Law & Law Enforcement
The Attack Of The Unethical Women
I had pretty much concluded that Christine Blasey Ford was contemptible based on her willingness to impugn a public servant’s integrity, derail what should be an orderly and fair political process, and manipulate the U.S. Supreme Court’s membership using a three decades old allegation that involved, at worst, teenage misconduct. She did this with full knowledge of how #MeToo has unjustly harmed other men simply by raising unprovable rumors and characterizations. In fact, it seems clear that she chose her course of action knowing that she could harm Brett Kavanaugh the same way. If the allegation was politically motivated, as I strongly suspect it was, she is unethical and despicable. If the motive was late vengeance for a teenager’s indiscretion, she is unethical and despicable.
Imagine someone you may have harmed when you were an immature teen. That individual never calls you to account, privately or officially. She never urges you to apologize, accept responsibility, or make amends, or gives you an opportunity to do so. No, she maintains the grievance in escrow, to bring it out years or decades later when the accusation will not only do the most damage, but will also be impossible to defend against. What a cruel, horrible, inhuman way to treat anyone.
First Ford attempted to harm Kavanaugh anonymously. Then, when that wasn’t going to work, she announced her accusation in the news media.
What is being ignored by all those rationalizing Ford’s actions is that that the harm to alleged wrongdoers is magnified and multiplied the longer a victim delays calling for accountability. If Kavanaugh did what he is alleged to have done, he should still have the right to deal with the consequences, accept punishment if any, and be able to get on with his life, set a straight course, and prove his character and values as an adult. Wouldn’t anyone want that opportunity? Shouldn’t any 17-year-old miscreant have that opportunity? As I have already noted, Ford’s conduct is an anti-Golden Rule monstrosity.
It also creates the equivalent of ethics toxic waste. In a just society, nobody is pronounced guilty until guilt is proven, and nobody is publicly accused unless the offense is provable. A prosecutor who knows that there isn’t evidence to convict someone of an offense is violating prosecutoral ethics to bring charges. Ethically, the principles follow. If you cannot prove an accusation, if all you have is your word and nothing else, if there is no chance that any evidence will arise that supports your version of events, you must be, at very least, absolutely certain that you are correct. Ford cannot be 100% certain. Not after more than 30 years, and especially after a long period in which she says she had forgotten about the alleged episode. There are many, many memorable episodes in my life, and I have always had a remarkable memory for events I witnessed or took part in. Such memories, however, shift and blur over time. No 30 year-old memory is 100% reliable, and because we, well, those of us who are fair and honest, know that is true, no 30-year memory should be employed as a weapon or personal destruction. Ford’s memory is both destructive and impossible to defend against exactly because it is so old. Continue reading
From The Ethics Alarms “Now What?” Files: The Hopeless Dallas “Cop Shoots Black Neighbor” Tragedy
I could easily put this story in the Ethics Alarms Zugzwang file, because I see no analysis or result that won’t make the situation worse.
A white off-duty police officer named Amber R. Guyger entered the apartment of Botham Shem Jean, a 26 year old accountant, and fired her service weapon twice at him, killing the St. Lucia immigrant. She claims that she mistakenly entered the wrong apartment after returning home from her 14-hour shift and believed Jean, who is black, was an intruder.
Indeed, her apartment was directly below his. She had inexplicably parked her car on the 4th floor, where Jean’s residence was, rather than the 3rd floor, where hers was. So far, there is no indication that the shooter and the victim knew each other. Guyger had a clean record. Other facts are in dispute. The officer told investigators the apartment door was ajar and then fully opened when she inserted her computerized chip key. That seems possible but unlikely. Lawyers for Jean’s family say the door was closed. How could they possibly know that? Guyger said in court documents that when she opened the door, she saw shadows of someone she thought was a burglar, and shouted commands before shooting. Lawyers for Jean’s family have elicited testimony from neighbors that they heard someone banging on the door and shouting, “Let me in!” and “Open up!” before the gunshots. Why would the officer do that if she didn’t know Jean, or if she thought it was her own apartment? They also said they then heard Jean, say, “Oh my God, why did you do that?”
Boy, that sounds like an awfully convenient exclamation to be remembering now, don’t you think? But who knows? Maybe it proves the two knew each other. (Why didn’t Jean say, “Who are you?”) Maybe it is another “Hands Up! Don’t shoot!” lie for cop-haters and race-baiters to adopt as a rallying cry. Continue reading
“Antigone In Ferguson”: Embedding The Lie
Mike Brown’s father during a discussion after the performance.
“Antigone in Ferguson” premiered at Normandy High School, Michael Brown’s alma mater, in September of 2016. Now the Harlem Stage is presenting it in New York City, Off-Broadway. A play is a play and art is art; artists are going to enable juvenile, half-baked and even destructive political ideas and themes, and playwrights will turn their perceptions of reality into stagecraft that they often are far more qualified to execute than the task of making sense out of the world. This drama was conceived and directed by the activist playwright Bryan Doerries in response to the shooting of Michael Brown in Ferguson, Missouri four years ago, overlays the structure of the ancient Sophocles Greek tragedy with a distorted version of Brown’s death and its aftermath. The goal, says the sympathetic—complicit may be a better word—New York Times, is “to open the door on the thoughts and feelings aroused by the shooting of the 18-year-old Mr. Brown by a white police officer, and by the protests that followed. ”
The play is championed by the Brown family, which means that in part it exists to perpetuate a politically useful lie and the apparently invulnerable narrative that Brown was the innocent, sweet-natured victim of a racist cop who murdered the teen in the streets of Ferguson, and then got away with his deed because the white justice system is bent on killing young black men.
This quite simply is not what happened. The racialist Obama Justice Department was eager to be able to show that the officer was a killer, but in the end, despite the sympathetic spinning of the news media for months, the evidence did not support that conclusion, and no charges could be brought. Mike Brown, stoned and freshly off roughing up a storekeeper, resisted a lawful arrest, tried to grab a police officer’s gun, and then, when he focused his imposing 300 pound mass on charging the smaller cop who arrested him, got himself shot—stupidly, needlessly. His friend on the scene, however, quickly concocted the “Hands up! Don’t shoot!” exchange that never happened, and as that false version slowly twisted its way from slogan to protest to debunked myth, the facts of Brown’s case were neatly discarded for a narrative that advances the cause of division, anti-police bias, racial hatred, and more. Continue reading
Bret Kavanaugh Nomination Ethics Train Wreck Update: Christine Blasey Ford, AKA “Anita Hill”
Now we know the name of the author of the late, through-the-mists-of-time character assassination attempt on Supreme Court nominee Brett Kavanaugh. Good. Realizing that her anonymous sniper attack wouldn’t be sufficient to accomplish the Democrats’ political objective, she identified herself in an interview with the Washington Post. She is Christine Blasey Ford, like Anita Hill a professor who decided to inject an ancient incident into the solemn process—well, it once was, anyway—of confirming a nominee to the Supreme Court.
The fact that the accusation is no longer anonymous changes some aspects of this latest—is it the most unethical? Probably—twist in the Kavanaugh Ethics Train Wreck saga so far. From the second the desperate Sen. Diane Feinstein—desperate to defeat a qualified conservative judge, desperate to bolster her standing with a California progressive base that finds her too moderate—released Ford’s allegation, it could be tagged “unethical” in five ways:
1 The accusation was anonymous, and thus could not be fairly confronted by the accused. UNFAIR.
2. The accusation was over 30 years old, meaning that all aspects of it, including the recollections of the alleged participants, would be inherently untrustworthy. This is why we have statutes of limitations. UNFAIR, and IRRESPONSIBLE.
3. The accusation was, and still is, unsubstantiated by anyone else. UNFAIR, and IRRESPONSIBLE.
4. The accusation was made against a distinguished public servant and family man with no documented blemishes on his record or character as an adult, stemming from an alleged incident that occurred, if it occurred, while he was a minor. UNFAIR
5. No complaint had been made against Kavanaugh by the accuser at any time in the intervening years, until his nomination by President Trump became a political rallying point for the Left. IRRESPONSIBLE.
Now there are only four. One would be too many. The accusation should not have been made, and should not have been made public. This is a simple Golden Rule equation: what innocent human being would want to be the target of an unprovable accusation like this, at a moment when a significant career advancing opportunity was in the balance? We must begin with the assumption that Kavanaugh is indeed innocent, because there is no substantiated evidence that he is not, and because as an adult, which is what matters now, he is innocent.
Do I believe Kavanaugh, who has unequivocally denied that the incident occurred? I have no reason or justification to believe or disbelieve him, and neither does anyone else. However, I would regard the incident as irrelevant to his confirmation even if he agreed that it happened. Would a report of such an incident when he was applying for bar membership be treated as sufficient proof of bad character to cause his application to be rejected? Absolutely not, not in any jurisdiction in the nation. Would such conduct as a minor cause any adult with an impeccable record since high school to be rejected for any job or post? Are high school indiscretions that do not involve criminal prosecutions ever deemed relevant to adult employment? Never. (Well, hardly ever.) Continue reading
Saturday Afternoon Ethics Titillation, 9/15/18: Yes, Virginia, It Was A Smear…
A hurricane-free hello!
…at least in Northern Virginia. We had been told by breathless media and local government since early in then week that today and tomorrow would consist of heavy rain and dangerous winds. Naturally, today dawned clear, calm and menacing. The shelves in the supermarkets, however, were picked over as if a nuclear attack were imminent. At what point are urgent warnings no longer prudent but irresponsible and fear-mongering? At what point do they undermine the ability to get the public to take warnings seriously when there is a genuine threat? This area plays Chicken Little so often and with such speculative provocation that I don’t trust the prognostications at all any more.
And who the heck buys up all the pickles to prepare for flooding?
1. Ethics Dunce: John Kerry. But anyone who didn’t know that by now wouldn’t be convinced by me, so I’ll just include poor, sad, useless and deluded John in a Saturday afternoon potpourri that hardly anyone reads. But what a jerk. We don’t enforce the Logan Act that prohibits private citizens from mucking around in our diplomacy, but under what justification can he argue for his negotiating with Iran? There is literally no good he can accomplish (there was little good he could accomplish when he was authorized to engage in diplomacy), and now his interference does is undermine the elected President and government.
Trump’s tweet…
John Kerry had illegal meetings with the very hostile Iranian Regime, which can only serve to undercut our great work to the detriment of the American people. He told them to wait out the Trump Administration! Was he registered under the Foreign Agents Registration Act? BAD!
…was predictably juvenile and superfluous, but, incredibly, Kerry’s return tweet was worse, and might as well have consisted of “Nyah nyah nyah!”
Mr. President, you should be more worried about Paul Manafort meeting with Robert Mueller than me meeting with Iran’s FM. But if you want to learn something about the nuclear agreement that made the world safer, buy my new book, Every Day Is Extra: https://amzn.to/2xhmhQG
Wow. Begin by passing along the “resistance” myth that there just has to be some smoking gun proving the President rigged the election, follow it up with the batty theory that giving the #1 purveyor of world terrorism billions of dollars to play with “makes the world safer,” and then hint that the real reason he’s openly interfering with U.S. diplomacy is to sell his book.
Yechhh.
2. A plug for a really smart friend who debunked a Democrat smear: Senator Feinstein’s despicable desperation sliming of Brett Kavanaugh, a real “Have you no decency at all?”-worthy moment, prompted a nasty conspiracy theory yesterday. The fact that the GOP could rapidly release a letter with 65 female acquaintances from the nominee’s high school years certifying that his anonymous accuser has described conduct wildly out of character being cited as proof that the alleged episode was already known by the administration, and thus has some basis in fact.
Virginia Hume, known to some as the politically active daughter of veteran broadcast journalist Britt Hume and known to me as a smart, clever, astute woman who worked for me 30 years ago, authored a piece for the Weekly Standard explaining how the letter came together so quickly. She knows, because she signed it.
She writes in part…
“The letter was conceived and drafted by friends of Brett’s, and it was drafted after allegations came out on Thursday. I learned about the letter from a friend and fellow signatory. Others learned about it the same way. Those surprised at the speed with which it came together should see it as yet another testament to Brett’s excellent reputation”
Elsewhere in the article are examples of Virginia’s characteristic wit. I can vouch without reservation for her honesty and integrity. I would trust her with my life. More than that, I would trust her with my dog. Continue reading
Morning Ethics Warm-Up, 9/14/18: A Newly Christened Ethics Train Wreck!
Good Morn…ARRRGH!!!
1. As predicted…The wounded Ethics Alarms commenter who sued me for defamation is appealing the Massachusetts judge’s ruling granting my motion to dismiss for failure to state a cause of action. His main objective, I assume, is just to waste as much of my time and money as possible. Apparently he either has posted or will post the entire transcript of the hearing and a recording of the proceedings on his website.
2. It’s official! The Bret Kavanaugh confirmation is officially and ethics train wreck. It was already a national embarrassment. Putting it over the top and on the metaphorical rails was the truly nauseating smear attempted by Senator Diane Feinstein (D-Cal). Here is her statement:
“I have received information from an individual concerning the nomination of Brett Kavanaugh to the Supreme Court. That individual strongly requested confidentiality, declined to come forward or press the matter further, and I have honored that decision. I have, however, referred the matter to federal investigative authorities.”
This is pure innuendo with no content whatsoever, and thus dirty politics, indeed McCarthyite politics. But wait! There’s more! From the Intercept:
It purportedly describes an incident that was relayed to someone affiliated with Stanford University, who authored the letter and sent it to Rep. Anna Eshoo, a Democrat who represents the area. Different sources provided different accounts of the contents of the letter, and some of the sources said they themselves had heard different versions, but the one consistent theme was that it describes an incident involving Kavanaugh and a woman while they were in high school.
I’m sorry if heads are exploding, but I’m especially concerned about those who will try to rationalize what Feinstein, and the Democrats, are doing in their desperation to defeat the nomination of a completely qualified Supreme Court candidate. A second, third or fourth-hand hearsay account from an anonymous source alleging some kind of possibly sexual misconduct (by 2018 #MeToo rules, I’m sure) was passed along to Feinstein, who announced that she was referring it to the Justice Department, and the alleged conduct of an undefined nature occurred when Kavanaugh was a high school student. Continue reading
Ethics Dunce State: California (Who Else?)
We don’t need further evidence that the Golden State has jumped the ethics shark, has general contempt for the Bill of Rights and is in thrall to Alinskyite “ends justify the means” rationalizations, but here it is anyway. California state lawyers tried to defend in federal court an old law, California Penal Code §26820, which read:
No handgun or imitation handgun, or placard advertising the sale or other transfer thereof, shall be displayed in any part of the premises where it can readily be seen from the outside.
Now, don’t ask me how a law like lasted as long as it has; the thing is 95 years old. But it’s embarrassingly unconstitutional. That’s prior restraint by definition. If a first year law student, or a well-educated college student (if thee are such things), reads that law, the First amendment alarms have to start ringing. Why wouldn’t California just repeal such a law, quietly, so as not t embarrass the state? Why wouldn’t California, like a state with some integrity that supports core U.S. values, just concede to the Court that the law is a dud, and not oppose the claim that it is illegal? I think we have to assume that is because the culture of this particular state has rotted through. It doesn’t support core U.S. values like the freedom of speech, which might be the most vital of them all. Continue reading
Morning Ethics Warm-Up, 9/13/2018: The Serena Winds Continue To Blow, Along With A Lot Of Other Unpleasant Things
Good morning!
There’s Hurricane Hysteria in the Washington area, with everyone freaking out and clearing the store shelves, and the news media making it sound like this is the End of Days. Did you know that BOTH Chicken Little and the Boy Who Cried Wolf lived in Washington, D.C.? Thanks to a late summer repeat of what goes on every time there’s a rumor of nascent snow flake during our winters, nobody’s working, returning emails and phone calls, or doing anything, it seems, except, I assume, trying to figure out a way to blame whatever happens on President Trump.
Incidentally, this was going to be an afternoon post yesterday, until my car blew a radiator hose on Route 395 at rush hour.
1. Yes, more on the “racist cartoon.” Reader Michael B. reminded me of some of the liberal editorial cartoonists’ attacks on Condoleeza Rice. Here was one such cartoon, from 2005, that I found online.
Here’s the real Condoleeza:
I’ve been challenged to post a poll on this cartoon too, but that’s tricky. The two cartoons are not equivalent. I don’t think either is racist, but if I were in the business of race-baiting, the Rice cartoon is worse for several reasons. To begin with, Serena really did throw a tantrum on the U.S. Open court, and it was ugly, thus theoretically justifying an ugly graphic portrayal. There was never an incident analogous to what the cartoon Condi is shown doing. Moreover, she never exhibited anything approaching the snarling, aggressive demeanor portrayed by the cartoonist, at least not in public. I think the face given Rice is also vaguely simian, and if a similar spoof of Michell Obama had been published, all hell would have broken loose.
There were some complaints about racist caricatures of Rice during the Bush years, but all from conservative organizations and commentators, none from the NAACP, and nothing on the scale of the uproar over the Williams cartoon.
My position is…
….that both the Williams and the Rice cartoon are within the acceptable range of an art form I detest and find inherently unethical, editorial cartooning.
….that the indignation over either cartoon is driven by bias toward the targets.
….that anyone who wasn’t vocal about “racial insensitivity” toward Rice in various cartoons is not the most convincing advocate for the position that the Knight drawing is racist. Yes, such a person might have changed their point of view, but he or she has the burden of proof to demonstrate that this is the case. I’m skeptical.
So here are TWO polls..
2. I find it difficult to believe that as Democrats are revealing the total ethical void in their current strategy, polls show voters favoring a Democratic Congress in the upcoming election. Of course, it helps that the mainstream news media won’t communicate to the public fairly so they understand what’s going on:
- During his hearings, Bret Kavanaugh said, speaking of the position of the plaintiffs in a case, “In that case, they said filling out the form would make them complicit in the provision of the abortion-inducing drugs that were, as a religious matter, objected to.” This was immediately distorted in the news media and by anti-Kavanaugh activists as Kavanaugh referring to birth control as “abortion-inducing drugs.” Hillary Clinton (to be fair, I assume that she was reading second hand accounts—you know, like everyone criticizes Trump for doing with Fox News) then beclowned herself by tweeting:
I want to be sure we’re all clear about something that Brett Kavanaugh said in his confirmation hearings last week. He referred to birth-control pills as “abortion-inducing drugs.” That set off a lot of alarm bells for me, and it should for you, too.
[Pointer: Zoltar Speaks!]
- CNN tweeted this (Pointer: Instapundit):
I think this qualifies as going beyond deceit to pure lying. The texts themselves were evidence. It’s like a defense attorney saying “The prosecution, without evidence, suggests that the murder weapon with the defendant’s fingerprints on it links him to the killing!”
- A man cursing Donald Trump attempted to stab Republican Rudy Peters, running for the House in California, with a switchblade over the weekend.This kind of thing does not happen every day, nor in every Congressional race. Democrats have increasingly been suggesting violent measures be used against conservatives and Republicans, and there has already been one armed attack that nearly killed Rep. Steve Scalise and threatened other GOP officials. Yet when Rep. Eric Swalwell, Peters’ opponent, appeared on CNN host Erin Burnett’s show “Erin Burnett Outfront” last night, she never asked Stalwell about the attack or its implications. That’s journalistic negligence, and likely bias.
3. Please explain this to me. Anyone? Karen White, a transgender man “transitioning” to female, was accused of repeatedly raping a woman in 2016 and had been previously been jailed in 2001 for a sexual assault on a child. After telling the authorities that he identified as a woman, Karen, who still has her penis, aka her weapon of choice when engaged in sexual assault, was remanded into HMP New Hall near Wakefield, West Yorkshire, an all female facility.
She then sexually assaulted four female inmates a few days later. Who could have predicted such a thing? The prison’s spokesperson said: “We apologize sincerely for the mistakes which were made in this case. While we work to manage all prisoners, including those who are transgender, sensitively and in line with the law, we are clear that the safety of all prisoners must be our absolute priority.” Continue reading
There Is Gender And Racial Bias In The Legal Profession, But This Study Doesn’t Prove It…Because Of Bias
Incompetent, agenda-driven research leads to warped debates, hyped conclusion and bad policy. It also undermines credibility of those who cite some legitimate problems. The recent report, which proposes strategies for employers to eliminate the alleged barriers to women and minorities in the legal profession, is such research. It was conducted by the Center for WorkLifeLaw at the University of California, Hastings College of the Law, for the bar association’s Commission on Women in the Profession and the Minority Corporate Counsel Association.
At least the New York Times headline, for once, was accurate., at least the online version: “Lawyers Say They Face Persistent Racial and Gender Bias at Work.” Yup, that’s what the survey showed. What it didn’t show is that there really is such discrimination, how much there is, or how it manifests itself. Here’s part of the executive summary:
Prove-It-Again. Women of color, white women, and men of color reported that they have to go “above and beyond” to get the same recognition and respect as their colleagues.
- Women of color reported PIA bias at a higher level than any other group, 35 percentage points higher than white men.
- White women and men of color also reported high levels of PIA bias, 25 percentage points higher than white men.
- Women of color reported that they are held to higher standards than their colleagues at a level 32 percentage points higher than white men.
This demonstrates, at least within the reliability of the survey, that minorities and women perceive that they are being discriminated against more than white males. That’s a useless result. We have seen and read, for example, how various African American activists and celebrities like Charles M. Blow and Ta’ nahisi Coates teach their sons that police are racists, and that they must fear them. As a result, they interpret all interactions with police through this prism. One doesn’t have to be a research ethicist to conclude that this warps their perception. Similarly, all women currently in the workplace have been bombarded by the media, activists, peers and the culture for most or all of their working lives about how hostile the workplace is to women.
At least four of the seven most common and insidious biases are at work:
1. Herd mentality: The tendency to adopt the opinions and follow the behaviors of the majority to feel safer and to avoid conflict. Also known as mob psychology, peer pressure, and group-think.
Members of groups seeking political power through maximization of perceived victim status are influenced by the needs, mission and perceptions of that group.
2. Confirmation Bias: the tendency to look for or interpret information in a way that confirms pre-formed beliefs.
If you already believe that you are going to be the target of discrimination, you will interpret events to confirm that belief.
3. Self-Serving Bias: when an individual attributes positive outcomes to internal factors and negative outcomes to external factors.
This is the most tragic phenomenon of both a history of bigotry towards certain groups and the laudable efforts to raise awareness of it to eliminate the conduct. It pushes women and minorities to blame external factors for their failures, and in so doing impedes their chances of success. I have previously written about my personal epiphany in this area, when an African American singer who I rejected for a challenging tenor role accused me outright of not casting him because of his color. He could not hit the notes the role required, and yet he was convinced that bias, and not his own deficiencies as a singer, was what cost him the part.
4. Bias Blindness: the tendency not to acknowledge one’s own thought biases.
I don’t doubt that there is considerable gender and racial bias in law firms. Indeed, I am certain of it. This kind of study, however, is not the way to sound the alarm, and smacks of either incompetence or dishonesty.
Ethics Alarms 
No, I wasn’t just looking for an excuse to post a photo of Stormy. This is an ethics blog!
Chris Marschner authored a Comment Of The Day this morning, which reminded me that another of his Comments Of The Day had been waiting on the runway for almost a month.
I’m glad of this, because the topic has nothing to do with the Kavanaugh hearings. Chris was writing about the then-popular impeachment plan–Plan K-— raised by Michael Cohen’s fixing activities. Would I rather think about Michael Cohen or Christine Blasey Ford? Would I rather be kicked in the head by a Clydesdale or a musk ox?
Here is Chris Marschner’s Comment of the Day on the post, Morning Ethics Catch-Up, 8/22/18: Manafort, Cohen, and Mollie: