Law & Law Enforcement

Saturday Ethics Review, 11/7/2020: And The Beat Goes On (Item #7 Added)

/ Jack Marshall / 16 Comments

1. It’s not only the obvious hypocrisy and double standard, it’s the fact that they are so shameless about it. Of course, the average low-information voter (or the average partisan hack who likes applying double standards) cheered on Al Gore and the Democrats when they challenged the 2000 election using a shifting set of theories—remember the “butterfly ballot” that sparked the first legal challenge from Al’s lawyers? Then it was the hanging chads. The 2020 election isn’t over and the race isn’t won until every re-count is completed and there is a credible and trustworthy result. The results so far in multiple states are spiderweb thin, and even relatively small instances of voter fraud could change the winner.

As I have already written here more than once since Tuesday, President Trump has an obligation to oversee responsible investigations into questions regarding irregularities in the vote counting and mail-in voting. He is, after all, President for two more months at least. But the Axis of Unethical Conduct is, as it has from the beginning of his term, claiming that what is virtuous and justified when their favorite politicians do it is sinister when Republicans do the same. I have a complete library of asshole tweets to the effect that the latest Democratic coup attempt should be granted instant legitimacy before all of the issues are satisfactorily resolved. Here are two samples,

Tapper twt

Winslow tweet

If you have problems with my characterization of “coup” just now, sorry, I’m not retracting it. The election was not held on even ground, between the news media’s open bias and the use of the pandemic to justify early and inherently corruptible mail-in voting. It is certainly possible that Joe Biden would have won in a fair election, but we will never know that. The price of the party’s “ends justify the means” strategy is that this election can never be regarded as decisive or fair, and expect the Right to act accordingly.

The fact that a news organization or a decision desk has declared Biden the winner doesn’t mean that he is the winner, and if there are valid legal issues and voting questions to be settled, we should settle them now, because we know they won’t be addressed once the Democrats have the Presidency. I also endorse the point made in this tweet…

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Election 2020: The Appearance Of Impropriety Or Real Impropriety? Part II, An Accountant’s Analysis

/ Jack Marshall / 63 Comments

Larry Correia, a perceptive blogger who approaches issues with the mind of a veteran accountant and auditor, has concluded regarding the 2020 election that “Fuckery is Afoot.” In a 3000+ word post, Correia (whose tart and blunt analysis I last featured here), begins,

I am more offended by how ham-fisted, clumsy, and audacious the fraud to elect him is than the idea of Joe Biden being president…. However, what is potentially fatal for America is half the populace believing that their elections are hopelessly rigged, and they’re eternally fucked. And now, however this shakes out in court, that’s exactly what half the country is going to think.  …In auditing you look for red flags. That’s weird bits in the data that suggest something shifty is going on. You flag those weird things so you can delve into them further. One flag doesn’t necessarily mean there’s fraud. Weird things happen. A few flags mean stupidity or dishonesty. But a giant pile of red flags means that there’s bad shit going on and people should be in jail.

Here are just some of the “red flags” that Correia identifies…

  • The massive turn out alone is a red flag.
  • The late-night spikes that were enough to close all the Trump leads are a red flag.
  • The statistically impossible breakdown of the ratios of these vote dumps is a red flag.
  • The ratios of these dumps being far better than the percentages in the bluest of blue cities, even though the historical data does not match, red flag.
  • The ratios of these vote dumps favoring Biden more in these few battlegrounds than the ratio for the rest of the country (even the bluest of the blue) red flag.
  • Biden outperforming Obama among these few urban vote dumps, even though Trump picked up points in every demographic group in the rest of the country, red flag.
  • The poll observers being removed. Red flag.
  • The counters cheering as GOP observers are removed, red flag.
  • The fact that the dem observers outnumber the GOP observers 3 to 1, red flag (and basis of the first lawsuit filed)The electioneering at the polls (on video), red flag.
  • The willful violation of the court order requiring the separation of ballots by type, red flag.
  • [The] USPS whistleblower reporting to the Inspector General that today they were ordered to backdate ballots to yesterday, red flag.
  • The video of 2 AM deliveries of what appear to be boxes of ballots with no chain of custody or other observers right before the late night miracle spikes, red flag.

Any of those things would be enough to trigger an audit in the normal world.This many flags and I’d be giggling in anticipation of catching some thieves…This is going to the courts.

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Election 2020: The Appearance Of Impropriety Or Real Impropriety? Part I, Georgia On My Mind

/ Jack Marshall / 86 Comments

Georgia vote Count

I woke up this morning to find that overnight (at about 4 am) Georgia, a state President Trump had to must win to wend his way through the tiny window now open to his re-election (Arizona, Alaska, Georgia, North Carolina, Pennsylvania) had flipped to the Biden side with a less than a thousand vote edge to the ex-VP. This now makes three crucial states (the others being Wisconsin and Michigan) that switched leads in the dead of night…possibly a coincidence, but not a good look for Democrats, or the nation.

Of course this is substantially the result of mail-in ballots, which the Democrats championed. Anyone capable of thought could figure out that the system was a recipe for fraud, manipulation and chaos, so it is basic logic to presume that this is what the Democrats (and their allies, the news media) wanted. As I have read in maybe ten places this morning alone, the longer and more convoluted a process is, the easier it is to rig it. That is true.

See the tweet above? It appears that Democrats in Georgia organized to “get out the vote” after the election. Maybe there’s an innocent explanation, but 1) you can’t blame people for being alarmed 2) there are no such tweets from the Republicans.

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Mid-Day Ethics Tidbits, 11/4/2020: Sort-Of Post-Election Edition, With Yummy NONE Election-Related Items!

/ Jack Marshall / 36 Comments

1. Ay Caramba! Does anyone think that former Playboy model Eva Marie has a legitimate complaint because she was kicked off a Southwest flight along with her seven-year-old son for wearing this outfit on board?

Eva Marie

I don’t. She said she was “humiliated and embarrassed” when a Southwest Airlines flight attendant told her she couldn’t board looking like that. I don’t believe it for a second. She was seeking publicity. “When they threatened to remove me off the plane if I didn’t have a change of clothes, I felt completely humiliated, embarrassed and highly offended,” the Instagram influencer said of the incident. “I’m an A list member for SWA and have a credit card with the airline and I have perks that allow any person traveling with me to fly free because of my high status with the airline. So even as being a loyal customer with them, I felt like the other women on the plane were judging me based on my attire and they were saying my breasts are too large,” she added. “Well, that’s something I can’t help.”

No, you shameless jerk, they were judging you because you won’t observe even minimal social conventions, like not going out in public looking like a stripper mid-routine. If she is a “high status” member of the airline, then she is presumably aware that it has a dress code. It is overwhelmingly likely that she pulled this as a stunt to gain Instagram users  to “influence,” and exploited Southwest to do so.

The airline would be fair and reasonable to ban her from flying.

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Monday Between Halloween And Scary Election Day Ethics,11/2/2020 [CORRECTED]

/ Jack Marshall / 66 Comments

I had a conversation with a friend who said she would never speak to anyone so devoid of values and intelligence to vote for Donald Trump (she was bluffing) and then immediately thereafter demonstrated that she was incapable of explaining what was so unbearable about the President beyond generalities, Big Lies, and deflections (when the quality of the President’s advisors are a go-to argument three minutes in, you’ve got nothin’…) Upon cross examination, she could not coherently justify voting for Joe Biden either, except through denial (“He’s not senile, he’s just not as sharp as he used to be, and at that age, who is?” Yes, and that’s why nobody has run for President at that age. And no, Joe did not used to forget who he was running against, what office he was running for, or repeatedly get thousands mixed up with millions) even when it was acknowledged that he was far from the sharpest tack in the package. Finally, she said, “I’d vote for Biden even if he was completely demented.’

And there it is: the rational, informed, analytical Democratic voter. In the end, it’s mostly about hate.

  1. Speaking of dementia…Conservative flame-breathing pundit Kurt Schlichter tweeted that Sean Connery’s last words were “Elect Donald Trump.” Sure, Kurt. Yesterday I learned that 007 had been losing a long bout with dementia. If he was no longer compos mentis, that endorsement really isn’t worth much, and he would have been much more likely to endorse Biden out of comradery.

2. What’s going on here? What are we to make of all of the sudden reports that the President is surging in multiple states? For example, yesterday the Des Moines Register described the poll results showing that what had been a Biden lead was now a 9 point Trump advantage:  “Republican President Donald Trump has taken over the lead in Iowa as Democratic former Vice President Joe Biden has faded…”

There are similar stories coming out of other states, and more than one pollster is now predicting a decisive Trump win. Are pollsters deliberately trying to avoid a catastrophic embarrassment by hedging their bets at the last minute? Are conservative media forces trying to bolster GOP confidence to get out the vote? Are we witnessing another election where the undecideds suddenly all flip in the same direction in the final hours, like in 1948, 1980, 1988, and 2016?

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Morning Ethics Shout-Out, 10/28/2020: “And Tyler Too…”

/ Jack Marshall / 6 Comments

I am ashamed: when I listed my anti-depression playlist, I somehow managed to leave out one of the best and most exhilarating songs of the group: The Isley Brothers’ “Shout.” I apologize profusely.

1. Self-delusion is not ethical. When Ben Ferencz, the last surviving lead prosecutor at the Nuremberg trials, finally leaves us (he’s in his nineties now and still going strong), I will make him an Ethics Hero Emeritus. As the new Netflix documentary about his astounding and ethics-focused life makes clear, few have devoted the time and energy to the cause of human rights and justice any more intensity or longevity than Ferencz. My admiration of him is only marred by his advocacy for pacifism, which the last portion of the film highlights. Ferencz was instrumental in the creation of the World Court, a kind of standing extension of the Nuremberg Trials which the U.S. has, wisely, refused to participate in. The legal scholar speaks passionately for the  cause of eliminating war by substituting law and international tribunals. The idea is delusional on its face, and also cynically exploited by those who know the idea is impossible, but who support it as a way to impose world government, and the concomitant reduction in individual liberty that would necessarily entail.

As Ethics Alarms has discussed many times, one great weakness of ethics as a discipline is its drift toward utopianism, and its persistent destruction of its own credibility by advocating goals and standards that cannot be achieved, indeed, that defy history and common sense. Has anyone asked Ben Ferencz if he really believes that Nazi Germany, Imperial Japan, the USSR or current day North Korea and Iran would voluntarily submit to the edicts of a World Court? If he has, it did not make the documentary. One can understand why a man who has seen and experiences why Ferencz has during his long life would cling to the hope that some day war will be eradicated and peace will reign forever, but rejecting reality for comforting idealism does not, and never has, advanced the cause of ethics.

2. This would seem to be an easy topic for a bipartisan bill. (Why isn’t it?) Democrats introduced legislation making it illegal for banks and other financial firms to discriminate against their customers because of their race, religion, sexual orientation and other characteristics. I thought this was illegal already, but the absence of any mention of financial services constitutes a loophole in the Civil Rights Act. Thus “The Fair Access to Financial Services Act,” introduced a week ago by members of the Senate Banking Committee, would explicitly outlaw discrimination against bank customers. Right now, it is legal for banks and other financial businesses to treat some customers differently based on race as long as the services aren’t denied entirely. Banks can legally use racial profiling to delay customer transactions, or require extra steps to prove their legitimacy.

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The San Quentin Ethics Conflict

/ Jack Marshall / 36 Comments

California’s First Court of Appeals has ordered San Quentin State Prison to transfer or release about 1,700 inmates. That’s 50% of the prison population there, an edict based on the theory that San Quentin officials have not done enough to protect inmates from the pandemic. “We agree that respondents — the Warden and CDCR — have acted with deliberate indifference and relief is warranted,” the court said in its opinion last week.

50% was the figure recommended by a team of experts after they investigated the viral spread that has killed dozens and sickened hundreds at San Quentin’s maximum security facillity. The inmate reduction could be achieved through a combination of transfers and early releases, the court said.

The California Department of Corrections opposes the order. “Since March, the department has released more than 21,000 persons, resulting in the lowest prison population in decades. Additionally, we have implemented response and mitigation efforts across the system,” it argued in a statement. “As of today, CDCR’s COVID-19 cases are the lowest they have been since May (493 cases reported today, and over 14,000 resolved), with San Quentin recording only one new case among the incarcerated population in nearly a month.”

The Wuhan virus has infected more than 200,000 prison and jail inmates. Nearly 1,300 have died as a result, according to a New York Times database.  Civil rights organizations have argued for the release of inmates across the country, using the 8th Amendment prohibition against cruel and unusual punishment as their justification. San Quentin presents a particularly tough ethical trade-off. In its opinion, the court ruled that the state prison system had shown “deliberate indifference” to the safety and health of San Quentin’s inmates by not taking sufficient measures to protect them. This, the court wrote, was “morally indefensible and constitutionally untenable.”

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Saturday Ethics Bits and Pieces, 10/24/2020: Sushi And Coyotes

/ Jack Marshall / 35 Comments

1. Another day, another police shooting where the black victim entirely brought his fate upon himself, resulting in, of course, another protest. This time the episode was in San Bernardino, California. An officer was dispatched at 11:16 p.m. in response a 911 call about a man jumping on cars in a parking lot. He’s “really drunk and he’s waving around a gun…and he’s just going crazy,” the caller told the police dispatcher. She described him as a black man with a white shirt and black shorts.

As soon as police learned he was black, they might as well have replied, “Sorry. He’s your problem.”

Body camera video shows the officer approaching Matthew Bender, who fits the description by the 911 caller. The police officer pulls out his gun and tells Bender, “Let me see your hands.” Bender  raises his hands briefly and then puts them back on his side, walking away from the officer and telling the cop, “Man, I’m going to the store.” The officer holsters his gun away and attempts to apprehend Bender, who tells him, “Don’t touch me!” The police officer wrestles Bender to the ground and tells him, “Stop fighting, dude.” Bender is seen on video reaching for an item in his waistband that appears to be a handgun.  As both men get up from the ground, and the officer draws his weapon and fires four shots at Bender, which proved fatal. A loaded, unregistered pistol was found on the suspect, who had a criminal record going back 17 years, , with arrests attempted murder, false imprisonment, domestic violence, theft and possession of narcotics. Shortly after the incident was reported, demonstrators shouting, “Abolish the police!” “Defund the police!” and “Fuck the police!” took to the streets, blocking  an intersection and attacking vehicles.

The policy the demonstrators in these episodes want is one where the police are defenseless, arrests are impossible, and black skin ensures immunity from law enforcement. This is neither just, fair, nor rational.

2. Give hate a chance. Hate is in, as you know: the Democrats are depending on it, and little else, to bring them victory next month. A website called BestLife developed a formula for determining the “most hated states,”  ranked from least hated to most hated. Who hates a state? I’ve been in 48 of them plus the District, and I like some more than others, but hating a state seems pathological to me. I assume the calculations preceded the George Floyd Freakout, because Washington, Oregon and Minnesota come out far too positively in light of their behavior since June. And why is Oklahoma the fourth most hated state?

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Note To Senate Democrats: Tantrums Are Not Civil, Responsible, Professional Or Statesmanlike

/ Jack Marshall / 32 Comments

child-temper-tantrum

I suppose this is a futile reminder, since the Democratic party, prodded by the infantile “resistance” that the party  lacked the courage and integrity to tell to shut up and shape up, has been engaged in one tantrum after another since it lost the Presidential election in 2016. In their determination to bake hate, anger and uncontrolled emotion into our once honorable political process, the Democrats have divided the nation, wrecked communities, and quite possibly damaged our democracy beyond repair. It has been opposition by tantrum, from the increasingly personal attacks on the President of the United States, to the contrived Mueller investigation, to the disgraceful impeachment sham. Of course the Democrats’ African American and extremist base would take the cue and expand the tactic into the streets, throwing a series of violent fits over isolated and ambiguous incidents that could be falsely characterized as typical, racist, and criminal.

Today, the metaphorical holding of breath and stamping of feet continued. Senate Minority Leader Chuck Schumer and the Democratic members of the Senate Judiciary Committee announced they will boycott Thursday’s markup of Judge Amy Coney Barrett’s nomination to the U.S. Supreme Court, in protest of Republicans’ decision to move forward with President Donald Trump’s high court pick so close to Election Day. In this they are depending upon the public’s ignorance and amnesia, supported, as usual, by news media spin. What the Republican are doing with the Barrett nomination is exactly what Democrats insisted was the proper process four years ago. It is exactly what Democrats would do if the parties’ circumstances were reversed. It is constitutional and it is legal. Moreover, the nominee, Judge Barrett, acquitted herself with brio under Democratic questioning.

This is not a “we must protest an outrage and injustice” boycott. It’s an “Ooooo, we are just so darn mad that we can’t have our way!” boycott.

How petty and foolish.

The official statement just compounds the disgrace.

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High Noon Ethics Shoot-Out, 10/21/2020: Religious Bigotry Vs Anti-Gay Bigotry! “Whitewashing” Vs Anti-Semitism! Google Vs Trust!

/ Jack Marshall / 25 Comments

As you may (and should) know, the classic Western “High Noon” was and is regarded by some conservatives as anti-American. I think it is, as excellent as it is. The ending, where the heroic law man (played by Gary Cooper in an Academy Award-winning performance) throws his star in the dirt in disgust (imitated by “Dirty Harry” for very different reasons in that conservative film years later), is widely seen as a rejection of American society as hypocritical. (The fact that the screenwriter, Carl Foreman, was a Communist doesn’t help.)

My favorite scene in the movie, where Cooper begs the church congregation to help, plays like a “Twilight Zone” episode, with the whole town rationalizing furiously to avoid helping the desperate law man minutes away from having to face, alone, vengeful thugs determined to kill him. (The whole scene is not on YouTube; I searched.) “Rio Bravo,” one of the best John Wayne Westerns and a personal favorite, was devised by director Howard Hawks as a direct rebuke of the selfish and craven America “High Noon” posits. In the Duke’s movie, the lawman, Wayne, constantly rejects the offers of help he receives, though he knows hired killers are massing to free his prisoner. Yet people go out of their way, at great personal risk, to help him anyway, time after time. “High Noon” is a better movie (maybe), but “Rio Bravo” is a fairer depiction of American values and history.

1. This is why I tell lawyers and government employees that it’s unethical to use Google for professional communication and client matters. Mac programmer Jeff Johnson has discovered that if you set Google Chrome to eliminate all website cookies and site data when you close the browser, the data remains un-erased for YouTube and Google itself.

What a coinkydink!

“Perhaps this is just a Google Chrome bug, not intentional behavior, but the question is why it only affects Google sites, not non-Google sites,” Johnson says. “I’ve tested using the latest Google Chrome version 86.0.4240.75 for macOS, but this behavior was also happening in the previous version of Chrome. I don’t know when it started.”

Bottom line: Don’t trust Google. Like I’ve been saying….

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