Law & Law Enforcement

SPECTACULARLY Unethical Quote Of The Week: President Obama

/ Jack Marshall / 28 Comments

“Don’t blame us for all the mistakes in the law—look at how long it is!”

…on the Affordable Care Act and King v.Burwell, at his news conference. When President Obama was asked about the soon to be announced Supreme Court decision in King v. Burwell, he launched in an epic of unethical assertions and rhetorical games. I’ll highlight the unethical—not merely dishonest in some cases—statements and elaborate afterwards.

THE PRESIDENT: What I can tell state leaders is, is that under well-established precedent, there is no reason why the existing exchanges should be overturned through a court case. (1) It has been well documented that those who passed this legislation never intended for folks who were going through the federal exchange not to have their citizens get subsidies. (2)That’s not just the opinion of me; that’s not just the opinion of Democrats; that’s the opinion of the Republicans who worked on the legislation. The record makes it clear. (3)

And under well-established statutory interpretation, approaches that have been repeatedly employed — not just by liberal, Democratic judges, but by conservative judges like some on the current Supreme Court — you interpret a statute based on what the intent and meaning and the overall structure of the statute provides for. (4)

And so this should be an easy case. Frankly, it probably shouldn’t even have been taken up. (5)And since we’re going to get a ruling pretty quick, I think it’s important for us to go ahead and assume that the Supreme Court is going to do what most legal scholars who’ve looked at this would expect them to do. (6)

But, look, I’ve said before and I will repeat again: If, in fact, you have a contorted reading of the statute that says federal-run exchanges don’t provide subsidies for folks who are participating in those exchanges, then that throws off how that exchange operates. (7)It means that millions of people who are obtaining insurance currently with subsidies suddenly aren’t getting those subsidies; many of them can’t afford it; they pull out; and the assumptions that the insurance companies made when they priced their insurance suddenly gets thrown out the window. And it would be disruptive — not just, by the way, for folks in the exchanges, but for those insurance markets in those states, generally.

So it’s a bad idea. (8)It’s not something that should be done based on a twisted interpretation of four words in — as we were reminded repeatedly — a couple-thousand-page piece of legislation. (9)

What’s more, the thing is working. (10)I mean, part of what’s bizarre about this whole thing is we haven’t had a lot of conversation about the horrors of Obamacare because none of them come to pass. (11)You got 16 million people who’ve gotten health insurance. The overwhelming majority of them are satisfied with the health insurance. It hasn’t had an adverse effect on people who already had health insurance. (12)The only effect it’s had on people who already had health insurance is they now have an assurance that they won’t be prevented from getting health insurance if they’ve got a preexisting condition, (13)and they get additional protections with the health insurance that they do have.

The costs have come in substantially lower than even our estimates about how much it would cost. Health care inflation overall has continued to be at some of the lowest levels in 50 years. (14)None of the predictions about how this wouldn’t work have come to pass.(15)

And so I’m — A, I’m optimistic that the Supreme Court will play it straight when it comes to the interpretation. (16)And, B, I should mention that if it didn’t, Congress could fix this whole thing with a one-sentence provision. (17)

Wow, that’s even worse that I thought. Have there been more dishonest, deceptive, irresponsible statements by a President of the United States? Maybe. I don’t see how there could have been one that was much worse, though.

I’ll try to be brief, or else this will be a book. The numbers correspond to the bolded sections above… Continue reading →

Our Unethical Justice Department’s Attack on Reason

/ Jack Marshall / 28 Comments

Reason

While we’re on the topic of progressive/Democratic fascism, did you hear the one about the Justice Department?

I continue to wonder when cognitive dissonance will kick in and genuine humanist liberals who have been willing to support this President and his arrogant, bumbling administration through one botch and fiasco after another finally realize that trampling on basic rights in defiance of the Constitution isn’t OK, even when done in the name of an African-American President. Time is running out, and so far, except from some notable exceptions, all I see is shrugs and smiles. “Well, they are terrorists.” “Well, they are racist cops.” “Well, it’s teabaggers.” “Well, it’s just a Faux News reporter” “Well, it’s for a good cause.” “Well, the ends justify the means.”

Will this latest example of the fascist inclinations of the hard left be a tipping point? I doubt it. The expected shrug will be “Well, they’re just asshole blog commenters.”

Let me just say this to my many progressive friends: You’re disgracing yourself, and betraying all the good values you think you stand for.

Obama’s Department of Justice has issued grand jury subpoena to force Reason.com to release the identity of commenters who made what the Justice Department claims are threats on the life of a Federal judge. Reason is a libertarian, and as far as I can tell, non-partisan, publication as well as an excellent one, but as you might expect from any source that cares about individual rights, it is very critical of the Obama administration. Not that this had anything to do with it being targeted by the Justice Department—why are you so cynical?

The topic in which these comments occurred is of no interest to me here; you can read about it in the links. The main point to ponder is that this is a frightening abuse of power, government bullying, blatant incompetence and an effort to chill free speech, especially since the Supreme Court last week ruled that a “true threat,” and thus outside the protection of the First Amendment, couldn’t possibly be like the comments in question.  Which of these comments, criticizing a federal judge’s decision against a drug dealer (a lot of Reason’s commenters love their illegal drugs) would you say is a “true threat”? Continue reading →

The Tamir Rice Fiasco: A Step Toward Embracing Mob Justice In Police Shootings

/ Jack Marshall / 11 Comments
Oh, yeah, THIS is going to work...

Oh, yeah, THIS is going to work…

Because they believe that law enforcement officials did not move fast enough to indict (or not) the officers involved in the tragic, mistaken shooting of Tamir Rice, community activists are going  to seek the indictment and arrest of the Cleveland police officers involved by using a little-known and eccentric Ohio law that permits citizens to go directly to a judge with affidavits to seek murder charges. We can only hope that the judge chosen for this end-around has the courage and integrity to reject the petition as the attack on due process that it is.  I would not want to bet the farm on that happening.

Twelve-year-old Tamir Rice’s death is one of the most horrible among the spate of police shootings that have caused local and national outrage in the past year. On November 22, 2014 two police officers, 26-year-old Timothy Loehmann and 46-year-old Frank Garmback, responded to a city park after receiving a police dispatch call about “a male sitting on a swing and pointing a gun at people.” A 911 caller had reported that an African American male was pointing “a pistol” at random people in the Cudell Recreation Center and that “he is probably” a juvenile .The caller also said the gun was “probably fake,” but was unable to tell whether the weapon was real or not because the orange barrel markings used to identify toy weapons had been removed. This information was never relayed to the officers. Continue reading →

The Ethics Train Wreck That Never Stops: Ferguson’s Interim Chief Decides To Re-Write History

/ Jack Marshall / 4 Comments

Al Eickhoff has been interim police chief in Ferguson since March, when he took over the  department upon after former Chief Tom Jackson’s  resignation. The LA Times recently interviewed him regarding how the Ferguson police handled the shooting death of 18-year-old Michael Brown, as well as related issues. In answer to one of the questions, he dropped this:

“We got a lot of negative notoriety and it all stemmed from Michael Brown’s body having to [lie] on the parking lot for 4.5 hours. The reason he was there for so long was because of hostile fire against our officers. We could not get to Michael Brown’s body.”

Wait, what? While there were reports that gunshots were heard during the period after Brown was killed by Officer Wilson, and there have been many explanations regarding why Brown’s body was allowed to lie in the street so long, hostile fire has never been alleged by anyone. Here was the New York Times’s detailed account of those controversial four hours on the subject: Continue reading →

Choosing Race Over Ethics, Fairness, Common Sense, Duty And Our Children’s Future: “Disparate Impact” And The New York Teachers Exam Decision

/ Jack Marshall / 17 Comments
Fine. If you can teach, you can teach. I don't care that you're blue.

Fine. If you can teach, you can teach. I don’t care that you’re blue.

How much, I wonder, will American society be willing to distort its values, reality and duties to the public in order to accommodate false standards of racial justice? How many innocent people will be harmed before this destructive trend dissolves as the truth suddenly dawns, and we ask, “What were we thinking?” If a computer program was designed to invent the perfect example of a court decision that shows how divorced public policy regarding race has become from anything approaching logic, it could not come up with better than this.

Judge Kimba M. Wood (Remember her?) of the Federal District Court in Manhattan ruled last week that the New York’s teachers  exam was racially discriminatory, and the results had to be thrown out.  The exam, the second incarnation of the Liberal Arts and Sciences Test, called the LAST-2, was administered to New York teaching candidates from 2004 through 2012 and was designed to test an applicant’s knowledge of liberal arts and science.  Now, the exam was not found discriminatory because anyone could show, or suggested, that certain questions favored one race’s experience over the other. It was not found discriminatory like those infamous Jim Crow exams, or because experts were able to show how African Americans were uniquely unable to do well on particular questions for identifiable reasons. No, the test was found to be discriminatory because minority teaching candidates failed at a higher rate than white candidates, and that’s the only reason.

In order to eliminate the gap, those questions on which minority applicants did significantly worse will have to be eliminated. Wrote Wood:

“Instead of beginning with ascertaining the job tasks of New York teachers, the two LAST examinations began with the premise that all New York teachers should be required to demonstrate an understanding of the liberal arts.”

We are supposed to immediately grasp that this is a bad thing. Continue reading →

The Trooper,The Law Clerk, And The Deer

/ Jack Marshall / 12 Comments
This was all YOUR fault...

This was all YOUR fault…

Prof. Jonathan Turley would make this an ethics quiz, but not me.

He is troubled that a law clerk ended up an ex-law clerk after publishing a gratuitously nasty post on Facebook expressing her unseemly lack of sympathy for a New Jersey state trooper who died when his car collided with a deer. (Another trooper traveling with him was injured.) Turley shares my concern regarding the trend of employers punishing employees for their comments on social media, but in this case, I don’t have any sympathy for the clerk at all.

Responding to other Facebook commenters who expressed sorrow for the dead trooper and called him a hero, Leslie Anderson, who clerked for a News Jersey judge, Middlesex County Superior Court Judge Travis L. Francis, expressed strenuous dissent, writing,

“Not that sad, and certainly not ‘tragic,’ Troopers were probably traveling at a dangerously high speed as per usual. Totally preventable. At least they didn’t take any of the citizens they were sworn to serve and protect with them…The ‘victim’s’ employment as a state trooper is irrelevant to the circumstances, other than the fact that he injured a fellow trooper and destroyed state property as a result of his recklessness. He wasn’t running into a burning building or otherwise acting within the course of his employment at the time of the accident. The outcry and ‘thank yous’ are absurd, nonsensical, and completely unwarranted. There are people in this country and around the world dying for much less. There is nothing ‘tragic’ about this. Get over yourselves and your sense of entitlement, people . . .

Nonetheless, I agree that it is sad and heart wrenching for the family members left to suffer the consequences of the Trooper’s recklessness — especially for the deer family who lost a mommy or daddy or baby deer.”

Jerk. Continue reading →

Now THIS Is A Witch Hunt! The Northwestern-Laura Kipnis Ethics Train Wreck

/ Jack Marshall / 10 Comments

Springfiled mob

I really tried to ignore this ridiculous story. Campus political correctness battles, like examples of public school teacher incompetence ( my head just exploded yesterday, so I refuse to write about THIS), are so common and so self-evidently whacked that the blog could easily be over-run by them. The lower education episodes are more important, I’ve concluded, because the victims are children who still might be saved from indoctrination and a life-wrecking warped concept of how authority should be wielded, and children must be protected from the kind of child abuse a lot of these episodes represent. In the college campus fiascos, much of the time, it is the students who are the initial culprits (remember, they are adults, supposedly), and the administrators are mostly the craven enablers. Initially, I thought this episode was just another example of runaway progressive fascism feeding on itself. And it is, but there is more to it than that.

To briefly summarize…Laura Kipnis is a Professor of Radio, TV and Film at Northwestern University. She wrote an entertaining article in the Chronicle of Higher Education about what she termed the ‘sexual paranoia’ on college campuses, including hers, and delivered observations about how these attitudes were strangling discourse and sane human interaction in society at large.

I wasn’t crazy about the article, because Kipnis, as I might expect from a theater prof, appears to know nothing about ethics at all. Her over-arching position is Old Sixties Berkeley: if it involves sex, chill out. I will bet my head that Kipnis was one of Bill Clinton’s defenders on the grounds that lying about sex isn’t lying, even when it’s under oath, even when it’s on TV, even when it’s to the American people’s face, even when you use your power and high office to support it. It’s sex, and sex is groovy. Who knows, she might also have defended John Edwards, and no, I have not had any respect for people like this since the Nineties. Continue reading →

Ethics Hero: Senator Rand Paul

/ Jack Marshall / 4 Comments
Thanks, Snator, we needed that.

Thanks, Senator, we needed that.

Rand Paul has disqualified himself from being considered for the Presidency by rational voters in many ways. His suggestion to MSNBC’s Rachel Maddow that he would have waited for market forces to end Jim Crow, and voted against portions of the Civil Rights Act was enough all by itself. Paul’s embrace of isolationism—he often sounds like Michael Moore on foreign policy—is as fanciful as it is dangerous.  He has no executive experience, and based on some of his statements (and positions), I’m convinced he’s just not very smart.

Not only that, but he is the most arrogant candidate in a field that may contain Chris Christie, and that’s incredible.

Nonetheless, his filibuster-like Senate speech against National Security Agency counter-terrorism surveillance, forcing key portions of the Patriot Act to expire, was a brave, principled, and important act. In the end it was also a futile act, and the Senate quickly passed provisions that Paul opposed. The Daily Beast headlined the story, “It’s NSA 1, Rand Paul 0.”

It was still a public service. Yes, Paul alienated most of his party, and he took a huge risk: a single terrorist attack here will automatically turn him into a national pariah, and coming the same week that we discovered conclusively that the TSA is a joke, the chances of such an event occurring seem likelier than ever. (Saying, however, as Paul did, that “people here in town …secretly want there to be an attack on the United States so they can blame it on me” was inexcusably  stupid. Really? People want to see American citizens die to make Rand Paul look bad, when he makes himself look bad on a regular basis?) The point Paul made, however, and it needs to be made again, and again, and again, is that there is no reason to trust the NSA, and no reason to trust the current federal government either. The fact that on security matters we have no real choice is frightening and disheartening, but nevertheless, no American should be comfortable with his or her private communications, activities and other personal matters being tracked by the NSA, which is incompetent (See: Snowden, Edward) and which lies, or the Obama Administration, which doesn’t care if the NSA lies, and has repeatedly shown that it has no qualms about violating the Constitution until a Court stops it. Continue reading →

Outrageous, Unprofessional, Unethical Judge Michael Cicconetti

/ Jack Marshall / 21 Comments
Pepper spray in the face? Uh, that's not what we mean by "blind justice"...

Pepper spray in the face? Uh, that’s not what we mean by “blind justice”…

In Painesville, Ohio, Municipal Court Judge Michael Cicconetti decreed that Diamond Gaston, tried for assault for pepper-spraying another woman in the face, had to choose between spending a month in jail or getting pepper-sprayed in her face by the victim. Judge Cicconetti—the sly fox—had secretly had the pepper-spray replaced with a saline solution without telling Gaston, who was his victim. In the same week,  Cicconetti sentenced a woman who failed to pay a cab driver for a 30 mile trip to the choice of jail time or paying $100 restitution and walking the 30 miles she stole from the cabbie. This got him on all the cable news shows, so obviously it was a great idea.

Law Professor Jonathan Turley was so upset by these absurd sentences (and others he has condemned) that his blog post on the topic is (uncharacteristically) riddled with errors, as if he wrote it while screaming as tears blurred his eyes. Maybe he did. Unlike your host, Turley is usually reserved and understated, but this really got to him. Here: my view is substantially the same as his, so let’s give the professor his say (with a little editing): Continue reading →

KABOOM! The Fascist School Superintendent Who Is Training Children To Think Like Senator Sheldon Whitehouse

/ Jack Marshall / 29 Comments
Bad one. Been building for a while.

Bad one. Been building for a while.

Explain to me why this story isn’t national news, while a principal pulling a valedictorian off the graduation program when he insisted on making graduation a vehicle for his coming out as gay—to his parents—is. Never mind. We both know know. Journalists see discrimination and homophobia even where it isn’t, but fascism increasingly bothers them less and less.

That’s because, I fear, they are Democrats. I will return to this surprising and alarming theme in a moment.

At Northwest Mississippi Community College, where the graduation ceremony for Senatobia High was held,  the superintendent asked the crowd not to scream or cheer and to hold their applause until the end. As always happens—always, always,always––a few relatives couldn’t contain themselves. Four guests shouted various felicities and exhortation to their graduates out of turn

They are strict in Mississippi: all four were kicked out of the event.

But that’s not all. They are really strict in Mississippi: Senatobia Municipal School District Superintendent Jay Foster filed ‘disturbing the peace’ charges against the people who yelled at graduation, and police  issued warrants for their arrests with a possible $500 bond.

KABOOM!

Well, my head’s been threatening to explode for quite a while now*, and this finally did it, big time. Congratulations Jay Foster, you foolish, unethical, unkind, tin-god fascist. You did it.

Foster refused to be interviewed on camera, but told the media that he’s determined to have order at graduation ceremonies. I recommend snipers, Jay. Or maybe duct tape. This fascist idiot is responsible for educating children! Does he realize he’s educating them to be…Democratic Senators? Continue reading →