Law & Law Enforcement

Clueless or Dishonest? Another Questionable Judicial Pick Appears Headed to a Senate Rejection. Good.

/ Jack Marshall / 3 Comments

President Joe Biden’s apparently radical nominee to the Philadelphia-based 3rd U.S. Circuit Court of Appeals, Pakistani-American lawyer Adeel Abdullah Mangi, looks doomed after Senator Jacky Rosen of Nevada became the latest Democrat to publicly announce that she could not support him. Earlier, the other Nevada Democratic Senator Catherine Cortez Masto had joined lame duck maverick Joe Manchin of West Virginia in opposing the nomination, a DEI pick if there ever was one.

In addition to having no judicial experience, Mangi supports two radical organizations that have signaled some rather alarming values, indeed he helps lead them, by serving on the advisory boards of Rutgers Law School’s Center for Security, Race, and Rights and the Alliance of Families for Justice.

The Rutgers center, which Mangi has contributed thousands to support, is under investigation by the Senate Judiciary Committee for hosting an event on the 20th anniversary of the 9/11 attacks featuring pro-terrorist Sami Al-Arian, who was convicted of providing material support to the Palestinian Islamic Jihad. The Center’s director, law professor Sahar Aziz, regularly enlivens his Twitter/”X” feed anti-Semitic rhetoric. Now, these issues could be addressed, explained and defended (though perhaps not successfully), but the aspiring judge used the excuse that he had no knowledge that either of these had occurred in the organization he serves in an advisory capacity when Sen. Lindsey Graham (R., S.C.) asked him about the group’s programming and Aziz’s anti-Semitism.

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Does Justice Merchan Have Conflict of Interest?

/ Jack Marshall / 10 Comments

In August, Manhattan Supreme Court Justice Juan M. Merchan, tasked with presiding over the criminal case against Donald Trump in Manhattan for 2016 “hush money payments” in violation of election laws, rejected Trump’s lawyers’ claims that the judge had disqualifying conflicts of interest and should recuse himself. The reasons for the recusal seemed a stretch at the time, easily the weakest being that, during the 2020 presidential campaign, Justice Merchan had donated the grand total of $15 to Joe Biden. Another was that the judge’s daughter, the president and chief operating officer of a digital marketing agency that has clients who are Democratic candidates, was obviously going to benefit financially Merchan’s decisions in the case.

Justice Merchan ruled, relying, he said, on the guidance of a state advisory committee on judicial ethics, that his impartiality could not “reasonably be questioned” based on “de minimus political contributions made more than two years ago” or his daughter’s business. The latter, he said, could not be substantially affected by the trial. Trump’s attorneys had “failed to demonstrate that there exists concrete, or even realistic reasons for recusal to be appropriate, much less required” because of his daughter’s activities.

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Ethics Dunces: 18 Democratic Senators (and Bernie Sanders)

/ Jack Marshall / 7 Comments

For the record, the 18 are U.S. Senator Alex Padilla (D-Calif.), Chair of the Senate Judiciary Subcommittee on Immigration, Citizenship, and Border Safety, and U.S. Senate Majority Whip Dick Durbin (D-Ill.), Chair of the Senate Judiciary Committee, and Senators Catherine Cortez Masto (D-Nev.), Ben Ray Luján (D-N.M.), Bob Menendez (D-N.J.), Michael Bennet (D-Colo.), Cory Booker (D-N.J.), Laphonza Butler (D-Calif.), Ben Cardin (D-Md.), Tammy Duckworth (D-Ill.), John Fetterman (D-Pa.), Mazie Hirono (D-Hawaii), Edward J. Markey (D-Mass.), Jeff Merkley (D-Ore.), Jacky Rosen (D-Nev.), Bernie Sanders (I-Vt.), Chris Van Hollen (D-Md.), Raphael Warnock (D-Ga.), and Ron Wyden (D-Ore.).

They all signed a letter urging the Biden Administration “to take all available actions to streamline pathways to lawful status for undocumented immigrants.” “Undocumented immigrants” are illegal immigrants, and that is all you need to know to assess the unethical and irresponsible nature of the letter, as well as all the signatories to it, which is pretty much a Rogues Gallery of the most radical and destructive Senators in the upper House, with a few surprising exceptions.

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Oh Look, What a Surprise…California is Considering Another Law Sticking the State’s Nose Where It Doesn’t Belong

/ Jack Marshall / 8 Comments

I don’t understand why anyone continues to live or work in California, a state with a culture that lurches between stupid, irresponsible and deluded.

The headline above does not refer to the recent, bone-headed decision to give fast-food workers up to a 25% raise, with cooking Big Macs the minimum wage jumping to $20 an hour in that sector next week. “It’s a big win for cooks, cashiers and other fast-food workers ” says taxpayer-funded progressive propaganda organ NPR. Right. Fast food wages have been growing at a faster clip than almost any other sector since the pandemic, with the result that more outlets are moving to automation, which means, as has happened every time the minimum wage jumps, lower-paid workers—whose skills often aren’t worth the minimum wage— will lose their jobs. Meanwhile, fewer people with strained budgets will buy fast food because of the duel problems that it’s no longer fast, and is absurdly expensive, and California is already one of the most expensive states.

Oh, who knows: maybe all those vegans and health nuts in the Golden State want to wreck the fast food business. More likely, however, it’s just that legislators there—Suspense! Will they actually vote to make all Californians-of-the-right-color millionaires?—don’t understand economics, cause-and-effect and reality.

But I find the proposed law this post concerns more offensive from an ethics point of view if less destructive. California Assemblyman Matt Haney wants California to be the first in the country to give employees the legal right refuse to respond if their superior calls after hours. Then the law would permit workers to ignore emails, texts and other work-related communications until the next day after the work day has begun. “People now find themselves always on and never off,” the Nanny State fan said. “There’s an availability creep that has reached into many people’s lives, and I think it’s not a positive thing for people’s happiness, for their well-being, or even for work productivity.”

Oh, shut up. The law aims to give workers a legal right to be unprofessional. If you have a job and believe in ethical work values, you believe in diligence, responsibility and self-sacrifice. If you believe in personal autonomy and character, you believe that human beings need to be able to make intelligent choices about their life, including their careers, without being bolstered by the legal right to stand up to bullies, jerks and unreasonable supervisors.

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Ethics Hero: The Washington Post

/ Jack Marshall / 4 Comments

I know what many of you are going to say. The Washington Post is an unalloyed ethics villain. It has distorted facts and editorialized in news reports. It employs indefensible partisan propagandists like Philip Bump. It even “stood by” Bump’s false reporting when Prof. Turley exposed it.The paper played a substantial role in rigging the 2020 election by deliberately slanting its reporting against then-President Trump and in favor of Joe Biden. It is unquestionably an unethical, biased, partisan news source.

That, however, makes its editorial titled “Donald Trump deserves his day in appeals court” all the more remarkable and praiseworthy. The ridiculous and obviously politically-motivated New York civil case verdict against Trump that originally required him to post an unprecedented $464 million bond in order to appeal it has been mocked and condemned in the conservative media. It should have been, for it is transparent effort to cripple the putative GOP Presidential nominee financially so he is handicapped in his campaign against President Biden. Most of the Trump Deranged, in contrast, have cheered the result. As a certifiable Trump-detesting news organization, however, the Post’s call for fairness and due process for their frequent target carries more weight and persuasive power than any argument appearing in the New York Post, the Washington Free Beacon or Fox News.

Highlights from the editorial:

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Baseball Gets the Gambling Scandal It Deserves.

/ Jack Marshall / 7 Comments

Shohei Ohtani is, when healthy, the best baseball player alive as well as the most remarkable. No one since Babe Ruth (and no one before Babe either) managed to be a star slugger and an ace pitcher simultaneously, and Ruth never filled both roles in equal measure in the same seasons like Ohyani has. It may well be that the imported Japanese star isn’t as great a hitter as Babe or as overpowering a pitcher either, but never mind: he’s star quality on the mound and at the plate, and that is unprecedented.

The undisputed most valuable player in baseball signed a massive free agent contract with the best team in baseball (and, after the despicable Yankees, the best known), so Major League Baseball was confident that it had hit the metaphorical jackpot. And then…disaster struck.

During a Seoul, South Korea, series between the Dodgers and San Diego Padres, it was revealed that Ippei Mizuhara, Ohtani’s interpreter since 2013 who followed the star to the United States in 2018, had been illegally gambling on sports; a law enforcement investigation of a bookie uncovered his activities. Ohtani’s name was bank transfers to the bookie to cover Mizuhara’s gambling losses, but Mizuhara insisted that his boss and friend knew nothing about the gambling. The Dodgers fired Mizuhara and the official story coming from Ohtani’s lawyers was that Mizuhara had been stealing money from Ohtani.

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Fixing This Problem Requires Leaping Onto a Slippery Slope: Should We?

/ Jack Marshall / 16 Comments

Nicholas Kristof has sounded the alarm on the growing problem of artificial intelligence deepfakes on line. I must admit, I was unaware of the extent of the phenomenon, which is atrocious. He writes in part,

[D]eepfake nude videos and photos …humiliate celebrities and unknown children alike. One recent study found that 98 percent of deepfake videos online were pornographic and that 99 percent of those targeted were women or girls…Companies make money by selling advertising and premium subscriptions for websites hosting fake sex videos of famous female actresses, singers, influencers, princesses and politicians. Google directs traffic to these graphic videos, and victims have little recourse.

Sometimes the victims are underage girls….While there have always been doctored images, artificial intelligence makes the process much easier. With just a single good image of a person’s face, it is now possible in just half an hour to make a 60-second sex video of that person. Those videos can then be posted on general pornographic websites for anyone to see, or on specialized sites for deepfakes.

The videos there are graphic and sometimes sadistic, depicting women tied up as they are raped or urinated on, for example. One site offers categories including “rape” (472 items), “crying” (655) and “degradation” (822)….In addition, there are the “nudify” or “undressing” websites and apps …“Undress on a click!” one urges. These overwhelmingly target women and girls; some are not even capable of generating a naked male. A British study of child sexual images produced by artificial intelligence reported that 99.6 percent were of girls, most commonly between 7 and 13 years old.

Yikes. These images don’t qualify as child porn, because the laws against that are based on the actual abuse of the children in the photos. With the deepfakes, no children have been physically harmed. Right now, there are no laws directed at what Kristof is describing. He also links to two websites on the topic started by young women victimized with altered photos and deepfaked videos of them being spread on line: My image My choice, and AI Heeelp!

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Ethics Dunces: The Murrieta (California) Police Department

/ Jack Marshall / 5 Comments

Oh yeah, this will improve public respect for law enforcement and the rule of law.

The Murrieta Police Department is posting hilarious arrest and lineup photos with suspects’ faces replaced by Lego heads. This is its response to a new California privacy law that forbids the posting of mug shots and other photos of individuals arrested for non-violent offenses. The law, signed by Gov. Gavin Newsom last September, went into effect on January 1 of this year. It also requires police departments to remove other mugshots from social media after 14 days….or replace them with Lego heads, I guess. So those risible images above are not gags or the product of a Babylon Bee wag. The police actually posted them.

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Another Democratic Party Strategy to Save Democracy: Blocking “More Choices on the Ballot”

/ Jack Marshall / 4 Comments

I keep thinking some day, Democrats with ethics alarms and functioning cerebral cortexes are going to wake up, slap themselves sharply in the face, and shout, “This entire party is based on lies, deception, and hypocrisy! What the hell have I been doing?”

If today’s New York Times story titled “Democrats Prepare Aggressive Counter to Third-Party Threats” doesn’t have that effect, however, I wonder if anything will.

Since the Times here is carefully trying to inform readers about an organized effort by their readers favorite party that should be received as an indictment on its face, the article proceeds as if there are legitimate arguments pro- and con. “An army of lawyers aims to challenge the steadily advancing ballot-access efforts of independent candidates, who Democrats fear could peel votes away in swing states,” begins the Times. “The aim ”is to ensure all the candidates are playing by the rules, and to seek to hold them accountable when they are not,’ “the Times explains quoting one of the leaders of the party’s efforts. It doesn’t mention that this is pure deceit, as the paper has already explained the motivation for the assault on ballot access:

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Another Example of Why the Death Penalty Is Necessary

/ Jack Marshall / 27 Comments

My go-to case for defending the death penalty is the Cheshire home invasion, though the surviving Boston Marathon bomber Dzhokhar Tsarnaev is an equally strong, indeed I would say irrefutable case. I now have another one.

Read with care.

Kristel Candelario left on a summer vacation in Puerto Rico with a male friend, leaving her 16 month daughter Jailyn alone in a playpen with a few bottles of milk. The neighbor’s doorbell camera recorded the baby’s anguished screams as she suffered from abandonment and separation, hunger and dehydration. After a few days at the beach and another stopover in Detroit, Jailyn’s mother returned tp her Cleveland home to find her daughter dead, though she had the gall to call 911 in a panic. She’d been gone for about 10 days. I wonder what she expected to find.

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