Law & Law Enforcement

Morning Ethics Warm-Up, 11/25/2017: NPR, Spin Cycle, A Mother Bugs A Classroom, and a Jumbo!

/ Jack Marshall / 51 Comments

 

Good Morning, Black Saturday!

1 Self promotion Dept. I’m going to be back on NPR (WBUR, D.C.) in what I think is a live panel discussion (“Barbershop” is the show—I wonder what a ‘barbershop” is? ) hosted at 5: 30 pm, EST by the estimable Michel Martin. The topic is The Harvey Weinstein Ethics Train Wreck, though that’s not what they’ll be calling it.

2. “For every time, Spin Spin Spin, there is a season..” I may mention this New Republic article, or at least be ready to torch a fellow panelist who cites it favorably. The tortured reasoning of writer David Dayen led him to assert that the “sexual harassment crisis” resulted from ” a broken justice system.” Let me summarize it for you: men harass women in the workplace because it’s too hard to convict people and put them in jail. When did liberals start being the ones who want to dispense with civil rights protections and due process assurances in court?

“But we should identify the real culprit for this state of affairs: the long, slow abandonment of the rule of law in America. The reason adjudicating sexual misconduct claims has been left to the media and the crowd is that people have no expectation that the legal system will adjudicate those claims fairly. How can anyone blame them? They have witnessed endless instances of powerful people, mostly wealthy men, getting away with criminality and deception, in every context imaginable. When you don’t have a working justice system, you get a kind of vigilantism as a result. The problem isn’t the vigilantism—it’s the broken framework that leads desperate people to take matters into their own hands. That powerful people face little sanction for misbehavior is an old story, as true in gender as it is in class. But brazen impunity for the powerful is a hallmark of our era. The worst financial crisis in America in nearly a century led to practically no convictions for those whose actions facilitated the meltdown. The Catholic Church shuttled around sex-abusing priests for decades with little reckoning. Cops shoot black people and go back on the job….”

None of this has much to do with sexual harassment, which isn’t a crime, and the three examples cherry-picked by Dayen don’t support his stated argument. The Wall Street wheeler-dealers operated primarily within loopholes and gray areas in the laws and regulations. There were few convictions because it was hard to prove that laws were broken. When the molesting priests were identified, still living, and in the U.S., many were sent to prison. (That the Catholic Church behaved abysmally doesn’t show that the U.S. justice system is broken, obviously). And “Cops shoot black people and go back on the job” is deceitful, simple-minded agitprop. Colin Kaepernick, is that you?

The article is a desperate and clumsy attempt at ethics jujitsu, with the recent exposure of progressive hypocrites as sexual predators being flipped to pivot to the talking point that “everything is rigged against the poor, blacks and women.” What Dayen ends up arguing is that we need to make it easier to prove criminal guilt when we just know the defendants are bad dudes (white, male and rich) —shouldn’t that be enough?— and all the “beyond a reasonable doubt” stuff should be junked…except when black “non-violent drug offenders” are involved.

3.  It’s still illegal. Fark.com called this story “a woman being arrested for mothering while black.” Nice. David Dayen, is that you? Continue reading →

Unethical Quote Of The Week: Emily Linden

/ Jack Marshall / 17 Comments

Funny, she doesn’t LOOK like Chairman Mao…

“If some innocent men’s reputations have to take a hit in the process of undoing the patriarchy, that is a price I am absolutely willing to pay.”

—Feminist writer Emily Linden, in the most unethical portion of an unethical twitter screed. After it was roundly attacked as the despicable, sexist, Left- facist, “by any means necessary” mind poison that it is, she hid her Twitter account. But of course.

Here is her whole yuck-pooie! rant:

“Here’s an unpopular opinion: I’m actually not at all concerned about innocent men losing their jobs over false sexual assault/harassment allegations…false allegations VERY rarely happen, so even bringing it up borders on a derailment tactic. It’s a microscopic risk in comparison to the issue at hand (worldwide, systemic oppression of half the population)…The benefit of all of us getting to finally tell the truth + the impact on victims FAR outweigh the loss of any one man’s reputation..If some innocent men’s reputations have to take a hit in the process of undoing the patriarchy, that is a price I am absolutely willing to pay.”

Yes, Emily is absolutely willing to pay a price that involves devastating harm to someone else. This woman is allegedly a writer, and yet delivered a rhetorical punch to he own jaw like that. Wow. Continue reading →

Morning Ethics Warm-Up, 11/24/2017: The Infuriating Clinton Enabler Flip-Flops, And Ominous Messages From The Times

/ Jack Marshall / 26 Comments

Good Morning After…

1 Damn First Amendment! I’m hoping that everyone was watching the Macy’s Thanksgiving Day Parade and missed it, but yesterady’s New York Time front page had very strange headline above the fold: “Using Freedom To Lead Attack On Gay Rights.” The online version was more descriptive of te tone of the article: “Fighting Gay Rights and Abortion With the First Amendment.” The article seeks to paint the Alliance Defending Freedom, which opposes policies that its members believe infringe on their right to live according to their religious beliefs, as sinister. By emphasizing the fact fact that the guarantees of the First Amendment aid and abet the dastardly objcetives of these horrible people, the Times appears—to me, anyway–to be questioning the First Amendment itself. Don’t all advocacy groups “use freedom” to argue for their positions? Doesn’t the New York Times fight the Republican Party and Donald Trump “with the First Amendment”? Yes, we have free speech in this country, at least until progressives acquire sufficient power to limit it, as their rhetoric increasingly portends. Where is the Times headline, “Progressive Use Freedom to Lead Attack on Liberty”?

From the article:

“We think that in a free society people who believe that marriage is between a man and a woman shouldn’t be coerced by the government to promote a different view of marriage,” said Jeremy Tedesco, a senior counsel and vice president of United States advocacy for the group, which is based in Scottsdale, Ariz. “We have to figure out how to live in a society with pluralistic and diverse views.”

But civil liberties groups and gay rights advocates say that Alliance Defending Freedom’s arguments about religious liberty and free expression mask another motivation: a deep-seated belief that gay people are immoral and that no one should be forced to recognize them as ordinary members of society.

Oh, no doubt, the civil liberty groups are correct about that, but so what? Motives have never been the criteria whereby legitimate use of the First Amendment is measured and limited.  Whether religious groups believe that LGBT individuals should not have the same rights as other citizens because they have been condemned by God, or whether they just think they are inherently icky, or whether they are inherently icky because they have been condemned by God, or whether they have been condemned by God because God thinks thet thinks they are inherently icky, part of the First Amendment states that they have a right to their beliefs, and another part says that they have a right to argue for those beliefs without government interference. Yup: they are dead wrong about gays (though not necessarily about abortion), just as the Times is wrong about many, many things. But implicating the First Amendment while attacking Alliance Defending Freedom’s positions is a dangerous game, and one more bit of evidence that a large swathe of the ideological Left regards the nation’s core principles of freedom or speech and religion as problems rather than blessings. Continue reading →

Thanksgiving Morning Ethics Warm-Up, 11/23/17: All About Turkeys, Metaphorically Speaking

/ Jack Marshall / 35 Comments

It’s Thanksgiving Morning!

1 It’s also my wedding anniversary. I am very thankful , and proud, frankly, that I am one of the very few people among my pretty large and diverse community of friends, acquaintances and colleagues still married (after 37 years…yes, I married at 13) to the same person I pledged to make a life with “til death do us part.” It’s not easy, for anyone, and determination and commitment, forgiveness and contrition, are a large, crucial, indispensable part of it. A lot of the journey is based on ethics, in other words.

2. Surprise! More accusers of both Rep. John Conyers and Senator Franken surfaced yesterday. Conyers’ new alleged victim is Melanie Sloan, formerly the head of CREW, the left-wing D.C. ethics watchdog that somehow manages to see unethical conduct by Republicans about five times more often than it fingers Democrats. Sloan says she was not sexually harassed, but alleges that Conyers called him into his office to verbally abuse her while being dressed in his underwear. Uh, Melanie? If your boss is ever berating you in his underwear, that is per se sexual harassment. This is a hostile work environment; I don’t care if your superior is built like Batman…well, like his costume.

The predictable proliferation of accusers was why, in the hypothetical apology I authored for Alternate Universe Al, I included the part about mistreating other women. It was a sure thing; harassers harass, and if you are going to pretend that the first accuser was “just a mistake,” you might as well skip it and head for George Bailey’s bridge. In the sexual harassment training field, nothing is more certain than the fact that with the real harassers and predators, if there’s one victim, there are many. This is why the narrative about Anita Hill amounts to a Left-driven, media-driven smear of Clarence Thomas for the crime of being a black conservative.

An unanticipated horrible consequence of this leg of the Harvey Weinstein Ethics Train Wreck, which also includes new allegations about the Democratic Party’s keynote speaker when it was accusing conservatives of a “war on women,” as well the revelation that the GOP President who selected Thomas emulates his favorite magician, “David Cop-a-Feel,” is that it very well might elect Roy Moore, who is worse than any of them. Meanwhile, most analysts think that both Franken and Conyers will have to resign. ( I would eagerly vote for a mad scientist-make hybrid of Conyers and Franken—Frankenconyers!—before I would even shake Roy Moore’s grubby hand…and really, who knows where it’s been?)

Republicans have been incredibly lucky with their choices of foes, luckier than they deserve. Continue reading →

Legal, Compliant, And Wrong: A Law Firm Helps Two California Cities Prey On Their Own Citizens

/ Jack Marshall / 18 Comments

Here’s something to be thankful for: be thankful you don’t live in Indio or Coachella California, where unscrupulous city governments and an enterprising law form conspire to fleece their citizens. It works like this:

Step One:  Indio and Coachella hire a private law firm, Silver & Wright, to prosecute citizens in criminal court for minor property violations of city ordinances. These result in small fines for infractions like not mowing the yard or selling lemonade without a business license.

Step Two: The citizens go to court, plead guilty, and pay the fines,

Step Three: They get a bill in the mail for a huge fee from the law firm that the city hired to prosecuted them. This fee is for the cost of the prosecution. Thus a fine for a couple of hundred dollars explodes into a legal bill of four or five figures.

Step Four: If the citizen objects, the law firm raises the fee demand.

Step Five: If the citizens can’t pay, the law firm threatens to take their homes.

The law firm that runs this brilliant operation is Silver & Wright, and it has been going on for years. The Desert Sun, in an investigative journalism effort, revealed this unholy alliance of municipality and law firm, and now, with public scrutiny, it just might be on its last legs. Thankfully.

The 18 cases examined by The Desert Sun come under the heading of nuisance property abatement, violations of law that are too  inconsequential to involve the county’s real prosecutors, the Riverside County District Attorney’s Office. Thus Silver & Wright steps in. Contract prosecutions are a profit center for the firm, which explains on its website that it specializes in code enforcement and “cost recovery,” boasting

“Our attorneys have developed unique and cutting edge practices to achieve success for our clients and make nuisance abatement and code enforcement cost neutral or even revenue producing.”

Indio contracted with Silver & Wright in 2014, and Coachella followed in 2015. Within a year of hiring the firm, both city councils created new nuisance property ordinances empowering the cities to seek prosecution fees without getting  approval from a judge. Then Silver & Wright started taking east valley property owners to criminal court. Continue reading →

“Hello. Yes, Once Again, I Want You To Meet Larry. You Remember That He Was A Respected Harvard Law Professor, But The Scourge Of Anti-Trump Mania Has Left Him Silly And Obsessed. Won’t You Help Sufferers Like Larry With A Generous Donation?”

/ Jack Marshall / 8 Comments

 

The steady deterioration of former Harvard Law professor Lawrence Tribe is truly a cautionary tale. Bias makes you stupid, but Larry had IQ points to spare, once.  Trump Derangement makes you stupid, and this strain of political hostility is far, far worse than the Clinton, Bush and Obama strains. Once Tribe was infected, his intellect was in peril.

Then he became addicted to Twitter. I tell my legal ethics seminar attendees that Twitter lowers a lawyer’s IQ by anywhere from 40-60 points. Once, Larry could have sustained that and still given me a good game of Scrabble. On top of his ossifying liberal bias and the ravages of Trump Derangement, however, Twitter delivered the coup de gras to his gray matter.

We saw the beginning of this in 2016, when he shattered a basic legal ethics tenet–Larry used to teach this stuff–with a mind-blowing tweet. After Trump’s election, Tribe began making silly claims that the President was impeachable,  and took to Twitter to spread batty “resistance” conspiracy theories, while calling a White House aide  “non human.”

Now it seems beyond dispute, sadly, that Lawrence Tribe is in the end throes of Anti Trump Brain Virus infection. Continue reading →

Morning Ethics Warm-Up, 11/21/17: Dead Ethics Alarms All Over, And This Just In…Ana Navarro Is Still Stupid

/ Jack Marshall / 18 Comments

Good Morning, all!

1 Dead Ethics Alarms on the Hill. Just as I cannot conceive of what kind of ethics alarm malfunction allows any man to think that parading his reproductive organs before unconsenting women in a work-related setting is anything but gross and wrong (Charlie Rose???), I cannot comprehend by what tortured logic an elected member of Congress reaches the conclusion that I should pay for his sexual harassment hobby. The latter is the height of arrogance and abuse of the public trust. Yet the Washington Post reported that Congress’s Office of Compliance paid out $17 million for 264 settlements with federal employees over the past 20 years for various violations, including sexual harassment, and now we have at least one name and specifics: John Conyers, the ranking member of the House Committee on the Judiciary. Perfect.

From Buzzfeed:

Michigan Rep. John Conyers, a Democrat and the longest-serving member of the House of Representatives, settled a wrongful dismissal complaint in 2015 with a former employee who alleged she was fired because she would not “succumb to [his] sexual advances.”

Documents from the complaint obtained by BuzzFeed News include four signed affidavits, three of which are notarized, from former staff members who allege that Conyers, the ranking Democrat on the powerful House Judiciary Committee, repeatedly made sexual advances to female staff that included requests for sex acts, contacting and transporting other women with whom they believed Conyers was having affairs, caressing their hands sexually, and rubbing their legs and backs in public. Four people involved with the case verified the documents are authentic….The woman who settled with Conyers launched the complaint with the Office of Compliance in 2014, alleging she was fired for refusing his sexual advances, and ended up facing a daunting process that ended with a confidentiality agreement in exchange for a settlement of more than $27,000. Her settlement, however, came from Conyers’ office budget rather than the designated fund for settlements.

Well, this section of the Harvey Weinstein Ethics Train Wreck is doing some good, by throwing some light on this unethical practice. Congressional sexual harassers need to pay their hush money out of their own pockets. That’s the least they can do.

2.  Live from New York! It’s Double Standards Live! Although Saturday Night Live did have the integrity to mock alum Al Franken following the Senator’s sexual harassment accusations regarding his conduct when he was just an obnoxious comic, 36 SNL staffers, including original cast members Lorraine  Newman and Jane Curtin, felt it was appropriate to release this letter:

SNL Women Offer Solidarity in Support of Al Franken

We feel compelled to stand up for Al Franken, whom we have all had the pleasure of working with over the years on Saturday Night Live (SNL). What Al did was stupid and foolish, and we think it was appropriate for him to apologize to Ms Tweeden, and to the public. In our experience, we know Al as a devoted and dedicated family man, a wonderful comedic performer, and an honorable public servant. That is why we are moved to quickly and directly affirm that after years of working with him, we would like to acknowledge that not one of us ever experienced any inappropriate behavior; and mention our sincere appreciation that he treated each of us with the utmost respect and regard.

We send our support and gratitude to Al and his family this Thanksgiving and holiday season.

Ugh. This is blatant Ethics Accounting, as if the fact that Al was fun to work with has anything to do with his misconduct, or mitigates it in any way:

21. Ethics Accounting, or “I’ve earned this”/ “I made up for that”. You cannot earn the right to act unethically by depositing a lot of ethical deeds in the imaginary ethics bank, nor can unethical conduct be erased by doing good for someone else. The illusion that one can balance the ethics books this way is referred to on the Ethics Alarms blog as “the Ruddigore Fallacy.”  Nobody earns the right to be unethical, not even once, no matter how exemplary their conduct. An unethical act is just as unethical, whether it is performed by a saint, a hero, or a villain.

Even more ridiculous is the “he never harassed me!” bit. This is reminiscent of Greta Van Susterin’s embarrassing defense of Roger Ailes, where she “stood up for” her boss and cast skepticism on his accusers because Greta had never been abused. The SNL letter drips with similar skepticism and bias. It is “appropriate” for Al to have apologized—never mind that the apology itself stunk on ice—and Al’s conduct may have been “stupid and foolish,” but come on, it wasn’t the worst thing.

What does standing up “in solidarity” mean, when it is in support of an accused harasser? It means “we don’t believe the victim, and anyway, we like the accused sufficiently that we will give him a pass.” I’m just guessing here, but I bet there are many, many women Harvey Weinstein worked with that he never molested, and that Louis C.K. hasn’t masturbated in front of every women he ever encountered. Those lucky women should sign a letter.

3. ” Gee, you mean I really have to pay it back?” In 19 states, government agencies can seize state-issued professional licenses from residents who default on their educational debts, while South Dakota suspends driver’s licenses for the same provocation.  The tone of the New York Times article on the topic is disapproving, even though seven of the 19 states don’t use the laws that allow such suspensions, and the others mostly employ them as threats to get deadbeats to take their responsibilities seriously. Nobody in any of the states loses a license who sets up a payment schedule. Continue reading →

The Diggy Fiasco : Pit Bull Bigotry Madness With A Happy Ending. THIS Time.

/ Jack Marshall / 11 Comments

My post of two years ago about the horrible anti-pit bull website dogsbite.org continues to attract comments from dog breed bigots who have either been deceived by dogsbite, or who go there to confirm their own ignorance. What is remarkable about these posts is that they are almost identical. They repeat the same falsehoods and the same debunked arguments, as if every one of their points hadn’t been thoroughly discredited by experts, dog breeders, researchers, and rational sites like Ethics Alarms. Pit bull hysterics simply will not yield to reality, and they don’t appear to care how many families their disinformation harms and how many loving dogs they kill with the “dangerous breed” legislation they extract from lazy lawmakers.

Here is a recent story showing  how deranged these laws are, their cruelty, and the kind of scenarios dogsbite.org and its fans encourage.

In June 2016, Waterford Township, Michigan, resident Dan Tillery and his girlfriend Megan  purchased their first home. The couple wanted to adopt a dog, and eventually found Sir Wiggleton, a big, white, happy canine nearing the end of his stay at a shelter after 100 days. Dan posted a photo of him with his new companions, with the caption,   “We know this photo is going to break the internet and we apologize, but we had to share…Sir Wiggleton and his new Dad are celebrating adoption day with huge smiles all around!”

Damned if the photo almost did “break the internet.”  But the viral picture of Sir Wiggleton, now renamed “Diggy,” inspired nightmares in some local pit bull phobic, so he or she reported Dan, Megan, and Diggy to the police.

The officers knocked on the door and informed Dan that he had violated Waterford’s ban on owning pit bulls. According to the township, pit bulls and pit bull mixes are considered to be “dangerous dogs.” Obviously Digby was a killer…

This possessing a vicious canine like Digby…

was a punishable crime. The dog police told Dana and Megan that Diggy would have to be returned to the Detroit Dog Rescue or else there would be consequences, even though Diggy’s adoption papers stated that he was an American bulldog. Continue reading →

Morning Ethics Warm-Up, 11/19/17: The Censorious, The Irresponsible, The Topless, The Panicked, And The Soon To Be Dead

/ Jack Marshall / 87 Comments

Good Morning!

1 Good-bye Charlie! To get things off to a happy start this Sunday, let’s ponder the news that Charles Manson’s death is imminent. Good. What’s worth pondering is why our society allowed him to live at our expense since 1969. If the justice system has to maintain some ultimate punishment for the worst of the worst crimes  if only to stake out the position that some conduct forfeits the right to exist in a civilized nation—and it does—then Manson should have shuffled off this mortal coil, or rather had it shuffled off for him.

Mark this down as one more area where California has arrived at the wrong answer to an ethics problem.

2. “Knock-knock!” Who’s there? “Child molester!” Child molester who? “Child molester? What child molester? We don’t see any child molesters…” According to internal  documents, the Jehovah’s Witnesses has instructed congregation leaders, called elders, to keep child abuse secret from law enforcement as a matter of policy since at least 1989.

The religious group’s headquarters, known as the Watchtower, sent a letter in 1997 to  local elders across the U.S  instructing them to send to a written report about anyone currently or formerly serving in a position of responsibility known to be have sexually abused a child. A California appeals court last week upheld an order for the Witnesses to pay $4,000 for each day it does not turn over the documents to the court, and the tab currently stands at $2 million. The ruling stems from a case in San Diego, where a man sued the Jehovah’s Witnesses for failing to warn congregants that a child predator was in among them.

Osbaldo Padron was sexually abused as a child by an adult member of his congregation named Gonzalo Campos. Campos confessed to sexually abusing seven children, but although leaders at  the Watchtower knew this,  they continued to promote him to higher positions of responsibility and took no action to protect tne children he came in contact with.

Nice. I guess I’m not going to be polite and chat with those people who knock on my door with copies of the church’s newsletter—you know, “The Watchtower”?—any more.

Is it possible that everyone in the church’s leadership missed the Catholic Church’s scandal in this area? Nobody saw “Spotlight”? Nobody there has a drop of decency or integrity?

Fascinating. Perhaps after he loses his Senate race, maybe Roy Moore will consider a new gig at the Watchtower. Continue reading →

Comment of the Day: “Morning Ethics Warm-Up, 11/13/17: Rushing In Panic Around My Boston Hotel Room Because I Didn’t Get My Wake-Up Call Edition”

/ Jack Marshall / 324 Comments

“Man! I am BORED out of my GOURD!”

As one might expect, abortion is one of the topics that can be relied upon to spark a lively discussion every time it is raised on Ethics Alarms. This is because abortion is a true ethics dilemma, where valid ethical considerations point in opposite directions. In addition, this ethics dilemma cannot easily be solved by balancing, because determining which of the ethical values involved, personal autonomy and the primacy of human life, should hold the superior priority involves resolving conflicting definitions.Complicating things further is the fact that the three main ethics systems—reciprocity, Kantian ethics, and Utilitarianism— reach disparate conclusions.

The subject of this intense and extensive comment by Zoltar Speaks! is another commenters assertion that the unborn do not qualify as “persons” within the protection of the law because they do not, as far as we know, have self awareness and are incapable of thought. I personally detest this argument, but I’ll leave the exposition to Zoltar. He got extra credit for beginning with the trademark quote that Ethics Alarms uses to designate a “Popeye.“

Here is the Zoltar Speaks! Comment of the Day on the post, Morning Ethics Warm-Up, 11/13/17: Rushing In Panic Around My Boston Hotel Room Because I Didn’t Get My Wake-Up Call Edition:

 

“I ain’t gonna take it, ’cause I can’t take no more!”

My understanding from your comments is that you don’t agree with a lot of what abortion activists use as arguments. However, you’re regurgitating intentionally modified long standing definitions to fit an agenda instead of using the definitions as they are. You are not parsing the words of an existing definition, you are not simply misunderstanding an existing definition, you are literally adding things to the definition of “person” that do not exist in the definition.

You are saying that a person is not a person until they can think and feel, and that is by definition false (see below.)

You say that “intelligent, informed pro-choice advocates” talk about thinking and feeling is when a person becomes a person.  I don’t care who presents that as an argument, it’s false. It is literally uninformed, and since you used it in this way it is literally showing a low level of intelligence. It’s bastardizing the English language into agenda-driven rhetoric:

Bastardizing: corrupt or debase (something such as a language or art form), typically by adding new elements.

I looked up as many definitions for the word “person”  as I could find and I found an obvious common thread: Person: A human being regarded as an individual. A human individual. A human being. A human being as distinguished from an animal or a thing. An individual human. The common thread is human and individual. Tthere is nothing in any definition I could find that could be construed as holding that a person is only a person if he or she can think and feel.

 Human Being, furthermore, is a man, woman, or child of the species Homo sapiens, distinguished from other animals by superior mental development, power of articulate speech, and upright stance. Is an unborn child a human being? Yes. Continue reading →