Law & Law Enforcement

Ethics Trainwreck At The Border

/ Jack Marshall / 60 Comments

border-warehousing-children-bbtx

Eight ethics observations on the army of child illegals clogging the Mexican border:

1. I predicted this would happen four years ago, and anyone who was paying attention should have been able to as well. Both the actions of President Obama, in essentially enacting the unethical “Dream Act” by fiat, and the rhetoric surrounding the “Dream Act” itself, constituted a national invitation to parents to send their children to the border. A nation cannot provide incentives to break the law, celebrate those who break it, and then credibly tell us that they are dismayed when a flood of law-breakers appear.

2. Even more influential in attracting desperate children to the border has been the loud, reckless and irresponsible messages coming from all quarters that the U.S. doesn’t regard law-breaking as anything but admirable and forgivable when children are involved. California, to the applause of lawyers and most of my colleagues in the legal ethics establishment, has allowed an illegal immigrant, brought here as a child, to practice law. Jeb Bush, proving himself to be muddle-headed, a rank sentimentalist, or a coward, pronounced illegal immigration with children as “an act of love.” Come on—the United States of America isn’t going to make love illegal, is it? Didn’t we just go through this with gay marriage? Democrats and illegal immigration advocates use the term “comprehensive immigration reform” as a code for “open borders,” and the code has been cracked in South America. Continue reading →

Unethical Political Ad Of The Month: The Freedom From Religion Foundation

/ Jack Marshall / 18 Comments

FFRF

If it accomplished nothing else, the Supreme Court’s Hobby Lobby decision is doing a dandy job of flushing out the bigots. First it was the feminists blaming the decision on the all-male majority…because, as we all know, only women can balance ethical and legal conflicts fairly and intelligently, and they are incapable of bias. This line of attack is gender bigotry, acceptable because, well, just because. Then Harry Reid, leader of the Senate majority, condemned the five justices whose analysis prevailed as white males, adding racial bias to the mix. Also stupidity, of course, since last I looked, Justice Thomas was still black. Then again, to hear Harry and his friends tell it, being a conservative and not folding up like a deck chair any time women or a minority group complains means that you must be white, meaning that you must be bigoted against women. That’s just what whites are like. And males. Says white male Harry Reid.

It’s a strange, strange world we live in, no doubt about that.

Now comes the Freedom From Religion Foundation with an ad published in the New York Times blaming the decision on the fact that the five justices in the majority were male and Roman Catholic. Anti-Catholic bigotry! I confess, I didn’t know what religion the justices were, because I don’t care. Do you? John Kerry is a Roman Catholic; so is Joe Biden. It never occurred to me to attribute their various decisions and policy determinations to their religion, or to presume that anyone’s religion is fair game for criticism. Ah, but this is blood politics as defined by today’s culture. The right people can use bigotry against deserving targets….you know. Conservatives. Continue reading →

Ethics Quote Of The Week: Prof. Glenn Reynolds

/ Jack Marshall / 52 Comments

 

Obama float

“To even investigate something like that is itself a civil rights violation.”

—-Prof. Glenn Reynolds, the “Instapundit,“ commenting on the news that the Department of Justice is investigating as a possible civil rights violation the anti-Obama float that appeared in a Nebraska Independence Day parade.

He is correct. This is government intimidation and an attempt to chill political speech. The float was crude and its sentiment was misplaced, but sending government agents to investigate it is indistinguishable from sending the FBI to knock on your door after your letter to the editor  critical of the President appears in the paper.

Where are the liberals who will have the integrity to call this what it is?

I can’t wait to find out.

KABOOM!! Dana Milbank’s New Record For Flagrantly Dishonest Punditry

/ Jack Marshall / 16 Comments

Exploding head

I am through with Dana Milbank, and also with anyone who quotes him, relies on him, believes him or—take note, Washington Post—employs him. There must be some level of insulting, dishonest, toadying, intentionally misleading punditry that qualifies as intolerable, and Milbank’s latest column for the Washington Post—syndicated elsewhere so the maximum number of weak minds can be polluted—defined it. I’m not going to reprint a word of it for fear that it will poison the blog, or cause your head to explode like mine just did—but I can describe its thesis. Get this: Milbank decries a “crisis of the week political culture” in Washington, and blames the news media, Republicans and Congress for the shifting attention. I am suppressing a scream as I write this.

There is a “crisis of the week” political culture because the incredibly inept and incompetent President of the United States has mismanaged every conceivable aspect of the government’s policies, domestic and foreign, while maintaining incompetents and political hacks in key positions and sending the message that there will be no accountability for abject failure, and because, despite pledging unprecedented transparency, the standard operating procedure for this group of ideologically doctrinaire and skill-challenged group has been to posture, obfuscate, stall, mislead and lie until various ugly chickens come home to roost, and then to rely on the news media to accept absurd excuses, explanation and blame-shifting theories, chaos has been percolating beneath the surface in dozens of vital areas—oh yes, more bad news is coming—and the full measure of various disasters are finally becoming known.

There is a crisis of the week mentality because a new catastrophe caused by the epic incompetence of this Administration is being uncovered every week, and sometimes every day.

And Dana Milbank blames the political culture, as if it is making this stuff up.

And he expects readers to agree with him.

And a lot of them will.

Kaboom.

Continue reading →

The Unethical Opposition To Tennessee’s Fetal Drug Abuse Protection Law

/ Jack Marshall / 48 Comments

200439961-001Tennessee is one of the most activist states that it comes to protecting children; for example, it has the among most stringent laws in the nation regarding the mandatory reporting of suspected child abuse. It also has a new law that just went into effect this month that allows officials to arrest mothers for assault who illegally use narcotics while they are pregnant if the child is born with symptoms indicating that the drug use impaired the child’s condition.

Predictable and tiresomely, the media and “war on women” scolds are attacking this is yet another incursion on the rights of women to have dominion over their own bodies. Think Progress, dishonestly, calls it a “pregnancy criminalization law.”  This is intentional misrepresentation, a TP specialty. The law doesn’t criminalize pregnancy in any way, by even the most distorted interpretation.  The knee-jerk opposition to the law highlights the problems of consistency and integrity that the women’s rights and pro-abortion forces have in all the areas relating to childbirth. Essentially, their position is that if conduct is related to child birth—or preventing it—in any way, anything they say, want or do must be accepted, and asserting otherwise, no matter what the justification, makes the government an oppressor of women. Continue reading →

Judges At Work

/ Jack Marshall / 2 Comments

Supreme Court protests

In the threads here stemming from Judge Kopf’s impolite and unprofessional verbiage directed at the Supreme Court, some members of the Nebraska federal jurist’s fan club have sought to justify his incivility by asserting that the judicial system itself is “broken,” and that, more specifically, judges ought to just concern themselves with judicial errors of their lower court colleagues and eschew political controversies, such as, I must presume based on the context of the judge’s compliant, when the other branches of the government break laws and violate constitutional principles.

To say that I’m cynical about this argument understates the case.What it means, I believe, is that members of one partisan orientation believe that the system is broken as long as judges who do not share their progressive biases are in a position to rule on various controversies where judicial intervention is necessary and appropriate, but will no longer be considered “broken” once progressive-minded jurists are in a position to do the intervening, whereupon the critics like Judge Kopf will drop their objections.

The fact that the system is not “broken” and that judges are doing their jobs when called upon to protect the public from abuse of power was illustrated by two events this week: Continue reading →

A Too Common Media Practice That Is Per Se Unethical: The Purchased “Opinion”

/ Jack Marshall / 1 Comment
"But remember---we tell you what opinion to express. Deal?"

“But remember—we tell you what opinion to express. Deal?”

Lanny Davis, the attorney and Washington D.C. political consultant who became a tiresome, repetitive and shameless presence on national television during the Monica crisis, has just authored a review of sorts of Hillary Clinton’s book, “Hard Choices.” On “The Hill,” he pronounces it a genuine portrait of its author, and as accurate as it is complimentary. “No, Hillary Clinton hasn’t changed through all the years: the importance of family and friends, the “service gene” as active today as I witnessed some 45 years ago,” David writes, ” motivating her to “never quit — never stop working to make the world a better place.”

Maybe the book is wonderful, and maybe it isn’t; about that, I do not care. Davis begins with a lie: he says that the book’s sales “are strong,” when the buzz on the web, and not just among those rooting for Clinton to fall on her face, is how disappointing sales are. But Davis is paid by his clients to shade the truth; I’m not going to quibble about the deceit inherent in “strong.”

This, however, matters, and it is a long-held pet peeve of mine: Lanny Davis works for the Clintons. He has for years. If he is not currently on Hillary’s payroll, he will be, or is angling to be: pick a, b, or c. The conclusion is the same no matter which it is: he is biased; he will personally benefit from endorsing Hillary and her book, and thus his article, which purports to be an honest, objective, reliable assessment, is almost certainly nothing of the kind. Continue reading →

Ethics Dunce: Federal Judge Richard G. Kopf

/ Jack Marshall / 82 Comments
"Oh dear...and he looks like such a NICE federal judge!"

“Oh dear…and he looks like such a NICE federal judge!”

Richard G. Kopf is a senior district court judge on the U.S. District Court for the District of Nebraska, and a blogger. He is also,I would say obviously, an Ethics Dunce. Why?

He told the U.S. Supreme Court to shut the fuck up.

He really did.

That he did this on his blog, Hercules and the Umpire, doesn’t matter. It was in print, in public, and he’s a Federal judge. The obscenity came in the context of Judge Kopf’s criticism of the recent Hobby Lobby decision, but the context doesn’t matter either. There is no context in which it would be appropriate, judicial and ethical for a member of the judiciary to tell the Supreme Court of the United States to shut the fuck up. Nor does it matter that he used the texting code stfu rather than spelling out the words.

For a Federal judge to be openly disrespectful, uncivil and abusive to the top of the nation’s judicial branch is an assault on the rule of law, and undermines public respect for our institutions. As lawyer and blogger Rich Hasen wrote, Continue reading →

Comment of The Day (Public Service Message Division): “Wanetta Gibson Is Even Worse Than We Thought”

/ Jack Marshall / 11 Comments
Wait a second...I'm getting my rifle...

Wait a second…I’m getting my rifle…

We haven’t had one of these in a while, and I’m feeling like having a good fish-shoot in the ol’ barrel, so here we go….

Apparently there has been another development in the Wanetta Gibson saga—I know this because the last post about this horrible woman is suddenly getting traffic again—and this has moved one Terrance Skerrette—I sure hope there’s just one— to enter one of those periodic comments I receive here that serves as a public service announcement for the ethically-challenged. You know the kind—Saturday Night Live parodies of such spots used to be a staple:

“Hello. I’m Jack Marshall, and this is Terrance. Terrance was raised in an environment that left him with an inability to understand ethics. That’s right–he will go through life justifying horrendous conduct by using rationalizations, hideous logic, and warped values. Will you help Terrance? No, he can’t be helped by treatment, but perhaps, if you give generously, we can provide him with a comfortable shack in the forest and plenty of food, so he can live comfortably without infecting anyone else with his hopeless ethical ignorance and dangerous excuses for terrible conduct. Please send your generous contributions to “Help Terrance,” care of Ethics Alarms. Thank you. Terrance would thank you too, but he probably thinks you are evil.”

Continue reading →

Ethics Strike Three And Four Against Facebook In Its Creepy Mood Manipulation Study

/ Jack Marshall / 13 Comments

Facebook is so out.

"Meh. Look at this neat picture of my dog!"

“Meh. Look at this neat picture of my dog!”

Ethics Strike One was the research itself, using its own, trusting users as guinea pigs in a mad scientist experiment to determine whether their moods could be manipulated by secretly managing the kind of posts they read from Facebook friends.

Ethics Strike Two was the lack of its subjects informed consent for the study, violating the basic standards of human subject research. A boilerplate user agreement that makes a vague reference to using data for “research” in no way meets the requirements of informed consent for this kind of study.

This brings us to Ethics Strike Three.  In justifying the legality and ethics of the research, Facebook’s researchers explained that leave to perform such experiments was consistent with the user agreement (See Strike Two):  “[the experiment] was consistent with Facebook’s Data Use Policy, to which all users agree prior to creating an account on Facebook, constituting informed consent for this research.” As I pointed out above and in my previous post on this topic, this isn’t informed consent as the research field and various ethics codes define it. But even if it was, this statement is a lie. Continue reading →