Law & Law Enforcement

Morning Ethics Warm-Up, 6/18/2019: Nauseatingly Unethical

/ Jack Marshall / 38 Comments

Gooood Morning, and Ick.

1. Illegal immigration battles update:  a) The Empire State’s governor,  Andrew Cuomo,  signed legislation granting driver’s licenses to illegal immigrants—NBC calls them “undocumented immigrants, which is unethically deceptive —right after the measure passed the state Senate. New York is now the 13th state to take this unconscionable  course, creating an incentive as well as a reward for breaking U.S. laws and defying its borders.

There is no justification for ever rewarding lawbreaking  through public policy, unless the objective is to eliminate the law. Yet the Democrats who rationalize these measures still say that their party doesn’t want open borders.  How long can sentient individuals believe that? The existence of these laws, as well as sanctuary cities, prove otherwise. As idiotic and suicidal as it is, an open borders position should at least be honestly proposed and debated, since that is what progressives are really pushing for. I could have some respect for that approach. This one–lying about the intention while undermining immigration laws–is indefensible as well as cowardly.

b) In that vein, Rep. Ocasio-Cortez described the unavoidable detention facilities at the border as “concentration camps.” “I want to talk to the people that are concerned enough with humanity to say that ‘never again’ means something,” she said in an Instagram rant yesterday. Calling the President  a “fascist” (This will be today’s Big Lie entry, as the directory continues), she went on, “I don’t use those words to just throw bombs,” she said, throwing bombs, “I use that word because that is what an administration that creates concentration camps is. A presidency that creates concentration camps is fascist and it’s very difficult to say that. The fact that concentration camps are now an institutionalized practice in the home of the free is extraordinarily disturbing and we need to do something about it.”

How many blatant misrepresentation and lies are in those statements? Well, how much time  ya got? Detention centers are unavoidable. They aren’t concentration camps, and the Holocaust comparison is ignorant, inflammatory and obnoxious as well as false. (“What happened to people in concentration camps?” asked OtherBill, who flagged this for me). The President is bound by his oath of office to see that the rule of law remains intact, and to protect the Constitution. A growing hoard of illegal immigrants breaching the law and established procedures to get over the border and then vanish into sanctuary cities creates a threat to both.  The Nazis put their own citizens into concentration camps (you know, like FDR did with Japanese Americans? ), and then murdered them. The illegals at the border are not citizens, they are not legally refugees until we say so, and the U.S. has no obligation, legal or otherwise, to accept what has become a cynical excuse to flout our laws. Continue reading →

The Constitution, Law, Rationalizations And Ethics—One Of These Things Is Not Like The Other, II: Double Jeopardy Get A SCOTUS Pass

/ Jack Marshall / 23 Comments

The first time I recall being made aware that a state and the U.S. could both charge a citizen based on the same act was during the Rodney King Ethics Train Wreck, when after the jury acquitted the LA cops involved and the riots ensued, the Justice Department charged them with violating King’s civil rights. They were convicted, and sent to prison. That sure seemed like double jeopardy to me [See: the Fifth Amendment to the United States Constitution, which provides in part: “[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb….]  and I wondered why the Supreme Court allowed it.

Why has remained a good question, but when is clear: in 1876, the Court ruled in United States v. Cruikshank that the government of the United States is a separate sovereign from any State:

This does not, however, necessarily imply that the two governments possess powers in common, or bring them into conflict with each other. It is the natural consequence of a citizenship which owes allegiance to two sovereignties, and claims protection from both. The citizen cannot complain, because he has voluntarily submitted himself to such a form of government. He owes allegiance to the two departments, so to speak, and within their respective spheres must pay the penalties which each exacts for disobedience to its laws. In return, he can demand protection from each within its own jurisdiction.

Thus the bizarre construct known as the dual sovereignty rule was born. It means that double jeopardy doesn’t apply when a state and the nation try the same individual for the same criminal act. It seems unfair, because it is unfair. It is, however, old. Continue reading →

The Constitution, Law, Rationalizations And Ethics—One Of These Things Is Not Like The Other, I: The University Of Houston Steals A Photo

/ Jack Marshall / 15 Comments

Two recent cases illustrate how law and even Constitutional law can be perverted toward indefensible ends if compliance is the only objective, and ethics are left out of the equation. The first case comes to us from Texas, University. of Houston System .v.Jim Olive Photography.

Houston photographer Jim Olive  discovered during an online check of his copyrighted works that the  University of Houston had appropriated one of his photographs and was using it extensively in its  web and print promotional materials. It was an overhead, aerial image of the City of Houston at dusk in 2005 that Olive went to great expense and effort  to produce.  He rented a helicopter, hired a pilot, and utilizing special photography equipment, suspended himself from the helicopter with a harness.

The university admired it, and found the shot ideal for its purposes, so it  downloaded the photo from Olive’s stock library, removed the copyright markings, and did not credit him when they used it. Olive sent the school a take-down letter and a bill, and the university refused to pay. Then he sued, but the university responded  that it has sovereign immunity, and can’t be sued, because he isn’t a citizen of Texas. The Eleventh Amendment reads in part,

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

The photographer had no right to sue under the U.S. Constitution unless the school waived its sovereign immunity or the act of using the photograph constituted a “taking” of property, the University’s lawyers  argued. When the trial court sided with Olive, the University appealed.

The Court of Appeals has ruled against Olive, declaring  that the school’s actions wasn’t a “taking.” Not only can’t Oliver sue to be paid for the use of his photograph,  he will have to pay the university’s legal costs.

“It just doesn’t seem fair to me,” says Olive.  I’d say his instinct is accurate, but this is the law: fairness is beside the point. To make the ruling even more disturbing from an ethics perspective, the University has a page on its site directing readers to  report copyright infringements – and also to request permission to use UH intellectual property, like the photograph it stole from Jim Olive,

Nice. Continue reading →

Morning Ethics Warm-Up, 6/17/19: Abusers, British Morons, O.J., And A Commie

/ Jack Marshall / 39 Comments

Good morning.

1. Update! The teachers and the principal responsible for the cruel “award” for the autistic boy (discussed here) are in the process of being fired.

Good.

2. This is what happens when a country doesn’t have a First Amendment…A law goes into effect in Great Britain making it illegal  for advertisements to include “gender stereotypes which are likely to cause harm or serious or widespread offense.” Complaints will be assessed by the Advertising Standards Authority. British broadcasters are bound by the terms of their licenses to comply with its rulings.

The aim, we are told,  is not to ban all gender stereotypes, just the harmful ones, because, said a spokesman,  “put simply, we found that some portrayals in ads can, over time, play a part in limiting people’s potential.”

Right.

Observations:

  • This also shows why progressives in the U.S. see the First Amendment as an impediment to their objectives.
  • Writes Jazz Shaw,

These guidelines don’t provide much to go on. They make reference to images that might suggest women do most of the housework and men being clueless about similar tasks. So I guess you’re no longer allowed to hire a female actress for any advertisements involving vacuuming, filling the dishwasher or operating the washing machine? This should indeed provide new employment opportunities for male actors, but somehow I don’t think that’s what they were going for here. Besides, won’t you just raise a new generation of kids who grow up thinking only men do chores around the house?

Oh, the unintended consequences of controlling what ideas and norms the pop culture can put into people’s heads are marvelous to behold.

  • The best part, you see, is that “authorities” get to decide which portrayals of stereotypes are “harmful.” In the U.S., such a law would be void for vagueness.

I like to keep these kinds of stories within reach when someone arguing for nationalized health care or a death penalty ban uses the “the U.S. is the only first world country that…” tactic. Yes, the U.S. is different.

3. Signature significance for a sociopath. Alternate title: “One more reason to stay away from Twitter.” O.J. Simpson has joined Twitter, saying in a video link,

“Hey Twitter world, this is yours truly. Coming soon to Twitter you’ll get to read all my thoughts and opinions on just about everything. Now, there’s a lot of fake O.J. accounts out there, so this one @TheRealOJ32, is the only official one. So, it should be a lot of fun — I’ve got a little getting even to do.”

And you know what O’J’ does when he decides to get even…

This is signature significance. A normal person in O.J.’s circumstances just doesn’t act like this. Then again, no normal person murders his ex-wife and her boyfriend with a hunting knife.

I don’t understand how O.J. can be active on Twitter and still hunt down the real killer, though…

4. Unethical Quote Of The Month That Doesn’t Deserve The Prominence Of A Stand-Alone Post: Newly Elected Denver City Council member Candi CdeBaca.

“I don’t believe our current economic system actually works. Um, capitalism by design is extractive and in order to generate profit in a capitalist system, something has to be exploited, that’s land, labor or resources. And I think that we’re in late phase capitalism and we know it doesn’t work and we have to move into something new, and I believe in community ownership of land, labor, resources and distribution of those resources. And whatever that morphs into is I think what will serve community the best and I’m excited to usher it in by any means necessary.”

“By any means necessary.”

Yes, she’s a communist. Imagine: Nearly all the communist nations ended up with their economies in ruins, with the larger ones  engaging in murder and political oppression on an epic scale, and this woman proclaims that system superior to capitalism while calling the failed ideology “new.” What kind of American votes for someone like this?

 

 

Late Sunday Ethics Catch-Up, 6/16/19: Last Straws, Suspicious CPR, Saving King, And “When They See Us”

/ Jack Marshall / 17 Comments

 

Bet you gave up on me, didn’t you!

1. Unforeseen consequences. Medical journal site BMJ notes,

“Bystanders may be concerned about performing CPR on a woman and removing clothing for defibrillator use, for fear of being accused of sexual assault. Further education around CPR in women and the use of female manikins may be the first step”.

Conservative feminist blogger Amy Alkon ,says, archly,

If I’m unconscious, I give my permission for a total stranger to engage in that sexy-wexy act of vigorous CPR….Are there really pervos out there marching the streets waiting for somebody to pass out from cardiac arrest so they can cop a feel?

That’s not the right question, though.

The right question is,

“Are there really vicious, toxic-masculinity, rape-culture obsessed, anti-male #MeTo-ers who would gladly accuse a male Good Samaritan of sexually molesting an unconscious woman to advance an agenda?”

Absolutely.

2. Nice. How woke policies let the assholes in society rule our lives.

Continue reading →

Reality Check: There Is Nothing “Stunning,” “Immoral” Or Illegal About A Presidential Candidate Receiving Damaging Information About His Opponent From A Foreign Source, PART 2

/ Jack Marshall / 20 Comments

[Part I is here]

As usual with most of the “It’s outrageous that the President would say/do that!” freak-outs, this one is rife with amnesia, double standards and hypocrisy.

III.

Hillary Clinton’s campaign hired a British operative to gather anti-Trump dirt—most of which appear to have been rumors and lies, but that doesn’t matter here–from Russian sources. This is indistinguishable legally, ethically and morally from accepting offered intelligence. A candidate’s agent—by law, the same as the candidate herself–sought and received adverse intelligence from foreign nationals. In truth, this is worse than the conduct Trump hypothesized to George, which involved a foreign national approaching him.

That is, however, not all. In July 2016, the Obama administration, in all respects supporting and favoring the candidacy of Hillary Clinton,  accepted unsolicited information from Alexander Downer, an Australian diplomat who also helped arrange a $25 million government donation to the Clinton Foundation years before. Downer said that he had witnessed a Trump campaign aide, George Papadopoulos, bragging about some dirt that the Russians supposedly had on Democratic candidate Hillary Clinton. The Obama administration gave this to the FBI which, in turn, used it to justify opening a counterintelligence case against the Republican nominee for president.

Summary:  The Democratic administration accepted dirt from a foreign friendly and used it to justify investigating its GOP rival. Continue reading →

Reality Check: There Is Nothing “Stunning,” “Immoral” Or Illegal About A Presidential Candidate Receiving Damaging Information About His Opponent From A Foreign Source, PART I

/ Jack Marshall / 15 Comments

Preface.

Just when I think that  ultimate absurdity and peak hysteria have  been reached in the contrived effort to focus hate, fear and distrust on the President, something squirms up out of the muck to set a new–what should I call it? High? Low?

Let’s go with “low.” This one, like many of the others, was triggered by President Trump himself. Why does he do these things? It’s the strangest habit I’ve ever seen in a President or read about, and that includes such quirks as William McKinley calmly draping a dinner napkin over his wife Ida’s head when she would have epileptic seizures at state dinners. I cannot believe that Trump doesn’t know he is throwing red meat to the jackals when he deliberately hits “resistance” hot buttons. Is he trolling? Is he trying to push his enemies to expose their bias and irrationality for all to see? I don’t know. I do know the President shares responsibility for these periodic eruptions

Nevertheless, in this case Trump was being candid, and speaking the truth.

Speaking with ABC News’ George Stephanopoulos, President Trump said he would accept information on political opponents from a foreign government. “It’s not an interference,” he said.  “They have information. I think I would take it.”

Then came the freak-out.  Predictably, multiple impeachment advocates from the Democratic side of the aisle and their puppet pundits pronounced THIS as the ultimate, final, smoking gun proof that Trump should be impeached, without the immediate and required response from the news media and academia, of “What? Saying what you might do is an impeachable act now? Have you all taken leave of your senses?”

No, mere words and an answer to a hypothetical on a news show are not a crime, nor evidence of one to come. More importantly, the act President Trump described is not only not a crime, it is something I assume that many, many Presidential candidates have done and that virtually every single candidate would do. Trump is unusual in that he is open about it.

Now that’s ironic, don’t you think? The President who has been painted in the news media as a habitual liar is now being attacked for telling the truth. Continue reading →

Saturday Ethics Pick-Me–Up, 6/15/2019: The “Oh, Fine, It’s Afternoon Already And I’m Barely Awake” Edition

/ Jack Marshall / 32 Comments

Bvuh.

Travel hangover today: I’ll do the best I can…

1. Thank you, loyal commenters, for a yeoman job in yesterday’s Open Forum.

2. Confederate Statuary Ethics Train Wreck update. Now the historical airbrushers (all from Progressiveland, just in case you couldn’t guess) are going after Civil War recreations and commemorative events. The head of the Lake County Forest Preserve in Illinois declared that there would be no more annual Civil War Days event after next  month’s edition, if he gets his way. He doesn’t think Confederate flags should ever be displayed, even in battle recreations. Besides, he wants the event to be retooled so that instead of commemorating the single most important period and struggle in U.S. history, it advances an understanding of climate change.

(Who are these people? How did they get this way? What do we do about them so the cultural damage they inflict is contained?)

The home-grown historical censor also said,

“This has nothing we want, nor should celebrate, nor re-enact. When southern states are being made to tear down every statute representing this racist, murdering chapter of our history, I can’t believe here in Lake County our own forest preserve is preserving and celebrating it every year, and with our tax dollars.”

This deliberately brain-dead approach to U.S. history is working (aided greatly by the atrocious neglect of American history in our schools), and by working I mean promoting ignorance so citizens can be more easily misled. The Wall Street Journal reported that visits to Civil War national battlefields are falling off. Over 10 million Americans visited  Gettysburg, Antietam, Shiloh, Chickamauga/Chattanooga, and Vicksburg  in 1970. They only had 3.1 million visitors last year.

That’s about as many tourists as visited the “Cheers” bar in Boston.

3. Oberlin race-baiting update: in case you missed it, the jury in the Gibson’s Bakery case  hit the college with the maximum punitive damages, capped by law at 22 million dollars.  Continue reading →

Donald Trump, Abe Lincoln, The Phantom Document Trick, And The Almanac Trial

/ Jack Marshall / 9 Comments

The most recent example of the news media’s self-destructive obsession with embarrassing and denigrating Donald Trump was the alleged “prop” Mexico deal scandal. this week. Writers from both the New York Times and Washington Post, including Post “Factchecker” Glenn Kessler, stated as fact that the paper the  President had held up as he talked about the border agreement with Mexico and said,

“In here is the agreement. We’re getting along great.Two weeks ago we had nothing,”

…was blank, a prop, just one more example of Trump lying to the American people. Other pundits and bloggers, like progressive Josh Marshall,  joined the mockery.

Then it turned out that some shots of the paper showed that it was a folded over piece with a printed document inside. Of course, that paper could have also been a prop, a recipe for gazpacho or something, but the President’s later remarks suggested that he was enjoying the spectacle (#47, 391 by my count, but I’m sure I missed a few) of the biased and incompetent mainstream news media further undermining the public’s trust in journalism by indulging its hatred for the President.

“I just give you my word, inside here … is the agreement,” he said . “That’s the agreement that everybody says I don’t have.” Finally, someone freeze-framed the video where the inner document could be read. The visible words…

“The Government of Mexico will take all necessary steps under domestic law to bring the agreement into force with a view to ensuring that the agreement will enter into force within 45 days.”

So the paper Trump held up was not a prop, an engine of deception, after all. Or was the President deliberately using the covering paper to beguile the news media into calling him a liar? “You were able to read it through the sunlight,” Mr. Trump told reporters at a press conference. “That was not anticipated.”

And suddenly the voice of Wilfred Brimley (from “Absence of Malice”) intrudes on my consciousness, in an altered version of his famous scene in the film, asking the President, “I could ask you if you set all of this up, but you wouldn’t tell me if you did, would you?”

“Mr. Trump, are you that smart?”

Oh no, of course not! He’s a barely functioning demented moron who should be removed by the  25th Amendment. It’s amazing how he keeps making his smug enemies expose their own hate and ineptitude. Just lucky I guess. Continue reading →

Morning Ethics Warm-Up, 6/13/2019: Rhode Island On My Mind Edition

/ Jack Marshall / 21 Comments

 

Providence, Rhode Island

Good morning!

I’m heading up to Little Rhodey in a few hours to once again collaborate with my brilliant Ethics Rock musician Mike Messer before the Rhode Island Bar, as well as to try to back about 7 hours of legal ethics and technology commentary into a 75 minute break-out session.

1. Once again, law vs ethics.The Wisconsin Supreme Court upheld those lame duck laws the GOP legislature passed to hamstring the new Democratic Governor. It is the correct decision. The measures were unethical, but legal, just like Mitch McConnell’s gambit to refuse giving Merrick Garland a hearing, just like Harry Reid’s “reconciliation” maneuver to get the amended Affordable Care Act passed without having to send it  back to the House.

2. Correct, but futile.  From the Washington Post: Continue reading →