Law & Law Enforcement

So The Judge’s Wife Is On The Jury…Wait, WHAT?

/ Jack Marshall / 7 Comments

“Hi hon!”

I haven’t seen this before.

Judge Thomas Ensor of Adams County, Colorado, now retired, sat back and allowed his wife to be empaneled on the jury trying Gary Val Richardson for allegedly firing one or two shots in the direction of police officers during a 2013 standoff.

The judge even thought the situation was funny. He joked during jury selection that lawyers should “be nice to Juror 25. My dinner is on the line.” After the jury was selected and sworn in, Ensor told the lawyers that he had never heard of a sitting judge having a spouse or family member on the jury. “There’s nothing wrong with it,” he said. “I think she’ll be a fine juror. I have not spoken to her about this case.”

One of my rules of thumb for avoiding legal ethics problems in trial is that if you’ve never heard of something being done before, there’s probably a good reason not to be the first to do it. Continue reading →

Fortunately, The Ethics Argument Regarding The Riots Is A Slam Dunk. Unfortunately, An Astounding Number Of People Don’t Care Enough About Ethics To Acknowledge This.

/ Jack Marshall / 43 Comments

Olivia Gatwood, the woman who wrote that provocative tweet, is a Los Angeles feminist poet who, presumably, has never heard of the Golden Rule, nor any other ethical system. Yet her analysis is hardly an outlier. In fact, it is a fair summary of the ethical basis of anyone’s position who accepts, excuses, or “understands” the behavior of the George Floyd insurrectionists. They don’t even have the old, perverted utilitarianism stand-by, “the ends justify the means” to claim as justification. What ends? As I am sure I have noted too many times here already, they have no serious or practical answer to the 13th Question: “What is the “systemic reform regarding race in America” that the George Floyd protests purport to be seeking?” I think it is fair to say that if the enablers of the rioters had a legitimate answer to that question, or indeed if they had even given it serious thought, we would have heard or read it by now. “End racism!” isn’t an answer. Neither is “End white supremacy (as we choose to describe it to bootstrap our political objectives.” Nor is “End over-incarceration without addressing the disproportionate criminal activity that creates it.”

Thus all the injuries, deaths, property damage and social division accomplish nothing, except emotional release. Emotional release is not an ethical objective—not at these prices.

Let’s  look at the just the attacks on police and law enforcement and the injuries they caused; this is the “fuck police” section of Gatwood’s exhortation.  Listing property damage in detail is too complicated. The list below comes from Fox News; you wouldn’t expect any other news source to compile such a list, would you? It’s also two days old, so you can assume a current list would be even worse. Continue reading →

Afternoon Ethics Inflammation, 6/4/2020: Censorship, Groveling, And Ice Cream

/ Jack Marshall / 16 Comments

Searching for ethical outrages not related to the George Floyd Freakout,

…..and not having much luck.

1. What does it tell us that so many employees of the New York Times oppose freedom of speech? It’s a rhetorical question. Prominent employees of the New York Times protested because they disagreed with this op-ed by a U.S. Senator:

Opinion writer Roxanne Gay’s argument was typical:

“As a NYT writer I absolutely stand in opposition to that Tom Cotton ‘editorial.’ “We are well served by robust and ideologically diverse public discourse that includes radical, liberal, and conservative voices. This is not that. His piece was inflammatory and endorsing military occupation as if the constitution doesn’t exist.”

Oddly, when Times Op-Ed  writer Bret Stephens called for the abolishment of the Second Amendment, nobody on the Times made the “as if the Constitution doesn’t exist” argument. Moreover, the argument against Cotton in this case is legally dubious to say the least. Whether the Insurrection Act should be used to restore order in riot-torn cities is a separate issue. There is precedent indicating that it can be so used, and even if there was not, Sen. Cotton’s opinion is quite a bit less objectively outrageous than various leftist screeds the Times happily bombards its readers with routinely.

Professor Turley’s reaction: “There is a growing orthodoxy in journalism that is now openly calling for the censorship of opposing views.  It is particularly problematic when opinion writers seek the removal of editors for allowing such opposing positions to be published.” Uh, yes, professor, “problematic.” It is a whole lot more serious than that.  Un-lablable pundit Andrew Sullivan was more assertive, as Turley should have been, tweeting,

The Op-Ed was designed so it offers an opposite view to the Editorial board. Liberals believe that ideas should be open to debate. This should be utterly uncontroversial in a liberal paper….It’s important to understand that what the mob is now doing to the NYT is what they did to Evergreen University. They hate liberal institutions and they want them dismantled from within. These people are not liberal and they are a disgrace to journalism….What’s happening at the NYT is an attempted coup.

Isn’t this inevitable, however? When a news media source regularly manipulates its news and reporting for ideological ends, why wouldn’t its employees eventually lobby for the next step, which is active censorship of views the organization deems “inappropriate”?

2. Note to Drew Brees: If you don’t have the guts to stand up to social media mobs, keep your mouth shut and your social media accounts occupied with football trivia.

New Orleans Saints quarterback Drew Brees had opposed the NFL kneelers, now back in the news because if they had been permitted to keep grandstanding at NFL games, nobody would have knelt on George Floyd’s neck. Or something—I’m sure there’s a connection in there somewhere—by telling Yahoo Finance in an interview, “I will never agree with anybody disrespecting the flag of the United States of America or our country….Is everything right with our country right now? No, it’s not,” Brees said, “We still have a long way to go. But I think what you do by standing there and showing respect to the flag with your hand over your heart, is it shows unity. It shows that we are all in this together. We can all do better. And that we are all part of the solution.”

But then the twitter mob descended, so the big, strong, straight-talking quarterback groveled on Instagram like a little glasses-wearing bot being stomped by a bully, writing on Instagram (accompanied by a nauseatingly pandering graphic of a white hand and a black one grasping each other):

I would like to apologize to my friends, teammates, the City of New Orleans, the black community, NFL community and anyone I hurt with my comments yesterday. In speaking with some of you, it breaks my heart to know the pain I have caused.

In an attempt to talk about respect, unity, and solidarity centered around the American flag and the national anthem, I made comments that were insensitive and completely missed the mark on the issues we are facing right now as a country. They lacked awareness and any type of compassion or empathy. Instead, those words have become divisive and hurtful and have misled people into believing that somehow I am an enemy. This could not be further from the truth, and is not an accurate reflection of my heart or my character.

This is where I stand:

I stand with the black community in the fight against systemic racial injustice and police brutality and support the creation of real policy change that will make a difference.

I condemn the years of oppression that have taken place throughout our black communities and still exists today.

I acknowledge that we as Americans, including myself, have not done enough to fight for that equality or to truly understand the struggles and plight of the black community.

I recognize that I am part of the solution and can be a leader for the black community in this movement.

I will never know what it’s like to be a black man or raise black children in America but I will work every day to put myself in those shoes and fight for what is right.

I have ALWAYS been an ally, never an enemy.

I am sick about the way my comments were perceived yesterday, but I take full responsibility and accountability. I recognize that I should do less talking and more listening…and when the black community is talking about their pain, we all need to listen.

For that, I am very sorry and I ask your forgiveness.

We know what happened here. Brees’ employers and agent todl him he was jeopardizing his income and market public relations, so he was forced to beg for forgiveness. What are the odds that he wrote that apology himself?

But it’s sure reassuring to know that he stands “with the black community in the fight against systemic racial injustice and police brutality and support[s] the creation of real policy change that will make a difference.” I’m sure he knows what that is, and can answer the 13th question.

3. And while we’re on the topic of the 13th question, here’s what socialist Vermont ice-cream makers Ben and Jerry think is an answer. I’ll break in here and there when I can’t stand it…

All of us at Ben & Jerry’s are outraged about the murder of another Black person by Minneapolis police officers last week and the continued violent response by police against protestors.

Like the good Leftists they are, Ben and Jerry begin with falsity to frame their argument. It is not a murder until due process of law had determined it to be a murder. “Another” is rhetorical dishonesty. Police action against rioters, arsonists and looters is not “violent response.” It is mandatory law enforcement.

We have to speak out. We have to stand together with the victims of murder, marginalization, and repression because of their skin color, and with those who seek justice through protests across our country. We have to say his name: George Floyd.George Floyd was a son, a brother, a father, and a friend. The police officer who put his knee on George Floyd’s neck and the police officers who stood by and watched didn’t just murder George Floyd, they stole him. They stole him from his family and his friends, his church and his community, and from his own future. The murder of George Floyd was the result of inhumane police brutality that is perpetuated by a culture of white supremacy. What happened to George Floyd was not the result of a bad apple; it was the predictable consequence of a racist and prejudiced system and culture that has treated Black bodies as the enemy from the beginning.

This is racist, inflammatory, vicious rhetoric calculated to provoke fear, violence and hate.

What happened to George Floyd in Minneapolis is the fruit borne of toxic seeds planted on the shores of our country in Jamestown in 1619, when the first enslaved men and women arrived on this continent. Floyd is the latest in a long list of names that stretches back to that time and that shore. Some of those names we know — Ahmaud Arbery, Breonna Taylor, Oscar Grant, Eric Garner, Trayvon Martin, Michael Brown, Emmett Till, Martin Luther King, Jr. — most we don’t.

Normally I would bail on any article that conflated Emmit Til, who was lynched 75 years ago, and  Martin Luther King, who was assassinated, with Ahmaud Abbery, whose death did not involve police, with Eric Garner, who died in an example of sloppy police work while resisting arrest, with Trayvon Martin, who was killed by a Hispanic man in self -defense and whose death also had nothing to do with police, with Michael Brown. An argument that starts off with such deliberate misrepresentation cannot be respected.

The officers who murdered George Floyd, who stole him from those who loved him, must be brought to justice.

They are arrested and charged, and will stand trial. Or do Ben and Jerry want Emmett Till-style “justice”?

At the same time, we must embark on the more complicated work of delivering justice for all the victims of state sponsored violence and racism. Four years ago, we publicly stated our support for the Black Lives Matter movement. Today, we want to be even more clear about the urgent need to take concrete steps to dismantle white supremacy in all its forms. To do that, we are calling for four things: First, we call upon President Trump, elected officials, and political parties to commit our nation to a formal process of healing and reconciliation. Instead of calling for the use of aggressive tactics on protestors, the President must take the first step by disavowing white supremacists and nationalist groups that overtly support him, and by not using his Twitter feed to promote and normalize their ideas and agendas. The world is watching America’s response.

Translation: Unilaterally submit to our ideological position. Right. Again, this is an unserious argument that is entirely political.

Second, we call upon the Congress to pass H.R. 40, legislation that would create a commission to study the effects of slavery and discrimination from 1619 to the present and recommend appropriate remedies. We cannot move forward together as a nation until we begin to grapple with the sins of our past. Slavery, Jim Crow, and segregation were systems of legalized and monetized white supremacy for which generations of Black and Brown people paid an immeasurable price. That cost must be acknowledged and the privilege that accrued to some at the expense of others must be reckoned with and redressed.

Translation: Reparations! Who didn’t see that coming? Reparations, of course, would do more to exacerbate racial tensions than almost anything I can think of, and again, the idea isn’t serious, because it is politically impossible, and should be. It is a “solution” to justify endless criticism for not adopting it.

Third, we support Floyd’s family’s call to create a national task force that would draft bipartisan legislation aimed at ending racial violence and increasing police accountability. We can’t continue to fund a criminal justice system that perpetuates mass incarceration while at the same time threatens the lives of a whole segment of the population.

Translation: Authentic Frontier Gibberish. It’s meaningless.

And finally, we call on the Department of Justice to reinvigorate its Civil Rights Division as a staunch defender of the rights of Black and Brown people. The DOJ must also reinstate policies rolled back under the Trump Administration, such as consent decrees to curb police abuses.

Police shootings and police involved deaths have declined during the Trump Administration, though the Obama Administration had a completely racialized Justice Department and Civil Rights Division. This is Trump bashing disguises as police advice.

Unless and until white America is willing to collectively acknowledge its privilege, take responsibility for its past and the impact it has on the present, and commit to creating a future steeped in justice, the list of names that George Floyd has been added to will never end. We have to use this moment to accelerate our nation’s long journey towards justice and a more perfect union.

It’s virtue-signaling and dog-whistling without substance.  Like ice cream, it may taste good to many, but there’s little of substance to savor later. The 13th question isn’t even nicked in this screed.

Alert: Prof Turley Reviews The Rod Rosenstein Senate Judiciary Hearing

/ Jack Marshall / 8 Comments

Professor Jonathan Turley, a trustworthy analyst, one of the few, just posted his summary of former Deputy Attorney General Rod Rosenstein’s testimony today before the Senate Judiciary Committee. Despicably, Democrats had attacked the hearings as if there was no reason to be troubled about the way the investigation of “Russian collusion” was handled despite a mountain of evidence indicating that it was biased, motivated by partisanship, and quite probably illegal. Rosenstein’s testimony, as Turley points out, demonstrated how disingenuous that partisan complaint was. He writes, “Rosenstein said that there is a legitimate question of ‘why it happened?’ That would seem to support the hearing that Democrats are denouncing. ”

Why yes, that seems to be a fair assessment.

I recommend reading Turley’s spin-free account because it is unlikely that the mainstream news media will adequately cover the hearing, since that would interfere with cheerleading  and rationalizing the riots.

Is that overly harsh? I don’t think so. Even the sometimes infuriatingly diplomatic professor is showing signs of losing patience at the constant, shameless efforts to bury the truth. I passed the stage he is reaching now a few years ago.

Some highlights and lowlights: Continue reading →

And Fredo Strikes Again! Unethical Quote Of The Month: CNN’s Chris Cuomo

/ Jack Marshall / 23 Comments

“And please, show me where it says that protesters are supposed to be polite and peaceful.”

CNN’s Village idiot Chris Cuomo, during yet another pro-riot rant from the now completely unhinged news network.

Let’s recall once more that Cuomo graduated from law school, apparently one where the entrance qualifications involved drawing “Skippy.” This isn’t the first time he has displayed the legal acumen of the average Clumber Spaniel. In the past, he has said that “hate speech” wasn’t protected under the Bill of Rights. He once said that it would be illegal for anyone but journalists to read Wikileaks posts.

Now, it’s true that protests are not required to be “polite.” However, protests are required to be peaceful. Where does it say that? Why in the Bill of Rights, Chris! Heard of it? It’s clear you never read it:

The First Amendment: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Oh, THAT. Continue reading →

It’s Time To Play The Exciting Game Show, “Pick Your Autopsy!”

/ Jack Marshall / 31 Comments

From the New York Times today:

George Floyd died not just because of the knee lodged at his neck by a Minneapolis Police officer, but also because of the other officers who helped hold him down, a private autopsy found.

Dr. Allecia M. Wilson of the University of Michigan and Dr. Michael Baden, a former New York City medical examiner, were hired by Mr. Floyd’s family to help determine his cause of death. “Not only was the knee on George’s neck a cause of his death, but so was the weight of the other two police officers on his back, who not only prevented blood flow into his brain but also air flow into his lungs,” said Antonio Romanucci, a lawyer for the family.

Well I guess that settles it, then! And that Hennepin County medical examiner conclusion that the county autopsy “revealed no physical findings that support a diagnosis of traumatic asphyxia or strangulation,” and that ” that other factors were involved in Mr. Floyd’s death, including coronary artery disease and hypertensive heart disease”? Obviously rigged, wrong and based on racism. Or a cover-up. Or something.

Autopsies are not supposed to be advocacy proceedings. For the Floyd family to bring out their own, bought and paid-for autopsy to contradict the official one means that the case is being litigated in the news media and outside of the courtroom, and that is not the “justice” that Floyd’s protesters supposedly seek. Continue reading →

Applying The Ethics Alarms 12 Question Protest Ethics Checklist To The George Floyd Freak-Out, And A Thirteenth Question

/ Jack Marshall / 30 Comments

Of course, when a protest turns into violence, arson, rioting and looting, that protest has lost any claim to ethical legitimacy. Let’s (mostly)ignore that Woolly Mammoth in the room, however, to try to assess the George Floyd protests from as positive a perspective as possible.

Here’s the checklist:

1. Is this protest just and necessary?

Outside of the locale where the incident took place, the protests were neither just nor necessary. They were only necessary in Minneapolis if there was a real chance that the police involved would not be held accountable. There was no reason to assume that in the brief time before the mobs gathered and the chants began.

2. Is the primary motive for the protest unclear, personal, selfish, too broad, or narrow?

As in most such cases, the primary motive was and is incoherent. “Expressing outrage”  is by definition too broad to be productive. “Justice” does not mean what the protesters seem to think it does.

3. Is the means of protest appropriate to the objective?

No, if the objectives are a fair trial and due process under the criminal justice system, which it should be. If anything, the protests undermine those objectives.

4. Is there a significant chance that it will achieve an ethical objective or contribute to doing so? Continue reading →

Sunday Evening Ethics, 5/31/2020: Riot Disinformation And Ethics Lunacy

/ Jack Marshall / 11 Comments

Hot enough for ya?

1. Let’s see exactly how much disinformation the pubic will follow and tolerate.

  • Yesterday I and everyone else heard Saint Paul Mayor Melvin Carter and Minnesota Governor Tim Walz claim that most of the rioters were from out of state,  claiming that “the best estimates” were that “outsiders” comprised about 80% of the people arrested. It was nonsense. The arrest statistics showed the opposite was true. As of 11am CST on Saturday, a sample of data from the Hennepin County Jail’s showed that 86% of those arrested provided a Minnesota address to police. Later in the day, St. Paul released arrest information showing that two-thirds of people arrested since Thursday gave police in-state addresses.
  • CNN reporter Reza Aslan actually tweeted that Trump supporters were doing the rioting. Accountability for this ridiculous, straight up lie? None.
  • Cherry-picking isolated episodes from riot scenes around the country, Slate wrote that “Police Erupt in Violence Nationwide,” and that “law enforcement officers escalated the national unrest.”

2.  Let’s see exactly how much disinformation the pubic will follow and tolerate, (cont.) A typical effort: on Thursday, a New York Times front page story announced “Fury in Minneapolis Over The Latest in a Long Line of Police Killings.” What was that “long line”? It was nowhere to be found, at least not in the article. We are told that the Minneapolis police have received “many excessive force complaints, especially by black residents.” Complaints do not equal misconduct. We are told that “Mr. Floyd’s death — and the recent shooting death of Ahmaud Arbery in Georgia — has also prompted comparisons to previous killings involving the police and black people, including those of Eric Garner and Michael Brown.” Continue reading →

Saturday Morning Ethics, 5/30/2020: Burn, Baby, Burn Nostalgia

/ Jack Marshall / 67 Comments

1. Bulletin for Gov. Walz: Derek Chauvin has civil rights too, you irresponsible fool. I have just watched Minnesota’s Governor repeatedly refer to George Floyd’s “murder.” An elected public official cannot and must not do that. If he wants to guarantee that a fair trial in the case becomes impossible, this is the way to do it. There has been no trial, and however horrible the video of Floyd’s  death may be, Chauvin and the other officers have the right to the presumption of innocence. Now a St. Paul’s mayor is at the podium calling for Chauvin to be held “accountable.” Well, he’s under arrest and will face trial, and for now, that’s about it.  All of this outrage porn and virtue-signaling now enables the rioters by pretending that there is anything productive to be done but to wait for the justice system to play out. Continue reading →

Unethical…And Stupid…Quote Of The Month: Minneapolis Restaurant Owner Ruhel Islam

/ Jack Marshall / 36 Comments

“Let my building burn, Justice needs to be served, put those officers in jail.”

—-Ruhel Islam, owner of the restaurant Gandhi Mahal, in Minneapolis, quoted by his daughter in the Facebook post above.

Is it my imagination, or has the police-involved death of George Floyd in Minneapolis generated even more idiotic quotes and responses than these events usually do?

The quote from Ruehl Islam sets some kind of a record: dumbest quote ever to be praised by someone who isn’t a closed-head injury victim, perhaps? The now completely ideologically-deranged New York Magazine, wrote of it,

Published on the restaurant’s Facebook page and since widely shared, Hafsa’s post asks people not to worry, and ends the update with a message of support for their neighbors. Hundreds have responded with messages of support and pride, with one person writing “thank you for living your public life with such integrity and continual love for your community.” Many others have shared similar comments about Ruhel, an immigrant from Bahar Mordan, Bangladesh….Ruhel’s words have been shared across social media by everyone from San Francisco Chronicle restaurant critic Soleil Ho, a former Minneapolis resident, to television host and chef Andrew Zimmern and activist DeRay Mckesson, as a powerful expression of the value of human life over property.

Well, maybe if your goal is to engage in cynical grandstanding and signal warped virtues to a community gone nuts, such a quote isn’t so dumb. Surely regarding it as “a powerful expression of the value of human life over property” is, however. How, exactly, does shrugging off the illegal destruction of private property in a mass tantrum benefit human life? Let’s see: according to a local listing, these are the businesses damaged by the riots, or as CNN calls them, “mostly peaceful protests”: Continue reading →