversity” an insult? Aren’t hand-me-down characters like hand-me-down clothes?

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From The Ethics Alarms “What Were They Thinking?” Files: The Weiner Virus

/ Jack Marshall / 16 Comments

Blockhead

I don’t understand this kind of thing at all. I didn’t understand it when Anthony Weiner nuked his career; I haven’t understood it in similar cases before and since then. The current episode comes from the world of baseball, which apparently had a vote or something last year that all news about the sport had to be embarrassing until the stars turn cold.

Jared Porter, who labored in the trenches for the Boston Red Sox from 2004-15 (there was obviously another vote that all of the worst stories had to be connected to the team I’ve rooted for like a fool since I was 11) and finally scaled the metaphorical ladder and got his dream job, becoming general manager of the New York Mets last month. But the team discovered yesterday that in 2016, while he was was working for the Chicago Cubs in their front office, Porter sent graphic, uninvited text messages and images to a female sports reporter, includingso-called “dick-pics.”

Mets owner Steve Cohen said Porter was fired this morning. “We have terminated Jared Porter this morning,” Cohen wrote on Twitter. “In my initial press conference I spoke about the importance of integrity and I meant it. There should be zero tolerance for this type of behavior.”

Ya think?

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Law Vs. Fallacy: The Jurisprudence Of Justice Sotomayor

/ Jack Marshall / 14 Comments

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I haven’t been moved to do the research, but I would not be surprised if Barack Obama is owed the prize for the worst nomination for the U.S. Supreme Court ever to be confirmed by the Senate. That would be Sonia Sotomayor, the self-described “wise Latina” who was picked using the same criteria that led to Joe Biden choosing Kamala Harris as his VP: checking the right boxes. Obama was seeking a Hispanic judge (another first!) and a woman, but managed to choose a judge with weak credentials whose selection insulted better judges, female judges and Hispanic judges who were more qualified than her, and there were a lot of them. Since her confirmation, Sotomayor has introduced touchy-feely “compassionate” arguments exactly where they should never show their mushy heads: in Supreme Court oral arguments and opinions. Some of her opinions read as if they were composed by anyone with a law degree, though her law clerks are expert at stuffing them with the requisite number of case cites for appearances sake.

The latest example of Soromayor’s sentimental hackery was her dissent in the case of U.S. v. Dustin John Higgs, in which the Court, by a 6-3 vote (guess the three!) turned down the writ of certiorari of a man convicted of kidnapping and murdering three women, and sentenced to death. Justice Sotomayor began,

After seventeen years without a single federal execution,the Government has executed twelve people since July. They are Daniel Lee, Wesley Purkey, Dustin Honken, Lezmond Mitchell, Keith Nelson, William LeCroy Jr., Christopher Vialva, Orlando Hall, Brandon Bernard, Alfred Bourgeois, Lisa Montgomery, and, just last night, Corey Johnson. Today, Dustin Higgs will become the thirteenth. To put that in historical context, the Federal Government will have executed more than three times as many people in the last six months than it had in the previous six decades.

Such an approach is a logical fallacy called “appeal to emotion.” That’s not law, that’s sentiment, assuming one is moved to tears by the idea of multiple convicted murderers finally being executed after years of expensive appeals and stalls. Sotomayor seems to think the fact that the “Federal Government will have executed more than three times as many people in the last six months than it had in the previous six decades” and that it was 17 years before the Trump administration did what should have been done all along has more than trivia value. So what? The U.S. has a death penalty, and finally has decided to follow through on it. Good.

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The Supreme Court And Taylor Swift Ethics

/ Jack Marshall / 10 Comments

It is generally regarded as a sign of ethics, courage and character to take action “on principle.” In theory, this means that non-ethical considerations (like enrichment, power and popularity) are not the actor’s goals; making a statement for the enlightenment of society is. However, actions on principle can often be quixotic and even silly, causing greater damage, as well as wasting time and money, “on principle” than the message is worth. The folly was nicely illustrated in the ancient burlesque skit above known as “Pay the Two Dollars.”

The issue of how far it was reasonable to go “on principle” was recently explored, of all places, in the U.S. Supreme Court in the oral argument of the case Uzuegbunam v. Preczewski.

Chike Uzuegbunam, a student at Georgia’s Gwinnett College in Lawrenceville, was threatened with discipline under the school’s speech code that violated his and other student’s First Amendment rights. He sued the college but it quickly backed down, eliminating its speech restrictions and replacing them with one that allows students to “speak anywhere on campus and at any time without having to first obtain a permit.” State officials said the change made the case moot. A trial judge agreed, and the United States Court of Appeals for the 11th Circuit, in Atlanta, affirmed her ruling.

Uzuegbunam and his student supporters, however, felt strongly that an official declaration that their rights had been violated was important, and they appealed on the grounds that they should be able to pursue their case for nominal damages. This was the issue that got the case before SCOTUS.

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Evening Ethics Night-Cap, 1/18/2021: What A Terrible Bunch Of People!

/ Jack Marshall / 12 Comments

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1. Wow. Now that’s a sex scandal even in France! Olivier Duhamel, a prominent French political scientist, radio show host and television commentator has quit his media and university posts after being accused of committing incest with his teenage stepson more than 30 years ago. His resignations included the Sciences Po university, where Duhamel, now 70, headed the body overseeing the renowned Paris institution. A book called “La Familia Grande,” just published and written by one of his stepchildren, revealed that Duhamel abused her twin brother beginning when he was 14. The brother told the news media, “I confirm that what my sister has written about the actions of Olivier Duhamel toward me is correct.”

Addressing her step-father directly in the book, Camille Kouchner wrote: “I am going to explain to you who sound off on the radio, you who offer the gift of your analysis to students, and strut about on TV stages. I am going to explain that you could, at least, have said sorry.”

Now there is a #MeToo-style incest movement in France, #Metooinceste, with over 20,000 tweets so far posted on accounts of people who say they had been sexually abused as children by adult family members.

2. This would be pretty embarrassing, if only the news media had the integrity to point it out. DC AG Karl Racine pronounced himself outraged that anyone would compare the Black Lives Matter riots to the Capitol riot. Last week, Racine called comparisons (accompanied by accusations of double standards and hypocrisy), “shocking and outrageous.”

Right. The BLM riots resulted in at least 8 dead, hundreds of wounded officers, and over $2 billion in damages. The D.C. installment of the riots attacked the White House and injured 150 officers. 60 members of the Secret Service’s Uniformed Division were injured holding off the mob while President Trump and his family were taken to a bunker. 65 Park Police officers were wounded and 11 had to be hospitalized, as compared to the January 6 toll of 60 Capitol Police and 58 D.C. cops injured.

One difference is that Democrats and the media accused police of violently assaulting “peaceful protesters” instead of condemning the BLM mob whose members threw bricks, bottles, fireworks, and bodily fluids at law enforcement officers. The BLM rioters set the White House gatehouse and the Church of the Presidents on fire. D.C. Democrats responded by demanding law enforcement leave and naming a plaza “Black Lives Matter.”

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