Law & Law Enforcement

Comment of the Day: “Journalism Ethics: The Washington Post Enables Disinformation Regarding Hillary’s Email Machinations”

/ Jack Marshall / 11 Comments
"Hello, Dave. You have absolutely no clue how to deal with me, do you?"

“Hello, Dave. You have absolutely no clue how to deal with me, do you? Or even your email…“

Much-abused Ethics Alarms commenter Beth, a D.C. lawyer with impressively thick skin, provided a real service with her comment on today’s post on the widespread obscuring of the Clinton e-mail scandal. Scandal is the right word, even if somehow a plausible and fair conclusion is reached that Hillary didn’t breach national security laws. The incident is shameful, and Clinton’s refusal to acknowledge that is  one of the many ways this episode indicts her character. Beth focuses on a systemic problem of which Clinton is a symptom: the government isn’t keeping up with the challenges posed by its increasing dependence on technology, and it can’t do that.

The public, most of whose interactions with technology is restricted to e-mails, games, social media and videos, if anything, has no idea the degree of competence and care complex organizations and the professions must devote to technology. The challenge is daunting, getting harder by the day, and may be hopeless, which is terrifying. The Obama Administration’s technology disasters, including the Edward Snowden affair, the OPM hack, the ridiculous failure of the Obamacare website and who knows what else they have managed to cover up, far exceed those of any previous administration. Most insiders I talk to are certain that far worse is on the way, and they know enough to be terrified. The public doesn’t understand how important the problem is, and therefore the news media ignores what it perceives as being uninteresting.

Here is Beth’s Comment of the Day on the post Journalism Ethics: The Washington Post Enables Disinformation Regarding Hillary’s Email Machinations:

What Clinton did was atrocious — our agencies need to lead this nation by example, and she was the head of the agency. But, all of our agencies are doing an awful job. There are policies in place that aren’t followed. And I can’t stress this last piece enough. Agencies draft policies, put them on a shelf, and never bother to hire people to update or actually enforce the policies. Further, there are insufficient protections in place — as demonstrated by the OPM data breach.

Continue reading →

From The Ethics Alarms Law vs. Ethics Files: Yet Another Example Of How The Public’s Ignorance Of How Laws Work Imperils Us All

/ Jack Marshall / 15 Comments
guilty

Because he just IS, that’s all. Everybody knows it. Come on. What’s the problem?

Well, I’m still waiting for the wave of op-eds and pundit pieces condemning the judge in the Dennis Hastert case for somehow turning the ex-Speaker’s trial for breaking banking laws into a trial for child molestation even though he couldn’t be charged with that crime.

I appear to be one of the very few people alarmed by this. Coming at a time when we have a Presidential candidate advocating the imprisonment of financial traders without any indications that they broke actual laws, this qualifies as a bona fide societal virus, and a potentially dangerous one.

Over at Popehat, habitual Ethics Hero Ken White flagged another outbreak that somehow I missed (I blame Fred).

It seems that an Oklahoma court rejected the prosecution of a teenage boy for engaging in oral sex with a teenage girl (she was, to be delicate, the oral recipient) who was passed out drunk, and the Court of Criminal Appeals agreed, ruling:

“Forcible sodomy cannot occur where a victim is so intoxicated as to be completely unconscious at the time of the sexual act of oral copulation. We will not, in order to justify prosecution of a person for an offense, enlarge a statute beyond the fair meaning of its language.”

Ken begins, tongue hard in cheek,

“Did you hear? Oklahoma said it’s legal to rape someone if they’re unconscious from drinking! They said it’s not rape at all! It’s classic victim-blaming! It’s outrageous! It’s rape culture! It’s just what you would expect from one of those states!”

He then examines the statutes involved. It turns out that the unimaginative legislature, when defining the crime of forcible sodomy which was what the boy was charged with, missed this set of potential facts. She wasn’t forcibly raped, because she wasn’t conscious. Continue reading →

DOUBLE KABOOM!! Ignorant, Abusive And Incompetent: How Much More Evidence Do We Need That Our Educators And Schools Are Untrustworthy?

/ Jack Marshall / 47 Comments

double KABOOM

I’m sorry to endanger the integrity of your head—mine may never be reassembled, by the looks of things—but here are two recent high school horror stories, one in Texas and one in Arizona, and they do not even involve sexual predators or kids being suspended for pretending to shoot someone with a finger gun.

I. The Two Dollar Bill

Two dollar bill

I’m going to just summarize this stunningly stupid story, and you can read the details here. 13-year-old eighth grader Danesiah Neal, a student  at Fort Bend Independent School District’s Christa McAuliffe Middle School, attempted to pay for her lunch one day with a two-dollar bill given to her by her grandmother. The lunch lady had never seen a $2 bill, so she alerted the school administrators, who called the police. THEY had apparently never seen a $2 bill, and told the girl that she was being investigated for counterfeiting, a felony, as the school allowed this idiocy to unfold. They called the grandmother, and told her she was under investigation too.

A campus officer traced the bill to where granny got it, a 7-11, and then cleverly traced the bill to…THE BANK, which informed these officious, incompetent morons that the two is a genuine piece of currency, and has been in circulation since 1862. Continue reading →

Apology Ethics 2: Is This A Legitimate Excuse? Does It Matter?

/ Jack Marshall / 26 Comments

Skydiving

Tom Angel was chief of staff for the Los Angeles County sheriff until emails he had sent to friends four years ago, prior to becoming the sheriff’s top aide, denigrating several different groups of minorities including Muslims, Catholics and Latinos surfaced in the media. Now Angel  has resigned.

His boss, Sheriff Jim McDonnell,  announced the departure  in a statement posted to Facebook that called the messages “inappropriate and unprofessional.”  That was fair.

Originally, the department defended Angel, saying in part,

“Although his judgment in this situation is of concern to members of the Sheriff’s Department, no one is more distressed about it than Chief Angel himself.  His apologies for this uncharacteristic act have been profuse and sincere. Chief Angel’s decision-making and actions in his long prior career with the Sheriff’s Department and since his return in 2015 reveal more about his actual character and typical good judgment than the instances from four years prior currently reported in the media.”

It didn’t work, especially after Angel’s apology, quoted in the LA Times, was this:

“Anybody in the workplace unfortunately forwards emails from time to time that they probably shouldn’t have forwarded. I apologize if I offended anybody, but the intent was not for the public to have seen these jokes.”

Should that have been sufficient? Continue reading →

Yecchh! The Daily Caller And Its Commenters Cheer On Sexual Predator Teachers

/ Jack Marshall / 49 Comments
I'm really sorry you didn't get any in high school, Tucker (maybe it was the bow tie), but it's no excuse.

I’m really sorry you didn’t get any in high school, Tucker (maybe it was the bow tie), but it’s still no excuse.

I’ve called out the Tucker Carlson’s conservative news and commentary website The Daily Caller for this before. Apparently this is Carlson’s sick and unethical obsession: I guess he can’t stop his sophomoric fantasies and pain arising out of being a high school nerd gazing hopelessly at cheerleaders and the occasional attractive teacher from infecting his judgment and ethical values. Thus he—and his “education editor,” Eric Owens—think rape is ethically acceptable if the rapist is hot enough.

Once again, the site reports on an example of high school teachers exploiting their male students for their own sexual satisfaction with a slimy wink-wink-snort coded piece making it clear that the Daily Caller regards the episode is one big joke. This time the tongue in cheek headline, accompanied by the photographs of the two women involved, conveys Tucker’s attitude:

Male Teen’s Parents Sue Over Son’s 9-HOUR THREESOME SEX TRAUMA With English Teachers

Rapist teachers

Hahahahahahaha! That’s some trauma! Hey guys, you would have all been traumatized by an epic sex session with these two babes, right? Poor kid! Continue reading →

Unethical Quote Of The Week: President Obama

/ Jack Marshall / 24 Comments

Safe Airlane

“Today, I want to update you on some important progress we’ve made to protect our communities from gun violence. As I said in January, these commonsense steps are not going to prevent every tragedy, but what if they prevented even one? We should be doing everything we can to save lives and spare families the pain and unimaginable loss too many Americans have endured.”

—- President Barack Obama, announcing new measures that his administration will pursue to help curb gun violence.

This is at least the second time, related to gun deaths, that President Obama has invoked the logically, practically, philosophically and ethically absurd “if only one life is saved” argument. President Obama isn’t as smart as his blindly loyal supporters think he is, and definitely not as smart as he thinks he is, but he must be smarter than that.

Yet he uses this ridiculous logic anyway. In Obama’s defense, his entire, nauseatingly inept administration has been rationalized on this basis, so it is a mindset that may be set in cement. Obamacare has allowed some Americans to get insurance that they desperately needed, so, the flawed logic goes, the fact that the legislation has also divided the country, caused millions to lose health care plans that they were satisfied with in favor of new plans they can’t afford, caused rates to skyrocket, suppressed hiring and done nothing to lower health care costs doesn’t alter the official conclusion that the policy is a success.

It isn’t just that the ends justify the means; the theory is that a single designated positive result justifies not only the means but other negative results too. True, prematurely withdrawing from Iraq caused the country to collapse and Isis to run amuck, but the United States withdrew, and that’s enough. Yes, the Education Department’s “Dear Colleague Letter” has caused male students to be unjustly tarred with unproved rape accusations, been the target of false charges and have had their educations disrupted without sufficient evidence or due process, but as long as some female sexual assault victims receive fair attention to their complaints that would not have occurred before, this gender-based persecution is acceptable collateral damage. Sure, Obama’s refusal to acknowledge that radical Islam is a terrorist threat have allowed irresponsible immigration and migrant policies to continue despite their existential risks, but what matters is that some, many–just one!—peaceful, law-abiding Muslims not be the victims of bigotry, fear and hate.

Obama’s latest “just one is enough” assertion is a direct call to the most naive, least aware and most cognitively impaired among us. If saving just one life were enough, then automobiles should be made of soft plastic and travel no more than a few miles an hour. Requiring airlines to use only airplanes that don’t fly, like the one pictured above, would surely save at least one life. Ships and boats never launched on water are very safe. Continue reading →

Comment of the Day: “Comment of the Day (1): ‘Unethical Quote Of The Week: Chelsea Clinton’”

/ Jack Marshall / 6 Comments
Hysterics, obviously...

Hysterics, obviously…

The gun-banning deceit is revving up again, so to pace the blog on this topic, which already had been discussed in a recent post and a Comment of the Day on it, I held out this excellent post by lively Ethic Alarms regular Steve-O-in-NJ for a few days.

By deceit, I mean statements like White House spokesman Josh Earnest yesterday regarding so-called “smart gun” technology, on which the White House is preparing a legislative push. He said in part:

“I think what is true is that I couldn’t think of another industry off the top of my head that isn’t interested in looking at new technology that could make their product safer. Just about every other industry that I can think of, that’s what people do. That’s what manufacturers do. That is a source of innovation in a variety of fields. I think the best example of this is in the auto industry. Auto manufacturers actually market the degree to which they use new technology to make their products safer, to make cars and trucks safer. It is surprising to me that so many gun manufacturers shirk that responsibility.”

It is amusing that Earnest—is he the worst of the three professional liars the Obama White House has employed to mislead the press, deny the truth and spin misconduct?—prefaced his remarks by dismissing “wild conspiracy theories” that the new initiative was designed to make guns less accessible, then uttered this whopper. Guns aren’t supposed to be safe, or what anti-gun zealots regard as safe, which would mean that they would have to be made out of foam rubber. They are designed to kill things, including, when necessary, people. Cars are not supposed to kill  anyone: making safe cars is nothing at all like making safe guns.

You know, Josh, I can’t think of any another industry off the top of my head–which is apparently quite a bit more well-furnished than yours–that makes killing tools and machines and does look for technology to make them “safer” by the anti-gun lobby’s definition. Hunting knives? Baseball bats? Have you ever seen a safe hammer? A safe bomb? Safe poison? Of course “smart gun” requirements would make guns less accessible (meeting regulations costs money and adds to purchase price, “smart” features that don’t work right engender lawsuits, guns that are more cumbersome to use are less desirable to people who want guns…) by making them more expensive and difficult to use. And that’s just what the President, Hillary, Chelsae and the rest want.

You’re a liar who treats the press and public as if they were idiots, Josh. Just off the top of my head. Yes, I know: I don’t care that you are just channeling your boss. The line about gun-makers “shirking responsibility” is a transparent effort to grease the skids for product liability lawsuits that would make it impossible to make guns, which is exactly the agenda being pursued here. Gun rights supporters know it, and are derided as conspiracy nuts. Anti-gun advocates also know it, and think it’s just fine.

Here is Steve-O-in-NJ‘s Comment of the Day on the Ethics Alarms post “Comment of the Day (1): ‘Unethical Quote Of The Week: Chelsea Clinton’”: Continue reading →

Ethics Dunce: San Antonio District Attorney Nico LaHood, The FUN Prosecutor!

/ Jack Marshall / 10 Comments

my_cousin_vinny_9

Casual Friday was always a blight on the professional workplace landscape,and, predictably, it has come to this.

There is a cultural battle going on in San Antonio, Texas, where in the 187th District Court, District Judge Steven Hilbig  announced that he would not allow prosecutors in his courtroom if they were dressed like a local version of Joe Pesci’s Vinnie in “My Cousin Vinnie,” garbed in jeans and guayaberas rather than Vinnie’s leather jacket and leather pants. This wouldn’t be a problem for any sane DA’s office, since almost everywhere else no self-respecting (judge-respecting, court-respecting, law-respecting, respect-respecting…) lawyer would dream of appearing in the halls of justice dressed like an Acapulco tourist, or Cousin Vinnie, for that matter. It is a problem in Bexar County, however, because there District Attorney Nico LaHood thinks that local tradition trumps the legitimate needs of the justice system.

It is Fiesta time, you see, in Bexar county, a ten-day celebration that migrated legally from Mexico to parts of Texas, and previous judges foolishly allowed it to be recognized in their courthouses by permitting prosecutors to “dress down.”  The rough, and equally stupid, equivalent farther from the border would be allowing prosecutors to dress like elves during the Christmas shopping season or Minnie Mouse on Halloween.

Judge Hilbig, an adult, finally decided to put a stop to this nonsense by declaring, as did Judge Fred Gwynne, old Herman Munster himself in “My Cousin Vinnie,” that no lawyer was going to make a mockery of justice in his courtroom by setting foot in it dressed unprofessionally.

I love this guy! Continue reading →

The Fraudulent Sperm Donor

/ Jack Marshall / 10 Comments

Sperm Bank

The British cartoon above give me the willies the first time I saw years ago it, and it does still. I tracked it down after reading legal commentary on a nightmarish incident in Canada.

Canadian couple Angela Collins and Elizabeth Hanson chose a sperm donor for their planned child who claimed a 160 IQ, a neuroscience PhD, and a perfect medical history.  After their child was born, they learned the surrogate father’s name though an error by the sperm bank, and discovered that Dad had lied: he never graduated from college, was a convicted felon, and had a history of schizophrenia. His sperm bank profile picture was also a fake; I’m guessing he really looked like the guy in the cartoon.

Other than that, he was fine.
Continue reading →

Indeed He Deserved All Of It, But Denny Hastert’s Sentencing Hearing Was A Legal And Ethical Travesty

/ Jack Marshall / 22 Comments

Hastert sentencing

“I am deeply ashamed to be standing here,” former Speaker of the House Dennis Hastert  told a judge yesterday at his sentencing hearing.  “I know why I am here … I mistreated some of the athletes that I coached.”

Wait…what? That’s not why Hastert was in court at all. He was before a judge for one reason: he violated banking laws and lied to the F.B.I.. The fact that he was a sexual predator and molested members of the wrestling team he coached many years ago is not the reason he was in court. It couldn’t be. The statute of limitations on all of those crimes, horrible crimes all, had expired. Hastert couldn’t be charged, tried or convicted of any of them.

I don’t understand why this hasn’t been the focus of the coverage of Hastert’s ordeal yesterday. Why did the judge think it was appropriate to “angrily” lecture him about his crimes that in the eyes of the law he must be considered innocent of by the legal system, because he cannot be found guilty of these crimes any more?

“‘If Denny Hastert could do it, anyone could do it,'” U.S. District Judge Thomas M. Durkin said. “Nothing is more stunning than to have the words ‘serial child molester’ and ‘speaker of the House’ in the same sentence.” Well, that’s very interesting, Judge. If  the late Ted Kennedy had been before you to be sentenced for, say, just a wild hypothetical, a drunk driving charge, would you lecture him about letting Mary Jo Kopechne drown in his car?

I may have missed it, but when O.J. Simpson was sentenced for burglary, I don’t recall the judge asking him to confess to murdering Nicole and Ron…did that happen?

Earlier this month, the judge and prosecutors allowed the trial to become a proxy trial for a crime that wasn’t on the docket, with prosecutors hammering at graphic details about the sex-abuse, describing how Hastert would sit in a recliner in the locker room with a direct view of the showers. The victims, prosecutors said, were boys between 14 and 17. Hastert was in his 20s and 30s. This is relevant to the charges against Hastert how, exactly? Answer: They aren’t. Continue reading →