Law & Law Enforcement

In Denver, A Cautionary Tale: Absolute Devotion To Unethical Partisan Doctrine Corrupts Absolutely

/ Jack Marshall / 8 Comments

All right, maybe he’s got a bad temper, but only a xenophobe wouldn’t want him as a neighbor…

Time was when this story would have made my head explode. Not any more. Progressive and Democratic fanaticism regarding the rightness of facilitating and honoring illegal immigrants has been driving that side of the ideological divide farther and farther away from reason and responsible citizenship. This, as horrible as it is, now is just one more incremental step toward madness.

The Left’s strategy of tarring all principled objections to illegal immigration as “racism” and “xenophobia” has mandated that to them all immigrants, legal and illegal, are just immigrants. Thus their furious battle to keep deserving illegal immigrants from being deported (all illegal immigrants deserve to be deported, though it is impractical at this point to do it) slides easily into a passion for preventing deserving legal immigrants from being deported. What legal immigrants—non-citizens who are U.S. visa holders and legal permanent residents do our laws and common sense dictate do not deserve to stay here? The answer is those who commit serious crimes, of course. Non-citizen aliens are guests here. When a guest in your home is caught stealing a vase, or sexually assaulting your daughter, you kick him out, and rightfully so. If America’s guests can’t respect out laws, they can’t be trusted, and if they can’t be trusted, we don’t want them here. We certainly don’t want them to become citizens.

Yet the Denver City Council agreed this week to change to local sentencing guidelines specifically to shield legal immigrants from deportation proceedings when they are convicted of domestic abuse. In a 12-0 vote, council members reduced criminal penalties for several “low-level” crimes, reducing the maximum sentence to less than 365 days in jail because under federal law, a legal alien resident who is convicted of a crime resulting in a sentence of a year or more can be deported.

Can’t have that! Continue reading →

A GOP Candidate Wins A House Seat In Montana Despite Attacking A Reporter The Night Before The Election. What’s Going On Here?

/ Jack Marshall / 66 Comments

Yesterday, in an Ethics Alarms post pointing out that nobody should vote a person who physically attacks reporters, or indeed, who attacks anybody, into Congress, I wrote,

What kind of person would vote for Gianforte after last night’s display? The kind of person who argues that character doesn’t matter in elected officials, only their positions.

And idiots, of course.

Candidate/Thug Greg Gianforte, the Republican candidate, won the election nonetheless with over 50% of the votes. Rob Quist, the Democrat, received only 44%. Does this mean that over 50% of Montana voters are idiots? No, that wouldn’t be a fair conclusion. An estimated 60% of voters had turned in their ballots already, so the Gianforte voters in that batch weren’t necessarily idiots. (As I implied in the post yesterday, the advocates for voting before election day, thus allowing late-arriving information about the candidates—as in, “Hey! This guy is an unstable, volatile jerk with the judgment of a bar room goon!” to have minimal effect on  election results, have embraced an irresponsible, idiotic even, policy.)

Gianforte’s victory illuminate  other ethics issues, hwoever:

1. Addressing supporters in his victory speech, Gianforte apologized to the reporter he body-slammed, the journalists who witnessed the attack, and Montanans, saying “When you make a mistake you have to own up to it. That’s the Montana way.”

Ugh, yecchh, gag, petui!

If that’s the Montana way, why did Gianforte sit back and allow his campaign to blame the episode on the reporter? Remember, the statement from Gianforte’s staff, which is to say Gianforte,  said that the reporter,

“entered the [campaign] office without permission, aggressively shoved a recorder in Greg’s face, and began asking badgering questions….After asking Jacobs to lower the recorder, Jacobs declined. Greg then attempted to grab the phone that was pushed in his face. Jacobs grabbed Greg’s wrist, and spun away from Greg, pushing them both to the ground. It’s unfortunate that this aggressive behavior from a liberal journalist created this scene at our campaign volunteer BBQ.”

That isn’t owning up. That’s covering up, spinning and lying. Does the new Congressman’s apology mean that he acknowledges that his campaign was lying? When will he own up to that?  An apology now is cheap, cynical and meaningless, for Gianforte won, and Montana is stuck with him for two years.

2. A Montana TV station refused to inform its viewers that Gianforte had assaulted and battered a reporter. NBC affiliate KECI, recently purchased by the conservative media conglomerate Sinclair Broadcasting, adamantly kept the report of the attack and the audio of the incident,  arguing that “The person that tweeted [Jacobs] and was allegedly body slammed is a reporter for a politically biased publication.”  That “biased publication” was the Guardian, and the tweeter was Ben Jacobs, the victim. His account was confirmed by reporters from Fox News…you know, that liberal network that is always trying to make Republicans look bad. The anchor of the evening newscast, Laurel Staples, read a statement that said, in part, “NBC Montana takes pride in reporting only verifiable facts from an independent, reliable sources.”

 NBC News, including the Today show and affiliates across the country, played the audio of the altercation between Jacobs and Gianforte, who was charged with misdemeanor assault, indicating that reports of the episode were reliable. Continue reading →

Incompetent POTENTIAL Elected Official Of The Month: Montana Republican Greg Gianforte, or, Ethics Verdict: Anyone Who Votes For This Guy Today Is Irresponsible, And Probably An Idiot”

/ Jack Marshall / 25 Comments

First a classroom fist fight between teachers, and now this.

Last night Republican Greg Gianforte, in a close and closely watched contest with Democrat Rob Quist to fill the open, and only, Montana Congressional seat in today’s special election, snapped and attacked Ben Jacobs, a reporter for The Guardian. You can read the account of a witness (from Fox News) here, and the recording above seems to confirm it. The aspiringg statesman was charged with misdemeanor assault.

Good.

Three newspapers, this one, this one and this one, immediately withdrew their previous endorsements of the Republican in the race.

Good.

Good.

Good.

This passage from The Missoulian’s editorial this morning is a succinct summary: Continue reading →

Comment Of The Day: “Ethics Dunce: Old Town Sport And Health in Alexandria, VA. Why? Because White Nationalists Have A Right To Work Out Too”

/ Jack Marshall / 197 Comments

My initial response to this comment by Spartan on the post about Richard Spencer being harassed while trying to use his gym membership and the gym’s response of kicking him out rather than his harasser was in part:

“A very clear and well-stated exposition of an unethical point of view that many misguided people agree with…thus imperiling our pluralistic society.”

It troubles me greatly that so many intelligent Americans are thinking this way in 2017.

Here is Spartan’s Comment of the Day on the post, “Ethics Dunce: Old Town Sport And Health in Alexandria, VA. Why? Because White Nationalists Have A Right To Work Out Too”:

This guy is a public figure and he will be recognized. He chose to be in the limelight. Gym members are allowed to quit their memberships because they don’t want to work out with an asshole. Now imagine (in liberal Old Town) that 75% of the members decide to quit their memberships at this gym because they don’t want to be around him. The business will now suffer.

I used to go to this gym, and I can tell you that I would not want to be around this man. So, although I would not circulate a petition or demand that the gym expel him, I would quit my membership. And, I probably would tell all of my friends why, so I imagine many of them would quit as well. Also, keep in mind that this gym is super tiny — you are pretty much forced to interact with other members.

In this scenario, the gym might end up closing because of lack of membership. So, this is trickier than you make it out in your hypothetical. I am not obligated, as a private citizen, to be polite or even silent around odious human beings. While I do not support a gym’s decision to terminate membership based on political (although I’m being generous here) beliefs, the fact is that people can vote with their feet.

Continue reading →

Unethical Quote Of The Day: A Lovely, Smart, Trump-Deranged, Left-Biased Facebook Friend

/ Jack Marshall / 69 Comments

“How do we know the Trump administration is racist? well, they’re all white – and if this had been a white student murdered by a black student or immigrant student in what appears to be a racially-motivated hate crime, they’d have plenty say about it.”

—-A Facebook friend who works at Bowie State, exploiting the tragic death of a black student there at the hands of a white student from the University of Maryland, to attack President Trump in a post on his page.

How hysterical, unfair and unethical is this statement? Let’s see:

1.The administration is not all-white. Even if it was, that would not prove it was racist, except in the warped logic of progressives and social justice warriors. People like my friend know Trump is racist because that’s the narrative, and they just decided that he was, mostly by designating as  racist comments that were not, and using race-baiting as substitute for substantive arguments to support their irresponsible love of illegal immigration.

2. The assertion that simply by being white, one must be racist is itself a racist statement. (My friend is white, but this is virtue -signalling on the Left. Denigrate men, whites and conservatives, and that means you are good.)

Addendum: a commenter on the post who had the bad manners to point out that “we know they are racist because they are all white” was a questionable assertion saw his comment immediately deleted.

2. “We know you are racist because we are sure what you would do, though you have never done it.” This kind of reasoning from a faculty member is what Bowie students pay tuition for.

3. In fact, earlier this month a black student attacked and stabbed FOUR white students in Austin, Texas.

The President had no comments, though it was unquestionably a “racially-motivated” crime.  Never mind though, you know he wanted to say plenty.

4. Presidents should have nothing to say about such incidents. They are local, they are single events, they don’t prove anything, and their comments can undermine the justice system and inflame public opinion. President Obama never learned that, repeatedly making inappropriate comments about events that were none of his business, often exacerbating racial tensions, as in his uninformed, slanted statement about the Trayvon Martin-George Zimmerman tragedy. Obama also did exactly what my Facebook friend suggest is racist. He never commented on incidents where whites were the victims, as when Francisco Sanchez, a repeatedly deported Illegal immigrant,  shot and killed 32-year-old Kathryn Steinle in 2015. Does that prove Obama was a racist? Of course not! When you are in the grip of irrational Trump paranoia and hate, these standards only apply to this President, not the previous one. Continue reading →

The Good, Bad Lucky, Unlucky, Legal Illegal Immigrant: Colorado Governor Pardons A Convicted Armed Robber

/ Jack Marshall / 29 Comments

It is  misleading to describe this story as a Democratic governor letting an convicted armed robber escape punishment so he can stay in the US, though that is how it is being reported.

The world has gone mad, but the pardon issued to convicted bank robber Rene Lima-Marinby by Governor John Hickenlooper isn’t necessarily proof of that, though Lima-Marinby’s weird story is.

He came to the U.S. as a toddler in the 1980 Mariel boat lift from Cuba, and had obtained  legal residency. His 2000 criminal conviction for armed robbery when he was 19 caused that status to be revoked. Lima-Marin was sentenced to 98 years in prison for the robbery.

Let me pause. He was 19, and they sentenced him to 98 years in prison.

Then he was mistakenly paroled from Colorado state prison in 2008, 90 years early. I’ve written about these cases before. I hate them. Releasing a prisoner then coming back years later and saying, “Oopsie! Sorry! Our bad! Back you go!” turns a gaffe into cruel and unusual punishment. Unless a prisoner is a serial killer or a terrorist or breaks the law after he is released, the authorities should bear the burden of such incompetence, and any early release should stand.

Lima-Marin is a good example of why this should be the practice. he married, had a child and got a steady job installing glass. It took six years for the state authorities to discover their mistake, and in 2014 they sent him back to state prison for the remainder of his 98-year  sentence.

Yechh. Continue reading →

Comment Of The Day: “The Most Unethical Sentencing Fallacy Of All: Lavinia Woodward Gets “The King’s Pass”

/ Jack Marshall / 26 Comments

I am almost caught up on my backlog of Comments of the Day!

This one, by multiple COTDs author Humble Talent, is really two; I’m taking the liberty of combining his later explication with the original comment, as they follow as the night follows day. The topic is bias and double standards in the criminal justice system, and hold on to your hat.

Here is Humble Talent’s 2-for 1 Comment of the Day on the post, “The Most Unethical Sentencing Fallacy Of All: Lavinia Woodward Gets “The King’s Pass”:

You know, every now and again when I’m feeling adventurous, I go to a place I think will have a whole lot of people that don’t think like me and poke at their sacred cows. You meet all kinds of people, and recently, I was given probably one of the better answers to a gender/race issue from the other side yet.

The original fact pattern is that racial activists will cite disparate impact as a problem at every stage of an interaction with the legal system. Black people are more likely to be pulled over, more likely to be arrested, more likely to be charged, more likely to be convicted, and more likely to receive harsher sentences… All for the same stimulus. All of this, by the way, is true. It doesn’t account for the five-fold disparity between the black and white prison population on a per capita basis, but it is a thumb on the scale.

The juxtaposition is that the disparity between men and women in the justice system is about six times that of the racial disparity I just described. Men are more likely to be pulled over, more likely to be arrested, more likely to be charged, more likely to be convicted, and more likely to receive harsher sentences… All for the same stimulus. Sonja Starr wrote extensively on this, and despite some of her methodology being questioned, there’s general consensus that she was on to something.

So the question is that if someone is deeply concerned about inequality, that they are genuinely interested in justice for everyone, why wouldn’t you be just as, if not more concerned with the gender disparity, than the racial one? Continue reading →

Comment Of The Day: “Reluctant Additional Ethics Notes On A Manufactured Crisis: The Comey Firing Freakout”

/ Jack Marshall / 35 Comments

With so much loose talk about impeachment going around (and by “loose” I mean “inexcusably ignorant”), texagg04’s review of the Constitutional standard for the removal of a President is a gift to readers of Ethics Alarms, and one of the most interesting and informative comments ever to appear here.

He was reacting to a New York Times op-ed, cited by another commenter,  by political scientist Greg Weiner (no relation) titled, “Impeachment’s Political Heart,” in which the author concluded,

“The question is by what standards they should conduct this work, and that question provides an opportunity to correct the mistaken assumption according to which presidents can forfeit the public trust only by committing what the law recognizes as a crime. That is a poor bar for a mature republic to set. It is not the one a newborn republic established. And that is why the idea that the conversation about impeachment is simply a political persecution of a man who is technically innocent of a literal crime not only jumps the investigatory gun. It misses the constitutional point.”

Having studied the issue myself, I immediately rejected Weiner’s analysis (which still is worth reading in its entirety) on the ground that a constantly evolving standard of what is a “high crime and misdemeanor” simply means that Presidents can be impeached for behaving, or governing, in ways that enough members of Congress, the news media and the public don’t like. That is what is being advocated now, and that approach would undermine our democracy, the power of elections, and the office of the President.

My gut response, however, is wan and insubstantial compared to tex’s masterful historical review and astute analysis, which (whew!) reaches a similar conclusion.

Here is texagg04’s fascinating Comment of the Day on the post, “Reluctant Additional Ethics Notes On A Manufactured “Crisis”: The Comey Firing Freakout”…I’ll have one brief comment afterwards:

[Weiner] is making an argument from the same source material I mentioned, chiefly the Federalist papers. I still haven’t found Madison’s own specific arguments regarding it, but I think the source is irrelevant as the body of work published by the Founders (“Federalist” and “Antifederalist” alike) should be read as a single work documenting an internal dialogue, to be used as clarification when and where the final adopted documents possibly contain ambiguity. This could very well be one of those cases. That being said, the body of work by the Founders which may aid in revealing their intent or at least how they believed their philosophy of our political system out to be enshrined in the constitution, isn’t the only body of work used to interpret their intent. There is precedence and tradition, which the author of this article disregards when he says “Our tendency to read the impeachment power in an overly legalistic way, which is ratified by 230 years of excessive timidity about its use, obscures the political rather than juridical nature of the device.”

He’s right in nothing but that many of the earliest drafts and proposed language of the impeachment standards were very vague, such as (not an exhaustive list):

Continue reading →

Ethics Quiz: A Police Hypothetical From, Of All Places, “Diagnosis Murder”

/ Jack Marshall / 31 Comments

Hallmark has launched an all-mystery channel, moving into the territory NBC’s Cloo cable channel abandoned when it went belly-up in February. (The name should have doomed it anyway.) The mainstays of the new channel are a fleet of “Murder She Wrote” rip-offs starring a string of female C-list stars TV and has-beens: Allison Sweeney, Candace Cameron Bure, Kelly Martin and Courtney Thorne-Smith so far. The flagship show is the real McCoy, Jessica Fletcher herself. Take it from me: there is no current scripted drama as trite, predictable or badly acted or written than “Murder, She Wrote”—the closest in years would be Debra Messing’s  idiotic “The Mysteries of Laura,” but that was officially a “comedy.”

Another mainstay on the channel is “Diagnosis, Murder,” which is marginally less terrible than watching in Angela Lansbury collect a check for doing the same thing over and over, in part because I am entertained by Dick Van Dyke doing anything.  ( “Diagnosis, Murder” was a drama, yet still about ten times funnier than “The Mysteries of Laura.” ) Still, I don’t expect thought-provoking episodes on the Mystery channel.

Two nights ago, I was surprised. The episode showed Dr. Dick’s police detective son (played by Van Dyke’s real son Barry, who sounds just like Dad) chasing a perp he had stopped while the man was roughing up a woman in  the park. Barry was chasing him on foot, gun drawn, and in the shadows (it was evening), the suspect quickly turned, stopped and pulled something metallic from his pocket. The officer fired, killing him. Barry’s troubled partner shows up (he had been backing up Barry) and checks the scene as police sirens are heard. He finds a flashlight, not a gun, right by the unarmed deceased man, and Barry says, mournfully, “I though the had a gun” His partner (played by Joe Penny) pulls a revolver out of his  own pocket, wipes it, and places it in the dead man’s hand as he pockets the flashlight. “Don’t worry,” he tells distraught Barry, contemplating his career going down the drain, “It’s clean,” meaning “It can’t be traced.”

The police arrive, and Joe quickly tells them that it was a good shooting, that the victim was armed. Barry knows that his partner has strikes against him already for substance abuse, and to rat him out about the flashlight would end his career for certain, and maybe Barry’s as well. He doesn’t say anything, thus becoming complicit in the cover-up.

Tough one! Continue reading →

When Ethics Alarms Don’t Ring: The Bad Date Lawsuit

/ Jack Marshall / 59 Comments

No story is too stupid for Ethics Alarms!

I’m so proud.

In Round Rock, Texas, Brandon Vezmar took a woman out for a pizza and to see “Guardians of the Galaxy, Vol. 2” , but she texted throughout the film and then left him sitting alone. He texted her, demanding that she  refund the cost of the pizza and the ticket, but she says she refused because “he took me out on a date.”. Now Brandon has filed a claim for $17.31 in small claims court.

Ethics Observations:

1. Brandon’s law suit can be translated as: “Look at me! I’m a big jerk!” I cannot imagine that he will be more successful finding dates in the future. And no wonder she abandoned him.

2. The lawsuit is an abuse of process. He will be lucky if he doesn’t get a dressing down from the judge.

3. Of course he should have let the incident go. This is custom, not contract. The date stunk. That’s a risk you take.

4. The woman, who remains un-named, is a rude jerk as well. She could and should have apologized quickly enough that Big Jerk didn’t have time to complain.

5. There is so much wrong with any two people who can’t locate the social skills and common sense to resolve a matter like this without resorting to the legal system, that it is a near certainty that they will engage in far worse conduct, doing real harm, in the future.

______________________

Pointer: Tim Levier