Law & Law Enforcement

Morning Ethics Warm-Up, 8/28/2018: Short, But Disturbing…

/ Jack Marshall / 26 Comments

Good Morning!

1. Am I a chicken? Today I am doing an early morning CLE seminar for prosecutors and government lawyers, and there are a lot of juicy issues that I am staying away from. Last year’s seminar on this topic with this audience bogged down almost immediately in political arguments, and later I received complaints, which I almost never do. Despite the fact that the ethics of government lawyers have never been more under a microscope than  now, today’sthree-hour course is going to almost (almost) completely avoid the controversies surrounding the Mueller investigation, Rosenstein, Strzok and the rest. I am going to mention Andrew McCabe’s use of GoFundMe, but only in the context of lawyers crossing ethics lines while using the web.

Is avoiding the political controversies wrong and cowardly when they are so relevant to the topic of government ethics? I’ve been thinking about this for months. In the end, I have decided that the distraction and static is more damaging to the mission—giving government lawyers a chance to tune up their ethics alarms—than the embargoed topics are essential. There is more to cover than I have time for anyway.

2. More on the baseball mind-control front. Back in 2015, then-Mets second-baseman Daniel Murphy said in an interview that he “did not agree with the lifestyle” of a gay former player. Now, two teams later, he is playing for the Chicago Cubs, and the news media has resuscitated the “scandal”—apparently not agreeing with someone else’s lifestyle when that lifestyle has been officially sanctified is a scandal now—and Murphy is being examined, prodded and watched. Are his anti-gay—apparently not “agreeing” with something is to be “anti-“ too—attitudes a burden on the team? Are they “harming” gay fans? Gays in general? It is clear that Murphy will never stop being a target of political correctness-besotted reporters until he publicly embraces his inner gayness, announces that he has forsworn his sincere religious beliefs (they are  behind the times), and publicly endorses every LGBT issue under the skies. Of course, gay baseball fans in Chicago will be happy with Murphy as long as he hits and helps the Cubs win games, which is all that should matter, and in fact is all that does.

The lesson of Murphy’s ordeal is, I suppose, that no celebrity or public figure should dare utter non-conforming opinions or views, unless they are willing to be hounded by the political correctness Furies to the grave.

I don’t believe this condition is compatible with freedom of thought and expression, but then, neither are the Furies. And those who would deny Murphy leave to “disagree” with whatever he choose to disagree with want freedom of thought and expression to be constrained, or as the Supreme Court put it, “chilled.”

3. Flag up, flag down. Apparently there are people who have nothing better to do than watch flag poles. In response to Senator McCain’s death, The White House lowered its U.S. flag to half-staff on Sunday, raised it back up and on Monday lowered it again after the death of Senator John McCain, in a break with the tradition following the passing of a national leader. Based on the reaction of my Facebook friends, this was far more outrageous than the Catholic Church facilitating child rape for the last 50 years or so. Finally, under pressure from the news media, veterans and members of Congress, President Trump  ordered flags to half-staff, and came out with a late, grudging tribute to McCain.

Yes, the President should have treated McCain like prior departed leaders of his stature and duration on the national scene.

Yes, his response was petty.

Yes, he is petty, and yes, apparently Trump being Trump will perpetually be news.

Yes, John McCain is dead, and his orders that the President of the United States isn’t welcome at his funeral still stand.

Yes, the news media’s attitude is that McCain’s pettiness was justified, because any anti-Trump attitudes are per se virtuous and just, and Trump’s pettiness is just more proof that he should be impeached.

Got it.

4. Lanny Lanny Lanny…In July, CNN published a story claiming that President Trump knew about the planned Trump Tower meeting with some Russians bearing gifts of dirt on Hillary Clinton, or so they had claimed delegation. According to their anonymous source, former Trump fixer and Olympics-level slimemeister Michael Cohen claims Trump was briefed on the meeting. It now appears that the only source for CNN’s story was Lanny Davis, Hillary Clinton’s and Bill’s fixer and Olympics-level slimemeister. Now Lanny is saying that he was somehow “misunderstood.” You see, his client testified under oath to Congress that Trump did not know, so Lanny’s leak to CNN implicated his own Client in a crime—one that he hasn’t pled guilty to yet. Now all of the media outlets, notably the Washington Post, that went into full impeachment heat over the CNN story are having to backtrack, just like Lanny. [Pointer: Liberty Girls]

Nah, Chuck Todd is right, there’s no news media anti-Trump bias!

Sarcasm aside, I find it impossible to believe that a majority of the public isn’t sick of this.

Ethics Dunce And Awful Human Being: Thomas Frieden’s #MeToo Victim…And Also, “KABOOM!”

/ Jack Marshall / 15 Comments

Like “Advice Goddess” blogger  Amy Alkon, when I heard that Dr. Thomas Frieden, Obama’s former head of the CDC, had been arrested for sexual assault, I just assumed that he was one more prominent serial predator who has used his power to abuse women in the workplace, and a pretty serious one, if he ended up in cuffs. After all, nobody has arrested Matt Lauer or Charlie Rose.

Then I read the whole story, and my head exploded. But not because of what Frieden had allegedly done.

A 55-year-old woman, so far unidentified in the media (I want that woman’s name)  came forward to the police in July and said that Dr. Frieden squeezed her buttocks without her permission nine months earlier, on October 20, 2017.  She told investigators the incident occurred  as she was leaving a gathering at Dr. Frieden’s residence in Brooklyn Heights. She said Dr. Frieden groped her while their spouses weren’t looking, and he later apologized, citing personal problems.. Dr. Frieden says the woman is a long-time friend and acquaintance of more than thirty years.

Got that?  Almost a year earlier, at a party, a male friend squeezed her butt. He apologized. She waited all this time, and then humiliated him professionally and publicly by having him arrested.

How can this conduct possibly be excused, and I mean hers. His conduct was wrong—I have never groped a woman’s ass or any other part of her body without clear consent in my life, indeed I have heard complaints that I don’t grope enough— and it was technically civil battery, but far, far from criminal. Having the man arrested is nothing less than a hateful, cruel, vindictive abuse of him, his family and the justice system.

We are told that this women—I want her name!—is a New York artist who has been a vocal #MeToo activist since the Harvey Weinstein Ethics Train Wreck started rolling and squishing, and  has been creating artwork related to the movement. She also wrote an article in an online publication describing that single grope, from a friend, at a party, as the moment she was transformed from activist to victim. Ah! Then treating an old friend this way is completely justified!

No, it’s not. She’s not just an ethics dunce, she’s an asshole.  Alkon–who gets the Ethics Alarms Pointer for this one— calls the grope, which is not sexual harassment, not occurring in the workplace or between superior and inferior, and not creating a hostile work environment, Continue reading →

Ethics Hero: Archbishop Carlo Maria Viganò

/ Jack Marshall / 24 Comments

From the National Catholic Register:

In an extraordinary 11-page written testament, a former apostolic nuncio to the United States has accused several senior prelates of complicity in covering up Archbishop Theodore McCarrick’s allegations of sexual abuse, and has claimed that Pope Francis knew about sanctions imposed on then-Cardinal McCarrick by Pope Benedict XVI but chose to repeal them.

Archbishop Carlo Maria Viganò, 77, who served as apostolic nuncio in Washington D.C. from 2011 to 2016, said that in the late 2000s, Benedict had “imposed on Cardinal McCarrick sanctions similar to those now imposed on him by Pope Francis” and that Viganò personally told Pope Francis about those sanctions in 2013.

Archbishop Viganò said in his written statement, simultaneously released to the Register and other media, (see full text below) that Pope Francis “continued to cover” for McCarrick and not only did he “not take into account the sanctions that Pope Benedict had imposed on him” but also made McCarrick “his trusted counselor.” Viganò said that the former archbishop of Washington advised the Pope to appoint a number of bishops in the United States, including Cardinals Blase Cupich of Chicago and Joseph Tobin of Newark.

Archbishop Viganò, who said his “conscience dictates” that the truth be known as “the corruption has reached the very top of the Church’s hierarchy,” ended his testimony by calling on Pope Francis and all of those implicated in the cover up of Archbishop McCarrick’s abuse to resign.

His full testimony can be read here.

Well, let’s see if the Pope and the Roman Catholic Church can duck its responsibility one more time. This particular giant, nasty ethics chicken has been trying to roost for decades, while whoever was Pope continued to lecture the rest of the world, and the United States particularly, about its moral failings. Funny thing with me: I don’t take well to lectures on morality from self-anointed authorities who habitually facilitate their pals’ child-molesting hobby.  It is telling—damning is a better word—that Pope Francis, who seldom hesitates to comment on the evils of war, capitalism and climate change cannot find words to comment on this accusation. As we discussed here last week, he did issue some Authentic Frontier Gibbersh about the re-emerging child abuse scandal as if he was just an innocent bystander.

Archbishop Viganò is a model whistleblower, although his call for the Pope and the others to resign is inadequate. The entire culture of the Church is corrupt to the core, and aa few, or many, resignations will not cure the problem.

Morning Ethics Warm-Up, 8/27/2018: Petards, Conflicts, And Bullshit Edition

/ Jack Marshall / 37 Comments

Good Morning!

1. Oh no! Hoisted by my own petard! I’m pretty certain that Clinton fixer Lanny Davis has an unwaivable conflict of interest in his representation of Trump fixer Michael Cohen. The legal ethics establishment is soft-peddling the issue because most legal ethicists apparently hate President Trump more than they like ethical lawyering, but I’ve been wrestling over whether to file a disciplinary complaint. The problem is that any complaint that has even a tinge of political motivation won’t be touched by the Bar (if prior performance is any indicator), so a complaint by me would be the proverbial lonely tree falling in the forest. The remedy would be to issue a publicity release about the complaint, but I’ve criticized that tactic as unethical right here, on more than one occasion. Rats.

It might be just as well. After the mere hint that I was defending Donald Trump (I was not) on NPR appears to have gotten me blackballed there after many years as an ethics commentator, I probably should not criticize the lawyer for the most popular sleaze in D.C. these days.

2. Neil Simon Ethics. In an alternate universe, my still operating professional theater company, dedicated to keeping unfairly buried, forgotten or unfashionable American theater works of the past in front of audiences who deserve a chance to see them, is looking at a lot of Neil Simon productions. The works of the —by far—most successful writer of comedies in Broadway history are already sneered at as sexist and “outdated,” and I can vouch for the fact that all it takes is one militant female board member with a checkbook and a chip on her shoulder to kill a production. Remember S.N Behrman? Seen any Philip Barry plays lately? How about Kaufman and Hart? Simon just died, and he’s already heading to obscurity along with those guys, and most of their plays are still funny too.

3. Here’s another topic it’s dangerous to get into…From CBS:

A pregnant Washington state woman said she was fired via text message from a sub shop where worked, with a store manager telling her “it’s not a good time to have somebody who is leaving for maternity leave in several months anyway.” Kameisha Denton told CBS Seattle affiliate KIRO-TV that she had told the manager she was pregnant and due in December, asking for maternity leave.

Denton said she realized that she hadn’t been assigned shifts at Jersey Mike’s sub shop in Marysville, Washington, so she sent a text to her manager inquiring about the hours. The response she says she received was shocking.

When Denton asked for her “updated schedule” she received something a bit different. The store manager named only as “Marcos” in Denton’s phone responded, “I am sorry to inform you but it’s not going to work out with Jersey Mikes. It’s not a good time to have somebody who is leaving for maternity leave in several months anyways. You also failed to tell me this during your interview.”

Denton posted the exchange on Facebook in a post that had garnered over 1,000 shares in just two days.  

Denton told KIRO-TV,  “I was just like in shock, it took me a minute to face reality — I was like this is really happening.”

Continue reading →

Sunday Ethics Revelations, 8/26/18: The B List [Updated]

/ Jack Marshall / 32 Comments

Hi!

The death of John McCain is  one of many important ethics stories that came on the radar screen today, and several of them warrant solo posts. At the risk of not having time to get them up today at all—this is a work day at ProEthics, for ethics never sleeps—I’m going to keep the warm-up to the lesser stories, and keep my fingers crossed.

1. Miracle Whip, Florida. The town of Mayo, in Florida’s Panhandle, secretly made a deal with the Kraft-Heinz mayonnaise  alternative  Miracle Whip to change the hamlet’s name so videographers could capture the residents’ shock when they hear that the name of their town is now a corporate brand. The plan was for ad-makers to film faux efforts to get residents to remove mayonnaise from their homes. Street signs and the name on the water tower had been changed and the mayor lied in an interview with the Associated Press, insisting it would be a good idea to make the name change permanent, before residents were let in on the joke.

Mayo will get between $15,000 and $25,000 to con its own citizens. The money will be used for city beautification measures, so I guess that makes it OK.

The town should impeach the mayor and everyone involved with the scheme, which was almost certainly illegal, and clearly unethical.

But funny!

2. First Ma’amophobia, and now…The Atlantic explores the controversy over using “guys” as a generic term for a group of mixed gender members, as in “hey, guys!” It’s an artificial controversy, and women who take offense when a boss says “you guys” when addressing the group knowing very well that no adverse intent was behind the wording should not be indulged, tolerated or “heard.” The problem is that overly sensitive superiors and others have given undo weight to similar contrived complaints through the years, with innocent and innocuous uses of  a whole dictionary of collective nouns and pronouns being declared near equivalents of racial or gender slurs.The confounding factor is that there are terms that need to be retired. The use of “girls” to describe adult women was part of societal marginalization, just as the use of “boy” for adult African American men was demeaning.  Eliminating the descriptive  distinction between “actors” and “actresses,” on the other hand, is based on a contrived offense.

What is objectionable is that any argument for declaring a term offensive is supposed to be per se decisive, without debate or analysis, if it’s offered by a so-called oppressed group. No group should have the privilege of not having to make its case. I will, for one, eat my foot before I submit to the rhetorical abortion that is “person of color.”

There is nothing necessarily wrong with calling a mixed group by the jocular “guys.” The alternatives all stink, in different ways. I will not use “y’all” and sound like a refugee from “Hee Haw.” “People” is imperious, and actually annoys me (though I would never complain about it). “Folks” is more informal (good) but rings phony (bad). “Friends” is presumptuous, speaking of John McCain, whose habit of addressing every group as “my friends” probably lost him a million votes in the 2008 election.

Communication shouldn’t be that hard, and definitely should not be dangerous. A little Golden Rule would go a long way toward eliminating this problem, guys. Continue reading →

Comment Of The Day: “Morning Ethics Catch-Up, 8/22/18: Manafort, Cohen, and Mollie” (#2)

/ Jack Marshall / 8 Comments

This is the second Comment of the Day on this post, also item #2, regarding the Michael Cohen machinations. The news media is doing a negligent job examining exactly what’s going on so that the average voter with an IQ in three figures has a fighting chance of understanding it. Greg’s comment,  like Michael Ejercito’s before him, helps explicate what the politicized and biased profession that we foolishly trust to inform us does not.

Here is Greg’s Comment of the Day on the post, Morning Ethics Catch-Up, 8/22/18: Manafort, Cohen, and Mollie:

I read the plea agreement and was mystified. It has been known for months that the National Enquirer paid Woman #1 (I forget her real name) for the exclusive rights to her story and that Cohen paid Woman #2 (Stormy Daniels) for a non-disclosure agreement. Democrats have been claiming that these hush money payoffs were illegal campaign contributions, but that theory is tenuous.

The mystifying news in the plea agreement was that before the election, Cohen bought the rights to the non-disclosure portion – not the story rights, which the Enquirer kept – of the Enquirer’s agreement by paying the Enquirer’s back their entire cost for the full agreement. Then after the election, Cohen sold the Enquirer the rights to the non-disclosure agreements of both Woman #1 and Stormy Daniels at his own cost, plus a tax gross-up payment that doubled the price to the Enquirer, plus a substantial fee for himself.

Has anybody offered an explanation for this odd series of payments? Why did the Enquirer sell the Woman #1 rights to Cohen in the first place, since buying them back with a tax gross-up made it much more expensive to them than just keeping the rights to the story? Why did they also buy Stormy Daniels’ NDA from him, again along with a tax gross-up? Why did they pay Cohen a big fixer fee for the trivial amount of work that he performed in buying and selling back the NDA rights? I haven’t yet thought of a good reason why they would do that. The plea agreement says that the buybacks were prearranged before the election, which could arguably be a campaign violation, rather than after the election, which certainly would not be a campaign contribution (although of course we have only Cohen’s word for that). But it never offers any purpose for the buybacks were arranged in the first place. Continue reading →

Saturday Ethics Warm-Up, 8/25/2018: Train Wrecks, Gotchas, Fake News, Idiots, And Progress, Sort Of…

/ Jack Marshall / 10 Comments

Thus endeth one of the worst weeks in Ethics Alarms traffic in years. It depressed me so much I stopped checking the figures. The comments remained vigorous and high quality, and for that I am grateful. Obviously my being on the road, pseudo-vacationing and without a charged computer were factors, as is August. I do feel, however, that a lot of people just don’t want to be objective, rational or ethical where political news is concerned, just angry and emotional.

Well, at least the libel lawsuit by the banned commenter was dismissed this week.. He told the judge that this was an extreme right-wing website, you know.

1. Not the Michael Cohen Ethics Train Wreck, just the Trump Administration Ethics Train Wreck. On one hand, Cohen is as sleazy, unethical and untrustworthy a lawyer ever to blight the profession (now don’t sue me, Mike, this is just my opinion, not an assertion of fact!), as I noted years ago when I first wrote about the creep.  On the other, Trump was literally asking for a disaster by continuing to employ such an obvious low-life. On the one hand, Trump obviously lying about his relationships with various strippers, models and other sex toys for hire was unconscionable; on the other, “everybody lies about sex” was the official Democratic talking point when Bill was doing it. On the one hand, paying hush money to cover up adultery is slimy, on the other, it’s not illegal, and despite what the news media is selling, it probably isn’t an election law violation either. On the one hand, the news media having yet another impeachment wet dream is disgusting, biased, unethical journalism; on the other, Trump keeps handing the “resistance” ammunition on a silver platter.

Nonetheless, the news media and the Democrats still somehow manage to out-misbehave the President. The latest is the ridiculous argument that the Kavanaugh nomination is now somehow “illegitimate” because the President is under suspicion of illegal conduct. Any pundit or authority who makes this totured and desperate case deserves to be permanently ignored and designated a partisan hack; the current list includes Democratic Senators Mazie Hirono and Ed Markey,  and The New York Times’ Paul Krugman, David Harsanyi explains succinctly for those who can’t figure this out for themselves.

2. Great. Now we have legacy racism to worry about. When the kind of “gotcha!” mentality that prompts people to search for insensitive tweets athletes made as teenagers mates with the corporate cowardice that  prompts a company like Nabisco to cave to complaints by deranged extremist group like PETA, in an environment where “Racist” has become the full equivalent of crying “Commie!” or “Witch!,” I guess this is inevitable. Inevitable, but scary, and really, really stupid.

Lilly Diabetes pulled its sponsorship of Indy racer Conor Daly’s  car in the NASCAR Xfinity race at Road America, because the driver’s father allegedly made a racist remark in the 1980s. I could go into more detail, but it would nauseate me. You can read more here. The sponsorship was designed to raise awareness for treatment options and resources for people living with diabetes.

“Unfortunately, the comments that surfaced this week by Derek Daly distract from this focus, so we have made the decision that Lilly Diabetes will no longer run the No. 6 at Road America this weekend,” the company said in a statement. Craven, principle-free, cowards. I have diabetes, and I want to make certain that the focus is on Lilly’s utter disregard for fairness, proportion and common sense. If corporations are this easy to intimidate—and I think they are—the Left’s escalating efforts to constrain free speech, thought, advocacy and conduct are going to be successful. When will conservatives work to make all those Kennedys pay for old Joe’s pro-Hitler sentiments?  That would be about as logical and fair as punishing Conor Daley for a 30-year-old comment by his father.

3. Remember that story about ICE detaining a man while he was driving his pregnant wife to the hospital when they stopped for gas? It was more pro-illegal immigration spin. The coverage of the news that made it not the “children in cages” anti-Trump propaganda it was spun to be was given a fraction of the exposure that the original, misleading story was. The LA Times eventually told what Paul Harvey called “the rest of the story”:

An immigrant in the U.S. illegally who was detained by federal officers in San Bernardino last week while heading to the hospital with his pregnant wife is one of three men listed in an arrest warrant for a 2006 murder in Mexico. Joel Arrona-Lara is wanted in connection with the killing of Miguel Ángel Morales Rodríguez, alias “El Garcia,” according to the arrest warrant…

Gee, can ICE arrest illegal immigrants who are murderers now, or should we just “think of the children’ and leave them alone too? A recent poll concluded that a majority of the public doesn’t approve of how the Trump administration is handling immigration. Well of course not! Children in cages, innocent expectant fathers stopped on teh way to the hospital, all of those good illegal immigrants minding their own business…

This is disinformation designed to influence U.S. elections.

4. Life Incompetence Department: In Bijie, China, a concerned 26-year-old husband and 24-year-old wife consulted a doctor to learn why they had been unsuccessful in their efforts to have a child for four years. Intercourse was painful for the wife, she said. The doctor explained the problem after some further questioning:  they had been having anal sex the entire time. After he gave them a little instruction book, the wife was with child in short order.

5. Good! The National Federation of State High School Associations reports that  participation in 11-player high school football declined nationwide for the second consecutive year. “We are encouraged that the decline in high school football was slowed, due in part, to our efforts in reducing the risk of injury in the sport,” said Karissa Niehoff, the NFHS executive director, in a statement. “While there may be other reasons that students elect not to play football, we have attempted to assure student-athletes and their parents that thanks to the concussion protocols and rules in place in every state in the country, the sport of football is as safe as it ever has been.”

As safe as it has ever been…..

Comment Of The Day: “Morning Ethics Catch-Up, 8/22/18: Manafort, Cohen, and Mollie” (#2)

/ Jack Marshall / 9 Comments

Kudos to Michael Ejercito for flagging an excellent discussion of how election finance laws and the Cohen case intersect. He selected the key section that constitutes the bulk of his Comment of the Day, but by all means, read the whole piece at the link, including this:

The best interpretation of the law is that it simply is not a campaign expense to pay blackmail for things that happened years before one’s candidacy—and thus nothing Cohen (or, in this case, Trump, too) did is a campaign finance crime. But at a minimum, it is unclear whether paying blackmail to a mistress is “for the purpose of influencing an election,” and so must be paid with campaign funds, or a “personal use,” and so prohibited from being paid with campaign funds.

Normally, given this lack of clarity, we would not expect a prosecutor to charge those involved with a “knowing and willful” violation, which means a criminal charge with possible jail time. Typically, at most a civil fine for an unintentional violation would be the response. But prosecutors may be using a guilty plea from Cohen as a predicate for going after the bigger fish, and our simultaneously vague, sometimes contradictory, and incredibly complex campaign finance laws give them that opening.

Of course, it is unethical for prosecutors to use the law to “go after” any citizen, never mind an elected President.

Here is Michael’s Comment of the Day on the post, Morning Ethics Catch-Up, 8/22/18: Manafort, Cohen, and Mollie:

http://reason.com/archives/2018/08/23/trumps-campaign-finance-catch-22

“In the Cohen case, the prosecutors hung their hat on FECA’s definition of “contributions” and “expenditures” as anything spent or contributed “for the purpose of influencing any election.” That’s a pretty broad definition, and certainly it may have been thought that paying hush money to Trump’s old memories would “influence an election.” Thus, they argue, payment of the hush money was subject to limits on the size of contributions used to pay, could not include corporate funds, and had to be reported to the FEC.

“But there is another provision in the statute that prohibits a candidate from diverting campaign funds to “personal use.” “Personal use,” in turn, is defined as any expenditure “used to fulfill any commitment, obligation, or expense of a person that would exist irrespective of the candidate’s election campaign.” These may not be paid with campaign funds, even if they are intended to influence the election. Continue reading →

‘Thank God It’s Friday!’ Ethics Warm-Up, 8/24/2018: Tests…

/ Jack Marshall / 41 Comments

Good morning!

It’s good that this week is finally ending.

1. Case dismissed! Today I learned that motion to dismiss the $100,000 defamation suit against me by a banned Ethics Alarms commenter had been granted. I wish I could claim that my brilliant massing of precedent and irrefutable legal advocacy carried the day, but I’m pretty sure it was because the complaint was absurd and frivolous on its face. The plaintiff’s spot-on Captain Queeg impression at the hearing didn’t hurt.

I’m pretty sure he’ll appeal. They always do.

2. Wisdom from Althouse. I’ve been a bit worried about blogger Ann Althouse, who has been increasingly going off on trivial tangents in posts about important topics. She still is capable of perceptive analysis that cuts through the crap, however. Recalling her response when a friend asked her what her views were on “the constitutional crisis” as a former professor in the field, Ann wrote in part,

What “constitutional crisis”? It seems to me the Constitution is in place, working as usual. There are some legal issues in play, but what’s constitutional other than that some of the various actors in the drama have positions defined in the Constitution and obtained by normal constitutional procedures? It was assumed that I would excitedly spring into action because of this assumed “constitutional crisis,” but my response was that I felt distanced from all the ugly divisions, though I thought some good might ultimately come from the crumbling of the 2 political parties….as I walked on, I thought, What constitutional crisis? It isn’t a constitutional crisis. It’s emotional politics, a national nervous breakdown.

Bingo!

Your friends on social media breathlessly blathering on about a constitutional crisis a) want there to be a constitutional crisis and b) don’t know what the hell they are talking about.

You can tell them I said so. Continue reading →

This Is An Ethics Story. More Than That, It’s Hard To Say…

/ Jack Marshall / 27 Comments

Read this story, please.

Then consider the 10 questions below.

A summary of the main points…

  • Luke Gibbs’ wife, Rachel, mother of two,  was rendered permanently vegetative after a go-kart accident at a Michigan amusement park, the Family Fun Center, near Grand Rapids.  A long scarf she was wearing got caught in one of the go-kart’s axles, snapping her windpipe.

  • She is now in a long-term care center southwest of London. Her husband is certain that this would never have occurred in England, because the country has more regulations. “There’s no agency in the United States that can say to my children, who are American citizens, this is the way in which we worked to protect your mother and keep her safe,” he said. “I’m confident that accident would not have happened here, part because I think we have more stringent regulation,” he added.

  • Parks are exempted from federal regulation, leaving supervision to the vagaries of the states, and six have no oversight: Alabama, Mississippi, Montana, Nevada, Wyoming and Utah. In the early 1980s, park operators successfully lobbied to shield amusement parks from federal oversight by the Consumer Product Safety Commission. Starting in 1999,  Senator Edward J. Markey sought to mandate federal oversight, but Disney successfully lobbied against it, along with its competitors.

They argued that the federal regulation was not necessary.  Industry studies say there is only a one in 17 million chance of injury at fixed-site parks. The safety commission estimates there were 29,400 amusement ride injuries requiring emergency treatment last year at all types of parks, including  inflatable attractions and even coin-operated rides at shopping malls.

Mobile parks with rides that can be moved, like carnivals and state fairs, are not exempted from federal regulation.

  • When Rachel Gibbs wife was injured, the park appeared unprepared for an emergency. The ride’s operators panicked, and momentarily couldn’t recall the park’s address so emergency vehicles could be called, and could not provide the injured woman with a defibrillator

A 2007 internal memorandum from the park admonished employees to “never admit fault for accidents,” adding, “our common phrase is ‘AJ’s is an at your own risk Fun Park.’” Continue reading →