Law & Law Enforcement

Saturday Morning Ethics Warm-Up. 12/14/19: Insulting George Washington And Other Annoyances

/ Jack Marshall / 32 Comments

Good Morning!

1. Now THIS ia an abuse of power! It sure looks as if outgoing Kentucky governor Matt Bevin—he’s a Republican, remember— has decided to take revenge on the state that narrowly defeated him for re-election. Right before he moved out of the Governor’s Mansion, Bevin issued 428 pardons and commutations, often without apparent regard to who or what he was pardoning. He pardoned a man convicted of homicide, after the murderer’s  family raised more than $20,000  to help Bevin pay off a debt owed from his previous gubernatorial campaign.  That wasn’t the only murderer Kentucky got back in its Christmas stocking; there were more, like the man who paid to have his business partner killed, and  another who killed his parents.. Bevin released a man convicted of raping a child.

While many of the pardons issued did involve cases where there were allegations of  sloppy police work and injustice, many did not. Bevin pardoned  Dayton Ross Jones, who pleaded guilty to the 2014 sexual assault of a 15-year-old boy, for example. That crime was captured on video and shared on social media. Jones was sentenced to 15 years in prison in 2016. Now he’s out.

“A young man was attacked, was violated, it was filmed, it was sent out to different people at his school,” Kentucky’s new governor, Andy Beshear said. “It was one of the worst crimes that we have seen. I fully disagree with that pardon. It is a shame and its wrong.”

But there isn’t a thing he or Kentucky citizens can do about it.

2. Let’s ask Chris Wallace about this sterling example of fair and balanced journalism...I know that Ethics Alarms has documented over many years what a partisan, biased, incompetent and dishonest hack Chris Cillizza is, so this is hardly news. Still, he has a job at CNN, which allows him to inflict his hackery on the public. An ethical news organization wouldn’t keep someone like Cillizza around., but as James Earl Jones used to say, “This is CNN.” The disturbing part is that he’s far from the worst hack on its payroll.

A Monmouth University poll this week claimed that Republican voters believed that George Washington was a better President than Donald Trump by only a 44%-37% margin. (Remember: polls.)  Cillizza said that fact that 37% of Republican respondents chose Trump over Washington provides “a useful way into understanding just how rote the fealty is to Trump within the ranks of the Republican Party at the moment.”

Let me just interject here that almost no Americans could tell you anything about George Washington’s terms in office other than the fact that he was the first President. (This is another reason to watch “John Adams.”)

While implying that Republicans are ignorant morons, however, Cillizza neglected to mention another alleged result of the poll: Democratic voters said former President Barack Obama was a better President than George an embarrassing 63%-29% margin. Continue reading →

Morning Ethics Warm-Up, 12/13/2019: Defending Bette, Not Defending Cuba Or The Giant Christmas Penis….

/ Jack Marshall / 15 Comments

Good Morning!

1. Regarding the President’s military pardons. This story is now a month old, and my post about it got derailed, so let me be brief. The uproar over these pardons was overblown, and yes, by the media. I never read any mention in the various reports, for example, about how Jimmy Carter, then Governor of Georgia,  announced his outrage when Lt,  William Calley was sentenced to life imprisonment for murdering 22 unarmed South Vietnamese civilians in the My Lai Massacre . Carter instituted American Fighting Man’s Day in support of Calley, and asked Georgians to drive for a week with their lights on.  Calley only served seven years of his sentence.

It is important for the military to insist on discipline, and I think President Trump was wrong to interfere with it in these cases. Each of them has a different set of facts, but the President’s statement about the inherent unfairness of training human beings to kill, placing them in deadly situations and unimaginable stress, and then punishing them when their fury and programmed violence erupts in illegal violence and other acts (like posing in a photo with a dead enemy  combatant) has validity. My father, who had been in combat in World War II, regarded such crimes as the equivalent of “battle fatigue.” He hated General Patton for slapping the GI suffering from what we now call Post Traumatic Stress Syndrome in a field hospital, and felt that harshly punishing soldiers for the kinds of incidents Trump’s beneficiaries engaged in was wrong and hypocritical.

Any time any convicted American is pardoned, there are arguments that clemency undermines the justice system. In the end, this is a policy dispute. The military has good reasons to object to such pardons, but President Trump’s decision is defensible, and would probably be considered so if he were anyone else.

2.  Cuba Gooding, Jr. is now in Bill Cosby territory. Seven more women have come forward to accuse the popular actor of sexually assaulting them. This brings the total number of accusers up to 22.

In one court filing, a woman alleges that after she met Mr. Gooding at the Sundance Film Festival in Park City, Utah, in 2009, he took her to a concert, where he began to kiss her in a secluded hallway as she was attempting to leave. Then he placed his hands on her buttocks, and pushed onto her crotch so forcefully that her tights ripped.  The woman bit Mr. Gooding’s cheek so she could escape. Another woman accused the 51-year-old Gooding of sliding his hand down her pants and grabbing her buttocks at a restaurant in 2011. Yet another accuser says that he grabbed her vagina twice at a restaurant in  in 2016, according  the court filings.

Gooding’s legal team argues that the new claims are from women looking to cash in  due to his celebrity status. maybe, but history and experience suggests otherwise.

Whatever the culture is that gives men the idea that they can act like this and that there is nothing wrong with it needs to be rejected, since it obviously came special delivery from Hell. I would no more have done any of those things, even in the prime of youth, than I would have ridden a pogo stick into church with a wombat on my head. I assumed everyone was raised like that. Continue reading →

Ethics Catch-Up, 12/12/2019: Special Two-Day Edition!

/ Jack Marshall / 32 Comments

So far, this pre-Christmas slog has been especially horrible.

This post started out as yesterday’s potpourri, and I was interrupted just as I was about to post it. So now its a two-day edition.

1. The IG’s report embraces Hanlon’s Razor. What the report on the FBI investigation of the Trump campaign’s alleged “collusion” says is that he Inspector General could find no documentation of a “conspiracy” or bias against the President, but that the FBI’s conduct was remarkably inept throughout. Hanlon Razor: “Never attribute to malice that which can be adequately explained by stupidity.”

When the AG says that the FBI handling of the investigation raises questions about how it conducts itself in more routine matters, isn’t the obvious next step to find out? If the evidence shows that the FBI doesn’t make such “mistakes” normally, only in a situation—the investigation of a Presidential candidate from the party opposite from the one currently represented in the White House—where one would assume special care would be applied, what would that tell us? One of the AG’s revelations is that “an F.B.I. official who had to sign an affidavit attesting to the accuracy and completeness of a court filing had specifically asked about any relationship with the C.I.A. Mr. Clinesmith altered the email so that it stated that Mr. Page was “not a source,” contributing to the Justice Department’s failure to discuss his relationship with the C.I.A. in a renewal application.”

That’s interesting. And why did he lie? Just “sloppiness”? At some point, repeated errors begin suggesting bias and intent.

It is astounding that James Comey is crowing in the media about the report, when the agency he led showed itself to be thoroughly incompetent at the exact moment when trust and care were most essential. He should hide his head in a bag, as Justice Scalia liked to say.

2. Ann Althouse reads Jamelle Bouie so I don’t have to. Thanks, Ann! After making Bouie an Ethics Dunce numerous times and finding him to be biased, anti-white fool who had no business being published in any fair and responsible conversation, I stopped reading him. Fortunately, Ann Althouse has a stronger stomach than I do, and pointed readers to “Two Articles of Impeachment for Trump Are Nowhere Near Enough/The House should take its own sweet time and investigate many more aspects of the president’s perfidious behavior,”  where he openly analyzes the Democratic impeachment follies as tactic to affect the 2020 election, and, ethics-challenged that he is, endorses that clear abuse of the Constitution, writing in part,

Democrats, in other words, can use the power of impeachment to set the terms of the next election — to shape the national political landscape in their favor. In a political culture governed by negative partisanship and hyperpolarization, restraint won’t save the Democratic majority. But a relentless anti-Trump posture — including comprehensive investigations and additional articles of impeachment — might just do the trick.

He’s scum, pure and simple.

Ann responds, “Does he not hear what he is saying?! He’s telling Democrats to drop the pretense of principle and patriotism and go all out for political advantage.”

3. Benefit of the doubt! That’s rich. The New England Patriots are again implicated in a cheating controversy. I have no read several commentaries, mostly from Boston source, arguing that the team “deserves the benefit of the doubt.”

This is the most unethical, untrustworthy, win-at-all-costs team in a sports league that has no problem crippling young athletes for profit. Sure, it should be proven guilty on facts, not presumption, but a history of being deceptive and breaking rules at very least removes the “How can anyone think we would do such a thing?” factor.

4. Top stories? Below are the results of a poll that tried to determine what the public considered the “top stories” of 2019 according to the proportion of those polled who “heard a lot about” each, by party affiliation.

5.  This is propaganda, not news reporting. Time Magazine, which admittedly is an animated journalistic corpse these days, still makes headlines with its choice of its “Person of the Year,” but that nostalgic notice won’t last much longer with selections like this year’s honoree:  teenage climate change scold Greta Thunberg. The choice is dishonest, manipulative, and absurd. Her impact has been nil; her expertise is imaginary; her cause is futile, and her rhetoric is insulting and hysterical. Few Americans know her name, and the number is still higher than it should be.

Of course, the idiocy of Time’s choice doesn’t excuse President Trump’s gratuitous tweet mocking her and the selection. This is beneath him, or should be. I grasp his logic: since the mainstream media will treat the ridiculous choice with reverence, being all-in on climate change hysteria, so he has to publicize the truth. Sometimes that logic is valid, but not when it comes to punching down at a manipulated and exploited child, which is what Thunberg is. Continue reading →

Even MORE Of The Kinds Of Things That Would Have Been On A Full-Time Impeachment News And Commentary Blog…

/ Jack Marshall / 13 Comments

1 . You know I can’t let this pass: New Age guru and cool Democratic Presidential candidate Marianne Williamson tweeted out both fake news and, given her number of followers and <cough> far more effective disinformation for the kind of idiots who believe Russian bots than any foreign mischief-maker on Facebook:

She only could believe this absurd “report” if  a) she was so ready to believe anything bad about this President that literally nothing could be too absurd to swallow, and b) if she was so irresponsible that she would tweet it to her gazillion followers without checking.  It seems that she read a phony article published on Nov. 16 by MoronMajority.com. by the light of her lava lamp, after itwas then picked up by  the Daily Kos, which could easily use the name “MoronMajority.” After pulling down the tweet, Williamson had the chutzpa to write she wrote that we had to be vigilant against “big lies” in the coming campaign….you know, like hers.

2. Then there is this from Rep. Al Green, who was calling for Trump’s impeachment, and entered resolutions to that effect, long, long before there was any Ukraaine phone call:

Rep. Al Green (D-TX) said on Saturday during an interview on MSNBC that President Donald Trump needed to be impeached “to deal with slavery.”Green, who has previously stated that Trump must be impeached or else “he will get reelected,” said this week that there is “no limit” to the number of times that Democrats can try to impeach the president.

In other words, he is just like every other House Democrat, just not as subtle. And perhaps a little bit more stupid. Asked to explain what slavery has to do with impeachment, Green replied,

I do believe, ma’am, that we have to deal with the original sin. We have to deal with slavery. Slavery was the thing that put all of what President Trump has done lately into motion.We cannot overlook what happened when he came down the escalator and just demeaned people of color when he talked about the s-hole countries. It’s insidious … racism, the president has played on racism and he’s used that as a weapon to galvanize a base of support to mobilize people.So, I appreciate whatever we will do, but until we deal with the issue of invidious discrimination as a relates to [the] LGBTQ community, the anti-Semitism, the racism, the Islamophobia, the transphobia, and also the misogyny that he has exemplified, I don’t think our work is done.

Ah! Now he sounds more typical. This is, of course, Big Lie #4, “Trump is a racist.” John Hinderaker correctly notes on his blog:

Green’s rant is valuable, not because it makes any sense, but because it gives us a window into the Democrats’ real motive for wanting to impeach the president–sheer hatred over political differences. Combined, of course, with the realization that in all probability, he will be re-elected next year if they do not succeed in evicting him from office.

How long can the news media and the public fail to acknowledge this? Continue reading →

If I Had Been Able To Swing A Full-Time Impeachment News And Commentary Blog, These Kind Of Things Would Have Been On It…

/ Jack Marshall / 24 Comments

I. In the House impeachment Report, Chairman Nadler really and truly says this:

“The question is not whether the President’s conduct could have resulted from permissible motives. It is whether the President’s real reasons, the ones in his mind at the time, were legitimate. Where the House discovers persuasive evidence of corrupt wrongdoing, it is entitled to rely upon that evidence to impeach.”

Such an attitude and approach is smoking gun evidence of a rogue process. The President, of course, has not been interviewed, questioned or cross examined. His “real reasons” can only be a matter of speculation, based on the confirmation biases of his prosecutors. In ethics, motives just confuse the issue, because all human actions have complex and interacting motives. In law, malum in re, that is, objectively bad intent, often defines a crime (such as murder), but a legal action does not become illegal because the actor has some wrongful intentions, just as an illegal action doesn’t become legal because the malefactor meant well. For leaders, those who deal in power, distinguishing between rightful and wrongful acts based on motives is particularly difficult, if not impossible.

I suppose Nadler should be praised for candor, but the state of mind of Trump’s inquisitors could not be less trustworthy or more irresponsible. They believe the President to be corrupt, thus they interpret conduct by him which literally any other President could have (and has) engaged in without criticism or condemnation (except on a policy prudence basis) as impeachable. This has been the presumption from the beginning of his Presidency. No leader can function properly in such an environment….which was the idea. Continue reading →

The Damning Fake Video

/ Jack Marshall / 22 Comments

During last week’s  impeachment hearings, Democratic Judiciary Counsel Norman Eisen (above, on the left) presented a video clip showing President Trump  saying: “Then I have an Article II, where I have the right to do whatever I want as President.” Asked to comment on the video, Harvard Law School Professor Noah Feldman—you know, he’s the one who falsely told the committee and America that Nixon “sent burglars” to steal documents from the Democratic National Committee’s headquarters in 1972. That guy— replied, “As someone who cares about the Constitution,” the statement “struck a kind of horror in me.”

Jerry Nadler, Chairman of the House Judiciary Committee, referenced the same quotation as it was heard in the clip , concluding that President Trump “believes that in his own words, ‘I can do whatever I want.’” House Speaker Nancy Pelosi (D-Calif.) was referencing the same video when she said Thursday that Trump threatened  the Constitution by acting as a “king.”

Later in the week, CNN legal analyst Elie Honig twice cited the same clip.  So did MSNBC’s Chris Mathews during  “Hardball,” and  MSNBC host Joe Scarborough on “Morning Joe.” The Washington Post spread the same report about the video.

In all six cases, a video deceptively edited to misrepresent what the President was referring to was used to inflame and deceive.  Continue reading →

Sunday Ethics Warm-Up, 12/08/2019: Bulletin! The New York Times Reports Pro-Trump News Straight!

/ Jack Marshall / 13 Comments

You wouldn’t believe what I am dealing with right now, so I’m not even going to tell you.

Let’s just say that in this case, writing ethics stories is a welcome respite..

1. Let’s give credit to the New York Times. On its front page Saturday, the Times highlighted three large graphs, one showing that “monthly job gains under President Trump have shown strong, consistent increases “even after a decade of economic expansion”; one showing that wage growth has “picked up momentum,” and the other showing that unemployment has dipped below “full employment.”

All of this, plus a record high stock market, are just as candidate Trump promised and predicted.

The Times then says,

“With 11 months to go before the 2020 election, a polarized electorate is dividing itself by which story line it views as more pertinent — the president’s potential abuse of power, or the comfort of a steady paycheck credited to his leadership.”

Gee, let’s see…. “potential abuse of power” that was not an abuse of power at all, or jobs, higher wages, and rock bottom low unemployment. Tough choice. What a dilemma.

Give the Times credit for making it ridiculously clear what a big lie Big Lie #5 (“Everything is Terrible!”) is.

2. But let’s not get carried away! Here’s another Times headline from the same edition: Continue reading →

Now THIS Is An Unprofessional Lawyer!

/ Jack Marshall / 14 Comments

And juuuuust a bit uncivil, I’d say. I  may be wrong…

In a motion to dismiss an insurance law suit, Allstate’s lawyers revealed this remarkable conduct on the part of plaintiff’s attorney Christopher Hook in his communications during the case. According to the declaration of those attorneys in their motion, Hook said or wrote…

  • “Fuck you crooks. Eat a bowl of dicks.” (Declaration of Peter H. Klee, Ex. 1, p. 5)
  • “I’m going to let the long dick of the law fuck Allstate for all of us.” (Id., p. 7)
  • “Hey Klee you Cumstain the demand is now 302 million. Pay up fuckface.” (Id., p. 8)
  • “Peter when you are done felating your copy boy tell Allstate the demand is now 305 million.” (Id., p. 9)
  • “[Other Sheppard Mullin attorneys] may not be too smart but at least they have some fucking dignity and honor unlike you two limp dick mother fuckers.” (Id., p. 10)
  • “What is Wright going to do when he finds out Allstate is using people who are borderline retarded to adjust complex claims. That’s what I’m going to do. Demand increases tomorrow.” (Klee Decl., Ex. 1, p. 11)
  • “Anytime now faggot.” (Id., p. 13)
  • “I want my clients’ money gay boys.”

Continue reading →

The Pro-Impeachment Experts, Making the Public Dumber

/ Jack Marshall / 8 Comments

Prof. Gerhardt, making you dumber.

An ongoing theme of Ethics Alarms, not merely related to politics and the news media, is the unethical conduct of intentionally misinforming the public for partisan or ideological agendas. For professionals and those holding themselves out as experts, this is especially unethical conduct, and damaging. Academics, professionals and experts are obligated to use their knowledge to enlighten the public. Using their authority and credentials to deceive them, thus betraying the public trust, is unconscionable. Particularly since the elites in academia decided to help remove Donald Trump, this has become epidemic.

A signal of what was to come revealed itself on election night, when CNN produced once respectable historian Douglas Brinkley, now a shameless partisan hack of the worst sort, to explain to America that Hillary Clinton’s loss was really because Americans seldom vote for the same party to be in the White House three elections in a row. As I wrote in one of my posts about this lie, which no CNN talking head had the knowledge or integrity to challenge,

…esteemed Presidential historian Doug Brinkley, for reasons known only to himself, went on the air live on CNN and concocted a new alibi for Hillary Clinton and the Democrats. using fake history to do it. He said that there were powerful historical patterns at work in Hillary’s defeat, and that it is always hard for any one party to hold the White House for three consecutive terms. Then, as exceptions to the rule and to show how rare the exceptions were, Brinkley cited Reagan successfully pushing George H.W. Bush on the nation as his “third term,” and then went all the way back to 1836 for his other exception, when popular Democrat President Andrew Jackson got his acolyte Martin Van Buren elected to succeed him.

For days after this, I kept hearing Brinkley’s observation cited by talking heads and my disappointed Democratic friends, yet what he had said was wildly, unforgivably untrue. On election night, I ticked off the instances where one party has held the Presidency for more than two terms on the spot, right after Brinkley’s fiction (much to the annoyance of my wife):

After Van Buren, there were a bunch of one term Whigs and Democrats, but Lincoln’s two terms (the last finished by Andrew Johnson) was followed by Grant for two more, Hayes for one, and Garfield/Arthur for four more years. That 6 straight Republican terms, Doug. Then, three terms later, McKinley was elected to two, Teddy Roosevelt for one on top of the McKinley term he finished out, and Teddy anointed Taft as his successor just as Jackson had with Van Buren. That’s four straight Republican terms, or as we call it around my house, “More than two.”

But wait! There’s more! After Wilson and Mrs, Wilson served out two Democratic terms, we got Harding, Coolidge, and Hoover, another three Republicans in a row. Then the Democrats made up for those consecutive runs with five straight of their own, courtesy of FDR’s four and Truman beating Dewey. In short, Brinkley gave the nation fake history, which then became fake news.

And he made Americans ignorant. Spinning for Hillary, for example, Whoopie Goldberg told her audience, “You know, there have been very few eight years of one party and eight years of the same party. It doesn’t generally go back to back. The last time I think was Nixon and whoever came in after him was the last. Ford….That was the last time we had a long stretch. When it wasn’t Democrat, Republican, Democrat Republican. So given all the crap that Obama had to eat from his own party, I don’t think Bernie was going to — I don’t think any Democrat was going to–people were going to vote –”

This was regurgitated Brinkley—Hillary also cited him during her endless “It’s not my fault I lost!” tour–and not even accurately regurgitated.  And it’s dead wrong. Imagine: an “expert” whose specialty is American Presidential history was paid to go on national television and used his authority to give out false information about American Presidential history.

The phenomenon has become frighteningly common as the Democratic Party/”resistance”/mainstream media collective has tried to trick, bully and incite the public into supporting its undemocratic cause. The academics recruited by the Democrats for the latest impeachment push have continued to assert outright falsehoods, adopting former Senate Majority Leader Harry Reid’s theory that a lie is virtuous if “it works.” Continue reading →

Saturday Ethics Warm-Up, Pearl Harbor Day, 2019: Actual Crimes, Misdemeanors And Other Despicable Acts Edition

/ Jack Marshall / 13 Comments

Remember.

1. The Bad Guys. This email message was received by George Washington Law School administrators urging it to punish Prof. Johnathan Turley for presenting a factual analysis of the Democrats’ contrived case against Donald Trump:

“I am writing you all after listening to Jonathan Turley’s disgraceful statement defending the corrupt and impeachable actions of President Trump at the House Judiciary impeachment hearing today. I know you all cringe inside knowing that you are affiliated in some way with Turley and have to work or study at the same institution in which he is employed. He is defending the indefensible and I hope that all of the Deans at GWU Law and the students will recognize that he is not serving in the best interest of our country and is a detriment to the success of your school’s future reputation. His actions today were spineless and shameful. He is clearly a lackey for the Trump Administration I trust you will act appropriately and reprimand this sad excuse of a man.”

The email was unsigned, but the school says it did not come from a student. Meanwhile, on his blog, Turley has stated that his “office and home have been inundated with threats from people irate over the fact that I would question the sufficiency of this record for impeachment.” He also has felt it necessary to respond to intentionally false arguments against his positions. That Turley’s employers would be told by anyone that the public courage and erudition of Prof. Turley could possibly be “a detriment to the success” of the “school’s future reputation” show how completely the  mass determination to “get” President Trump has entered the realm of Bizarro World ethics, or perhaps for younger fans of “Stranger Things,” the Upside Down.

A commenter on the post about the email at Legal Insurrection writes,

In The Coming of the Third Reich (2003), historian Richard J. Evans explains how, in the early days of National Socialist Germany, Stormtroopers (Brownshirts) “organized campaigns against unwanted professors in the local newspapers [and] staged mass disruptions of their lectures.” To express dissent from Nazi positions became a matter of taking one’s life into one’s hands. The idea of people of opposing viewpoints airing their disagreements in a civil and mutually respectful manner was gone. One was a Nazi, or one was silent (and fearful).

Today’s fascists call themselves “anti-fascists.” Just like the Nazis, they are totalitarian: they are determined not to allow their opponents to murmur the slightest whisper of dissent. Forcibly suppressing the speech of someone with whom one disagrees is a quintessentially fascist act.

Exactly.

2. The Legacy of Marion Barry.  Usually crooked D.C. politicians who are caught stealing money or passing it along to cronies —and there have been oh-so-many of them, resign, long-time member D.C. City Council member Jack Evans, however, became the first local scam artist to be kicked off the body, which voted this week that he  be expelled after a series of investigations found Evans, the city’s longest-serving lawmaker, used his public office to benefit private clients and employers who paid him hundreds of thousands of dollars.

“He has betrayed each and every one of us,” said council member Mary M. Cheh (D-Ward 3), who is leading the internal investigation of Evans. “You would speak to him about council things, but he was speaking for the people who were buying him.”

This time, for a change, the elected crook is white, so there will be no demonstrations by D.C. residents claiming racism. Whew! Continue reading →