Law & Law Enforcement

Unethical Quote Of The Month (Trayvon Martin-George Zimmerman Ethics Train Wreck Division): President Barack Obama

/ Jack Marshall / 71 Comments

 “I just ask people to consider if Trayvon Martin was of age and armed, could he have stood his ground on that sidewalk? And do we actually think that he would have been justified in shooting Mr. Zimmerman, who had followed him in a car, because he felt threatened?”

—-President Barack Obama, in hisunscripted remarks yesterday regarding public reaction to the George Zimmerman acquittal.

"That was fun! Let's do it again!"

“That was fun! Let’s do it again!”

The chorus of Hosannas following President Obama’s latest foray into inappropriate Presidential interference with local law enforcement—a virtual trademark of his leadership—were as predictable as it was wrong. As for the President’s remarks, they were more than wrong: they were reckless, foolish, irresponsible and dangerous.

That race relations is an appropriate topic for a Presidential address is not in question, nor is it to be denied that many of the comments and observations in President Obama’s remarks yesterday were valid, nuanced, perceptive and worth making—at another time, in connection with another case, and certainly not in connection with this case, at this time. That this is true should be obvious, and it should have been especially obvious to President Obama. That he went ahead and made those statements anyway suggests either a stubborn arrogance or sinister motives. Third alternative is stupidity, and the President is not stupid. Continue reading →

The Betrayal of J.K. Rowling

/ Jack Marshall / 29 Comments

Mr. Gossage may have a difficult time practicing law in his new body...

Mr. Gossage may have a difficult time practicing law in his new body…

J.K. Rowling, she of “Harry Potter” fame, had a secret. She had written a detective novel using a pen name, a not unusual tactic for an author identified with a particular genre who wants to diversify without the handicap of reader and critic biases. The usual course, as practiced by other popular writers like Stephen King, is to launch the new novel or novels under a pseudonym (King’s was Richard Bachman), harvest positive reviews and healthy sales without their true identities being known, and then give sales another boost by tearing off the mask.

But Robert Galbraith, author of the detective novel “Cuckoo’s Calling,” was outed to the press as Ms. Rowling prematurely, and Harry’s creator was understandably miffed. Who did it?  All the suspects shrugged,looked behind them, and exclaimed, “Not me!”, perhaps afraid of being turned into a rat, a fate the inventor of Hogwarts is probably capable of executing. Finally, however, the truth emerged: the culprit was one of her lawyers. Continue reading →

For Those Willing To See It, The Justice Department’s Conduct Regarding George Zimmerman Is Definitive Proof Of Corruption

/ Jack Marshall / 71 Comments
When John Mitchell starts looking good, you know we have an Attorney General problem...

When John Mitchell starts looking good, you know we have an Attorney General problem…

President Obama and Eric Holder are feeling great pressure, says the Washington Post, to bring federal charges against George Zimmerman. All of the President’s most vocal supporters want a federal prosecution to address the “injustice” of the Florida jury’s acquittal of the man who shot Trayvon Martin. Yet informed observers, analysts, academics and attorneys both in and out of the Justice Department say that the likelihood of a conviction would be small or non-existent. A civil rights prosecution would have to prove racial animus and hatred on Zimmerman’s part, and there is just no evidence of that, as the trial just concluded shows.

There is no evidence of a civil rights violation. Since there is no evidence, there is no genuine issue or controversy. Unscrupulous organizations, self-interested activists and ignorant citizens, all apparently firmly in the political camp headed by President Obama and Attorney General Holder, his loyal lieutenant, are calling for a prosecution that will continue a vendetta-based persecution predicated on false assumptions and bias. And my question is… Continue reading →

Ethics Hero: Thomas McGregor

/ Jack Marshall / 23 Comments
"Just paying off my student loans..."

“Just paying off my student loans…”

One of the criteria for admission to the practice of law is proof of good character, and what is considered proof of bad character will keep even a stellar law grad out of the courtroom. Bad character can be inferred from many kinds of conduct—criminal convictions, lies under oath, and failing to meet financial obligations, among others. The latter has occasionally blocked an otherwise qualified young lawyer from entering the profession when unpaid debts get out of hand, and that means that the most prominent unpaid debts in recent headlines, student loans, can sometimes foil a legal career. New York law grad Robert Bowman, last I checked, was still trying to convince the New York Bar that being over $400,000 in debt on his student loans didn’t mean he wasn’t fit to practice law. So far, he hasn’t succeeded.

Maybe he should follow the lead of Thomas McGregor.  Continue reading →

Unethical Blog Post of the Month (Trayvon Martin-George Zimmerman Ethics Train Wreck Division): “The Wire” Creator David Simon

/ Jack Marshall / 22 Comments
Well, that's one more show I won't be watching on Netflix...

Well, that’s one more show I won’t be watching on Netflix…

On his blog, the creator of the critically-praised HBO drama “The Wire” hit all the marks of Trayvon Martin derangement—misstatement of facts, ignorance of the law, presumption of guilt without proof, unreasoning fury, and appeal to violence. David Simon wrote, Continue reading →

A Question For The Zimmerman Verdict Protesters: What Do You Think You’re Protesting?

/ Jack Marshall / 127 Comments

justice-for-trayvon-martinThe protests of the George Zimmerman acquittal taking place around the country on campuses and cities has been largely peaceful, which is something, I guess.  Nonetheless, pointless and misguided protests are, in my view, unethical, as those of you who recall my posts about the Occupy movement will recall. They waste public resources, inconvenience bystanders, and risk violence, not to mention trivializing a key tool of democracy. If you are going to demonstrate, you are ethically obligated to have your facts and grievances straight and clear, and a practical objective in mind. By this measure, the post-verdict “Justice for Trayvon” protests fail.

What do protesters mean when they chant, “Justice for Trayvon,” now? What do they want, and why do they think it is reasonable to want it? I have listened to and read so many radio hosts, talking heads, experts, lawyers, activists, callers, friends and relatives on this story, and the truth is this: those who are angry about the verdict and want to sign petitions and carry placards about it cannot articulate a single legitimate reason that is supportable by fact or law. Not one.

I say this not because I am a “Zimmerman supporter.” I am not a Zimmerman supporter. Nor am I a  Trayvon Martin supporter, though I am sorrowful that his young life was cut short. This isn’t a team sport, and it certainly isn’t a game. Those who have used this sad tragedy to divide, polarize and demonize belong on a splintered spit in Hell. I have pleaded for an honest, rational, fair justification, other than raw emotion, for the indignation over this case, requiring only that the facts cited actually apply to what happened in Sanford, and not a litany of racism through the centurues. I haven’t received them, and that is because they don’t exist.

So I ask the protesters, both on the streets and campuses and the pundits, activists, columnists and elected officials:

What is it that you want, and why do you think this episode is the fair and rational place to make your stand? Continue reading →

Comment of the Day: “Incomplete Ethics Observations On George Zimmerman’s Acquittal”

/ Jack Marshall / 140 Comments
The defendant found "not guilty" in "12 Angry Men" was also probably guilty...

The defendant found “not guilty” in “12 Angry Men” was also probably guilty…

Charles Green, a treasured commenter on this blog and wise man, manages to perfectly illustrate, in this comment on the post “Incomplete Ethics Observations On George Zimmerman’s Acquittal,” how completely confused and misguided the liberal establishment and the public generally has become regarding race and justice in this country, and how the Martin case has metastasized the problem.  I’ll let Charles have his say, and return at the end.

“This is the Red State revenge for the OJ verdict. Both were infuriatingly irksome to the opposing party; narrowly legal in the “letter not the spirit” sense of the law; and wildly at odds with decency.

“Jack, you really must stop this silly “if he was white” line of argument. There is no racial equivalency between minority and majority cultures, and in particular between black and white in this culture; you simply can’t substitute one variable for the other and expect logical connections to obtain. Continue reading →

Incomplete Ethics Observations On George Zimmerman’s Acquittal

/ Jack Marshall / 45 Comments
Just et me finish all this, and then I might be able to wade more deeply into the Trayvon Martin-George Zimmerman mess....

Just et me finish all this, and then I might be able to wade more deeply into the Trayvon Martin-George Zimmerman mess….

When my stomach is feeling less queasy, I will hope to set out to undertake the Augean task of assigning the various honors and indictments arising from the apparently concluded Trayvon Martin-George Zimmerman Ethics Trainwreck. For now, however, in the wake of the jury’s most proper acquittal,  here are some briefer observations:

  • There was no way that Zimmerman could have been fairly and properly found guilty based on the evidence presented, and the fact that 1) the case was brought to trial by prosecutors and 2) the judge allowed it to go to the jury after the prosecution had failed its burden of proof, showed unethical conduct by prosecutors and, quite possibly, bias by the judge.
  • The jury was heroic, unless they were truly ignorant of all the distracting and misleading efforts from the media to condemn Zimmerman based on a political agenda, rather than the facts of the actual case. They had reason to fear for their lives, and reason to believe that a not guilty verdict would spark violence. It would have been easy, if wrong, for them to manufacture reasonable doubt as a utilitarian compromise, to sacrifice Zimmerman’s life and a just verdict to the safety of others and themselves. Of course, if they really were as ignorant of current events and the case as jurors in such high-profile trials usually have to be to get through voir dire, then perhaps the jury wasn’t courageous. In that case, it was just a good jury that did its duty well, and that makes them heroes too. They honored the jury system and our democacy, despite all the efforts to pollute it, some from very high places indeed. Continue reading →

Unethical Quote of the Week: Economist Paul Krugman

/ Jack Marshall / 30 Comments

“…The prostitute thing is embarrassing and painful to think about, but not a disqualification for public office. David Vitter is still in the Senate, and in internal LA Republican politics is apparently squashing the very pious Bobby Jindal like a bug…I know that opinions differ about just how effective Spitzer’s confrontations were. But at least he tried — which is more than you can say about almost anyone else in our political life. Basically, the malefactors of great leverage were bailed out and went right back to being bad guys again, and everyone in public life pretended that nothing had happened. That, I think, is why there’s a surprising reservoir of support for Spitzer; people remember him as someone who showed at least some of the righteous outrage that has been so wrongly absent from our national discourse. It’s a useful reminder, and it’s why I regard his entry into the race, win or lose, as a good thing.”

–— Inexplicably revered progressive economist and New York Times columnist Paul Krugman, discussing the re-entry of Eliot Spitzer into New York state politics on his blog. Spitzer, despite having to resign from office as governor because he was caught partaking in the services of a prostitution ring—the same kind of enterprise he aggressively prosecuted as state attorney general, is now running for comptroller.

Explain, please: How can anyone rely on the judgment of someone whose ethical reasoning is this miserable?

Explain, please: How can anyone rely on the judgment of someone whose ethical reasoning is this miserable?

I do not understand how anyone can read or take seriously Krugman’s opinions on budget management and national affairs—he thinks that the national debt is no big deal at the moment, a position that is essential to Obama-enabling—when the favorite economist of progressives and Democrats can write something as indicting as the quote above. The post is appallingly irrational, irresponsible and unethical: it suggests that the author’s judgment is miserable, that his ethics are negligible, that his biases rule his intellect….and that, apparently with justification, he is confident that the Park Avenue liberals who quote him at dinner parties won’t lose an ounce of respect for or abandon an inch of reliance regarding a champion who believes such rot. Continue reading →

Ken at Popehat Weighs In On The Justin Carter Persecution

/ Jack Marshall / 3 Comments

justin-carter-1

At Popehat, where I hoped the Justin Carter arrest and imprisonment would eventually attract interest, Ken White—attorney, civil libertarian, blogger extraordinaire—writes in part…

“We have fully and foolishly subscribed to the “Think of the Children!” culture. In an era in which violent crime has plunged dramatically, we think it is up. We think so because the media — hungry for money and attention — serves us bloody context-free meat every night. We think so because law enforcement — hungry for more funding, more power, more toys — relentlessly tells us we are in danger and that our children are in danger and that the only answer is to trust and fear. We are bid to trust not ourselves and our good judgment, but law enforcement. We are bid to fear not the power of the state, but the criminal forces arrayed against us and our children — forces that only law enforcement can hold at bay. We accept this. But who poses more of a risk to us, and to our children: the Justin Carters of the world, or the state that will file dishonest and misleading warrant applications against him, the state that will confine him to be beaten and stripped naked in a cell, the state that will confine him for a crass joke?”

Read the entire, excellent post here.

Ethics Alarms hopes Popehat joins with us in promoting…

August 1, 2013

as “Quote Justin Carter On Social Media Day.” Even more, I hope that the charges against Justin Carter are dropped before the first, though the protest should go forward. The Justice Carter prosecution for free expression on his Facebook page is infinitely more significant and important to the nation than the show trial of George Zimmerman, though they are related: in both cases, deliberate efforts to inflame the public for political gain resulted in the flagrant abuse of prosecutorial power. It isn’t enough that Justin is spared…we need to make sure this stops now, and forever.

Note: You can register your support for the protest at Jeff Field’s event page, here.