Law & Law Enforcement

Saturday Morning Ethics: Christmas Countdown Edition

/ Jack Marshall / 12 Comments

The story of that Christmas classic, Bing’s last holiday hit and also the last popular Christmas song that references its religious origins, is here.

I almost called this post the Clinton Impeachment Anniversary Edition, but decided to be more upbeat. It was on this date that William Jefferson Clinton became the second U.S. President to be impeached. Like the first, the unfortunate Andrew Johnson, Clinton was acquitted in the Senate. Also like Johnson, Clinton was impeached for genuine reasons consistent with the Constitution’s requirements. The next impeachment—did you notice how Democrats never mentioned it during the 2020 campaign?—-was very different: the Democratic House just decided it wanted to impeach President Trump and contrived an excuse to do it after three years of searching.

As veteran readers here know, it was the near complete absence of ethical analysis from the news media during Monica Madness and the mountain of rationalizations and obfuscations employed by Clinton’s defenders that prompted me to launch The Ethics Scoreboard, which in due course led to Ethics Alarms.

1. A bar exam ethics train wreck in California. The ABA Journal reports that more than 3,000 law school grads who sat for the State Bar of California’s remote October exam had their proctoring videos flagged for review, and dozens report receiving violation notices from the agency’s office of admissions. The issues flagged appear to be largely technology-based, and many claim they had no indication of a problem until they received violation notices. The flagging will create serious problems for those involved. A Chapter 6 Notice, as it is called, allows an applicant to respond in writing before any finding is made. If there is a determination that a test-taker violated procedures, bar actions could include warnings, a score of zero for the flagged sessions or the entire exam and negative marks on character and fitness evaluations, endangering the applicant’s prospects of receiving a license.

An individual can challenge the office’s determination and request an administrative hearing, and an unfavorable outcome can be appealed with the Committee of Bar Examiners and the California Supreme Court. However, those applicants’ October bar exam scores will be in limbo while hearings and appeals are resolved, and they will not be able to take the February 2021 exam when determinations of previous scores are pending.

The violations cited include examinees’ eyes being intermittently out of view of their webcams, audio not working; and test-takers not being present behind their computers during the exam. In other words, this is another disaster created by pandemic hysteria and technology unsuited to the challenge of providing an adequate alternative to in-person activity.

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Waning Thursday Ethics Wrap-up, 12/17/2020: Baseball, Football, And The Ripper

/ Jack Marshall / 9 Comments

Traffic has been sluggish this week. I wonder if the blog is depressing people….I know it’s been depressing me.

1. A confirmation bias classic. I decided to watch the new Netflix documentary about the hunt for “the Yorkshire Ripper,” Peter Sutcliffe, only because Grace and I had been on a Jack the Ripper binge of late, including the well-done (but completely fictional) Johnny Depp film, “From Hell.” I did not expect “The Ripper” to tell one of most instructive tales of how bias makes you stupid as well illustrating as the perils of confirmation bias, but that’s what it does.

Sutcliffe, a Yorkshire truck driver, murdered 13 women and attacked nine others, but police missed him for five years because they convinced themselves that he only killed prostitutes. This, in turn, led the newspapers to name him after Jack the Ripper, the mysterious serial killer in Victorian London who killed and mutilated five prostitutes in 1888. The name, in turn, reinforced the bias that a Jack copycat was whom they were seeking. As a result, women who were not prostitutes and had been attacked by Sutcliffe were ignored when they went to the police.

With their investigation foundering, police officials decided that letters from someone claiming to be the Ripper were genuine—Jack the Ripper also wrote letters to the police, you see—and a tape recording referring to the letters must have had the real killer’s voice on it. So they had a speech expert identify the accent of the speaker, which placed him in a very small area in Yorkshire. Any suspect who didn’t have that accent was eliminated….including Sutcliffe, who was interviewed nine times. By the end of his rampage, Sutcliffe wasn’t killing prostitutes any more.

Sutcliffe was eventually captured by accident. Says one of those interviewed for the project: “No wonder the police couldn’t catch him. They were chasing a mythic Victorian maniac instead of a real man.”

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The Hunter Biden Laptop Story Suppression

/ Jack Marshall / 38 Comments

Hunter and Joe

When people—like me—say that the 2020 election was stolen, they are not necessarily claiming that mass voter fraud changed the winner. They—and I—are saying that our democracy was not allowed to work because of a de facto conspiracy of the Big Tech firms and the mainstream news media to withhold important information from the voting public that they not only had a need to know, they had a right to know, in order to make an informed decision at the voting booth, or, sadly, the mail box. This was a disinformation campaign of more than four years in duration, but the latest example has proven to be the most infuriating: the suppression, in the closing weeks of the campaign, of the news that suspicious emails pointing to extensive influence peddling by Joe Biden’s black sheep son had been found on a discarded laptop belonging to the younger Biden.

Because there is disinformation about what happened still being peddled in the comments here, I’m going to revisit the issue. It raised its hoary head again after it was announced—by Hunter, a convenient distance from the election— that the Justice Department was investigating him over “tax’ matters. This, it should be said, was more obfuscation and misdirection. The documents published by the NY Post the in the weeks before the election—and subsequently buried and discredited by the rest of the news media— contained information about that, but we now know the investigation has been far broader. We know because now that the election is over, and Biden safely elected, reporters are finally asking questions.

Politico reported Monday night that “The federal investigation into President-elect Joe Biden’s son Hunter has been more extensive than a statement from Hunter Biden indicates,” Specifically, “the securities fraud unit in the Southern District of New York also scrutinized Hunter Biden’s finances”; “investigators in Delaware and Washington were also probing potential money laundering and Hunter Biden’s foreign ties”; and “federal authorities in the Western District of Pennsylvania are conducting a criminal investigation of a hospital business in which Joe Biden’s brother James was involved.” CNNs Shimon Prokupecz reported that “at least one of the matters investigators have examined is a 2017 gift of a 2.8-carat diamond that Hunter Biden received from CEFC [China Energy’]’s founder and former chairman Ye Jianming after a Miami business meeting.”

Incidentally, here is Politico’s stance before November 2:

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First Snowfall Ethics Accumulation, 12/16/2020 [Corrected]

/ Jack Marshall / 29 Comments

For the record, I believe that Dean Martin’s is the definitive version of this holiday favorite. It’s the perfect vehicle for his inimitable style, which always makes me smile. I miss Dean; indeed I miss all of the great singers whose Christmas offerings come up on the Sirius-XM “Christmas Traditions” channel, because they are all dead, every one of them. In one short trip, I heard Bing, Dean, Rosemary Clooney, Burl Ives, Nat King Cole, and Karen Carpenter. All gone. Christmas songs shouldn’t make you sad.

1. No, “doctor” doesn’t mean “teacher.” The disingenuous nonsense defenders of Jill Biden and anyone else who insists of being called “Dr.” because they have a doctorate is stunning, and the hypocrisy is hilarious. When the pompous one was a Trump White House aide, the biased media mocked him. Now that the insecure title-wielder is a Democrat, the rules are different. Got it.

One particularly off-base defender of the non-medical “Dr.” in the comments writes, “Doctor means teacher.” No, it obviously doesn’t, or all teachers would be called “doctor.” My best high school teacher, Miss Rounds, who taught Latin, actually had a PhD but never asked her students to call her “Dr.,” because, you see, that would be stupid. Funny: none of the lists of synonyms for “doctor” include “teacher,” and none of the lists of synonyms for “teacher” include “doctor.”

But mirable dictu! The embarrassingly Orwellian Miriam Webster Dictionary, as it showed in this episode, has as its #1 general definition of “doctor” is “a learned or authoritative teacher.” I thought it had changed the definition to cover for Jill, just as it had changed a definition to follow the Democratic narrative in October (and as Dictionary.com did this very month). But no, Commenter Phlinn found that Miriam Webster has its outlier definition at least since January, hence this correction.

Now, if only on-line dictionaries were trustworthy and didn’t pull their partisan games, I wouldn’t suspect them. But they do, I am, and I am not wrong to be.

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Ethics Quote Of The Week: Cornell Law Professor William Jacobson

/ Jack Marshall / 48 Comments

Election 2020

“I don’t blame people for fighting these legal fights. I said all along, and stand by it, that we should let the legal cases play themselves out. There is a strong sense that something went very wrong here; tens of millions of people have that sense. I certainly do.”

—-Prof. William Jacobson, Cornell law prof. and proprietor of the conservative Legal Insurrection blog, in a post yesterday about the 2020 Presidential election; it was titled, “Where things stand at this hour.”

He continued,

“The court proceedings and legislative hearings have exposed a lot of problems with the election. Shining a light on the threat of mail-in voting and election practices was a public service, and should serve as a warning for 2022 and 2024.“

Professor Jacobson’s thoughtful wrap-up of the 2020 Election Ethics Train Wreck, as it is tagged here at Ethics Alarms, should be read by both critics of the election and critics of the challenges to it, because he is eminently reasonable, and most of the hyperventilation on both sides of the political divide on the matter has not been. “The strong sense that something went very wrong here” is an accurate and fair assessment, and echoes the early posts on the election here that emphasized the appearance of impropriety. There was more in both the lead-up and the actual execution of this Presidential election to legitimately create the appearance of impropriety to objective observers than any U.S. election in at least 60 years. Even anti-Trump fanatics and the most committed Democrats and progressives ought to concede that. They have not, and that also adds to the appearance of impropriety, or in a single word, suspicion.

The professor also points out some things in his analysis that need to be understood, like…

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Morning Ethics Warm-Up, 12/15/20: Bye-Bye Bill Barr!

/ Jack Marshall / 61 Comments

bye bye

1. Bill Barr’s resignation. The Attorney General is leaving, and so would I, in his place. Unlike his predecessor, who endured unprofessional and destructive sniping from the President, Barr decided enough was enough. He issued a respectful letter of resignation, and said “bye-bye.” This was in contrast with other digruntled Trump officials like Mad Dog Mattis, who lived up to his name with a resignation letter guaranteed to give the Trump-hating media more fodder. I assume the final straw was Barr raking fire for correctly not using the Hunter Biden investigation as a GOP campaign weapon. With even half-competent and responsible news media coverage, the Justice Department’s silence about what they are supposed to be silent about would never have been an issue.

The President’s lack of loyalty, respect and gratitude toward his staff and associates is one more ugly character trait that motivates his critics.

2. Another unethical bait-and-switch. I have written about this issue too many times to devote a whole post to it again.. Yesterday Republican Michigan Rep. Paul Mitchell told CNN that he will change his party affiliation to Independent because of President Donald Trump’s refusal to concede the 2020 presidential election and

Mitchell said he has put in a request to the Clerk of the House to change his party affiliation to “independent,” in an interview with CNN, and in a letter it is “unacceptable for political candidates to treat our election system as though we are a third-world nation and incite distrust of something so basic as the sanctity of our vote.” CNN, being incompetent, did not ask the necessary question, which is “Since you are lecturing the President and your party on ethics, why do you think it is ethical to run for re-election as a Republican, get the votes of Republicans in your district, and then change your party affiliation a month later?”

The ethical way to do it is to resign, and then run again under the new banner. A few party-switchers in the past have had the integrity to follow this procedure, notably former Senator Phil Gramm of Texas.

I would support a law requiring any elected official who switches party mid-term to have to resign. As the Ethics Alarm credo goes, “Where ethics fails, the law steps in.”

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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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