Law & Law Enforcement

Thank You, Washington Post “Fact Checker” Glenn Kessler For Being The Best Ethics Alarms Ethics Dunce EVER!

/ Jack Marshall / 21 Comments

I must say, this is the sort of thing that makes the heart of an ethicist, or at least this ethicist’s, swell with joy as the strains of “Ah, Sweet Mystery of Life At Last I Found You!” take control of his brain, and the song bursts, full-blown and soaring, from his lips…You’ll have to excuse me…

Glenn Kessler’s “Fact Checker” column in today’s Sunday Post is a cornucopia of wonderful topics, including…

  • The dishonest conduct of media “fact-checkers” in using their columns not to dispute facts but to take issue with opinions, usually on partisan grounds, with which they disagree.
  • The misuse of “lies” and “lying” to describe either mistakes or opinions, neither of which are lies.
  • People who lie themselves while accusing others of lies.
  • Fact-checkers who misstate facts while accusing others of misstating facts.
  • The common misunderstanding that “consent” makes a boss’s sexual relationship with his or her subordinate ethically acceptable.
  • Rand Paul!
  • Bill Clinton!
  • Rand Paul attacking Bill Clinton!
  • ANYONE defending Bill Clinton’s conduct involving Monica Lewinsky.
  • The news media’s already evident intent to defend against all attacks, direct or oblique, on the liberal establishment’s choice for President in 2016, Hillary “The First Enabler” Clinton.

It just doesn’t get much better than this.

Let us begin with the root of Kessler’s  column and his inspiration, this statement by Sen. Rand Paul (R-Ky): Continue reading →

Governor Cuomo’s Selective Anti-Gun Fervor: And This Is Why So Many Americans Have No Respect for Laws Or Lawmakers

/ Jack Marshall / 35 Comments
Guns are a public menace! We must not permit lawless, reckless gun possession! Unless its a member of my staff, of course, in which case, meh, no biggie.

“Guns are a public menace! We must not permit lawless, reckless gun possession! Unless it’s a member of my staff, of course, in which case, meh, no biggie.”

[UPDATE: Jerome Hauer disputes some of the reported facts in this post. I have yet to find any sources that have different facts, but I will revisit both the story and my conclusions, and make appropriate revisions, retractions, or clarifications if and when warranted. You will find Mr. Hauer’s comment, and my reply to him, below.]

New York Governor Andrew Cuomo has been the source of some of the most excessive anti-gun rants making up the sorry legacy of the Post Sandy Hook Ethics Train Wreck. It was a year ago that a unveiled a package of strict gun restrictions, saying that with “the senseless massacre in Newtown, Connecticut… New York must say enough is enough to gun violence.” Oh, Gov. Cuomo hates guns, believe you me.

So what do you think happened when it was revealed that Jerome Hauer, Cuomo’s Division of Homeland Security and Emergency Services Commissioner appointed in 2011, had not only been carrying a handgun to work ever since, but also, incredibly, took out the gun and used the laser sighting device attached to the barrel as a pointer in a presentation to a Swedish delegation on Oct. 24? Hauer was not only breaking the Cuomo-backed law barring state employees from packing a weapon at their workplace, but also was modeling the kind of ignorant and dangerous firearm misuse that undermines any claim that he was a safe, responsible, well-trained gun owner.

What happened appears to be this: as soon as the Governor got word that Hauer’s illegal and reckless conduct was about to be revealed in the press, the Homeland Security chief received a quick waiver from New York’s Office of General Services Commissioner RoAnn Destito. The waiver, of course, could not make his prior conduct legal. Continue reading →

Unethical Tweet of the Month: Actress Eva Longoria

/ Jack Marshall / 24 Comments

 

Longoria tweet

Emilio Vicente, a gay illegal immigrant from Guatemala who is a candidate for  student body president at the University of North Carolina at Chapel Hill, is now facing a run-off after receiving 41.08 percent of the vote.

He may or may not have been helped in his quest for the position by the above unsolicited tweet by actress Eva Longoria of “Desperate Housewives” fame. As far as anyone knows, she has absolutely no connection to Vicente or Chapel Hill. However, she knows he will be a “great leader” and is inherently a better candidate and more qualified than opponent Andrew Powell, who has the damning and disqualifying characteristics of being white, straight, law abiding and an American citizen. Vicente, however, is supremely qualified to lead because he is Latino, gay and illegal.

This is pure, undeniable bigotry, but politically correct, left-endorsed bigotry, so Longoria, who was the Democratic Party’s embarrassing 2008 co-campaign chair-–“war on women,” don’t you know—will never be criticized for it by the morally superior progressive establishment,  though her tweet is as indefensible and un-American as it is legalistically stupid.

I am officially declaring war on racist, bigoted, stupid women….like Eva Longoria.

_________________________

Pointer: Chris Plante

Sources: Daily Caller, Campus Reform,

 

In Massachussetts, The NAACP Flunks An Integrity Test

/ Jack Marshall / 35 Comments
Jaywalking, domestic abuse...what's the difference?

Jaywalking, domestic abuse…what’s the difference?

What is the mission of the NAACP in 2014? Is it, as was once the case, to advance the prospects of African-Americans in the U.S. by ensuring their equal treatment under the law, respect and regard within the culture, and aggressive efforts to cure stubborn cultural handicaps within the black community? Or is it merely an advocacy group that determines right and wrong on the basis of skin color, and nothing more?

The conduct of the New England chapter of the NAACP in defending  State Rep. Carlos Henriquez strongly suggests the latter.

Henriquez is a disgrace in every respect—to his constituents, the legislature, the state, his gender, his race. Here is part of the police report of what got him convicted of two counts of assault: Continue reading →

We Are All Dan Snyder Now

/ Jack Marshall / 74 Comments

Washington-Redskins

…and isn’t that a revolting development?

Few things infuriate me more than when unethical conduct by an individual or organization force me to side with the supporters of a position or a cause that I oppose myself. Last year, to cite the most egregious example, I found myself in the same camp with the National Rifle Association, Ted Nugent and worse when anti-gun zealots, uncritically backed by the news media, used dishonest, misleading, irrational and emotional appeals to try to pass more stringent gun ownership regulations on the wave of national horror over the Sandy Hook shooting. Indeed, the more fake statistics and shameless slippery slope arguments (“If we can save the life of only one child…”) that were aimed at guns and  law-abiding gun owners, the more I saw the wisdom of Second Amendment absolutism.

Thanks to the exorbitant and irresponsible rhetoric by the likes of Diane Feinstein, Joe Biden, Andrew Cuomo, Piers Morgan, Jim Carrey and others—Don’t tell ME what I “need” to protect my family and home; there’s a possible serial killer on the loose in my Alexandria, Virginia neighborhood at this very moment who has been randomly knocking on doors and shooting people—I no longer trust the government to make rational decisions that affect my options as a potential gun owner. Good work, guys. Before you started using kids as props, lying about the number of shootings, and sounding for all the world like a nation trying to make sure only the government could own legal weapons, I was a supporter of more stringent firearms regulations. You lost me. I am officially convinced that we may need  guns to protect ourselves against power-abusing people like you.

Now members of  Congress are trying to strong-arm Washington Redskins owner Dan Snyder into changing the name of his football team, using the power of the government to pressure him, through the National Football League, into bending to their will on a matter that is absolutely none of their business. Great. Now I have to stand shoulder to shoulder with Snyder, whom we in the Washington area know as a spoiled rich kid, a bully, an egomaniac and a meddling fool who has progressively reduced the region’s beloved football team to tragic joke.

And you should stand with him too, if you think our Bill of Rights is worth preserving. Continue reading →

Now THIS Is Hypocrisy!

/ Jack Marshall / 53 Comments

NAACP Hypocrisy

Hypocrisy is a close second to “ad hominem attack” in the list of misused misunderstood accusations. One is only hypocritical when you are simultaneously, willfully and shamelessly engaging in the exact same conduct that you are publicly condemning. Opposing today conduct you endorsed or engaged in the past? Not hypocritical. Changing your mind about the virtues of past conduct? Not hypocritical. Condemning conduct by others that you are not able to stop yourself from engaging in but recognize as wrong?  Again, that’s not hypocrisy.

This is hypocrisy:

A local NAACP-organized march against the supposed “vote suppression” measure of requiring the showing of photo IDs at polling places as a prerequisite to vote required, as you can see above, the possession of photo IDs as a prerequisite to protesting the required possession of photo IDs. Continue reading →

Comment of the Day: “Of COURSE There’s An Unwed and Pregnant Catholic School Teacher Principle….Don’t Be Silly.”

/ Jack Marshall / 16 Comments

No irish

I encourage the long form comment here, and Ethics Alarms has many commenters who are masters of the form. I feel badly about the many longer, well thought out essays-as-comments that I do not highlight as Comments of the Day, because they represent—well, most of the time—the kind of serious thought and original expression that most blogs, even many of the best, seldom see. Length is not virtue, of course, but ethics, as this post by texagg04, reminds us, is a vital topic that often does not yield answers that are easy, simple, or permanent. The post is in response to a statement from Fred, another trenchant commenter, on the thread’s discussion of whether a school is ethically obligated to allow single and pregnant teachers, if in its view this undermines its efforts to teach certain values and life choices to the young. Fred wrote:

““Doesn’t have to take the job” is not an ethical or legal excuse if there’s a discriminatory requirement not related to doing the job. Being pregnant while teaching does have some relation to the job. Mopping while Methodist doesn’t….There’s an ethics question in whether the school lived up to their religious principles and a legal issue of arguable sex discrimination.”

Here is texagg04’s reply and the Comment of the Day, to the post, Of COURSE There’s An Unwed and Pregnant Catholic School Teacher Principle….Don’t Be Silly.:

 

Let’s start from the market aspect and contractual aspect, and disregard existing law initially…

An employer creates jobs when he senses the market demands a value the potential job can provide. I think the answer lies between two poles: Continue reading →

Of COURSE There’s An Unwed and Pregnant Catholic School Teacher Principle….Don’t Be Silly.

/ Jack Marshall / 250 Comments

pregnant nunButte Central teacher Shaela Evenson says she is planning on suing the Montana Catholic middle school that fired her for getting pregnant without the benefit of a husband. Whatever it is she is thinking (and whatever it is her lawyer is encouraging to keep thinking), it’s unethical, and I doubt the law will have much sympathy with it either.

  • She signed a contract promising “to respect the moral and religious teachings of the Catholic Church in both her professional and personal life”—a bit broad for my tastes, but this episode was pretty obviously exactly the kind of thing such a clause was designed to forbid, and nobody forced her to agree to it.

  • As Patrick Haggarty, the superintendent of Catholic schools for the diocese, said,  Evenson “made a willful decision to violate the terms of her contract.” It’s hard to argue that getting pregnant before marriage isn’t a willful decision, if she wasn’t raped.

  • Haggarty also notes, “The Catholic moral teaching is that the sacrament of marriage is a holy union between a man and a woman.” That sounds about right. Continue reading →

The Right’s Unethical, Ignorant, Un-American And Dangerous Attack On Debo Adegbile

/ Jack Marshall / 61 Comments
"How can you trust him to head the Civil Rights Division of the Justice Department? He's a Lawyer!"

“How can you trust him to head the Civil Rights Division of the Justice Department? He’s a Lawyer!”

I don’t know much about Debo Adegbile, President Obama’s choice to head the Justice Department’s Civil Rights division. I know that he could hardly be more of a disaster than the current Attorney General, Eric Holder, and that the odds are that he would have to be much better. It may be that Adegbile is superbly qualified; it may be that he isn’t qualified at all. But I do know, with 100% certainty, that his representation of a convicted cop killer to seek to overturn his conviction is completely, absolutely irrelevant to his qualifications or character, and that for conservatives, Republicans and GOP Senators in Adegbile’s confirmation hearings to argue otherwise is both irresponsible and contemptible.

I first learned of this controversy from conservative radio host Mark Levin, who can really be an ugly hypocrite at times, and this was one of those times. Levin is a distinguished lawyer and an ethical one*; I refuse to believe that he does not comprehend ABA Model Rule 1.2 (b) or its importance to his profession. It reads:

“A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social or moral views or activities.”

This principle is essential to allow, not merely the justice system but the entire rule of laws in a democracy, to function properly, and any lawyer who cynically, unethically, and dishonestly undermines it is playing with fire. “It is a move,” writes  Prof. Jonathan Turley, “that strikes at the heart of the notion of the right to counsel and due process”—-but it is much more than that. If every citizen does not have full access to the laws of the land, the ability to use them to his own benefit and protection whatever his purpose, as long as it is legal, then this is not a government by the people and for the people, but rather a government of law-manipulating specialists and experts who bend ordinary citizens to their will through the use of complex, convoluted, jargon-riddled statutes and regulations that their victims can’t possibly understand. Continue reading →

Facebook’s Promote Policy: Annoying And Perhaps Stupid, But Unethical?

/ Jack Marshall / 19 Comments

Zuck34_fbblue2

I have been wading through the many online complaints about Facebook’s  aggressive policy, begun in earnest back in 2012, of reducing the number of “friends” a Facebook user’s posts reach (by about 85%) and then charging the Facebook user a fee to reach more of them. Frankly, as a less-than-intense Facebook user who necessarily spends most of his web-content time running a blog, I didn’t even pay attention to the “promote” button, and wasn’t even aware of the change. The Facebook revenue-generating move is described here and here, but what happened is pretty simple  and easy to understand. Having sucked a lot of people, groups and businesses into using their free service to reach family, friends, like-minded souls and potential customers, Facebook then changed the rules and is now charging for them to get the same reach that was free for quite a while. Is this unethical?

Some, indeed many, think so. Here is the New York Observor:

“This is a clear conflict of interest. The worse the platform performs, the more advertisers need to use Sponsored Stories. In a way, it means that Facebook is broken, on purpose, in order to extract more money from users. In the case of Sponsored Stories, it has meant raking in nearly $1M a day.”

This is Dangerous Minds, in a widely circulated attack on Facebook called “I want my friends back”:

“It’s perhaps the most understated stick-up line in history, worthy of a James Bond villain calmly demanding that a $365 million dollar ransom gets collected from all the Mom & Pop businesses who use Facebook. How many focus groups do you reckon it took until Facebook’s highly paid marketing and PR consultants finally arrived at such an innocuous phrase for describing information superhighway robbery?”

Robbery? Conflict of interest? A hold-up? Bait and switch? This is the kind of tantrum that shows how easy it is for unscrupulous politicians to use the profit motive, free enterprise and capitalism as cheap scapegoats for every problem under the sun, all the better to build support for a massive, all-powerful government that will make everything right, and ensure that we all have lollipops and rainbows regardless of talent, effort, hard work or the cruel turns of fate.* Facebook created this service millions use for free—how dare the bastards try to make money out of their ingenuity and enterprise? Don’t we all, in a real sense, own Facebook? Shouldn’t we? Continue reading →