Law & Law Enforcement

Late And Fevered Ethics Musings, 11/15/18: Pardon Hillary, And More Surprises

/ Jack Marshall / 59 Comments

Ugh.

I can’t tell you how much I hate operating at quarter-steam like this. I have an ethics seminar to get through in two days, so I’m trying to be responsible. Luckily I have to deal with this about once every three years or so.

1. Baseball rejects consequentialism! New York Mets right-hander Jacob deGrom won the National League Cy Young Award after leading the majors in earned run average, meaning that he gave up fewer runs per 9 innings of any pitcher. Indeed, deGrom’s major-league-leading 1.70 ERA was two-thirds of a run lower than the next closest NL hurler, Philadelphia‘s Aaron Nola (2.37), and the second best by any starter this century.  Despite his own excellence, his team, the disappointing New York Mets, lost most of his starts, and deGrom only had a 10-9 record for the season. Traditionally the Cy Young honor, meant to designate the best pitcher in each league, has gone to the pitcher who won the most games while not disgracing himself in other categories. With the advent of statistical analysis, however, it has even dawned on the most meat-headed sportswriters that all a pitcher can do is prevent the other team from scoring, and if his team can’t score behind him, it says nothing about his ability at all.

In other words, doing “good” must be judged by what an individual does, not what happens that is beyond his control as he does it or after. Continue reading →

Sick-Bed Ethics Warm-Up, 11/14/18: Ethics Among the Sneezes [UPDATED]

/ Jack Marshall / 48 Comments

Good whatever it is….

1. Bottom line” Don’t trust Facebook. From the Times: “Facebook failed to closely monitor device makers after granting them access to the personal data of hundreds of millions of people, according to a previously unreported disclosure to Congress last month.” Surprised? As with Google promising moths ago that it was no longer reading our mail, then admitting months later that it had resumed the practice, the big tech companies have proven repeatedly that that we cannot believe what they say, or their motives, or their pledges of good will and public service. More from the Times story:

Facebook’s loose oversight of the partnerships was detected by the company’s government-approved privacy monitor in 2013. But it was never revealed to Facebook users, most of whom had not explicitly given the company permission to share their information. Details of those oversight practices were revealed in a letter Facebook sent last month to Senator Ron Wyden, the Oregon Democrat, a privacy advocate and frequent critic of the social media giant.

In the letter, a copy of which Mr. Wyden provided to The New York Times, Facebook wrote that by early 2013 it had entered into data-sharing agreements with seven device makers to provide what it called the “Facebook experience” — custom-built software, typically, that gave those manufacturers’ customers access to Facebook on their phones. Those partnerships, some of which date to at least 2010, fall under a consent decree with the Federal Trade Commission drafted in 2011 and intended to oversee the company’s privacy practices.

Read the whole thing. I just assume that anything I put on Facebook, regardless of the alleged settings,will be sold to or otherwise obtained by potentially malign entities.

2. Just what we need now, a rogue First Lady. First Lady Melania Trump publicly called for the President’s deputy national security adviser, Mira Ricardel, to be fired.  In a word, well, two: Shut up. The felicitous circumstance of marrying someone who is later elected President of the United States confers no expertise or authority. The position of First Lady has no Constitutionally recognized duties, nor does it carry any real power. There is nothing anyone can do to diminish the influence and spouse may have with the President behind closed doors—and that is a problem—but she or the inevitable he must not confuse, confound or otherwise seek to influence affairs of state with public comments and opinions. Why Melania wants Ricardel fired is irrelevant. It’s none of her business.

I just want to point out that I sneezed six times while typing those last four words. Applause, please. Continue reading →

Ethics Warm-Up, 11/13/18: ” Not Dead, Just Wishing I Was” Edition

/ Jack Marshall / 84 Comments

I’m here.

The weekend was a near total wipe-out for me, as the incipient flu-cold or whatever it is that has been stalking me for at least a couple of weeks finally ended all ambiguity by leveling me  just as the long weekend was getting started. I was in bed virtually all day yesterday, most of the day before, and if I’m getting better, damned if I can see it. I’ve always got to be wary when I cough like this, as I am susceptible to bronchitis, but ProEthics, and ethics itself, wait for no Weenie.

1. What do you do with these idiots? The guys in Baraboo High School’s class of 2019 posed with Nazi salutes at their junior prom this year.

It isn’t Mel Brooks High School: “the  Heil sign” is only amusing or satirical in the most carefully constructed context. In any other time of place, it trivializes a historical nightmare, genocide and the engineered murder of millions of people by a madman,  his henchmen, and a poisoned culture. The Wisconsin school district that included Baraboo claims to acting on the photo,  but since it went viral on social media, current and former students have said that the school itself has a culture of racism and bigotry openly that is allowed to thrive by indifferent teachers and administrators.  There’s a lot I don’t understand about the photo.  Where are the girls? Are these only the Nazis in the class, or is it all of the boys? The kids that aren’t saluting: are they protesting against the display? Did they just miss the shot? Why are they in the photo at all? Who in their right mind would participate in such a stunt?

2. Fact: acting U.S. Attorney General Matthew Whitaker has no conflicts of interest with the Mueller investigation. So why are Democrats insisting that he recuse himself, now that his is overseeing the investigation as Jeff Sessions could not? As far as I can see, the only reason is that they want Rod Rosenstein, who had been the acting AG for only the Mueller matter to continue to supervise it because he is perceived as being hostile to the President. Rosenstein does have a conflict, and properly should have recused himself long ago. He was very much involved in the Comey firing, which is part of the  Mueller investigation’s inquiry into alleged obstruction of justice by the President. He conceivably possesses information about the President’s  motives in firing Comey, and quite possibly has  a personal interest in how the episode is interpreted. Rosenstein thus would very likely be a necessary fact witness in any obstruction inquiry in connection with the Comey firing. That’s a conflict.

Whitaker, however, has no conflict. His statements about how Mueller has run the investigation don’t create a conflict of interest under the applicable ethics rules, not does it raise the appearance of impropriety. Democrats are signaling here, as they have repeatedly for two years, that their objective is to “get Trump” by any means necessary, and they will torture and distort, law, ethics and common sense to achieve that goal. Continue reading →

Satchel Paige Would Approve: From The Ethics Alarms Slippery Slope Files

/ Jack Marshall / 18 Comments

“How old would you be if you didn’t know how old you was?” said Leroy “Satchel” Paige, the greatest Negro Leagues pitcher of them all, and —who knows?—maybe the  greatest pitcher of all time, in any league. Imagine: Paige wasn’t allowed to play against white players in the Major Leagues until 1948 when he was over 40, and he still was hard to hit. Satch is a great symbol for the ageless and those of us in denial: he pitched in his last Major League game in his 60’s, throwing three scoreless innings against the Boston Red Sox. Paige’s whimsical  idea that age is just a state of mind has now been carried to its illogical conclusion by Dutch citizen Emile Ratelband, a “positivity trainer” who  calls himself a “young god,” and who has asked a local court to legally change his birthday from March 11, 1949 to March 11,1969, the BBC reports.

Heck, why not? If someone with a Y chromosome and all of their original external organs can say they “identify” as a female and use the ladies room, join the Girl Scouts, and have the protection and support of the law and the woke, why not declare age simply a matter of attitude and mind over matter? It’s just the next frontier in the politically correct realm of reality denial, and I would say, and I know Satchel Paige would say, if  how someone feels is sufficient to legitimize that defiance of concrete reality, treating age as similarly flexible is more than reasonable. Just a stroke of a pen by a judge, and poof! You’re as young as you feel. Continue reading →

Ethics Test For Democrats And “The Resistance”: The Presidential Proclamation Addressing Mass Migration Through the Southern Border of the United States

/ Jack Marshall / 23 Comments

You can read the proclamation here.

Unless I’m missing something, all it says is “The United States will enforce the law.” This, for some reason, is regarded with alarm by the New York Times, which writes,

“The Trump administration, invoking national security powers meant to protect the United States against threats from abroad, announced new rules on Thursday that give President Trump vast authority to deny asylum to virtually any migrant who crosses the border illegally.”

The President always had authority to enforce the law. In fact, his oath of office requires him to do so.

The literally insane idea that the United States should not enforce its borders that somehow has burrowed itself into the Left’s hive-mind will not prevail, and because it involves our survival as a nation, no matter what other misadventures President Trump blunders himself into, opposing this deadly virus of a concept will ensure his support from a broad coalition of the American public. Democrats and the news media could instantly reverse much of the polarization poisoning our democracy if they would only abandon their indefensible defense of illegal immigration, but they just can’t bring themselves to do it, presumably because they regard unfettered immigration as a path to total power. Continue reading →

Ethics Observations On The Sessions Resignation And Reaction

/ Jack Marshall / 18 Comments

In ethical, legal and Constitutional terms, there isn’t really very much legitimate controversy here. The key word here is “legitimate.” “The resistance” is trying its best to spin the issues and confuse the public—yet again. The news media wants to help. They have nothing.

—Attorney General Sessions should have resigned long, long ago. He debased himself by remaining in office. His boss, the President, was publicly abusive, and obviously did not want him to continue in the job.

—I cannot begin to express sufficiently my contempt for the dishonest and absurd argument that Sessions leaving office constitutes an “obstruction of justice” under even the most tortured interpretation of the term. A President can fire and replace his own Cabinet members; this was the issue that technically led to Andrew Johnson’s impeachment. Congress had passed a law (later ruled unconstitutional) that prohibited firing a Cabinet member without Congressional consent. The current theory is even more crack-brained than the claim that Trump firing James Comey, who was incompetent, devious and untrustworthy was obstruction. The “theory,” if you can call it that, is that replacing an AG who had a conflict of interest and had to recuse himself from an investigation is somehow sinister, because the new AG will actually be able to do his job, and supervise a Justice Department investigation.

—The investigation is officially about Russian interference with the 2016 election. Because the Trump campaign and its participants (not the Trump administration: this occurred before the election) might have been implicated or drawn into the investigation, Sessions, who was part of the campaign organization, had to recuse himself as a potential target, witness, or otherwise involved person, both for potential conflicts reasons and to avoid any appearance of impropriety. However, these do not apply to Sessions’ successor, much as Democrats and “the resistance” would want Mueller’s investigation to be completely without supervision by anyone approved by the President.

—There is no reason in the world why the acting AG, Matt Whitaker, should recuse himself from involvement in the Mueller matter. Claims to the contrary are made without grounding in law or ethics. Continue reading →

Verizon Lies. (In My Opinion, Of Course)

/ Jack Marshall / 11 Comments

I think have mentioned here before the frustration of not having high-speed internet available where I live, in Alexandria, Virginia, ZIP 22305. unless I surrender to the horrors of Comcast, which I will not do. According to a source at Verizon, my carrier, the problem is that the City of Alexandria insists on what sound to me like kickbacks from the company in order to get approval to install the necessary hardware. There may be other reasons: I don’t care. I keep seeing Fios ads directed at my locality, and keep getting told that it is unavailable. This has significant business consequences for ProEthics and me. I would like to do have video commentary, and we don’t have the speed to upload one, to give just one example.

Yesterday, I received this email from Verizon:

Important service message for PRO ETHICS LTD: Fios is now available at your location.

There are service updates available for your business. Call us to find out about new service and product options.  We want to make sure you’re getting the right service and value for your business. So, we reviewed your  account and discovered that our latest product and service upgrades could help PRO ETHICS LTD increase
efficiency and productivity. Call us today-we’ll take you through the available service options and give you a Firm Price Quote.

Call your Rep at 888.704.7905 or schedule an appointment.

Sincerely,
Stephen E. Marinetto, Marketing Director, Verizon Business Markets

So informed, I called my “representative.” The results of my call? Continue reading →

Election Day Ethics Warm-Up, But Mostly What Yesterday’s Warm-Up Would Have Been If My Whole Day Hadn’t Spun Wildly Out Of Control…

/ Jack Marshall / 22 Comments

Good Morning, Voters!

1. From the “bias makes you stupid” files. Yesterday two smart, once reasonable Massachusetts lawyers of the female persuasion debated me regarding the appropriateness of Dr. Blasey Ford’s late and unsubstantiated hit on Brett Kavanaugh. They were obnoxious about it, too, rolling their eyes and giggling to each other at my position, with one saying that I sounded like her “Southern friends.” I like them both, but a better example of how bias makes you stupid could hardly be devised. Their primary reason why Blasey Ford’s suddenly recalled trauma from the distant past should have been allowed to smear a qualified nominee for the Supreme Court in nationally televised hearings was this: women and girls in those les-enlightened days had good reason not to report rape and sexual assault, as they often were not believed and because a “boys will be boys” attitude prevailed in the culture. Moreover, they said, almost in unison, women still have good reasons not to report sexual assault. “Do you have daughters?” they asked, “gotcha!”-style.

To anyone whose ethics alarms are in good working order and who recognizes the difference between an emotional argument born of gender and partisan alliances and a good one, the rebuttal is obvious and comprises a general ethics principle:

One person’s misfortune, no matter how tragic or unjust, never justifies being unfair or unjust to somebody else.

Accusing anyone of anything three decades after the alleged incident is unfair.

Publicizing an allegation that cannot be verified and for which there is no supporting evidence is unfair.

Using alleged misconduct as a minor to impugn the character  of an adult and a professional with an unblemished record of good conduct is unfair.

Dispensing with a presumption of innocence under any circumstances is unfair.

Dispensing with due process under any circumstances is unfair, because due process is itself fairness. (The two lawyers kept saying that this was not a trail so due process was not involved. The argument is either disingenuous or ignorant. Due process just means procedural fairness, in any context.)

Punishing one individual male for the fact that other males have escaped accountability for sexual misconduct is unfair-–and illogical.

Giving special considerations to one individual female because other females have been unfairly treated regarding their allegations is unfair—and illogical.

The two female lawyers kept saying that my position is a conservative one. It is not. It is not an ideological position in any way, though their position certainly is. May they regain intellectual integrity soon. And I forgive them for being so utterly insulting during our debate.

2. This is essentially a Big Lie argument from Vox: Ezra Klein, Vox creator, tweeted,

I don’t think people are ready for the crisis that will follow if Democrats win the House popular vote but not the majority. After Kavanaugh, Trump, Garland, Citizens United, Bush v. Gore, etc, the party is on the edge of losing faith in the system (and reasonably so).

An esteemed commenter recently accused me of being unfairly dismissive and insulting when a commenter dissents. That’s occasionally true but not generally true, and one circumstance where I may become dismissive and insulting is when a position is indefensible, like this one. It is either dishonest or so obtuse that no one capable of writing it down should be trusted again. Continue reading →

Sunday Ethics Warm-Up, 11/4/2018 (Part II): Halloween Leftovers, Hot Yoga, And Polls

/ Jack Marshall / 30 Comments

Today’s extended Warm-Up continues…

5. Halloween ethics left-overs:

  • Nah, there’s no Trump Derangement…In Hastings, Michigan, young Benny Drake wore a Donald Trump mask and costume around the neighborhood to solicit candy. At one house, the woman who answered the door threw candy at him and “asked me if she could slap me,” Drake said.

Benny should build a wall around her house.

  • Confession: I once wore a KKK-themed costume to a party. In Fort Smith, Arkansas, a Ku Klux Klan costume won a Halloween contest and a prize at the Lil’ Dude Tavern. After the photo of the costume “went viral,” the bar was attacked on social media and condemned by the local NAACP. A few points:

a) Many of the news media reports discussed the costume but wouldn’t share the photo with readers or TV viewers, presumably out of fear of upsetting some of them. This is incompetent and cowardly journalism, in the same category as writing about the Danish anti-Muhammad cartoons without showing them, or writing that an “epithet” set off a controversy without stating what the epithet was.

b) I assume the ethics issues here are the same as in the Hitler costume controversy, correct?

c) When I wore a KKK-themed costume decades ago, it was after a prominent white supremacist had been killed in a plane crash. KKK costumes always looked a lot like ghosts to me,  so I made a hybrid ghost-KKK costume and carried a travel case with the victim’s name on it and the airline’s sticker.  And I won a prize, too: for Costume in the Worst Taste.

  • I don’t understand this one at ALL.  In Vermont, a trick-or-treater received a bag of poop deposited in his candy bag. According to police, who investigated, it was just a mistake. How could something like that be a mistake? If the bag contained rat poison or an “explosive device,” would “Oops! Silly me!” still be an effective explanation? What if the kid ate the poop, and got violently ill? Same result?

Continue reading →

On The “Trump Said Military Should Shoot Rock-Throwing Migrants” Train Wreck Ride

/ Jack Marshall / 14 Comments

This was a classic leg of the 2016 Post Election Ethics Train Wreck, the Horrible, Disuniting Ride That Never Ends.

On Facebook, one of my dear, hate-addled friends posted that President Trump had “ordered” the military to fire on any of the invasion-minded “caravan”—you know, these charming people,

—laughing, dancing, singing, playing tambourines  and telling fortunes!—who threw rocks when they confront U.S. soldiers at the border. This statement, which seemed incredible to me but because it’s Donald Trump and he could literally say anything from “Give Peace a Chance!” to “I am the Lizard King!” at any moment for any reason, including his own amusement, I couldn’t be sure. All of my friend’s friends were sure, though, and the liked, sad-faced and angry-faced the post to death.

Of course, a President ordering the military to shoot unarmed civilians would be monstrous, as well as illegal. It would also be historically ignorant, as doing so would require cultural amnesia of the major national events that most closely mirror such a scenario, both with “massacre” attached: Kent State, and that little incident in Boston that where it was British soldiers doing the shooting.

That’s not what the President said, though. What he said was this:

“They want to throw rocks at our military, our military fights back. I told them to consider it a rifle. When they throw rocks like what they did to the Mexican military and police I say consider it a rifle.”

Continue reading →