Law & Law Enforcement

The Coup In Progress: Presidential Impeachment/Removal Plans

/ Jack Marshall / 27 Comments

I am finally devoting a dedicated post  to this list, in part because I am sick of searching for the thing every time I want to reference it. I will eventually deposit the list along with the Apology Scale and the Rationalizations List as another separate page in the “Rule Book” to your right.

One note on the use of the term coup. Some media pundits, their hands already bloodied, have been making the sophist claim that what has been going on since November 2016 isn’t a coup under the dictionary definition, which requires violence and usually a military take-over. Using cover-terms and euphemisms is a form of lying, and it is an especially common practice from  the Left right now, though the Right has its moments.

A “soft coup,” also known as a silent coup, does not use violence, and is typically based on a conspiracy or plot  aimed at seizing power, overthrowing existing legal authority, exchanging political leadership, changing the political system or the current institutional order. We are watching a long-running soft coup. A soft coup is still a coup.

There have been 19 Plans to abuse various processes, laws and theories, all put forward and promoted by members of the Democratic Party/”resistance”/mainstream news media alliance since President Trump’s election.  The  desired effect of this barrage, apart from serving the goal of removing him without the bother (and risk) of an election,  has been to make it impossible for the President to govern, and to destroy his support among the public.

When Plan S, which late novelist Robert Ludlum might have called “The Ukrainian Perversion” if it had been one of his novels, fails like the rest, or if President Trump is re-elected, the list will keep growing.

The List: Continue reading →

Thoughts Upon Reading The Comments To The Recent “Conscience Clause” Post

/ Jack Marshall / 45 Comments

The comments on the recent post regarding the so-called conscience rule being voided in court generated the comments the topic always does. What follows is a relatively short, general post to frame the issues as clearly as possible.  Admittedly, when a post is titled “When Law and Ethics Converge,” perhaps I shouldn’t have to explicate with a post focusing on the difference between law and ethics. I strongly believe that conscience clauses undermine the law, and are unethical, as you will see.

Law and Ethics are not the buddies people think they are, or wish they were. If you look around Ethics Alarms, you see why. Ethics, as the  process by which we decide and learn what is good and right conduct, evolves with time and experience. A predictable cut of a society’s ethics are always going to be a matter of intense debate. Ethics are self-enforcing, for the most part and by nature, because being ethical should make us feel good.  Once an authority or power starts demanding conduct and enforcing  conformity, we are mostly out of the realm of ethics and into morality, where conduct is dictated by a central overseer that, if it is to have genuine authority, must be voluntarily accepted by those subject to its power.

Society cannot function on ethics alone. Without laws, chaos and anarchy result. Because chaos and anarchy are bad for everyone, no individual who has accepted the social compact may decide which laws he or she will follow and which he or she will defy—at least, not without paying a price, which is society’s punishment. In ethical terms, this is a utilitarian calculation: we accept laws that individually we may find repugnant, because allowing citizens to pick and choose which laws they will obey as a matter of “conscience” doesn’t work and has never worked. Ethics pays attention to history.

Thus it is ethical to obey the law, and unethical not to,  even if good arguments can be made that particular laws are themselves unethical. This is where civil disobedience comes in: if a citizen chooses to violate a law on a the basis of that citizen’s conscience or principle, the citizen also has to accept the legal consequences of doing so as an obligation of citizenship. Continue reading →

When Law And Ethics Converge: Goodbye To The Trump Administration’s Unconstitutional and Unethical “Conscience Clause”

/ Jack Marshall / 44 Comments

Today’s decision by U.S. District Judge Paul Engelmayer, voiding the Trump administration’s “conscience rule” that resuscitated the Bush Administration’s similar rule, is right on the law, and, more important for this blog, right on ethics. The Trump version, which was yet to go into effect,  allowed health-care providers to refuse to participate in abortions, sterilizations or other types of care they if they disagreed with them on religious or moral grounds.

It was an invitation to open-ended discrimination, and as objectionable in principle as allowing public accommodations to refuse to serve Jews, blacks or gays. This topic has been thoroughly explored on Ethics Alarms over the years, and I don’t have anything much new to say. In fact, perusing my various essays on the topic, my favorite is one that is so old, it was on the Ethics Alarms predecessor the Ethics Scoreboard (on which I am slowly making progress in my efforts to get it back online) and mentions Paris Hilton, working at Blockbuster, and an earlier incarnation of Colin Kaepernick in the NBA.

I wrote, in 2005, Continue reading →

You Are No Doubt Reading About How Yesterday’s Election Gave Democrats Control Over The Virginia Legislature. Here Is A Notable Component Of That Accomplishment.

/ Jack Marshall / 6 Comments

Be proud, Democrats!

Former Virginia lawmaker Joe  Morrissey  won the state Senate seat for the 16th District in the Old Dominion last night, defeating Independent Waylin Ross.  Morrissey got more than 60% of the votes, showing an enthusiastic  electorate. He will now represent parts of Richmond, Chesterfield County, Petersburg, Hopewell, Prince George County, and Dinwiddie County.

Who is Joe Morrissey? Let me refresh your memory using this post, from 2014. The first half of it was about revolting Republican House member Blake Farenthold—the guy wearing the duck pajamas—

who was, thankfully, finally forced out of office in the wake of #MeToo.  The second half was about Joe: Continue reading →

Comment Of The Day: “Unethical Tweet Of The Month: Rep. Alexandria Ocasio-Cortez (D-NY)”

/ Jack Marshall / 7 Comments

An old, old, lament: “Laws are for the little people…”

I am constantly impressed at the perceptive and eloquent comments that issue from such a large number of Ethics Alarms readers. It cushions the blow of the traffic fall-off here that came shortly after the 2016 election, as the rapid Trump-Haters and resistance acolytes fled to secure echo chambers. (Facebook banning EA didn’t help.) I’d like both, sure, but I’ll take quality over quantity every time.

Aaron Pascal is long-time participant on Ethics Alarms, and he has issued many provocative comments, usually with a refreshing edge. This, in reaction to the most recent of AOC’s annoying and ethics-dead tweets, is one of his best.

Here is Aaron Pascal’s Comment of the Day on the post, “Unethical Tweet Of The Month: Rep. Alexandria Ocasio-Cortez (D-NY)”….

“Jail the poor to free the rich” smacks of a combination of two extreme positions on two separate valid social dilemmas interacting.

First, there is the moderately unsettling (to me) privately funded and operated prison system. It’s been suggested that inmates are the product that is sold to bring in money. If people stopped being put in prison, then the corporations running the prison would lose money. Ergo, they get the politicians (especially the nasty, racist Republicans) to criminalize more activity, and push for longer sentences for smaller and smaller offenses. Especially if the crimes you tighten up on end up imprisoning a disproportionate number of racial minorities. Not a viewpoint completely without merit, but if you assume it’s the norm it certainly encourages a topsy turvy view of criminal activity vs the justice system. It also requires picturing the police, the justice system, the prison system, and the government as really bad, selfish people. Which is only a problem for leftists once you get to the government, which once you assign the blame to those horrible Republicans, the cognitive dissonance goes away. Continue reading →

Morning Ethics Warm-Up, 11/6/19: Goose Shit!

/ Jack Marshall / 14 Comments

Good morning!

My best friend of long standing’s  favorite singer is Nat King Cole. He really doesn’t sound like anyone else, does he? I wonder how many millennials have heard his amazing voice, or would have the perspective to appreciate it.

Speaking of listening, I was prompted this morning to reflect on what a vital life-competence skill listening is. It is really an acquired skill: various Facebook discussions make it clear that most of the Facebook Borg warriors are no longer listening (or otherwise paying attention) to any information that doesn’t bolster their confirmation bias.

What made me think about this today was happening upon an early morning showing of “Casablanca” on Turner Movie Classics. I must have seen the classic a hundred or more times since  first watched the whole movie in college, and yet today was the first time I heard what “Rick” Blaine’s real first name was. All the other times I watched the movie, this passed by my consciousness without leaving a trace, but his real name is used three times. (Hint: it’s not Richard, though that’s what Ingrid Bergman calls him…)

1. A great President in many ways, but also a terrible human being. Watch the culture and the news media bury this. “The Jews Should Keep Quiet: Franklin D. Roosevelt, Rabbi Stephen S. Wise and the Holocaust,” a new book (published in September) reveals new archival evidence that shows FDR’s callous and bigoted treatment of European Jews prior to and during the Holocaust. I know the author, Dr. Rafael Medoff of the David S. Wyman Institute for Holocaust Studies, as a result of his assisting The American Century Theater with several productions that involved the Jews and Israel.

The book’s revelations are not shocking to anyone who had looked at the evidence objectively even before this new material, but Roosevelt is a hallowed Democrat Party icon, and it has been, and I assume will continue to be, resistant to any effort to inform the public of this horrific moral and ethical failing, one of  many FDR was guilty of inflicting.  From a review: Continue reading →

Morning Ethics Warm-Up, 11/4/2019: Ethics Alarms Threats, Lawsuits, Censors And Foes

/ Jack Marshall / 24 Comments

Good morning!

I’m hoping that I can get back on a more regular schedule soon, and I want to express me thanks for everyone’s patience with the unexplained gaps in commentary and the “warm-ups” that have been turning up ad odd hours of the night.

1. Ethics Alarms defamation suit update! The banned Ethics Alarms commenter whose feelings I hurt received notice that his appeal of the trial judge’s rejection of his absurd defamation claims was rejected, as was his motion to file a non-conforning brief, and his motion for sanctions against me as a Massachusetts lawyer.  Within minutes he had filed a motion for reconsideration. This, of course, requires me to file a response. It is vengeance by pro se abuse, of course, and wildly unethical, but I assumed this was what I was in for.

2. More “Welcome to my world!” notes. A Democratic  candidate for Congress in Michigan whom I referenced as an aside in this post in June about one of Rep. Ocasio-Cortez’s dumb tweets invaded my in-box last night to ask that I take down the post, saying in part,

I am sending this email to you to formally request that you remove my name from this website. As you are aware AOC has received a number of death threats.  I am a candidate running for Congress in Michigan and I recently had someone shoot a bullet through the window of our headquarters.  We are in the process of getting security however your decision to place my name on a website with someone who is constantly in danger [is] extremely dangerous to my safety and the safety of others. I have contacted the police & I am also in the process of contacting the FBI.  I will be certain to point out your website.

To which I said, in essence, “Bring it on.” I don’t respond well to threats, especially stupid ones. This party really does have a problem with free speech, doesn’t it?

3. Here’s why I don’t belong to the American Bar Association…President Trump’s Ninth Circuit judicial nominee Lawrence VanDyke was called arrogant, lazy, ideological and an anti-LGBTQ bigot in the American Bar Association’s official evaluation of his qualifications for the post. This was based on accusations against the nominee from unnamed associates, sniping at him from the shadows of anonymity.

“Absolutely outrageous and couldn’t be further from the truth,” protested Nevada Attorney General Adam Laxalt. VanDyke served as state solicitor general under Laxalt, Others interviewed by the ABA for the reports said that their positive recommendations were greeted with perfunctory indifference by ABA personnel. Joseph Tartakovsky, Nevada deputy solicitor general for three years under VanDyke, said his ABA phone interview lasted  seven minutes at most, during which “it was clear to me that she was going through the motions.” Tartakovsky said he was “surprised and dismayed” when he read the ABA’s critical letter, as he  gave VanDyke a strong recommendation, saying he was an “exceptional lawyer” and “born to be a judge.”

I don’t know anything about VanDyke, who could be a legal genius or a judicial hack. I do know the American Bar Association has long been dominated by Democrats and progressives, and is among the many professional associations that has disgraced itself and its members by tacitly allying itself with the “resistance.” The ABA has been incapable of objective assessments of the qualifications of judicial nominees for decades, and should not be trusted with the assignment.

4. Facebook ethics, or what passes for them. Facebook honcho Mark Zuckerberg upset his troops when he announced that his social media platform would not fact-check political ads and censor them for being “false.” Facebook had been using the biased and untrustworthy PolitiFact and Snopes as fact-checkers, so obviously his was the right decision. His minions, however, have been vocal in dissent, even recruiting Hollywood Hard-Lefty Aaron Sorkin to write an “Open Letter” of protest.

I obviously have some experience with Facebook’s objectivity in deciding what information should be published or not, since Ethics Alarms has been banned from the site without any explanation. These people can’t distinguish “facts’ from opinions they don’t like, especially when the opinions contradict the agendas of the Axis of Unethical Conduct (Democrats, “the resistance,” and the mainstream media). Sorkin claims that he fears for children believing that “Kamala Harris ran dog fights out of the basement of a pizza place while Elizabeth Warren destroyed evidence that climate change is a hoax and the deep state sold meth to Rashida Tlaib and Colin Kaepernick.” but the sooner kids learn how to sniff out garbage, the more competent adults they will be. Who is Sorkin kidding? He knows it isn’t the crazy stuff he wants Facebook to smother: he doesn’t want ads that argue that Democrats have been trying to overthrow a President without winning an election, because when you are conducting a disinformation campaign you don’t want any opposition.

 

Unethical Tweet Of The Month: Rep. Alexandria Ocasio-Cortez (D-NY)

/ Jack Marshall / 27 Comments

Ugh.

Call it demagoguery, grandstanding, ignorance, rabble-rousing or whatever you choose, an elected representative of the government tweeting such nonsense to those foolish enough to follow her is irresponsible in the extreme.

Hundreds of protesters hit the streets Friday and Saturday in Brooklyn to protest  police brutality by the NYPD and its crackdown on subway fare evaders. Naturally the demonstrators chanted “No justice, no peace,” the current content free, no thought required  slogan of choice by those who couldn’t articulate what they consider justice if they had a teleprompter. Continue reading →

The Paul Storey Death Sentence Mess

/ Jack Marshall / 4 Comments

In 2008, a Texas jury found that Paul Storey (left) had murdered Jonas Cherry (right), and the prosecutor, Christy Jack, told the same jury deliberating on the proper punishment,  “It should go without saying, that all of Jonas’s family and everyone who loved him believe the death penalty is appropriate.”

Storey was indeed sentenced to death by the jury’s vote. Cherry’s family, however, opposed the death penalty, and said they always had. In 2016, they issued a video reaffirming their principled objection to executions,

Responding to the video, one of the jurors, Sven Berge,  made a  sworn statement in 2017 stating, “Had I known that Jonas Cherry’s parents were opposed to Paul Storey receiving the death penalty, I would have never have voted for death.” The Texas Court of Criminal Appeals, upon a writ of habeas corpus filed by Storey’s lawyers, stayed Storey’s impending execution and   ordered Judge Everett Young  to investigate whether Jack’s statement  had affected the jury’s decision. After a three-day hearing, he ruled last year that ProsecutorJack’s statement  was improper and prejudicial, because it constituted prosecutorial misconduct “to interject the wishes of the victim’s family for the jury to return a verdict of death.”

Not only that, Judge Young also found that the Jack’s statement to the jury was false. This meant that the judge rejected testimony from  Jack defending her claim that the family wanted Storey to die. She had testified under oath that Jonas Cherry’s father approached her during the trial to say he had changed his mind about opposing the death penalty. The judge recommended that  Storey’s death sentence be reduced to life without parole.

As if that wasn’t enough to confuse things, a Texas appeals court, in a 6 to 3 ruling, has held  that new evidence about the prosecutor’s apparent falsehood did not justify reducing Storey’s sentence, not because a lie sent him to Death Row, but because defense lawyers waited too long to raise the issue and should have been more diligent in seeking Cherrys’ views on capital punishment. One of the dissenting judges, In Judge Scott Walker objected to the opinion’s assertion  that  lawyers should to “go prying into the private feelings of a murder victim’s family without a very good reason for doing so,” other than beginning with the presumption that “prosecutors misrepresented the truth or even lied.”

As it stands now, however, Storey’s execution will proceed.

What’s going on here? Continue reading →

Saturday Leftover Ethics Candy, 11/2/19: The Spy In My Hotel Room, And Other Scary Tales

/ Jack Marshall / 12 Comments

Yum.

1. OK, I want to see all of the Facebook trolls who mock every single careless or foolish thing President Trump has ever said to be fair and consistent, and make an appropriately big deal over this astounding quote from the Governor of New York:

“[A]nyone who questions extreme weather and climate change is just delusional at this point. We have seen in the State of New York and we have seen — it is something we never had before. We didn’t have hurricanes or super storms or tornadoes,.”

Now, I’m relatively certain Cuomo doesn’t really mean that New York never had  big storms before the climate started warming, but the President’s critics in social media and the mainstream media never give him the benefit of the doubt, because they just know he’s an idiot…or lying.

In related news of the media double standard and its bash-Trump obsession, this article was given a three-column spread on the New York Times front page: “The ‘Whimpering’ Terrorist Only Trump Seems to Have Heard.” It is a breathless report of the results of a Times investigation into whether ISIS leader Abu Bakr al-Baghdadi really was wimpering, crying and screaming before he was killed by U.S. forces, as President Trump colorfully told the nation.

Let me be blunt: I..Don’t…Care.

Do you? This is like a fish story; it’s a non-material, unimportant fib at worst. Putting such a story on the front page is an exposé all right: it exposes the Times’ complete loss of all perspective regarding the President.

2. AI ethics. As my wife and I were checking out of our New Jersey shore hotel this week, I noticed an Alexa on the desk. Does that mean that our wild midnight orgy with the Mariachi band, the transexual synchronized swimming team and the goats was recorded and relayed to the Dark Web. I don’t know.  A hotel has an obligation to inform guests that these potential spies and future SkyNet participants are  in their rooms, and guest should have the option to say, as I would have, “Get that thing out of there!” Continue reading →