Law & Law Enforcement

Mourning Ethics Warm-Up, 12/5/2018: Fredo, Tom Arnold, Rep. Ocasio-Cortez, Senator Hirono, Fredo, Joe Biden, And Camille Paglia—Who Doesn’t Belong In This Group?

/ Jack Marshall / 38 Comments

Good Afternoon…

1 A Big Lie is born!  The fact that Tom Arnold married Rosanne Barr tells me all I need to know about his intelligence and judgment, though it did get him a single good movie role in “True Lies,” which I never could completely enjoy because the her husband’s abuse of Jamie Lee Curtis’s character seemed so cruel and offensive, but was still played for laughs. That movie is decades old, but Arnold is still holing on to shred of celebrity by being a full-time President Trump troll,  thus getting him the love and fealty of thousands of like-minded Twitter users. 250,000 of them.

Last week, he tweeted that “80% of gun owners shoot themselves or members of their own families.” His tweet was shared all over social media, and not entirely by those who used it to demonstrate beyond the shadow of a doubt that Arnold is a moron. Thus it will believed by many Americans, quoted by the anti-gun addled, and generally make Americans even dumber on this topic than they already are.

2. When will they ever learn?  Or un-learn? The University of Montana is now featured as the Foundation for Individual Rights in Education’s (FIRE) “Speech Code of the Month.” It earned the honor by declaring in its Student Code of Conduct’s ‘Statement of Responsibility’  that all members of the campus community “have the personal responsibility to promote an atmosphere of civility,” and that discussions “should never become mean, nasty or vindictive.”

Of course, since the administrators of a committed left-biased institution will decide what is “mean” or “uncivil,” both subjective standards, you can guess whose speech will be chilled by this.

When did freedom of expression stop being a liberal value? Presumably it began when progressives stopped being able to defend their most extreme conduct, positions  and beliefs…

Continue reading →

Morning Ethics Warm-Up, 12/4/18: The Red Sox Do The Right Thing, France Does The Wrong Thing, The News Media Does Their Usual Thing, And All Sorts Of Stuff In Between…

/ Jack Marshall / 30 Comments

Good Morning!

It’s beginning to look a lot like Christmas…

1. The sad part is that this is newsworthy. The Boston Red Sox accepted their invitation to visit the White House and be honored for their World Series victory. In doing so, they buck the trend of the past couple years of championship teams “boycotting” what should be a unifying, purely ceremonial event of national pride (and fun, since that’s what sports are supposed to be about) in order to make some kind of incoherent statement of disapproval  regarding President Trump. Of course, this is all virtue-signalling, as if being expressly unpatriotic, disrespectful and divisive while insulting the President is a virtue. (Sportswriter love the boycotts.)

Boston manager Alex Cora is Puerto Rican, and had criticized the national response to the island’s hurricane emergency. Some thought that he would lead his team to snub the White House, but Cora is a smarter, wiser, stronger leader than that, as he showed all season long.

2. Great. France accepts government by mob rule. President Emmanuel Macron’s administration today suspended planned increases to fuel taxes for at least six months in response to weeks of  violent protests. The fuel taxes, which most heavily burden  French citizens least able to endure them, were expressly aimed at curbing climate change, though there isno evidence whatsoever that they would accomplish that. So it was a bad policy, but even bad policies should not be vetoed by mob rule. Macron’s capitulation to violent protests is cowardly—though so, so French—and undermines the rule of law, not just in France, but worldwide.

These are the times even the most hardened-Trump-hater should be grateful that the U.S. has a leader who cannot be extorted in this manner.

Should be, but, of course, won’t.

3. If they didn’t have double standards…well, you know the rest. Human rights groups say China has detained up to 2 million Uighurs, a Muslim minority in the country, to promote “ethnic unity” in the country’s far west. This week over 270 scholars from 26 countries released a statement drawing attention to “mass human rights abuses and deliberate attacks on indigenous cultures” taking place in China. “In the camps, these detainees, most of whom are Uighur, are subjected to deeply invasive forms of surveillance and psychological stress as they are forced to abandon their native language, religious beliefs and cultural practices,” the statement said.

Never mind. The news media is just thrilled that the President has called a temporary truce in the trade war with China, is meeting with its leader, and that the two countries may soon again be working together, creating jobs and wealth on both sides of the Pacific. Meanwhile, the same people cheering our efforts to accommodate China have pronounced the President a monster for not risking relations with the Saudi’s over the murder of a single journalist. Continue reading →

When Ethics Alarms Don’t Ring: The Racist Christmas Tree

/ Jack Marshall / 23 Comments

As a holiday prank, two Minneapolis police officers decorated a  Christmas tree inside a Minneapolis Police Department precinct in a primarily African-American area with  half-crushed cans of malt liquor, crumpled bags of Takis chips and Funyuns, a cup from Popeyes and two packs of Newport cigarettes, all highlighted by a strip of yellow crime-scene tape.

Merry Christmas.

Naturally, a photo of the tree made it to social media. The officers responsible were placed on leave after the local African American community and public officials expressed anger and outrage, including Mayor Jacob Frey, who described the tree as “racist, despicable, and well beneath the standards of any person who serves the city of Minneapolis.” Continue reading →

Sunday Ethics Warm-Up, 12/2/18: Stupid Legislature Tricks, NFL Values, And Google Is Now Evil, So Watch Out

/ Jack Marshall / 38 Comments

Good Morning!

Haven’t featured the Battle Hymn of the Republic for a while: it was the musical climax of my Dad’s funeral service at Arlington National Cemetary. My many performer friends sure came through that day. “Wow,” the chaplain exclaimed when the rousing three choruses were finished.

1. On Wisconsin. After a party flip in state governments, the party on the way out will occasionally try to pass lame duck legislation to try to hamstring the new majority. I’m pretty Ethics Alarms has covered other examples of this in the past; if not, it’s because the stunt is usually grandstanding for the base, or mere politics Such laws often fail to  withstand judicial challenge. If a legislature can get away with it, then it’s in the ethics gray zone of politics.

On Monday, the GOP majority Wisconsin legislature will try to pass as much as it can of a huge bill with many dubious or controversial provisions, including some that would limit the new governor’s powers to control the state attorney general, and others that would constrict broad powers the same legislature gave to the defeated Republican governor, Scott Walker. As long as a legislature has power to act, one cannot logically criticize efforts to benefit that legislature’s majority party and its constituents until it has the power to do so no more. If the parties mutually agreed to informally ban such lame duck tricks, that would be wonderful.

As it would be if I could win an Olympic swimming medal.

Sources: Journal-Sentinel 1, 2, 3

2. How clever, and further vulgarizing public discourse, too! I have now heard two ad for Christmas products use the term “elfing,” as in “It’s elfing awesome!” ZOne was a TBS ad for the movie “Elf.”

Really? Obvious plays on the word fuck to promote Christmas and a children’s film? Continue reading →

Death By A Thousand False Narratives

/ Jack Marshall / 10 Comments

If you read the New York Times and its pundits as your primary news source, hate the President of the United States, and are a sucker for confirmation bias (as most of us are), then you probably really do think that President Trump in on the verge of being prosecuted. He’s not, and the fact that the flagship-by-default of the journalistic establishment nonetheless encourages that misconception is all you need to know about the state of American journalism. It deliberately and incompetently misinforms the public to suit its political alliances and agendas, rather than informing the public objectively about what they need to know to govern themselves.

I hate to keep pointing this out, but the evidence keeps coming, and the deniers are increasing their volume. I’m so sick of this particular story that I could hurl. Unfortunately, I have an obligation as both a responsible citizen, an ethicist and a blogger not to allow these Big Lies to lie around unchallenged, because that’s part of the Big Lie method. People get sick of arguing, and the lie becomes truth by default. Well, I’d rather lose readers—and I have—than be complicit in that.

Today, for example, and prompting this mini-post, was this column in the New York Times Review section, by the managing editor of Lawfare. Its called “Mueller vs Fox News,” and the theory is the exact opposite of reality. Her claim is that Fox News is deceiving the public into thinking that Mueller’s investigation hasn’t uncovered what it has been looking for, a way to push the President out of office, when it has. “The evidence from the special counsel’s investigation is already damning, but it must contend with a haze of lies, confusion and ‘alternative facts,'” she writes.

That cut line is what made me read the piece, for I’m always looking for real, as opposed to hoped for, assumed, or misunderstood, evidence that the President illegally and unethically made a quid pro quo deal of some sort with Russia to steal the election. I don’t like cheating in any field, and I don’t care who does it. I also, however, know what cheating is.

There not only isn’t “damning evidence” relating to the President itemized in the column, there is no evidence at all, just the same Manafort and Cohen machinations we have been hearing about all week, plus the even murkier doings of conservative writer James Corsi, none of which constitute “collusion.” Nonetheless, the author posts a series of Orwellian, black-is-white/War is Peace pronouncements which are the precise opposite of reality—and the Times dutifully publishes them. For example, she writes, Continue reading →

The Alexander Acosta-Jeffrey Epstein Scandal

/ Jack Marshall / 26 Comments

That’s Epstein…a popular guy.

You have to buckle your seat belt and read this story.

The Miami-Herald undoubtedly earned itself a Pulitzer Prize with its detailed and horrifying account of rigged justice involving jet set multimillionaire Jeffrey Epstein, who parlayed money, connections, friends in high places and quite possibly extortion into a lighter-than-light sentence despite overwhelming evidence that over many years he had used his resources to gather “a large, cult-like network of underage girls — with the help of young female recruiters — to coerce into having sex acts behind the walls of his opulent waterfront mansion as often as three times a day…The eccentric hedge fund manager, whose friends included former President Bill Clinton, Donald Trump and Prince Andrew, was also suspected of trafficking minor girls, often from overseas, for sex parties at his other homes in Manhattan, New Mexico and the Caribbean, FBI and court records show.”

The prosecutor who allowed Epstein to virtually escape accountability for crimes that make such recent cultural villains as Harvey Weinstein appear to be benign in comparison was the Trump Administration’s Secretary of Labor, Alexander Acosta, then the U.S. attorney for Southern Florida.

Nobody’s talking, except the alleged victims, who are now mounting a legal challenge to the fiasco. Epstien’s lawyers, the kind of high-powered, high-priced super-team that only the richest of the rich can summon, included Allan Dershowitz, Roy Black and Ken Starr, among others, can’t discuss their representation under the rules of client confidentiality. So far, Acosta has been silent as well. The evidence that the paper’s investigation has uncovered—and again, don’t rely on this brief post, read the whole story—is persuasive, damning, and for me, someone who works in and with the legal profession, spiritually devastating. This, from the Maimi-Herald’s introduction and conclusion, provides some sense of the magnitude of the scandal: Continue reading →

Morning Ethics Warm-Up. 11/27/18: Unethical Perry Mason, Icky Science, Race Card-Playing Democrats, Intrusive Bosses And Slanted History

/ Jack Marshall / 37 Comments

Good morning…

1. They are showing “Perry Mason” reruns again on cable TV. That was the show that made my generation want to be lawyers, under the delusion that a defense attorney could regularly prove a criminal defendant innocent. (Pssst! They are almost all guilty.) The show holds up, but boy, Perry was sleazy. In an episode I watched while I was sick, he had his investigator tell the hapless prosecutor, Hamilton Burger (Ham Burger to his friends) that he had found an incriminating piece of evidence that proved someone other than Perry’s client had committed murder. Ham relied on the information and got the killer to confess once he was faced with the production of the “smoking gun.” But Perry’s investigator hadn’t really found anything.

Having one’s agent lie to the state prosecutor is a serious ethics breach. Perry also caused the DA to tell a falsehood to get the confession, though Burger wasn’t lying, since he believed Perry’s contrivance. Prosecutors are no more allowed to lie than other lawyers, but when they do lie “in the public interest,” they seldom get more than a slap on the wrist from courts and bar ethics committees, if that. Burger didn’t seem very upset that Perry conned him, because the real killer was caught. The ends justifies the means, or did in “Perry Mason.”

2. Ick or ethics? A Chinese scientist claims that he had successfully employed embryonic gene editing to help protect twin baby girls from infection with HIV. We are told that bioethicists in China and elsewhere are reacting with “horror.” Writes the Times,

“Ever since scientists created the powerful gene editing technique Crispr, they have braced apprehensively for the day when it would be used to create a genetically altered human being. Many nations banned such work, fearing it could be misused to alter everything from eye color to I.Q….If human embryos can be routinely edited, many scientists, ethicists and policymakers fear a slippery slope to a future in which babies are genetically engineered for traits — like athletic or intellectual prowess — that have nothing to do with preventing devastating medical conditions.”

As with cloning, my view on this controversy is that a new technology does not become unethical because of how it might be used. That unethical use will be unethical, and that is what needs to be addressed when and if the problem arises. (Airplanes could be used to drop atom bombs!) The fear of “designer babies” also seems to be an example of “ick”—it’s strange and creepy!—being mistaken for unethical. Making stronger, smarter, more talented and healthier human beings is not in itself unethical, even if it is the stuff of science fiction horror novels and Josef Mengele’s dreams. Continue reading →

The Nauseating Caravan Apologists

/ Jack Marshall / 36 Comments

As usual regarding illegal immigration, there is no “other side,” only rationalizations, dishonesty and Trump hate and emotionalism. Still, the Left’s…and the media’s but, you know, same thing… rhetoric response to the happenings at the border over the weekend represented a new low. I may just let my deranged Facebook friends stew in their own hateful craziness for a while, so I avoid snapping and telling them exactly how they are acting, which might be ethical but wouldn’t be civil. Here’s international law and human rights expert Alyssa Milano, former witch and Tony Danza’s daughter on Twitter:

“You tear-gassed women and children, asswipe! And on Thanksgiving weekend, you piece of shit, asshole, motherfucking, evil-creature-person!!”

Now, I count at least five ways this is unforgivably moronic (It’s not unforgivable to be a moron, but it is unforgivable to make moronic statements in public), but maybe you can find more that five. It is also, except for its exact choice of words, pretty much the same level of logic as most of my lawyer friends on Facebook: yes, they have been reduced by Trump-hate to the abysmal level of a washed-up celebrity with (I think) a high school education.

One: women who break the law and participate in violent attacks on law enforcement officials are as legitimate targets of non-lethal response as men. Funny how feminism evaporates when it is convenient to the feminist.

Two: Using children as human shields is child abuse, and essentially what sops like Millan are arguing is that an adult with a child should be subjected to different law enforcement standards and more lenient ones than anyone else. Wrong. Also unworkable. Also stupid. There were pictures coming out of yesterday’s chaos of men holding up toddlers as literal shields. Nice. By all means, Alyssa, let’s make that an effective tactic.

Three: Democrats, reporters and Facebook sillies were using “gassed” to describe tear-gassing as if the U.S. was breaking the Geneva convention with chemical weapons. Tear gas and pepper spray are legal, useful, necessary alternatives to deadly force in riot situations. My college classmates were subjected to tear gas twice while I was in college, and deserved it.

Four: Wait, did I miss the new law that says that violent illegal immigrants get a pass on a holiday they don’t acknowledge? Or the one that says that other laws are suspended on Thanksgiving? Or the one that says that besieged law enforcement officials are supposed to throw stuffing and cranberry sauce at their attackers?

As for Five, I offer this to Alyssa and any other hypocrite who had no complaints when this was going on, but who now excoriate Trump in vulgar terms: this link, where we find, Continue reading →

Comment Of The Day: “If The News Media Won’t Resist Publicizing Big Lies, What Hope Is There?”

/ Jack Marshall / 19 Comments

In response to the post about the mainstream news media still presenting the deaths of Freddie Gray and Mike Brown as “murders” despite all evidence and judicial law enforcement determinations to the contrary, Matthew B raised some interesting questions that I’ve pondered myself.

Here is his Comment of the Day on the post, “If The News Media Won’t Resist Publicizing Big Lies, What Hope Is There?:

I don’t understand why the Black Lives Matters focuses in on the cases that don’t make their point. They should be using Philando Castile as a rallying cry, not Freddie Gray.

I also don’t get what is wrong with most white people. How can we have shootings like Daniel Shaver and think there is nothing wrong? We’ve got a police training issue where an unreasonable level of fear pervades contact with the public and a criminal justice problem where officers are given the King’s pass because too many people view police officers as the good guys no matter what. The BLM crowd is unethical in its conduct in trying to make their point. We’ve got the other side who’s unethically blind and want to ignore that the problem exists.

Sunday Ethics Rundown, 11/25/ 18: Liberty Games

/ Jack Marshall / 25 Comments

Good Morning!

1. Baraboo hangover. Apparently the Wisconsin male high school students who gave a Nazi salute in an off-campus photo will not be punished. The superintendent overseeing Baraboo High, Lori Mueller of the Baraboo School District, said in the letter that the district was “not in a position to punish the students for their actions” because of their First Amendment rights. That’s right from a Constitutional viewpoint, and something good will come of the incident if it means that schools will stop punishing students for what they post on social on their own time. Here is the photo, in case you have forgotten…

The Times article sure is full of dissembling and nonsense, however. Peter Gust, the jerk who took and posted the photo, claims that it had been modified by “malevolent behavior on the part of some in society.” Sure. Jordan Blue, the boy in the upper right hand corner in the red tie, has embraced the role of ethics hero in the media, and is grandstanding and virtue signaling like mad, saying that he didn’t have time to leave the photo but that he didn’t raise his arm because “I knew what my morals were and it was not to salute something I didn’t firmly believe in.” Uh, that should be “firmly didn’t believe in,” Jordan. Then there is Brock Turkington, also  in the photograph, whose story is that  “As we were about to take that photo, the photographer instructed the boys to give a ‘high-sign.” The photographer instructed us to extend our arms out, no one knew what a ‘high-sign’ was. I asked another student next to me ‘What are we doing?’ He responded, ‘Stick your arm out.’” But that’s not a “high-sign.” That’s a Heil-sign.

2. I won a bet with myself! Cracked, the list and pop culture commentary website that evolved out of a cheap Mad Magazine rip-off from the Sixties, has a feature called “5 Laws From Other Countries (The USA Should Totally Steal).” Cracked is dominated by smug, if clever, social justice warriors, so I made a bet with myself that the list would contain  several concepts that were unconstitutional or that would advance the Left’s dream of perpetual power. (By the way, you can’t “steal” a law.) Sure enough, the tally was three out of five. I win!!! Continue reading →