Law & Law Enforcement

Morning Ethics Warm-Up, 10/26/2018: ‘Bombs,’ Bicycles And Bullying

/ Jack Marshall / 93 Comments

Good morning!

I need Jimmy today. (Bing’s on this one too…)

1. They’re NOT “bombs.” I urge everyone to call their friends on this. Until it is established that in fact the “suspicious packages” (the FBI’s current description) or the “potentially destructive devices” can blow up and that they were intended to blow up, referring to them (as the New York Times has done) as “pipe bombs” and the mysterious asshole who sent them as “the bomber” is misleading and, in many cases, deliberately inflammatory. Cut it out. Nor are the mailed whatevertheyares “attacks.” Nobody has been “attacked” until the intent to harm them has been established, and it hasn’t been.

This is driving me crazy, in case you can’t tell.

The news media obviously wants these to be bombs, wants the sender to be a deranged Trump fan, hell, they’d love it if the sender was Trump himself. So they can’t help themselves, apparently, in jumping the gun and dishonestly reporting what is still very much in doubt. Personally, I would love to have it determined that the perp is a “resistance” member pulling a false flag operation, just to teach the news media a lesson, not that they are capable of learning it.

2. Trump’s Tweets. CNN and MSNBC are melting down with faux fury over this morning’s Trump Tweet, which said,

Funny how lowly rated CNN, and others, can criticize me at will, even blaming me for the current spate of Bombs and ridiculously comparing this to September 11th and the Oklahoma City bombing, yet when I criticize them they go wild and scream, “it’s just not Presidential!”

Notes: Continue reading →

A Jumbo, And It WORKS! Double Standards, “Beyond A Reasonable Doubt” And The Judge’s “Toy”

/ Jack Marshall / 12 Comments

Here is a rare case where a Jumbo (as in Jimmy Durante’s desperate “Elephant? What elephant?” defense when caught stealing the biggest pachyderm alive in the Broadway show “Jumbo”) actually worked.

Judge Joseph Claps of Cook County, Illinois, was acquitted this week on a charge of carrying a concealed weapon into a prohibited area, reports the Chicago Tribune. 

You see, a gun, or what looked like a gun and sounded like a gun when it hit the floor appeared to fall out of Claps’ jacket when he was entering the courthouse. The judge was licensed to carry, but it is still illegal to bring a firearm into the building. Sheriff’s deputies testified they believed the object was a gun, but they didn’t intervene because they weren’t sure whether the judge was allowed to have the weapon, and because, well, he was a judge.

Did Judge Claps admit he screwed up and accept the consequences like a trustworthy, honest public servant? No! He went to trial, and allowed his lawyer to argue that prosecutors couldn’t prove the “object” was a gun. ( “Gun? What gun?”) Claps’ lawyer argued that the dropped object could have been a replica or a toy. “It could have been a cap gun,” Breen said. “It could have been a water pistol. It could have been a lighter, a cigar lighter. It could have been anything.” Anything that looked like a gun sufficiently to convince the security personnel that it was a gun. And really, we all know how judges sometimes carry water pistols and cap guns into court! Continue reading →

Ethics Warm-Up, 10/24/2018: Catchers, Judges, Photographers, And Journalists Behaving Badly. Then There Are The Bombers….

/ Jack Marshall / 112 Comments

Good afternoon!

You might as well know: I’ve been what they euphemistically  call “under the weather” recently. Ethics is getting in the way of my naps…

1. About those bombs…Not much that needs to be said about the explosive devices sent to Soros, the Clintons, Obama and—it fits–CNN, except this: it was inevitable. With conservatives being harassed and attacked in public places, Fox News offices and Republican offices being vandalized, and Democratic leadership and the media openly feeding the hate while rationalizing extreme incivility ( Philippe Reines, former adviser to Hillary Clinton, on MSNBC regarding mobs harassing Mitch McConnell and others: “People are doing these things because it’s all that’s left.” Gee, I guess there were some other tactics left after all, eh, Phil?), that some unstable wacko would decide to bring a gun to knife fight was a near certainty. Naturally, the news media and Democrats want to blame Republicans for the crimes. That’s not going to defuse the situation, and it’s also wrong.  The blame falls on all of those who have encouraged the rhetoric of hate and uncivil conduct rather than conducting political debate in a manner that doesn’t shame democracy.

You can make that list as easily as I can. When the Oklahoma City bombing occurred, the extreme anti-government rhetoric—by the standards of those times, at least–of the Right was fairly accorded the bulk of the blame for raising anger to a dangerous level. This time, the hate machine is being operated around the clock by the Left, and for two years without a break or a significant easing on the accelerator—indeed, it is pretty much the Democratic theme of the 2018 elections.

2. It’s a huge bat! It’s a black-robed blur! It’ SUPER JUDGE! In Chehalis, Washington, Judge R.W. Buzzard left the bench and chased  after two handcuffed inmates when they made a run for it from his Washington state courtroom. 22-year-old Tanner Jacobson and 28-year-old Kodey Howard bolted for the door and down  four flights of stairs, but the judge grabbed Howard just as he was about to exit the courthouse, and Jacobson was caught by police apprehended Jacobson a few blocks away.

As with the cases of bank tellers and grocery clerks who spontaneously play vigilante, the judge was exceeding his authority and interfering with law enforcement. This wasn’t his job, and is not the kind of image the judiciary wants to project. He should be disciplined, but probably won’t be.

Sheriff Rob Snaza said of the incident, “These things don’t happen very often.” No kidding. And they shouldn’t happen at all.
Continue reading →

Mostly Non-Baseball Ethics Musings While Nervously Watching The World Series [UPDATED!]

/ Jack Marshall / 28 Comments

1. Dave Roberts did indeed get a standing ovation from the Boston fans when he was introduced in the pre-game ceremonies. As I promised…

2. Another family has written an attack letter against a member running for office. This is the second instance of this ugly campaign tactic this election  cycle. I don’t care what party is involved, or who the candidates are. Amy family members who would do this are contemptible.  The Laxalt family members, the culprits this time, even wrote that they didn’t know their target very well. If they don’t know him, why do their opinions matter?  Have they no decency? Has no one any decency?

3. I thought my left-wing echo-chamber addled Facebook friends were kidding when they suggested that President Trump and the Republicans were paying for the herd of illegal aliens marching on our borders. No, apparently some progressive pundits and journalists are actually claiming this, with a Blasey Ford level of evidence. You know, none. So illegal immigrants, encouraged by open-borders rhetoric from American progressives, Democrats and the biased news media, set out to force themselves past our laws and borders, and because this display risks enlightening the public about just how irresponsible and dangerous the left’s romanticized fantasy about illegal immigration is, they are denying that it’s real, and blaming it on Trump. Amazing.

4. Now here’s a campaign controversy you don’t see very often: the Democratic  candidate for the Minnesota State legislature may have married her brother. I  might argue that such incest is not necessarily relevant to her qualifications as a legislature, except that there is evidence that the marriage was a factor in possible immigration fraud and student loan fraud. Continue reading →

Morning Ethics Warm-Up, 10/23/2018: Cognitive Dissonance Scale Edition

/ Jack Marshall / 50 Comments

Good Morning, and Go Red Sox!

The cognitive dissonance scale will come in handy today:

1 Cultural incompetence. “First Man,” about the first landing on the Moon, is a bust at the box office, and that result should have been completely predictable to anyone who has any sense at all about U.S. culture. Maybe if Hollywood loses enough money, it will figure out that its role is to celebrate and contribute to U.S. culture and values, not to trash them. The decision to omit the planting of the flag on the moon may have been rationalized as an artistic choice, but it resonated as a tone-deaf (at best) or obnoxious political one. That blurry, stiffened flag on the Moon is certainly one of my most vivid memories of the event—why would any film excise it, unless it was trying to make an anti-patriotic statement? Writes lonely Hollywood conservative critic Christian Toto:

Why did it matter? That moon walk represented a monumental U.S. victory. The moment gave the U.S. a decisive space race blow against the Soviets. Armstrong’s heroism completed President John F. Kennedy’s vow to reach the moon by decade’s end. The flag mattered.

Well, of course. The real question is, how estranged from their own nation and history must the filmmakers be not to know this? The American flag, American achievements, American pride, and patriotism are all high on the CD scale for most citizens and movie-goers except for the most estranged and anti-democratic of our education system’s victims. Openly opposing them drives the messenger down the scale.

(The film’s British co-star, Claire Foy, calling President Trump “the penis of America” in an interview probably didn’t help either.)

2. Translation: “We are really, really stupid, shameless  and desperate!” PETA has launched an anti-milk campaign attempting to link the beverage to white supremacy, tweeting “Cows’ milk has long been a symbol used by white supremacists. One more reason to and blogging,

“Aside from ‘lactose-tolerant’ white supremacists, cow’s milk really is the perfect drink of choice for all (even unwitting) supremacists, since the dairy industry inflicts extreme violence on other living beings. PETA is trying to wake people up to the implications of choosing this white beverage and suggesting that they choose something else pronto.”

Of course, this is just Cognitive Dissonance Scale gaming 101. Democrats and the left-biased news media have tried to use the white supremacy smear to attack President Trump and conservatives, but the scale didn’t get used the way they hoped. Instead of linking the President to racism and dragging his scale ranking down, they linked themselves to dishonest race-baiting and unscrupulous name-calling, both very low on the scale, and dragged themselves down the scale.

Morons.

3. Did Republicans recruit the migrant mob? If they didn’t, they might as well have. A hoard of South Americans openly intending to defy U.S. law and force their way across the boarder, looking for all the world like one of the deadly “herds” of zombies that periodically menace the heroes of “The Walking Dead” and “Fear the Walking Dead” …

could not provide a better illustration of why the progressive position on illegal immigration is nuts, and thus indefensible. It is amusing watching the mainstream media trying to spin the unspinnable: these are people openly planning on defying U.S. sovereignty and law, and they think they can get away with it because of the irresponsible rhetoric of Democrats and shills like David Hogg, who told a college audience that the U.S. is “stolen land” and thus illegal immigration is justified.

Cognitive dissonance scale analysis: Hoards of non-citizens trying to force themselves across our boarders are low on the scale, in deep negative numbers, like zombies. Those who rationalize, justify or support them will be pulled lower on the scale by associating themselves with them. Continue reading →

How Can Anyone Honestly Defend Harvard’s Discriminatory Admissions Practices? Especially Harvard?

/ Jack Marshall / 34 Comments

The federal trial that began last week in  Students for Fair Admissions v. Harvard, featuring  America’s oldest college being accused of discriminating against Asian-American applicants should, if there is justice in the world, both finally kill the lingering bigotry of college affirmative action policies and expose the U.S.’s most prestigious educational institution, and the ideological philosophy that has captured it, as the hypocritical and fraudulent entity that it is.  Does Harvard discriminate on the basis of race? Why yes, it does. There is no valid argument that it does not. Evidence shows that the college ties itself into logical knots concocting ways to justify not admitting Asian-American applicant who would sail into freshman classes were not their race used to undermine their candidacy. The plaintiffs cite reports that Harvard itself conducted  in 2013. The reports, by Harvard’s Office of Institutional Research, found that being Asian-American was negatively associated with being admitted. Harvard claims that it must consider race in order to have a “diverse” student body, which is important, it says, to the quality of education one can obtain there. “Diversity,” however is and has always been a rationalization for discrimination. No matter how affirmative action is framed, the fact is that it is a zero-sum game: for each individual whose race benefits their quest for admission, there is another individual whose race is used as a justification to reject him or her. There is no way of getting around this inconvenient fact, yet Harvard and other elite institutions persist in denying it.  Continue reading →

Ethics Observations As An Ex-FBI Agent Is Sentenced To Four Years in Prison For Leaking Documents To The News Media

/ Jack Marshall / 7 Comments

From the Times story:

By the time Terry J. Albury arrived in Minneapolis in 2012, about 11 years after he went to work for the F.B.I., he had grown increasingly convinced that agents were abusing their powers and discriminating against racial and religious minorities as they hunted for potential terrorists.

The son of an Ethiopian political refugee, Mr. Albury was the only African-American field agent assigned to a counterterrorism squad that scrutinized Minnesota’s Somali-American community. There, according to his lawyer, he became disillusioned about “widespread racist and xenophobic sentiments” in the bureau and “discriminatory practices and policies he observed and implemented.”

In 2016, Mr. Albury began photographing secret documents that described F.B.I. powers to recruit potential informants and identify potential extremists. On Thursday, he was sentenced to four years in prison after pleading guilty last year to unauthorized disclosures of national security secrets for sending several of the documents to The Intercept, which published the files with a series titled “The F.B.I.’s Secret Rules.”

Observations:

1. GOOD!

2. Whether Albury’s perceptions of discrimination were accurate or not, they were not excuses for breaking the law. Continue reading →

Sports In The Ethics News!

/ Jack Marshall / 4 Comments

Gynnastics and Football! Mary Bono, yes, Sonny’s widow, resigned as the interim CEO of the USA Gymnastics Federation after a tweet in which she dared to express disapproval of Nike, presumably because of its decision to elevate renegade NFL kneeler Colin Kaepernick to role model status.  The tweet pre-dated her agreement to serve as an interim head while the embattled organization tries to dig out from a sexual molestation scandal. Nike is being sought as a major sponsor of women’s gymnastics, as several fled after the Federation was disgraced in the Larry Nasser scandal. Simone Biles and other gymnasts used social media to questioned whether Bono was fit to lead the organization and whether it was wise to alienate a potential sponsor. Chalk this one up to another set of timid bureaucrats being more terrified of social media than they are interested in running their organization competently. Nike now politicizes everything it touches, and has taken up permanent residence on the Left, because it thinks that where the market and the money is. Surely there are potential corporate sponsors that aren’t fond of using divisive messages to sell merchandise.

Is the new cultural standard going to be that impulsive tweets from the past, recent or distant, are legitimate reasons to can qualified people from jobs in which they have done nothing wrong? Bono’s fatal tweet just said that she had crossed out the “swoosh” on her own shoes.

Boy, when President Trump’s tweets come out, he’s going to be in BIG trouble…

On the other hand, Bono is an idiot. Her post resignation tweet suggested that both the kneeling NFL players and her swoosh censorship were protected free speech. She was a member of Congress, and she doesn’t understand the First Amendment. Worse, every time a presumed authority repeats that dead wrong “the players have a right to protest on the field” canard, America gets a little dumber.

Fire her for THAT.

Baseball! (Of course…): Continue reading →

Morning Ethics Warm-Up, 10/17/18: Travel Hell Edition

/ Jack Marshall / 22 Comments

Good Morning from Virginia Beach, VA…

…where I am giving a legal ethics seminar to a law firm this morning!

1. Count the ethics issues in Travel Hell…This story is true, and I’m not changing any names, because nobody is innocent.

Last night I had to drive to Virginia Beach after another seminar in D.C., and after yet another road trip on family business. It turned out to be a three and a half hour drive in a pouring rain. Arriving at 2:20 am at the Virginia Beach Westin, where I was supposed to have a room, I was immediately informed by the graveyard shift desk clerk that we could not stay there…because the previous occupants of the room reserved for us (my wife and business partner also made the trip) had “left fecal matter” all over the room, creating a HAZMAT situation. Not to worry, though! The beachfront Hilton would put us up, at the Westin’s expense!

Since I wasn’t paying for the room, this was small consolation.

Of course, we had unloaded the car, and the Hilton was 20 minutes away, and the desk clerk had neither an address nor a phone number, which I pointed out to her was essential. (The point of staying at the Westin was that it was convenient to the location of the law firm.) So we loaded up the car and set out to the new destination, arriving just before 3 am. There, the Hilton desk clerk told us that the hotel had just begun an audit, and we could not be put in a room for at least 20 minutes. I was literally afraid to tell my wife this, as she was in the car alternately fuming and wincing in pain because the endless trip had revived her sciatica.

I was not nice to the Hilton desk clerk, who swore that she told the Westin about the problem, and that they should have told us. I said that I didn’t care whose fault it was, they were now responsible for two weary travelers, and that it was her responsibility to fix the problem. She found a very nice man who got a big tip from me for taking charge of our vehicle and taking our stuff up to our room when the “audit” was over.

Once in the room, we discovered that two of the lamps didn’t work, the desk lamp was missing, and the clock was blinking. I told the clerk to send someone up and have the room in the shape I expect hotel rooms to be in before I walk in the door—including having the clock set and functioning.

On the plus side, no fecal matter was in evidence….

2. Why people hate lawyers…Branson Duck Vehicles and Ripley Entertainment are facing multiple lawsuits in the horrific duck boat accident that killed 17 people in Missouri , including nine members of a single family. In court papers filed this week, the companies’ lawyer cited an 1851 maritime law to limit or eliminate liability for the July tragedy.

In a filing in federal court in Missouri, the defendants denied negligence in the sinking of the boat, and argues that if a court does find negligence, they have no liability because, under that law, “the Vessel was a total loss and has no current value. No freight was pending on the Vessel.”

The reaction was predictable. Human beings have no value? This was a Hail Mary defense tactic to be sure, but if that’s the clients’ best option, it is the lawyers’ duty to argue it, IF they first inform their clients that it is a likely public relations disaster that as a cure could be worse than the disease, and seems unlikely to do anything but inflame a jury.

Mid-Day Ethics Warm-Up, 10/16/18: The Jerk Squad

/ Jack Marshall / 67 Comments

Good whatever it is by the time I post this; big time computer problems, and every keystroke may be my last..

1. Baseball Ethics, Jerk Divison. Should baseball reward or punish its jerks? Last night in the Brewers-Dodgers NLCS game, LA’s jerks were out in force. Free-agent slugger to be Manny Machado was penalized for one dirty slide, much like the one that helped put Red Sox second-baseman Dustin Pedroia on the sidelines for the entire 2018 season,  a night after loafing to first base. Are teams really going to break the bank to try sign this guy? Then, in the ninth inning, Dodger mega-jerk Yasiel Puig mocked the Brewers closer for not throwing him a strike. Said MLB analyst Harold Reynolds, “I would have hit him with the next pitch. You can’t let an opposing player disrespect you like that.” Old school nonsense  or cultural enforcement?

Driving home from this morning’s ethics seminar, I heard two commentators on the Sirius-XM baseball channel talking about Houston Astros star Alex Bregman’s sending out a derisive social media message about Boston Red Sox pitcher Nathan Eovaldi in advance of tonight’s play-off game. They agreed that it was “good for the game” and appealed to kids for the athletes to show “personality” and “edge.”

This is “A Nation of Assholes.”  Being a jerk isn’t showing “personality.” It’s just being a jerk. No part of the culture should be extolling “edge.”

2. When in a hole, stop digging. If all goes well, Elizabeth Warren’s triumphant discovery that she is 99.9% white and therefore was justified in representing herself as a “person of color” for institutional diversity purposes will sink her career aspirations as deep as they deserve to be sunk. The fact that so much of the mainstream media is willing to have their credibility brought down with her is indicative of how stupid bias will make people. The Daily Beast, for example, writes in a headline, “Warren revealed results show Native American heritage Monday.”

Keep it up, guys. Pretty soon the jig will be up for identify politics, since  if 1/1,024th Native American means “Native American heritage,” then everyone is “of color” somehow. In that case, perhaps we’ll owe Warren a debt of gratitude. As for the news media, I am pretty sure all but the most reality-resistant progressive warriors recognize how absurd it is to call a distant, distant outlying contributor to the family gene pool sufficient to bestow “Native American ancestry,” especially when Native Americans themselves cry “hogwash.” Why are journalists so eager to rationalize Warren’s transparent distortion of fairness, science and logic? What could make them behave like that? Why should we trust people who take such manifestly ridiculous positions? Why should we respect a profession that treats us like idiots?

The news media appears to think they can keep getting further and further away from the boundaries of legitimate reportage and commentary without a critical mass of people asking these questions. Continue reading →