Law & Law Enforcement

Presenting: The Reverse Hanlon’s Razor, “Nalnah’s Razor” [UPDATED]

/ Jack Marshall / 42 Comments

Sometimes you have to presume malice.

In item #1 of the March 11 Warm-Up, I wrote about Steve Bannon’s intentionally-misread statement to French nationalists, saying in part,

 “…What Bannon was obviously saying —and I do mean obviously—is “Don’t let their reflex race-baiting and demonizing tactics discourage you or deter you. Calling sensible immigration laws “xenophobic” is a desperate lie. Calling it racist is a lie. Calling it nativist is a lie. Recognize that their tactics mean you are winning the argument. Be proud, not intimidated.”

My friend, frequent critic and former Ethics Alarms blogger of the year Windypundit responded,

“It’s not a lie, it’s an opinion. An opinion that Bannon and his supporters and you are free to reject. But still an opinion.”

This gave me pause.

If it is an opinion, it is a really stupid opinion. If one wants to argue that immigration laws are xenophobic, racist or nativist, then fine: make the case. The case can’t be made, of course. Borderless nations are not nations. From the collapse of the Roman Empire, to the white European take-over of North America, to the cultural upheavals and violence facing Europe now, history’s lessons are not ambiguous. A nation that does not protect its sovereignty and manage its population and demographics is doomed. Not knowing this is ignorant. Not comprehending it is stupid. Publicly denying it for political gain is dishonest.

Hanlon’s Razor is typically quoted as, “Never attribute to malice that which is adequately explained by stupidity.” Should the razor be applied to the Left’s increasingly shrill and repetitive catcalls that those wanting to enforce the laws against illegal immigration are doing so because they are xenophobic, racist, and nativist?

No, it shouldn’t, because those promoting the use of those terms are not stupid nor ignorant. They are cynical, and they are using the fallacy of the appeal to emotion while wielding the cognitive dissonance scale unethically. Set up the proponents of the rule of law as universal negatives like racists, xenophobes and nativists—bigots, in other words, and whatever they oppose rises on the scale, and whatever they embrace falls. The labeling, however, is false, and intentionally so. Immigration law, the rule of law, borders and sovereignty have nothing to do with racism, xenophobia, or nativism. They are all independent, well-established aspects of responsible governance. Absent more, accusing advocates of these basic tools of being motivated by bigotry is indefensible, and inexplicable absent stupidity, ignorance, or malice. Continue reading →

Comment Of The Day: “The Desperate ‘Gunsplaining’ Dodge”

/ Jack Marshall / 5 Comments

“Saying you need to understand gun terminology to have opinions on gun policy is the equivalent of saying you need to understand the biology of a heroin overdose to have an opinion on the drug war.”

Thus went the jaw-on-the-floor stupid tweet of Zack Beauchamp, a senior report at Vox. I had written a post about the ridiculous “gunsplaining” article in the Washington Post, and foolishly assumed that even anti-gun fanatics would be embarrassed to endorse the view expressed there that those arguing for material changes in public policy should be required to understand the object of that policy. Then came Zack’s tweet.

Admittedly, and to be fair, Twitter makes people stupid. We have documented the sad Twitter-feuled decline of Harvard Law School icon Larry Tribe, and new victims of Twitter brain-suck suface every day.  Bill Kristol once had a rather impressive brain, for example; look what he tweeted last week:

Wow. What a terrible, and ahistorical, analogy.  The Texans at the Alamo were fighting in a war to secede from Mexico. Santa Anna was an authoritarian all right, but to Texans he was being authoritarian in the same way Lincoln was when he used forcet to keep the South from leaving. Mexico was hardly “nativist”: it invited Americans to settle the territory, and their arrival was completely legal. Indeed, Texas is a great example of what can happen when a country doesn’t control immigration at all.  Twitter makes you stupid, and bias makes you even more stupid. Add anti-Trump bias to Twitter and you get Bill Kristol sounding like Maxine Waters.

Zach liked Kristol’s bad analogy too!

The fact that Vox employs a senior reporter whose critical thinking skills are so poor and whose judgment is so wretched that he happily displays them on social media is instructive regarding the influence new media commentators like Vox wield. Thus I was grateful for this Comment of the Day, by Michael West, on the post, The Desperate “Gunsplaining” Dodge’: Continue reading →

Saturday Night Ethics Update, 3/10/2018: 16-Year-Olds And The NRA

/ Jack Marshall / 19 Comments

Good evening.

(The combination of an early morning seminar, a $^%%#! D.C. marathon that closed down access to the venue, and a lost power cord rendering my netbook useless conspired to prevent both late posts yesterday and early ones today: I’m sorry. I’m back at my desk, chagrined but unbowed…)

1 Why not 10? Why not 2? Poor, declining, Twitter-addict Lawrence Tribe’s ridiculous claim that the voting age should be lowered to 16 was so self-evidently silly that I assumed no one serious would adopt it.  But, as H. L. Mencken kind of said,  “No one ever went broke underestimating the intelligence of the American public,”  and as I’ll say now, nobody can underestimate the level of irresponsible proposals that anti-gun zealots will float in their desperation to gut the Second Amendment.

Last week, Temple University’s Laurence Steinberg, a professor of psychology, issued a Times op-ed arguing for Tribe’s new voters, ignoring his own profession’s conclusions that children that young, in addition to not being, you know, adults, also have not mastered stable reasoning ability because their brains are not fully formed. Never mind, says the prof:

“The last time the United States lowered the federal voting age was in 1971, when it went from 21 to 18. In that instance, the main motivating force was outrage over the fact that 18-year-olds could be sent to fight in Vietnam but could not vote. The proposal to lower the voting age to 16 is motivated by today’s outrage that those most vulnerable to school shootings have no say in how such atrocities are best prevented. Let’s give those young people more than just their voices to make a change.”

Wow, what a well-reasoned argument! I can”t wait for the proposal to lower the voting age to minus-eight months out of outrage that those most vulnerable to abortions have no say in how such atrocities are best prevented. Yes, it’s true: the anti-gun Left is willing to follow President Trump with President Kendall Jenner, as long as we let the government and police have all the guns.

Maybe Temple psychologists and lapsed Harvard Law professors should lose the vote, since they apparently can’t reason above the level of 16-year-olds. Continue reading →

Now THIS Is An Unethical Judge!

/ Jack Marshall / 13 Comments

I don’t know what’s happening to judges’ judgment  lately, but it’s not good.

Texas State District Judge George Gallagher was annoyed by defendant Terry Lee Morris’s refusal to answer his questions and making various statements himself, so he ordered that Morris have a stun belt strapped around his legs. From the Appeals Court opinion:

“Mr. Morris, I am giving you one warning,” Gallagher told Morris outside the presence of the jury. “You will not make any additional outbursts like that, because two things will happen. Number 1, I will either remove you from the courtroom or I will use the shock belt on you.”

“All right, sir,” Morris said.

The judge continued: “Now, are you going to follow the rules?”

“Sir, I’ve asked you to recuse yourself,” said Morris.

Gallagher asked again: “Are you going to follow the rules?”

“I have a lawsuit pending against you,” responded Morris.

“Hit him,” Gallagher said to the bailiff.

The bailiff pressed the button that shocks Morris, and then Gallagher asked him again whether he is going to behave. Morris told Gallagher he had a history of mental illness.

“Hit him again,” the judge ordered.

Morris protested that he was being “tortured” just for seeking the recusal.

Gallagher asked the bailiff, “Would you hit him again?”

Each “hit” sent an eight-second, 50,000-volt shock into Morris. Judge Gallagher had Morris shocked three times. It terrified Morris sufficiently that he didn’t return for the remainder of his trial and missed almost all of his sentencing hearing. Continue reading →

The Desperate “Gunsplaining” Dodge

/ Jack Marshall / 63 Comments

The latest tactic of the anti-gun Left is especially bizarre, but it nicely exposes the desperation and the essential dishonesty of the Parkland shooting extension of the Sandy Hook Ethics Train Wreck, which started its long journey of ethics carnage when gun control advocates decided to jettison fair and civil debate as well as any mooring to reality in exchange for demonizing, emotionalism, and hysteria.

In an op-ed in the Washington Post, gun-opponent Adam Weinstein accused pro-Second Amendment defenders and of bullying and deflection by what he called “gunsplaining.” The term was originally coined by Cosmopolitan four days before the massacre at Marjory Stoneman Douglas High School, though Cosmo’s version was that “gunsplaining” is just a sub-set of “mansplaining,” where men, the theory goes, inherently condescend to women by pointing out when they are wrong about anything. Weinstien’s version was a different, and even more foolish, a rationalization for ignorance:

“While debating the merits of various gun control proposals, Second Amendment enthusiasts often diminish, or outright dismiss their views if they use imprecise firearms terminology. Perhaps someone tweets about “assault-style” weapons, only to be told that there’s no such thing. Maybe they’re reprimanded that an AR-15 is neither an assault rifle nor “high-powered.” Or they say something about “machine guns” when they really mean semiautomatic rifles. Or they get sucked into an hours-long Facebook exchange over the difference between the terms clip and magazine.”

The Horror. In fact, what Weinstein is complaining about is that mean old gun-ownership supporters point out when a knee-jerk, emotion-filled gun control advocate obviously doesn’t know what he (or she!!!,Cosmo) doesn’t know what the hell they are talking about. Note the Post’s Eric Wemple, in the tweet above, calls this a “bad faith” tactic. It’s funny: pointing out that an opponent is full of malarkey has always been  a valid debate tactic before, and for good reason. It means that that an advocate’s position is based on ignorance and laziness rather than sound research and facts. Why is this suddenly  bad faith. “bullying” and below-the-belt tactics now?

The reason is that the anti-gun Left has bet all its chips on the power of children claiming moral authority  to finally lead the anti-gun army to victory over the Second Amendment, and those children wield passion and anger but little else. Despite proclaiming themselves as “experts” on gun policy, as David Hogg recently did on Bill Maher’s “Real Time,” their expertise extends only as far as “Guns Bad!” Thus the “gunsplaining” dodge: who ever said you actually need to know what you’re talking about to be a respectable advocate? Continue reading →

Tales Of The King’s Pass: The Rainmakers

/ Jack Marshall / 21 Comments

Are you also an asshole? Because if you’re enough of a rainmaker, you can be as big an asshole as you want!!!!

Wow. You don’t get much more cynical than this.

Here’ s Karen Kaplowitz, the founder of The New Ellis Group, and a business development strategist and coach for over 20 years, essentially denying the existence of ethics and integrity in law firms as a business necessity.  In a piece on the ABA Journal titled Abuse of power within law firms: The rainmaker dilemma, she begins,

Despite their obvious economic value to their organizations, Bill O’Reilly, Matt Lauer and Harvey Weinstein were quickly sacked. Law firms by contrast have often tolerated bad actors who are major rainmakers. Can law firms tolerate abusive rainmakers in the current business climate? Do firms need to be more aggressive about confronting abuses of power?

Can they tolerate abusive rainmakers, in this or any other business climate? Sure they can. Should they? Absolutely not. “Do firms need to be more aggressive about confronting abuses of power?” What? Does this question have to be asked?

Kaplowitz goes on..
Continue reading →

Morning Ethics Round-Up, 3/5/2018: An Oscar Hangover, A Panamanian Mess, An Australian Play, And A 7-11 Moment

/ Jack Marshall / 60 Comments

Hello!

1 Let’s get the Oscars out of the way. I didn’t watch, choosing instead to finish streaming Netflix’s excellent “Seven Seconds.” I have skimmed the transcript and checked the reporting, however, and these items leap out..

  • On the “red carpet,” Ryan Seacrest was snubbed by the majority of the stars he tried to chat with them. Seacrest was accused of sexual harassment by his ex-personal hair stylist last year. His employer hired an independent counsel to investigate, and could not confirm her allegations, so he kept his job.Never mind: he was snubbed like a leprous skunk at a picnic anyway.

This is a flagrant Golden Rule fail. Not one of the over twenty stars who walked by him while he was trying to do his job would feel fairly treated if they had been in his position. It also is as perfect and example as there is of how the #MeToo movement is a witch hunt, not interested in facts, or fairness, just power and the ability to destroy without due process.

If I was going to watch the Oscars, the treatment of Seacrest in the pre-show would have changed my mind. These are awful people. To hell with them.

  • The disgusting and smug Jimmy Kimmel hosted, because he’s “America’s Conscience of America” despite seeking ratings by encouraging parents to be cruel to their own children for his amusement.

He began the night with a penis joke.

  • As I noted in yesterday’s Warm-Up, the Oscars are now part of the effort to divide the nation. Bigotry is good, as long as it’s trendy bigotry:

…Presenting the best director award, Emma Stone introduced the nominees as “these four men and Greta Gerwig.” Nice. Misandry is funny! (Gerwig lost. GOOD.)

…Maya Rudolph assured the presumably racist white viewers, “Don’t worry, there are so many more white people to come.” Bite me, Maya.

…And, of course, “Get Out!,” the racist film that I have already written about more than it deserves, won Best Screenplay, because representing all white people as monsters is award-worthy.

  • In the past I have devoted whole posts to the Academy’s snubs in its “In Memoriam” segment, which is supposedly Hollywood’s final salute to film artists who made their final exits. At this point, I really don’t care what the Academy does, but the loved ones and fans of the snubees care, and that should matter to the Academy. Here is the complete list of omissions that at least someone has complained about. I’ve highlighted the ones who really should have been included:

Bill Paxton
Stephen Furst
Powers Boothe
Juanita Quigley
Ty Hardin
Francine York
Miguel Ferrer
Skip Homeier
Anne Jeffreys
Lola Albright
Lorna Gray
Dina Merrill
Conrad Brooks
Robert Guillaume
John Hillerman
Jim Nabors
Rose Marie
Adam West
David Ogden Stiers
Dorothy Malone
Della Reese
Dick Enberg
Tobe Hooper

The names fall into five categories. Bill Paxton is in one of his own: he was left out of the list due to a silly technicality: he died right before last year’s Oscars, so it was too late to include him in 2017, and some jerk decided that since he was a 2017 death, he couldn’t be honored this year either.  The second category is flat-out mistakes: Dorothy Malone won a Best Actress Oscar; if that isn’t enough to be listed, what is? Director Tobe Hooper was responsible for a film that revolutionized horror movies, “The Texas Chain-Saw Massacre,” and also directed “Poltergeist.” He was an important director. When two of your films launched sequels, remakes, sequels to remakes, and endless knock-offs, Hollywood should show some respect: it made millions because of Tobe Hooper.

Category 3: John Hillerman and Powers Boothe were successful and prolific film actors in some major movies, though both are remembered best for their TV work. There is no good argument for omitting them.  In the fourth category are TV actors who made a few mostly  forgettable films: West, Jeffreys, Merrill, Ferrer and Hardin. I can see the argument: they will be honored at the Emmys.

Stephen Furst deserves a category all his own. He played a memorable character in a classic, iconic film: “Flounder” in “Animal House.” That should have been enough to earn a place in the roll call.

That’s it for the 2018 Academy Awards.

Let us never speak of it again. Continue reading →

NOW Monica Lewinsky Says She Was Abused And Sexually Harassed

/ Jack Marshall / 25 Comments

 

I called it!

Remember in December when I had this exchange on NPR during a panel about sexual harassment and political figures in the early states of #MeToo?

ME : A hostile work environment means that the recipient of this has to feel hostility. They don’t like it. So, for example, if somebody – I have a hypothetical that I’m sure has happened, where someone is grabbed by Donald Trump back when he’s a celebrity, and she comes home. And she’s kissed, and she tells her roommate, “That was cool! Donald Trump kissed me.” And then when everybody she knows detests Donald Trump, she suddenly says …”I was harassed.”

BUTLER: COME ON!

HOST MICHEL MARTIN: OK. Yeah, I think we’re going to go to a different…All right. All right, Jack, you’ve had your say on that. And I think there are a lot of people who would want to argue with – I’m going to let Paul speak his piece on this. What do you say to that?

But the professor didn’t go beyond his interjected cheap shot, and went on to his own agenda, leaving the impression that my exposition on the strangeness of sexual harassment law was off-the-wall. It wasn’t, though. I was 100% correct, and NPR listeners, thanks to a grandstanding law professor whom I suspect wasn’t up on sexual harassment (he’s a criminal law professor who concentrates on race issues), were left less-informed than when they tuned in.

My point was and is valid: nothing stops an object of sexual attention in questionable propriety and taste from treating it as welcome at the time, then choosing, months, years or decades later, when there are non-ethical motivations to vilify or harm her one-time suitor, to withdraw her consent and “welcome,” and claim, retroactively, that she was harassed and abused.

This is exactly what Monica Lewinsky has done. Continue reading →

Windy Morning Ethics Warm-Up, 3/2/18: More Supreme Court Fun, Transparency Games, Ethical and Unethical Quotes Of The Day…

/ Jack Marshall / 14 Comments

GOOD MORNING!

(Wind storms all over Virginia, knocking out power and my e-mail, and blowing over a tree that narrowly missed my son’s car!)

1 Lack of Transparency? What lack of transparency? During a lecture and moderated discussion at U.C.L.A. this week in which he was a a participant and invited guest, Treasury Secretary Steven Mnuchin was heckled with hisses, jeers, shouted insults and profanity from students and protesters, some of whom were ushered and even carried out by police officers. A programmed sixth grader in the audience even questioned him about the fairness of passing permanent tax cuts for companies and expiring cuts for individuals, because as we all know, 10-year-olds are well-versed in tax policy theory.

Afterwards, Mnuchin  revoked his consent for the official video of the event to be released, perhaps because he was flustered by the harassment and it showed. In response to criticism of this virtual censorship,

The Treasury Department, through a spokesperson, said that what the Secretary did wasn’t what he obviously did—a Jumbo, aka “Elephant? What elephant?”—saying,

“The event was open to the media and a transcript was published. He believes healthy debate is critical to ensuring the right policies that do the most good are advanced.”

He just doesn’t want anyone to see or hear the debate.

A related point: The protests were organized by Lara Stemple, a U.C.L.A. law professor, and students and faculty members participated. Protests are fine; disrupting the event is not. Faculty members who assisted in the heckling should be disciplined, and students who participated should be disciplines as well.  It’s an educational institution, and all views sgould be openly explored and heard without interference. No guest of the university should be treated this way. Ever. No matter who it is or what their position. The treatment on Mnuchin was unethical.

2. More Supreme Court fun with ethics! Minnesota’s law banning “political” clothing and buttons from polling places is being challenged as an affront to free speech. The law prohibits people from wearing a “political badge, political button or other political insignia” at a polling place on an election day, and a member of the tea party movement sued after his “Tea Party” message got him in trouble when he came to vote.

Here is Justice Samuel A. Alito’s exchange with Daniel Rogan of the Hennepin County Attorney’s Office, who was defending Minnesota’s law:

“How about a shirt with a rainbow flag?” asked Alito. “Would that be permitted?”

“A shirt with a rainbow flag?” Rogan repeated. “No, it would — yes, it would be — it would be permitted unless there was — unless there was an issue on the ballot that — that related somehow to — to gay rights.”

Justice Alito: Okay. How about an NRA shirt?

Mr. Rogan: An NRA shirt? Today, in Minnesota, no, it would not, Your Honor. I think that that’s a clear indication—and I think what you’re getting at, Your Honor—

A T-shirt bearing the words of the Second Amendment? Alito asked.

Probably banned because of the gun-control issue, Rogan said.

The First Amendment? Alito asked. Probably not, Rogan answered.

Got it. The First  Amendment isn’t a political statement, but the Second Amendment is. That led Justice Neil M. Gorsuch to observe: “Under your interpretation of ‘political,’ it would forbid people from wearing certain portions of the Bill of Rights into a polling place but not other portions of the Bill of Rights. And I guess I’m just wondering what compelling interest Minnesota has identified that requires a statute that goes so much further than the vast majority of states?”

In contrast, Justice Anthony M. Kennedy asked J. David Breemer, a lawyer for the Pacific Legal Foundation, representing the challengers, “Why should there be speech inside the election booth at all, or inside the what you call the election room? You’re there to vote.”

This is a problem requiring an “all or nothing” solution. Either all forms of political speech must be allowed, or no speech at all. In a sick time where citizens honestly argue that a MAGA cap or a picture of a gun makes them feel threatened and “unsafe,” the ethical option would seem to be Justice Kennedy’s. No speech, messages, no logos, no photos, no American flags. Last fall I voted wearing my Red Sox jacket.

Uh-uh. Continue reading →

Morning Ethics Warm-Up, 3/1/18: Obstruction Of Justice In Oakland, Virtue-Signalling At Walmart, And Common Sense At SCOTUS [UPDATED!]

/ Jack Marshall / 62 Comments

 

Well, whaddya know! There IS a there there!

Good Morning!

(Why isn’t this another Afternoon Warm-up? Because I started it in the morning, and all hell broke loose here, that’s why.)

1  Injecting even more stupidity into the culture…Walmart’s virtue-signalling release yesterday reminded everyone that the big-box stores stopped selling AR-15 rifles three years ago. It also announced that it would be refusing to sell firearms to anyone under 21, and this…

“We are also removing items from our website resembling assault-style rifles, including nonlethal airsoft guns and toys.”

Ugh. This is how we end up with no-tolerance fascists in public schools punishing students for chewing their Pop Tarts and pizza slices into the shapes of guns. I had a Mattel burp gun–a plastic model of a Tommy Gun—as a kid. I shot it off in the school auditorium as a stunt during my speech when I was running for president of the 8th Grade. (I lost) One of my favorite toys ever. Now corporations want to assist in the anti-gun indoctrination.

Writes Stephen Green: “‘If an object resembles something we think is bad, then it is bad,’ is the sloppiest kind of magical thinking.” It’s worse than that, though. The more sloppy thinking  injected into the culture, the less competent the culture becomes.

I hate memes as a rule, but this one is relevant:

2.  The all-time false equivalency champ…The calls to raise the age of legal gun purchasing, one of many gun regulation issues where the NRA’s absolutist opposition makes little sense except that it is an absolutist, no infringement means no infringement organization, is another in a long list of confusing, partisan-divide jumping controversies over “age of responsibility.” laws.  There are age limits on buying cigarettes, alcohol, driving, consent to have sex,  right to sign binding contracts, military service (and formally the draft), and some other activities, and they have always been used to bootstrap each other. This has been going on for decades despite the fact that physical maturity, mental maturity and emotional maturity are not always nicely synchronized, individuals vary greatly, and if we followed recent scientific studies, we would consider restricting what young men especially could legally do until about age 23. Continue reading →