Law & Law Enforcement

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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Morning Ethics Warm-Up, 12/1/2020: Satchel Paige Edition

/ Jack Marshall / 26 Comments

Satchel

Why Satchel Paige? The legendary Negro Leagues pitcher and member of baseball’s Hall of Fame once said, “How old would you be if you didn’t know how old you was?” Satchel wasn’t fooling: having played most of his career when blacks were blocked from the Major Leagues, Paige was still good enough at 42 to join the 1948 Cleveland Indians as a relief pitcher, and was effective enough to be contender for Rookie of the Year. Then he became the oldest pitcher to start a Major League game, shutting out the Boston Red Sox for three innings at the age of 59.

In my case, the answer to Paige’s question would be about 18, or perhaps 10. Surely not the age my arithmetic tells me, which is depressing and a little frightening. Every December first since 2009 has been a day with bad connotations: I found my father dead in his favorite chair that year, when I checked to see if he was going to have dinner with me as we had planned. This year there are two. Well, Dad soldiered on to have 19 more productive and mostly happy years after he reached my age, and he was being treated for cancer by than, and I’m not. There aren’t many ways I can top my father, but at least that’s gives me something to shoot for.

1. Wow. You don’t get to see such naked bias and hate just put out there in the media like this very often…Just think: a Washington Post editor okayed this article attacking the White House Christmas decorations and using them to excoriate Melania Trump for existing. How petty and ugly can a writer be and still get published? I guess it depends on whether or not your target is the Trumps.

The “money quote”: “[T]he defenders of Melania have always insisted on comparing her to her predecessor, Michelle Obama, and it became hard to believe that “elegant” was a code word for anything other than “White.” Melania is “elegant” because she represented a very specific kind of White femininity: silent, lovely, delicately fingering the ornaments that her staff had assembled.” The author is Monica Hesse, the Post’s gender writer. She is a biased, vicious, jerk. It is so obvious that Melania Trump could design Michelle Obama’s White House decorations and Michelle could secretly design the Trumps’, and Hesse would pronounce what she thought was Michelle’s inclusive and brilliant, and would condemn what she thought Melania created.

You know, pretty much the way her paper covered the Obama and Trump administrations.

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Rainy Monday Ethics, 11/30/2020: Statues, Dogs And Lies

/ Jack Marshall / 61 Comments

Also getting me down, Karen Carpenter songs. As with great movies with O.J. Simpson or Gig Young in them, these are hard to enjoy now, at least for me. One of the most lovely natural voices in pop music history was silenced by the pernicious disease of anorexia, exacerbated by, among others, her brother, her family, and music industry executives, who made Carpenter so self-conscious about her weight and appearance that she slowly starved herself to death before her 33rd birthday. I wish I could hear her sing—and I will do that a lot in the days approaching Christmas—without thinking about that, but I can’t.

1. Proposition: any nation’s historical figures who had the impact on those nations that Margaret Thatcher did in Great Britain over a significant period of time deserve to be memorialized with statues, absent some cataclysmic disqualifying act, like Richard Nixon’s Watergate scandal. Even in Nixon’s case, I would support a public memorial to such a historically influential figure.

In the English town of Grantham, where Thatcher grew up, an 11-foot pedestal awaits the arrival next year of a large statue of “the Iron Lady.” Apparently many in Britain, and a large proportion of Gratham’s working class residents, disapprove of Thatcher’s conservative politics and policies, and thus oppose the statue, which will be in immediate danger of toppling the minute it is erected.

Morons. One doesn’t have to personally agree with a historical figure’s position or even admire her to appreciate the impact that figure had. The criteria for memorializing prominent citizens should center on whether future generations need to know who they were and what they did, not whether their achievements and conduct are approved of according to often fleeting political, social and cultural values. Charles Moore, who wrote an authorized biography of Mrs. Thatcher, says, “It’s obvious there should be statues to Britain’s first woman prime minister. But…but…George Floyd! The New York Times’ article on the controversy says that statue toppling has become a world-wide phenomenon since the death of George Floyd. Now that makes sense: one of Great Britain’s most successful and important leaders should be robbed of her legitimate honors because a rogue cop accidentally contributed to the death of a black criminal in Minnesota.

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Sunday Ethics Insomnia, 11/29/2020: No Wonder I Can’t Sleep!

/ Jack Marshall / 15 Comments

1. I hate 99.9% of the petitions offered at Change.org. but I’m signing this one . It reads,

Professor Dorian Abbot, a tenured faculty member in the Department of Geophysical Sciences at the University of Chicago, has recently come under attack from students and postdocs for a series of videos he posted to YouTube expressing his reservations about the way Diversity, Equity, and Inclusion (DEI) efforts have been discussed and implemented on campus.
In these videos Prof. Abbot raised several misgivings about DEI efforts and expressed concern that a climate of fear is “making it extremely difficult for people with dissenting viewpoints to voice their opinions.” The slides for each of Prof. Abbot’s videos can be found here, and his own account of events and his opinions can be found here. Nowhere in these materials does Prof. Abbot offer any opinion that a reasonable observer would consider to be hateful or otherwise offensive.

Shortly after uploading the videos, Abbot’s concerns were confirmed when 58 students and postdocs of the Department of Geophysical Sciences, and 71 other graduate students and postdocs from other University of Chicago departments, posted a letter containing the claim that Prof. Abbot’s opinions “threaten the safety and belonging of all underrepresented groups within the [Geophysical Sciences] department” and “represent an aggressive act” towards research and teaching communities.

[Pointer: Pennagain]

2. “Hello, Newman...” According to the Postal Service’s own records, more than 150,000 mail-in ballots were not delivered in time for them to be counted on election day. This is, of course, as I and anyone else who was paying attention expected and predicted, because the USPS is undependable

I am surprised that the number was that low.

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2020 Election Ethics Train Wreck Update: Ethics Zugzwang In Pennsylvania

/ Jack Marshall / 16 Comments

pennsylvania-scaled

[Let me begin by apologizing for being so inconsistent in my spelling of zugzwang (or zugswang). Both are acceptable, but I should pick one, and I’m picking zugzswang, because it will score more points in Scrabble. I will eventually go back and change the many “zugswangs” in previous posts.]

Oh-oh.

A Pennsylvania state court judge yesterday issued a preliminary injunction preventing Pennsylvania from taking any further steps to certify the election, including the assignment of 20 electoral votes to Joe Biden,pending further court hearings and rulings. The ruling upholds an injunction from earlier in the week.

The opinion is here. The issue is whether legislative expansion of absentee balloting to universal mail-in balloting violated the Pennsylvania Constitution. (It sure looks like it to me.) The petitioners seek to preclude the Secretary of State from transmitting the certification or otherwise perfecting the electoral college selections.

Here is the judge’s description of the claim:

In the Petition, Petitioners allege that the Act of October 31, 2019, P.L. 552, No. 77 (Act 77), which added and amended various absentee and mail-in voting provisions in the Pennsylvania Election Code (Election Code),1 is unconstitutional and void ab initio because it purportedly contravenes the requirements of the Pennsylvania Constitution. Petitioners allege that Article VII, section 14 of the Pennsylvania Constitution provides two exclusive mechanisms by which a qualified elector may cast his or her vote in an election: (1) by submitting his or her vote in propria persona at the polling place on election day; and (2) by submitting an absentee ballot, but only if the qualified voter satisfies the conditions precedent to meet the requirements of one of the four, limited exclusive circumstances under which absentee voting is authorized under the Pennsylvania constitution. (Petition, ¶16.) Petitioners allege that mail-in voting in the form implemented through Act 77 is an attempt by the legislature to fundamentally overhaul the Pennsylvania voting system and permit universal, no-excuse, mail-in voting absent any constitutional authority. Id., ¶17. Petitioners argue that in order to amend the Constitution, mandatory procedural requirements must be strictly followed. Specifically, pursuant to Article XI, Section 1, a proposed constitutional amendment must be approved by a majority vote of the members of both the Pennsylvania House of Representatives and Senate in two consecutive legislative sessions, then the proposed amendment must be published for three months ahead of the next general election in two newspapers in each county, and finally it must be submitted to the qualified electors as a ballot question in the next general election and approved by a majority of those voting on the amendment. According to Petitioners, the legislature did not follow the necessary procedures for amending the Constitution before enacting Act 77 which created a new category of mail-in voting; therefore, the mail-in ballot scheme under Act 77 is unconstitutional on its face and must be struck down. Id., ¶¶27, 35-37. As relief, Petitioners seek, inter alia, a declaration and/or injunction that prohibits Respondents from certifying the November 2020 General Election results, which include mail-in ballots that are permitted on a statewide basis and are allegedlyimproper because Act 77 is unconstitutional.

The Judge found that the plaintiffs were likely to prevail on their state constitutional claims…

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