Law & Law Enforcement

Clearly, This Is Never Going To Stop Until The News Media Gets What It Wants, Or Loses All Credibility…

/ Jack Marshall / 92 Comments

[ I cannot begin to express how much I resent having to keep writing posts on this topic.]

The New York Times  has reported  that a Russian lawyer ( Various reports use the intentionally sinister addition “with ties to state-owned enterprises and to a senior government official.” which simply means that the lawyer had represented them. This isexactly  like saying that a criminal defense lawyer “has ties to the mob”because he once represented a gangster. It is despicable journalism, biased and misleading) met with Donald Trump, Jr., Paul Manafort and the President’s son-in-law, Jared Kushner, having been told that she could offer access to negative information about Hillary Clinton. The three members of the Trump campaign quickly discovered that she could not, and wanted to lobby the group on another matter.

Don Jr. said in a statement that he had met with the lawyer, Natalia Veselnitskaya, at the request of an acquaintance and denied that he received any information on Clinton.

“After pleasantries were exchanged, the woman stated that she had information that individuals connected to Russia were funding the Democratic National Committee and supporting Ms. Clinton,” he said. “Her statements were vague, ambiguous and made no sense. No details or supporting information was provided or even offered. It quickly became clear that she had no meaningful information.”

Trump Jr. added that Veselnitskaya  changed the subject and began discussing the adoption of Russian children and moved the conversation towards the Magnitsky Act, the  2012 bill that blocks certain Russian officials’ entrance to the U.S. and their use of the U.S. banking system. “It became clear to me that this was the true agenda all along and that the claims of potentially helpful information were a pretext for the meeting,” he concluded.

That’s it. That’s the whole thing. Yet all the news stations and news sites are treating this like it is a smoking gun, proof of impeachable offenses by Donald Trump and crimes by his campaign. There is wall to wall coverage, and it is, based on what we know thus far, nothing at all but anti-Trump hype and more of the apparently endless effort by the news media and Democrats to keep the Russian collusion narrative going without any genuine fuel.

I was saddened to see Richard Painter, a solid legal ethicist who has helped drive traffic away from my favorite ethics site by turning it into his own personal Trump attack page with over-heated theories obviously cooked up by a brain derailed by a Trump obsession. On MSNBC , Richard fumed, Continue reading →

Ethics Quiz: The Neglectful Mom

/ Jack Marshall / 55 Comments

An upstate New York mother allowed her 10-year-old child to shop alone at the LEGO store as she shopped at a different store in the same mall. It appears that the LEGO store’s personnel called the mall’s security, and the child’s mother was arrested and charged with endangering the welfare of a child. The store does have a sign that states that children under the age of 12 must be accompanied by an adult.

Arresting the mother is obviously absurd over-kill. Obviously also, the LEGO store has a right to have whatever policy it chooses regarding unaccompanied children. However the question remains, and is the Ethics Alarms Ethics Quiz of the Day…

Is it irresponsible for a mother to allow her 10-year-old to shop alone if the mother is shopping in the same mall?

Related questions as you ponder: Continue reading →

Ethics Dunce: The Washington Metropolitan Area Transit Authority [ UPDATED]

/ Jack Marshall / 7 Comments

[UPDATE: The original version of this post designated the dunces as the D.C. government. This was not accurate, as reader deery helpfully pointed out. You can read about the baroque and diffuse organization and leadership of the D.C. area’s transit system…currently in bad repair and financial distress…here.  Good luck. The text has been revised to reflect the correction in the title. Frankly, the exact organization of the DC. area Metro is less central to the post than the fact wherever the leadership is, it is government, it is dominated by the local Democratic leadership, and it is censorship. That’s what matters.]

Quick, now: what controversial political position does the above Washington, D.C. area  public transit ad promote?

The Washington Metropolitan Area Transit Authority, the transit agency of the local  and state governments in and surrounding the nation’s capital,  has pulled ads for controversial right-wing speaker Milo Yiannopoulos’ self-published memoir after determining the ads violated the transit system’s policies banning issue-oriented, political and other advocacy advertising.

An independent contractor sells and installs ads across the system, but ultimately Metro’s leaders have the final say…providing that they follow the Bill of Rights. This appears to be a problem for them.

The relevant Metro policies  restricting advertising content include:

  • “Advertisements intended to influence members of the public regarding an issue on which there are varying opinions are prohibited”
  • “Advertisements that are intended to influence public policy are prohibited”

There is no argument here about what the banning of the book ad is: the Transit Authority is engaging in censorship.  This is especially obnoxious for an agency that represents the locality that hosts of the national government, and where the Constitution is on display.  It is also ignorant. Read the damn thing, you politically corrupt dolts. And it is arrogant. The District’s population, stuffed with Democrats like no other jurisdiction, with a majority African-American and conservative-loathing populace, figures to revile a right-wing troll like Milo, and the reliably Democratic riders served by the Metro in Northern Virginia and Maryland are hardly more tolerant of hard-right trolls. But Milo’s name and book cover by no stretch of the imagination are advocacy or efforts to “influence” anyone regarding public policy or “an issue.” Like all ads, here’s the position that it advocates: “Buy this!”

Milo Yiannopoulos is an ugly and cynical right-wing provocateur, but he does not forfeit the protection of the First Amendment because of who he is. When did liberals and Democrats lose their comprehension of this basic democratic concept? What ever the origin of their confusion, it makes them untrustworthy, sinister, and almost as revolting as Milo.

He’ll probably sue the Washington Metropolitan Area Transit Authority for infringing his rights, which it has. He will win. Keep it up, Democrats! Keep indulging that inner totalitarian just screaming to get out.

See what happens.

Comment of the Day: “From The Law vs. Ethics File: The Discriminatory Charlotte Pride Parade”

/ Jack Marshall / 42 Comments

How to construct public policy regarding trans individuals is an increasingly varied and controversial ethics controversy (with another Ethics Alarms post on the topic in progress). This another whiplash ethics area where events and attitudes are moving and evolving too fast for some reasonable people to process. I remember as a child reading a vintage Readers Digest article about Christine Jorgensen and having my father answer my questions about her by saying, “He’s a freak.” The dialogue on the related issues here at Ethics Alarms is always  enlightening, in part because we have the benefit of some very well-informed authorities on the topic.

Pennagain added this impressive post to the latest round in the debate, in response to another commenter’s opinion. Here is Pennagain’s Comment of the Day on the post, “From The Law vs. Ethics File: The Discriminatory Charlotte Pride Parade”:

As far as I could find, the conclusion of Scientific American’s January 2016 article, “Is There Something Unique About the Transgender Brain,” speaks to the results of the all the legitimate studies that have been done to date: . . . given the variety of transgender people and the variation in the brains of men and women generally, it will be a long time, if ever, before a doctor can do a brain scan on a child and say, “Yes, this child is trans.”

So far,  so good. Nothing is proven either way as far as brain differentiation is concerned. But your personal observations are not at that level of science; they are your unsupported (and insupportable) opinions. The problem with that kind of observation is that it can easily be turned on its head, as with “Direct observations by my family, from many teachers and administrators: kids who want attention (for various reasons) tend to come out as trans.”

It’s rather: “Kids who are trans or gay tend to stand out and naturally attract attention.” What’s more, those who observe with knowledge can tell the difference easily.

What’s happening here is a common confusion between sexual orientation and gender identity. As simply as I can put it:

“Gay,” “Lesbian” and “Bisexual” refer to sexual orientation, in other words – who you are attracted to, namely, people of the same gender.

“Transgender” is a gender Identity: how you identify yourself in terms of maleness or femaleness. For a transgender person, the gender identity is one that is different from your biological sex. It can, in fact, have nothing whatsoever to do with whom you are attracted to.

Part of the confusion is that being queer (the word being back in vogue, stuck onto the LGBT as Q) designates one whose gender is known as fluid. In other words, the “stand outs” on the playground and even throughout their lives are those whose behavior is often that of the “opposite” gender. This occurs for two reasons: one is to be born with characteristics of another norm, the other is acquired as a copycat of society in general. What you don’t see,are those boys and girls, men and women, who are identical — naturally, biologically — with “straight” males or females… who can and do “pass”, as it were. Whether they look to you to be butch or femme, they are at home with their penis or vagina.

To get back to the question ‘What is the Difference between Gay and Transgender?’ – one has to do with sexual orientation (who you are attracted to sexually) and the other has to do with gender identity (who you feel yourself to be). Got it?

You are correct in thinking that transgender people, especially when in the (often difficult and painful) process of what is called coming out, used to identify as “gay,” because it was as close as they could come. But they had and have that one differentiation: the conviction and discomfort of being in the wrong gendered body. When a transgender person completes transition, he or she may turn out to have a straight orientation. Or not.

As far as your after finding that society no longer views them as special, have settled back into traditional sexuality goes, you display once again a conventional imagination in an attempt to dismiss both the reality of sexual orientation or gender identity and the complexity and difficulty of coming out against a society — a society that includes your own loved and needed ones — that hates, despises and rejects you. If you really believe this is an attention-getting pose, you are … ill-informed and unable to identify much less re-form your prejudices.

In short ‘What is the Difference between Gay and Transgender?”: One has to do with sexual orientation (who you are attracted to sexually) and the other has to do with gender identity (who you feel yourself to be). Continue reading →

The New York Times’ Smoking Gun Op-Ed

/ Jack Marshall / 20 Comments

Robert Leonard is the news director for the radio stations KNIA/KRLS. He wrote a jaw-dropping op-ed yesterday, one that only could be written and voluntarily made public by someone completely committed to the idea that the news media should decide what the public thinks, and who should run the government. That the New York Times would publish this unethical, biased and anti-democratic screed is signature significance. If the Times editors had any respect for the nation’s democratic processes or the proper boundaries of journalism, it would have regarded the column as risible and an embarrassment to its profession. Instead, the Times published Leonard’s piece in the prime left-hand column of its op-ed page.

Let’s begin with the creepy headline: “Want to Get Rid of Trump? Only Fox News Can Do It.”

No, you arrogant jerk, only democratic elections can “do it.” The entire premise of Leonard’s essay, and it is the premise that the mainstream media now believes, though won’t admit, is that journalists have the power and the obligation to take down a government they don’t approve of. That is what it is trying to do, and that is what the Times is trying to do in concert with the rest. If this was not the case, the Times would not allow such an incendiary headline in its paper.

The op-ed begins with a lie, at least a lie by the kinds of standards applied by the Times in assessing what constitutes “lying” by the President:

“President Trump’s administration is in crisis, consumed by fears of what Robert Mueller, the special counsel investigating Russia’s meddling in the election, might find. Everyone’s lawyering up — even the lawyers have lawyers.”

The Trump Administration isn’t in a crisis according to any facts in evidence. It’s a crisis because the news media wants it to be in crisis, and keeps publishing whispers from leakers  trying to undermine the administration as it says so. Everyone is “lawyering up” is a pejorative phrase intended to imply guilt: in a government investigation, anyone likely to be questioned or come under scrutiny gets legal representation, and this partisan hack knows it. Nevertheless, he is making an innuendo suggesting guilt. Nor does he have any justification that the Trump administration is “consumed by fears of what Robert Mueller might find.” That assumes there is something incriminating to find,  a false assumption, and thus a false statement.

Normally, I would stop reading at that point. This is an incompetently cooked stew of partisan, anti-Trump propaganda, not worth my time, written to appeal to the Times’ “resistance” subscribers. I continued however, because I sensed a vivid illustration of how estranged from objectivity, moderation and responsible writing the Times has become.

The op-ed continues… Continue reading →

Morning Ethics Warm-Up: 7/7/17

/ Jack Marshall / 47 Comments

1. I am afraid that today’s posts may be heavily tilted to the ongoing mainstream media implosion, depending on what other issues surface and what the Ethics Alarms ethics scouts sleuth out. Afraid, because I know that many readers here, like the news media itself (not surprisingly, but tellingly, the legacy news media isn’t reporting this story, but it is being thoroughly reported in the “new”–as in online–news media) want to pretend that it isn’t a story at all. The repeated deflection—they are deflecting, whether the mainstream media defenders can admit it to themselves or not, because the news media is destroying itself with unrestrained anti-Trump bias, and its defenders like anti-Trump bias, as they are suffering from it themselves—is “Isn’t an untrustworthy President worse than an untrustworthy news media?” The answer is absolutely not. A President’s job isn’t to be trustworthy, though being trustworthy is crucial to doing the job and maintaining the vitality of his Office. A President’s job is lead the government and use his power to keep the nation safe, free and prosperous while upholding the Constitution. A trustworthy President is more likely to accomplish those goals, and I insist that a trustworthy (that is, ethical) individual should always be preferred over an untrustworthy one who claims to have more popular policies in mind. Nevertheless, untrustworthy Presidents can have successful administrations, and have before in our history. Moreover, a President who is untrustworthy can be replaced in four years.

We don’t elect journalists. What is happening to our pampered, privileged, arrogant  journalistic establishment cannot be remedied at the ballot box, and indeed impedes effective elections. A news media that increasingly sees its function as manipulating public opinion to serve its own ideological and partisan ends threatens democracy itself. That makes the rogue news media of today a far greater threat than one incompetent President, and the more urgent ethics concern.

How will this professional ethics abdication be addressed and repaired? It must be, and the starting point has to be the journalism field’s  own recognition that there is a crisis.

2. There was a flicker of hope on the self-recognition front yesterday, when former CNN chairman and CEO Walter Isaacson, being interviewed on Bloomberg’s “What’d You Miss, lamented the current state of the media, saying that news coverage and bias was the at least partially at fault for the “enormous political divide” in the U.S.  Now leading the Aspen Institute’s education and policy studies, Isaacson said that the polarization and partisan hostility “have been exacerbated by all forms of media. People are getting more and more partisan.” He also pointedly refused to accept the standard “It’s all Fox News’ fault” rationalization, saying, “I put everybody [in the media] in the category, including all of us, that we can step back from knee-jerk partisan elections…that would be good.”

Isaacson’s statements are too mild and meek, and not exactly a ringing rebuke, but it’s a step in the right direction. I’ll take what I can get. Continue reading →

The Tangled Ethics Of Men, Women, Sexual Harassment,Sexual Discrimination, Romance, Common Sense, And “Vive La différence!”

/ Jack Marshall / 144 Comments

Mike Pence would not have a business dinner with Debrahlee Lorenzana. What’s wrong with him?

Many years ago I did a sexual harassment seminar for a New York law firm. Afterwards, the partner responsible for handling the firm’s EEOC and workplace matters told me that my ethics-based approach to the topic wasn’t sufficiently rigorous, since he believed that innocent contact between employees in the firm could spawn lawsuits. “I refuse to travel with female associates,” he told me. “I can’t be sure what they will think is harassment.”

“Wait,” I asked. “So because you’re afraid of being accused unjustly of sexual harassment, you engage in sexual discrimination?”

He sputtered something and left to arrange his sock drawer.

I think of this conversation often. I thought of it when Vice-President Mike Pence was reported as saying in 2002  that he never had a meal with a woman who was not his wife, and was promptly savaged for it by feminists and the news media. Because the new rules and practices of the workplace have developed amid contradictions and rigid doctrine rather than with attention to whether they were workable or not, Pence and that hypocritical lawyer years ago are both victims and victimizers. It is often impossible to know what ethical workplace conduct is.

The New York Times was happy to bash Pence for his candor as part of a requirement of membership in “the resistance,” but then, as is often the case for the schizoid paper, later competently and objectively examined the issue away from politics. A Morning Consult poll conducted for the paper  found that there is widespread fear of one-on-one situations, male-female interactions in the workplace.  About 25% think private work meetings with colleagues of the opposite sex are inappropriate. Almost 2/3  say it is prudent to be especially wary and sensitive around members of the opposite sex at work. A majority of women, and nearly half of men, say it’s unacceptable to have dinner or drinks alone with someone of the opposite sex other than their spouse. Continue reading →

Oh, Fine. Now I have To Defend Kathy Griffin…

/ Jack Marshall / 29 Comments

Hahaha! Boy, this just fractures me every time…

From LawNewz:

Comedian and actress Kathy Griffin has reportedly been interviewed by the U.S. Secret Service for more than an hour. The investigation is connected to a recent photograph which showed her holding the bloody head of Donald Trump.

Griffin’s attorney contends that the actress was just exercising her constitutional rights.

“She basically exercised her First Amendment rights to tell a joke,” Dmitry Gorin, a criminal defense attorney representing Griffin said. “When you look at everything in the media, all the times entertainers make videos or express themselves in other ways, you’ve never seen an entertainer, let alone a comedian, be subject to a criminal investigation.”

Ugh.

Griffin’s attorney doesn’t have to “contend” that she was “exercising her constitutional right” of free speech, she was exercising that right—-irresponsibly, recklessly, unethically, stupidly, hatefully, but she was still exercising it. There is no question that her disgusting photo was inappropriate and pure hate posing as humor, but never mind: people choosing to be hateful and irresponsible in their public speech should expect consequences, but not from the feds. Of course it chills freedom of expression for Griffin to be subjected to this kind of secret police-style grilling. It is a matter of public record that she is a comedian. It is a matter of public record that she is a professional jerk. Thus it is a matter of public record that she is a no threat to the President….just to a civil culture and good taste. Continue reading →

Morning Ethics Round-Up: 7/5/17

/ Jack Marshall / 73 Comments

Good morning!

1. I’ve always had ethical problems with parole hearings, and thanks to a link sent by Ethics Scout Fred, I really have ethics problems with parole hearings. This story, from New Hampshire public radio, portrays an unprofessional and chaotic process in which parole boards, made up of officials without training or guidelines, insult, bully and deride prisoners to get the answers they want. A sample:

“While they may review cases beforehand, the parole board has only about 15 minutes to speak with people convicted of charges including sex offenses, drug crimes, and domestic violence before deciding if they can live safely outside prison walls. Members receive no training and appointment requires no prerequisite experience. Most of the time, inmates who meet minimum requirements are granted parole.”

Great.

2. Crime naturally makes me think of Chicago, where, it is reported, the wise city managers, led by Mayor Rahm Emanuel (D) are installing a system that requires public high school students to show that they have plans for the future before obtaining their diploma. In order to graduate, students will  have to demonstrate that they’ve secured a job or received a letter of acceptance to college, a trade apprenticeship, a gap year program or the military The Washington Post reports. Emanuel’s plan, approved by the Board of Education in late May, makes Chicago’s the first big-city system to make post-graduation plans a requirement.

“We are going to help kids have a plan, because they’re going to need it to succeed,” Emanuel told the Post. “You cannot have kids think that 12th grade is done.”

Oh, why don’t we just enlist the kids in the Social Justice Youth Corps, give them uniforms and some good progressive indoctrination, and be done with it? This is such an egregious abuse of power and autonomy, as well as parental authority, that the fact that it got a single vote indicates that the culture’s values are coming apart. I’m going to list five things that are unethical about this plan, and invite readers to some up with the doubtlessly large number of others that I missed because its early and the shock of this story fried half of mu brain:

It’s dishonest grandstanding. How are they going to enforce the “plan”? Will Chicago’s Plan Police keep tabs on graduates? Will students who don’t follow the plan be captured and thrown back into high school?

  • It is unfair, coercive. unconscionably narrow. What if a student’s plan is to continue her education by taking a year off and touring the world? What if the student plans on training for the Olympics, or a bodybuilding championship?

What if she wants to go to New York City and audition for shows?

  • The measure demonstrates myopic disregard for the original, the eccentric, the creative, the  bold, the dreamer, the non-conformist and the individualist

But then individualists make poor sheep, right?

  • It is totalitarian. It is none of the government’s business what a student chooses to do after graduation, or when that student decides to it. Here was my plan, fully backed by my parents: spend as much time figuring out what I want to do with my life as it took.

I’m still figuring.

  • It is arrogant. It is disrespectful. It is presumptuous. It is an invasion of parental authority. It is probably unconstitutional. It is wrong.

ARRRRRRRGHHHHHHH!!! Continue reading →

Dear Idiots: Please Stop Making Me Defend The Bigoted Baker

/ Jack Marshall / 88 Comments

I am pleased that the Supreme Court will be taking the case of Jack Phillips, the Colorado baker who refused to sell a wedding cake to a gay couple because, he said, they wanted it to be customized, and doing so would offend his faith.  His claim is based on the First Amendment, which prevents the government from making you say what you don’t want to say as much as it prevents the government from stopping you from saying what you want to.

Colorado’s courts denied that Phillips was doing anything but saying that he doesn’t like or respect gays sufficiently to make the exact same cake for them that he would make for non-gays.  I agree with their holding that his actions violated the public accommodations laws. I wrote when this case first reared its frosted head…

“The court’s conclusion  is impossible to rebut. The cake the baker was asked to bake for the gay wedding differed not at all from one he would normally sell a straight couple. In truth, this had nothing to do with expression. He was just refusing to serve a gay couple because of their sexual orientation. Selling them a standard cake would neither constitute, nor would it be recognized as a “message” in support of gay marriage.

The Court agreed that a wedding cake with a customized message celebrating a same-sex marriage as such might implicate First Amendment speech issues, but “we need not reach this issue,” the court said. “We note, again, that Phillips denied Craig’s and Mullins’ request without any discussion regarding the wedding cake’s design or any possible written inscriptions.”

In other words, Phillips was gratuitously and unnecessarily being a cruel jerk. An alleged Christian who is unable to detect the basic Golden Rule application in treating fellow citizens with the minimal level of respect inherent in allowing them to buy a standard wedding cake requiring no “Yay Gay!” or “Charlie and David Forever!” messages in pink frosting deserves no sympathy or quarter from the law. Could the couple have just shrugged and found another bakery? Sure, they could have. Linda Brown could also have just shrugged and found an all-black school to attend, too.

The gay couple are not the villains here. Jack Phillips broke the social contract, as well as the law.”

Now that SCOTUS has decided, by agreeing to review the case,  that he has perhaps a scrawny, shaky legal leg to stand on before they kick it out from under him, Phillips and his lawyer are taking a premature victory lap, as if making it quite clear that you think gays are second class citizens is something to be proud of (and, sadly, too many still think it is.) Their publicity campaign took them all the way to The View, a wise choice. After all, nothing can make an unethical position seem more persuasive than when it is being attacked by idiots, and idiots of the left-wing persuasion are pretty much what ABC’s “Six Opinionated Female B and C List Celebrities Sitting Around Slamming Conservatives”  daytime show has to offer. (To be fair, the show usually has one even dumber right-wing idiot on hand to make the left-wing idiots seem astute by comparison.) Continue reading →