Law & Law Enforcement

The Breonna Taylor Non-Indictments [Updated]

/ Jack Marshall / 19 Comments

We’ll see just how much Facts Don’t Matter in the Breonna Taylor fiasco aftermath. I heard shameless race-huckster Ben Crump speaking on TV, and when he started blathering on about 1619, I changed the channel to a re-run of “The Andy Griffith Show.” As a friend says, memorably but grossly, “There is some shit I won’t eat.” The sentiment is apt here.

The Kentucky grand jury did not indict current and former police officers for the shooting death of Breonna Taylor, though her name has been prominently linked to that of George Floyd and others during the promotion of protests and rioting in the George Floyd Freakout. As with Floyd, there was no evidence of racism in the death of Taylor, other than the fact that the three cops involved are white and she was black. That’s enough for the presumption or racism to stick, as we have learned in other cases, thus “justifying” Crump’s pronouncements.

Taylor, a 26-year-old EMT, was sleeping in her apartment on March 13 when police officers Jonathan Mattingly, Myles Cosgrove  and Brett Hankison, operating with a no-knock warrant that was mistakenly processed, burst in. Taylor’s boyfriend, Kenneth Walker, thinking that the apartment was being invaded, shot at them, and they returned fire. Taylor was accidentally killed by a bullet from Cosgrove’s gun in the crossfire, and five other bullets struck her as well.

Kentucky Attorney General Daniel Cameron held a  press conference after the grand jury’s decision was announced, explaining that because Walker fired first, Cosgrove and Mattingly were “justified in their use of force after having been fired upon.” The result was pre-ordained from the beginning unless prosecutors violated all ethical standards and pushed the jurors to indict the officers for Taylor’s death anyway as a sop to Black Lives Matters and an attempt to stem the violence likely to follow if the officers weren’t sacrificed to the mob.

I, legal experts, and anyone paying attention  doubted that the grand jury would or could return murder indictments on this set of facts. The 12 jurors did return three counts of wanton endangerment in the first degree against Officer Hankison for shooting his gun into the apartment next to Taylor’s, but that is unlikely to calm the fury of those who want to riot on general principles, if you can call “I’m mad as hell and I’m not going to take it any more!” a principle. Continue reading →

Ethics Warm-Up, 9/21/2020: The “Waiting To Hear What Democrats Will Threaten Next” Edition.

/ Jack Marshall / 17 Comments

Does anyone else find it remarkable that Democratic Party leaders aren’t the least concerned with how reasonable Americans might react to them talking like mobsters and thugs? Yesterday, Nancy Pelosi seemed to say that they might impeach the President if he nominates a judge to replace Justice Ginsburg. I suppose it’s comforting that the party is finally being open about the fact that it now regards impeachment as a pure partisan weapon, but how do you you threaten impeachment if a President fulfills his constitutional duties? For that matter, how can Democrats scream that the late Justice’s “dying wish” must be respected when it would require contradicting her statement about final year SCOTUS nominations: “The President is elected for four years, not three. So the powers that he has in year three continues into year four… and that’s how it should be”?

Well, it’s a rhetorical question, of course. Democrats have abandoned any pretense of consistency and integrity in their destructive anti-Trump mania. I thought this arch tweet was on point, but incomplete:

The list is much longer.

1. Love it. Princeton, engaged in BLM suck-up grandstanding, confessed that systemic racism is embedded there, so the Department of Education asked if Princeton doesn’t discriminate on the basis of race, as must be the case to continue recieveing federal funding.  The Education Department’s demand for an explanation got full huminahumina treatment in the statement Princeton issued in response. The excuse is that they aren’t at fault for the racism, since “everybody’s been doing it,” and at least Princeton acknowledges the problem.

Weak. Continue reading →

Notes On The Ruth Bader Ginsburg Ethics Train Wreck

/ Jack Marshall / 65 Comments

To remind regular readers who may have forgotten, and newer readers who have not taken the time to review the list of Concepts and Special Terms (Shame! SHAME!!!), ethics train wrecks are “chains of unethical conduct created by a central unethical action. As the event becomes more complex and involves more participants, it becomes increasingly difficult to sort out right from wrong, and all parties who become involved with the episode in any way are at risk of engaging in unethical conduct themselves, intentionally or inadvertently.”

In no particular order:

  • It’s not called The Ruth Bader Ginsburg Ethics Train Wreck for nothing. The individual responsible for this ethics train wreck is, aptly enough, Ruth Bader Ginsburg. It was irresponsible for her to stay on the court well past her shelf date, as it is irresponsible for any judge to deny the unavoidable effects of age on their acumen and ability. This would have been true if she were completely healthy, but the Justice had cancer, and that also had to sap her energy.

This was arrogance, and any harm to the nation that comes from her refusal to retire ten years ago is part of her legacy.

  • Everyone is a hypocrite. If Mitch McConnell is a hypocrite for treating the SCOTUS nomination by a sitting Republican President differently from his treatment of a Democratic President’s nomination under similar circumstances,  so are Democrats for insisting that he should again do what they claimed was unconscionable in 2016, because this time they think it will benefit them.

Althouse points out: “The strongest argument for Trump to go right ahead and immediately nominate someone is that President Obama made a nomination in the election year of 2016 when Antonin Scalia died. Obama’s nominee was not confirmed, but that was because the GOP controlled the Senate. There was nothing about Obama’s lack of support in the Senate that made him more willing to put forward a nomination in an election year. He made the nomination in spite of the lack of support. Why should Trump refrain when he has Senate support?”

Oh, you know: Because he’s different, and what other Presidents do or did is automatically outrageous when he does the same thing. Continue reading →

Comment Of The Day: “Comment Of The Day: ‘On The Death Of Justice Ginsburg'”

/ Jack Marshall / 23 Comments

This is a working day for me, as I have to revise perfectly appropriate legal ethics course materials because a low level bureaucrat at a bar association CLE department literally doesn’t understand what she is charged with approving, Nevertheless, I will be writing here about the developing Dead Ruth Bader Ginsburg Ethics Train Wreck, or whatever I end up calling it because passengers are boarding at a rapid rate.

Zoebrain’s Comment of the Day on the post, “Comment Of The Day: On The Death Of Justice Ginsburg”is an ideal way to get that discussion started, and Behold!— Here it is:

McConnell is as right to expedite a hasty appointment of any reasonably acceptable Trump nominee in September 2020 as he was as wrong to deny a hearing to any Obama nominee whatsoever in February 2016.

To do so would reveal blatant foetid dishonesty and utter hypocrisy, but I see no good argument against it, other than the limited time available for a thorough vetting, 45 days vs 270. Doing so less than 70 minutes after RBG’s death was tacky, but fitting for this regime, and arguably such haste is needed.

Former Alabama Chief Justice Roy Moore? Judicially qualified, would certainly shore up the softening Evangelical support, and, most crucially, would cause Democrats to have conniptions. But not on the current shortlist.

Ivanka Trump? Excellent test of personal loyalty, would embolden personal followers of Trump, would cause Democrats to lose their minds, but would do nothing to encourage Evangelicals, and again, not on the short list. Continue reading →

Comment Of The Day: On The Death Of Justice Ginsburg

/ Jack Marshall / 68 Comments

Another first: This Comment Of The Day, by Michael West, isn’t related to any post or previous comment. It was triggered by the death today of Justice Ruth Bader Ginsburg (1933-2020), which has immediate political implications with ethical strings attached.

Some past Ethics Alarms posts relevant to the moment are:

and here is Michael’s timely Comment of the Day:

2) Leaders of every party have soiled themselves jumping straight into political maneuvers and demands within hours of Ginsburg’s body even beginning to cool.

3) They have a really really stupid nuclear armageddon countdown timer. If I were an enterprising political commentator, I’d establish a “civil war countdown timer”. No, not like the last civil war (which wasn’t a civil war)…but a real civil war, which would make the last one look like a boy’s nerf-war sleepover. And if McConnell does what he implies he’s going to do in his statement that came out like an hour after the news broke…I’d set that countdown timer to 5 minutes. Since it’s been at about 15 minutes since the Democrats refused to accept the 2016 election and 10 minutes since the riots began this year. Continue reading →

Ethics Warm-Up, 9/18/2020: Boy, It’s Hard To Write About Ethics When What You Really Want To Do Is Run Amuck With A Bloody Sword

/ Jack Marshall / 32 Comments

I don’t even want to talk about the last two days, except to note that what has me proto-homicidal has nothing to do with anything we’ve been discussing on Ethics Alarms.

1. Now THIS is incompetent phishing: “Verizon” contacted me to say,

Dear User :Your incoming mails were placed on pending status due to the recent upgrade to our database, and also exceeded the storage limit of 1 GB, which is defined by the administrator, are running at 99.8 gigabyte. You can not send or receive new messages until you re-validate your mailbox.

  • I no longer have any relationship with Verizon.
  • Verizon no longer runs an email service. It sold its email users to AOL.
  • The letter is ungrammatical.
  • I received that email, along with about 50 others at the same time, telling me I was no longer getting email.
  • “Verizon’s” address was “bavaria2@centurylink.net”
  • The “letter” was signed “VeriZon.”

If you fall for something like that, you are a walking, talking mark, and incompetent at life.

2.  Why doesn’t the public trust the news media? It must be all those Trump “fake news” lies!  CBS News’ Norah O’Donnell used a photo from a “Latinos for Trump”  event in Phoenix to accompany a report on Joe Biden’s Latino event in Florida. The CBS’s chyron read, “Biden pitches crucial Latino voters during Florida campaign stop.”

Here was what viewers saw: Continue reading →

Constitution? What Constitution? A “White Lives Don’t Matter” Program In San Francisco

/ Jack Marshall / 31 Comments

This is just one more Exhibit in the case to prove beyond a shadow of a doubt  that the current “movement” exploiting the death of George Floyd is not concerned with seeking equality of opportunity or eliminating “systemic racism.” Instead, it seeks to install a system that favors races it cares about over others. You have to admit, the evidence is damning.  If this were a trial, I’d request a directed verdict.

From the S.F. Gate:

Mayor London Breed Announces Launch of Pilot Program to Provide Basic Income to Black and Pacific Islander Women During Pregnancy …

Mayor London N. Breed, in partnership with Expecting Justice, today announced the launch of the Abundant Birth Project, a pilot program that provides targeted basic income to women during pregnancy and after giving birth. The pilot will provide an unconditional monthly income supplement of $1,000 to approximately 150 Black and Pacific Islander women in San Francisco for the duration of their pregnancy and for the first six months of their baby’s life, with a goal of eventually providing a supplement for up to two years post-pregnancy. Expecting Justice, a collective impact initiative led by Dr. Zea Malawa at the San Francisco Department of Public Health and supported by the Hellman Foundation and the UCSF California Preterm Birth Initiative, will study the resulting health impacts of the pilot program, which is the first of its kind in the United States….

The program is racially discriminatory on its face, and Breed, Dr. Zea Malawa, the San Francisco Department of Public Health,  the Hellman Foundation and the UCSF  are either civically ignorant, racists, dumb, hoping to get away with something they know is illegal, or some combination of two or more of these.  So are other funders mentioned in the mayor’s press release:Twitter CEO Jack Dorsey, Genentech, the Kellogg Foundation, San Francisco Health Plan, Tipping Point, Economic Security Project, Walter and Elise Haas, San Francisco Foundation, and the Friedman Family Foundation.

The program cannot withstand the inevitable legal challenge. Eugene Volokh, a Constitutional law specialist, explains, Continue reading →

Nah, There’s No Mainstream Media Bias! But Why Is Fox Almost The Only News Source Reporting This Story?

/ Jack Marshall / 23 Comments

This seems such egregious negligence by the mainstream media that it’s almost defiant.

Records from the Justice Department show that at least several dozen phones belonging to members of Mueller’s Russian collusion investigation team were wiped of information. The reasons are supposedly forgotten passcodes,  screen damage, loss of the devices and other explanations, including intentional deletion. All of this occurred before the Justice Department inspector general’s office could review the devices and, obviously, the information they contained.

Hey, what’s newsworthy about that? When I first read about this  days ago, I assumed it would be a major scandal. The mainstream media didn’t even treat it as news. Leaving the reporting to Fox, the story is now pigeonholed as a right wing conspiracy theory. But it’s not a theory! Destroying evidence is a crime, and a lot of evidence related to the investigation was destroyed. Why? Shouldn’t all legitimate news sources be asking why? Continue reading →

Morning Ethics Warm-Up, 9/16/2020: For Some Unexplained Reason, Police Officers Are Feeling Unappreciated

/ Jack Marshall / 51 Comments

1. Even humor sites have to do better than this...FARK is an amusing news aggregator that headlines links to interesting stories from around the web with facetious comments, puns and snark, most of the time avoiding gratuitous political slant, This headline, however, was an outright deception:  Sure the police might have some bad apples, but a review of 2,400 cases only found misconduct 54% of the time.

If you read the story, you will find that those were not just cases, but cases in which innocent people had been convicted of crimes. A study showing 54% of all cases showing police misconduct would be a damning result, but if someone is wrongly convicted of a crime, there is likely to be misconduct somewhere in the process. For those cases, 54% strikes me as low. Moreover, while the headline implies that all of the misconduct found in the study was attributable to police, that’s not true either. The study found that in  the cases studied, 54% showed misconduct by police or prosecutors.

FARK’s headline was just gratuitous and unjust police-bashing. Not funny.

2. For the record…it’s 5:58 am, and I’m still furious over the cretinous response from the Boston sportswriter I discussed in item #4 of last night’s late warm-up. Continue reading →

Shocked—-Shocked!—That There Would Be Violent Protests Over An Unambiguously Justified Police Shooting

/ Jack Marshall / 44 Comments

Okay, I confess. I’m not shocked.

I’m not even surprised.

It has been obvious for years that a critical mass of protesters/demonstrators/rioters who have repeatedly  inflicted their outrage on communities across the country are not doing so because of any reasonable and responsible desire to obtain police reform or address legitimate racial injustice issues. Responsible protests are based on facts, and the majority of the Black Lives Matter-triggered protests, inevitably endorsed by the Democratic Party, have neither waited for the facts to be determined nor cared what they were once they were determined. The objective is to create division, intensify racial hate, intimidate the community to promote concessions and capitulation, to gain power for extreme left and other activist groups, and to do harm.

Last month,rumors that Chicago police had killed an unarmed 15-year-old boy was all that was necessary to cause the mobs to hit the streets, although, according to ABC News, police had justifiably shot an armed adult male who allegedly opened fire on them. But Facts Don’t Matter: 13 police officers injured and neighborhood were trashed.  Also in August, false reports that law enforcement had killed an unarmed man resulted more rioting and looting. Just 90 minutes after the incident, they released a video and statement showing that an armed murder suspect committed suicide when police approached him. Never mind! Any death of a “person of color” with police in the midst of trying to do their dangerous and difficult jobs is provocation enough for violence, slogans, and chaos.

It was considerate of the unusual suspects—Look! Another Casablanca reference! —to eliminate all doubt by rioting over the shooting of madman who rushed a polite officer with a huge knife:

Would you have shot that guy? Oh, why didn’t the brutal police officer wing him? Hey, he didn’t even have a gun! That’s not fair!

That incident was sufficient provocation to sent 100 “peaceful protesters” into the streets of Lancaster, Pennsylvania last night. They vandalized the police station, broke windows, threw bricks, damaged private businesses and looted. They damaged a post office, because post offices are always shooting people of color. “Death to cops” was spray-painted on one building, See? The victim was only attempting to carry out the will of the woke. He was a martyr!

The objective of these protests/demonstrations/riots is to make it impossible for police to function, to intimidate them so that they allow dangerous people to break laws and evade arrest with impunity, and to surrender society to chaos.

The man who charged the officer with a knife was alreday facing trial for stabbing four people in 2019; he wasn’t kidding. Naturally, his family, including his sister who called the police, told the news media that he was a pussycat. This was all the fault of “the system.” “He had an episode. He was just incoherent and acting out,”  she said. “I called to find out what the procedure was to get him some help.”

You know, acting out!

By trying to stab people! Continue reading →