Law & Law Enforcement

Questions And Observations On A Fascinating Sexual Harassment Episode I Can’t Even Think Of The Right Word To Describe…

/ Jack Marshall / 55 Comments

 

From the Washington Post today:

While debating a land-use bill at a committee meeting on Tuesday night, Pennsylvania state Rep. Matt Bradford laid his hand — for just a moment — on the left forearm of the colleague sitting next to him.

That colleague was conservative Rep. Daryl Metcalfe, who interrupted Bradford mid-sentence with a personal bit of information.

“Look, I’m a heterosexual. I have a wife, I love my wife, I don’t like men — as you might. But stop touching me all the time,” Metcalfe told Bradford, who then began laughing.

Several other members of the committee, which Metcalfe chairs, giggled and smirked.

“Keep your hands to yourself,” said Metcalfe, a Republican from Butler County. “If you want to touch somebody, you have people on your side of the aisle who might like it.

“I don’t.”

Questions and Observations:

  • I love this story!

I wish I had made it up as an ethics hypothetical!

  • What difference does it make that Metcalfe is a conservative?

Would a liberal legislator who felt uncomfortable by an unwelcome touch have his complaint reported in the same way? Continue reading →

Morning Ethics Warm-Up, 12/5/17: Ethics Chaos Everywhere—Lawyers, Law Enforcement, Government, News Media. Is This A Great Country, Or What?

/ Jack Marshall / 56 Comments

Good Morning, everybody!

1 Wait, What??? ABC has announced that suspended reporter Brian Ross will no longer handle stories involving President Trump after Ross returns from his suspension. The suspension, you will recall, was occasioned by his misreporting of a matter involving the Mueller investigation and causing a stock market dive as a result.

This makes no sense at all. Either Ross is a professional, competent journalist who can be trusted to report the news without allowing his biases to distort the facts, or he is not. If ABC deems Ross too unreliable and partisan to report on stories involving the President of the United States, then—can I say obviously?—is also too reliable to be a reporter at all.

In his weekly unhinged hate-rant against President Trump—this one claims that favoring “national security and sovereignty; economic nationalism; and deconstruction of the administrative state” proves the President is a Nazi—Charles M. Blow writes, “Trump’s continued attacks on the media — and on truth itself — is an attempt to weaken the watchdogs, to grease the skids toward more oligarchy, more authoritarianism, more fascism.”

Are even New York Times readers gullible enough to buy that absurd description of the news media any more? The Ross fiasco is only the latest in a chain of thousands, some more minor, many not, that prove beyond any reasonable doubt that the news media is not a respectable watch dog, and that truth is the farthest thing from its agenda. The op-ed page that Blow squats on is a daily display of deceit and anti-Trump propaganda. There has never been anything like it in the history of the legitimate press. The same day Blow’s screed appeared, Times editors went full race-baiter, publishing a column that cherry picked  black athletes, celebrities  and politicians the President has issued insulting tweets about, regardless of the topic or issue, to show that he’s obviously a racist. (For example, since the NFL player who stood during the Mexican national anthem while having Kaepernicked for weeks in games played in the U.S., the President tweeted criticism was racist.) My junior high school journalism teacher, who advised the student newspaper, would have flagged this is terrible journalism, but Timed editors think it’s just great,

Watchdogs.

Right. Continue reading →

Morning Ethics Warm-Up, 12/4/17: Jailed For Profanity, Busted For Homophobia, Condemned For A Settlement

/ Jack Marshall / 10 Comments

Good morning…

1  This is weird…The Wisconsin Supreme Court has upheld a mother’s conviction for swearing at her son. Ginger Breitzman had been found guilty of child abuse, including one count was for profanely berating and insulting her 14-year-old son after he burned some popcorn. The boy had been talking to a friend at the time, who heard the tirade over the phone and reported it. The mother was sentenced to six months in jail. Apparently the First Amendment was  never raised as a defense, and an issue is whether it should have been and had to be.

I don’t see how a parent or anyone can be convicted of a crime based on the content of her speech, especially private speech, but it is a gray area in ten context of child abuse. In sexual harassment,  the content of one’s speech can create a hostile work environment, but the civil violation is for the act of creating the hostility, not the speech itself. In many cases, that’s a distinction without a difference, though. A supervisor using the term “cunt” in the workplace is probably harassment, no matter how or to whom he uses it.

Check the link and the mother’s mug shot. I wouldn’t want to have her mad at me…

2. Joy Reid being hateful? I’m shocked—shocked! MSNBC’s serial race-baiting, hate-spewing host Joy Reid found herself huminahumina-ing after someone tracked down her old blog and found multiple examples of gay-bashing on it.  Notably, she mocked GOP Florida Governor Charlie Criss, a married man who has been rumored to be a closeted gay, as “Miss Charlie.” What do you think of her apology?

This note is my apology to all who are disappointed by the content of blogs I wrote a decade ago, for which my choice of words and tone have legitimately been criticized.As a writer, I pride myself on a facility with language — an economy of words or at least some wisdom in the selection. However, that clearly has not always been the case.In 2007 I was a morning talk radio host and blogger, writing about Florida politics (a blog I maintained until 2011.) Among the frequent subjects of my posts was then-governor Charlie Crist, at the time a conservative Republican, whose positions on issues like gay marriage and adoption by same-sex couples in Florida shared headlines with widely rumored reports that he was hiding his sexual orientation. Those reports were the subject of lots of scrutiny: by LGBTQ bloggers, writers and journalists, conservative blogs, a controversial documentary film called “Outrage,” and even by the comedic writers at South Park. But it was my own attempt at challenging Crist on my blog that has now raised the issue of not just my choice of words, but what was and is in my heart.

Let me be clear: at no time have I intentionally sought to demean or harm the LGBT community, which includes people whom I deeply love. My goal, in my ham-handed way, was to call out potential hypocrisy. Nonetheless, as someone who is not a member of the LGBT community, I regret the way I addressed the complex issue of the closet and speculation on a person’s sexual orientation with a mocking tone and sarcasm. It was insensitive, tone-deaf and dumb. There is no excusing it – not based on the taste-skewing mores of talk radio or the then-blogosphere, and not based on my intentions.

In addition to friends and coworkers and viewers, I deeply apologize to Congressman Crist, who was the target of my thoughtlessness. My critique of anti-LGBT positions he once held but has since abandoned was legitimate in my view. My means of critiquing were not. In the years since I went from blogger to opinion journalist, I have also learned, through brilliant friends and allies in the LGBT activist community, how to better frame my critiques of those who challenge people’s right to love who they want, marry them, and walk in the world as fully free people.

Re-reading those old blog posts, I am disappointed in myself. I apologize to those who also are disappointed in me. Life can be humbling. It often is. But I hope that you know where my heart is, and that I will always strive to use my words for good. I know better and I will do better.

It’s not terrible. I’ll give her a #6 on the Apology Scale: ” A forced or compelled [apology], when the individual (or organization) apologizing knows that an apology is appropriate but would have avoided making one if he or she could have gotten away with it.” I doubt that it’s sincere, because of lots of clues in the text. She says she deeply apologizes to Christ, then says her criticism was legitimate. She was presuming hypocrisy on the basis of rumors: how is that legitimate? She sucks up to the LGBT community; she says that at “no time have I intentionally sought to demean or harm the LGBT community,” when her rhetoric obviously was intended to demean Crist based on his presumed homosexuality; she sneaks in an “everybody was doing it” excuse. Continue reading →

Morning Ethics Warm-Up, 12/2/17: Hackers, My NPR Panel, An Unethical Journalist Actually Faces Consequences, And God Bless Us, Everyone!

/ Jack Marshall / 12 Comments

 

GOOD MORNING!!!

1  Actually, it’s a terrible morning. I began what has really been a hideous morning at 5 a.m. with a hacking alert on my computer. I eventually, with the help of some technicians, identified the usernames of 27 hackers who were accessing my data, apparently.

I should have written this before, I guess, but hackers, all of them, every single one no matter what their motives or what they do, are the scum of the earth, ethical black pits, and blight on civilization. Yet the popular culture loves them. There are young hackers, male, female, black, white, Asian, Indian and Hispanic, handicapped hackers…no old hackers,of every type all over the TV fare, usually as part of the heroic team on procedurals. (There are no old hackers.) What power they have! How smart they are! Often they are ex-criminals, who managed to acquire an exciting, lucrative job by displaying their hacking skills to law enforcement in the course of committing crimes. Usually, they are the funny members of the team, or the cute, like Matthew Broderick in “Wargames.” No wonder our young see these shows and think hacking is cool. In “Jurassic Park,” Lexi, the young girl who almost gets her feet bitten off by a raptor, proudly calls herself a hacker.

“Hacker” means asshole, kid.

And I was rooting for the raptor.

2. Marley was dead. One of these days I will have to do an overview of the links to your left. They are there for their value in stimulating ethical thought and discussion, not because some asked for a link exchange. Under the “Inspiration” category—you have to scroll down to see it—is “A Christmas Carol” by Charles Dickens, arguably the best and most accessible ethics story ever written. I have directed four staged readings of the classic and three “radio” versions through the years, and I don’t know a better way to get into the proper frame of mind—an ethical one– for the holiday season.

Last night I watched actor Paul Morella perform his one man “Christmas Carol” at the Olney Theater in Maryland. Paul is a long-time friend and collaborator: he has been playing Clarence Darrow in a one-man show we created together for 17 years, and we launched a continuing legal education seminar about Darrow’s legal ethics at the D.C. Bar this year. If you live in the D.C. Metropolitan area, I can not recommend the Olney show to you more enthusiastically. As Paul points out in his notes, this is how Charles Dickens himself presented the story in front of Victorian audiences, and he did not have the benefit of the evocative sound and light effects Paul employs. Charles was also not in Paul’s league as actor, I bet.

3. One down, 102, 568 to go… Brian Ross went live on ABC last week and announced  the fake news story that then-candidate Donald Trump had instructed Michael Flynn to make contact with the Russians, thus triggering a massive stock market sell-off. Seven hours later, ABC sheepishly admitted that it was President-elect”Trump who had made the request of Flynn.  ABC News  announced last night that  Ross would be suspended for four weeks without pay. Said the Disney-owned network:

“It is vital we get the story right and retain the trust we have built with our audience – these are our core principles. We fell far short of that yesterday. Effective immediately, Brian Ross will be suspended for four weeks without pay.”

Observations:

  • Good.

It would be very good if this became the routine response when a mainstream media reporter misinformed the public through bias, negligence or incompetence.

  • Raise your hand if you think that this action only occurred because the Dow Jones crashed.

My hand is up.

  • “Retain the trust we have built with our audience…” What trust? Anyone who trusts the news media after the past two years, not to mention the past ten, is foolish, gullible, or a Democrat.

4. A pause for levity since I am so upset…Here is the Celebrity Perv Apology Generator.  This “guide for new celebrities” is also mordantly amusing, on the same topic. Continue reading →

Morning Ethics Warm-Up, 12/2/17: Flying Morons, A Fake News Crash, Death By Bias, And Me

/ Jack Marshall / 55 Comments

Good Morning!

1 Moron on board. Passengers can create personal wi-fi networks o and name them what they want while flying on some airlines, like Turkish Airlines.One passenger on a flight from Nairobi to Istanbul named his wi-fi network “bomb on board.”

Brilliant. Passengers could see that the network was in operation on the plane when they used their own devices, and became, ah, upset. In a statement, Turkish Airlines said the flight made an emergency landing at the Khartoum airport in Sudan, but the flight was safely resumed after security inspections on all passengers and the aircraft.

2. Terry McAuliffe for President! A 220-page report from Timothy Heaphy, a former U.S. attorney, was commissioned by the city council to find out what  happened in Charlottesville when a white nationalist group opposing the removal of a Robert. E. Lee statue was opposed by a group including violent antifa thugs. It was released yesterday, and USA Today reports that it concluded…

“This represents a failure of one of government’s core functions — the protection of fundamental rights. Law enforcement also failed to maintain order and protect citizens from harm, injury and death.”

Among the report’s other findings:

• Charlottesville police didn’t ensure separation between counter-protesters and so-called alt-right protesters upset with the city council’s decision to remove the Robert E. Lee statue from Emancipation Park.

• Officers weren’t stationed along routes to the park, but instead remained behind barricades in relatively empty zones.

• City police didn’t adequately coordinate with Virginia State Police, and authorities were unable to communicate via radio.

• State police didn’t share a formal planning document with city police, “a crucial failure.”

• Officers were inadequately equipped to respond to the clashes between the two groups, and tactical gear was not accessible to officers.

The handling of this episode by city and state officials was a warning about how tenuous support is for core American rights and values, though the news media didn’t cover it that way. Ethics Alarms did. Here is what I wrote at the time about the Governor of Virginia, now being prominently mentions as a possible Democratic Presidential nominee…after all, he is long-time Clinton loyalist, so why not?

[We] have Virginia’s governor Terry McAuliffe, who used the power and influence of his office to declare that people holding views he does not approve of are not welcome in the Old Dominion. In the midst of some patriotic grandstanding, he said…

“You are not wanted in this great commonwealth. Shame on you….There is no place for you here. There is no place for you in America.”

This is leftist fascism, by definition. Who is Terry McAuliffe, or Virginia, or anyone, to say who can or should have a “place” in the United States of America? How is this statement applied to white nationalists any different legally or ethically from applying it to Muslims, or lesbians, or abortion advocates, or Catholics, Jews or libertarians?

It isn’t. The entire point of the Bill of Rights is that the government does not get to tell us what to thing, what we can chant, what we can protest, and where we can live.

Charlottesville’s mayor made similar sentiments known, and the result was that the police obeyed the cues, and a riot resulted.

Then the news media blamed Steve Bannon and President Trump. Continue reading →

Case Study: How The New York Times Gave Trump The Chance To Say “Fuck You” And Saved Rex Tillerson’s Job

/ Jack Marshall / 47 Comments

“Once when I was reporting, Lyndon Johnson’s top guy gave me the word they were looking for a successor to J. Edgar Hoover. I wrote it and the day it appeared Johnson called a press conference and appointed Hoover head of the FBI for life… And when he was done, he turned to his top guy and the President said, “Call Ben Bradlee and tell him fuck you.” I took a lot of static for that–everyone said, “You did it, Bradlee, you screwed up–you stuck us with Hoover forever.” I screwed up but I wasn’t wrong.”

—-Washington Post Editor-in-Chief Ben Bradley (Jason Robards, Jr.) in “All the President’s Men.”

Surely I wasn’t the only one who immediately thought about this anecdote (apparently true) from the film version of the Woodward and Bernstein book about the Post’s Watergate investigation. All yesterday, the news services were following the New York Times “scoop,” based on anonymous leaks out of the Trump Administration, claiming that Secretary of State Rex Tillerson was about to be canned within days, with CIA head Mike Pompeo, a Trump favorite, taking his place.

I know a little bit about leadership and the kind of people who get to the top of the heap, the Presidents of the United States. I also know how I would think if I disliked and distrusted a newspaper and someone betrayed me within my staff, resulting in a premature revelation of my plans. Unless I regarded a personnel matter as essential, I’d change course to discredit the leaker and make the newspaper look bad.

Sure enough, President Trump tweeted today,

The media has been speculating that I fired Rex Tillerson or that he would be leaving soon – FAKE NEWS! He’s not leaving and while we disagree on certain subjects, (I call the final shots) we work well together and America is highly respected again!

Good for him. Continue reading →

Ethics Quiz: The DNR Tattoo

/ Jack Marshall / 41 Comments

 Paramedics brought a 70-year-old man to the University of Miami hospital emergency room after finding him on the street, intoxicated and unconscious. Doctors tried to revive him got no response. Then they had an unusual problem: The man had a ‘Do not resuscitate’ tattoo on his chest, with a line under the ‘not.’ There was also something that looked like his signature. Tattoos are not legally-binding DNR orders, and in Florida, there are  very specific requirements for DNRs. to be legal.  Both a doctor and the patient must sign it, and they must be on paper, not on chests.

The doctors decided to respect the man’s tattoo. They did not try to revive him after the initial efforts failed

Your Ethics Alarms Ethics Quiz of the Day:

Was that the right call?

Continue reading →

Ethics Observations On The Acquittal Of Kate Steinle’s Illegal Immigrant Killer

/ Jack Marshall / 19 Comments

Jose Ines Garcia Zarate, a serial illegal Mexican immigrant who had been deported five times and was wanted for a sixth deportation, shot young Kate Steinle in the back in 2016. Since this occurred shortly after Donald Trump, announcing his candidacy for President, had decried Mexico “sending us murderers” across the border, Zarate took on the role of Trump’s  Willie Horton.  Zarate admitted to the shooting, but said that he had just found the gun on the street, and fired accidentally. The jury found him not guilty on murder and manslaughter charges, but he was convicted on a gun charge.

Ethics Observations:

The Kate Steinle killer came back and back over the weakly protected Obama border, always committing crimes and being violent, and yet this info was not used in court. His exoneration is a complete travesty of justice. BUILD THE WALL!…The jury was not told the killer of Kate was a 7 time felon. The Schumer/Pelosi Democrats are so weak on Crime that they will pay a big price in the 2018 and 2020 Elections….A disgraceful verdict in the Kate Steinle case! No wonder the people of our Country are so angry with Illegal Immigration.

Ugh. The question before the jury was whether Zarate murdered Steinle, not whether immigration enforcement is too lax, not whether he was a bad guy, not what previous crimes he had committed. The verdict was no more disgraceful that O.J.’s acquittal, George Zimmerman’s acquittal, Casey Anthony’s acquittal, the acquittals in the Freddie Gray case, or any other acquittal where the prosecution does not prove guilt beyond a reasonable doubt.

Nobody not on the jury or the courtroom has any basis or justification to attack the verdict.

The President’s comments are embarrassingly ignorant or dismissive of the basic principles of our criminal justice system.

  • Attorney General Jeff Sessions‘ statement following the verdict was better, but still wrong:

“While the State of California sought a murder charge for the man who caused Ms. Steinle’s death—a man who would not have been on the streets of San Francisco if the city simply honored an ICE detainer—the people ultimately convicted him of felon in possession of a firearm.When jurisdictions choose to return criminal aliens to the streets rather than turning them over to federal immigration authorities, they put the public’s safety at risk. San Francisco’s decision to protect criminal aliens led to the preventable and heartbreaking death of Kate Steinle. I urge the leaders of the nation’s communities to reflect on the outcome of this case and consider carefully the harm they are doing to their citizens by refusing to cooperate with federal law enforcement officers.”

This “but for” argument is a “Back to the Future”/”Terminator” con. The fact that it was Zarate who picked up an abandoned gun that discharged and killed Steinle—this is what the jury concluded—and not a Cub Scout, a fumble-thumbed bank teller, a stoned gay guy or Pablo Sandoval is 100% moral luck.  Yes, if Zarate was in Mexico—or Iowa—Steinle might be alive today. Or maybe not.  Also if the US gave more aid to Mexico and it wasn’t such a hell hole that its citizens keep coming here illegally, she might be alive. Maybe if Zarate’s mother had been killed by an android from the future before she met Zarate’s father…

The reason to enforce immigration laws is that they are important laws and should be enforced. Steinle’s death and Zarate’s acquittal don’t affect those facts one way or the other. Continue reading →

Unethical Quote Of The Month: Detroit Attorney And Democratic Michigan AG Candidate Dana Nessel

/ Jack Marshall / 28 Comments

“Who can you trust most not to show you their penis in a professional setting? Is it the candidate who doesn’t have a penis? I’d say so.”

—-Detroit attorney Dana Nessel, a Democrat and a misandrist running for Attorney General of Michigan by suggesting that all men should be assumed to be sexual harassers and predators.

In another ad, Nessel says…

I want to tell you what you can expect me not to do. I will not sexually harass my staff, and I won’t tolerate it in your workplace either. I won’t walk around in a half-open bathrobe, and I’ll continue to take all sex crimes seriously just like I did as a prosecutor.

I wonder how feminists would react if a male candidate said,

I want to tell you what you can expect me not to do. I won’t try to influence judges to make bad rulings by wearing tight clothes and wiggling my hips. I won’t take says off because I have a period, or break down in tears under stress. I won’t try to win cases by sleeping with lawyers and judges, or not report sexual misconduct because I’ve exploited it to my own advantage.

Nessel should meet exactly the same fate as a male candidate who made those bias-promoting, sexist remarks. Continue reading →

Morning Ethics Warm-Up, 12/1/17: Moochie’s Back, And Despicable As Ever! Democratic Race-Baiting Never Went Away! And A Jury Shows Why Kate Steinle’s Shooter Keeps Coming Back To San Francisco…

/ Jack Marshall / 73 Comments

Good Morning!

(Although it was reportedly a rough morning for the former Eleanor Coulouris 67 years ago_)

Or so I was told.

1. It’s NOT okay to be white? CNN Commentator Angela Rye, formerly executive director of the Congressional  Black Caucus, told CNN audiences that “white, liberal women” were the cause of the pressure on iconic Michigan Representative John Conyers to resign from Congress. House Minority Leader Nancy Pelosi would have never called for Conyers to resign if it weren’t  the other “white, liberal women” pressuring her to do so.  Rye, who earlier in the week said that a racist double standards was causing Conyers to be pressured to resign while white Democratic Senator Al Franken was not, said,

“I think Nancy Pelosi made a commitment to the members of the Congressional Black Caucus that she would not call for Conyers resignation before due process was allowed to take place. Now she’s being faced with the pressure of white, liberal women for the most part who have told her she needs to say something different.”

Rye echoes the reported sentiment of Congressional Black Caucus member Rep. James Clyburn, who noted that all of Conyers’ accusers were white. Doubtlessly agreeing with her is Mrs, Conyers, who told reporters staking out Conyers’ home yesterday to “Go and stalk white people’s houses.”

Observations:

  • Race-baiting and using racism as an excuse for any criticism of black politicians is still the reflex response of far too many Democrats, in part because they face no consequences for doing so, and because any whites who object are tarred as white supremacists.
  • Until the news media and  progressives have the integrity to treat this tactic for what it is, and as exactly as intolerable as white racism, the nation will continue to split hard along racial lines. I guess that’s what the Left wants.
  • How can CNN justify continuing to employ a “contributor” like Rye—it has some others, too—who is a stone-cold racist?
  • How can anyone who abhors racism in all its forms continue to patronize an intentionally racial division-promoting news source that does employ someone like Rye?
  • Here, for people like Rye—you know, stupid people—are some reasons Al Franken’s situation is distinguishable from that of  Conyers: he is thirty years younger and shouldn’t have retired about a decade ago anyway; he, unlike Conyers, hasn’t flatly denied all of the allegations against him as they keep on coming; a Senator resigning is a bigger deal than a Representative resigning; and Nancy Pelosi doesn’t oversee Senate Democrats.

Also there are no reports of Franken habitually meeting with female staffers without his pants on. It’s small thing—well, not that small—but still…

2. No, really, it isn’t OK...In related news,Texas State University student journalist Rudy Martinez wrote an article entitled “Your DNA Is An Abomination”—referring to white DNA, of course—for The University Star,  the University of Texas student publication. The piece also advocated the death of whites, which is unpleasantly close to calling for them to  be killed. If you think I’m going to point out that any student who wrote this about blacks in a student newspaper would be quickly disciplined, while the newspaper editor responsible for publishing such vile material was hounded of campus, you’re right. If the University of Texas administrators had any integrity, common sense or guts, it would, this is what would happen. At least the president of Texas State, Denise M. Trauth, said that “The column’s central theme was abhorrent and is contrary to the core values of inclusion and unity that our Bobcat students, faculty, and staff hold dear.” That’s nice. Why is Texas State graduating racists? From the column:

“Ontologically speaking, white death will mean liberation for all. Accept this death as the first step toward defining yourself as something other than the oppressor. Until then, remember this: I hate you because you shouldn’t exist. You are both the dominant apparatus on the planet and the void in which all other cultures, upon meeting you, die.”

Denise Cervantes, The University Star’s editor-in-chief, pulled the column and apologized, saying “We acknowledge that the column could have been clearer in its message and that it has caused hurt within our campus community. We apologize and hope that we can move forward to a place of productive dialogue on ways to bring our community together.”

Oh, I think it was very clear in its message. Continue reading →