Law & Law Enforcement

“Abducted In Plain Sight”: Maybe People Really Are Too Stupid To Be Trusted With Democracy

/ Jack Marshall / 45 Comments

Abducted

If that title sounds harsh, by all means watch the Netflix true crime documentary “Abducted in Plain Sight.” Otherwise, I’m not sure the ordeal is worth it, since it may throw you into a depression from which you never recover. That’s where I am now.

With the nation facing what might be—“I do believe in people, I do believe in people,” he says in his best Cowardly Lion imitation—an existential election, I really did not need any more reason to despair of the life competency deficit and declining mental state of the nation’s voters. In fact, I decided to watch “Abducted in Plain Sight” to take my mind off of The Big Stupid, with its ongoing efforts by the news media to keep Americans ignorant of the Biden scandal, the brain-melting tale of the Zoom adventures of He Who Must Not Be Named, and polls that seem to show that most of the American public is incapable of paying attention to matters that will effect their lives, family and nation.

Big mistake. What watching the 2017 award-winning documentary did was vividly remind me that normal, decent, religious middle-class Americans like those you live and work with may well be too moronic and irresponsible to be entrusted with children, never mind make decisions about leadership and public policy that will affect the rest of us.

Continue reading →

OK, I Just Have To Do An Afternoon Ethics Potpourri So I Can Write About The Jeffrey Toobin Exposing Himself On Zoom Story…..

/ Jack Marshall / 42 Comments

Toobin

I wake up from a nap and have to think about this???

1. Zoom ethics?  I don’t understand this story at all.

The New Yorker suspended legal reporter Jeffrey Toobin because he—wait, WHAT?—exposed himself during a Zoom call last week between members of the staff and WNYC radio.

Huh? Toobin has long been one of Ethics Alarms’ least favorite legal commentators dating back to his excuse-making for Bill Clinton during the Monica madness, but I thought he was just despicably biased, not insane. What’s going on here?

Toobin said in a statement: “I made an embarrassingly stupid mistake, believing I was off-camera. I apologize to my wife, family, friends and co-workers. I believed I was not visible on Zoom. I thought no one on the Zoom call could see me. I thought I had muted the Zoom video.”.

See you doing what, and why??? Was it a bathroom Zoom call? The New Yorker says: “Jeffrey Toobin has been suspended while we investigate the matter.” What’s there to investigate? If he exposed himself accidentally, it’s a Zoom mistake, and it should have been ignored and forgotten, because Zoom is evil. EVIL!!!! On the other hand—okay, bad choice of metaphors—If he whipped it out and ran around the room on camera singing “My Ding-a-Ling,” Toobin needs to be hospitalized.

Continue reading →

Was Today’s Women’s March In D.C. The Dumbest Protest Yet?

/ Jack Marshall / 16 Comments

ProtestMarch

To be fair, it’s impossible to say. Almost all protests and demonstrations, even the ones that do not deteriorate into “mostly peaceful” riots, are silly, juvenile tantrums that cost money, waste time, inconvenience saner citizens and accomplish less than nothing. You can review the Ethics Alarms Protest Check-List: today’s mass scream by hysterical progressive women protesting the vote that hasn’t been cast in a case that doesn’t exist which would undo a SCOTUS decision that is  unlikely to be undone flunks on almost all points. Marcher Cherie Craft, a D.C. community organizer, told the Washington Post, “People think, you know, is this really making a difference?” Will it cause Judge Barrett not to be confirmed? Will it change the result of that so far imaginary abortion case that threatens Roe v. Wade? Will it make those who find abortion to be an ethical and moral abomination suddenly support abortion on demand?  No, no, and no. Might it cause some extra Wuhan virus cases that marchers will carry back to their states? Well, look at that photo above. I guess that’s something.

The hypocrisy of such an event while the mainstream media is attacking the President for so-called “super-spreader” events is palpable, and one of many reasons that there will be no effective shutdowns going forward. The pandemic hysterics, fascists and Democratic mayors—but I repeat myself– have no credibility. D.C. Muriel Bowser is being sued for banning outside church services, and yet allows this sardine-fest to go forward with her blessings.

Go ahead, rationalize that. Anyone. I dare you.

Continue reading →

Musings On A Recent Entry In The Ethics Alarms “I Don’t Understand This Story At ALL” Files

/ Jack Marshall / 35 Comments

Fontrell Baines, 31, a rapper who goes by the stage name of “Nuke Bizzle,” was arrested on three felony counts of access device fraud, aggravated identity theft and interstate transportation of stolen property, thus facing up to 22 years in federal prison. It’s not just that the evidence shows that Baines and his co-conspirators fraudulently obtained at least 92 debit cards pre-loaded with more than $1.2 million on them and converted the cards into more than $700,000 of ill-gotten gains. The rapper was caught after he posted a music video about the scheme on YouTube, leading to his arrest last month while he had multiple debit cards in his possession with the names of people who weren’t him..  The catchy rap song,  in which he boasts about getting “rich off of EDD, amassed more than 400,000 views and also alerted authorities to his scheme.

“Unemployment so sweet,” Baines raps. “We had 1.5 land this week!” A cohort on the video joins in, “You gotta sell cocaine, I can just file a claim!”

Prosecutors say the stolen cards were sent to addresses in Beverly Hills and the Koreatown neighborhood of Los Angeles, where “Nuke” could get grab them. For inspiration….

Musings:

Continue reading →

Personal Responsibility? What Personal Responsibility? The Washington Post Explains How Aspiring Supreme Court Justice George Floyd Was Destroyed by Systemic Racism

/ Jack Marshall / 33 Comments

Screen shot of George Floyd mural

You think I’m kidding, don’t you? Sadly, I’m not.

Here’s a silver lining: thanks to the parade of bizarre and illogical demands and assertions during the George Floyd Ethics Train Wreck and the concomitant “Great Stupid,” my head appears to be immune from explosions. (Is head immunity anything like herd immunity? A topic for another time…)

It is amazing—I would have once said head exploding—that anyone would attempt to sanctify a long-time criminal and blight on his community like George Floyd, much less get away  with it. Nonetheless, months after Floyd died after a  cruel and incompetent (but not racist) police officer put his knee on Floyd’s neck, the news media and Black Lives Matter flacks are successfully selling the tall tale that his life was a tragedy of unfulfilled potential because he had the misfortune to live in the United States of America.

[Quick review: Floyd moved to Minneapolis after being released from Texas prison for aggravated robbery. He went to jail 5 times and as a perusal of his record shows, he can be fairly described as a career criminal. Floyd was a habitual lawbreaker, involved in drug abuse, theft, criminal trespassing, and aggravated robbery, who once broke into a woman’s home and pointed a gun at her stomach while looking for drugs and money. He had probably taken an overdose of fentanyl and methamphetamine at the time of arrest, and it is quite likely that this, and not Derek Chauvin’s knee, is what killed him.]

I’m old enough, more’s the pity, to remember the Sixties fad of arguing that all criminals were victims of  their upbringing and a Hobbesian society for those who were not white and rich, and that it was heartless to punish those who were really society’s victims, not its predators. This was a very old progressive trope, notably championed by Clarence Darrow, who argued that there is no free will, and that criminals are doomed from birth, this making it an abuse of power for society to punish them. This logic was the epitome of bleeding heart liberalism, and helped make the word “liberal” a term of derision. I did not expect it to make a comeback.

Yes, I’m an idiot.

Now, however, in no less a legitimate forum than the Washington Post, Toluse Olorunnipa and Griff Witte make the argument that if the U.S wasn’t so racist, Floyd, despite all outward appearances, might have been a great American.

Read the thing, take a while to tape your skull back together, and then resume reading here. Watch out;  this is the third paragraph, and it comes up quick:

Continue reading →

Ethics Dunce: Yelp

/ Jack Marshall / 10 Comments

yelp-black-slant-1920

Oh yes, this will work out well.

Yelp,  the online review company, has announced its plan for a submissive grovel to Black Lives Matter and an atack on “systemic racism”: it will post alerts that a business has been accused of racism. The key word is “accused.” The company claims that following the “alert,” it will investigate the claims, but that is absurd: Yelp has neither the staff, expertise nor credibility, and definitely not the authority or access, to investigate such accusations.

Yelp has had well-documented problems with reviews from angry employees, fake customers, and real customers with dubious complaints or sinister agendas. However, in the corporate rush to show alliance with the mostly-peaceful protesters savaging so many cities, Yelp has decided to go all in and buy a ticket on the George Floyd Ethics Train Wreck. From the announcement of the new race-baiting initiative:

 “Over the summer, Yelp rolled out a number of initiatives to help users find and support Black-owned businesses. We partnered with My Black Receipt on the launch of a Black-owned business attribute and joined the 15 Percent Pledge to further amplify Black-owned businesses. While searches for Black-owned businesses surged on Yelp, so did the volume of reviews warning users of racist behavior at businesses. Today, in response to this, we will now place a distinct Consumer Alert on business pages to caution people about businesses that may be associated with overtly racist actions.”

Here is the “alert”:

Continue reading →

Columbus Day Weekend Ethics Warm-Up, 10/10/2020: Dumb Tweets, Rigged Reviews, Insane Academics, And Police Conduct Worth Protesting

/ Jack Marshall / 48 Comments

Is it that time again already? Great, now we have to listen to more Statue Toppling rants from anti-Columbus zealots who don’t think changing the world unquestionably for the better and setting in motion the chain of events that allowed the United States to exist is worthy of a day of recognition.

1. I confess. Although I bailed out of following baseball this “season” when MLB’s groveling to Black Lives Matter became too much to bear, I do check the scores now and then, and thus am taking some pleasure in the fact that the New York Yankees were eliminated in the best of five Divisional Play-offs by the Tampa Bay Rays, making it eleven straight years since the Bronx Bombers got to the World Series.

2. Idiotic tweets that did not come from the White House. Whether one believes the Doomsday Polls or not, it is beyond question that President Trump’s prospects this November would be far brighter were he able to resist sending out dumb tweets, many of which I have highlighted here. (There is a Trump Tweets tag, if you want to reminisce. Like so many of his regrettable proclivities, this one is apparently contagious. Powerline recently flagged three head-exploders:

  • From Washington governor Jay Inslee:

Inslee tweet

  • From former CIA director and Deep State Trump saboteur John Brennan:

Brennan Tweet

Those who visit here often know that by Ethics Alarms standard, quoting “Imagine” as if this infantile doggerel by John Lennon is profound automatically wins any “Dumbest” competition.

Continue reading →

The American Bar Association Has Lost Faith In Professionalism, It Seems.

/ Jack Marshall / 12 Comments

For as long as I can remember, lawyers took pride in that fact that they could pound away at each other in the court room, shout, sneer, mock and beat an adversary into a metaphorical pulp, and put it all aside the second the case was finished. The idea that being friends, even close friends, with an opposing advocate compromised a lawyer’s determination and willingness to fight for his or her client was an anathema to the whole concept of professionalism. During the Civil War, West Point classmates on opposite sides sometimes met before a battle, shared a whisky, old memories and a few tears, and the next day did their best to kill each other. That mindset was analogous to how I was taught lawyers were supposed to behave, and, indeed, did.

Now the American Bar Association has apparently decided that it was all a myth. In  Formal Opinion 494, “Conflicts Arising Out of a Lawyer’s Personal Relationship with Opposing Counsel,” the ABA expresses doubts that many lawyers are up to the task.

“A personal interest conflict may arise out of a lawyer’s relationship with opposing counsel, the ABA now says. “Lawyers must examine the nature of the relationship to determine if it creates a …conflict and, if so, whether the lawyer reasonably believes the lawyer will be able to provide competent and diligent representation to each affected client who must then give informed consent, confirmed in writing.”

The opinion breaks possible personal relationships into three categories:

Continue reading →

Theoretically Tuesday Ethics Nightcap, 10/6/2020 (All Right, Both Of These Should Be Individual Posts): The Impending Wauwatosa Riots And Reflections On The Distinction Between Racism And Being Treated As A Minority

/ Jack Marshall / 54 Comments

Back to the Future

Why “theoretically”? This post was almost finished at about 6:15 pm yesterday. Then I heard a scream from my wife: Spuds, our delightful rescue dog of a month’s duration as a Marshall had somehow shed his lead and dashed off in the direction of the field behind the school near our house. I had to fumble for my shoes (I’m barefoot most of the day—keeps the gout away!) and a sweater, pause for a brief, clearly unfair “how could you let this happen?” exchange with Grace (that I paid for later,) and went running in the direction of my wife’s “He went thataway!” finger. The odds were high where Spuds would be. Of late he has frequently joined a small group of delightful dogs (there’s Snow, Star, Minnie, Hunter, and other occasional drop-ins) and their owners for a sundown romp. He was not scheduled for a playdate, but had decided, I assumed, to schedule one himself. Sure enough, there he was, wrestling with Snow the Samoyed. It only took me about twenty minutes to collar him: he knew he was in trouble.

After that adventure, I was beset by one vicissitude of life (my Dad’s phrase) after another, and never got back to the office….until now, at around 4:30 am Wednesday morning. Spuds woke me by rolling over onto my face, and I decided to finally get this post up.

1. Oh great: here comes another one. Wauwatosa, Wisconsin police reported that a 17-year-old fired a gun before he was fatally shot by a police officer in a Mall parking lot in February. There is no question that the shooting victim, Alvin Cole, had a 9 mm semiautomatic handgun and ammunition on his person when he was shot; they were recovered at the scene. The gun had been stolen. Police were summoned after a disturbance was reported inside the mall; Cole ran from police and according to the police report, fired first. Officer Joseph Mensah fired five shots at Cole, police said, killing him.

Tomorrow, that is, on the October seventh, the DA is  supposed to hand down the decision of whether to indict Mensah. Fortunately, Mensah is black, so the racist cop trope is a bit harder to maintain that in other recent incidents. But now, thanks to so much of the culture swallowing whole the false litany of Black Lives Matter,  the assumption is that any time a black man, and especially a teen, is shot in a confrontation with police, it’s an example police brutality. If Mensah was white, I assume the riots would have started already. The city is preemptively closing the schools and City Hall among other pre-riot measures. Once again, Facts Don’t Matter.

Continue reading →

“Wait, I Have The Right To Consult A WHAT?”

/ Jack Marshall / 19 Comments

Miramda attorney

Devin Malik Cunningham, 21, is accused of the robbery and murder of a 71-year-old man. His lawyers argued that his confession should be excluded from the trial because he didn’t understand the Miranda warning given to him when he was arrested. Specifically, Cunningham claims that testified that he was confused when asked whether he wanted “an attorney,” and that is why he agreed to speak with police.  He said that he thought an attorney is a judge.

No wonder he didn’t want to speak to a judge. Judge William Amesbury of Luzerne County, Pennsylvania ruled that his claim was absurd, noting that there was no evidence of a cognitive or learning disability that would support Cunningham’s alleged misunderstanding.. There was also evidence that an arresting  officer explained during questioning that an attorney is a lawyer.

I wonder what is the presumed understanding of basic English vocabulary words for an English speaker. Cunningham’s Hail Mary defense, if accepted, might have opened up a brand new avenue for accused criminals, sexual harassers, and those derided as uncivil. I think he may have made a bad choice regarding what he thought “attorney” meant. Why not plead complete confusion: he thought an attorney was a platypus! Or a salve for athlete’s foot!

Continue reading →