Law & Law Enforcement

Morning Ethics Warm-Up, 2/1/2019: Dumb, Dumber, Fake, and Fakiest

/ Jack Marshall / 6 Comments

At least this guy has hair…

If I’m out of bed, it’s morning to me…

1. Update. Wow. My furious ex-Ethics Alarms commenter actually filed a motion to oppose my motion to extend the time to file a response brief to his rambling 70+ page, incoherent rant of an appellant brief, as he tries to get the dismissal of his defamation suit against me overturned. Such extensions are granted as a matter of course and courtesy, and real lawyers never oppose them, so a petty motion like that sends a strategically unwise signal to the court that this is not really a legal matter but an abuse of process to pursue a grudge. Of course, reading the brief itself makes that clear.

2. Incompetent Elected Official Of The Day: Rep. Jason Crow (D-Co), who tweeted about the President sending troops to the border,

This guy needs to be sent back to government kindergarten. Troops are almost always deployed for political reasons, both national and international. Does he remember when LBJ sent troops into Selma? How about Truman using troops to break the railroad worker’s strike? Commenter Tim Levier correctly notes, “What troop was ever deployed for a non-political agenda? They go where the politicians send them. And what better place than in their home country defending their actual borders for national defense?”

The  new class of Democratic representatives is one for the ages. What an idiot. Continue reading →

Morning Ethics Warm-Up, 1/31/18: To Be Honest, This Is Yesterday’s Warm-Up That I Was Too Sick To Write…

/ Jack Marshall / 34 Comments

This isn’t how I look. This guy looks BETTER than I look…

Today I feel like one of those guys I used to see nodding of in a heroin haze when I lived on Capital Hill…

1. Governor Ralph Northam endorses infanticide. Said Virginia’s Democratic Governor this week, explaining a bill that barely failed to pass in the Virginia legislature, “[Third trimester abortions are] done in cases where there may be severe deformities. There may be a fetus that’s nonviable. So in this particular example, if a mother is in labor, I can tell you exactly what would happen,” Northam, who is a pediatric neurosurgeon, told Washington radio station WTOP. “The infant would be delivered. The infant would be kept comfortable. The infant would be resuscitated if that’s what the mother and the family desired. And then a discussion would ensue between the physicians and the mother.” How can this possibly be interpreted as  anything but post birth euthanasia? Marco Rubio tweeted, “I never thought I would see the day America had government officials who openly support legal infanticide.”

Really? I did. The pro-abortion movement has been moving relentlessly to this point for decades. (New York just legalized late term abortions.)If progressives and feminists want to see Roe v.Wade substantially weakened by the Supreme Court, this is the  way to guarantee it. Of course, Northam gives all sorts of indications that he might be an idiot. His response to the predictable criticism of his statement was this tweet:

“I have devoted my life to caring for children and any insinuation otherwise is shameful and disgusting.“

Yeah! Why would anyone question my devotion to  children just I advocate killing the ugly ones right after they are born? After all, they’ll be made “comfortable” until they die. (I have to admit, the “comfortable” bit really annoys me, as if that mitigates what is being done.) Continue reading →

Oh, No! Ebonics Again!

/ Jack Marshall / 53 Comments

A court reporter in Philadelphia heard a witness say, “He don’t be in that neighborhood,” but transcribed it as, “We going to be in this neighborhood.” Yes, that’s the opposite the opposite of what the speaker meant, and  a soon-to-be published study finds that Philadelphia court reporters often make errors transcribing sentences that are spoken in what the New York Times and some linguists call “African-American English.” I call it bad English, and once again the claim is being made that it’s everyone else’s fault when people can’t talk.

Here’s a jaw-dropping statement from the Times article: “Decades of research has shown that the way some black people talk could play a role in their ability to secure things like employment or housing. The new study, scheduled for publication in June in the linguistic journal Language, provides insight on how using black dialect could also impact African-Americans in courtrooms.” Ya think? I confess when I hear anyone, black or white, express themselves with a sentence like “He don’t be in that neighborhood,” I tend to think that

  • Such an individual is not well-educated
  • Such an individual is not well-read
  • Such an individual is unlikely to think very clearly
  • Such individuals may not be very bright, not necessarily because he or she speaks in such a manner, but that because they lack the common sense to know that doing so will not leave a positive impression.

In short, it is not my fault if someone else can’t speak clearly, and claiming that a grammatical and syntactical dogs breakfast like “He don’t be in that neighborhood” is acceptable because a lot of people talk that way is a rationalization. More Bizarro World reasoning from scholars,

“People who speak African-American English are stigmatized for so doing,” said Taylor Jones, a doctoral student in linguistics at the University of Pennsylvania and one of the study’s authors. Mr. Jones added that there was nothing improper or broken about the dialect that some African-Americans inherited over generations, but negative stereotypes have influenced the way people hear or perceive it.

“If you’re taught that these people speak incorrectly, then it’s very easy to say, ‘Well, they don’t make any sense; what they’re saying is wrong,’” Mr. Jones said.

Those who argue that “He don’t be in that neighborhood” isn’t incorrect are essentially pointing us toward a cultural Babel where anyone can make up and adopt whatever dialect they choose, and insist that everyone else acceptand decypher it. That’s no way to run a business, a nation, or society. Clarity in language is essential, and must not be shrugged off as one more matter of personal choice. We have to communicate, after all. Continue reading →

The Big Law Firm’s New Partners

/ Jack Marshall / 42 Comments

In early December of last year, Paul, Weiss, one of the country’s largest and richest firms, announced its new partners: twelve young white lawyers, and one similarly hued woman.

Being that group identification is everything to certain well-placed people today, the announcement became an instant “public relations nightmare,” according to many media accounts. Sensitive to being sufficiently “woke,” many large companies had their  general counsels, sign an open letter  calling on law firms firms  “to reflect the diversity of the legal community” or they would send their business elsewhere.

What is the assumption underlying that letter? Is it that whites were chosen over better qualified minority lawyers as an act of bigotry and racism? Noooo, nobody’s suggesting that. Are the signatories to the letter really saying that less qualified lawyers of color should be advanced rather than these lawyers? It can’t be that, can it? I would say that a law firm that does not make every effort to have the very best lawyers available for the benefit of the clients is treading close to unethical behavior. A firm can’t prioritize diversity, whatever than means, over its own abilities to represent clients.

I nearly dropped Above the Law, but the reliably knee-jerk left and ethically obtuse online rag is great for these stories, and didn’t disappoint this time. Joe Patrice, the editor, wrote, Continue reading →

Morning Ethics Warm-Up, 1/29/19: Sick Room Edition

/ Jack Marshall / 27 Comments

I hope you’re feeling better than I am.

1. Sick Ethics. Being sick on the job is always an ethical conflict, and riddled with bias. My father’s approach, so characteristic of him as someone who insisted on going into the Battle of the Bulge as an officer with a mangled, recently-repaired foot that was still oozing blood, was to ignore the illness and soldier on. There are two problems with that, however. First, you are working at diminished capacity, and second, you risk infecting others. The problem is a bit easier when you have a home office like I do, but there is still a trade-off issue: if I “soldier on” like my father, do I risk a longer illness and reduced capacity for far longer than if I just took a day or two off to recuperate? In my case, this is always a tough call: I am very vulnerable to bronchitis and pneumonia following chest colds (that’s what I’ve got, big time, starting last night), and when the stuff I cough up starts attacking me through the Kleenex, I’m in big trouble that has sometimes lasted for months. There is also a bias problem when you feel rotten. Right now, I would love to lie down. I can’t think of anything I would like more. I bet I can rationalize air-tight reasons why I should lie down, despite all of the very valid reason not to.

2. And speaking of sick...All 50 states require vaccinations before children to attend school, but 47 of them  (California, Mississippi and West Virginia are the exceptions) allow parents to opt out of vaccines if they have religious beliefs against immunizations. Eighteen states also allow parents to opt out of vaccines if they have personal, moral or philosophical beliefs against immunizations, including beliefs that they can think straight when they are in fact idiots and get their medical advice from Jenny McCarthy and other hysterical anti-vaxxers. Oregon and Washington are among the states that allow for a parent’s personal beliefs to exempt their kids from being immunized, along with Arizona, Arkansas, Colorado, Idaho, Louisiana, Maine, Michigan, Minnesota, North Dakota, Ohio, Oklahoma, Pennsylvania, Texas, Utah, Wisconsin and Vermont.

You know. Morons. Continue reading →

Recent Ethics Thoughts On The Fyre Festival Fiasco

/ Jack Marshall / 26 Comments

This Instagram photo of one of the “luxury gourmet meals being served to attendees of the 2017 Fyre Music Festival has come to symbolize the whole stunning debacle.

When Ethics Alarms last posted about the ridiculous Bahamas Fyre Festival  debacle, it was this, last July: “Remember the Frye Festival fiasco? Billy McFarland, the inept con man/idiot who set it up has been arrested and charged with fraud. Good!” Now more about that epic ethics fail is coming out. Two documentaries about the ridiculous scam/botch/whatever it was were released in January, one on Hulu and one on Netflix. I just saw the latter, and it’s pretty incredible. Here, to refresh your horror, was the original Ethics Alarms description:

Celebrities with ties to the organizers  tweeted and Instagrammed, building buzz about Fyre.  Ja Rule tweeted just a month ago, “This is where the cool kids will be April 27-30 May 5-8!!! #fyrefestival #fyre.” Ticket packages to experience the self-proclaimed “cultural event of the decade” included accommodations and chartered flights from Miami, with a low price of $900 and a luxury tag of $399,995 for access to the performers.  Days before the festival was to begin, @fyrefestival  was still ginning up anticipation.

Then the festival-goers arrived on the first day to find…nothing. Well, worse than nothing: chaos. Those who had  paid $500 apiece for what the festival’s promotion described as “villas” found that the only shelter provided were FEMA-style refugee tents. There was no food, except some hastily packaged cheese sandwiches. All of the scheduled performers canceled.

The festival-goers who hadn’t arrived by private yachts found themselves confused and stranded, with luggage but nowhere to sleep for the night. Some paid festival employees $100 to return them to the airport in a flatbed truck, but when they arrived at the airport gate, they were told that they couldn’t access the airport, requiring more bribes to get to a plane, if they were lucky. The stampede of shocked glitterati desperately trying to flee backed up the local airports, stranding many attendees in deplorable conditions, like understaffed kitchen tents with pots of uncooked food.

Subcontractors and suppliers went unpaid, Bahamian workers were stiffed, millions of dollars vanished.  The interviews with McFarland’s “team” are jaw-dropping. One fast-talking, ever-optimistic leader, McFarland, somehow convinced everyone, some who were experienced in event planning,  that he could pull off the impossible, even as the days counted down to zero hour and it was obvious that there would be no festival, just broken promised and angry rich people. There’s also an amazing coda to the Netflix documentary: while McFarland was out on bail, awaiting trial, he set up another scam, using the mailing list for the Fyre Festival to get some of the same suckers to buy phony event tickets.

Some new developments and thoughts: Continue reading →

They Seem Like Good Ideas…But Not Really. Clarence Darrow Knew Why.

/ Jack Marshall / 50 Comments

I. The Daily Telegraph officially apologized “unreservedly” to Melania Trump and agreed to pay her “substantial damages” for an article it published last week. Mrs. Trump had sued the paper in British courts.

The paper said its Saturday Magazine cover story “The Mystery of Melania” this month contained false statements, as her lawsuit claimed. It wrote,

Following last Saturday’s (Jan 19) Telegraph magazine cover story “The mystery of Melania”, we have been asked to make clear that the article contained a number of false statements which we accept should not have been published. Mrs Trump’s father was not a fearsome presence and did not control the family.  Mrs Trump did not leave her Design and Architecture course at University relating to the completion of an exam, as alleged in the article, but rather because she wanted to pursue a successful career as a professional model. Mrs Trump was not struggling in her modelling career before she met Mr Trump, and she did not advance in her career due to the assistance of Mr Trump.

We accept that Mrs Trump was a successful professional model in her own right before she met her husband and obtained her own modelling work without his assistance. Mrs Trump met Mr Trump in 1998, not in 1996 as stated in the article. The article also wrongly claimed that Mrs Trump’s mother, father and sister relocated to New York in 2005 to live in buildings owned by Mr Trump.  They did not. The claim that Mrs Trump cried on election night is also false.

We apologise unreservedly to The First Lady and her family for any embarrassment caused by our publication of these allegations.  As a mark of our regret we have agreed to pay Mrs Trump substantial damages as well as her leg

Continue reading →

Sunday Ethics Warm-Up, 1/27/2019: The Good, The Bad, And The Ugly

/ Jack Marshall / 13 Comments

Good Morning!

1. Covington Catholic Students Ethics Train Wreck update. I’ve decided to cover this topic in the Warm-Ups because it will be repetitive if I don’t: this, like the Kavanaugh debacle, has signature significance. Attention must be paid and the American public’s dangerously short attention span has to be overcome. Imagine: pundits, elected officials, academics journalists and celebrities from the Left—and don’t quibble over that label, because that’s where they are, and from that source oozes the increasingly unethical values that are driving them—are deliberately denigrating and attacking a teenager by name for doing absolutely nothing wrong by any objective standard. The non-objective standards—bigotry and racism—that are being applied, however, find him guilty of supporting a President the Left hates and a cause, the rights of the unborn, they find inconvenient to think seriously about; not retreating when an obnoxious  activist began beating a drum in his face; being caught smiling in a manner they chose to link to all manner of subconscious and malign motives, being male, and being white. And, incredibly, these vicious, vicious people are being defended, when they should be, and must be, shamed and shunned. This is not a partisan or an ideological position Ethics Alarms is taking here. It is a civilized, non-partisan and ethical mandate, if we want to live in a free, decent and civil society.

  • On Friday’s “Real Time with Bill Maher” on HBO, Maher, an alleged adult operating under the protection of the First Amendment, with a weekly platform and an audience of knee-jerk hooting fools, called the randomly selected child victim of Native American activist Nathan Phillips, student Nick Sandmann,  a “prick” and a “smirkface” with a “shit-eating grin” :

I don’t blame the kid — the smirking kid. I blame lead poisoning and bad parenting, and, oh yeah, I blame that fucking kid. What a little prick — smirkface. Smirkfaces. Please, I mean, like that’s not a dick move, stick your face in this elderly man’s (face).

As anyone who watched the video knows, Sandmann didn’t “stick his face” anywhere. He left it where it was when Phillips stuck his drum in the students’ face, but then Big Lies and repeating false narratives is one of the partisan tactics on ugly display. Classy as ever,  Maher ended his attack with, “I don’t spend a lot of time — I must tell you — around Catholic school children, but I do not get what Catholic priests see in these kids.”

Here’s a definition of “punching down”: A nationally known comedian using a cable show to call a high school student names in public. I cancelled my HBO subscription in part because I refuse to support a company that tolerates conduct like that from a prominent employee. Continue reading →

Is The U.S. Ethically Obligated To Grant Asylum To All Oppressed Women?

/ Jack Marshall / 13 Comments

In a recent irresponsible statement in reference to the government shut-down over President Trump’s wall, Senate Minority Leader Chuck Schumer said that he didn’t want a border wall to be the symbol of America, that he wanted the Statue of Liberty to be that symbol. In this context, it is impossible to interpret Schumer’s words as anything but a weaselly, wink-wink, coded endorsement of open borders. When the statue was dedicated on October 28, 1886, the U.S. had few limitations on immigration. Non-citizens could vote in most states. The population was about 50 million, or about 1/7 of what it is today. The famous poem by Emma Lazarus,  “The New Colossus,”  is not part of the statue, nor is it official U.S. policy. Today it resides in the Statue of Liberty Museum. In short, it was a different country, with different problems and priorities.

Now comes the terribly sad story of two young Saudi sisters who apparently committed suicide by drowning themselves in the Hudson River rather than return to their country, where women are second class citizens. Should such a story have any relevance at all to U.S. immigration and asylum policy? Should how much a non-citizen wants to live here be a factor in what the U.S. decides is the best criteria for allowing an immigrant to arrive and stay? If the two sisters could be granted asylum because they were women in a culture hostile to women, why not all Saudi women? Why not all Muslim women who are “yearning to be free”? Continue reading →

Morning Ethics Warm-Up, 1/25/19: Fleas, Fake Movies, False Equivalency, And Female Bigotry

/ Jack Marshall / 24 Comments

Good Morning!

1. Roger Stone’s arrest.  a) Stone is a thoroughly loathsome individual—the man has Richard Nixon’s face tattooed on his back, for heaven’s sake—but like the Mueller investigation generally, his arrest seems more like continued politically-motivated harassment of anyone connected to Donald Trump in order to isolate and impede his Presidency rather than part of a legitimate and independent investigation. Stone’s indictment is substantially made up of the now-familiar “obstruction of justice” bootstrap regarding an investigation of a non-crime charge. In Watergate, there was a crime. In the Clinton impeachment, there was a crime (a President lying under oath). In the Valerie Plame fiasco, there was at least a sort-of crime. Even Martha Stewart’s “obstruction of justice” conviction was related to the crime of insider-trading. “Collusion” isn’t a crime, and if Stone lied to Congress about the degree to which he was communicating heads-ups to the Trump campaign about what Wikileaks had and was about to release, that has no implications of wrongdoing for the Trump campaign at all. Stone telling the Trump campaign, “Hey, Wikileaks has a bunch of DNC emails that show Hillary’s campaign was sleazy and that the Clinton Foundation is an influence peddling scam!” isn’t illegal, it isn’t unethical, and I doubt that this sort of communication is unusual for any campaign in any party. b) CNN cameras were on the scene when Stone was arrested, which means the FBI or the Mueller team leaked to CNN. Now THAT’s unethical, and possibly illegal. c) Once again, President Trump’s persistent failure to avoid close contact with obvious slime-balls has caused problems. “Lie down with dogs, wake up with fleas” : It’s not a hard concept to grasp, but for a man who was raised and rose to wealth and power in the dog-dominated worlds of real estate, hotels, casinos, show business and now politics, I suppose its hard to imagine NOT being surrounded by the metaphorically flea-infested.

2. Integrity watch: OK, I no longer know what a “movie” is. Netflix is streaming “Roma,” which was just nominated for a “Best Picture” Oscar. It has sold no tickets, and as far as I can see, is indistinguishable from any movie-length TV program, like the Christmas drama that spawned “The Waltons,” “The Homecoming.” I though movies were things shown in theater with big screens by projectors. Netflix’s “The Ballad of Buster Scruggs” (which is terrific) also got some Oscar nominations. Are Hallmark Christmas weepies now eligible for Oscars? To me, those are “TV shows.” Continue reading →