Law & Law Enforcement

Baseball Gets the Gambling Scandal It Deserves.

/ Jack Marshall / 7 Comments

Shohei Ohtani is, when healthy, the best baseball player alive as well as the most remarkable. No one since Babe Ruth (and no one before Babe either) managed to be a star slugger and an ace pitcher simultaneously, and Ruth never filled both roles in equal measure in the same seasons like Ohyani has. It may well be that the imported Japanese star isn’t as great a hitter as Babe or as overpowering a pitcher either, but never mind: he’s star quality on the mound and at the plate, and that is unprecedented.

The undisputed most valuable player in baseball signed a massive free agent contract with the best team in baseball (and, after the despicable Yankees, the best known), so Major League Baseball was confident that it had hit the metaphorical jackpot. And then…disaster struck.

During a Seoul, South Korea, series between the Dodgers and San Diego Padres, it was revealed that Ippei Mizuhara, Ohtani’s interpreter since 2013 who followed the star to the United States in 2018, had been illegally gambling on sports; a law enforcement investigation of a bookie uncovered his activities. Ohtani’s name was bank transfers to the bookie to cover Mizuhara’s gambling losses, but Mizuhara insisted that his boss and friend knew nothing about the gambling. The Dodgers fired Mizuhara and the official story coming from Ohtani’s lawyers was that Mizuhara had been stealing money from Ohtani.

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Fixing This Problem Requires Leaping Onto a Slippery Slope: Should We?

/ Jack Marshall / 16 Comments

Nicholas Kristof has sounded the alarm on the growing problem of artificial intelligence deepfakes on line. I must admit, I was unaware of the extent of the phenomenon, which is atrocious. He writes in part,

[D]eepfake nude videos and photos …humiliate celebrities and unknown children alike. One recent study found that 98 percent of deepfake videos online were pornographic and that 99 percent of those targeted were women or girls…Companies make money by selling advertising and premium subscriptions for websites hosting fake sex videos of famous female actresses, singers, influencers, princesses and politicians. Google directs traffic to these graphic videos, and victims have little recourse.

Sometimes the victims are underage girls….While there have always been doctored images, artificial intelligence makes the process much easier. With just a single good image of a person’s face, it is now possible in just half an hour to make a 60-second sex video of that person. Those videos can then be posted on general pornographic websites for anyone to see, or on specialized sites for deepfakes.

The videos there are graphic and sometimes sadistic, depicting women tied up as they are raped or urinated on, for example. One site offers categories including “rape” (472 items), “crying” (655) and “degradation” (822)….In addition, there are the “nudify” or “undressing” websites and apps …“Undress on a click!” one urges. These overwhelmingly target women and girls; some are not even capable of generating a naked male. A British study of child sexual images produced by artificial intelligence reported that 99.6 percent were of girls, most commonly between 7 and 13 years old.

Yikes. These images don’t qualify as child porn, because the laws against that are based on the actual abuse of the children in the photos. With the deepfakes, no children have been physically harmed. Right now, there are no laws directed at what Kristof is describing. He also links to two websites on the topic started by young women victimized with altered photos and deepfaked videos of them being spread on line: My image My choice, and AI Heeelp!

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Ethics Dunces: The Murrieta (California) Police Department

/ Jack Marshall / 5 Comments

Oh yeah, this will improve public respect for law enforcement and the rule of law.

The Murrieta Police Department is posting hilarious arrest and lineup photos with suspects’ faces replaced by Lego heads. This is its response to a new California privacy law that forbids the posting of mug shots and other photos of individuals arrested for non-violent offenses. The law, signed by Gov. Gavin Newsom last September, went into effect on January 1 of this year. It also requires police departments to remove other mugshots from social media after 14 days….or replace them with Lego heads, I guess. So those risible images above are not gags or the product of a Babylon Bee wag. The police actually posted them.

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Another Democratic Party Strategy to Save Democracy: Blocking “More Choices on the Ballot”

/ Jack Marshall / 4 Comments

I keep thinking some day, Democrats with ethics alarms and functioning cerebral cortexes are going to wake up, slap themselves sharply in the face, and shout, “This entire party is based on lies, deception, and hypocrisy! What the hell have I been doing?”

If today’s New York Times story titled “Democrats Prepare Aggressive Counter to Third-Party Threats” doesn’t have that effect, however, I wonder if anything will.

Since the Times here is carefully trying to inform readers about an organized effort by their readers favorite party that should be received as an indictment on its face, the article proceeds as if there are legitimate arguments pro- and con. “An army of lawyers aims to challenge the steadily advancing ballot-access efforts of independent candidates, who Democrats fear could peel votes away in swing states,” begins the Times. “The aim ”is to ensure all the candidates are playing by the rules, and to seek to hold them accountable when they are not,’ “the Times explains quoting one of the leaders of the party’s efforts. It doesn’t mention that this is pure deceit, as the paper has already explained the motivation for the assault on ballot access:

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Another Example of Why the Death Penalty Is Necessary

/ Jack Marshall / 27 Comments

My go-to case for defending the death penalty is the Cheshire home invasion, though the surviving Boston Marathon bomber Dzhokhar Tsarnaev is an equally strong, indeed I would say irrefutable case. I now have another one.

Read with care.

Kristel Candelario left on a summer vacation in Puerto Rico with a male friend, leaving her 16 month daughter Jailyn alone in a playpen with a few bottles of milk. The neighbor’s doorbell camera recorded the baby’s anguished screams as she suffered from abandonment and separation, hunger and dehydration. After a few days at the beach and another stopover in Detroit, Jailyn’s mother returned tp her Cleveland home to find her daughter dead, though she had the gall to call 911 in a panic. She’d been gone for about 10 days. I wonder what she expected to find.

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Ethics Dunce: Don Surber

/ Jack Marshall / 7 Comments

Don Surber is a former journalist and current conservative pundit whose blog and substack I occasionally peruse, usually without too much alarm. However, he has issued a substack essay that, if I had to summarize in three words my objections to it and any culture wars guerilla who cited him as authority would be, “This doesn’t help.” A longer version follows.

Surber’s piece is called “In praise of ties” and carries the subheading, “They helped build a society that we are destroying.” If Glenn Reynolds had not endorsed the link, I would have stopped reading right there. I know ties are going to be used as a metaphor for the decline of elegance, respect, adulthood, civility, dignity, elan and eclat, blattity-blah, but still. Don’t insult my intelligence. This is the equivalent of “In praise of stovepipe hats,” “In praise of spats,” “In praise of derbies” or “In praise of bustles.” These are all fashions, and fashions rise and fall like steam and autumn leaves. We get used to them, if they hang around long enough, and yes, sometimes their demise are linked to cultural factors that have little to do with fashion. Nonetheless, longing for a time when men wore ties as a matter of societal conformity makes one seem like Grandpa Simpson, screaming at clouds. Worse, in fact.

Surber writes, “Chuck Berry always wore a tie. Gas station attendants wore them. You could trust your car to the man who wore the star because he had a tie on. Men wore ties to ballgames because men were civilized. Ties were important because they gave a sense of authority but ties also showed that a man wants to belong in society. As Benjamin Franklin said, “Eat to please thyself, but dress to please others.”

Sure, Don. I always thought those pictures of men wearing ties at baseball games were ridiculous. Ted Williams, one of my father’s heroes whom he passed on to me, famously refused to wear a tie: he had a very long neck and didn’t think ties looked good on him. Ben was right, but when the tie as a symbol of wanting to appear formal and serious wane—it hasn’t waned completely —then people will adopt other ways of “dressing to please.” It is the way of the world, and there is nothing about these transitions to lament.

But Surber was just getting started. Here he is at full speed:

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Trump Sues ABC and Stephanopoulos For Defamation. Good.

/ Jack Marshall / 2 Comments

EA discussed George Stephanopoulos’s unethical, partisan, and thoroughly biased interrogation of Rep. Nancy Mace (R-SC.) about her endorsement of Donald Trump during the March 10 interview on ABC’s Sunday talking heads show, “This Week.” It was one of the more blatant examples of how the mainstream media’s partisan biases and “Get Trump!” slant has rampaged through U.S. journalism like a cancer, but nobody should have been shocked r surprised. Stephanopoulos was a Democratic operative and a Clinton minion when he was hired. His performance against Mace was George being George; it was not the first time his biases and dishonesty were put on display. ABC should never have hired him, but then ABC, like NBC, CBS, NPR, the New York Times, the Washington Post et al. have virtually abandoned ethical journalism for partisan advocacy.

Yesterday Trump’s lawyers filed a lawsuit over Stephanopoulos saying that Trump had been found “liable for rape.” The jury specifically found Trump liable for sexual abuse under New York law, but not rape. Under classic defamation law, falsely stating that a woman has engaged in illicit sexual activity was per se defamation, but 1) Trump isn’t a woman 2) defamation by a news source against a public figure is measured by a tougher standard under the New York Times decision, requiring “actual malice,” and 3) George was carefully tip-toeing around the edges of acceptable (under the law) celebrity smearing. I highly doubt that Trump can prevail. Nonetheless, I’m glad he filed the lawsuit…hell, I’m not paying for his lawyers. If significant numbers of Americans who have been metaphorically sleep-walking for the past 30 years or so finally see Stephanopoulos for what he is, and can connect the dots to realize what this tells us about American journalism, it will be a good thing.

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Heluva SCOTUS Choice There, Joe!

/ Jack Marshall / 15 Comments

Great. We now have a U.S. Supreme Court Justice who doesn’t like the First Amendment. The Babylon Bee hardly had to be satirical to come up with that headline. During yesterday’s oral arguments before the U.S. Supreme Court in Murthy v. Missouri, the newest Justice and the only one appointed by President Biden, Kentanji Brown Jackson revealed a frightening hostility to the most important guaranteed principle of American freedom from oppressive government.

“My biggest concern is that your view has the First Amendment hamstringing the government in significant ways in the most important time periods,” Jackson told Louisiana Solicitor General Benjamin Aguiñaga as he argued against allowing Big Brother to recruit Big Tech as a political ally by intimidating social media platforms into removing posts the government finds inconvenient. I read Jackson’s quotes yesterday with genuine horror. My sister, a federal litigator of liberal tendencies, had assured me that Jackson was a smart, solid, trustworthy jurist based on her experiences appearing before her. Justice Jackson may be smart, but trustworthy she isn’t. Intentionally or accidentally, President Biden’s openly DEI appointment to fill the Court slot vacated by Stephen Breyer installed the perfect tool to assist aspiring Democrat totalitarians to achieve their agendas.

Oh please, tell us again how Donald Trump is the existential threat to democracy.

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Ethics Quote of the Month: Missouri and Louisiana

/ Jack Marshall / 8 Comments

“The bully pulpit is not a pulpit to bully.”

—-The attorneys for Missouri and Louisiana in their U.S. Supreme Court opposition to staying the unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit order declaring that officials from the White House, the surgeon general’s office, the Centers for Disease Control and Prevention, and the F.B.I. had violated the First Amendment by secretly pressuring social media platforms to take down posts as “misinformation.”

What a great line! I’m amazed it has never been used before: an instant classic and useful quote.

Today the U.S. Supreme Court will hear the oral arguments in a case to determine whether the Biden administration violated the First Amendment in combating that endlessly useful word to progressive and Democratic censors, “misinformation,” on social media platforms. There are four case before SCOTUS on this topic, which, among other expressions of alarm, was the target of the so-called “Twitter Files” posts organized by Elon Musk in 2022.

The case being argued today, like the other ones, arose from revealed communications from administration officials urging/ persuading/ threatening social media platforms to take down Left-unfriendly posts on the Wuhan virus vaccines, the 2020 election and Hunter Biden’s laptop and other matters. Last year, the Fifth Circuit hit the Biden administration with an injunction that severely limited this tactic. The three judge panel wrote,

Defendants, and their employees and agents, shall take no
actions, formal or informal, directly or indirectly, to coerce or
significantly encourage social-media companies to remove,
delete, suppress, or reduce, including through altering their
algorithms, posted social-media content containing protected
free speech. That includes, but is not limited to, compelling the
platforms to act, such as by intimating that some form of
punishment will follow a failure to comply with any request, or
supervising, directing, or otherwise meaningfully controlling
the social-media companies’ decision-making processes.

And the Biden administration opposed that language. Let me repeat that for emphasis: the Biden administration opposed that language. This is, you will recall, the administration and the party that has based its campaign against Republicans before the election this year on the premise that it is the Republicans and their presumptive Presidential candidate, Donald Trump, who pose an existential threat to democracy. Yet these are the same aspiring totalitarians who used the power of the government—“Nice little business you have here…be a shame if anything were to happen to it!”—to secretly coerce, pressure, and infiltrate (read the whole order linked above) social media and Big Tech platforms to do their bidding regarding what opinions and assertions could be communicated by citizens.

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Do Illegal Immigrants Have the Right To Own Guns?

/ Jack Marshall / 18 Comments

WHAT? My visceral reaction was immediately, “That’s crazy!” My considered conclusion is, “I think they do.”

US District Judge Sharon Johnson Coleman ruled yesterday in US v. Carbajal-Flores that the federal prohibition on illegal immigrants owning guns is unconstitutional, at least as applied to Heriberto Carbajal-Flores, an illegal with no criminal record or record of violence. “The noncitizen possession statute, 18 U.S.C. § 922(g)(5), violates the Second Amendment as applied to Carbajal-Flores,” Judge Colman wrote “Thus, the Court grants Carbajal-Flores’ motion to dismiss.” She reached this conclusion after considering the US’s historical tradition of gun regulation as set out in the Supreme Court’s landmark New York State Rifle and Pistol Association v. Bruen ruling. Breaking misdemeanor immigration laws alone should not be sufficient justification for stripping someone of gun rights, the judge determined.

“[C]arbajal-Flores has never been convicted of a felony, a violent crime, or a crime involving the use of a weapon. Even in the present case, Carbajal-Flores contends that he received and used the handgun solely for self-protection and protection of property during a time of documented civil unrest in the Spring of 2020,” Judge Coleman wrote. “Additionally, Pretrial Service has confirmed that Carbajal-Flores has consistently adhered to and fulfilled all the stipulated conditions of his release, is gainfully employed, and has no new arrests or outstanding warrants….The Court also determined that based on the government’s historical analogue, where exceptions were made that allowed formerly ‘untrustworthy’ British loyalists to possess weapons, the individuals who fell within the exception were determined to be non-violent during their individual assessments, permitting them to carry firearms,” she wrote. “Thus, to the extent the exception shows that some British loyalists were permitted to carry firearms despite the general prohibition, the Court interprets this history as supporting an individualized assessment for Section 922(g)(5) as this Court previously found with Section 922(g)(1).”

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