Law & Law Enforcement

Seeking An Ethics Verdict On Rafi Eitan [Updated]

/ Jack Marshall / 23 Comments

“In principle, when there is a war on terror you conduct it without principles. You simply fight it.”

So said Rafi Eitan, the legendary Israeli spymaster and Mossad operative in an interview with the Israeli newspaper Ha’aretz in 2010. Is that the credo of a hero or a villain?  When he died last week at the age of 92, Prime Minister Benjamin Netanyahu called Mr. Eitan “among the heroes of the intelligence services of the State of Israel.” Is “hero of intelligence services” an oxymoron? Eitan’s credo certainly justifies murder, torture and extra-legal activities; indeed, it justifies almost anything. That’s not ethics, it’s the opposite: the ends justify the means, tit for tat, vengeance, and  scorched earth warfare without the inconvenience of a formal declaration of war. Former Israeli Prime Minister Ehud Olmert eulogized Eitan as “a smart, cunning and sharp person, who remained capable until his last day”, and praised him as one of “the most intelligent, competent, responsible and creative ministers in the government.” Boy, he sounds like a great guy, if you forget about all the killing.

Eitan, his various obituaries tell us, counted among his more spectacular exploits in support of his nation such operations as  the surgical strike on Iraq’s Osirak nuclear reactor in 1981, the systematic assassinations of the Palestinians responsible for the massacre of Israeli athletes at the Munich Olympics in 1972, and the theft of at least 100 pounds of  enriched uranium from a nuclear fuel plant in the Pittsburgh area to assist Israel in its atomic bomb program. Eitan was the handler of Jonathan Pollard, the traitorous American Navy intelligence analyst who turned  over thousands of classified documents to Israel as its spy, and architect of  the operation that has been most celebrated in the various articles in the wake of his death, the capturing of Nazi war criminal Adolf Eichmann in 1960. Continue reading →

“Russiagate” Collapse Ethics: Don’t Trust These People Again…Ever.

/ Jack Marshall / 5 Comments

Debra Heine has compiled a useful list of the worst liars, hate-mongers, ethics corruptors,  and civic disrupters in he past three years of framing the President of the United States as a traitorous usurper who conspired with Russia to steal his high office. I was happy to find that I already distrusted all of those on the list that I had heard of, for this was hardly their only example of unethical instincts and corrupt behavior. Heine, a conservative blogger and pundit, used a rather high standard to make her list; I would have added several more. For example, ex- MSNBC star Keith Olberman, now again doing sports punditry on ESPN, has repeatedly tweeted such messages to the President as “Resign, you traitorous fuck!” and “Read up on the ADX Florence Supermax prison in Colorado. You’ll be celebrating your next birthday there. Enjoy!” But maybe nobody pays any attention to Keith any more—I hope not—so Debra was wise leaving him off. I definitely miss seeing Richard Painter on the list. He was President Bush’s ethics counsel, and has abused that credential (unethically exploiting credentials to deceive is a theme) to make one  specious impeachment argument after another, from “emoluments” to obstruction of justice to collusion.

Here is her list, which I will periodically comment on, though she has added extesnive documentation on each. It  is important that there be consequences for what all of these public figures, journalists, politicians and others have done to the nation, its institutions and our culture by pushing the Big Lie that the President made a deal with Russia absent any evidence at all. As I see it now, most of these individuals are refusing to acknowledge what they did or make any effort to undo the damage they have done to all of us. Suggestions that they served Putin’s interests by promoting discord and distrust of our institutions more than anything the President has done are quite correct.

A related list, focused only on the news media’s “fake news” regarding the Russia investigation and other efforts to impugn the President, was released yesterday by rebel reporter Sheryl Attkisson. She also ended up with an incomplete list, but a full list of the news media’s deceptions, incompetent errors, false predictions and wildly biased analysis would require days to scroll through. You can read it here.

Now Heine’s list… Continue reading →

Cheerleader Ethics: Nice Cheerleaders Don’t Say “Fuck,” But They Have A Right To Say It When They Aren’t Cheerleading

/ Jack Marshall / 15 Comments

cheerleaders

Well, this in encouraging. Another court has slapped down a school’s attempt to punish a student for what she wrote online in a personal social media  account. Ethics Alarms has protested the abuse of authority this increasingly common practice represents for many years—I don’t have the time right now to track all the posts down, but I will, and add a link to them here.

U.S. District Judge A. Richard Caputo ruled that the Mahanoy Area School District (In Pennsylvania) violated a student’s First Amendment rights when it kicked her off the junior varsity squad for writing “fuck” repeatedly in a Snapchat post. Do you use that mouth to cheer with, honey?

The teen made the vulgar post on a weekend in May, 2017, off school grounds. It pictured her and a friend holding up their middle fingers with the cogent text, “fuck school fuck softball fuck cheer fuck everything.” She was dressed in street clothes, not her cheerleading uniform, with no pom-pons.  I don’t know how schools got the idea that they could control every aspect of a student’s life and speech to this extent, but too many try. And too many get away with it. Continue reading →

Morning Ethics Warm-Up: Last Day Before The Start Of The Baseball Season Changes Everything Edition

/ Jack Marshall / 21 Comments

Good Morning!

1. The best explanation ever composed to explain why baseball helps keep us ethical, by preserving our ability to give a damn—-for in the end, the most important of the virtues, the one that makes all the others matter—is caring.

Roger Angell, from his 1975 essay “Agincourt and After,” about the ’75 World Series and Carlton Fisk’s iconic homerun in Game #6 (yes, I was there):

It is foolish and childish, on the face of it, to affiliate ourselves with anything so insignificant and patently contrived and commercially exploitative as a professional sports team, and the amused superiority and icy scorn that the non-fan directs at the sports nut (I know this look—I know it by heart) is understandable and almost unanswerable. Almost. What is left out of this calculation, it seems to me, is the business of caring—caring deeply and passionately, really caring—which is a capacity or an emotion that has almost gone out of our lives. And so it seems possible that we have come to a time when it no longer matters so much what the caring is about, how frail or foolish is the object of that concern, as long as the feeling itself can be saved. Naïveté—the infantile and ignoble joy that sends a grown man or woman to dancing and shouting with joy in the middle of the night over the haphazardous flight of a distant ball—seems a small price to pay for such a gift.

2.  Some Democrats are displaying integrity and patriotism...This morning’s Ethics Hero: Rep. Jim  Himes ( D-Ct), who disappointed MSNBC’s hack-fest Morning Joe by deploring his colleagues who are sorry the Special Counsel did not find collusion with Russia by the President. They  need to think, he told Joe and Mika, pointing out that he fact that a sitting President is not found to have traitorously conspires with a foreign power to pervert an election is cause for celebration, not regret.  Hey, do you think he reads Ethics Alarms? [Pointer: VinnyMick]

3. But most are not, especially this guy: Martha MacCallum  had Rep. Eric Swalwell (D-Calif.) on her Fox News show last night. Along with Adam Schiff, he has been one of the worst offenders in asserting as fact, without evidence, that the President committed impeachable acts .  True to form, Swalwell told his host that nothing in the salacious and unverified dossier had been proven “not factual.” I am also hearing this Bizarro World legal standard being endorsed by some commenters and, naturally, the  Facebook Borg. In this country, people don’t have to prove themselves innocent, even people like Donald Trump, who seem especially ethics-impaired. Allegation,s rumors and accusations are not enough; in fact, they aren’t anything until they have been confirmed. The Steele Dossier is literally not anything, although it was used deceptively and probably illegally to justify spying on the Trump campaign. Continue reading →

Afternoon Ethics Warm-Up, 3/26/19: The “What’s Going On Here?” Edition

/ Jack Marshall / 31 Comments

Hello, Spring!

1. On the down side, “The Smollett Report” Explain this one: Attorneys for “Empire” actor Jussie Smollett announced today that all charges against him have been dropped.Smollett was indicted on 16 felony counts related to making a false report that he was attacked by two men. The two men were found and implicated Smollett, and the evidence that it was hoax appeared overwhelming.  A minimum condition of dropping cases requires some acceptance of responsibility, but the actor still professes that he’s innocent. “I’ve been truthful and consistent on every single level since day one,” he said.

What’s going on here? I have no idea, but the word “Chicago” keeps popping up in my head.”

2. Talk about a parallel universe! I had never seen this [Pointer: Althouse]: President Obama’s statement after the 2016 election:

“You take the baton, you run your best race, and hopefully, by the time you hand it off, you’re a little further ahead. You made a little progress. I want to make sure that hand-off is well executed because, ultimately, we’re all on the same team….

Everybody is sad when their side loses an election, but the day after, we have to remember that we’re actually all on one team. This is an intramural scrimmage. We’re not Democrats first. We’re not Republicans first. We are Americans first.

This was a long and hard-fought campaign. A lot of our fellow Americans are exultant today. A lot of Americans are less so, but that’s the nature of campaigns. That’s the nature of democracy. It is hard and sometimes contentious and noisy. It’s not always inspiring.”

“Sometimes you lose an argument. Sometimes you lose an election. We try really hard to persuade people that we’re right, and then people vote, and then we lose. We learn from our mistakes. We do some reflection. We lick our wounds. We brush ourselves off. We get back in the arena. We go at it. We try even harder the next time.”

Continue reading →

Morning Ethics Warm-Up, 3/25/2019: Woke Up Really Sick Of Democratic Party BS This Morning. I’m Sure I’ll Get Over It…

/ Jack Marshall / 25 Comments

Good Morning!

…as the Mueller report lets the sunshine in…

1. Thank goodness judges don’t bake cakes…the American Bar Association’s Standing Committee on Ethics and Professional Responsibility have issued Formal Opinion 485. It holds that judges who perform marriages, either as an obligation of their office or by choice, may not refuse to do so for same-sex couples. The opinion emphasizes that regardless of their backgrounds, personal views or philosophies, judges must follow the law and act impartially, free from bias or prejudice.

I’d say the opinion is unassailable for a judge who regularly performs marriages  as a mandatory part of his or her job. A judge who is not so required, presumably, can choose not to perform any marriages at all. I bet some judge will challenge the proposition, however, that a  religion-based refusal to perform an optional civil wedding is per se “bias or prejudice.” [Source: Legal Ethics in Motion]

2. Welcome to my world...This week I am doing several ethics programs, one of which (not in legal ethics) I have presented over many years. Last year, I was told that the 2 hour program I had been presenting to the group only needed to be 90 minutes, so the materials I prepared and submitted indeed covered that amount of time, as did my presentation.  This year, I again prepared for 90 minutes. Now, looking at the conference’s two-day program, I see that my seminar is listed in the program as two hours again. That’s a mistake, but it’s too late to correct it: the attendees plan on getting professional credit. So what is my most ethical response? I could…a) stretch the material to two hours, but that’s a 30 minute stretch. b) At my own expense, create an additional 30 minutes of material, copy the materials, distribute them, and never mention that the conference manager, my long-time contact, screwed up. c) Use this crisis as leverage to negotiate a supplement to my fee for the necessary upgrade. d) End after 90 minutes, tell the attendees why, and suggest that they take up the matter of the missing credit with the conference organizers. e) Do the upgrade, present it, and then bill the conference for my time. Continue reading →

More Ethics Observations On The Post-Mueller Report Response

/ Jack Marshall / 24 Comments

1.The video montage above is the “Nah, there’s no mainstream media bias” smoking gun for all time.

2. If the Democratic Party had competent and ethical leadership, this is what those leaders would do right now. They would thank Robert Mueller for doing a thorough, professional and objective  job under difficult circumstances. They would say that that American needed to be assured that there were no illegal and wrongful efforts by the President, his campaign and his party to conspire with a foreign power to undermine a fair election. They would say that they look forward, now that the cloud hanging over the White House has been removed, and President Trump’s assertion that there was no wrongdoing has been confirmed, to working with President Trump in the spirit of cooperation and mutual concern for the national interests, without rancor or recriminations, and hope that he will do the same.

They would also, not publicly, instruct elected officials from their party to accept the conclusions of the report, to be gracious rather than bitter, to end what will now appear to be vindictive investigations, and to get on with the job of governing.  This is a grand opportunity for them to regain the respect of the non-hate polluted public, and to behave like adults, patriots and statesmen for the first time since November, 2016.

If they don’t do this, and it is already obvious that they won’t, it will demonstrate that the party is cowering in fear of its most radical and irrational base, that it is following rather than leading, that it has neither integrity, honesty, decency, or the sense God gave a marmoset. Continue reading →

Sunday Ethics Refresher, 3/24/2019 [PART II]: Bill of Rights? What Bill Of Rights? [CORRECTED]

/ Jack Marshall / 35 Comments

Now it’s “Good afternoon!”

Sunday’s depressing ethics potpourri continues…

3. Psst! San Antonio! This is unconstitutional! The San Antonio City Council rejected  Chick-fil-A ‘s application for a site at its airport this week because the company’s foundation has contributed to organizations that oppose same-sex marriage

Councilman Robert Treviño told the news media that the council made the decision based on “inclusivity.”

“With this decision, the City Council reaffirmed the work our city has done to become a champion of equality and inclusion. San Antonio is a city full of compassion, and we do not have room in our public facilities for a business with a legacy of anti-LGBTQ behavior. Everyone has a place here and everyone should feel welcome when they walk through our airport.”

Have these fools and censors even read the Bill of Rights? A government can’t penalize a business because it doesn’t like the opinions of its owner or management. This is viewpoint discrimination, and a screamingly obvious First Amendment violation. As Chick-fil-A accurately pointed out in its response, no one has ever been refused service or treated differently in one of the company’s restaurants because of race, gender, ethnicity, sexual orientation or gender identity. That’s their LGBTQ “behavior,” not their entirely legal and protected choice of charities and non profits.

Once again from the Democratic Party and the Left we whiff the rotten stench of nascent totalitarianism. Believe as we do, or be punished. This is the same company several Democratic mayors said were not welcome in their cities. Once again, this unconstitutional and undemocratic act by San Antonio’s Democrats is assured of a reversal by the Supreme Court, and if Justice Ginsberg still has most of her marbles and Sotomayor isn’t chasing rainbows and unicorns, it ought to be a 9-0 vote.

Local government actions like this ought to concern followers of both parties equally. The First Amendment should not be a partisan issue. Continue reading →

Comment Of The Day: “Unethical Prosecution, Incompetent Jury: Once Again, ‘Sorry’ Isn’t Enough.”

/ Jack Marshall / 4 Comments

The recent post about a Louisiana man sent to prison for 36 years when procsecutors and a jury ignored the fact that the evidence didn’t meet the standard for guilt beyond a reasonable doubt  sparked many excellent comments. The tongue-in-cheek suggestion by a commenter that failure to dispense criminal justice competently should earn the same fate as Admiral Ozzel in “Star Wars”—he was strangled to death by an angry Darth Vader’s Dark Force powers—inspired long-time commenter mariedowd to write this Comment of the Day regarding juries, prosecutors and professionalism:

I agree the Ozzel is far too harsh. I think it is hard enough to get reasonably educated and alert jurors. Adding a risk when  they don’t really understand the proceedings and follow along when one set of lawyers plays their sympathies or fears better than the other will not improve the situation at all.

 I think jury pools should not be linked to voting rolls, because it discourages registering and voting. Non-voters fear the loss of income and time that comes with jury service,  AND their vote never accomplishes anything (they think), so why bother? I once got a preliminary  call to jury duty halfway across the state when I had serious mobility problems.  I was looking at hundreds to thousands of dollars in lost income for a long Federal case. The threat of costs and holes in lives pushes away competent, aware citizens, leaving a high percentage of jury membership  to the fringes, and fringes have  axes to grind.

Maybe we should attach jury selection to Social Security, as that is a larger pool Using drivers’ licenses is also a possible improvement, because it ties into citizenship.  Let’s make jury service less of a sacrifice for people who cannot dump their daily duties for unknown periods with the threat of lost income.

Maybe proximity to the courts should factor into selection, so travel isn’t such a problem. For a courtroom 70 minutes, away my elderly mother was supposed to travel to a strange town by  bus for an 8 am call. She simply does not have the energy for all that back and forth, even though she is alert and would make be a competent juror. Jury deliberations should be a juror’s burden, not getting to court: you can’t concentrate on the case if you ache from the journey. I don’t know exactly how to fix this, but the current system sorts out some good potential jurors while attracting less desirable varieties. Continue reading →

Ethics Emanations From The Great Mueller Report Disappointment

/ Jack Marshall / 44 Comments

The mainstream media—mostly–continues to disgrace itself in the wake of the Mueller report, as do others, like the despicable Bill Maher. I can’t wait to see how Stephen “Cockholster” Colbert tries to spin it, while being hilarious, of course. Remember, this was a destructive smear on the character, patriotism and loyalty of a newly elected U.S. President, launched without any justification other than the fact that Democrats , and especially Hillary Clinton, cannot accept the fact that someone like the real estate mogul/ reality TV star could beat the party’s coronated successor to the Great Obama. Surely, some sinister conspiracy had to be at work. Based on this, and nothing else, we have  seen a nearly three-year, oppressive inquiry interfering with the President’s ability to govern, while subjected to a non-stop barrage of news reports finding looming impeachment in every leak.

Ethics Alarms flagged it as the coup attempt it was from the beginning. This didn’t require any special acumen. All it required was objectivity, common sense, and a rueful appreciation of how totalitarian the Democratic Party has become in its values and tactics.

Some notable and illuminating reactions, and some heroes and villains…. Continue reading →