Law & Law Enforcement

Morning Ethics Warm-Up, 11/9/17: Everyone Behaving Abysmally Edition

/ Jack Marshall / 9 Comments

Let’s scream “Good Morning!” to the sky!

1 The FBI is now complaining that it’s too difficult to break into smartphones, since the Texas maniac, Devin Kelley, had one that has so far resisted cracking. By all means, let’s make sure we have no privacy from government intrusions into our lives and relationships. I’m sure—I really am sure—that the “think of the children!” mob and the “if it saves only one life!” brigade will happily surrender the right to privacy, which is, per the Supreme Court, is also in the Bill of Rights, just like the rights of free speech and the right to bear arms.

The solution is right in front of the FBI anyway.  Just take Kelley ‘s body on a plane trip to Bali, manipulate his dead thumb, and use it to unlock the phone.

2. I see little to choose from ethically between Facebook selling space for deceptive ads to the Russians and CNN selling time on their newscasts for a billionaire to make his personal, dishonest and ignorant demand that President Trump be impeached. I had heard and read about the ad, which is basically Maxine Waters’ warped version of the Constitution and the impeachment clause, with a little Richard Painter thrown in, but I assumed I would have to go online to see it. Nope, there it was this morning during a break on Headline News. Respectable news sources, not that CNN qualifies any more, have traditionally rejected factually misleading political ads from private interests, and a Constitutionally moronic rant from a rich guy with money to burn surely should qualify.

The rich guy is Tom Steyer, who apparently once was an intelligent human being even as you and I. His ad claims that “Donald Trump has brought us to the brink of nuclear war, obstructed justice, and taken money from foreign governments. We need to impeach this dangerous president.” Let’s see: the first is pure hysteria and an attempt to criminalize policy and international poker (I’d argue that the weak response to North Korea by the U.N. and previous administrations has been what has “brought us to the brink,” as well as, of course, the rogue country threatening nuclear attacks and firing missiles over Japan).

The second is a gonzo anti-Trump resistance theory that would be tossed out of any court, except maybe in Hawaii. The third is intentionally dishonest: this is the Emoluments Clause fantasy that holds the discredited theory a hotel owner has to be impeached if he doesn’t sell his hotels. Steyer’s ad also says that that Trump should be impeached for various tweets, half-baked opinions and comments. As one would expect from a  Democratic mega-donor, he apparently believes that speech qualifies as a high crime when it annoys progressives.

Naturally, again as one would expect, Steyer implies in his ad that Bill Clinton, who really did commit a crime as President and really did obstruct justice, was impeached by a Republican Congress for “far less.” This disqualifies him as a serious person.

3. Baseball fans know that Roy Halladay, a near-Hall of Fame pitcher with the Blue Jays and Phillies renowned for his durability until his arm fell off (metaphorically speaking), was killed this week when he crashed his single engine plane into the Gulf of Mexico. Observers say he was flying recklessly, and there is evidence that he wasn’t properly experienced to be operating the plane as he was. In Boston, radio sports jockey Michael Felger went on an extended rant excoriating the dead pitcher for being irresponsible, especially as a husband and father.  Here’s a sample: Continue reading →

Comment Of The Day: “Morning Ethics Warm-Up, 11/7/17: Election Day Edition”

/ Jack Marshall / 20 Comments

JP‘s timely and thoughtful Comment of the Day on #4 in yesterday’s Warm-Up would also be a germane COTD on #3 of this morning’s Warm-up.

Unlike the anti-gun “Do Something!” chorus, JP actually examines the likelihood of two widely proposed gun regulations having any measurable effect on the problem they are supposed to address.

Below is JP’s Comment of the Day on the post, Morning Ethics Warm-Up, 11/7/17: Election Day Edition. 

I’ll be back at the end, with quite a bit, frankly.

I think [the “We have to do something!” response] is virtue signaling because it accomplishes nothing and because doing something just to do something can  be reckless. Mostly, I have been ignoring these incidents because I have no better solution. Americans have a right to own a gun. However, in the increasingly intense aftermath of the 2016 election, I have been amazed at the number of people who I believe to be intelligent that have thrown logic and reasoning out the window. Therefore, I have decided to investigate some versions of “doing something” to see what they might accomplish.

Outside of total gun confiscation, the most common types of gun control proposed are bump stock bans and closing the gun show loophole. According to CNN (take that for what it’s worth) there were 12 bump stocks found on the weapons used in the recent Vegas strip shooting. For those of you who are not aware of what a bump stock is,  it is a device that is attached to the weapon to simulate rapid fire. What it actually does is compensates for the slowness of the user at the expense of accuracy. For example, if you were using an AR-15 you would steady the weapon with your shoulder. If you are pump firing, the rocess involves bracing the rifle with the non-trigger hand, releasing the grip on the firing hand (leaving the trigger finger in its normal position in front of the trigger), pushing the rifle forward in order to apply pressure on the trigger from the finger, and keeping the trigger finger stationary. During a shot, the firearm will recoil (“bump” back) and the trigger will reset as it normally does; then, the non-trigger hand pulls the firearm away from the body and back to the original position, pressing the trigger against the stationary finger again, thereby firing another round when the trigger is pushed back. During this process, it is common for the magazine to be emptied in a quick manner.

Bump stocks cost about $100, though the price depends on the quality. I’ve read that you could do a makeshift bump stock using some rubber bands, making it difficult to regulate. So the question remains, is the bump stock something that should be  available to the public? To me, the answer is no. A bump stock is not a feature of a weapon. As such, banning it does not infringe on  Second Amendment rights. Furthermore, the bump stocks create a loophole in the assault weapon ban. Finally, since its purpose is to sacrifice accuracy for speed, using the bump stocks are dangerous and irresponsible. A smart gun owner knows the importance of environment, accuuracy, and aiming at a target. While it might be fun to shoot quickly, I can see no way a bump stock could ever be used responsibly (though feel free to contribute one). Continue reading →

Morning Ethics Warm-Up, 11/8/17: Featuring The Most Depressing Question You Have Heard In A Long Time. I Hope.

/ Jack Marshall / 55 Comments

Good Morning!

1 Yesterday there was a fascinating article on how the famous opening chord of “A Hard Day’s Night” was (perhaps) made. I have been meaning to make a comment about the new Sirius-XM Beatles Channel, which I had occasion to listen to for many hours while being trapped in traffic jams and construction driving back and forth to Virginia Beach and Richmond, and this is a good time to post it.

I have been getting lousy, dishonest, bait-and-switch service and products with such regularity lately, ranging from an investment firm that couldn’t send the proper forms to give me access to my own money, to Verizon, which has been giving me a six-month runaround while its slooooow WiFi breaks down for days, to Progresso soup, which either decided to put what looks and feels like ground up chicken bones in its vegetable soup, or just the can I bought, that I  had despaired of again seeing anything approaching excellence for the sake of excellence  from a U.S. business until I returned to Disneyland or Fenway Park. The Beatles Channel makes the grade. It isn’t just the songs, which would have made the channel a hit all by themselves. Sirius-XM includes scholarship, history, musicology, rare recordings, interviews, celebrity and non-celebrity disc jockeys and cultural analysis, around the clock, with new programming every day. I’ve sat through college courses that were less thorough, and too many courses to count, in both college and graduate school, that were less informative and valuable. There are some things worth paying for, and products that are better than you expected!

2. The New York Times  headline after a hard day’s night for the GOP in Virginia and New Jersey: DEMOCRATS SCORE TWO BIG VICTORIES IN TRUMP REBUKE.

I’m sure it was the koi.

This is flagrant spin and distortion, and unethical journalism. The New York Times should just put “You hate the President, you know you do” on the banner. The Times didn’t call last November’s across the board rejection of Democrats in state house races and Congress an “Obama rebuke,” though it was, and the results in Virginia and New Jersey cannot be fairly pinned on Trump. The two state governors races went pretty much as everyone assumed they would months ago. New Jersey’s result, from a very Democratic state, was a predictable rejection of its spectacularly failed and detested Republican governor, and Virginia’s election of a moderate Democrat over a Republican who tried to both reject Trump while trying to hitch-hike on some of his better positions was predictable as well.

I would also guess that the Donna Brazile revelations about the Democratic Party’s corruption is not on  typical voter’s radar, so the wave of self-hating Democrats staying home that some predicted did not materialize. The Texas shooting, however, probably activated the always vigorous “The Constitution be damned, think of the children!” knee-jerk progressive block to go to the polls.

By now the Times’ routine propaganda tricks are no surprise, but the practice of attaching editorial comments connoting negative implications for the President is neither fair nor objective. But then, the news media knows this: it is attempting a coup by poisoning public opinion. This is the major ethics story—and ethics crisis—in the nation today, and has been so for a year.

3. Now a compliment to the New York Times. Finally, someone wrote an relatively honest article regarding the causes of mass shootings in the U.S. “What Explains U.S. Mass Shootings? International Comparisons Suggest an Answer” is the online version; the print edition headline is “Only One Thing Explains Mass Shootings In The United States.” Both headlines are misleading—the Times has a headline problem—but the article’s main point is correct: “The only variable that can explain the high rate of mass shootings in America is its astronomical number of guns.”

Not inadequate laws. Not enforcement. Not crazy people. Not crime. Not the NRA.

Just lots of guns.

Thank you.

The Times also correctly hints at—it could have and should have done more than hint—why we have more guns than any other country:

In the process of making a comparison between the US and Switzerland, which as the country with second highest gun ownership rate has far fewer shootings (Fun Facts! Switzerland, like Australia, isn’t the United States, and the Swiss, like Australians, are not like Americans), the Times notes,

“Swiss gun laws are more stringent, setting a higher bar for securing and keeping a license, for selling guns and for the types of guns that can be owned. Such laws reflect more than just tighter restrictions. They imply a different way of thinking about guns, as something that citizens must affirmatively earn the right to own.”

Translation: The United States protects and guarantees the inherent human right to self-defense and autonomy, and Switzerland doesn’t. In the U.S., the wise Founders, government doesn’t have to grant you the right to own a gun; you already have it. Or in other words, Switzerland isn’t the United States. (See above.) God bless America.

The Times continues under the heading “The Difference is Culture”:

“The United States is one of only three countries, along with Mexico and Guatemala, that begin with the opposite assumption: that people have an inherent right to own guns.The main reason American regulation of gun ownership is so weak may be the fact that the trade-offs are simply given a different weight in the United States than they are anywhere else.”

“May be”? That’s exactly why Swiss-style “regulation”—as in “We tell you if you can own a gun and what kind of gun you ‘need., Citizen!”—isn’t an option in the U.S. The Constitution also gives the right to speech a different “weight” than other cultures do, and the amount of certainty required to send someone to prison, and when the police can search your home, and many other examples where this nation and this culture insists that individuals and individual rights come first, not government power. The fact that the United States accepts the costs of individual liberty is what makes it the United States.

There are so many guns in the U.S. because Americans like guns, and in this country, people generally can make and get what they like. They should like guns: the United States,more than others, owes its existence to guns. Our most popular entertainment involves guns. Most of all, the #2 mandate in the Bill of Rights guarantees that every citizen begins life with the right to own guns.

Mass shootings are a side effect of the Second Amendment and the core individual right to be armed. The only way to reduce such shootings is to eliminate that right and confiscate guns. Either the currently vocal anti-gun zealots understand this and are lying, or they don’t, and are ignorant.

[The National Review has some legitimate criticism of the Times data analysis, but it doesn’t affect the validity of the Times general conclusion.]

4. Here’s the depressing ethics note of the day, or perhaps the year. On the first day of jury deliberations at the bribery trial of Senator Robert Menendez, a juror asked the judge a basic question: “What is a Senator?”

I guess a necessary voir dire question or two was omitted by the lawyers .

The judge should disqualify that juror.

Ethics Quote Of The Week: The New York Times, Regarding Legal Ethics Dunce David Boies’s Ride On The Harvey Weinstein Ethics Train Wreck

/ Jack Marshall / 27 Comments

There are a lot of ethics issues, legal and otherwise, flying around in the shocking—this really is shocking—revelation that lawyer Al Gore’s Supreme Court lawyer (and loser) David Boies was working to help Harvey Weinstein intimidate and discredit the women who were preparing to accuse him of sexual harassment, sexual assault, and rape.

The New Yorker reports in an investigative reporting piece that the Boies firm was retained by Weinstein, and on his behalf hired Black Cube, an investigative company run by former Israeli intelligence agents to prevent the publication of abuse allegations by creating profiles on the targeted accusers, often using pretexting–that is, lies— to gain access to proprietary information. Black Cube’s work included psychological profiles and sexual histories of the potential Weinstein accusers. The engagement with Black Cube  was presumably run through Boies Schiller Flexner  to place the shady matter under attorney-client privilege.

David Boies personally signed the contract with Black Cube, which, according to the New Yorker, was to obtain ” intelligence which will help the Client’s—that is, Weinstein’s— efforts to completely stop the publication of a new negative article in a leading NY newspaper” and to “obtain additional content of a book currently being written [that] includes harmful negative information on and about the Client.”

Did you see “Michel Clayton,” where George Clooney played a law firm’s “fixer”? That’s what Boies was doing here. “Fixing.” And fixing is a dirty business.

That “leading NY newspaper” was and is the New York Times, which, as we now know, was readying its own sensational story regarding the accusations against Weinstein.The New York Times was also a client of Boies Schiller Flexner, though on unrelated matters, hence the statement above. Unsurprisingly, the Times has sacked Boies and his boys.

[Aside: Here’s a lawyer ethics practice tip. If a client asks you to contract with a company called “Black Cube,” “CHAOS,’ “The Legion of Evil,” “The Black Hand,” or “Murder, Inc.”, just say no.]

Some ethics questions and answers: Continue reading →

Morning Ethics Warm-Up, 11/7/17: Election Day Edition

/ Jack Marshall / 42 Comments

Good Morning!

1 It’s a rainy election day in Virginia, and the Democrats must be worried, since they are in full race-baiting mode. I know it was click-bait, but I check out the political sites and news aggregators on the right, hard right, middle, left and hard left, and here was ThinkProgress’s headline: Explicit racism is on the ballot today: If Ed Gillespie wins, the GOP’s transformation into a Trumpian racist party will be complete.

Read the post. If this is the way mainstream Democrats are thinking these days, either the country is doomed or the Democrats are. The essay shows that progressives have learned nothing, literally nothing, from Hillary Clinton’s defeat, especially the part of it that emanated from her express contempt for anyone who doesn’t cheer for the au currant leftist cant. If you don’t vote Democratic, you are deplorable—a racist, a sexist, a mouth-breathing moron. Such dehumanization of political and ideological opponents is anathema to democracy; its is the beating heart of totalitarianism. “You are unworthy of making decisions that affect us, the wise and virtuous, but don’t worry, we will use our power over you  for the greater good.” Now voting for unremarkable conservative  Ed Gillespie is explicit racism.

Just like Donald Trump. You see Gillespie wants to enforce immigration laws—this means he is xenophobic. He objects to NFL players making incoherent, revolving topic protests during the National Anthem, which means he’s anti-black, though many of the Kneelers aren’t black—but then Michael Brown was black, and had his hands up. Or something. All right, maybe he’s not the best person to be protesting over. Ask Colin Kaepernick to explain it. He’s Rosa Parks. Finally, Ed Gillespie opposes tearing down statutes of 19th Cnetiry historical figures because the increasingly radical Left wants to veto the nation’s history as part of its indoctrination strategy. This means, says ThinkProgress, that he’s pro-slavery, you know, just like John Kelly.

Barack Obama and his party were so effective at demonizing political opposition by calling critics racists and sexists that this malignant, democracy-curdling tactic is now a reflex with Democrats. It is unethical, dishonest and destructive. If Ed Gillespie wins, it might just show that smart, principled people are sick of being denigrated for having the ability to resist political correctness groupthink.

2. It’s also election day in New Jersey, where the almost certain election of a new Democratic governor puts an exclamation point on the fall of Chris Christie. A moderate conservative Republican with brains, guts (stop it), and communications skills, Christie might have shown how a balanced governing philosophy built on bi-partisan cooperation and compromise could work in a famously unethical state, and, with success, have led the national Republican Party away from divisive politics and toward responsible leadership. (Bill Clinton once had the same opportunity from the Left.) Christie, however, failed miserably, and it was largely (I said stop it!) a failure of ethics and character, culminating in his unforgivable alliance with Donald Trump. I marked him then as an Ethics Villain, and so he is.

In the end, civilizations flourish or  fall based on able and remarkable people rising to challenges and bringing the best of themselves to public service. I’m trying to think of the last time the United States benefited from one of those people. It’s been a while.

3. Now that Koigate has been debunked as fake news, unconscionable confirmation bias, and a new low of manufactured anti-Trump bile from the mainstream news media, the competition is on to top it. Here’s Mediaite on a “juicy” story from a former Trump bodyguard and aide Keith Schiller, quoting Politico:

“…when the White House kitchen staff couldn’t match the satisfaction of a quarter-pounder with cheese (no pickles, extra ketchup) and a fried apple pie, it was Schiller, bodyguard and Trump whisperer, who would head down New York Avenue to McDonald’s on a stealth fast food run.”

Headline: “Trump Bodyguard Went On McDonald’s Runs for POTUS Because WH Chefs Couldn’t Replicate Quarter Pounders.” I’m sure Maxine Waters, Charles Blow, Larry Tribe and Richard Painter will soon explain why this is impeachable. Abuse of power. Bad taste. If Trump owned MacDonald’s, it would be self-enrichment.

The post also has a fat joke about Chris Christie. Continue reading →

Ethics Quiz: “The Stickering”

/ Jack Marshall / 58 Comments

More than a dozen handmade stickers reading “It’s okay to be white” were posted around overnight in Harvard Square earlier as well as around the nearby Harvard Law School campus.

Law School Dean of Students Marcia L. Sells, who is black, wrote an email to law students in the wake of what Stephen King might call “The Stickering”:

“It seems likely that these anonymous postings, made in the middle of the night, were provocations intended to divide us from one another HLS will not let that happen here. We live, work, teach, and learn together in a community that is stronger, better, and deeper because of our diversity and because we encourage open, respectful, and constructive discourse”

Your Ethics Alarms Ethics Quiz of the Day—and watch your step!—is…

Do you think posting the stickers was unethical? Do you think the Dean’s response was responsible?

Continue reading →

The Tragedy Of Shahid and Aasia, Or “Murder Isn’t For Idiots”

/ Jack Marshall / 8 Comments

From Pakistan comes this story, which alternatively sounds like a Coen Brothers black comedy or that lost Shakespeare tragedy, “Shahid and Aasia.”

Aasia Bibi, 21, lived in the small village of Alipur. She was in love with a young man, Shahid Lashari, but her Muslim parents forced her to marry another man of their choosing. After the marriage, Aasia continued to see her lover secretly, and they decided on a desperate plot. Shaid procured some poison, and the bride put it her husband’s milk.

Unexpectedly, he refused to drink it. Maybe it tasted funny: this is what any good “How to Poison Your Spouse” book would have explained. Milk is a really bad drink to poison. Then Aasia left the poisoned milk lying around, and her enterprising mother-in-law used  it to make a traditional yogurt-based drink and served it to 27 members of her extended family.

Wait: how much milk did Aasia expect her husband to drink?  Was she married to the Pakistani Paul Bunyan? Assuming he wasn’t twenty feet tall like Paul, the term “overkill” comes to mind, and appropriately so, for “Oopsie!” does not begin to express the magnitude of her mistake. All of 27 people who drank the yogurt—see, yogurt always tastes like its poisoned— passed out and were rushed to the hospital.  Seventeen of them died. Aasia’s husband, however, remains hale and hearty.

Observations:

1 I liked “Romeo and Juliet” better.

2. Moral luck is a bitch. Still, if you poison food and leave it around, you are asking for random bad things to happen. Usually it isn’t this many or this bad, but you never know. Continue reading →

The Bad Judges And The Law Dog

/ Jack Marshall / 26 Comments

The legal commentariat is much amused by a case out of Louisiana involving  the right to counsel. I don’t think it’s funny at all.

( Oh all right, it’s a little funny.)

Warren Demesme was being interviewed by detectives, not for the first time, about some alleged sexual misconduct with minors. He was read his rights, “Mirandized,” as they say, and said that he understood, and waived those rights. (He could, however, choose to invoke them at any time, per several Supreme Court rulings.)

At some point the interview got tense, and the suspect said,

“If y’all, this is how I feel, if y’all think I did it, I know that I didn’t do it so why don’t you just give me a lawyer dog cause this is not what’s up.”

He was not, however, given access to a lawyer, and when he appealed his subsequent conviction on the grounds that he requested legal assistance and was not accommodated, the lower court rejected his argument, saying that he had not made his desire for a lawyer clear and unambiguous. Incredibly, the Louisiana Supreme Court agreed, writing in part,

The defendant argues he invoked his right to counsel. And the basis for this comes from the second interview, where I believe the defendant ambiguously referenced a lawyer..As this Court has written, “[i]f a suspect makes a reference to an attorney that is ambiguous or equivocal in that a reasonable police officer in light of the circumstances would have understood only that the suspect might be invoking his right to counsel, the cessation of questioning is not required.” State v. Payne (La. 2002); see also Davis v. United States (1994) (agreeing with the lower courts’ conclusion that the statement “[m]aybe I should talk to a lawyer” is not an unambiguous request for a lawyer). In my view, the defendant’s ambiguous and equivocal reference to a “lawyer dog” does not constitute an invocation of counsel that warrants termination of the interview and does not violate Edwards v. Arizona (1981).

Right.

And the vote on the Supreme Court in favor of this indefensible ruling was 8 to 1. 8 to 1!

Forget it, Jack. It’s Louisianatown. Continue reading →

Morning Ethics Warm-Up, 11/1/2017: The New York Terror Attack, Indictment Hype, A New Statue Makes My Head Explode, And Jack Russell Ethics

/ Jack Marshall / 42 Comments

Good Morning, November!

[Programming Note: My original and stated (in the comments) intention was to devote the whole Warm-up to the jaw-droppingly dishonest and contrived media outrage over John Kelly’s completely accurate and reasonable comments regarding the The Confederate Statuary Ethics Train Wreck yesterday. You know, Kelly’s critics should realize when political correctness and false narratives literally require them to argue the opposite of the facts they are using to support their false arguments, that should set off an ethics alarm—but don’t get me started now: I’m going to do the next post on this. There is too much going on not to use the Warm-Up to clear the jam.]

1 I was just nauseated by New York Mayor Bill de Blasio‘s fatuous remarks at the press conference regarding yesterday’s terror attack. Essentially he channeled Michael Moore’s disgraceful riff after 9-11: terrorist attacks are just little bumps in the road that we have to get used to, there’s nothing to be done, it’s a tragedy, but nothing to freak out over, New Yorkers are resilient, the attack failed because the Halloween parade went on as planned, and he’s so proud of the city’s residents  for going on with business and pleasure without submitting to fear and intimidation. Then Governor Cuomo seconded him.

This isn’t the London during Blitz, or Tel Aviv under daily assault by Palestinian scuds. The United States doesn’t have to shrug away terrorists and terrorism. De Blasio’s attitude is politically calculated to undermine serious efforts to stop terrorists from entering the country.  I, for one, do not accept that the future of the United States includes accepting an unacceptable probability that I am going to be blown up, shot or run down by someone, heaven knows why, screaming, “Allahu akbar!”

2. The original sub-title of the Warm-up was going to be, “Now the Left is really starting to scare me.” That title would be appropriate to describe my reaction to yesterday’s tweet by increasingly deranged Times op-ed columnist Nicholas Kristof, who wrote (Remember, Twitter is an invention of Satan to make people destroy their credibility);

“The NYC terrorist had a pellet gun and a paintball gun. Good thing that in NYC he couldn’t buy assault rifles, or the toll would be higher.”

How shameless and obsessed does an anti Second Amendment fanatic have to be to use a terrorist attack employing a truck (to kill 8 and wound 12) as a platform for gun control hectoring? Kristof’s  point was willfully dishonest and ignorant. The pellet gun and paintball gun were irrelevant to the attack. Terrorists are not dissuaded by laws; if Sayfullo Habibullaevic Saipov had wanted to use a gun in the attack, he could have acquired one. Moreover, New York’s gun laws weren’t involved: Saipov was from Florida, where he could have legally have bought all sorts of deadly firearms.

3. Jack Russell Ethics: last night, for no discernible reason, my dog decided to bark furiously to go outside at 2 am, 2:30, 3: 10, 3:25, 3: 48, 4: 12 and again around 5 this morning. This on the first night in over a week when I wasn’t plagued by insomnia. Twice he issued a high-pitched, sharphysterical bark that I have never heard before: Rugby has a large and eloquent repertoire of yips, barks, wheezes, snorts, quacks, purrs, growls and other noises yet to be named; I know what they all mean, but this one was indecipherable.  When Rugby was outside, he didn’t relieve himself; he was in full alert, guarding mode.

I have no idea what was going on. I was finally able to calm him down by curling up on top of the sheets with him, and talking to him quietly about the World series while he happily licked my hands. Eventually the dog fell asleep. I, however, never did. Today is officially wrecked.

Why, Rugby? WHY???

4. The misleading news media reporting on the Special Counsel indictments are another smoking gun example of how untrustworthy and biased our journalism has become. The Manafort-Gates indictment literally had nothing to do with obstruction of justice or the Russian collusion theory, but to listen to broadcast news reports and commentator bloviation on the topic, one would think that the President is minutes away from being frog-marched out of the White House in cuffs. Naturally, the President is annoyed by this. I don’t blame him. Everyone should be annoyed by it.

Ken White of Popehat, a former federal prosecutor, summed up the indictments this way:

“The Manafort/Gates indictment is a fairly standard “kitchen sink” white collar indictment that illustrates the wide array of tools available to federal prosecutors, as well as the power prosecutors have to use an investigation to provoke further federal crimes as leverage against the foolish.”

That nicely describes what happened to the third individual, an obscure Trump campaign advisor who pleaded guilty to lying to the FBI about conduct that wasn’t illegal by any definition. Ken’s entire post is worth reading, as well as linking for your clueless, ranting Facebook friends.

5. This story makes me glad I have the Warm-Up to cover awful things like this without devoting a full post to it, because I would have to devote a full post to it, and the disgust might kill me. Even this short report made my head explode, however. KABOOM.

The District of Columbia, through  the Executive Office of the Mayor,  the D.C. Commission on the Arts and Humanities (DCCAH) and the Marion Barry Commission, is going to spend $300,000 to have an eight foot statute of Marion Barry erected outside the John A. Wilson Building along Pennsylvania Avenue in the nation’s capitol. It is scheduled to be unveiled in for March 6 of next year, Barry’s birthday.

I shall not mince words. I would fall down on my knees and sacrifice a virgin in front of  a statue of Robert E. Lee before I would voluntarily gaze respectfully at a statue of Marion Barry. His most memorable act was getting caught on video smoking crack cocaine with a former mistress, while he was mayor and making regular speeches to inner city school children about the evils of drugs. He openly cheated on his wives while serving as mayor, “catting around” the District late at night, looking for “fun.”. Later he was indicted for failing to pay his taxes, year after year, while serving as an elected official.

As a city councilman after spending time in prison, Barry used tax-payer money to hire his girl friend for a job she was completely unqualified for, then argued that since there was no law against doing that, it was ethical. There is a rationalization named for him on the Ethics Alarms Rationalization List:

4. Marion Barry’s Misdirection, or “If it isn’t illegal, it’s ethical.”

The late D.C. Mayor and lovable rogue Marion Barry earned himself a place in the Ethics Distortion Hall of Fame with his defense of his giving his blatantly unqualified girlfriend a high-paying job with the DC government. Barry declared that since there was no law against using the public payroll as his own private gift service, there was nothing unethical about it. Once the law was passed (because of him), he then agreed that what he did would be wrong the next time he did it.

Ethics is far broader than law, which is a system of behavior enforced by the state with penalties for violations. Ethics is good conduct as determined by the values and customs of society. Professions promulgate codes of ethics precisely because the law cannot proscribe all inappropriate or harmful behavior. Much that is unethical is not illegal. Lying. Betrayal. Nepotism. Many other kinds of behavior as well, but that is just the factual error in the this rationalization.

The greater problem with it is that it omits the concept of ethics at all.  Ethical conduct is self-motivated, based on the individual’s values and the internalized desire to do the right thing. Barry’s construct assumes that people only behave ethically if there is a tangible, state-enforced penalty for not doing so, and that not incurring a penalty (that is, not breaking the law) is, by definition, ethical.

Nonsense, of course. It is wrong to intentionally muddle the ethical consciousness of the public, and Barry’s statement simply reinforces a misunderstanding of right and wrong.

As mayor, he hired cronies, crooks and con men to high ranking posts; many of them eventually went to jail. The D.C. government has never recovered from the culture Barry established. It is still dogged by corruption top to bottom; the last mayor barely avoided a conviction, but seemed pretty clearly guilty of paying off a political adversary to get elected. Barry is a hero to many because he openly, unapologetically, used his office to hire as many blacks as he could, often in complete defiance of any standards or qualifications. Hiring based on race is also called “discrimination.” He used the city payroll as a social welfare program, with the result that the city ran up crippling deficits and debt.

Honoring a corrupt public official as a hero in the District is a catastrophic decision, ensuring that the toxic cultural values that plague the black community in D.C. will not only persist, but that their advocates will have a champion and role model to help them persist. Yet if this community insists that Marion Barry should be honored, crook, rogue, hypocrite and sociopath that he was, that choice should be respected, and respected forever. I would never advocate tearing down Barry’s statue, though if I were a really big pigeon, it would be in my bomb-sights at every opportunity. Indeed, it is important to remember that such a cynical, corrupt leader was regarded as a hero, and why.

Heeeeere’s MARION!

 

 

Further Ethics Observations On The Kevin Spacey Scandal [Part 1 of 2]

/ Jack Marshall / 11 Comments

The comments regarding yesterday’s ethics quiz have been varied and vigorous. As to the quiz question itself,

Is [Anthony] Rapp’s public accusation [against actor Kevin Spacey alleging that Spacey sexually assaulted him 30 years ago when Rapp was only 14] fair, responsible, and ethical?

I have arrived at my answer, and am abashed that I didn’t see it immediately.

No, the accusation was not fair, and it was unethical. It fails all ethical systems. It is a Golden Rule breach: What Rapp did to Spacey is not how he, or anyone would want to be treated. The fair and decent thing would have been to confront Spacey privately.  Maybe Rapp has distorted the incident over time; maybe Spacey is as remorseful and embarrassed by the incident as Rapp has been traumatized by it. All of us would want at least a chance to explain or make amends before being exposed…in Buzzfeed(!?).

Other observations, as Spacey is being metaphorically disemboweled by an angry mob…

  • Rapp also stomped on Kantian ethics, which forbids using human beings as a means to an end. Rapp says his goal was “to try to shine another light on the decades of behavior that have been allowed to continue because many people, including myself, being silent.” Wait: is there a shred of evidence that Spacey engaged in such conduct over “decades”? Is there any indication that Rapp is protecting future teens from his assaults? No, he’s just jumping on a train, joining a virtue-signalling mob engaged on what appears to be a scalp-hunting expedition. His late hit on Spacey didn’t stop a predator (as with Weinstein), didn’t report a crime to authorities (the statute of limitations is long past), didn’t accomplish anything postive and productive involing Spacey at all. I was just symbolic, and Kant, correctly, holds that it is unethical to destroy real human beings to make a political, social or culotural point, in this case the point being, “Don’t stay silent for 30 years if you have been abused, harassed or molested!”

This also fails any Millsian or Benthamist test of utilitarianism. The ends accomplished by Rapp’s accusation consist almost entirely of destroying Kevin Spacey. What else? I suppose its a warning too: anything you did that society will regard as worthy of making you a pariah can be revealed by an angry, vindictive or politically motivated alleged victim at any time, and you will have no recourse. Call it the Anita Hill Principle. That’s not enough of a “benefit” to society to destroy someone’s life. We have the Weinstein example, and the Bill Cosby saga. They were–are?—both serial offenders. Taking out Kevin Spacey based on one very old incident is not a means justified by any end.

  • Upon examination, Spacey’s response was a mistake and an ethics botch on multiple levels. Here it is again:

First, here we have another example of why Twitter is dangerous. Spacey is a smart guy, yet he foolishly, in his rush to deal with this crisis, authored his own rapid response on social media. In the old days, as my late friend Bob McElwaine, Hollywood publicist for Danny Kaye, Dean Martin, Robert Mitchum and many other stars, told me, he job was to make sure nothing attributed to his Hollywood clients was authored by them. Continue reading →