Law & Law Enforcement

Comment Of The Day: On The Death Of Justice Ginsburg

/ Jack Marshall / 68 Comments

Another first: This Comment Of The Day, by Michael West, isn’t related to any post or previous comment. It was triggered by the death today of Justice Ruth Bader Ginsburg (1933-2020), which has immediate political implications with ethical strings attached.

Some past Ethics Alarms posts relevant to the moment are:

and here is Michael’s timely Comment of the Day:

2) Leaders of every party have soiled themselves jumping straight into political maneuvers and demands within hours of Ginsburg’s body even beginning to cool.

3) They have a really really stupid nuclear armageddon countdown timer. If I were an enterprising political commentator, I’d establish a “civil war countdown timer”. No, not like the last civil war (which wasn’t a civil war)…but a real civil war, which would make the last one look like a boy’s nerf-war sleepover. And if McConnell does what he implies he’s going to do in his statement that came out like an hour after the news broke…I’d set that countdown timer to 5 minutes. Since it’s been at about 15 minutes since the Democrats refused to accept the 2016 election and 10 minutes since the riots began this year. Continue reading →

Ethics Warm-Up, 9/18/2020: Boy, It’s Hard To Write About Ethics When What You Really Want To Do Is Run Amuck With A Bloody Sword

/ Jack Marshall / 32 Comments

I don’t even want to talk about the last two days, except to note that what has me proto-homicidal has nothing to do with anything we’ve been discussing on Ethics Alarms.

1. Now THIS is incompetent phishing: “Verizon” contacted me to say,

Dear User :Your incoming mails were placed on pending status due to the recent upgrade to our database, and also exceeded the storage limit of 1 GB, which is defined by the administrator, are running at 99.8 gigabyte. You can not send or receive new messages until you re-validate your mailbox.

  • I no longer have any relationship with Verizon.
  • Verizon no longer runs an email service. It sold its email users to AOL.
  • The letter is ungrammatical.
  • I received that email, along with about 50 others at the same time, telling me I was no longer getting email.
  • “Verizon’s” address was “bavaria2@centurylink.net”
  • The “letter” was signed “VeriZon.”

If you fall for something like that, you are a walking, talking mark, and incompetent at life.

2.  Why doesn’t the public trust the news media? It must be all those Trump “fake news” lies!  CBS News’ Norah O’Donnell used a photo from a “Latinos for Trump”  event in Phoenix to accompany a report on Joe Biden’s Latino event in Florida. The CBS’s chyron read, “Biden pitches crucial Latino voters during Florida campaign stop.”

Here was what viewers saw: Continue reading →

Constitution? What Constitution? A “White Lives Don’t Matter” Program In San Francisco

/ Jack Marshall / 31 Comments

This is just one more Exhibit in the case to prove beyond a shadow of a doubt  that the current “movement” exploiting the death of George Floyd is not concerned with seeking equality of opportunity or eliminating “systemic racism.” Instead, it seeks to install a system that favors races it cares about over others. You have to admit, the evidence is damning.  If this were a trial, I’d request a directed verdict.

From the S.F. Gate:

Mayor London Breed Announces Launch of Pilot Program to Provide Basic Income to Black and Pacific Islander Women During Pregnancy …

Mayor London N. Breed, in partnership with Expecting Justice, today announced the launch of the Abundant Birth Project, a pilot program that provides targeted basic income to women during pregnancy and after giving birth. The pilot will provide an unconditional monthly income supplement of $1,000 to approximately 150 Black and Pacific Islander women in San Francisco for the duration of their pregnancy and for the first six months of their baby’s life, with a goal of eventually providing a supplement for up to two years post-pregnancy. Expecting Justice, a collective impact initiative led by Dr. Zea Malawa at the San Francisco Department of Public Health and supported by the Hellman Foundation and the UCSF California Preterm Birth Initiative, will study the resulting health impacts of the pilot program, which is the first of its kind in the United States….

The program is racially discriminatory on its face, and Breed, Dr. Zea Malawa, the San Francisco Department of Public Health,  the Hellman Foundation and the UCSF  are either civically ignorant, racists, dumb, hoping to get away with something they know is illegal, or some combination of two or more of these.  So are other funders mentioned in the mayor’s press release:Twitter CEO Jack Dorsey, Genentech, the Kellogg Foundation, San Francisco Health Plan, Tipping Point, Economic Security Project, Walter and Elise Haas, San Francisco Foundation, and the Friedman Family Foundation.

The program cannot withstand the inevitable legal challenge. Eugene Volokh, a Constitutional law specialist, explains, Continue reading →

Nah, There’s No Mainstream Media Bias! But Why Is Fox Almost The Only News Source Reporting This Story?

/ Jack Marshall / 23 Comments

This seems such egregious negligence by the mainstream media that it’s almost defiant.

Records from the Justice Department show that at least several dozen phones belonging to members of Mueller’s Russian collusion investigation team were wiped of information. The reasons are supposedly forgotten passcodes,  screen damage, loss of the devices and other explanations, including intentional deletion. All of this occurred before the Justice Department inspector general’s office could review the devices and, obviously, the information they contained.

Hey, what’s newsworthy about that? When I first read about this  days ago, I assumed it would be a major scandal. The mainstream media didn’t even treat it as news. Leaving the reporting to Fox, the story is now pigeonholed as a right wing conspiracy theory. But it’s not a theory! Destroying evidence is a crime, and a lot of evidence related to the investigation was destroyed. Why? Shouldn’t all legitimate news sources be asking why? Continue reading →

Morning Ethics Warm-Up, 9/16/2020: For Some Unexplained Reason, Police Officers Are Feeling Unappreciated

/ Jack Marshall / 51 Comments

1. Even humor sites have to do better than this...FARK is an amusing news aggregator that headlines links to interesting stories from around the web with facetious comments, puns and snark, most of the time avoiding gratuitous political slant, This headline, however, was an outright deception:  Sure the police might have some bad apples, but a review of 2,400 cases only found misconduct 54% of the time.

If you read the story, you will find that those were not just cases, but cases in which innocent people had been convicted of crimes. A study showing 54% of all cases showing police misconduct would be a damning result, but if someone is wrongly convicted of a crime, there is likely to be misconduct somewhere in the process. For those cases, 54% strikes me as low. Moreover, while the headline implies that all of the misconduct found in the study was attributable to police, that’s not true either. The study found that in  the cases studied, 54% showed misconduct by police or prosecutors.

FARK’s headline was just gratuitous and unjust police-bashing. Not funny.

2. For the record…it’s 5:58 am, and I’m still furious over the cretinous response from the Boston sportswriter I discussed in item #4 of last night’s late warm-up. Continue reading →

Shocked—-Shocked!—That There Would Be Violent Protests Over An Unambiguously Justified Police Shooting

/ Jack Marshall / 44 Comments

Okay, I confess. I’m not shocked.

I’m not even surprised.

It has been obvious for years that a critical mass of protesters/demonstrators/rioters who have repeatedly  inflicted their outrage on communities across the country are not doing so because of any reasonable and responsible desire to obtain police reform or address legitimate racial injustice issues. Responsible protests are based on facts, and the majority of the Black Lives Matter-triggered protests, inevitably endorsed by the Democratic Party, have neither waited for the facts to be determined nor cared what they were once they were determined. The objective is to create division, intensify racial hate, intimidate the community to promote concessions and capitulation, to gain power for extreme left and other activist groups, and to do harm.

Last month,rumors that Chicago police had killed an unarmed 15-year-old boy was all that was necessary to cause the mobs to hit the streets, although, according to ABC News, police had justifiably shot an armed adult male who allegedly opened fire on them. But Facts Don’t Matter: 13 police officers injured and neighborhood were trashed.  Also in August, false reports that law enforcement had killed an unarmed man resulted more rioting and looting. Just 90 minutes after the incident, they released a video and statement showing that an armed murder suspect committed suicide when police approached him. Never mind! Any death of a “person of color” with police in the midst of trying to do their dangerous and difficult jobs is provocation enough for violence, slogans, and chaos.

It was considerate of the unusual suspects—Look! Another Casablanca reference! —to eliminate all doubt by rioting over the shooting of madman who rushed a polite officer with a huge knife:

Would you have shot that guy? Oh, why didn’t the brutal police officer wing him? Hey, he didn’t even have a gun! That’s not fair!

That incident was sufficient provocation to sent 100 “peaceful protesters” into the streets of Lancaster, Pennsylvania last night. They vandalized the police station, broke windows, threw bricks, damaged private businesses and looted. They damaged a post office, because post offices are always shooting people of color. “Death to cops” was spray-painted on one building, See? The victim was only attempting to carry out the will of the woke. He was a martyr!

The objective of these protests/demonstrations/riots is to make it impossible for police to function, to intimidate them so that they allow dangerous people to break laws and evade arrest with impunity, and to surrender society to chaos.

The man who charged the officer with a knife was alreday facing trial for stabbing four people in 2019; he wasn’t kidding. Naturally, his family, including his sister who called the police, told the news media that he was a pussycat. This was all the fault of “the system.” “He had an episode. He was just incoherent and acting out,”  she said. “I called to find out what the procedure was to get him some help.”

You know, acting out!

By trying to stab people! Continue reading →

Monday Ethics Madness, 9/14/2020: Accusations, Crimes And Punishment

/ Jack Marshall / 23 Comments

On this day, September 14, in 1814, Francis Scott Key was inspired to write the poem that was eventually set to music and, by act of Congress in 1931, became America’s official National Anthem, “The Star-Spangled Banner.” The poem, originally titled “The Defence of Fort M’Henry,” was written after Key witnessed the Maryland fort standing up to furious bombardment by the British during the War of 1812. A lone, tattered  U.S. flag was still flying over Fort McHenry at daybreak, giving rise to the anthem’s most bracing line, “And the rocket’s red glare, the bombs bursting in air, Gave proof through the night that our flag was still there.”

I’ve listened to the Anthem being attacked more or less my whole life—it’s bellicose, it’s too hard to sing, it’s set to the music of a drinking song, it was written by a slave-holder. What matters is that the Anthem, unlike so many others nations’ anthems, has a authentic historical origin linked to an existtential  crisis in our history, and that it eloquently represents the American character and its dedication to hope, perseverance, and resilience. The Star Spangled Banner may be hard to sing, but when a crowd sings it with  passion, or when a singer knocks it out of the park like the late, great Whitney Houston, only France’s Marseillaise can equal it for sheer chills.

The current assault on the Anthem, and the use of it for cheap political theatrics by refusing to stand and convey proper respect for what it represents, is an attack on American history, values and culture. Nothing less.

1. It’s called “paying one’s debt to society.” I have no intense objection to allowing convicted felons to vote once they have served their sentences. I also have no intense objection to banning convicted felons from voting for life. In 2018, Florida’s voters decided to end the disenfranchisement of those convicted of felonies, except for murder and sexual offenses. Then the battle became whether convicted felons should be required to pay all the fines related to their crimes before they became eligible to vote again.

Well, of course. Isn’t that intrinsically obvious? You can vote when you have paid society’s requirements as a punishment for the felony: whether that is time in prison, or time on probation, or a cash fine, it’s all part of the “debt to society.” Pay that debt, and then you can vote.

But Democrats are expert in representing legitimate requirements and safeguards for voting as sinister voting suppression schemes, so in May  a Florida court ruled that requiring convicted felons, many of whom are indigent, to pay court-ordered fines before they could regain the vote was unlawful discrimination, by imposing an unconstitutional “pay-to-vote system.”

What an astoundingly deceitful and dishonest argument! Is requiring people to pay for their groceries a vicious “pay not to starve to death” system? The fines have nothing to do with voting. The fines have to do with completing the punishment for the felonies. Calling the fines the equivalent of a poll tax is clever but deliberately misleading, yet a court bought it. Fortunately, the U.S. Court of Appeals for the 11th Circuit in Atlanta overturned that decision, and ruled that the 2019 Florida law requiring ex-felons to pay their fines before being re-enfranchised was indeed constitutional.

And it is. Continue reading →

Sunday Ethics Reflections, 9/13/2020: “Hold On To Your Butts!”

/ Jack Marshall / 53 Comments

1. Our aspiring leaders:

  • A 31-year-old female deputy and 24-year-old male deputy were shot while sitting in their patrol car at a Metro rail station in Compton, California. Protesters gathered outside the emergency room at the hospital where they were treated. The sheriff’s department found it necessary to tweet:  “To the protesters blocking the entrance & exit of the HOSPITAL EMERGENCY ROOM yelling “We hope they die” referring to 2 LA Sheriff’s ambushed today in #Compton: DO NOT BLOCK EMERGENCY ENTRIES & EXITS TO THE HOSPITAL,. People’s lives are at stake when ambulances can’t get through.” President Trump tweeted in response to the shooting:

Incredible: flat learning curve. After all the uproar about calling people “animals.” And if the shooters are minorities…The only one who can lose this election for President Trump is President Trump.

  • The Times of Israel reports, based on a recording of a virtual fundraiser, that Joe Biden said that the recent development of Arab states normalizing relations with Israel was “something positive” President Trump is doing “accidentally.”

Stay classy, Joe. To be fair, that has been the narrative of the Democratic Party/”resistance”/news media alliance for four years: if something goes wrong, it is the President’s fault; if something goes right, it’s either wrong anyway because Trump is responsible, or it’s just luck or an accident.

2. And now, from the world of sports! Continue reading →

Saturday Ethics Warm-Up, 8/12/2020: Remembering Boston Busing; Deriding BLM Lawn Signs And The Smug Bias They Represent

/ Jack Marshall / 5 Comments

I remember this date, all right. I was scheduled to do a three hour CLE legal ethics seminar in Rhode Island on the 13th, and all the flights were cancelled. The bar association assumed I would cancel too, but I’m a “The show must go on” guy, and I said, “I’ll be there if I have to drive all night.” And I drove all night.

1. This date also had significance in the history of misguided utilitarian solutions to the problem of racial disparities. In his June 1974 ruling in Morgan v. Hennigan, U.S. District Judge Arthur Garrity held that Boston’s geographically segregated public schools created de facto school segregation that discriminated against black children. He ordered the busing of African American students to predominantly white schools and, punishing innocents for “the greater good,”  white students to black schools. Forced busing  began on September 12, and  was met with massive protests, particularly in South Boston, the city’s main Irish-Catholic neighborhood. Protests continued unabated for months, and many parents, white and black, kept their children at home. In October, the National Guard was mobilized to enforce the federal desegregation order.

The rest of the story: Boston’s draconian and unfair busing plan lasted for fourteen years, and (those who fail to learn from the mistakes of the past are doomed to repeat them) didn’t work. Racial divisions were exacerbated, parents pulled their children out of public schools, and many families moved to the suburbs. Continue reading →

High Noon Ethics Warm-Up, 9/11/2020: Thoughts While Wondering How Progressives Will Try To Reconcile Honoring First Responders With Their Demonization Of Police Position

/ Jack Marshall / 19 Comments

I know the current Democratic Party and its agents, the mainstream media, are immune from self-awareness, but I would think pious reflections on the bravery of the heroes of 9/11 would be so flamingly insincere coming from them that they would just explode from internal and irresolvable inconsistency.

1. Then there’s the NFL…The current demonstrations by NFL players on the field, resuming yesterday as the pro foot ball season “kicked off,” and the leagues’ pandering to them, are, I read in the Times, due to the “killing of George Floyd” and the “shooting of Jacob Blake, and are meant to address “systemic racism” and “police brutality.” However, there is still no evidence that the death of Floyd was a result of racism, and increasing evidence that  Officer Chauvin’s admittedly brutal treatment didn’t kill him. As for Blake, he was not profiled or singled out for his race, but confronted because he was threatening a black woman whom he had previously raped and assaulted. Although the investigation isn’t complete, there is a significant chance that no “police brutality” will be found to have occurred in Blake’s shooting.

Meanwhile, David Bernstein identified the following people who were killed as a result of the Black Lives Matter/ antifa riots and looting: Continue reading →