Ethics Heroes: 13 Federal Judges

Thirteen federal judges—appellate Judges James Ho and Elizabeth Branch, Matthew Solomson of the U.S Court of Federal Claims, District Judges Alan Albright and Matthew Kacsmaryk, Stephen Vaden, who sits on the United States Court of International Trade; plus judges David Counts, James W. Hendrix, Jeremy D. Kernodle, Tilman E. Self, III, Brantley Starr, Drew B. Tipton and Daniel M. Traynor—have all announced in a letter to Columbia University’s president, that beginning with the entering class of 2024, they “will not hire anyone who joins the Columbia University community—whether as undergraduates or law students.”

“Since the October 7 terrorist attacks by Hamas, Columbia University has become ground zero for the explosion of student disruptions, anti-semitism, and hatred for diverse viewpoints on campuses across the Nation, ” the letter begins. “Disruptors have threatened violence, committed assaults, and destroyed property. As judges who hire law clerks every year to serve in the federal judiciary, we have lost confidence in Columbia as an institution of higher education. Columbia has instead become an incubator of bigotry. As a result, Columbia has disqualified itself from educating the future leaders of our country.”

After suggesting measures that need to be taken to restore trust in the institution, the judges conclude, “Recent events demonstrate that ideological homogeneity throughout the entire institution of Columbia has destroyed its ability to train future leaders of a pluralistic and intellectually diverse country. Both professors and administrators are on the front lines of the campus disruptions, encouraging the virulent spread of antisemitism and bigotry. Significant and dramatic change in the composition of its faculty and administration is required to restore confidence in Columbia.”

It is a responsible, powerful, and much needed response, both to the institution and the students who have demonstrated both an absence of critical thinking and judicious temperament as well basic respect for their fellow students, liberal education, and the law.

Now do Harvard.


RFK Jr. Supporters Are Going To Sue Meta (Facebook, Instagram). Good!

Oopsie! Meta, the monster (in many senses of the word) parent company of social media giants Facebook and Instagram, blocked the link to a new, 30-minute infomercial supporting the candidacy of Robert F. Kennedy, Jr., the rebel independent Presidential candidate whom Democrats wish they could vaporize with their bad thoughts. Meta says it was a “mistake.”

Maybe it was. The embargo didn’t last long: the ad was only unavailable from late afternoon last Friday to the middle of last Saturday. A spokesman for Meta said the link had been incorrectly flagged as spam. For some reason, RFK Jr.’s campaign and supporters don’t trust Meta. Tony Lyons, a founder the super PAC that paid for the ad, says his group plans to sue Meta in federal court for censorship and First Amendment violations.

“When social media companies censor a presidential candidate, the public can’t learn what that candidate actually believes and what policies they would pursue if elected,” Mr. Lyons said. “We are left with the propaganda and lies from the most powerful and most corrupt groups and individuals.”

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Unethical Quote of the Week: The Columbia Law Review

I gave a legal ethics seminar 90 minutes after finding my wife dead, and these infants are too traumatized to take their exams because of a “horrific time on campus” and their “level of distress”:

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From the Babylon Bee: Ignorant Misinformation That Will Get Dogs Killed Even If Kristi Noem Isn’t Around…

Ugh. More ignorant pit bull hysteria, as usual spread by someone who knows little or nothing about dogs.

“Not the Bee” is supposed to be a site the highlights bizarre events from a conservative perspective, so how its concluded that advocating a “pit bull ban” was a legitimate topic escapes me. However, people using false and misleading statistics to stampede lawmakers happens to be a topic of great interest to an ethicist. I’ve written about this annoying and recurring phenomenon before, many times. The primary post about the pit bull breed-deranged website Dogsbite.org, an Unethical Website of the Month back in 2015, and one of the all-time Ethics Alarms comment champions with 354 comments so far.

Ian Haworth wrote the irresponsible Not The Bee piece today, “Is it time to ban pit bulls?” I should title this post, “Is it time for people who write about pit bulls to learn what a pit bull is?” As soon as this article began, I knew readers were in the grip of someone who doesn’t know what he’s talking about:

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Morning Ethics Wake-Up Call, May 4, 2024: Campus Anti-Semitism Edition

I’d say anyone celebrating Star Wars Day today (“May the Fourth be with you!”) on this May 4 needs to get out more.

In addition to being a day that promises further depressing developments on college campuses as the decades of progressive, anti-American, and Marxist indoctrination have their predictable (and probably intentional) consequences—though somehow the ivory tower revolutionaries in charge of those campuses were oddly unprepared for them!—this date has an ominous history.

The Vietnam protests reached their violent zenith with the National Guard shooting four Kent State students on May 4, 1970, a tragedy eerily reminiscent of the Boston Massacre. I’ve been surprised that there hasn’t been a student fatality in the current unrest yet: as always, the protest organizers are hoping for one to “radicalize” the campuses. Another development that seems inevitable is a terrorist attack in support of Gaza and Hamas. Today is a date that portends that, too: during a huge labor protest at Haymarket Square in Chicago, Illinois on May 4, 1886, a someone threw a bomb among the 200 police officers attempting to break up the demonstration. Police then started shooting at the pro-labor crowd, killing more than a dozen protestors and wounding nearly a hundred, several people in the crowd and injuring dozens more. The protest had been organized by pro-labor activists to protest (and exploit) of the killing of a striker by the Chicago police the day before, and about 1,500 workers participated. That episode galvanized both the labor movement and the progressive movement that produced Teddy Roosevelt, Eugene V. Debs, Clarence Darrow, and Woodrow Wilson.

The anti-war rioting at the Democratic National Convention in 1968 also took place in Chicago, and where do you suppose the Democrats are holding their nominating convention this year? If nothing else, you can accuse the party of being superstitious. That call is the equivalent of naming a new cruise ship “Titanic.”

But wait! There’s more! On May 4, 1994, then Israeli Prime Minister Yitzhak Rabin and PLO Chairman Yasser Arafat reached an agreement in Cairo on Palestinian self-rule, following the Oslo Accords signed in Washington, D.C. on September 13, 1993. The agreement acknowledged Israel’s right to exist! Israeli agreed to withdraw from most of the Gaza Strip and the West Bank town of Jericho, all land won by Israel during the Six-Day War of 1967 when the Arab nations collectively tried to wipe Israel off the map. The Palestinians agreed to avoid terrorism and maintain peace. and prevent violence in the famous “land for peace” bargain. The agreement transferred authority from the Israeli Civil Administration to the newly created Palestinian Authority, its jurisdiction and legislative powers, a Palestinian police force and relations between Israel and the Palestinian Authority.

Sounds promising, no? Almost immediately after the Israeli military withdrawal, the Palestinians began attacking Israel and its civilians. The periodic terrorism continued: there was never real “peace.” The promise to accept Israel’s right to exist was just words. Seven years later came the “Second Intifada” in 2000, a violent Palestinian uprising against Israel that left over a thousand Israelis dead and thousands injured. The schism was complete when the Palestinians elected the openly terrorist organization Hamas to lead Gaza in 2006. The fable of “The Scorpion and the Frog” comes to mind.

I wonder how many of the campus protesters are conversant in this history?

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Ethics and Constitutional Dunces: The 320 House Members (Mostly Republicans) Who Voted for the “Antisemitism Awareness Act”

You know, or should, that your conduct is unethical and outrageous when it makes Rep. Matt Gaetz (R-Fl.) look good by comparison Gaetz voted against HR 690, as every member of the House should have since it is throbbingly unconstitutional on its face, no question, no argument, a flat out First Amendment violation. Gaetz told his followers on Twitter/X that he voted against the proposed legislation because it is a “ridiculous hate speech bill.”

“Antisemitism is wrong, but this legislation is written without regard for the Constitution, common sense, or even the common understanding of the meaning of words,” he wrote. Bingo. The bill, in weasel words remarkable even by recent Congressional standards, declares that “anti-Semitism” is a violation of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), and embraces an expansive definition of the term “adopted on May 26, 2016, by the IHRA, of which the United States is a member, which definition has been adopted by the Department of State; and… includes the “[c]ontemporary examples of antisemitism” identified in the IHRA definition.”

The IHRA definition includes examples of pure speech, and I would expect any junior in high school to know that these cannot be criminalized:

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On Getting Halfway Through Trump’s Time Magazine Interview…

To get to the main point right up front: I believe that the gag order Judge Juan Merchan has imposed on Donald Trump during the contrived “hush money” trial is election interference to the core, and unconstitutional when applied to a Presidential candidate in an election year. The ACLU l declared another judge’s gag order on Trump as unconstitutional last fall, and you know what it takes to make the ACLU side with the “bad guys” in the 21st Century. Nonetheless, I believe any and all gag orders that could be enforced on Trump would benefit the nation, Trump supporters and Donald Trump himself.

If he could just keep his big trap shut and stop the ALL CAPS Truth Social posts he would breeze to victory. The man has no filters, wretched judgment, and the mastery of the English language of a Brooklyn street urchin on the autism spectrum. Who knows what he’ll say between now and November that will be either misreported as an admission of evil intent, or will in fact be so awful that  it loses him  millions of votes overnight? Continue reading

Encore: From “The Law vs Ethics Files: The July 24, 1983 Pine Tar Incident, When Baseball Chose Ethics Over Law, And Was 100% Wrong

Several things led me to re-posting this Ethics Alarms entry from 2017.

First of all, the MLB network showed a documentary on the career of George Brett today, and scene above, with Brett erupting in fury at the umpire’s call voiding his clutch, 9th inning home run, is one of the classic recorded moments in baseball history. There was also a recent baseball ethics event that had reminded me of Brett’s meltdown: Yankees manager Aaron Boone was thrown out of a game because a fan behind the Yankees dugout yelled an insult at the home plate umpire, and the umpire ejected Boone thinking the comments came from him.. When Boone vigorously protested that he hadn’t said anything and that it was the fan,Umpire Hunter Wendelstedt said, “I don’t care who said it. You’re gone!”

Wait, what? How can he not care if he’s punishing the wrong guy?

“What do you mean you don’t care?” Boone screamed rushing onto the field a la Brett. “I did not say a word. It was up above our dugout. Bullshit! Bullshit! I didn’t say anything. I did not say anything, Hunter. I did not say a fucking thing!” This erudite exchange was picked up by the field mics.

There was another baseball ethics development this week as well, one involving baseball lore and another controversial home run. On June 9, 1946, Ted Williams hit a ball that traveled a reported 502 feet, the longest he ever hit, and one of the longest anyone has hit. The seat was was painted red in 1984 (I’ve sat in it!), and many players have opined over the years that the story and the seat are hogwash, a lie. This report, assembling new data about the controversy, arrives at an amazing conclusion: the home run probably traveled farther than 502 feet.

But I digress. Here, lightly edited and updated, is the ethics analysis of the famous pine tar game and its aftermath:

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 I have come to believe that the lesson learned from  the pine tar incident is increasingly the wrong one, and the consequences of this extend well beyond baseball.

On July 24, 1983, the Kansas City Royals were battling the New York Yankees at Yankee Stadium. With  two outs and a runner on first in the top of the ninth inning,  Royals third baseman George Brett hit a two-run home run off  Yankee closer  Goose Gossage to give his team a 5-4 lead.  Yankee manager Billy Martin, however, had been waiting like a spider for this moment.

Long ago, he had noticed that perennial batting champ Brett used a bat that had pine tar (used to allow a batter to grip the bat better) on the handle beyond what the rules allowed. MLB Rule 1.10(c) states: “The bat handle, for not more than 18 inches from the end, may be covered or treated with any material or substance to improve the grip. Any such material or substance, which extends past the 18-inch limitation, shall cause the bat to be removed from the game.” At the time, such a hit was defined in the rules as an illegally batted ball, and the penalty for hitting “an illegally batted ball” was that the batter was to be declared out, under the explicit terms of the then-existing provisions of Rule 6.06.

That made Brett’s bat illegal, and any hit made using the bat an out. But Billy Martin, being diabolical as well as a ruthless competitor, didn’t want the bat to cause just any out. He had waited for a hit that would make the difference between victory or defeat for his team, and finally, at long last, this was it. Martin came out of the dugout carrying a rule book, and arguing that the home run shouldn’t count.  After examining the rules and the bat, home-plate umpire Tim McLelland ruled that Brett used indeed used excessive pine tar and called him out, overturning the home run and ending the game.

Brett’s resulting charge from the dugout (above) is video for the ages. Continue reading

Addendum to “The Supreme Court, the ‘Suicide Pact,’ and Ethics Zugzwang”

Thinking about that last post and the issues it raises as I was walking Spuds in the rain just now took me to an epiphany, and an embarrassingly late one.

Gerald Ford’s pardon of Richard Nixon was more important and crucial than I realized then. It was only one gutsy and maybe prescient act in an otherwise short and undistinguished Presidency, but it delayed the current crisis for half a century.

The conventional wisdom is that Nixon would have been prosecuted for his Watergate involvement, and that the event would have been a divisive and traumatic spectacle that a nation just getting past the Vietnam debacle could ill afford. That wasn’t what was going to happen, though, I now realize. (And I have never read or heard anyone acknowledge this.)

Had he been charged with any crime, Nixon would have immediately claimed immunity just as Trump is now. For the rest of his life, Nixon routinely said that “if the President does it, it’s not illegal.” What would the Supreme Court have ruled in 1975? Here is the Court then:

Chief Justice Warren Burger
William J. Brennan
Potter Stewart
Byron White
Thurgood Marshall
Harry Blackmun
Lewis F. Powell
William H. Rehnquist

The only two reliable liberals on the Court were Marshall and Brennan, but the conservatives were more moderate and less doctrinaire than today’s SCOTUS majority. I have no idea what that group would have done with the immunity issue, and I’m glad we didn’t have to find out.

Thanks, Jerry.

Ethics Observations on Harvey Weinstein’s Reprieve….

The New York Court of Appeals overturned the felony sex crimes conviction of Hollywood producer Harvey Weinstein yesterday. The 4-to-3 decision held that the trial judge deprived him of his right to a fair trial in 2020 when he allowed prosecutors to call witnesses who said Weinstein had sexually assaulted them despite the assaults having never been charged as crimes or proven to have occurred. Using allegations of past bad acts to prove guilt in a criminal trial is generally forbidden in New York and other U.S. jurisdictions with limited exceptions. Since Harvey is already serving a prison sentence for another set of crimes that will keep him locked away until he is almost 90, the decision is more symbolic than useful to Weinstein. But it still needed to be made.

Observations:

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