Law & Law Enforcement

On “Chappaquiddick” And My Multiple “KABOOMS!” As I Watched It.

/ Jack Marshall / 10 Comments

I finally saw “Chappaquiddick” after delaying the ordeal as long as I could. It isn’t an ethics movie; nor is it the unethical movie I feared that it might be. What “Chappaquiddick” is a very discouraging movie, one that depressed me greatly. It is telling that the Kennedy Legacy Collective didn’t swoop down and try to kill the film, as it is devastating in it depiction of the late Senator. I can only assume that increased focus on what really happened in, say, a libel trial would only affirm the portrayals, and do more damage than a little-seen film alone.

Of course, the movie is open to attack by Kennedy defenders on the grounds that it speculates what Ted Kennedy was thinking, as well as on  the conversations that went on behind closed doors. Nonetheless, the bare fact that Senator Kennedy waited 10 full hours before reporting the accident that killed Mary Jo Kopechne to police has been damning enough since that summer day in 1969 without further elaboration. The cover story—no, we can’t prove it was a cover story, but it was a cover story—that Ted was dazed and in shock from a concussion and wandered around aimlessly, explaining his actions—was never credible, certainly not at my Arlington, Massachusetts home.

I experienced the film this week as a simultaneous flashback and a series of head explosions. I had forgotten the ridiculous neck brace Kennedy wore to Mary Jo’s funeral (but not before or after it); the film states that it was a prop, and I remember that this was the consensus at the time. My biggest head explosion? It was probably the statement of the Martha’s Vineyard judge who gifted Kennedy with the shortest sentence possible for the lesser offense the Senator agreed to plead to, which was leaving the scene of an accident. Kennedy got a two months suspended sentence, and the judge said that he would be “punished enough.” (If you are unfamiliar withe my opinion of THAT rationalization, you can check out this post from 5 years ago; I have another one somewhere about a father who let his baby die in a hot, locked car, and both people involved in those tragedies were less despicable than Ted Kennedy.) Punished enough? The judge presumably meant that Teddy would take a big hit to his White House aspirations, poor guy.

You know, I’d say that every citizen locked up for negligent homicide, which is the real crime Kennedy was guilty of, can kiss their Presidential aspirations good-bye.

KABOOM #2 was the film’s version of first thing out of Kennedy’s mouth when he began explaining the fateful night’s events to cousin and family lawyer Joe Gargan: “I’m never going to be President.” I can’t find substantiation for this; the line isn’t in the version of the screenplay on the web. The subsequent conferences with Kennedy advisors and fixers, however, showed callousness that was not much worse. The film took a lot of its facts from “Senatorial Privilege” by Leo Damore, which was written from interviews with Kennedy friends and relatives, including Gargan.  Kennedy  made over 30 phone calls from the hotel payphone, none of which involved rescuing Mary Jo.   His driving license had been expired for 6-months, so Kennedy’s fixers pulled the right strings and the DMV issued him a new license on that Sunday, before he surrendered to police.

My head blasted the third time watching the recreation of Ted’s nationally televised speech, written by Kennedy wordsmith Ted Sorensen. This is the real version; the movie shortens it quite a bit…

My fellow citizens:

I have requested this opportunity to talk to the people of Massachusetts about the tragedy which happened last Friday evening. This morning I entered a plea of guilty to the charge of leaving the scene of an accident. Prior to my appearance in court it would have been [im]proper for me to comment on these matters. But tonight I am free to tell you what happened and to say what it means to me.

On the weekend of July 18th, I was on Martha’s Vineyard Island participating with my nephew, Joe Kennedy — as for thirty years my family has participated — in the annual Edgartown Sailing Regatta. Only reasons of health prevented my wife from accompanying me.

On Chappaquiddick Island, off Martha’s Vineyard, I attended, on Friday evening, July 18th, a cook-out I had encouraged and helped sponsor for a devoted group of Kennedy campaign secretaries. When I left the party, around 11:15pm, I was accompanied by one of these girls, Miss Mary Jo Kopechne. Mary Jo was one of the most devoted members of the staff of Senator Robert Kennedy. She worked for him for four years and was broken up over his death. For this reason, and because she was such a gentle, kind, and idealistic person, all of us tried to help her feel that she still had a home with the Kennedy family.There is no truth, no truth whatever, to the widely circulated suspicions of immoral conduct that have been leveled at my behavior and hers regarding that evening. There has never been a private relationship between us of any kind. I know of nothing in Mary Jo’s conduct on that or any other occasion — and the same is true of the other girls at that party — that would lend any substance to such ugly speculation about their character. Nor was I driving under the influence of liquor.

Little over one mile away, the car that I was driving on an unlit road went off a narrow bridge which had no guard rails and was built on a left angle to the road. The car overturned in a deep pond and immediately filled with water. I remember thinking as the cold water rushed in around my head that I was for certain drowning. Then water entered my lungs and I actual felt the sensation of drowning. But somehow I struggled to the surface alive.

I made immediate and repeated efforts to save Mary Jo by diving into the strong and murky current, but succeeded only in increasing my state of utter exhaustion and alarm. My conduct and conversations during the next several hours, to the extent that I can remember them, make no sense to me at all.

Although my doctors informed me that I suffered a cerebral concussion, as well as shock, I do not seek to escape responsibility for my actions by placing the blame either on the physical and emotional trauma brought on by the accident, or on anyone else.

I regard as indefensible the fact that I did not report the accident to the police immediately.

Instead of looking directly for a telephone after lying exhausted in the grass for an undetermined time, I walked back to the cottage where the party was being held and requested the help of two friends, my cousin, Joseph Gargan and Phil Markham, and directed them to return immediately to the scene with me — this was sometime after midnight — in order to undertake a new effort to dive down and locate Miss Kopechne. Their strenuous efforts, undertaken at some risk to their own lives, also proved futile.

All kinds of scrambled thoughts — all of them confused, some of them irrational, many of them which I cannot recall, and some of which I would not have seriously entertained under normal circumstances — went through my mind during this period. They were reflected in the various inexplicable, inconsistent, and inconclusive things I said and did, including such questions as whether the girl might still be alive somewhere out of that immediate area, whether some awful curse did actually hang over all the Kennedys, whether there was some justifiable reason for me to doubt what had happened and to delay my report, whether somehow the awful weight of this incredible incident might in some way pass from my shoulders. I was overcome, I’m frank to say, by a jumble of emotions: grief, fear, doubt, exhaustion, panic, confusion, and shock.

Instructing Gargan and Markham not to alarm Mary Jo’s friends that night, I had them take me to the ferry crossing. The ferry having shut down for the night, I suddenly jumped into the water and impulsively swam across, nearly drowning once again in the effort, and returned to my hotel about 2:00am — and collapsed in my room. I remember going out at one point and saying something to the room clerk.

In the morning, with my mind somewhat more lucid, I made an effort to call a family legal advisor, Burke Marshall, from a public telephone on the Chappaquiddick side of the ferry and then belatedly reported the accident to the Martha[‘s] Vineyard police.

Today, as I mentioned, I felt morally obligated to plead guilty to the charge of leaving the scene of an accident. No words on my part can possibly express the terrible pain and suffering I feel over this tragic incident. This last week has been an agonizing one for me and for the members of my family. And the grief we feel over the loss of a wonderful friend will remain with us the rest of our lives.

These events, the publicity, innuendo, and whispers which have surrounded them and my admission of guilt this morning raises the question in my mind of whether my standing among the people of my State has been so impaired that I should resign my seat in the United States Senate. If at any time the citizens of Massachusetts should lack confidence in their Senator’s character, or his ability — with or without justification — he could not in my opinion adequately perform his duties and should not continue in office.

The people of this State, the State which sent John Quincy Adams, and Daniel Webster, and Charles Sumner, and Henry Cabot Lodge, and John Kennedy to the United States Senate are entitled to representation in that body by men who inspire their utmost confidence. For this reason, I would understand full well why some might think it right for me to resign. For me, this will be a difficult decision to make.

It has been seven years since my first election to the Senate. You and I share many memories — some of them have been glorious, some have been very sad. The opportunity to work with you and serve Massachusetts has made my life worthwhile.

And so I ask you tonight, the people of Massachusetts, to think this through with me. In facing this decision, I seek your advice and opinion. In making it, I seek your prayers — for this is a decision that I will have finally to make on my own.

It has been written:

“A man does what he must — in spite of personal consequences, in spite of obstacles, and dangers, and pressures — and that is the basis of all human morality……whatever may be the sacrifices he faces, if he follows his conscience — the loss of his friends, his fortune, his contentment, even the esteem of his fellow man — each man must decide for himself the course he will follow. The stories of the past courage cannot supply courage itself. For this, each man must look into his own soul.”

I pray that I can have the courage to make the right decision. Whatever is decided, whatever the future holds for me, I hope that I shall have — be able to put this most recent tragedy behind me and make some further contribution to our state and mankind — whether it be in public or private life.

Thank you and good night.

I had forgotten that Kennedy never apologized to the Kopechnes for getting their daughter killed. But he did use the recently departed Mary Jo as a convenient device to signal his virtue, standing up for her reputation, while being mostly concerned about his own. The poetic quote was a a typical Sorensen touch, and laying it on a bit thick: a Churchillian passage of dubious provenance that sainted brother Jack had used in his Pulitzer Prize-winning “Profiles in Courage”—which was, after all, written by Ted Sorensen.

The final series of head explosions occurred at the end, as the film showed archival footage of Massachusetts voters, Kennedy worshipers, most of them, talking about how “anyone can make a mistake” and what good things Ted and his dead brothers had done in the past, and how sure, they would vote for him again.

Of course, they did.

The modern progressive movement in the Democratic Party was substantially built on the career of this weak, corrupt man, the product of the triumph of nepotism, mythology, celebrity, money and privilege over merit and justice.

And people deny that there could have been any bias, political manipulation and corruption in the investigation of Hillary Clinton’s private server.

Kaboom.

Ken White Enlightens Us Regarding Judge Kavanaugh

/ Jack Marshall / 20 Comments

Libertarian, free speech specialist lawyer/blogger Ken White has some news for the anti-Brett Kavanaugh fanatics who are claiming that he will lead an evil Republican plot to take away our civil rights. In a Popehat post titled “You”ll Hate This Post on Brett Kavanaugh”, —which tells you a lot about his readers, don’t you think?—Ken demonstrates that he, unlike the reflex foes of President Trump’s distinguished nominee to replace Justice Kennedy on the Supreme Court, has done his homework, and has made a fair and objective analysis of Kavanaugh’s record on the crucial Constitutional issue of free speech.

His conclusion?

“In conclusion, Kavanaugh’s work on the D.C. Circuit show a judge strongly protective of free speech rights, and part of the trend of applying free speech doctrines both to classic scenarios and to government regulation. His stance on telecommunications and elections laws will get him painted as part of the “weaponize free speech” movement by results-oriented thinkers. He’s strong on First Amendment limits on defamation law and his approach to anti-SLAPP statutes do not, as some have suggested, signal that he wants to make defamation cases easier. But though he might help upset applecarts by applying the First Amendment to regulatory schemes, and will not uphold broad speech restrictions, he will likely not overturn doctrines that make it hard for individuals to recover for speech violations.”

Continue reading →

Sunday Morning Ethics Hangover, 7/15/2018: “Animal House” And The Death Of Truth [UPDATED!]

/ Jack Marshall / 42 Comments

Good Morning!

(WordPress isn’t working properly this morning. Perfect…)

1. Not being biased helps you be non-stupid…Yesterday, chatting with lawyer attendees at my ethics seminar, a former government attorney told me that he had several ex-FBI colleagues who were horrified at many aspects of the Peter Strzok hearings, as was he. Among their concerns:

  • The news media was failing its duty to explain to the public the duties of professionals, and why Strzok’s conduct was unacceptable, unethical, and undermined the credibility of the investigations he was involved in.
  • Democrats were defending the indefensible, and also breaching their duty to the public. They ought to be exactly as outraged as Republicans at a figure as demonstrably biased as Strzok polluting important law enforcement inquiries, and also should have rebuked him for his defiant attitude.
  • The Strzok scandal was immensely damaging to the public image of the FBI, and should be. It demonstrates an agency that has been seriously mismanages, and that has a damaged culture.
  • The simple fact that Strzok would use FBI equipment to send his texts demonstrated outrageous incompetence and lack of judgement. Even setting aside the bias issue, for a key figure in an investigation to behave so recklessly proves that the current FBI is untrustworthy.

Naturally this is gratifying, since the positions are all consistent with those I have expressed here, and also because they are correct.

2.  When miscreants emulate “Animal House” and Democrats applaud...We also discussed Strzok’s ridiculous “Otter defense”in the hearing, as he emulated the cynical (but in that case, funny) argument offered by the “Animal House” character played by Tim Mathieson (“Take it easy! I’m pre-law!” “I thought you were pre-med!” “What’s the difference?”) in a student council hearing over his fraternity members’ outrageous conduct, especially his own:

” Ladies and gentlemen, I’ll be brief. The issue here is not whether we broke a few rules, or took a few liberties with our female party guests – we did. But you can’t hold a whole fraternity responsible for the behavior of a few, sick twisted individuals. For if you do, then shouldn’t we blame the whole fraternity system? And if the whole fraternity system is guilty, then isn’t this an indictment of our educational institutions in general? I put it to you, Greg – isn’t this an indictment of our entire American society? Well, you can do whatever you want to us, but we’re not going to sit here and listen to you badmouth the United States of America!”

This, of course, is exactly the disingenuous tactic employed by Strzok when he pronounced himself grievously offended that his accusers would dare to impugn the integrity of the FBI, knowing well that the harm done to his agency was entirely due to his own actions. Continue reading →

Ick Or Ethics? The Officers’ “Coin Flip”

/ Jack Marshall / 20 Comments

OK, it wasn’t really a coin flip, as many news sources inaccurately reported. And, true, there is no definitive evidence that the virtual coin flip two police officers allegedly resorted to in order to make the call whether to arrest a reckless driver or not actually was the reason they arrested her. It is even possible that they did the opposite of what the cell phone app told them to do.

Never mind. It’s still an interesting ethics story. I would make it an ethics quiz, except that I am sure of the answer.

Here is the background: In the city of Roswell,  outside of Atlanta on April 7,  Sarah Webb was running late for work. Police saw her go by at what they estimated was over 80 miles an hour, caught up to her, and told her she was diving recklessly, especially since the roads were wet.

She was arrested. Then it came out that this happened, (from the New York Times account):

In the footage of the arrest, the officers can be heard talking about what to do. One said that she had not been able to measure the exact speed of Ms. Webb’s vehicle but had to drive as fast as 90 miles per hour to catch up with her. Then she could be seen pulling out a phone.

“A, head. R, tail,” said one of the officers — A for arrest, or R for release.

“O.K.,” said the other.

Then a sound effect can be heard: a cartoonish chime and click, like a coin flipping and landing.

“This is tail, right?” said one officer.

“Yeah. So, release?” said another.

“23,” came the reply, referring to a police code for an arrest. Ms. Webb was handcuffed moments later.

In the aftermath, the charges were dropped and the officers involved have been suspended, with the police chief saying, “This behavior is not indicative of the hard-working officers of the Roswell Police Department. I have much higher expectations of our police officers and I am appalled that any law enforcement officer would trivialize the decision-making process of something as important as the arrest of a person.” Meanwhile, the reckless driver, in an exhibition that should at least be entered for the 2018 Gall of the Year award, is vocally claiming victimhood, saying, Continue reading →

I Don’t Know What You Call This, But I’m Pretty Sure It Isn’t “Honesty” Or “Integrity”…

/ Jack Marshall / 21 Comments

This embarrassing cretinism is why Americans have no respect for politicians, and it is the kind of utter nonsense that explains how a non-politician was able to win the Presidency. It also makes me giggle, I must confess, in light of the serious statement of late by a generally  perceptive commenter  here that “only one party plays by the rules,” meaning Democrats.

Sure.

Over the Fourth of July, Democrats indulged their more deranged radical base by encouraging calls to “abolish ICE.” The motto is a direct challenge to common sense, national security, national integrity, sovereignty, oh, lots and lots of things, but you know: “think of the children,” the President is a Nazi, all of that. Hey, politics is only about figuring out how to govern effectively and responsibly, so why not encourage policy insanity, if it lets “the resistance” blow off steam between episodes of harassing Republicans in grocery stores and restaurants?

Former Presidential candidate Sen. Bernie Sanders, I-Vt., attacked the U.S. Immigration and Customs Enforcement  as being a part of a “cruel, dysfunctional immigration system.”  Kirsten Gillibrand, D-N.Y. said that ICE “has become a deportation force” which should be abolished. She was joined by New York City’s socialist mayor Bill de Blasio, who called the agency “broken” and “divisive,” and tweeted that it should be abolished. Then the grandstanding Democrats really got carried away in their dishonest political science fiction theater: some of them actually submitted a bill to abolish ICE. The Establishing a Humane Immigration Enforcement System Act was introduced this week by Reps. Mark Pocan (D-Wis.), Pramila Jayapal (D-Wash.) and Adriano Espaillat (D-N.Y.), and was instantly supported by major Democratic Party leaders  like Sanders, Gillibrand, Senators Elizabeth Warren and Bernie Sanders, as well as the party’s’ new rock star, House candidate Alexandria Ocasio-Cortez.

And what did those mean old Nazi Republicans do to squash the illegal immigration lovers’ efforts? They announced that they will let the insane bill  go to the floor for a vote, thus forcing Democrats to go on record as opposing the enforcement of immigration laws, which the overwhelming majority of American citizens (aka “voters”) support.

The shocked response of the Democrats, having set a trap and fallen into it was priceless. They did a swell imitation of Jackie Gleason as Ralph Kramden, when he was caught in one of his foolish schemes…

On the day after the GOP agreed to put ICE’s existence to a vote, the always risible Ted Lieu (D-Cal) insisted that “Abolish ICE!’ was never meant to be a cry to abolish ICE. “Democrats who have said this are not saying abolish ICE and do nothing,” he humina-ed. “They’re saying we should have a new agency that has principles and values more consistent with what the American people believe.”  Ah. So Democrats saying that they wanted to abolish Immigration and Customs Enforcement really want Immigration and Customs laws enforced! Thanks for clarifying that, Ted, you pathetic weasel.

But Lieu was instantly outdone by the double-talking sponsors of the bill.  Reps. Mark Pocan of Wisconsin, Pramila Jayapal of Washington and Adriano Espaillat of New York—the Three Open Borderskateers who launched the faux  bill, told The Hill, 

“We know Speaker [Paul] Ryan is not serious about passing our ‘Establishing a Humane Immigration Enforcement System Act,’ so members of Congress, advocacy groups, and impacted communities will not engage in this political stun.If Speaker Ryan puts our bill on the floor, we plan to vote no and will instead use the opportunity to force an urgently needed and long-overdue conversation on the House floor.”

Interesting theory. If the Speaker “isn’t serious” about passing a Democratic bill up for a vote, then it’s not a real bill? Not a good bill? Not a statement of Democratic policy?  Said House Majority Whip Steve Scalise (R-La.), admirably suppressing a grin,  “I think everyone ought to be on record about where they stand on that issue.”

You see, and I know you can see, the Democrats who were calling for the abolishment of ICE were posturing, faking, lying. They were faking their indignation, and pandering in the certainty that they would never have to back up their words with actions.

Snarks Ann Althouse: “This story is the perfect illustration of the phrase ‘It’s all politics.'”

That’s a nice way of describing it.

From The Conservative Media: More Fake Stupid News

/ Jack Marshall / 62 Comments

Boy I’m tired of falling for this kind of click-bait on the conservative news websites.

“Hillary Clinton Says Supreme Court Nominee Brett Kavanaugh Will Bring Back Slavery” shouted the headline on a story at PJ Media by Tyler O’Neill.  Uh, no, that’s not really what she said. This is; Clinton told the American Federation of Teachers (AFT) at its national convention:

“Let me say a word about the nomination of Judge Kavanaugh to the Supreme Court,”  “This nomination holds out the threat of devastating consequences for workers rights, civil rights, LGBT rights, women’s rights — including those to make our own health decisions. It is a blatant attempt by this administration to shift the balance of the Court for decades and to reverse decades of progress,” the former Democratic presidential nominee declared. I used to worry that they [the Republicans] wanted to turn the clock back to the 1950s. Now I worry they want to turn it back to the 1850s.”

Says O’Neill, maybe with a straight face: “Clinton was clearly suggesting that Trump and Kavanaugh want to return to the days when slavery was legal in the South.”

What hypocrisy. Continue reading →

Morning Ethics Warm-Up, 7/13/2018: Trump And Strzok

/ Jack Marshall / 20 Comments

Good Morning, London!

1. Trump Trump Trump. You know, I was on a political Facebook page in 2016 where an idiot kept posting “Trump Trump Trump” despite everyone, including the moderator, telling him to cut it out. Eventually he was banned from the site. Unfortunately, there is no similarly simple solution to this problem when a combination of the Trump-hostile news media and the President himself forces a variety of ethics issues on me, when I would rather be musing about baseball, old sitcoms, and guys in lobster hats.

  • The pardons. President Trump  pardoned Dwight L. Hammond, now 76, and his son, Steven D. Hammond, 49, a pair of Oregon cattle ranchers who had been serving out five-year sentences for arson on federal land, which had sparked the armed occupation of a wildlife refuge in 2016. Naturally these pardons were attacked, because anything Trump does will be attacked. The resulting conflict brought widespread attention to anger over federal land management in the Western United States,and that’s a good thing. How can the federal government justify owning almost half of Western land?

As for the pardons, both men have served most of their sentences already, and not only were the sentences unusually harsh for their offenses, the cases had the whiff of political prosecutions about them. They were perfectly legitimate objects for Presidential pardons, but then so are hundreds of thousands of other cases. Presidents should issue as many pardons as possible, which means eliminating a lot of the red tape. So far, Trump has sucked the tape by cherry-picking beneficiaries in his own, eccentric, biased way, using his unique, unassailable Constitution-based power to court supporters, celebrities and particular constituencies—not that there’s anything wrong with that, as long as other deserving citizens also get pardoned, and really, all but the most unrepentant, vile and dangerous felons deserve mercy and compassion eventually. Unless the pardon power is used broadly and constantly, its blessings too often depend on who you know. In the case of the ranchers, for example, a large donor to Vice-President Pence lobbied for the pardons. Again, that doesn’t mean the pardons can’t be justified. It does mean the process is skewed by factors not related to justice or fairness.

I found this to be the most ethically intriguing paragraph in the Times story about Pence pal, tycoon Forrest Lucas, and his likely influence on the pardons:

“While other presidents have also gone ahead of Justice officials to pardon apparent allies, they have often waited until their final days in office to do so. Mr. Trump, by comparison, has issued high-profile pardons early and comparatively often — seemingly unconcerned by the appearance of leaning his ears toward those at the top.”

So is Trump being unethical in a more ethical fashion than his predecessors?

  • Bad host, worse guest. The President’s derogatory comments about the British Prime Minister were indefensible, of course. We know how he thinks: Great Britain, as he has said, with justification, has made him feel unwelcome—that insulting “Trump baby” blimp over London is a real diplomatic low—and thus, in Trump’s rudimentary ethics system, akin to that of a lizard, the proper response is tit-for-tat. None of this is unexpected, and nobody who voted for Trump can say that they didn’t give him license to behave this way by electing him.

I do wonder now why I ever thought that he would react to being elected by moderating the very conduct that, in his mind and probably in reality, got him where he is today. My role model for him was President Arthur, who was about as different in character and background from Donald Trump as a human being could be.

I’m an idiot. Continue reading →

Morning Ethics Warm-Up, 7/12/2018: The Cleveland Indians, “On The Waterfront,” And Garza v. Hargan

/ Jack Marshall / 10 Comments

Good Mornin’!

(I know I’ve posted this “Singin’ in the Rain” showstopper more than once, but it makes me happy, so there.)

1. From the Cleveland Indians, a Robert E. Lee moment: As the Cincinnati Reds were threatening, with two outs, the bases loaded and the Indians clinging to a 4-3 lead, Tribe manager Terry Francona wanted to bring in left-hander Oliver Perez to face left-handed Reds slugger Joey Votto , the book move, a classic left on left matchup.  But pitching coach Carl Willis thought he heard Francona tell him to summon right-hander Dan Otero.“He thought I said O.T.,” Francona said, using Otero’s nickname. “I said O.P.” With the advantage of facing a right-handed pitcher (most lefties hit righties better) Votto promptly hit a three-run double off Otero, giving the Reds a 6-4 lead.

Even though it would have made no sense for Francona to ask for Otero, the manager emulated Robert E. Lee’s fine leadership moment, meeting with his battered troops after they were shot to pieces in Pickett’s Charge and telling them, “It was all my fault.” “It falls on me,” he told the press. “I actually talked to the team and told them that I thought I messed up.”

Some wags have suggested that the decline of creative baseball player nicknames was really at fault. If Francona had called for Vinegar Bend, The Big Train, , The Monster or “Death to Flying Things,” nobody would have been confused.

2. Forget the dishonest narrative and spin: here’s what really happened in Garza v. Hargan: No, Judge Brett Kavanaugh, President Trump’s eminently qualified nominee to fill retiring Justice Kennedy’s seat on the Supreme Court, did not try to block an illegal immigrant teen from having an abortion, as the desperate fear-mongering Democrats are claiming. 

In October 2017,  the ACLU filed suit against the Trump administration on behalf of “Jane Doe,” a pregnant teen from Cnetral America who had been arrested while entering the country illegally. Through  her guardian, Rochelle Garza, “Doe” sought release from the federal shelter where she was being detained to obtain an abortion. Eric Hargan, the acting secretary of the Department of Health and Human Services at the time, took the position that the government   had no obligation to facilitate Doe’s abortion.  She had the option of returning to her native country—where she belonged anyway— or being released to a sponsor. A federal trial judge ruled for Doe and the abortion, saying that the government’s refusal to release a minor from custody constituted an “undue burden” on Doe’s constitutional right to an abortion. HHS appealed to the D.C. Circuit, and on appeal, Judge Kavanaugh authored the majority opinion that reversed the lower court’s decision. Here is the crux of the opinion: Continue reading →

Ethics Hero: Black Swan Books Owner Nick Cooke

/ Jack Marshall / 12 Comments

The “A Nation of Assholes” scenario is in full sway when an entire side of the ideological divide attacks the owner of a public accommodation for insisting that his customers are not harassed and abused. That is a fair description of the fall-out from the recent episode at Richmond’s Black Swan Books, where the owner behaved like the owner of the Red Hen restaurant should have behaved: like an American, like a supporter of diversity of view, like a believer in our political system, like a foe of bias and discrimination.

From the Richmond Times-Dispatch:

Nick Cooke, owner of Black Swan Books on West Main Street in the Fan District, said Bannon was in the bookstore Saturday afternoon and that a woman confronted him, calling him a “piece of trash.” Cooke said he called 911 and that the woman left as he made the call.

“Steve Bannon was simply standing, looking at books, minding his own business. I asked her to leave, and she wouldn’t. And I said, ‘I’m going to call the police if you don’t,’ and I went to call the police and she left,” Cooke said. “And that’s the end of the story.”

The Richmond Police Department confirmed a call was made around 3:15 p.m. Saturday for a report of someone yelling at a political figure in the bookstore and that the call was canceled before any officers responded.

“We are a bookshop. Bookshops are all about ideas and tolerating different opinions and not about verbally assaulting somebody, which is what was happening,” Cooke said.

But it was not the end of the story, because so many Democrats and progressives have taken a dangerous turn to totalitarianism and the tactics of  Lenin and the Nazi Party, seeking to harass and abuse those with whom they disagree. The antifa is no longer on the far fringes of the Left: it is creeping toward the center, or perhaps the better metaphor is that the Left is creeping toward it, and I do mean creep. These are awful people, as I’ve said before. Not because of their beliefs, but because of their conduct. Unable to produce the political dominance that they thought had been assured with the election of Barack Obama, frustrated progressives are increasingly abandoning the values and processes of a constitutional democracy to resort to political and social warfare. The attempt to exclude conservatives and Republicans from the basic rights of citizenship, such as being able to walk down a street, shop, or have dinner without being accosted and hectored, represents an escalation, and is signature significance for an ideological movement that has forsworn ethics for the pursuit of power.

( And yes, I personally think Steve Bannon is also an awful person. As is President Trump. As are Maxine Waters, Chuck Schumer, Mitch McConnell, Joy Reid, Michael Cohen, Charles M. Blow, Barry Bonds, Stephen Colbert, Howard Stern, Joe Arpaio, Omarosa, Anthony Scaramucci, Harry Reid, Scott Pruitt, Bill Clinton and Hillary Clinton. There are many millions of arguably awful people, all well short of being criminals, in this country, and every one of them has the right to live his or her life unmolested when they are not being overtly awful. Any political party that takes the position that this statement is not true should be disqualified from holding power.)

Speaking of awful people, Philippe Reines, a top aide in Hillary Clinton’s Presidential campaign, tweeted out the contact information for the bookstore on Sunday afternoon, in effect doxxing her and siccing the social media mob and the Maxine Waters Brigade on the book store and its owner. Typical of the illogic employed by the self-righteous harassers was this tweet:

Woman: Steve Bannon, you’re a piece of trash!

Bookstore Owner: We are a bookstore! We tolerate different ideas!

Also Bookstore Owner: *calls police on woman to have her removed because she expressed her different ideas*

No, you lying moron, the owner called the police because the woman was harassing his customers.  Presumably Nick would have called the police on Bannon if the former Trump aide had been harassing her.

Black Swan Books  is the anti-Old Town Sport&Health Club, which I wrote about as an Ethics Dunce here.

In that 2017 fiasco, a Georgetown professor named Fair, ironically enough, harassed white nationalist Richard Spencer while he was quietly working out, no Heil! gestures or anything, and the club revoked his membership.

(Remember: awful people. Do NOT let them get power.)

I wrote—and I’m sorry for such a long self-quote, but I think I wrote it well the first time:

I’m so weary of reading about restaurants that give discounts to diners who pray, and bar owners who declare that no Democrats are welcome and Maine propane dealers who tell their customers that they can freeze to death if they voted for Donald Trump. I’m tired of pointing out what should be obvious to everyone in a pluralistic society, but suddenly isn’t, particularly, it seems, to proto-totalitarians like the Georgetown professor, who is doubtless hard at work indoctrinating her young charges into believing that those with non-conforming views should have their rights taken away for the greater good. I detest Spencer’s views, but I consider Fair and her kind the far greater threat to the nation, in part because there are so many of them.

Why? She is a greater threat because her version of society doesn’t work, and soon devolves into armed camps. As I wrote in a post called, “Americans: End This Slippery Slope Now, Before It’s Too Late,” about a Washington, D.C. restaurant that publicly apologized for letting an alt-right group to eat there,

I know, I know: Neo-Nazis are really bad. Yet I don’t want my freedom to participate in life and society to be limited by someone else’s judgments about my beliefs or politics. Listen to the rhetoric from angry Clinton supporters since the election. If you want to enforce immigration laws, you hate Latinos. If you think the unborn deserve rights, you are a misogynist. If you voted for Trump, you are a blight on humanity. Thanks to the rhetoric of Black Lives Matters and the tacit approval of some well-placed politicians, police officers have been refused service in various establishments… The argument that this group or that group is special and doesn’t deserve the same courtesy and service as other groups is simply a rationalization born of bias, like… the position that the Vice President Elect, alone among all the millions of audience members who are allowed to attend theatrical performances as part of the community, ought to be subjected to personal harassment based on his political beliefs.

If we, as a culture,  approve of this abusive treatment of the alt-right, then we are approving similar treatment when the group being discriminated against is the Democratic Party, the ACLU, a mosque, the Shriners, the Boy Scouts, NARAL, or a newspaper editorial board. Rights mean nothing if the most unpopular, most controversial, most offensive individuals and organizations cannot exercise them….This is a slippery slope that leads right to the end of the principles and liberties that make the United States an ethical nation, and perhaps a nation at all.

Well, since I wrote that, self-righteous, proto-totalitarian progressives and “the resistance” have been greasing that slippery slope.

The Richmond bookstore owner’s effort isn’t enough by itself, but at least he demonstrated how to throw sand on it.

 

 

More From The SCOTUS Nomination Freakout—Unethical Quote Of The Week: Senator Edward Kennedy (D-Mass.)

/ Jack Marshall / 27 Comments

“Robert Bork’s America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens’ doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists would be censored at the whim of government, and the doors of the federal courts would be shut on the fingers of millions of citizens for whom the judiciary is often the only protector of the individual rights that are the heart of our democracy.

America is a better and freer nation than Robert Bork thinks. Yet in the current delicate balance of the Supreme Court, his rigid ideology will tip the scales of justice against the kind of country America is and ought to be.

The damage that President Reagan will do through this nomination, if it is not rejected by the Senate, could live on far beyond the end of his presidential term. President Reagan is still our President. But he should not be able to reach out from the muck of Irangate, reach into the muck of Watergate, and impose his reactionary vision of the Constitution on the Supreme Court and on the next generation of Americans. No justice would be better than this injustice.”

—From Senator Ted Kennedy’s speech on the Senate Floor on July 1, 1987, in response to President Reagan’s nomination of Robert Bork to the Supreme Court

Kennedy’s outrageously unfair, vicious, and hyperbolic attack on Robert Bork, then one of the most respected jurists in the country, “worked,” in the sense that it catalyzed an unprecedented assault on a Presidential nominee who was not merely qualified but spectacularly qualified for a seat on the Court, shattering all previous norms and traditions regarding the confirmation of Justices by the Senate. It would not be inaccurate to mark Kennedy’s speech as the beginning of demonization as a standard tactic in mainstream politics, in which the mere fact of being liberal or conservative justifies the characterization of an individual or a group sinister or evil. (See: Southern Poverty Law Center) In hindsight, Kennedy’s rhetorical excess was eventually acknowledged on all sides of the political spectrum to be a false characterization of Bork as a judge and as a human being, though Kennedy, as far as I know, never apologized for it….but then he never apologized for a lot of things. Continue reading →