Ethics Dunce: Supreme Court Justice Ruth Bader Ginsburg

Justice Ginsberg, not giving a damn.

Justice Ginsberg, no longer giving a damn.

Add one more bit of evidence to the pro- side of the debate over whether there should be a limit to Supreme Court tenure. Justice Ruth Bader Ginsburg, 83 and a cancer survivor, has now apparently entered the “What the hell: I’m going to say what I feel like saying” period of her life. How nice for her. The problem is that there are some things an ethical Justice should not and cannot say.

In an Associated Press interview published last week, Ginsberg opined that a Trump Presidency was too awful to contemplate, saying that she presumed Hillary Clinton will be the next president, and that she didn’t ” want to think about that possibility” of Trump being elected instead. Talking to The New York Times, she said, “I can’t imagine what this place would be — I can’t imagine what the country would be — with Donald Trump as our president. For the country, it could be four years. For the court, it could be — I don’t even want to contemplate that.”  Then, in a CNN interview, she got specific:

 “He is a faker…He has no consistency about him. He says whatever comes into his head at the moment. He really has an ego. … How has he gotten away with not turning over his tax returns? The press seems to be very gentle with him on that.”
Law professor Daniel W. Drezner, who teaches at the Fletcher School of Law and Diplomacy at Tufts University,  minces no words over at the Washington Post, nor should he. Like me, he agrees with Madam Justice on the substance of her remarks about, yechh, Donald Trump. Nonetheless, he writes, Continue reading

Unethical Website Of The Month: “Above The Law”

above-the-law

Stay classy, Above The Law!

Above The Law, which styles itself a legal profession gossip site and half-baked professional ethics watchdog, has been a useful resource for me on occasion, though the commentary of its writers, particularly lead writer Elie Mystal, has often left a lot to be desired ethically and logically. My last four posts regarding Above the Law, going back a year, have been Ethics Dunce entries, and there easily could have been more.

I used to get Above the Law’s stories sent to my in box, as I had subscribed several years ago. Then I noticed that I wasn’t getting them any more, so I subscribed again. I got notices for a few days, then they stopped. Again I subscribed. Again, my subscription vanished.

I just re-subscribed today, and expect that I will again be cut off.

Ethics Alarms has, it seemed, been “unfriended” by Above The Law, because I have had the impertinence to point out the increasingly lunk-headed ethics confusion and partisan bias of the site. Wow, that’s petty!  That’s also cowardly: the site seems to think that if I don’t know about their frequently misguided posts, I wouldn’t be able to criticize them. In fact, they are mostly right. I have now more than once gone many weeks without noticing the lack of the site’s notices in my e-mail. Life without “Above the Law’ is still rich and full of joy.

I did check today, however, which is when I discovered my latest subscription was gone with the wind. While I was responding positively to the site’s invitation to me to subscribe (for the 4th time), I checked the most recent posts, and saw this, from Elie, naturally…

Praising a recent post by a professor who was criticized for openly supporting Black Lives Matter—a group that declares on its website that the deaths of “Alton Sterling and Philando Castile at the hands of police” were “murders” before any investigation or assessment of the events leading up to the shootings has been completed—Mystal’s post, titled “To Be Honest, I’m In No Mood To Explain #BlackLivesMatter To White People Today” reads in part… Continue reading

Ethics Hero (And Author Of Perhaps The Best Facebook Post Ever): Palm Beach Florida African-American Police Officer Jay Stalien

Jay Stalien

When I read published quotes from police officer Jay Stalien’s Facebook page post, now deservedly in the process of going viral, my immediate reaction was that it was a hoax, a measured and well-researched explanation of the racial unrest surrounding police shootings and the Black Lives Matter movement written by a professional pundit  and placed in the metaphorical mouth of a black police officer to give it added power and credibility. It was, in short, too good to be true.

It is true, however, as well as good. To be presented at this time is an act of courage and civic responsibility by Stalien, and his effort redeems the existence of Facebook and social media, not to mention the internet, as few posts have. In the past, someone like Stalien would have to submit a column to a newspaper editor, and agree to cuts and edits that reduced its effectiveness, if his important observations were to have any impact beyond his living room or workplace. Now he can publish himself. The First Amendment has seldom been better served.

The post is very long, but you should read it all, here.  I will only point out some highlights.

He begins, in part…

The following may be a shock to some coming from an African American, but the mere fact that it may be shocking to some is prima facie evidence of the sad state of affairs that we are in as Humans.

I used to be so torn inside growing up. Here I am, a young African-American born and raised in Brooklyn, NY wanting to be a cop. I watched and lived through the crime that took place in the hood. My own black people killing others over nothing….I used to be woken up in the middle of the night by the sound of gun fire, only to look outside and see that it was 2 African Americans shooting at each other.

It never sat right with me. I wanted to help my community and stop watching the blood of African Americans spilled on the street at the hands of a fellow black man. I became a cop because black lives in my community, along with ALL lives, mattered to me, and wanted to help stop the bloodshed.

As time went by in my law enforcement career, I quickly began to realize something. I remember the countless times I stood 2 inches from a young black man, around my age, laying on his back, gasping for air as blood filled his lungs. I remember them bleeding profusely with the unforgettable smell of deoxygenated dark red blood in the air, as it leaked from the bullet holes in his body on to the hot sidewalk on a summer day. I remember the countless family members who attacked me, spit on me, cursed me out, as I put up crime scene tape to cordon off the crime scene, yelling and screaming out of pain and anger at the sight of their loved ones taking their last breath. I never took it personally, I knew they were hurting. I remember the countless times I had to order new uniforms, because the ones I had on, were bloody from the blood of another black victim…of black on black crime. I remember the countless times I got back in my patrol car, distraught after having watched another black male die in front me, having to start my preliminary report something like this:

Suspect- Black/ Male, Victim-Black /Male.

Then Officer Stalien, in the same powerful style, proceeds to answer typical complaints from the black community by presenting  “FACTS” that too many African-Americans, elected officials, journalists and partisans refuse to believe, accept, or comprehend: Continue reading

Hey Uber: Shut Up And Drive.

Ubergunviolence3.sized-770x415xt

Uber, the transportation networking company, now subjects customers seeking to book a ride to a directive calling on them to think about gun violence before they continue the process. When users open the Uber app, they see a message reading, “Our hearts go out to the victims of this week’s terrible gun violence….As we move around our cities this weekend, let’s take a moment to think about what we can do to help.”  Thusly:

Ubergunviolence2

Okay, here’s what Uber can do to help. Stop referring to law enforcement action, even if it’s excessive, as “gun violence.” Stop referring to racially motivated hits, like the murder of the Dallas police officers, as “gun violence,” as if in some alternate universe where there are no guns, Micah Johnson would have hurled spitballs at the officers to show his contempt. In fact, Uber can shut up entirely.

And stop suggesting that the shooting of two individuals in a police confrontation is equivilent to the assassination of five police officers. How despicable.

We saw this kind of arrogant, obnoxious abuse of the customer/service relationship when Starbucks decided it was appropriate to challenge its customers to have dialogue with 20-something barristas about race. Uber knows how to get me to my destination, supposedly. It has no more expertise regarding social and law enforcement policies than my mail carrier, and if he tells me to take a minute to think about gun violence before I can get my mail, I’m telling him to go to hell.

Uber is showing disrespect for its customers and its customers’ time. The company has no right to rob me of a single moment to force-feed me its anti-gun chairman’s political views, and I would say the same if they were pro-gun sentiments. It’s unethical to make me a captive audience for ten minutes, five minutes, a minute or a second. I’m calling for a ride, not indoctrination, not presumptuous attempted enlightenment, not to be told to save the whales, reduce my carbon foot print, vote for Hillary, or think about gun violence.  Continue reading

Further Observations On The Gretchen Carlson Sexual Harassment Retaliation Lawsuit

Fox News

1. I see that six more Fox News employees have come forward in the wake of fired Fox Blonde Gretchen Carlson’s lawsuit alleging sexually harrassing conduct from Fox News head Roger Ailes. New York Magazine’s Gabe Sherman published six accounts from women who say they were also harassed by Ailes, and two of them identified themselves by name.

This doesn’t prove Carlson’s case, but it is typical of harassers that they do not engage in such conduct just once, and typically not with only one employee. That ethics alarm doesn’t ring, and thus this is normal conduct for them that their power and control over employees’ lives allow them to engage in without consequences, until something breaks the dam. Familiar examples are Bill Clinton, Bill Cosby, Joe Biden, Herman Cain, and Senator Bob Packwood. The fact that no other women came out with public accusations that Clarence Thomas had harassed them was strong evidence that Anita Hill’s last-second accusations were a panned political hit.

2. The fact that so many conservative pundits and websites are defending Ailes is revealing regarding both their integrity and attitudes regarding women… and not in a good way. This is one reason the Democratic Party’s “war on women” smear is effective.  The whole sexist vibe of Fox News under Ailes is another reason: I keep expecting Fox to have its female anchors dressed in bikinis and sarongs.

It isn’t just Ailes; it’s Fox. Here are some Fox Sports anchors:

fox-blondes-feature

Don’t get me wrong now: I’m certain all of them got their jobs because of their sterling commentary and analysis, just like Gretchen did.

3. Deluded Ethics Dunce: Greta Van Susteren. Greta, who owes her career to Ailes, pronounced Carlson’s allegations unbelievable, saying, “I deal with Roger Ailes often. I’ve often been alone with Roger Ailes in his office over the course of 15 years and I’ve never seen anything like what I’m reading about in the papers and the magazine.” Ah. So the fact that Ailes didn’t hit on Greta once is evidence that he wouldn’t hit on Carlson. Keen analysis, there, Greta!

It’s  funny: Madeleine Albright and Carly Fiorina said the same thing. Continue reading

Ethics Quote Of The Day: Ann Althouse

politifact_photos_Obama_speaking_in_Poland

Why is racial discord the problem of the summer 2016? If anyone has what it takes to unify the country over race it is Barack Obama, who is President right now and who had been President for 7 1/2 years. If it makes any sense to be deciding the current presidential election on this issue, if this longed-for capacity is something that can possibly exist, then Barack Obama would be doing it now and would have been doing it for years.

Before you push us to judge whether Hillary Clinton or Donald Trump would do better in bringing us together in racial harmony, Mr. Healy, please say a few words about why President Obama has failed. Of course, neither Clinton nor Trump inspires hope for a new opportunity at racial harmony. That’s what Obama did in 2008. He was ideal for that issue and we voted for the hope. Now, so many years later, things seem even worse. Can you analyze how that happened? Because that did happen. I don’t see how we can begin to think about what more Trump or Clinton could do unless we understand why President Obama failed.

—–Law professor Ann Althouse, on her blog, responding to an op-ed piece in the New York Times by Pat Healy bemoaning the inability of either Trump of Clinton to respond to the Dallas shootings in a manner that unifies rather than divides.

1. I admit it: sometimes I look for other commentators who have discerned what I have discerned and use their quotes to state what I would normally be writing myself. Althouse is a left-leaning eccentric moderate who is not overtly political, and who is skilled at overcoming her own biases. She voted for Obama (at least once), and she plies her craft as a law professor in Madison, Wisconsin, as progressive a community as there is. I have found Obama’s leadership ability and Presidential performance wanting in almost all respects since early in his administration and have explained my analysis here.  The price I pay for this is that those who are in denial over what should be obvious (though terribly disappointing and sad) feel that my consistent  criticism gives them the opportunity to mask their denial by  labeling me an Obama-hater, a partisan (as if I wouldn’t be equally critical of an incompetent Republican President with a flat learning curve) and even a racist. A quote like Althouse’s is not so much an appeal to authority—I disagree with Professor Althouse a lot, though not her dislike of men wearing shorts—but choosing to allow someone else to say well what I may not have said any better, and to prove that I’m not the only one coming to such conclusions.

2. The President’s comments on the shooting deaths of officer-involved deaths of Alton Sterling in Baton Rouge, Louisiana and Philando Castile, in Falcon Heights, Minnesota were irresponsible, inflammatory, and typical of his approach to race relations from the very beginning, when he stuck his influential nose into a controversy between a competent white Cambridge police officer and a race-baiting black Harvard professor. Then, without knowing any of the underlying facts, he suggested that the white police officer was at fault and the black professor (a friend of his) was blameless. His remarks about the police shootings in Louisiana and Minnesota issued from the same bias. I’ll just comment on the beginning of his statement, which is enough to make the point: Continue reading

Of Course Gretchen Carlson Was Sexually Harassed At Fox News….So Why Didn’t She Sue Before She Was Fired?

Ex Fox Blonde Gretchen Carlson and Fox stud-muffin Roger Aisles

Ex-Fox Blonde Gretchen Carlson and Fox stud-muffin Roger Ailes

Gretchen Carlson is suing Fox News Chair Roger Ailes for retaliating against her for refusing his sexual advances. I don’t know whether her allegations, which are disturbing to say the least, are true. The most sensational of them is her claim that Ailes, when she came to him to complain about sexual harassment from her co-hosts on “Fox and Friends,” said, “I think you and I should have had a sexual relationship a long time ago and then you’d be good and better and I’d be good and better.”

Cowabunga.

Ailes denies her account, but then, he would whether it was true or not, for that statement is pure, unadulterated sexual harassment by all by itself.

Indeed, a sexual harassment lawsuit against Fox by Carlson once would be such a slam dunk that it is interesting that she never brought one. I stopped watching “Fox & Friends” in part because Carlson was harassed almost every day by co-hosts Seven Doocy and Brian Kilmead, and it made me angry, and to some extent angry at Carlson for putting up with it.

In 2009, Carlson  complained to a supervisor that Doocy “had created a hostile work environment by regularly treating her in a sexist and condescending way, including by putting his hand on her and pulling down her arm to shush her during a live telecast.”  Indeed he had. You can see examples of this repeated and juvenile conduct here and here. In her suit, Carlson says that her co-hosts had been “mocking [Gretchen] during commercial breaks, shunning her off air, refusing to engage with her on air, belittling her contributions to the show, and generally attempting to put her in her place by refusing to accept and treat her as an intelligent and insightful journalist rather than a blonde female prop.” To this, Ailes reportedly told Carlson that she was a “man hater” and “killer'”and said  that she needed to learn to “get along with the boys.”  Continue reading

Update: CNN Is Doing It Again

I just had to flee my TV.

No longer funny. Deadly.

No longer funny. Deadly.

On CNN just now, “New Day” interrupted its coverage of the ambush and murder of five police officers last night to go to a Minnesota demonstration in response to the police shooting of Philando Castile . The girl friend and family of Castile were front and center; in the background, along with a throng of African-Americans (exclusively) we heard a woman weeping loudly and uncontrollably. (“Hey, Joe, see if you can make that sobbing as loud as possible. This is great!”)

The segment went on and on, longer, in fact, than any segment previously shown regarding the deaths of the Dallas police officers. We were told by the angry demonstrators that Castile was murdered (undetermined at this time, in fact), that “everything was on the video” (the video began after the shooting) and that local officials were incapable of fairly investigating. We were made to understand that the shooting was racially motivated (there is, at this time, no evidence to support this.) Typical of the whole scene was the statement made and supported by several individuals in the protest, that the coronor had ruled the death of Castile a “homicide,” so this means that the police officer must be charged with murder. Crowd: “Yes!”, “Uh-huh,” “That’s right!”  Interviewer Chris Cuomo: “____” This is how you make all of America more ignorant, CNN. “Homicide” means only that Castile died from being shot: he was killed; he did npt die of accidental or natural causes. It does not mean that he was illegally shot, or murdered. Cuomo had an obligation to correct them, and if he thought that it would be too “insensitive” to correct misinformation being broadcast to millions, then he shouldn’t do the interview, or is in the wrong profession.

I suppose that there is always the chance that Cuomo doesn’t know that homicide and murder are not synonymous. There is a lot he doesn’t know. Continue reading

Broadcasting Poison: An Irresponsible News Media Warps Public Opinion And Politics On Cop Shootings

Wiat...how can this guy be a police shooting victim? I don't understand.

Wiat…how can this guy be a police shooting victim? I don’t understand.

There have been two disturbing police shootings of black men in recent days, both incidents partially recorded on cell phones.

In Falcon Heights, Minnesota, an officer fatally shot  32-year-old Philando Castile as he sat in a car with a woman and a child. A day earlier, 37-year-old Alton Sterling was shot and killed during a confrontation with two police officers outside a Baton Rouge, Louisiana, convenience store where he was CDs. Neither of these cases have been investigated yet; the officers involved have been placed on administrative leave. In both cases, however, the initial impressions of the incidents were those of relatives of the deceased: Castile’s wife and Sterling’s mother. Guess what they had to say about their deceased loved ones and the police who shot them

This is, as a judge would say in a trial, extremely prejudicial. The emotional and angry reactions of the mothers of Trayvon Martin and Michael Brown seized and controlled the “narratives” in those two cases before the facts were confirmed and the fatal encounters clarified. Today, CNN presented Mrs. Castile, who  declared that placing the officer involved in her husband’s death on administrative leave with pay was proof of the low value placed on black lives. She, of course, knows what happened, and that her husband couldn’t possibly have been responsible in any way for his demise. The shooter should be punished now, by loss of his income, before any investigation has been undertaken or completed. He’s guilty—of racism, of murder. Continue reading

More Fact-Check Ethics, And What It Tells Us About PolitiFact And How Fairly The News Media Will Treat Donald Trump

Just imagine how frustrating it must be to be a stopped clock and have people stiff claim you are wrong one of the few times you are right!

Just imagine how frustrating it must be to be a stopped clock and have people stillclaim you are wrong one of the few times you are right!

Constitutional law professor Eugene Volokh was intrigued when the infamously left-biased “non-partisan fact checking source” Politifact “fact-checked” Donald Trump’s recent assertion that “crime is rising.” The professor did his own fact-checking on the Tampa Bay Times’ verdict that…

“If you look at overall violent and property crimes — the only categories that would seem inclusive enough to qualify as “crime,” as Trump put it — he is flat wrong. In fact, crime rates have been falling almost without fail for roughly a quarter-century. We rate his claim Pants on Fire.”

Volokh’s conclusion? Trump’s statement can not be fairly called “Pants on Fire,” because in regard to violent crime, it’s true. Aggregate crime is not rising, but PolitFact’s statement—“If you look at overall violent and property crime”—is deceptive, and suggests that both violent crime and property crime are falling. (Uh-uh-uh! Bad Fact-Checker! Fact-Checker must not be misleading and deceptive!) Notes the professor: Continue reading