Law & Law Enforcement

Comment Of The Day: “Unethical Quote Of The Month: CNN’s Don Lemon”

/ Jack Marshall / 13 Comments

I have so many Comment of the Day-worthy posts to choose from right now that  I could throw darts at the comments list to pick one and hardly go wrong. (Of course, that would be bad for my computer screen).  I decided that I wanted to see if I could get some perspective from Louisville, Ky., where my father grew up, while the Breonna Taylor Freakout is in full, embarrassing bloom. Luckily, I knew I had Glenn Logan as a resource.

The post Glenn was commenting on wasn’t even about the Breonna Taylor grand jury decision, but rather Don Lemon’s evident ignorance about how the government works. Ignorance, however, is the common theme. The George Floyd Freakout was and is a fraud, because the protests were about racism when the episode didn’t involve racism, and about “routine” police brutality when the brutality was sui generis rather than routine and, we now know, was probably not even the cause of Mr. Floyd’s (Or Saint Floyd’s, as BLM would have it) death. By the time Floyd died, Taylor’s unfortunate death was already part of the protesters’ mantra, just as other factually irrelevant episodes have been for years, like the demise of Michael Brown and Trayvon Martin.

There’s a reason Black Lives Matter is really Facts Don’t Matter. If the United States had a less despicable opposition party and a barely responsible journalism profession, making certain the public understood little details like what constitutes a murder, what causation is, and—back to Dumb Don again— how the Constitution gets amended would be a prime directive.

I admit to being a bit obsessed with the rioting and grandstanding around the Taylor grand jury decision, because it is so indefensible on any logical basis, yet so many are so self-righteous about it, and so many assholes are showing their true colors.  How  warped do human beings have to be to threaten and harass diners in St. Petersburg over an incident in Louisville that they don’t comprehend?

And why don’t leaders of the Democratic Party condemn such mindless thuggery? Well, that’s a stupid question: we know why.

Ugh. Don’t get me started.

And if you are wondering why I started writing this at 5 am, it’s because my now healthy, lovable rescue dog is still so insecure that he has to sleep slammed up against me  like a hot, furry incubus, and I couldn’t bear to kick him off the bed, but couldn’t sleep either.

Here is Glenn Logan’s Comment of the Day on the post, “Unethical Quote Of The Month: CNN’s Don Lemon”:

Jack wrote:

“He clearly doesn’t understand how amendments actually get passed, and why this particular amendment will never, never be passed.”

Agreed. Actually, I doubt if he knows or cares how many hoops amendments have to jump through to become part of the Constitution. If he did, he wouldn’t have been so cavalier about his comment.

“It is also incompetent, irresponsible, nonprofessional, reckless and a breach of duty for CNN to allow someone who couldn’t pass junior high civics to pretend to be able to analyze the nation’s political scene.”

Heh. You could make that charge at virtually every TV or cable news outlet in America, and 98% of its newspapers. Which tells you that most of the public, who snoozed through civics and government classes in high school, don’t know anything about how the Constitution is amended, or if they did, have been convinced of some alternate reality. This lazy, feckless disinterest is the root cause of many of our current problems.

“Lemon has been immune from accountability because he is black and gay.”

Very nearly the trifecta. Continue reading →

Shameless Clickbait Or Frightening Evidence Of Late Stage Trump Derangement…Or Both?

/ Jack Marshall / 19 Comments

The post is “The Death Of Justice Ruth Bader Ginsburg Pushed Me To Join The Satanic Temple.” Once upon a time headlines like this were cause for mirth when they appeared in the old National Enquirer or the World Weekly News. I think the best headline I ever saw—yes, even better than “Headless Corpse Found In Topless Bar“— was “Boy, 6, Gives Birth to Sextuplets.”

Still, this one is pretty special. The author says she is a lawyer, and she is clearly a lunatic, yet not that far removed from about half of my Facebook friends. Here are some of her statements…

 I am not the type of person who would normally consider becoming a Satanist, but these are not normal times. 

Rationalization #28, The Revolutionary’s Excuse: “These are not ordinary times.”! And the reason these are not normal times is because of hysterics like her…

Continue reading →

Regarding The Emotional And Ignorant Demands For “Justice” After The Breonna Taylor Grand Jury Decision

/ Jack Marshall / 13 Comments

I had a lot of standard Ethics Alarms movie clips to choose from for this post. Half of them apply, but the one above is the most apt. Indicting the officers involved in the death of Breonna Taylor would have nothing to do with “justice,” and yet that is what we are hearing in what Joe Biden called, fatuously,  “the profound grief & anger today’s decision generated.” There’s nothing profound about allowing primitive instincts and waw emotion govern  one’s words, thoughts and actions.

Let’s look at this phenomenon, if we can stand it. The Boston Globe ran a per se idiotic op-ed  by Jeneé Osterheldt  titled, “Breonna Taylor and America’s wanton disregard for Black lives.”

I’m sure other similar screeds can be or will be found in papers like the New York Times and the Washington Post, but the Globe’s primal scream cretinism will do:

The country made a commodity of Breonna Taylor. It’s always exploited Black lives.A $12 million settlement with her family in a wrongful death lawsuitwas cheaper for Louisville than it would be to charge and indict any cop for killing the 26-year-old. Buying, selling, using, and abusing Black bodies is America’s oldest business….we never should have thought the American government could provide justice to Taylor’s family. Kentucky’s attorney general may be Black, but he is complicit in a system designed to use brutalization and incarceration to enforce law and order. They will tellprotesters to be peaceful and call their killers patriots and just. …This is our American life and Taylor’s American death.

This is completely illiterate and ignorant, factually, legally and ethically, and it is irresponsible for a newspaper to employ a columnist who can’t reason more clearly and express herself more responsibly than that. She confounds concepts and mistakes substance. The officers who shot and killed Breonna Tayloor committed no crime. They would have committed no crime if their gunshots protecting themselves from the victim’s boyfriend, who was not unreasonably shooting at what appeared to be  armed home invaders (the officers were not in uniform), had killed a white woman, or a child, or Ruth  Bader Ginsburg. There was no crime under the law, and it’s not even a very complicated law.  Why are people who don’t comprehend such concepts as “intent,” “crime” and “murder” writing and ranting about “justice” in public forums? Why is anybody giving them access to those forums, where they can make the public less informed, more incensed and less rational? Continue reading →

Thursday Ethics Warm-Up, 9/24/2020: It’s “Supreme Court Day”!

/ Jack Marshall / 13 Comments

Literally!

On this day in 1789, The Judiciary Act of 1789 was passed by Congress and signed into law by President George Washington, thus establishing the Supreme Court of the United States. Notably, it was then designed as a tribunal made up of only six justices—an even number! (The Horror!)  President Washington quickly nominated John Jay to preside as Chief Justice, and John Rutledge, William Cushing, John Blair, Robert Harrison and James Wilson to be Associate Justices.  You should know Rutledge: he sings that cool song about slavery and the Triangle Trade  in “1776.”  You also should recall Wilson from that show—he’s the one slandered by being portrayed as a total weenie, which he most assuredly was not.  Two days later, the six appointments were confirmed by the U.S. Senate.

Nobody thought it was a big deal.

1. We knew the New York Times’ “1619 Project” was flagrant Black Lives Matter-inspired propaganda and based on lies, correct? Ethics Alarms discussed this when the Pulitzers honored the thing’s Liar in Chief, Nikole Hannah-Jones, who even admitted that it was really more about creating a useful “narrative” than accurately presenting history. Ben Crump, the serial race-hustler who gets huge damage settlements for family members of black victims of various tragedies by proclaiming the police and America as racist, cited  the “1619” project’s narrative yesterday while helping to incite riots. See? It works!

But the project is used in many school systems as “history,” and the central dishonesty was a problem, so the Times, without announcement or explanation, erased the central claim of the 1619 Project, which was that the year the first slaves were brought to Colonial Virginia was the “true founding” of the United States.

The  initial introduction to the Project, when it was rolled out in August 2019, stated that

The 1619 Project is a major initiative from the New York Times observing the 400th anniversary of the beginning of American slavery. It aims to reframe the country’s history, understanding 1619 as our true founding, and placing the consequences of slavery and the contributions of black Americans at the very center of the story we tell ourselves about who we are.

Sometime this year, the text became,

The 1619 Project is an ongoing initiative from The New York Times Magazine that began in August 2019, the 400th anniversary of the beginning of American slavery. It aims to reframe the country’s history by placing the consequences of slavery and the contributions of black Americans at the very center of our national narrative.

The change was discovered after Hannah-Jones denied  last week that the project’s core thesis was what she and the Times  had said it was. It “does not argue that 1619 is our true founding,” she said. Well, not any more. Continue reading →

Not Illegal, “Just” Cynical And Unethical: The Bloomberg Florida Vote-Buying Scheme

/ Jack Marshall / 35 Comments

As part of the Democratic Party’s commitment to “go high” in its pursuit of power, Michael Bloomberg is buying the votes of convicted Florida felons for Joe Biden.

Not technically, of course, but that’s exactly what he’s doing. After all, the ends justifies the means. Isn’t that what Mitch McConnell essentially said when he refused to let the Senate vote on…wait, that’s the Republicans. I’m getting my cynical, unethical parties mixed up.

Mike Bloomberg has pledged to pay off the debts of  felons in Florida who have recently been ruled ineligible to vote unless they pay the fines that are part of their punishment.  This is a generous action by Bloomberg, who is devoted to expanding the right to vote of all Americans…no, wait, I’m confused again. The Washington Post reported that only Black and Hispanic ex-felons in Florida will get the gifts, because they they are more likely to vote for Biden than whites.

Nice.

The revelation comes from a memo originally obtained by the Post which read in part, “We know to win Florida we will need to persuade, motivate and add new votes to the Biden column. This means we need to explore all avenues for finding the needed votes when so many votes are already determined.”  Apparently the former New York Mayor with the personal vendetta against the President only cares about the right to vote when it is exercised the way he wants. Of course, Joe Biden and the rest of the party are thrilled to have Bloomberg’s money purchasing votes to defeat that unethical Donald Trump, who will do anything to win.

Republican Rep. Matt Gaetz (R., Fla.), himself possessed of somewhat dubious ethics alarms, told Fox News that that Florida Attorney General Ashley Moody  might launch a criminal investigation of Bloomberg (actually the non-profit organization that he is funding) for vote purchasing. That looks like a stretch. The relevant law, Section 104.061, Corruptly influencing voting, states, Continue reading →

Unethical Quote Of The Month: CNN’s Don Lemon

/ Jack Marshall / 17 Comments

“You know what we’re going to have to do?… You’re going to have to get rid of the electoral college….And if Joe Biden wins, Democrats can stack the courts and they can do that amendment and get it passed.”

—Don Lemon, juvenile CNN host, in another one of his increasingly frequent whiny rants, this one about how unfair the  Electoral College is.

Because Lemon was talking to the dumbest broadcast journalist on television,  Chris Cuomo, and because if Lemon’s colleague realized how ignorant this statement was—never a sure thing when Cuomo is involved—he might have decided that it was better to mislead CNN’s viewers than to point out that Lemon doesn’t know the U.S. Constitution from an anchovy, nobody corrected this howler.

Lemon apparently thinks the Supreme Court “passes” amendments, or something. He clearly doesn’t understand how amendments actually get passed, and why this particular amendment will never, never be passed. Since he doesn’t know what he is talking about, it is incompetent, irresponsible and unprofessional for him to talk about it. Journalists are supposed to enlighten, not make the public more misinformed than it already is, a condition that poses a danger to democracy without being made any worse.

It is also incompetent, irresponsible, nonprofessional, reckless and a breach of duty for CNN to allow someone who couldn’t pass junior high civics to pretend to be able to analyze the nation’s political scene. Continue reading →

The Breonna Taylor Non-Indictments [Updated]

/ Jack Marshall / 19 Comments

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

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

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

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

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

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

/ Jack Marshall / 17 Comments

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

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

The list is much longer.

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

Weak. Continue reading →

Notes On The Ruth Bader Ginsburg Ethics Train Wreck

/ Jack Marshall / 65 Comments

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

In no particular order:

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

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

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

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

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

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

/ Jack Marshall / 23 Comments

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

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

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

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

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

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