Law & Law Enforcement

And Yet Another Evening Ethics Watch, 10/29/2019, Because Everything Has Been Upside Down At ProEthics Lately…

/ Jack Marshall / 8 Comments

Good evening again.

We’ll have to stop meeting like this.

1. Can’t make up my mind if I want there to be disastrous botched ball/strike call in Game 6 of the World Series or not. It will take one of those—a bad call that turns the game and eventually the World Series around to get MLB off its metaphorical butt and force it to establish an electronic pitch-calling system. Of course, it is worth noting that one of the most devastating wrong umpire calls in history stole a World Series away from the St. Louis Cardinals in 1985, and it took another 30 years for baseball to adopt an instant replay system that would have reversed it.

Don Denkinger was the first base umpire in Game 6 of the 1985 World Series in Kansas City.  The St. Louis Cardinals led the home team Royals by 3 games to 2, and tooka 1–0 lead in the 8th inning. In the bottom of the ninth, Jorge Orta, the leadoff batter for the Royals, hit a slow roller to Cards first baseman Jack Clark. Clark tossed the ball to his pitcher, Todd Worrell, who was covered first base. Orta was out by half a step, but Denkinger called Orta safe, even though television replays and photographs clearly showed that he was out by half a step. Orta eventually scored, allowing the Royals to go  on to win Game 6 by the score of 2–1.

Denkinger was the home plate umpire in the Series-deciding Game 7, apparently driving the angry Cardinals mad. Denkinger ultimately ejected both Herzog and pitcher Joaquín Andújar in the fifth inning, as the game deteriorated into Royals rout,  11–0 . Denkinger accepted that he had made a terrible call, but as was the ethics in baseball at the time, took the position that such mistakes were an unavoidable part of the game. In  aftermath of the 1985 World Series, Denkinger death threats, from Cardinals fans. Two St. Louis disc jockeys doxxed him, giving out the umpire’s telephone number and home address. He was a well-regarded umpire, who at 83 years of age will still sign photographs of “the Call” when asked.

I guess I don’t want to see another umpire suffer Denkinger’s  fate tonight. It is inevitable that there will be a bad call of a strike or ball that makes an umpire a lifelong pariah, unless baseball locks that barn door as soon as possible. Continue reading →

Another Leap Down A Slippery Slope: Massachusetts Repeats The Michelle Carter Debacle

/ Jack Marshall / 18 Comments

The Suffolk County (Mass.) District Attorney has charged Inyoung You, a 21-year-old South Korean native and former Boston College student,  with involuntary manslaughter in the suicide of 22-year-old Alexander Urtula, who jumped to his death on May 20, 2019, the day he was going to graduate.  You was in cellphone contact with her boyfriend that day, and was at the scene when he plunged to his death.

While Urtula struggled with mental health issues throughout the pair’s 18-month relationship,  You was “physically, verbally, and psychologically abusive, and was so “wanton and reckless” that it  “resulted in overwhelming Mr. Urtula’s will to live,” the DA told reporters. “She was aware of his spiraling depression and suicidal thoughts brought on by her abuse, yet she persisted, continuing to encourage him to take his own life.”  Among the over 47,000 text messages sent by You in the two months leading up to Urtula’s suicide, here were hundreds “where (You) instructed him” to take his own life, as well as “claims that she, his family and the world would be better off without him.”

Nice.

But is it criminal?

There are differences in the two cases, but this is redolent of the 2017 prosecution and conviction Michelle Carter, who was convicted in the Bay State of involuntary manslaughter for urging her 18-year-old boyfriend, Conrad Roy III, to kill himself, which he did. The conviction was upheld by an appeals court this past February, so Carter will apparently serve out her entire 15 month sentence—for the content of her text messages. Continue reading →

An Excellent Analysis Of The Impeachment-As-Coup Attempt Now Underway

/ Jack Marshall / 24 Comments

As an ethicist, I frequently have to remind my clients that I will not give legal opinions. That’s not my job, though I am a licensed attorney. I know I sometimes venture into law as well as other areas that I have a more than casual interest and knowledge of, such as Constitutional law, history, theater, and popular culture, but there are topics covered here by necessity that require me to opine beyond my primary expertise to an uncomfortable extent.

I have especially wrestled with this problem regarding the recent impeachment assualt by the Democrats, “the resistance,” and the news media, which are essentially the “axis of unethical conduct” in this matter. (I will henceforth use the shorthand AUC.) A half written explication of what is going on—“What’s going on here?” is the starting point for most ethics analysis, after all—is sitting in my drafts file, causing anxiety like an unpaid debt. Thus I am relieved and grateful for the Wall Street Journal column that was published over the weekend, an analysis by David B. Rivkin Jr., Elizabeth Price Foley titled “This Impeachment Subverts the Constitution.”

I am relieved, because the column is remarkably consistent with my own conclusions and analysis. See? “I’m smart! I’m not dumb like everyone says!”

I have been writing on Ethics Alarms that the efforts to de-legitimize the election and Presidency of Donald Trump have constituted a destructive attack on the Constitution and the American system of government literally from the moment Trump won the 2016 election, and I have been chronicling how, despite my desire to write about non-political matters and despite the fact that this assignment has hurt traffic here and gotten my blog banned from Facebook. I consider it a matter of integrity, responsibility, and civic duty, because the actions of the AUC represent the most important, damaging, wide-spread and perilous unethical conduct to take place in the United States since Watergate, and perhaps longer.

Read the entire article, please. I will point you to some if its important and, as I see them, accurate observations:

  • “Democrats have been seeking to impeach Mr. Trump since the party took control of the House, though it isn’t clear for what offense….The effort is akin to a constitutionally proscribed bill of attainder—a legislative effort to punish a disfavored person. The Senate should treat it accordingly.”

Exactly. I described the effort as akin to a bill of attainder in an argument on Facebook about a week ago.

  • “House Democrats have discarded the Constitution, tradition and basic fairness merely because they hate Mr. Trump. Because the House has not properly begun impeachment proceedings, the president has no obligation to cooperate. The courts also should not enforce any purportedly impeachment-related document requests from the House. (A federal district judge held Friday that the Judiciary Committee is engaged in an impeachment inquiry and therefore must see grand-jury materials from special counsel Robert Mueller’s investigation, but that ruling will likely be overturned on appeal.) And the House cannot cure this problem simply by voting on articles of impeachment at the end of a flawed process.”

This is how I see the situation as well. It is part of the despicable plot that Democrats will force the Supreme Court to overturn their machinations, probably in a ideologically split vote, thus allowing them to attack the legitimacy of SCOTUS, demand court-packing measures, and further unravel public trust in our institutions.

  • “There is no evidence on the public record that Mr. Trump has committed an impeachable offense. The Constitution permits impeachment only for “treason, bribery, or other high crimes and misdemeanors.” The Founders considered allowing impeachment on the broader grounds of “maladministration,” “neglect of duty” and “mal-practice,” but they rejected these reasons for fear of giving too much power to Congress. The phrase “high crimes and misdemeanors” includes abuses of power that do not constitute violations of criminal statutes. But its scope is limited.”

The misinformation being embedded in American minds on this point is frightening. I keep challenging the Facebook Borg’s daily references to the President’s “crimes,” and get back “emoluments,” allegations of conduct that occurred before the election, and election law theories that have no precedent and that are desperate at best. The general attitude of the AUC and its cheering section is that the President has committed crimes because that’s the kind of guy he is. This was the relentless argument of an anti-Trump stalwart whose derangement ultimately sent him around the bend and off the approved commenters list. It is also the orientation of the majority of columnists who populate the New York Times op-ed pages. What they are selling is bigotry: a presumption of guilt because of who and what an individual is, rather than being based on what an individual has done.

  • “One theory is that by asking Ukrainian President Volodymyr Zelensky to investigate Kyiv’s involvement in the 2016 U.S. presidential election and potential corruption by Joe Biden and his son Hunter was unlawful “interference with an election.” There is no such crime in the federal criminal code (the same is true of “collusion”). Election-related offenses involve specific actions such as voting by aliens, fraudulent voting, buying votes and interfering with access to the polls. None of these apply here.Nor would asking Ukraine to investigate a political rival violate campaign-finance laws, because receiving information from Ukraine did not constitute a prohibited foreign contribution. The Mueller report noted that no court has ever concluded that information is a ‘thing of value,” and the Justice Department has concluded that it is not.'”

Thank you, thank you, thank you. A competent news media should have made this clear immediately, because it is true.

  • “More fundamentally, the Constitution gives the president plenary authority to conduct foreign affairs and diplomacy, including broad discretion over the timing and release of appropriated funds. Many presidents have refused to spend appropriated money for military or other purposes, on grounds that it was unnecessary, unwise or incompatible with their priorities…Presidents often delay or refuse foreign aid as diplomatic leverage, even when Congress has authorized the funds. Disbursing foreign aid—and withholding it—has historically been one of the president’s most potent foreign-policy tools, and Congress cannot impair it….In 2013, Barack Obama, in a phone conversation with Egyptian President Abdel Fattah Al Sisi, said he would slash hundreds of millions of dollars in military and economic assistance until Cairo cooperated with U.S. counter-terrorism goals. The Obama administration also withheld millions in foreign aid and imposed visa restrictions on African countries, including Uganda and Nigeria, that failed to protect gay rights.”

There is more. The impeachment Plan S,   the Ukraine narrative, (the complete, updated list was last published here) is no more legitimate or honest than its family members A-R, and all should be considered unconscionable means to an undemocratic end, a soft coup to remove an elected President without the necessity of an election. Rivkin and Foley have performed a great service by laying out so much crucial (and under-publicized) information clearly and persuasively.

___________________________________________

Pointer: Glenn Reynolds

Sunday Ethics Warm-Up, 10/27/2019: The Grant Viktor Bowen Marshall Birthday Edition

/ Jack Marshall / 21 Comments

Samara Orphanage #2, where we found our son,

It’s a good day.

On this date in 1994, my son Grant was born in Russia. His mother, who was unmarried, did not abort him as many women in her position might have and do, but chose to give him up to be cared for the state, as she declared under oath that she could not. For six months, he lived in one of the packed and underfunded orphanages in Samara, near Moscow. Samara is among the most depressing places I have ever visited, only slightly edged out on my list  by Lorton Penitentiary in Northern Virginia, now shuttered, and Lagos, Nigeria.

Our adventure adopting Grant is too long and involved to record today, but I need to do that. Boris Yeltsin was closing down international adoptions, and we were in a group of four American couples racing to rescue some kids before the gates closed for an unknown period. Children were (and are) seldom adopted in Russia by Russians, and usually they end up warehoused until they reach 18, when they are released to the street. Samara was, it is fair to say, a true hell-hole, lacking drinkable water, businesses, and basic infrastructure. The nurses and administrators running the orphanages were kind, caring and dedicated, but they were also desperate. They tried every tactic imaginable to persuade Americans to adopt multiple children. I am still haunted by the faces of the kids that were introduced to us, and who we left behind. I don’t want to think about.

After a week of being shuttled and raced around the Russian bureaucracy, bribing officials with clocks and silverware, Grace and I made it to the U.S. Embassy with our new son and the necessary papers. The documents falsely stated that he was suffering from multiple maladies, the only way an infant could be adopted by foreign parents under the existing laws. In fact, he had been the healthiest baby in Orphanage #2, a trait he has continued into adulthood. He is almost never sick.

Just like Damien in “The Omen.”

We flew back to the U.S. on the “orphan plane,” a regular Moscow-to-New York flight routinely filled with U.S. parents and their adopted Russian children. The sound of crying infants and chattering toddlers was constant the whole flight. It was glorious.

I look at Grant today, a healthy, defiantly independent, iconoclastic young man with a life of opportunities and challenges before him , and reflect upon the kind of life he would be facing in Samara had a series of accidents and random events not brought our family together.

When Grant was 6, he asked me why he was born in Russia (the little sneak had surreptitiously broken into our documents box and read his adoption papers. I told him that sometimes a loving couple’s child would be born in the wrong place, and then his or her parents had to retrieve him. That was what happened with him, I explained. Grant liked that story so much he told all his friends.

The funny thing is, although I made it up at the time, I believe that with all my heart.

Happy Birthday, son.

[It’s also a good day because on this date in 2004, the Boston Red Sox ended 86 years of frustration and won their first World Series since 1918. Grant said at the time that finally he was certain that I would never forget his birthday.]

2. How’s that minimum wage increase working out for everyone? I was in a Taco Bell last night. The chain has added computer ordering, and there was one person behind the counter. Minimum wage increases cost jobs and makes automation cost-effective. It drives small businesses to ruin, and moves low-skilled Americans from work to public assistance. All of this has been well-understood and known for decades, yet the Democratic Party and all of the current Presidential candidates still pander to organized labor the economically-challenged by making minimum wage hikes a rich-vs-poor rallying cry. Given that the increases don’t affect the rich at all and hurt the poor, I judge the advocacy and disinformation awfully close to evil. If that’s too harsh, It is certainly unforgivably unethical. Continue reading →

Ethics Lessons From An Ethics Dunce, Ed Stack, Dick’s Sporting Goods CEO

/ Jack Marshall / 5 Comments

Ed Stack, the CEO of Dick’s Sporting Goods, is profiled in Sunday’s New York Times. He reveals himself as a thorough Ethics Dunce on many fronts, but in doing so performs a valuable service by showing vividly why the world doesn’t work, or at least the United States.

  • Stack had an epiphany, we learn, after the shooting murders of 17 at the Marjory Stoneman Douglas High School in Parkland, Florida. “As Mr. Stack watched the news, he decided to drastically curtail Dick’s gun sales,” we learn.

This is management incompetence, and life incompetence as well. Stack employed pure emotion to make a business decision with unknown impact. Such business practices make an executive untrustworthy by definition.

  • Quote: “But I sat there hearing about the kids who were killed, and I hadn’t cried that much since my mother passed away. We need to do something. This has got to stop.”

More incompetence, and irresponsible as well. More than two years after deciding, based on a single unusual tragedy, that guns are bad, Stack’s level of criticism remains stuck at the “Do something!” stage. Of course, so is the anti-gun movement generally, making Stack an excellent symbol of its lack of policy seriousness and willingness to deal openly with reality. Continue reading →

Saturday Ethics Pitch, 10/26/2019: Calvin Coolidge Was Right, Baseball is Wrong, And Other Revelations

/ Jack Marshall / 8 Comments

Here it comes!

1. Oh-oh...I was worried about this. Early in the baseball post-season there were rumors flying that MLB had deadened its baseballs after a 2019 season that saw records shattered for homer frequency. I wrote (somewhere this month: I can’t find it) that if the sport really did mess with the balls at this point it would be a massive breach of ethics, changing the conditions of the game when the games mattered most.

So far, the conspiracy theorists have been bolstered by the statistics.

 Baseball researcher Rob Arthur revealed in a Baseball Prospectus report on October10 that after nearly 20 postseason games, home runs were occurring at at half the rate the 2019 season’s homer frequency would predict. Arthur allowed for the fact that better pitchers and hitters  made up  playoff teams, and still  concluded that the ball was not flying as far as it did during the regular season. “The probability that a random selection of games from the rest of the regular season would feature as much air resistance as we’ve seen so far in the postseason,” he wrote, “is about one in one thousand.” A follow-up report by Arthur again found significant variation in the flight of the ball this postseason.

This isn’t good.

2. It’s not even 2020, and the New York Times isn’t even pretending  to be objective. Two examples from today’s Times:

  • In a story about Tulsi Gabbard announcing that she would not run for re-election to the House, the Times spun for Hillary Clinton, writing, “Last Friday, Hillary Clinton suggested that Republicans were “grooming” her for “a third party run”, though Ms. Gabbard has denied any such plans.” What was notable about Clinton’s smear was that she said that Gabbard was “a favorite of the Russians. They have a bunch of sites and bots and other ways of supporting her so far.”  This is a variety of “fake news” that the Times excels at, telling only part of the story to manipulate public perception.
  • Headline (Print edition) : “Speaking at Black College, Trump Ridicules Obama For Effort on Racial Equity.”  Wow, what a racist! Attacking efforts at racial equity! In fact, the President criticized the paltry results of Obama’s efforts to advance racial equity. He in no way ridiculed Obama for making those efforts.  Again, the Times is now a master at playing to its anti-Trump readers confirmation bias.

Continue reading →

From The Anti-Freedom of Speech Files: UConn And The Connecticut Hate Speech Law

/ Jack Marshall / 5 Comments

The University of Connecticut  chapter of the NAACP is circulating a video that  shows two students walking through a parking lot blithely shouting out “nigger.” It also sent out a tweet stating, “If you have any information about this racist recording at UConn, please email naacpuconn1909@gmail.com We will not tolerate racist behavior on this campus.”

To make a relevant point at the outset, this is not “racist conduct,” but racist speech at most. Racist speech is constitutionally protected (that First Amendment thingy), but you wouldn’t know it from the Connecticut  law the two students have been charged with violating. It decrees:

Any person who, by his advertisement, ridicules or holds up to contempt any person or class of persons, on account of the creed, religion, color, denomination, nationality or race of such person or class of persons, shall be guilty of a class D misdemeanor.

Ridiculing individuals based on gender or sexual orientation is apparently just fine, though: it’s an old law.  The  charge is punishable by a maximum of 30 days in jail, a fine of up to $50, or both.

Jarred Karal and Ryan Mucaj, the two idiots involved, face  possible expulsion from UConn for violating the school’s code of conduct. That’s a separate issue. A school has a right to make reasonable demands on student comportment, and civility, but what is “reasonable” is an ethical gray area. If the students thought they were alone, for example, I am not sure that a state school should be able to punish them. These morons were just shouting the offensive word into the air. Can they be punished for saying “nigger” in their dorm rooms, when they are alone? If the campus NAACP’s circulation of the video is what is disrupting the campus, why isn’t that a punishable offense? The NAACP circulating the video upset and offended more students than the parking lot shouts. Continue reading →

Friday Night Ethics Lights, 10/25/2019: Signs Of The Coming Apocalypse?

/ Jack Marshall / 17 Comments

Good Evening!

1. More evidence of ethics rot and educational malpractice at Harvard. The Harvard Crimson covered an “Abolish ICE” protest on its campus last month. The fact that the supposedly most prestigious college in the nation would have something as idiotic as an anti-ICE protest attended by more than a few unfortunates with closed head injuries is troubling enough, but behold:   student activists attacked  the daily student-run paper  for “cultural insensitivity” and of “blatantly endangering undocumented students on campus.” because it contacted the immigration enforcement agency for comment after the protest had ended.

The Horror.

Now hundreds of America’s alleged best and brightest have signed a petition demanding that the newspaper operate as if ICE didn’t exist.

 Crimson editors Angela N. Fu and Kristine E. Guillaume defended its practices  in the paper this week, protesting that asking for comment is a standard journalism device, arguing in part, “We seek to follow a commonly accepted set of journalistic standards, similar to those followed by professional news organizations big and small. Foremost among those standards is the belief that every party named in a story has a right to comment or contest criticism leveled against them.”

Forget it, Angela and Kristine. You’re supposed to be partisan activists, like the mainstream media.

Ethics experts from the Student Press Law Center and the Society of Professional Journalists supported the Crimson, citing the  SPJ’s Code of Ethics. That’s nice, although I would call the gesture “lip service.”

2. SkyNet is listening. Because of loopholes in their security software, hackers can use  Amazon Alexa and Google Home virtual assistants to eavesdrop on user conversations without their knowledge, and even trick users into handing over sensitive information.

Gee-what-a-surprise….

For once, the American Bar Association got comparatively ahead of looming legal ethics risks created by developing technology by issuing a resolution in August urging bar associations and the legal profession to develop guidelines addressing the risks posed by attorney use of artificial intelligence. It’s a long document, undoubtedly missing many issues on the horizon, and regarding those personal assistants, it lacks an essential sentence: “Don’t let those things get within ten miles of your legal work.” Continue reading →

Mid-Day Ethics Overview, 10/24/2019: TV Ethics, Theater Ethics, Negotiation Ethics…You Know. Ethics.

/ Jack Marshall / 9 Comments

This song is about ethics, right?

Well, to me it is…

1. Unethical non-traditional casting.  Harvey Fierstein is playing Bella Abzug on Broadway. I know that Harvey, being a very large, undisguisably gay, 65-year old actor with a voice that sounds like he gargles piranha, has a tough time finding outlets for his acting and comic ability (he can be terrific, as he was in his Emmy-winning performance in “Torch Song Trilogy”), but that’s no reason to take it out on the late New York Congresswoman. Abzug was a woman, and being a woman was central to her career, appeal, legend, and legacy. She was not, to say the least, an attractive woman, but that does not mean that it is fair or respectful to cast a 275 pound unattarctive MAN to play her on Broadway. Feirstein is an LGBTQ activist and icon, but he’s ethically confused here.

2. Trump shouldn’t have backed down from holding the Group of 7 Summit at the Trump luxery golf club in Miami. Apparently he did so because Republican members of Congress complained about it, and they complained about it because they knew it would spark more bogus accusations of Emoluments Clause violations (Impeachment Plan C).

Any and every negotiations specialist will tell you that holding a meeting of adversaries in your own territory is a massive advantage. That is why such meetings are often held in Switzerland, or other neutral sites. Holding the Summit at a Trump property makes the President stronger at the meeting, and that benefits the country.

It would have been nice—responsible, educational, fair, honest—if the news media explained this basic principle to the public, but it doesn’t want to justify the President’s decisions or find benign reasons for them. It is in thrall to “the resistance,” and doing a complete analysis of factors involved in a decision like where to hold the Summit just detracts from the effort to undermine President Trump and characterize him as a corrupt and crooked fascist who must be removed from office at all costs.

Republican joined the ignorant stampede because, unfortunately, they aren’t very bright, or very brave. Thus the U.S. voluntarily forfeited a diplomatic advantage because Republicans couldn’t articulate why there was nothing sinister, and much advantageous,  about a world leader holding a meeting at a property that bears his name. Continue reading →

The Black Jack O’ Lanterns

/ Jack Marshall / 39 Comments

In Nyack, New York, a law firm purchased some designer black jack o’lanterns from “Bed, Bath, and Beyond” as office decorations. Some residents complained to a local TV channel and to the law firm, claiming that the decorations were “racist.”

The law firm, Feerick, Nugent, MacCartney, immediately removed them, and soon thereafter, the household accoutrements chain pulled the item from its inventory. Now the law firm is busy grovelling, especially after the local NAACP accused them of “extreme lack of sensitivity.”

I think he meant “a lack of extreme sensitivity.” Isn’t that more accurate?

“We understand that someone complained about them and so once we got word of that we immediately took them down,” said Mary Marzolla, a partner at the racist firm. “We represent people of all colors and faiths, and we would never do anything to exclude anyone from any community,” she added,

What? How do black painted or colored pumpkins exclude anyone from the community? Is she really saying that if an individual, no matter how foolish or addled, complains about anything, then the firm is ethically obligated take remedial action? Is that the standard?  Let’s test it: I’m complaining about the firm’s conduct in capitulating to an idiotic and manipulative claim of racism. OK, Feerick, Nugent, MacCartney, the ball’s in your court.

Satisfy me.

Is there no way in 2019 to tell a hypersensitive wacko, “I’m sorry, but you are a fool. There is nothing to be offended about. I do not have to cater to your paranoia or contrived sensitivities, and I will not.” Continue reading →