Sliding UP The Slippery Slope: NO To Forced Sterilization, And A Belated NO To Forced Vasectomies Too

"OK, now this is entirely your free choice..."

“OK, now this is entirely your free choice…”

This has turned into Revisiting Old Posts Day on Ethics Alarms.

Last July, I posted an Ethics Quiz regarding a Virginia judge’s sentence offering a profligate and irresponsible serial father to choice between an extra four years in jail and a vasectomy at his own expense. After asking readers whether they thought the sentence was ethical, especially in light of the state’s ugly history of forced sterilizations, I demurred, writing,

I am not ready to make a call on this one. Since neglected children often become the responsibility of taxpayers, the argument that the state has no legitimate interest in regulating profligate reproduction by irresponsible parents falls flat. Is taking away someone’s ability to have more children (after seven) really a greater intrusion on his freedom than locking him up? Yet this sentence seems to cross lines that government should cross with caution, if at all. I’m not sorry that Herald won’t be inflicting more of his line on us. I am uneasy, however, with the way this result came about.

I am now ready to make an ethics call in the quiz in light of this news report: Continue reading

Post “Hands Up!” Race-Baiting Accountability Sagas: Antonio French and Taraji P. Henson

French

Thanks to three related factors…

1. The uncritical acceptance of Dorian Johnson’s false characterization of Mike Brown’s shooting by Ferguson Police Officer Darren Wilson, leading to a society-wide condemnation not only of Wilson but police departments across the country and white Americans as racially hostile to young black men, and

2. The fact that police officers have been shooting and killing an awful lot of unarmed black men, young or not, and

3. Inflammatory and irresponsible rhetoric from national and local leaders and elected officials

….we are in a dangerously unstable environment of virulent racial distrust, where the police are regarded as immediately suspect and placed in a defensive posture with a presumption of racism and excessive violence virtually any time an African American is the object of police action, regardless of the circumstances or justification. This is being exploited by those arrested, their families, civil rights activists, elected officials, protest organizers and the news media.

Here are two ugly sagas that illustrate the problem: Continue reading

Advocacy Ethics And Larry Tribe’s “Betrayal”

Bought, believed, or both?

Bought, believed, or both?

One of my favorite topics here, the public’s (and news media’s) misunderstanding of legal ethics and the function of lawyers, recently broke into the news with a crash as progressives saw Barack Obama’s constitutional law professor at Harvard and liberal icon Lawrence Tribe go before Congress and testified against the President’s climate change initiative, the Clean Power Plan, saying that it was the equivalent of “burning the Constitution.” This has been called every name in the book by progressives, from betrayal to greed to dishonesty.

“Laurence Tribe must not have been sworn in over a Bible today before testifying before Congress, because if he had been, that Bible would have burst into flames after his phony testimony about EPA’s legal authority to set standards for unlimited carbon pollution from power plants,” said David DiMartino, adviser to the Climate Action Campaign.“But I guess we shouldn’t be surprised— a wad of coal industry money burning a hole in your pocket can make you do strange things,” he added.

Indeed, Tribe was hired to represent its interests by Peabody Energy, the world’s largest private-sector coal company, and is the company’s counsel in a lawsuit that seeks to invalidate the EPA plan. That is what lawyers do, and what they exist to do: represent citizens and companies as they seek to avail themselves of their guaranteed right to use the law to protect their interests. Continue reading

Unethical Comment Threads: Slate’s Soulless, Cynical Hillary Enablers

The-Soulless

Hillary Clinton wiped her server clean of emails after a congressional committee had been established to investigate matters that she knew her e-mails related to and would be requested to investigate. She also made this decision after the Department of State belatedly asked her to return her e-mails for the public record as the law requires.

Destruction of documents after they have been requested by an official body authorized to do so is called spoliation. That’s intentional destruction of evidence to hide the truth: it can be illegal, and is always unethical. Moreover, spoliation supports the rebuttable presumption that the individual in charge  is attempting to cover up wrongdoing.  For an ex-government official to do this is damning; for a potential presidential candidate to do it is disqualifying…or should be, if the partisans of the party she belongs to have a shred of integrity, decency, civic responsibility or common sense.

Based on the comments on the Slate report on Clinton’s spoiliation, they may not have. Continue reading

Now THIS Is An Unethical Lawsuit!

chuck.chuck_

A New Mexico appeals court has refused to overturn the summary judgment dismissal  of Arthur Firstenburg’s five-year-old lawsuit against his neighbor Raphaela Monribot, whom he had accused of causing him excruciating pain and discomfort by using her iPhone, a Wi-Fi connection, dimmer switches, and other electronic devices in her own home. Firstenburg says that he suffers from electromagnetic sensitivity, or EMS, an acute sensitivity to electronic radiation that doctors and and scientists almost unanimously (but not quite) believe doesn’t exist.

Because Monribot had the misfortune to live next door to this guy, she had to defend against a $1.43 million lawsuit that has racked up court costs of over $85,000, and heaven knows what in legal fees. Firstenburg is not paying for any of it because he is broke; his lawyer, Lindsay Lovejoy, had taken the case on a contingent fee basis. She decided the appeal was a lost cause: the plaintiff handled it himself.

This case will, I assume, become the new poster child for those favoring a “loser pays” system, a bad idea that would be godsend in abuses of the system like this one. Continue reading

Accountability, “Jackie,” and the University Of Virginia Fraternity Libel

"Jackie"

“Jackie”

There are times when I feel like the ultra-conservative Senator Keeley played by Gene Hackman in “The Bird Cage,” when he’s just learned that his daughter’s future in-laws are a gay couple, that his future son-in-law has two mothers, and the middle-aged woman he had been flirting with all evening is a gay man. Literally nothing makes sense to him any more, and he says, plaintively, “I feel like I’m insane.”

The New York Times report on the police investigation into Rolling Stone’s false story about a horrific gang rape at a University of Virginia fraternity made me feel like this. It made no sense to me whatsoever.

“After a review of records and roughly 70 interviews,” the story said, “Police Chief Timothy J. Longo Sr. said at a crowded news conference here, his investigators found “no evidence” that a party even took place at the Phi Kappa Psi fraternity on Sept. 28, 2012, when the rape was said to have occurred. Instead, he said, there was a formal that night at the house’s sister sorority, making it highly unlikely that the fraternity would have had a party on the same night.Despite “numerous attempts,” he said, his officers were unable to track down the man Jackie had identified as her date that night. And several interviews contradicted her version of events.”

But wait, there’s more:

During the course of the ensuing police investigation, the chief said, investigators interviewed nine of the 14 members who were living at the Phi Kappa Psi fraternity house in September 2012; none said they knew Jackie. The authorities also sent questionnaires to other fraternity members; 19 were returned, and none of the respondents said they knew Jackie or had any knowledge of an assault having occurred at the fraternity house. A review of bank records for the fraternity revealed no expenditures for a party. The police also found a photograph time-stamped Sept. 28, 2012. It showed two men in an otherwise empty entrance hall, the chief said.Investigators also interviewed two of Jackie’s friends, both men, whom Jackie had said met with her after the assault occurred. But both contradicted her version of events, the chief said, adding, “They don’t recall any physical injuries.” And while both said they were told by Jackie that she had gone out on the night of Sept. 28, 2012, with a person named Haven Monahan — identified in the Rolling Stone article as “Drew” — the police were unable to track Mr. Monahan down.

Meanwhile, we are told, “Jackie” refuses to cooperate with the investigation in any way. Continue reading

Protest Slogan Ethics, Lies As Enlightenment, And “Hands Up! Don’t Shoot!”

Witness 128...

Witness 128…

Today’s Washington Post Fact Checker column finally weighs in on whether of not “Hands Up! Don’t Shoot!” is a lie.  I won’t keep you in suspense: Of course it is.

As I had no ideological reason to pretend that it was otherwise, I identified the phrase as such last November. Since then, it has been wielded by athletes, journalists, members of Congress, protesters, talking heads, professional athletes, and pop stars, while contributing to getting some police officers shot. There was no need for this verdict to take so long. “Better late than never,” you say? How about better responsibly on time, as in when the facts were available to anyone with the integrity to reject a useful catch-phrase that was without basis in fact?

For some reason this is not the regular Post Fact Checker. Maybe Glenn Kessler, a partisan who makes a reasonable  effort to overcome his biases, couldn’t get around them this time, or is sick or dead or something. This Fact Checker is Michelle Ye Hee Lee, and she hardly leaves any room for doubt as she lays the blame for the whole scam squarely on the head of the late Mike Brown’s pal, Dorian Johnson, a.k.a. Witness 128. To be fair, “Hands Up” was not a lie for those who used it profligately after Johnson’s false accounts, for they sincerely, if recklessly and negligently, believed it to be true. This was Johnson’s lie, and though it was obviously self-serving, and though he was as unreliable a source as it was possible to be, confirmation bias allowed all of these good people—well, some of them are good—-beginning with Brown’s parents, to accept it as truth. It was easier for them to believe that white police officers gun down unarmed, gentle giants in the street for no reason other than their color than to question the word of Brown’s scuzzy, criminal friend. Continue reading

“Trying To Bring Ethics To Project Veritas? How Dare You? GET OUT!”

James O’Keefe is the famous or infamous (depending on your point of view and whether you believe that the ends justify the means) guerrilla hidden-camera master who sets out to deceive Democrats, liberals and progressives into exposing their evil ways. He is not a journalist. He is an unethical conservative operative who has, though dishonest means, occasionally managed to expose wrongdoing or hypocrisy. He is to an ethics blog what Rice Krispie Squares are to Fine Dining Magazine.

Richard Valdes, a former top staffer with O’Keefe’s oxymoronicly named Project Veritas, reports that O’Keefe assigned an undercover employee to attend a meeting of anti-police violence protesters and to bait them by saying: “Sometimes, I wish I could just kill some of these cops. Don’t you just wish we could have one of the cops right here in the middle of our group?” Presumably he was to secretly record the responses, thus discrediting them.

The undercover agent refused, sending an e-mail to his supervisor Valdes that was copied to O’Keefe. It read,

“I will not say words that will jeopardize my entity, especially when they involve an illegal act of ‘murdering police.’ 

Valdes claims O’Keefe fired him “because he was unhappy with me for being unwilling to strong-arm the guy.” He is considering a lawsuit for wrongful termination.  Valdes is threatening to sue for wrongful termination.

A Veritas spokesman denies the allegations, saying, “Project Veritas would never do anything that we believe would incite violence against police officers. Anyone suggesting otherwise is clearly unfamiliar with our body of work.”

Observations:

1. Anyone “familiar”with the organization’s body of work..

  • …would not be surprised at anything it did, no matter how outrageous.
  • ….would not believe a spokesperson, since Project Veritas is all about lying.

2. If it didn’t happen, why did the undercover employee think this was his assignment?

3. No ethical individual would work for O’Keefe anyway. What are the damages for being wrongfully terminated from a job you are lucky not to be in any more?

4. I believe Valdes.

Ethical Quote Of The Month: Jonathan Capehart…Big Whoop.

Hands up 3

“Now that black lives matter to everyone, it is imperative that we continue marching for and giving voice to those killed in racially charged incidents at the hands of police and others. But we must never allow ourselves to march under the banner of a false narrative on behalf of someone who would otherwise offend our sense of right and wrong. And when we discover that we have, we must acknowledge it, admit our error and keep on marching. That’s what I’ve done here.”

—— African-American Washington Post blogger and MSNBC contributor Jonathan Capehart in a Post column acknowledging that the “Hands up! Don’t shoot!” chant, hashtag, protest motto and refrain was based on the lies of Dorian Johnson.

This is unusual: a statement embodying ethical principles that arises entirely out of an unethical, unprofessional and untrustworthy world view.

It is a credit to Capehart that he has the integrity to openly admit he was wrong when the facts finally penetrated his biased, bigoted, unethically-motivated brain. He is certainly more admirable than the politicians and journalists of the left and the civil rights movement who still refuse to admit it, like Capehart’s MSNBC colleague and perpetually Angry Progressive Lawrence O’Donnell. It’s good that he apologized, in the sense that it’s better than if he didn’t, but if he were aligned with ethical advocates and advocates, his apology would be unnoticed among thousands of others. Capehart’s ability to process and admit what was, or should have been obvious months ago is not rescued from disgrace because others are even worse.

For the record, Ethics Alarms concluded that “Hands Up! Don’t Shoot!” was probably false on November 27, 2014. I don’t usually quote myself at length, but after I read Capehart’s much praised, “Well, gol-ly! Knock me over with a feather! Dorian Johnson was lying, and I used what he said to help the media, Al Sharpton and Eric Holder convince African-Americans that whites are out to kill unarmed black men! Ooopsie! My bad!” column, I gagged, and went back and read this:

How does the culture, the news media, the civil rights  industry, and politicians determined to benefit by making African-Americans suspicious, paranoid, racist and, of course, lifetime Democrats, make amends for this? How do they undo the damage to mutual trust and American society?

Obviously they don’t. They don’t even try. In fact, all indications are that they will refuse to acknowledge that the entire, national effort to portray the tragic confrontation between Michael Brown and Officer Wilson as a race-triggered execution was based on a lie that was presumed to be accurate despite much reason to doubt it.

The original claim that Brown was shot and killed after putting his hands in the air came from his friend and partner in crime, Dorian Johnson. Johnson, who already had a record of lying to police, was with Brown prior to the August 9 confrontation, and had joined him in the petty robbery that occurred just before Brown’s arrest. In his TV interviews  after the shooting, Johnson said that Wilson shot Brown in the back, causing him to turn around with his hands up, pleading, ‘I don’t have a gun, stop shooting!’ Before the grand jury, Johnson, who admitted that he hid during the incident and later ran home to change clothes so he wouldn’t be identified, even elaborated and provided minute details to his fabrication, stating under oath that the shot in his back caused Brown’s body to “do like a jerking movement, not to where it looked like he got hit in his back, but I knew, it maybe could have grazed him, but he definitely made a jerking movement.” The forensic evidence showed that Brown was not shot in the back.

Other witnesses concocted similar testimony demonizing Wilson after hearing the media’s credulous accounts based on Brown’ friend’s claims. One told the FBI that he saw Wilson shoot Brown in the back and then stand over his prone body to “finish him off.” In front of the grand jury, however, this witness acknowledged that he had not seen that part of the shooting. He explained that the false story he told the FBI was “based on me being where I’m from, and that can be the only assumption that I have.”

Sort of like Democrats have to believe such false narratives because the presence of deadly, virulent racism is core to the party’s appeal to African American voters…

Then, he admitted,  he changed his story to fit details of the autopsy once it was reported on TV.  “So it was after you learned that the things you said you saw couldn’t have happened that way, then you changed your story about what you seen?’ a prosecutor asked. “Yeah, to coincide with what really happened,” the witness replied.

Members of the community, activists, anti-police zealots and those who had observed how effective the Trayvon Martin hoodie symbolism had been in casting George Zimmerman as a racist killer (rather than as he was subsequently shown to be, an irresponsible, unbiased jerk) immediately seized on the gesture as a powerful protest symbol. Every time it was repeated in a protest or demonstration, it was Johnson’s lie multiplied, until the narrative that Officer Wilson shot an unarmed, unresisting teenaged black male who was pleading to live was imbedded in the American mind. Of course it was murder! Of course any system that does not immediately charge the rogue police officer with murder is corrupt and flawed.

I have had conversations with well-intentioned liberals in denial,who are obviously unable to think of what occurred in Ferguson any other way. Such frustrating conversations. As in the Martin case, they want the white shooter to be guilty of racism and brutality. The fact that no clear evidence will show that, as the grand jury found out, doesn’t dissuade them, even though they would nod vigorously if activists argued that prosecutors displayed racism by indicting any black suspect when eye-witness testimony was unreliable.

Oh, it is true that their confusion is compounded by not understanding what a grand jury does, or hearing references to the quote that a prosecutor can make a grand jury “indict a ham sandwich” (not recognizing that this was a criticism, or perhaps having no more regard for a young policeman’s life than they do a ham sandwich, because, you know, white cop), and that they have been conditioned to believe from their SDS veteran professors from the Sixties that police officers are not public servants but really diabolical agents of an overbearing state—not that they don’t want an overbearing state in most matters, just not where public safety…okay, it’s complicated!). Still, what most nourishes their fervor now—how I love being told that I am taking my cues from Fox News!—is the indelible image of young, frightened, unarmed Mike Brown, with his hands in the air.

How does Darren Wilson get his career, reputation and life back after a lie is promoted as fact by the media, and ruthlessly used by race-hucksters to destroy him while escalating racial distrust? How does the culture recover from this deep, self-inflicted wound?

It is not the criminal justice system that is so in need of repair, but our system of communicating important events to the public, so that bias doesn’t overwhelm truth, and we will be able to forge the right lessons from tragedies like Michael Browns death, not false lessons that leave us more ignorant, hateful, and afraid.

How was I able to write that four months ago, and Capehart is only capable of comprehending it now? It’s simple, really: I’m not an anti-white bigot, and he is.  I had no horse in this race: I was just trying to weigh the facts. I don’t have a stake, politically, racially or socially, in proving that Mike Brown was just an innocent kid hunted down and shot in the street like a dog, or proving that Office Wilson was a model police officer. Capehart didn’t pay attention to the evidence because it was a white Prosecuting Attorney who produced it, and a black—sorry, thug—who contradicted it, as a black Attorney General behaved and spoke as if he believed the thug.

Now Capehart is a believer, and why? He is a believer because the Justice Department run by that black Attorney General had to grudgingly admit that there were zero facts to support the lie that it desperately, urgently wanted to be true, so Darren Wilson could be crucified to expiate white America’s sins against the black man….and, not so incidentally, gin up black votes for the Democratic base.  Now Capehart trusts the facts, because a black AG, not a white one, endorses them.

Well, to hell with him, frankly. Why are anti-white racists with Capehart’s biases writing for the Washington Post? Must there be a black racist slot on the op-ed page now? I didn’t notice: did Obama’s EEOC pass that regulation? The New York Times has Charles Blow, and so the Post must have at least one too? Is there a black racist pundit arms race?

Who is going to apologize to Darren Wilson? Capehart didn’t do that; after all, Wilson is white. Capehart doesn’t care about whites, but wants to clear the record so future protests against police, Ferguson and white America aren’t weakened by reliance on a lie. Where are the apologies to Robert McCulloch, that presumptively racist Prosecuting Attorney who was able to avoid the lynch mob’s demands that Wilson be tried for murder by running a grand jury that got to see all the evidence for once, the scum. How dare he? Van Jones, who is treated as a respectable, rational pundit on CNN and ABC, told the latter that “If there had been a special prosecutor in Ferguson, we would have had a different result.” And we all know that a different result would be the right thing, meaneth Van. To my knowledge, Van hasn’t apologized either. I’ll lay odds that he won’t. Neither has the former governor of Massachusetts, prominently mentioned as a possible presidential candidate once Democrats finally admit that Hillary is hopeless: Deval Patrick told Meet the Press that he wanted to see Wilson indicted regardless of the facts. Nor Kasim Reed, Mayor of Atlanta, who told Meet the Press that justice meant trying Wilson for murder, based on seeing the case through the eyes of Brown’s parents, the individuals whose confirmation bias most powerfully compelled them to believe the self-serving lies of their baby boy’s pal.

Two police officers are dead, two more have been shot, uncounted whites have been targeted and beaten by angry blacks (the Justice Department hasn’t been interested in the racial implications of those attacks), Ferguson is in ruins, innocent businesses are destroyed, Darren Wilson is in hiding, and racial distrust across the U.S. is worse than it has been in decades, not entirely but substantially because people like Jonathan Capehart wanted to believe Dorian Johnson’s lie, because it fits their ideological, political, social and racial agenda. So they did.

Admitting a wrongdoing—not a mistake, but wrongdoing— is always commendable, but when it comes after such carnage, and so inexcusably late, my applause is going to not only be faint, but suffused with disgust.

______________________
Graphic: Washington Post

 

The Unethical Cosby Victim: Jewel Allison

accuser

The thirty or so declared victims of sexual assault by Bill Cosby (sorry: when we get into double figures, “alleged” is misleading) have given various reasons for not reporting the crimes against them: fear of Cosby’s power, fear of retribution from the entertainment industry, fear of publicity, fear of not being believed, fear of humiliation. A recent addition to the list, however, has given an unequivocally unethical explanation for her 20 year silence in a Washington Post op-ed that has been called “courageous.” Jewell Allison’s confession is not courageous. It is disturbing and ominous. It shows what the trauma of the black experience in the United States has done to some African Americans, causing them to place group identification above reason, decency, good citizenship, compassion and common sense.

She writes:

“When I first heard Andrea Constand and Tamara Green publicly tell their stories about being drugged and assaulted by Cosby, I wasn’t relieved; I was terrified. I knew these women weren’t fabricating stories and conspiring to destroy America’s favorite dad, but I did not want to see yet another African American man vilified in the media. As I debated whether to come forward, I struggled with where my allegiances should lie – with the women who were sexually victimized or with black America, which had been systemically victimized.”

This makes no ethical sense or rational sense. Continue reading