Law & Law Enforcement

Morning Ethics Warm-Up, 9/10/17: A Creep Places A Bounty On Hillary’s Hair, And More….

/ Jack Marshall / 6 Comments

GOOOD Morning.

1 My weekly assessment of anti-Trump mania based on the New York Times Sunday Review shows mostly petulant complaining. The front page is Trump-less, as is the second. After that respite,this issue is notable for some of the best illustrations yet of a journalistic phenomenon unique to Trump coverage, the “this is so horrible and sinister because it’s taking place under President Trump, even though it is neither unique nor noteworthy, being a condition that has existed for decades or even centuries.” Frank Bruni, for example, gets an entire page to tell us that White House aides who leave the Trump White House cash in, what Bruni calls “the ethos of enrichment.” You will be surprised, or maybe not, to learn that the essay about this new and venal trend under Trump never once mentions the name “Clinton,” the family that made cashing in on White house residency a family business, or do you have another theory why Chelsea Clinton is rich? You see, if Trump/Republicans/Conservatives do it, it’s disgusting because it’s Trump/Republicans/Conservatives doing it. What “it” happens to be doesn’t seem to matter much.

Then there is a “I can’t believe how stupid Trump supporters are” essay by NBC’s Katy Tur that contains this tell: “On election day they trusted his judgment more that they trusted any of us.” Wait: who’s the “us” that is being set up as opposition to a Presidential candidate, Katy? Journalists aren’t supposed to be telling citizens who to vote for, who is trustworthy or who will be a worthy leader. That statement is why so many voters don’t trust you, and also why they shouldn’t.

My favorite, though, a true classic in spin and how to present an issue in distorted terms to mislead the public, is a sob piece by a Yale grad student—yes, if you can write a sufficiently biased and critical essay about the plague that is the Trump administration, you don’t have to be a journalist. Your political biases are enough. In this case, the author is an illegal immigrant, as is every member of her family, so the Times believes that she is the perfect objective commentator on Trump policies regarding illegal immigration. Her theme: “Spreading fear is part of the administration’s plan.”

That plan is called law enforcement and deterrence. The government making life uncomfortable for law-breakers and ensuring that the guilty never feel comfy enough to think, “Well, the heat is off! They’ll never catch me now!” has been an uncontroversial and effective means of ensuring a safe and fair society for centuries. It was the Obama administration that endorsed the novel, bizarre and corrosive policy of telling illegal immigrants, “No problem: just make sure you don’t rape, kill or rob anyone, and you’re golden. Welcome!”

Karla Cornejo Villavicentcio’s piece is called “A lifetime of looking over your shoulder.” Yes, that’s pretty much how every fugitive from the law feels, and should feel.  She quotes Thomas Homan, the acting director of ICE, saying “If you’re in this country illegally and you committed a crime by entering this country, you should be uncomfortable. You should look over your shoulder, and you need to be worried,” as if such an attitude by law enforcement is the epitome of evil, rather than Basic Law Enforcement 101. Cornejo Villavicentcio  tells us that people like her and her family are suffering stress reactions from increased fear of being apprehended.  Solutions: 1) Immigrate legally 2) Don’t break laws. 2) If you do, turn yourself in to authorities, like good citizens are supposed to do.

It is the indignation that comes through these essays that is so infuriating. How dare the government demand accountability for our law-breaking! Cornejo Villavicentcio tells us that her family has lived here illegally for 30 years.

If a newspaper is going to publish flagrantly manipulative junk like this, it would be responsible journalism to include a rebuttal along side it. Opinions are one thing; intentional distortions of the principles of civilization come unacceptably close to disinformation. Continue reading →

Morning Ethics Warm-Up, 9/9/17: The AP Invents A New Misleading Phrase, Deaf Signer Ethics, No Innocent Until Proven Guilty In The NFL, And More…

/ Jack Marshall / 17 Comments

GOOD MORNING!

1 This is the monthly brief warm-up, as I have to be bright-eyed and bushy-tailed at an obscenely early hour and teach the peculiarities of the District of Columbia Rules of Professional Conduct to about 300 lawyers newly admitted to the bar. And those rules are peculiar, notably Rule 5.4, which allows District lawyers to form multidisciplinary firms, with accountants, economists, professional marketers and other non-legal professionals as partners. Such firms mirror entities in Europe that take international business away from U.S. firms, but are regarded as unethical in every other U.S. jurisdiction, and condemned by the American Bar Association.

2. Yesterday I watched Florida Governor Rick Scott give his pre-hurricane warnings, or tried to, since standing next to him was a signer for the deaf, gesticulating and making more elaborate faces than the late Robin Williams in the throes of a fit. I have mentioned this in the context of theatrical performances: as a small minority, the deaf should not be enabled by political correctness to undermine the best interests of the majority. What Scott was saying was important, and could have been adequately communicated to the deaf citizens present by the signer standing off camera. TV viewers could and should have been able to watch a text crawl following Scott’s speech, or closed captioning. Public speaking involves verbal and visual communications, and having a vivid distraction like a professional signer—many of whom feel it is their duty to add broad facial expressions to their translations—is unfair to both the speaker and his or her audience. This is one more example of a sympathetic minority bullying the majority to establish its power. Continue reading →

A DACA Popeye For NYT Pundit Paul Krugman

/ Jack Marshall / 44 Comments

“That’s all I can stands, cuz I can’t stands no more!”

—Popeye, before downing a can of spinach and beating the crap out of someone who richly deserves it.

Readers often accuse me of being angry. I’m almost never angry about the stories I write; I just write that way. In this case, however, I am angry.

Paul Krugman, a nasty, smug, narrow-minded New York Times pundit who epitomizes the infuriatingly common progressive mindset of condescending to anyone who disagrees with his various, so often biased and ignorant positions on a plethora of issues he knows little about and understands less, used today’s op-ed column to call me a racist. Not just me, of course: all the various constitutional scholars and lawyers, elected officials—and Hillary Clinton, once upon a time—who don’t believe that the United States should be obligated to allow illegal aliens to stay in the United States however they got here, or who don’t believe Presidents should use edicts instead of the legal process described by the Constitution to pass laws, or who don’t believe it is responsible or sensible to create incentives for individuals to break our laws so their children will benefit. For they are all racists according to Krugman. And of course,the President is a racist. Krugman writes,

To yank the rug out from under the Dreamers … is a cruel betrayal. And it’s self-evidently driven by racial hostility. Does anyone believe this would be happening if the typical Dreamer had been born in, say, Norway rather than Mexico?

“Rug”: what rug? There was never a rug, just an incompetent  President who wrongly sent the false message that the United States wouldn’t enforce its sovereignty. What the “dreamers” had was a contrived loophole, and loopholes have a way of closing.

“Cruel” : enforcing a law isn’t cruel unless the law itself is cruel. A nation cannot permit illegal immigration, nor can it tolerate illegal border-crossers inflicting sentiment-inducing problems for the nation in which they have no justification for invading. Thus the law isn’t cruel.

“Betrayal” implies that someone has breached a duty on which another had a reason to rely. The United States has a duty to its citizens to enforce its laws. It owes no duty to law breakers, in this case  illegal immigrants whatsoever. If they relied on misrepresentations by cynical and self-serving politicians and activists, it is their own responsibility.

“Self-evidently driven by racial hostility.” When the progressive collective—you know, like Star Trek’s Borg—have no fair, substantive arguments left, crying racism (sexism, homophobia, xenophobia, Islamophobia…) is so routinely the default tactic that I’m amazed they can keep doing it without covering all their mirrors with towels. This is how low they have sunk: “If you don’t see it our way, you are an evil bigot.” That’s it. That’s all they have, when they run out of rhetorical bullets.

If Norwegians were sneaking into the country, using our resources,  hanging around in parking lots waiting to be hired to clean attics, mow lawns and pick fruit, while ducking law enforcement, voting illegally, forging documents, and some of them now and then raping and killing Americans after being depoter multiple times, yes, Paul, you race-baiting demagogue, this would still be happening. Continue reading →

The “Unacceptable Word” Fiasco: OK, Now I Really Want To Know How Many Progressives Seriously Endorse Stuff Like This?

/ Jack Marshall / 23 Comments

I just received an email from the Democratic National Committee urging me to protest Betsy DeVos’s (completely valid and overdue) withdrawal of the “Dear Colleague Letter” by which the Obama Department of Education pressured universities into dispensing with due process when a male student is accused of sexual assault. “Tell Trump and DeVos not to undo President Obama’s policies to combat sexual assault on campus!” it bleats. The e-mail blast (if I ever find out who put me on this list, there will be blood), quotes DeVos, as if this advances their case, as saying, “If everything is harassment, then nothing is harassment.”

The Education Secretary was exactly right, and a story today from Reason shows why.

Joshua Zale, a student at Moraine Valley Community College, was asked by his drama instructor to play a pimp asking for money from another student, playing the role of a prostitute in an improvisation exercise. Improvisation means that the actors work without a script. In the process of the improv, Zale used an “unacceptable word” according to the instructor, who was apparently improvising the role of a fool. The teacher immediately reprimanded Zale, who later insisted on a private meeting to learn why he had been attackedfor using a word he felt was consistent with  the role he had been assigned.  Assistant Dean Lisa Kelsay subsequently accused  Zale of violating Title IX—the weapon of choice in the “Dear Colleague Letter”—and school conduct policies by sexually harassing his acting partner “as a woman.”

No one has yet divulged what this “unacceptable” word was. I have taught improvisation. I am a pretty creative guy, with a fairly extensive vocabulary. I cannot imagine any word, from Pneumonoultramicroscopicsilicovolcanoconiosis to supercalifragilisticexpialidocious to Bill Maher’s favorite, cunt, to “penis breath,” uttered by a child in the opening minutes of “E.T.”, that would be “inappropriate” in an improv, especially in a scene involving a sex worker and a pimp.

As you know, ethics stories often remind me of TV shows and movies. This one (see the video clip above)  reminds me of a famous “MASH” episode, “The General Flipped At Dawn,” in which Harry Morgan, later to play lovable, crusty old Col. Potter, played an insane general. Reviewing the MASH squad, he asks Radar, “Where are you from, son?” Radar answers, “Iowa, sir..” only to have the General scream, “NO TALKING IN RANKS!!!!”

Maybe the improv instructor, Craig Rosen, flipped too. That would be an excuse, at least. But how do you explain the Assistant Dean? Continue reading →

Morning Ethics Warm-Up, 9/8/17: Hybrid Topics! CNN, Hillary, DACA And More…

/ Jack Marshall / 33 Comments

Good morning, all.

1 The Public Interest Legal Foundation, a conservative non-profit public interest group that focuses particularly on voting issues, claims to have data suggesting that Hillary Clinton’s narrow win in New Hampshire in the 2016 election—about 2,700 votes gave her the state—may have been achieved by fraud. A study showed that more than 6,000 voters in New Hampshire had used the state’s same-day voter registration procedures to register and vote.  The current New Hampshire speaker of the House, Shawn Jasper, sought and obtained data about what happened to these 6,000 “new” New Hampshire voters who showed up on Election Day. Most of them are no longer in the Granite State. Only 1,014 have ever obtained New Hampshire driver’s licenses. Of the 5,526 voters who have not, just 3% have registered a vehicle in New Hampshire.  70% of the same-day registrants used out-of-state photo ID to vote in the 2016 presidential election in New Hampshire and to utilize same-day registration.

All of which suggests that it would be prudent if a group other than a right-wing advocacy organization did an unbiased and objective study.  Since Democrats won several top races last year along thin margins, notably Maggie Hassan defeating Kelly Ayotte in the U.S. Senate race by 1,017 votes, some Republicans are claiming that out-of-state voters illegitimately tilted the election. Of course, for all anyone knows, the same-day voters may have voted Republican. The episode does compel three conclusions:

  • Same day registration is a recipe for chicanery. I am suspicious of any elected official or activist who supports it.
  • The Democratic/ mainstream media cant that there is no voter fraud is incredible on its face, and manifestly dishonest.
  • The nation’s lack of eager, objective investigators without partisan agendas is crippling. I don’t believe what conservative sources and pundits conclude about the New Hampshire vote, and I find the lack of interest the liberal national mainstream news media seems to have in the story— on Google, I see New Hampshire sources and conservative sources like Breitbart, BizPac, Fox and the Washington Times—gives the story more credibility, not less.

2. For those who are still having trouble accepting that the DACA was an illegal measure as executed by President Obama, I highly recommend the article by Constitutional law expert Jonathan Turley, who explains why he regarded it as “a flagrantly legislative act by President Barack Obama.”  So did I, but he’s a legal scholar and I’m just a lawyer. From an ethics perspective, my area of expertise, I’m still disturbed at the attitude of the supporters of this Obama’s end-around the Constitution (and others). which can be summarized as, “Let’s see if we can get away with it, because we like the results.” It translates into “the ends justifies the means,” and epitomizes the drift of the Left toward totalitarian methods and philosophy. Continue reading →

From The Ethics Alarms “Law vs Ethics” Files: The Deadly Hexes Of Sally Quinn

/ Jack Marshall / 42 Comments

In a newly published memoir, Sally Quinn, the famous journalist who married iconic Washington Post editor Ben Bradlee and became a D.C. society matron, then a religion columnist, reveals a lief-long obsession with mysticism and the occult. Ouija boards, pentagrams, witchcraft, charms, spells, seances, messages from the dead (like Ben), voodoo, the whole thing: Quinn writes that she has had an  “epiphany” revealing that “believing in magic is as legitimate as any religion or faith.”

I’ll buy that. I wouldn’t say that the next step is an application to Hogwarts, however.

So these are the people who presume to tell Americans what to think, eh? Good to know.

But I digress. In a recent Washingtonian Magazine profile contrived to puff the release of  “Finding Magic,” Bradlee’s widow says that she not only believes in hexes, she’s used them. And they work!

She reveals that, in her less mellow days, she put hexes on three people who promptly wound up having their lives ruined, or ended.

The first, cast in 1969, was spurred by old-fashioned jealousy. Some exotic beauty at a Halloween party inspired lust in Quinn’s beau at the time—and then killed herself just days after Sally cast her spell.

Her second victim was Clay Felker, the longtime editor of New York magazine who oversaw a brutal profile of Quinn in 1973, just before her catastrophic debut on the CBS Morning News. Quinn hexed Felker not long after flaming out at CBS and returning to Washington. “Some time afterward, Rupert Murdoch bought New York magazine in a hostile takeover, and Felker was out,” she writes. “Clay never recovered professionally. Worse, he got cancer, which ultimately caused his death.”

Target number three: a shady psychic who, the autumn after Quinn Bradlee was born, ran afoul of Sally’s maternal instincts. The woman dropped dead before year’s end.

This raises a classic ethics question that I nearly posed today as an Ethics Quiz. I didn’t, because I know the answer and have no doubts about it. (If it’s an ethics quiz, I at least have doubts.) The question would have been:

Ethically rather than legally, is there any difference between Sally Quinn and a murderer?

The answer is no.

I’d say that the first two victims make her the ethical equivalent of someone who is guilty of manslaughter, and the last one, after her first two hexes led to her targets’ deaths, was, again ethically rather than legally, premeditated murder.

Sally says that after the psychic dropped dead, she swore off her Death Hex. That’s admirable. The fact remains, however, the while believing an instrumentality would lead to harm when employed against specific individuals, she employed it, got her desired results, and believed that she was the cause of their subsequent deaths. She also doesn’t express any remorse or regret. Continue reading →

Comment Of The Day: “Deferred Action for Childhood Arrivals (DACA) Ethics”

/ Jack Marshall / 33 Comments

I am very grateful for veteran commenter Extradimensional Cephalopod clarifying explanation regarding how and why adversaries on the “dreamer” issue so often talk past and around each other, with never the twain meeting. The first I heard of the “Honor vs. Compassion schism” was in this 2009 essay in The New Criterion by James Bowman. I should have referenced it before. He wrote in part,

Compassion is a virtue, but it is a private, a face-to-face virtue which almost invariably ceases to be one when it takes on a public dimension. An act of compassion by a government, in the full glare of publicity, is not a virtue but a bid to be given credit for moral superiority.

Bingo.

Here is Extradimensional Cephalopod‘s Comment of the Day on the post,Deferred Action for Childhood Arrivals (DACA) Ethics:

It’s a classic honor versus compassion schism. Honor represents orderly good, enforcing consistency and stability so that society may benefit from people knowing where they stand. Compassion represents chaotic good, making exceptions and doing things that cannot be expected or required so that society can benefit from such kindness. Both are necessary, but they must be balanced against each other.

Because your position is based on honor, and makes sense in that context, it’s impossible for people to rebut it in those terms. Instead, they assert that the harm allowed by not extending compassion outweighs the benefits provided by honor, or they reject the concept of honor entirely. They don’t really understand honor or the harm done by dismantling it. Maybe they never noticed the benefits of honor, and only saw its negative effects, or they were oppressed by an ill-conceived brand of honor. Continue reading →

Unethical Quote Of The Month: Simon Radecki

/ Jack Marshall / 9 Comments

“You probably haven’t seen the news. Can you confirm whether or not your daughter Bridget has been kidnapped?”

–Pennsylvanian Simon Radecki of Northampton County, asking Senator Pat Toomey a question at a public town hall relating to the President’s decision to suspend the DACA.

It’s seldom one sees a deliberate breach of question and answer ethics from a member of the public (journalists breach these all the time, but they also are held to higher standards).Radecki’s question to the Senator qualifies, and is about as odious as the breed gets.

To begin with, the question was framed as a lie, suggesting that there was any report to confirm. It was also vicious, an intentional infliction of emotional distress (a tort), a plausible threat, and a direct Golden Rule breach. Nobody would want to have someone falsely report that his daughter was the victim of a crime or in mortal danger, yet this is exactly what Radecki did to Toomey. To add to the question’s unethical pedigree, Radecki dragged Toomey’s innocent 16-year-old daughter ( Ivanka Trump-hate  notwithstanding, being the child of a Republican is not yet a crime)  into a political controversy, exploiting her and employing her as a tool of partisan attack.

Nice. Continue reading →

Morning Ethics Warm-Up, 9/7/2017: Compromise, Competence, Verrit, A Congressional Jerk, And Democratic Crooks Don’t Matter…

/ Jack Marshall / 34 Comments

Good Morning!

1 President Trump stunned the political world and particularly the left’s “I hate him” news media by crossing party lines and cutting a debt deal with Democratic leaders in defiance of his own hyper-partisan party. One reason they were stunned is because this is what competent Presidents do and are supposed to do in order to govern, and we have just finished eight years with a previous President who was unwilling and incapable of doing it.

This single episode doesn’t make Trump a competent President, but it does show that he is competent in at least one aspect of democratic leadership (Obama was competent at exactly two: appearing Presidential and speaking coherently), and has some guts. The demonstrated ability to negotiate and the willingness to act in the teeth of furious opposition were two characteristics that the advocates of his candidacy cited as justification for electing him.

It is also dawning on some that the structure of the DACA executive order may well be to fashion the measure as a bargaining chip to be cashed in later. This is also the kind of thing competent leaders do.

2. There is a new website called Verrit, which appears to be an openly, proudly, left-biased news source which purports to “verify” news stories, obviously based on its own progressive world view. Verrit founder and CEO Peter Daou told the news media,

“We’re in a time now where you just no longer trust anything that you’re reading,” Daou said. “Facts are now in question. Reality is now in question. So we want to do something where we rigorously vet these facts and we actually stand by our research and put an authentication code on every fact that we put up.”

And what qualifies Verrit as a fair and objective “authenticator”? Apparently it is the virtue of being hard-progressive and anti-conservative to the bone. Here is a recent Verrit collection of its “cards”:

Continue reading →

Morning Ethics Warm-Up, 9/6/17: Comey’s Premature Draft, Obama’s Golden Rule Breach, Newspapers “Protecting Us,”And Thank-You, Boston Red Sox

/ Jack Marshall / 12 Comments

 

1 I want to sincerely thank the Boston Red Sox for giving me, the sole baseball ethicist on the web who also devotes a disturbing amount of his time, energy and passion to following the team, the challenge and opportunity to address a major cheating scandal involving the organization and institution I love. Seriously, guys, thank you. This is exactly what I needed to face after staying up past 1 AM watching the Sox pull out a 19 inning, 6 hour game on Hanley Ramirez’s bloop single to center.

I’ll cover the issue in the next post. Ugh.

2. Ironically, just as the anti-Trump news media was hyperventilating over the fact that the Special Counsel was examining a draft letter by the President regarding his reasons for firing James Comey (draft letters have minimal probative value if any, but you know: Trump), it came to light that in May of 2016, Comey had drafted a statement declining to charge Hillary Clinton or her staff in the State Department e-mail scandal, months before key witnesses (like Clinton herself) had been interviewed or much of the evidence had been reviewed. President Trump, of course, tweeted that this proved there was a “rigged process,” but Comey’s draft is no more incriminating that Trump’s draft. (Now, Loretta Lynch’s meeting with Bill Clinton might suggest a rigged process, but that’s another story.)

Supreme Court Justices have drafted opinions before oral argument; that doesn’t mean they can’t change their minds. It is certainly odd that Comey would have drafted a statement that Clinton would not be indicted so long before the investigation was completed. It is odder still that Hillary’s interview was not under oath, that it wasn’t videotaped, that there was no transcript, and that she was allowed to have representing her as an attorney at the session a top aide who was also a potential witness.

Professor Turley, in a column at The Hill, agrees that the early draft doesn’t implicate the integrity of the investigation, but raises a related issue:

While I am inclined to accept assurances from Comey that he did not finally decide on charges until after reviewing all of the evidence, the details from the Clinton investigation hardly support a view of a robust and dogged effort in comparison to the type of investigation of people like Paul Manafort.

In pursuing Manafort, special counsel Robert Mueller has now enlisted an army of investigators, reached a cooperative relationship with staunch Trump critic New York Attorney General Eric Schneiderman, and actively pursued tax and financial dealings far afield of the original Russian collusion allegations. He also ordered a heavy-handed (and unnecessary) “no knock” search in the middle of the night on Manafort’s home.

The Clinton investigation looks like Club Fed in comparison. Clinton and her staff refused to cooperate with State Department investigators seeking confirm any damage to national security. Key laptops were withheld and only turned over after Comey’s staff agreed to destroy the computers after their review, despite the relevance of the evidence to congressional investigations. Comey then cut five immunity deals with key Clinton staff members, including former State Department staffer, Bryan Pagliano, who set up a server in Clinton’s home in Chappaqua, N.Y., and worked for her at the State Department.

Pagliano refused to cooperate after invoking his Fifth Amendment right against self-incrimination and destroyed evidence after being given a preservation order. Those deals raised the concern over a type of prosecutorial planned obsolescence, making a viable case less likely.

The amusing part is that all of this circles back to Comey’s firing, which was justified by his handling of the Clinton investigation regardless of any other factors.

3. The New York Times today reviews a festival play called “___hole.” That’s not really the title, however, although “___hole” was printed twice as the play title before the Times made this clear. A comment by the reviewer noted that the real title couldn’t “get past the editors.” Continue reading →