Law & Law Enforcement

A Federal Judge Gets Benchslapped For An Unethical Times Column

/ Jack Marshall / 8 Comments

On May 24, 2024, while Supreme Court Justice Jackson was dreaming of playing “Medea,” The New York Times published an op-ed entitled, “A Federal Judge Wonders: How Could Alito Have Been So Foolish?” by Senior Judge Michael A. Ponsor of the United States District Court for the District of Massachusetts.  Judge Ponsor addressed the flying of an upside-down American flag and the “Appeal to Heaven” flags outside homes owned by Supreme Court Justice Samuel Alito, a controversy covered thoroughly on Ethics Alarms.

The ethics verdict here was that the controversy was contrived, and that the attack on Alito was politically motivated, biased, and wrong. Judge Ponsor, however, opined that “any judge with reasonable ethical instincts would have” recognized that the flag displays were improper because they could be perceived as “a banner of allegiance on partisan issues that are or could be before the court.”

Let me inject here, “Sure, by an idiot!” “The appearance of impropriety is a reason-based standard. “Hey, this SCOTUS judge’s wife flew the same flag that began the HBO John Adams series: that must mean that her husband is in the bag for President Trump!” is not a reasonable perception.

Continue reading →

On the ABC $16 Million Libel Settlement

/ Jack Marshall / 12 Comments

ABC News agreed last week to pay $16 million to settle Donald Trump’s libel case over George Stephanopoulos’s “This Week” broadcast in March, in which he repeatedly said, while interviewing Republican Congresswoman Nancy Mace, that Donald Trump had been “found liable for rape.” He had, in fact, been found liable for sexual assault but not rape, and this had been well-publicized at the time.

Trump sued ABC, and I assumed it was a nuisance suit made for effect rather than in expectation of winning. In fact, I regarded it as this close to being frivolous. That it wasn’t was proven by the settlement.

News media fans (I am not one) and journalism advocates are apoplectic over the settlement, believing that it weakens the “power of the press” to distort, lie and manipulate public opinion as the news media has been doing increasingly and shamelessly in one direction on the ideological scale for more than two decades. Good. The news media is careless, reckless, arrogant and unprofessional, as well as unaccountable. If the ABC defeat makes them a little bit more wary and careful to be sure of their facts, it is to everyone’s benefit, including journalists.

It couldn’t have happened to a better target than Stephanopoulos. He is a partisan hack, and never should have been allowed to pretend to be a journalist after serving as one of Bill Clinton’s henchmen. The Times v. Sullivan case requires that a journalist must demonstrate actual malice toward a public figure before a defamation suit gets past the First Amendment, and in most cases miscreants like George are saved by their own incompetence. I was certain that he would be saved this time— ah, rape, sexual assault, tomato-tomahto, who cares, what’s the difference. Of course, everyone knows except maybe Ethics Alarms vigilante press defender “A Friend” that Stephanopoulos and about 90% of his colleagues are hostile to Donald Trump, but general antipathy is usually not enough to show malice.

Continue reading →

Justice Jackson’s Broadway Adventure: Double Ethics Standards…Again

/ Jack Marshall / 7 Comments

“Here come de judge!”

Above are some examples of SCOTUS Justice Ketanji Brown Jackson making a spectacle of herself in her Broadway turn last weekend in the musical “& Juliet,” a LGBTQ adaptation of William Shakespeare’s “Romeo & Juliet.” Jackson portrayed Queen Mab, described as a “she/her” character on a production poster, in two scenes written especially for her. “I just also think it’s very important to remind people that justices are human beings, that we have dreams, and that we are public servants,” Jackson told“CBS Mornings” prior to the performance. One of her dreams was apparently to be an actress, long ago. (She made the right choice going into law.)

Except that judges, and especially Supreme Court justices, don’t have the option of doing whatever they feel like or dream about, as least if they are conservative justices. All of the criticism of the Roberts Court in the past few years has been over alleged ethical violations by the Justices making up the 6-3 conservative majority. The Justices appointed by Democrats Obama and Biden are, of course, as pure as Ivory Soap. And yet…

Continue reading →

Vanity Plate Ethics, 2024 Edition

/ Jack Marshall / 4 Comments

It looks like this is going to be one of those topics that I have to revisit every couple of years or so. In 2018, Ethics Alarms challenged the ethics of a state denying permission for drivers to have whatever vanity plates on their cars that their egos, senses of humor, or general sophomorishness dictated. Then I wrote,

“Utah, for examples, bans vanity plates with profanity, “derogatory language,”  drug references,  sex talk, references to bodily functions, “hate speech,” targeting a particular group, or advocating violence advocates, as well as alcohol references and the number combo “69.” Ethics verdict: None of their business. These are words and numbers, and the state is declaring content and intent impermissible. When I see a car with an obnoxious vanity plate, I’m grateful. This is useful information. Racist or vulgar plates translate into ‘I am an asshole, and want you to know it!'”

The issue came up again in 2022. Illinois, in its infinite wisdom, had banned plates reading HATER, COVID, BYOB, and, perhaps on the theory that it meant “drooling basket case,” BIDEN. This time, it is that bastion of free speech repression (one way or another), California, that has decided certain combinations of numbers and letters should be censored as too painful for human beings to bear. The plate was issued and read LOLOCT7. I’ll give you a minute to figure out what the alleged offense was…

Continue reading →

At the University of Michigan, A Controversy Reveals Dishonesty and Hypocrisy Underlying the DEI Fad

/ Jack Marshall / 4 Comments

If Donald Trump accomplishes nothing more in his next four years than ending the nation’s tolerance to open borders while fawning over “good illegal immigrants” and driving a metaphorical stake through The Great Stupid’s DEI fad, electing him will have been worth all chaos that will come along with it.

DEI thrives as a hypocritical way to discriminate against white men and shift to a society based on rewarding achievement, diligence and ability to one based on group membership. That makes it un-American to the core. At the University of Michigan, the “director of the university’s office of academic multicultural initiatives”—you know, DEI—spoke out at a conference of such officers the university to opine that her university was “controlled by wealthy Jews and that because Jewish students are “wealthy and privileged” the don’t need diversity services. “Jewish people have no genetic DNA that would connect them to the land of Israel,” Rachel Dawson was quoted as saying.

Continue reading →

To Defenders of the Biased Mainstream Media: Ethics Alarms Challenges You to Find An Innocent Explanation For Why the NYT and WaPo Don’t Regard This Story As News [Expanded]

/ Jack Marshall / 19 Comments

Heck, even CNN reported it (but not MSNBC). Crystal Mangum, the exotic dancer who in 2006 accused three Duke lacrosse players of rape launching an ethics train wreck that ended up costing the city of Durham damages, derailed the academic careers of the three students, got the lacrosse team coach fired, and resulted in a rare instance of a prosecutor being disbarred, finally admitted what everyone should have figured out by now.

“I testified falsely against them by saying that they raped me when they didn’t, and that was wrong. And I betrayed the trust of a lot of other people who believed in me,” Mangum announced on the podcast “Let’s Talk with Kat.” “I made up a story that wasn’t true because I wanted validation from people and not from God.”

Oh.

What?

Continue reading →

From the Res Ipsa Loquitur Files:

/ Jack Marshall / 10 Comments

The New York Post reports that wanted posters targeting CEOs of insurance and other health care companies are appearing in Manhattan. Some say “HEALTH CARE CEOS SHOULD NOT FEEL SAFE” and include the words “DENY,” “DEFEND,” and “DEPOSE,” which are the same words that the cute assassin who shot UnitedHealthcare’s CEO wrote on his bullets. The posters also feature each executive’s salary, and some have appeared with the photos of CEOs of non-health care companies, like Goldman Sachs. ABC reports some posters say “UnitedHealthcare killed everyday people for the sake of profit. As a result Brian Thompson was denied his claim to life. Who will be denied next?”

Continue reading →

Ethics Dunce (And Ethics Corrupter): John Pavlovitz

/ Jack Marshall / 17 Comments

Quotes by his guy, a defrocked Methodist pastor known for his social and political activism and “writings from a liberal Christian perspective,” (I’m quoting Wikipedia there) always start popping up on social media this time of year. He’s been quoted a lot on Facebook especially lately because he is a vocal advocate of the idiotic “Mary and Joseph were immigrants too” analogy used by nice, deluded people to justify open borders and illegal immigrants.

These memes are notable because their emotion-based, legally and ethically bonkers argument is even more absurd than the one that claims the U.S. should let everybody in because the Statue of Liberty says so. I think I banned a commenter this year for using that one, invoking the Ethics Alarms “Stupidity Rule.” I will do the same if someone makes the “we should let illegals in because all they want is better lives for their children just like Mary and Joseph” argument. The same logic justifies theft. This is how shoplifting became legal in California.

Pavolovitz, who has about 374,000 followers on Twitter/X, every one of them dumber than when they first encountered him, was at it again this holiday season, posting after the election last month, “It’s good the Christians excited about the mass deportation of immigrants weren’t in Egypt when Jesus’s family fled there, or we’d have a much shorter Bible.”

It’s unethical to use one’s influence and reputation to make people ignorant and stupid: that fatuous statement (and his many like it) marks Pavolovitz as an Ethics Corrupter. I’m assuming readers here don’t have to have explained to them the reasons why analogies between public policies today in the United States and those in the Middle East 2,000 years ago are completely invalid and useless.

When one X-user pointed out to Pavolovitz that his argument was flawed, this modern follower of Jesus replied, “You’re a Trump lapdog. Your opinion of me is irrelevant. Shove it.”

To be fair, that last part is a rough translation of what Jesus said to the Romans…

The Ethics Conflict In The Daniel Penny Case

/ Jack Marshall / 25 Comments

With yesterday’s developments in the Daniel Penny trial, it is appropriate to ponder the various ethical issues involved.

Below I have reposted the 2023 essay titled “Ethics Quote Of The Month: Heather MacDonald.” Its main thrust was to highlight MacDonald’s excellent article about how his arrest and prosecution reflected another outbreak of the “Black Lives Matter” bias of presumed racism. Penny is white, the violent lunatic who was menacing NYC subway riders when Penny stepped in and, the prosecution claimed, murdered him in an act of vigilantism, was black. It is highly doubtful that any prosecution would have followed the incident if the races were reversed. For example, the colors were reversed in the Ashli Babbitt shooting by a Capitol cop on January 6, 2021, and the black officer was not only exonerated but given a promotion.

Yesterday, Judge Maxwell Wiley dismissed the second-degree manslaughter charge against ex-Marine Penny in the death of Jordan Neely at the request of prosecutors after jurors said they were deadlocked on the primary charge. He then told the jury to continue deliberating on  the lesser charge of whether Penny committed criminally negligent homicide when he put the black, disturbed, homeless man in a choke-hold resulting in his death. The dismissed second-degree manslaughter charge carried a maximum 15-year sentence; criminally negligent homicide carries a four-year maximum sentence. While this was happening, Rep. Eli Crane (R-Ariz.) told reporters that he was planning to introduce a resolution to award Daniel Penny the Congressional Gold Medal. “Daniel Penny’s actions exemplify what it means to stand against the grain to do right in a world that rewards moral cowardice,” said Crane, a retired Navy SEAL.  “Our system of ‘justice’ is fiercely corrupt, allowing degenerates to steamroll our laws and our sense of security, while punishing the righteous. Mr. Penny bravely stood in the gap to defy this corrupt system and protect his fellow Americans. I’m immensely proud to introduce this resolution to award him with the Congressional Gold Medal to recognize his heroism.”

You can hardly highlight an ethics conflict in brighter colors than that. Penny could be found guilty of a crime, and at the same time be officially recognized as a hero. An ethics conflict is when two equally valid ethical principles oppose each other and dictate a different result. That’s the situation here, and the answer to the starting point for ethical analysis, “What’s going on here?“

The racially biased motivation for charging Penny may be another example of authorities doing the right thing for the wrong reasons. If you listen to Fox News regarding the trial, you will hear laments that the prosecution sends the wrong message to Americans. One commentator cited the 60-year-old Kitty Genovese incident, which Ethics Alarms has frequently referenced. A woman was murdered as many residents of a nearby apartment complex heard her screams, but none of them called the police or sought to intervene. The prosecution of Penny validates their non-action, the commentator said. It encourages passive citizenship and rejects the duty to rescue.

No, that’s an analogy too far: the man threatening passengers on the subway was right in front of Penny; the people who ignored Genovese’s screams only had to pick up a phone. Nobody held them to blame for not running out to rescue the woman and fight off her attacker. They didn’t perform the minimum acts of good citizenship required in such a situation. Penny’s trial raises the legitimate question of when maximum intervention is justified, and what the consequences should be if something goes wrong.

Does society want to encourage and reward vigilantes? The “Death Wish” movies explored that issue, albeit at an infantile level. At very least, shouldn’t part of the message sent to citizens be that if you choose to intervene in a situation that would normally be handled by law enforcement, you had better be careful, prudent and effective or else you will be accountable for what goes wrong as a result of your initiative? After all, isn’t it certain that a police officer whose choke-hold killed Neely under the same circumstances would probably be tried, or at very least sued for damages (as Penny will be, if he is ultimately acquitted)? Indeed, based on the George Floyd fiasco, Neely’s death at the hands of an over-zealous cop might have sparked a new round of mostly peaceful protests and Neely’s elevation to martyr status.

As a society and one that encourages courage, compassion, and civic involvement, we should encourage citizens to intervene and “fix the problem” if they are in a position to do so and have the skills and judgment to do it effectively. Yet a society that encourages vigilantes is courting chaos and the collapse of the rule of law.  I absolutely regard Penny as a hero, but even heroes must be accountable for their actions. What is the most ethical message to send society about citizen rescuers?

I don’t think it is as easy a question as Penny’s supporters claim.

Now here’s the article from past year:

***

“When government abdicates its responsibility to maintain public safety, a few citizens, for now at least, will step into the breach. Penny was one of them. He restrained Neely not out of racism or malice but to protect his fellow passengers. He was showing classically male virtues: chivalry, courage and initiative. Male heroism threatens the entitlement state by providing an example of self-reliance apart from the professional helper class. And for that reason, he must be taken down.”

—Heather Mac Donald, in her scorching essay, “Daniel Penny is a scapegoat for a failed system”

That paragraph continues,

A homicide charge is the most efficient way to discourage such initiative in the future. Stigma is another. The mainstream media has characterized the millions of dollars in donations that have poured into Daniel Penny’s legal defense fund as the mark of ignorant bigots who support militaristic white vigilantes.

There is no way law enforcement can or should avoid at least exploring a manslaughter charge when an unarmed citizen is killed after a good Samaritan intervenes in a situation that he or she sees as potentially dangerous. Nevertheless, what appears to be the planned vilification of ex-Marine Daniel Penny by Democrats and the news media to put desperately-needed wind back in the metaphorical sails of Black Lives Matter and to goose racial division as the 2024 elections approach graphically illustrates just how unethical and ruthless the 21st Century American Left has become. (I know, I know, we don’t need any more evidence…). Mac Donald’s essay is superb, as many of hers often are. Do read it all, and them make your Facebook friends’ heads explode by sharing it.

Here are some other juicy and spot-on excerpts:

Continue reading →

Ethics Quote of the Day: The New York Times [Link Added]

/ Jack Marshall / 6 Comments

“Mr. Patel has also called for using the Justice Department more aggressively to uncover who in the government is providing information to news reporters, and said that leakers should be prosecuted. He wrote in his book that all federal employees should be forced to submit to monthly scans of their devices “to determine who has improperly transferred classified information, including to the press.”

—Elizabeth Williamson and Charlie Savage in “Kash Patel Has Plan to Remake the F.B.I. Into a Tool of Trump”

The news media is clearly frightened that its various methods of spreading propaganda on behalf of the Left and that totalitarian-leaning cabal’s strangle-hold on the government is imperiled by Donald Trump’s return. The article that the quote above comes from is an excellent example. Good.

Gee, Trump’s FBI nominee Kash Patel  (above) will actually use law enforcement to enforce the law. The Horror. Providing leaks to reporters, from inside the government or from inside any legitimate organization, is a breach of ethics warranting dismissal and civil penalties. For a lawyer to do it is grounds for disbarment. In many instances, leaking to the media by a government employee is illegal. Continue reading →