Law & Law Enforcement

Comment of the Day: “Interestingly, Being an Idiot Does Not, In The Eyes Of The Florida Bar, Make One Unfit To Practice Law”

/ Jack Marshall / 1 Comment

This Comment of the Day from the stellar Harkins household—this is from Ryan Harkins–was just posted three days ago and it seems like eons. It responds to another one of my arguments that sufficient demonstrations of stupidity by lawyers even outside the practice of law should be grounds for disbarment—a suspension isn’t enough, because such a lawyer will not become smarter after a professional “time out.” I think the first time I suggested this reform to legal discipline was when “The View’s” token lawyer, racist Sunny Hostin, suggested that eclipses and earthquakes were caused by climate change. It upsets me just think about the fact that this idiot has a law degree.

Here is Ryan’s Comment of the Day on the post, “Interestingly, Being an Idiot Does Not, In The Eyes Of The Florida Bar, Make One Unfit To Practice Law”…

***

A basic and important rule of gun safety, perhaps the preeminent rule, is that you should never point a gun at anything you don’t intend to shoot. Playing around with a gun in the fashion that Medina did shows a disturbing lack of gun safety in particular, but of the principal normalization of deviance in particular.

To delve into a little bit of brain science, in following the cognitive-emotive-behavioral model, we start with a desire. Perhaps in Medina’s case, it was simply to have fun. But how would he possibly conclude pulling the trigger of an unloaded gun is fun?

There are a large variety of ways we can try to satisfy our desires. In the case of hunger, we could seek satiation from a myriad of venues. In the case seeking stress relief, we could seek out a movie, a game, exercise, or any of a host of other options. But there are options we can choose from that are unhealthy, dangerous, or even illegal. When presented with all these options, our brains experience a byplay between thought and feeling. Does this option satisfy? The emotions clamor for a particular avenue, and cognition weighs the risks and benefits. If I eat a salad, I might not feel satiated, but if I eat a Hardee’s Monster Burger, I’ll be consuming far too many calories. But the salad may not be very tasty, and the Monster Burger is delicious. Whichever way I choose, my brain will record the success or failure of the endeavor, and the next time I am hungry, I will have a precedent to fall back on. They byplay between cognition and emotion in subsequent encounters proceeds much more quickly. The Monster Burger was indeed delicious, filled me up, and I didn’t seem to suffer any negative consequences. So the next time, my brain is patterned to lean toward the Monster Burger because of the positive experience.

Continue reading →

Impoundment and Other Confounding Obstacles To Government Fiscal Responsibility

/ Jack Marshall / 7 Comments

Guest Post

By Chris Marschner

Some of our elected leaders would like people to believe that the 2+ million workers are doing yeoman’s work keeping our nation secure and running like a well-oiled machine.  They will suggest to you that only federal workers have access to sensitive data like your personal information.  That is misrepresenting who can get access to your data.

The government uses numerous private contractors to perform all types of specialized services.  Essential IT work such as systems engineering, data security, software development and other user support functions are handled by an array of prime contractors and their sub-contractors.  To do this work, the contractor must be able to access private data.   While some aspects do not require being able to sort through individual records others do.  Software engineers must have the ability to parse records to create templates and test and debug systems.  

Below are a few of these contractors whose employees are not federal employees.   The point I am making is not that these organizations should not be in a position to access private records. The point is that this access happens every day in agencies managed by the Executive branch, whichoversees the agencies that issue contracts to carry out mission-critical services.   

To hear Congress bemoan the fact that the DOGE team is somehow unlawful or illegitimate because they are not federal employees is laughable, and it is also misinformation.  The person responsible for ensuring that the agencies are carrying out the policies laid out by the President through his Cabinet Secretaries is ultimately the President.  As Harry Truman said, “The Buck Stops Here,” “here” being The White House.  

Continue reading →

Guest Post: ‘We’ve Been Trying To Reach You About Your Car’s Extended Warranty…’

/ Jack Marshall / 5 Comments

by WallPhone

[From your host: This is an epic post about something I know absolutely nothing about, except that I received the calls and marketing materials Wall Phone is writing about—JM]

***

“Well, not that. Actually, I have been trying to reach you about the Telephone Consumer Protection Act, TCPA for short. If you’re reading this, someone connected to your company, someone who cares about your company, and someone who cares about their career and livelihood, has been told that your company is violating at least one provision of this Federal law.

“If you don’t listen to them, it would be prudent of them to begin looking for another job. They shouldn’t want to go down with your ship. If they need to maintain some kind of licensure, they also don’t want to lose their credentials for whatever wrongdoing was going on that got them in contact with the person who gave them this webpage.“

Have you ever wondered why those auto warranty calls stopped? It’s because the government has fined the people connected to that advertising campaign more than six and a half million dollars. The fine came with a lifetime ban on any form of telemarketing. What would happen to your company if this kind of fine and ban were to be imposed on you?

“But we don’t make outgoing calls, let alone robocalls!”

And yet you have appeared to have done so. What you thought was a prospective customer told you about this page because they want you to stop harassing them.

“But our company is not harassing them!”

And yet you have appeared to be doing so. And worse, much worse, you appear to have been doing this for years.

“Years?”

Yes.

“But we only recently adopted this marketing partner/strategy!”

And you had better stop. Yesterday. Hopefully your contract has some sort of an enforceable indemnification clause that MIGHT protect you, but it probably won’t. If your marketing agreement does have such a clause, its actual purpose is to pacify any possible reservations at the signing stage of your marketing agreement with them, not the actual true purpose of these contractual things–to avoid the creation of moral hazard.

“Moral hazard” is explained below if you’re not familiar with that term. It’s high time you were.

The reason this indemnification clause on your contract won’t help you is the telemarketing company will be gone when the time comes that you’ll need it. They are betting that by the time it takes for you to figure out that you need to use indemnification, it will be too late. This page is here to help you figure it out sooner, help you recover as much as possible, and make their scam less profitable.

You need to—as soon as possible!—FIRST ask your bank how many of the past payments you made to your marketing partner that you can reverse, THEN ask the marketing partner for refunds. If you think you handling this business with them politely will work, then you have already lost. They will transfer all funds out of their accounts. They will disappear. You’ll lose more than if you IMMEDIATELY reverse as many payments as you can, because they’re not operating in good faith and they’re not intending to refund anything.

You are the victim of a scam. Victim of a crime. It’s literally an organized crime syndicate you are dealing with and they hav done this before, perhaps dozens of times before. They’re counting on you being polite and patient so they have time to disappear, whitewash a new business name on their operations, then start over. They don’t care that they destroyed your agency or business, they have thousands of other prospects they can milk this scam on. They have been doing this for years.

“But why do you want to help my company?”

Continue reading →

A “Nah, There’s No Deep State!” Spectacular: The Hidden JFK Assassination Files

/ Jack Marshall / 4 Comments

I have spent far too much time over the course of my life reading and thinking about the Lincoln assassination and the various conspiracy theories surrounding it. It was not until 1983 that I found a single source that attempted to explain why there is so much uncertainty surrounding Honest Abe’s death in a book I bought at The Smithsonian, “The Lincoln Murder Conspiracies.” There has always been trivia game of collecting the “amazing” parallels between the Lincoln assassination and the death of President Kennedy in Dallas in 1962, but one parallel is undeniable: government incompetence, inefficiency, bureaucratic stubbornness and deliberate defiance of law created the fertile soil for conspiracy theories to thrive regarding both events.

In part propelled by his “Odd Couple” ally Robert Kennedy, Jr., President Trump has ordered all of the information, papers and materials related to JFK’s assassination released: after all, it’s only been 61 years since Lee Harvey Oswald sent a bullet through his brain. That release still hasn’t happened, and if past experience holds, it won’t this time either.

The FBI just discovered about 2,400 records tied to President Kennedy’s assassination that were never provided to the Warren Commission or a later board charged with determining once and for all why Kennedy was killed and who was responsible. The records were discovered among the 14,000 pages of documents the FBI found when they undertook to obey Trump’s order, which I’m sure some of my Trump-Deranged Facebook friends will claim is illegal. (If Trump does it and it undermines progressive power, it is illegal by definition.)

Continue reading →

Now THIS Guy Might Have a Good Reason to Try “The Pazuzu Excuse”…

/ Jack Marshall / Leave a comment

I couldn’t pass up posting on this story.

As regular EA readers know, individuals, especially celebrities and elected officials, are found guilty here of resorting to the Pazuzu Excuse, named after that potty-mouthed demon who possessed poor Regan (Linda Blair) in “The Exorcist,” when they attempt to avoid accountability for their own words or behavior by saying, usually in a groveled apology, “That wasn’t the real me! I’ve never believed in saying/doing such horrible things!”

The incident of interest occurred on November 21, 2024. As he participated in a tour of the relic of St. Jude’s at the Queen of Apostles parish in Joliet, Illinois, Catholic priest Carlos Martins, the co-host of “The Exorcist Files” podcast, began behaving…. strangely. Father Martins “grabbed the hair” of a 13-year-old girl, placed it “in his mouth” and used it in a “flossing motion,” according to the criminal complaint. Then he sat behind the teenager girl and started “growling.” That’s Father Martins with his friends above.

His conduct prompted the immediate suspension of the tour, and police were summoned. The Diocese of Joliet staff confronted the priest and told him that “he must depart from our parish and out of our Diocese.” “In an abundance of caution, the veneration of the relic and evening mass were canceled,” the diocese said in a release.

That seems prudent.

Martins was processed by the Joliet Police Department, arraigned, and released awaiting his pretrial hearing. The Companions of the Cross, the religious order that Treasures of the Church is affiliates with, said Martins has agreed to withdraw from his pastoral duties in the wake of the allegations against him.

“He remains entitled to due process, as is any accused,” the church said. “The Companions of the Cross look upon allegations of misconduct as an urgent matter that requires serious attention. We pray for all those who are affected by this painful situation.” The Archdiocese of Detroit now lists Father Martins as “Ministry revoked.”

To be fair, Martins’ associates said that he has always been obsessive about flossing. All right, I made that part up. Sorry.

The attorney representing Martins, Marcella Burke, denied the accusations against her client, telling reporters, “Your mothers suck cocks in Hell!” and adding, “Why you do this to me, Dimmy?”

Okay, I was just kidding about those quotes too. What she really said was,”He did not put anyone’s hair in his mouth, let alone ‘floss’ with a student’s hair or ‘growl’ among other completely false and repulsive accusations. This remains a takedown of a good priest and an attempted shakedown of the Church.”

What’s going on here? I have absolutely no idea. I will opine that it must violate some code of ethics for an exorcist to growl at a teenage girl in church.

Today’s Sad and Desperate Argument From a Facebook Friend Who Once Was Too Smart To Post Something This Stupid…

/ Jack Marshall / 10 Comments

Unbelievable.

That idiocy was posted by a lawyer, former law dean and law professor. How is this possible?

It is like saying that if you believe the French Revolution was a human and political disaster, you should have to explain why you object to each section of “Liberté, Égalité, Fraternité.” It is like saying that it’s a cop-out to claim that “From the river to the sea, Palestine will be Free” is a hateful call for the eradication of Israel, unless you explain: “What’s so bad about starting at the river? What’s so wrong about going to the seashore? What do you find so objectionable about freedom?”

Whoever thinks this meme is a devastating rebuttal of opposition to DEI as a social, employment, and organizational policy doesn’t comprehend a foundational principle of language, which is that words in particular contexts and combinations often mean something entirely different from what the words mean individually and in a vacuum.

Sure, diversity can be nice, but not as an enforced value, and not in every context. I don’t see anyone advocating more racially diverse NBA teams, for example. Most of the time diversity isn’t even an ethical value, just a feature that may or may not have benefits to a group. Equity, the only concept of the three that I see on my wall as one of the ethical values, means fairness. But fairness is extremely subjective, making it one of the more tricky ethical values, and when it is used as it is used in the context of the DEI Division of The Great Stupid, what it means is “equal outcomes for all.” That is Marxist Cloud Cuckoo Land garbage. Life doesn’t, shouldn’t and can’t work like that. There are winners and losers; enterprise, talent, diligence, intelligence and skill matters, as well as luck. Trying to fight that fact of existence is a fool’s errand, or, more often a con artist’s scam.

“Inclusion” is the weird one: what it means in context of the DEI movement is that all exclusion is malign and sinister, the result of deliberate discrimination on the basis of invidious factors. False.

Continue reading →

Call Me Soft On Crime, But Revoking Probation For Assault-By-Sandwich Seems Unfair Somehow

/ Jack Marshall / 8 Comments

Public Service Announcement: Before we start, I want to establish and Ethics Alarms rule: the word is baloney, not “bologna” when I’m around. I’ve never understood why that archaic spelling has persisted.

Oquavious Chandler, a 29-year-old convicted felon, was arrested last week after his stepfather reported him for assault. The alleges victim told police that he had removed a PlayStation system from Chandler’s bedroom because he “was being too loud.” Chandler shouted at his stepfather and “threw a baloney sandwich at him, which ultimately hit him in the center of his chest.”

Continue reading →

Let’s Thank Ex-Senator Menendez for Giving Us Such A Valuable Review Of Rationalizations At His Sentencing

/ Jack Marshall / 6 Comments

I find miscreants and wrong-doers who whine, grovel and weep as they face the just consequences of their crimes particularly despicable. Give me the defiant, unapologetic variety, like Ruth in “Ozark,” who when looking down the barrel of a pistol wielded by the mother of a cartel leader she had assassinated, says, “I’m not sorry. Your son was a murdering bitch, and now I know where he got it from.” As the woman aims the gun at her heart and pauses, Ruth shouts “Well, are you going to fucking do this shit or not?”

Bang.

Yesterday a sobbing Robert Menendez begged the court for mercy after being found incredibly guilty of accepting bribes from foreign governments and businessmen in exchange for cash, gold bars and a Mercedes-Benz convertible among other riches. He was sentenced to 11 years in prison for selling out his Senate office to enrich himself. The New Jersey Democrat and former head of the Senate Foreign Relations Committee wept as he argued, “Your honor, I am far from a perfect man. I have made more than my share of mistakes and bad decisions. I’ve done far more good than bad. I ask you, your honor, to judge me in that context.” Let’s see, that’s…

Continue reading →

Sanctuary! Well, Not So Much…

/ Jack Marshall / 21 Comments

It is mordantly amusing to listen to progressives on MSNBC bemoan the incursion of ICE into the “sanctuary” of churches attempting to extend their invisible force field around illegal immigrants. These are the same people who have shown no respect or reverence for Americans who assert their religious beliefs regarding, to take one infamous example, compelled speech.

In the case of church sanctuary, they are oh, a couple centuries behind the times. Allowing a church to harbor criminals and others sought by the state is a tradition that goes back to Roman times, and here and there it has been bolstered by the law. Not here and now however. The tradition makes no sense in modern times, and if churches have no legal grounds to protect lawbreakers, the claims of so-called sanctuary cities and states are weaker still.

The political and ideological Left has dashed itself on the rocks of illegal immigration, and based on some of the talking head nonsense I saw on MSNBC and CNN today, they are still dashing. When they are not crying “Think of the children!” (Note: law-breaking parents who put their children in untenable positions by their parents’ conduct are 100% accountable for those children’s plight) the apologists for illegal border-crossers are asserting that they are “human beings” and deserve to “have their humanity respected and recognized.” That’s fine: nobody denies that they are human beings. They are also human beings who do not belong in the United States.

This, for some strange reason, seems difficult for some progressives and Axis hacks to grasp. One of the two women I saw rending their garments over the Trump deportation policy, stuttered, babbled, shrugged, sighed and finally said, “I just can’t believe that this is happening! It’s so cruel!” Her partner in absurd “Good Illegal Immigrant” rhetoric nodded and agreed that deporting illegal immigrants who weren’t violent criminals is a violation of human rights.

There is apparently, according to these revolutionaries, a human right to live anywhere you want to. This is pure “Imagine-ism,” probably caused by hearing John Lennon’s fatuous paean to brainless utopianism one time too many. Both women also bemoaned the “collateral damage” of deportations. All law enforcement has “collateral damage” to families and others who depend on the law-breakers. That is a reason not to break laws, not to stop enforcing them.

***

Bonus cultural literacy quiz: Who is that lovely young actress playing Esmeralda in that clip from “The Hunchback of Notre Dame”? No cheating, now: this is an ethics blog…

Fake Ethics Hero: Pamela Hemphill, A.K.A. “MAGA Granny”

/ Jack Marshall / 2 Comments

Does anyone say “Color me X” any more? Oh hell, I don’t care: Color me unimpressed with “MAGA Granny” rejecting her pardon from President Trump for her role in the January 6 Capitol riot that was the worst thing to happen to the United States since 9-11. Or Pearl Harbor. Or the Civil War.

She’s the retired 72-year-old drug and alcohol counselor from Boise, Idaho who pleaded guilty in January 2022 to a misdemeanor for entering the Capitol during the riot and was sentenced to 60 days in prison and three years of probation. She was one of those “rioters” who was basically walking around. The Axis media is singing her praises because she announced that she says won’t accept the pardon.

Hemphill said in an interview this week that she was turning President Trump’s gift down. “It’s an insult to the Capitol Police, to the rule of law and to the nation,” she said. “If I accept a pardon, I’m continuing their propaganda, their gaslighting and all their falsehoods they’re putting out there about Jan. 6.” She now says she doesn’t support Trump or (in the words of the New York Times) “believes his lie that the 2020 election was stolen.” (For the thousandth time, that is not a lie but an opinion that cannot be proven or disproven). A therapist had helped her change her view of the episode, you see. Now she realizes, she says, that the “Stop the Steal” movement. “was a cult, and I was in a cult.”

Winston Smith knows just how she feels.

I wonder if that therapist put a cage of hungry rats on her face to prompt Pam’s epiphany?

Continue reading →