Law & Law Enforcement

Surprise! The ACLU Takes A Break From Partisan Advocacy And Defends Free Speech

/ Jack Marshall / 5 Comments

I guess the erstwhile “non-partisan” individual rights organization has to do this once in a while so it can claim it hasn’t become the Democratic Party ally that it is, but the gesture is still welcome.

Yesterday, the American Civil Liberties Union argued that the gag order the judge overseeing former President Trump’s federal 2020 election criminal case in D.C. slapped on him is unconstitutionally broad and vague….which, of course, it is.

“Former President, and now Defendant, Donald Trump has said many things,” the ACLU wrote in a court filing. “Much that he has said has been patently false and has caused great harm to countless individuals, as well as to the Republic itself. Some of his words and actions have led him to this criminal indictment, which alleges grave wrongdoing in contempt of the peaceful transition of power. But Trump retains a First Amendment right to speak, and the rest of us retain a right to hear what he has to say.”

Naturally, the ACLU doesn’t have the guts to weigh in on Trump’s side without including a gratuitous attack on: can’t have the group’s Trump Deranged supporters taking offense, after all !

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Minneapolis’s Woke And Deluded DA Foiled By An Ethical Judge

/ Jack Marshall / 15 Comments

Good.

In 2019, 39-year-old Steve Markey, sitting in his car in Minneapolis, was murdered during an unsuccessful carjacking attempt. The two teenage suspects both fired shots at Markey. They were arrested the next day after a string of other violent crimes. Both confessed to the murder.

Minneapolis’s DA before the current woke District Attorney Mary Moriarty said he would try the defendants as adults. One of the defendants, Husayn Braveheart (above), now 20 years old, fought to have his case remain in juvenile court where the punishment would be more moderate than in adult court: his co-defendant received a 22-year sentence when tried as an adult. In November 2022, the Minnesota Supreme Court ruled that Braveheart should be certified for trial as an adult after determining the State had met the burden of proof on a series of public safety factors including Braveheart’s culpability and his history of failing to participate in diversion programs and other therapy.

But at a pretrial hearing in August, Moriarty announced that she had entered into a plea agreement in which Braveheart would serve just 1 year in a workhouse and 5 years of probation.  Under the deal, the 20-year-old would serve no prison time for murder.

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Where Have You Gone, James Donovan, Our Nation Turns Its Fearful Eyes To You…[Updated]

/ Jack Marshall / 10 Comments

Woo woo woo.

Yesterday, I was moved to re-watch “Bridge of Spies,” the excellent Spielberg and Coen Brothers-told tale of James Donovan, the lawyer (portrayed by Tom Hanks) who negotiated the release of Francis Gary Powers in exchange for convicted Soviet spy Rudolf Abel. Maybe something in the deep recesses of my mind was triggered by yesterday’s post about the rigged prosecution, trial and conviction of the four Minnesota police officers involved in George Floyd’s death. What was striking about the movie was that Donovan is shown being recruited by his law firm to defend Abel, described as “the most hated man in America” at the height of the Cold War, to demonstrate to the Soviets that we guarantee a fair trial and zealous legal representation to everyone accused of a crime, irrespective of public opinion and the nature of the crime. Everyone has the same rights.

Donovan did defend Abel, even though it is made clear in the film that the judge was determined to see him convicted and that Donovan himself as well as his family were endangered by his taking the case. After Abel was convicted despite the fact that the evidence used by the prosecution should have been excluded as the “fruits” of an illegal search, Donovan appealed the result all the way to the U.S. Supreme Court, defying his firm’s opposition to him continuing the case. His partners argued that the unpopularity of Abel risks alienating clients. Donovan’s initial representation sent the required symbolic message, they said, and even though the conviction may have been unjust, there was no reason to be obsessed with those due process and rights details, not for an enemy spy who might have been facilitating an enemy’s nuclear attack.

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George Floyd Ethics Train Wreck Update: Don’t Tell Me This Is A Surprise…

/ Jack Marshall / 12 Comments

Let’s begin with a side bet: What will you wager that any major mainstream media outlet will report this?

Alpha News tells us that (the bolding is mine)…

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(Pssst! Democrats! Grandstanding And Seeking The Approval Of Dummies Isn’t Governing…Or Ethical)

/ Jack Marshall / 3 Comments

This is bad even in the rotten “Jeopardy!”category of “Bills that can’t possibly be passed and that will probably be over-turned as unconstitutional anyway.”

A witch’s brew of some of the most unethical and incompetent members of the U.S. Senate ( Senator Cory “I am Spatracus” Booker, Sen. Sheldon Whitehouse (D-R.I.), Sen. Richard Blumenthal (D-Conn.) and Sen. Alex Padilla (D-Calif.), and it was co-sponsored by Sensator Mazie Hirono (D-Hawaii), easily the dumbest member of the Senate, Jeff Merkley (D-Ore.), Peter Welch (D-Vt.) and Brian Schatz (D-Hawaii) have entered a court-packing bill allowing the President to appoint a new Supreme Court justice every two years, with that justice hearing every case for 18 years before the law would limit his or her authority to only hearing a “small number of constitutionally required cases,” a smaller subset under the court’s “original jurisdiction,” such as disputes between states or with foreign officials.whatever that’s supposed to mean.

The Hill explains the alleged reasons for the proposed law as “ongoing concerns over court ethics and its increasingly conservative makeup.” The ethics issue wouldn’t be addressed by the law at all, and “its increasingly conservative makeup” is at once over-stated and not a valid justification for weakening the Court. Head dolt Booker made this inadvertently clear in his statement, as Democrats want to hamstring this Court because they don’t like its decisions:

“The Supreme Court is facing a crisis of legitimacy that is exacerbated by radical decisions at odds with established legal precedent, ethical lapses of sitting justices, and politicization of the confirmation process. This crisis has eroded faith and confidence in our nation’s highest court. Fundamental reform is necessary to address this crisis and restore trust in the institution.”

(Which party politicized the confirmation process beyond repair, Sparty? Which party has pursued the tactic of dredging up dubious accusers to smear nominees with unproven allegations?)

Whitehouse—boy, this guy is awful—added,

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Finally, The Evidence That Proves “Shoeless Joe” Wasn’t Just An Innocent Dupe (And That Hollywood Has Been Glorifying A Creep)

/ Jack Marshall / 13 Comments

Don’t you love it when new evidence is discovered that casts new light old historical controversies, or better yet, show that the popular version of history is dead wrong?

A long-buried trial transcript that has been withheld from public consumption for almost a century has finally been published. The case was Joe Jackson v. Chicago American League Baseball Club, a two week trial held in Milwaukee in early 1924. “Joe Jackson, Plaintiff, vs. Chicago American League Baseball Club, Defendant—Never-Before-Seen Trial Transcript” thoroughly disproves the popular image of Shoeless Joe Jackson, the greatest player among the eight Chicago White Sox players who were banned from the game for life after accepting money from gamblers to throw the 1919 World Series.

According to “Field of Dreams” (which also has the .400 batting left-handed hitter hitting right-handed) Joe is wise, passionate, and dedicated to the game. “Eight Men Out” the 1988 film about the scandal, based on author Eliot Asinof’s 1963 book, shows Jackson as an illiterate scapegoat who was not involved in the planning of the scheme and who only agreed to participate after the fix was in, The movie shows a conflicted Jackson telling “Black Sox” manager Kid Gleason that he does not want to play in the first game of the Series. Gleason orders Joe onto the field.

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The Wholly Ethical “Cancellation” Of Ryna Workman

/ Jack Marshall / 6 Comments

Many NYU law students are indignant and outraged that Chicago-based super-firm Winston & Strawn has withdrawn its offer of employment to Ryna Workman. As president of NYU Law’s Student Bar Association, Workman issued a statement stating that “Israel bears full responsibility” for the long-planned terrorist attacks that left more than 1,300 Israeli citizens dead, including at least 30 Americans.

The law firm had every right and many valid reasons to reconsider its offer to Workman, who had worked at Winston & Strawn as a summer associate. In a statement, the firm said her comments “profoundly conflict” with the firm’s “values.” Yes, that, and there was also a substantial likelihood that having a terrorism-celebrating associate would cost the firm clients as well as risking tension among other firm lawyers. I would add that as a potential client, I would question the judgment of any law firm that would hire someone who showed such a reckless disregard for history, facts, and the impact of inflammatory rhetoric.

Like demented lemmings, other anti-Semites, race-baiters and critical thought-deprived NYU students issued a letter supporting Workman and condemning Winston & Strawn. The firm’s decision is an instance of the “systemic, concentrated violence” Workman has experienced since issuing her anti-Israel screed, the letter claims. That’s novel: deciding not to hire someone is “violence”! The letter’s signatories, including the Black Allied Law Students Association and the Women of Color Collective, declare that NYU is complicit “in the abuses of the Israeli government,” and condemns “the broader NYU administration for not protecting Ryna as a student and important member of our community.” How exactly can any school protect a loud-mouthed student from the consequences of her own foolishness? Oh never mind: people who reason like Ryna and her fans are always victims, and nothing is ever their fault. This is also a good reason not to hire her….or her defenders.

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ProPublica (aka. Progressives) Believe That Foster Parents Should Not Be Able To Legally Intervene To Stop Birth Parents From Regaining Custody Of Children Removed From Their Care. I Don’t.

/ Jack Marshall / 17 Comments

I’ll go farther than that. I don’t believe that parents who have had children removed from their care for neglect and being unfit parents should ever be allowed to regain custody, if the original removal was justified.

To consider and discuss the ethical issue, read this article, ProPublica’s “When Foster Parents Don’t Want to Give Back the Baby: In many states, adoption lawyers are pushing a new legal strategy that forces biological parents to compete for custody of their children.” It’s too long and detailed for me to summarize fairly, and make no mistake, it’s an excellent overview of the ethical dilemmas and conflicts involved even if the author’s bias is clear.

The author focuses on a particular conflict between birth parents and foster parents in Colorado while also revealing the different approaches taken by various states. I learned a lot: for example, having adopted our son Grant as an infant in Russia in 1995, I exhaled a long “whew!” after reading this:

“…It has become harder and harder to adopt a child, especially an infant, in the United States. Adoptions from abroad plummeted from 23,000 in 2004 to 1,500 last year, largely owing to stricter policies in Asia and elsewhere, and to a 2008 Hague Convention treaty designed to encourage adoptions within the country of origin and to reduce child trafficking. Domestically, as the stigma of single motherhood continues to wane, fewer young moms are voluntarily giving up their babies, and private adoption has, as a result, turned into an expensive waiting game. Fostering to adopt is now Plan C, but it, too, can be a long process, because the law requires that nearly all birth parents be given a chance before their rights are terminated. Intervening has emerged as a way for aspiring adopters to move things along and have more of a say in whether the birth family should be reunified.”

The article attempts to focus on what the author apparently believes is an especially sympathetic couple (above) trying to regain custody of a child placed in a foster home:

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Comment Of The Day: “Abortion Confusion Ethics: What Should We Call This?”

/ Jack Marshall / 4 Comments

This story, which I was hoping would spark more discussion here than it has so far, would be an excellent starting point for a question in a presidential candidates debate, or indeed any debate regarding the proper status of abortion in the law and our societal ethics. Right now, the negligent killing of two fertilized eggs that a married couple regarded, with considerable justification, as “their babies” is treated with less seriousness than if someone had murdered the family’s puppy. What is a fertilized egg, a zygote, a fetus, an embryo, and a newborn baby? It can’t possibly be that their true nature as human beings (or not) with the right to be protected (or not) under the law is magically altered according to what the mother chooses to believe, or what a legislature decrees…can it?

Here is James Hodgson’s Comment of the Day on the post, “Abortion Confusion Ethics: What Should We Call This?”:

***

Negligent homicide by the staff, and strict financial liability for the corporation, are evident here, in my view. I know this sounds harsh to some, but so is the killing of an unborn child.

Over the past decade, my wife and I caught several errors in prescription fulfillment in our own meager regimes of pharmaceuticals. This happened at three of our previous insurance-preferred pharmacies. It is also reported anecdotally by a number of people I know.

Fortunately for us, we detected the errors before taking any wrongly prescribed drugs, and we learned to double-check everything, every time. (These errors also gave us more motivation to improve our nutrition and fitness in order to escape prescription drugs altogether.)

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The Amazing Trevor Bauer Ethics Train Wreck, Part 2: Villains, Victims, Heroes And Confusion

/ Jack Marshall / 13 Comments

There has already been an addition to what is known about this horrible ethics story. That’s the main (but far from only) villain of the tale above, Lindsey Hill, who plotted to extort Major League pitching star Trevor Bauer, as described in Part 1. I had never seen a photo of her before: she looks exactly as I would have expected her to look. Hill is already hard at work trying to squeeze every last drop of celebrity out of her scheme, and, of course, the popular culture being the scummy place it is, there are plenty of disgusting people out there ready to accommodate her. Now that Howard Stern is old and woke, she moved on to Alex Stein, who had her as a guest on his show “Prime Time With Alex Stein” on Glenn Beck‘s Blaze Media network. Stein is a professional asshole whose idea of comedy is to disrupt public meetings and confront politicians in public. Having Hill on his show gave this creep a chance to get into graphic descriptions of sexual activities, a la Stern.

Hill played the cliche “I’m an alcoholic, pity me” card, then tried to stick to her lie using various strategies. She reminded her host that two more women came out as she was in the process of extorting Bauer to claim he had abused them too. Two words regarding that: Bret Kavanaugh. The me-too #MeToos provided even less convincing evidence than Hill did, and we now know she was lying. She also offered the risible explanation of the damning morning-after video revealed by Bauer that bad lighting was to blame for the apparent absence of the injuries she had claimed. Was bad lighting also responsible for her grinning like the Cheshire cat?

Since we’ve started on Hill, I might as well finish.

1. Lindsey Hill, Villain

As I said, she’s the Number #1 Ethics Villain, and she did far more harm than just derailing Trevor Bauer’s career and reputation. She kicked #MeToo in the metaphorical solar plexus when it already was reeling. “Believe all women” had already been discredited as a slogan, but thanks to Hill, “Don’t automatically believe any women” is about to take its place. And there was more damage, which I will discuss here later.

Several conservative commentators have already opined that the law needs to find some way to punish sociopathic predators like Hill. Writes Miranda Devine in the New York Post, “It will never end until there are penalties for making false allegations that ruin a man’s life. Hill needs to be charged, like Jussie Smollett was for faking a hate crime.  Without consequences, malignant behavior only proliferates.” That sounds good, but this will only happen when women’s rights activists and the eager-to-pander politicians who grovel to them reverse course after opposing any negative consequences for women who falsely claim rape, harassment or sexual abuse. The standard argument remains the same: women are already too reluctant to accuse powerful men of sexual misconduct, and if they face real penalties should their allegations not meet evidentiary standards, even fewer will brave the storm, so more evil men will have their way. This is, and has always been, a utilitarian balancing act, with no clear or ideal solution.

The best that can be done about people like Hill right now is cultural and societal shunning. We should make sure everyone knows that generically attractive blonde face and her name, and employers as well as potential friends and lovers should be well aware that she’s a grifter who cannot be trusted. Post her image and deeds widely. If she ends up alone and making a living in low rent peep shows or as a geek biting the heads off live chickens, good. That’s one kind of justice.

It is only fair to mention that there is an unintended benefit of Hill’s vile conduct. Providing an ugly, throbbing example of how the #MeToo ideology can be abused (and why the Obama/Biden directive to colleges and universities to stack sexual misconduct cases against male students) is useful to those fighting these excesses. Thanks, Lindsey! You’re a blight on society, but not a completely useless one.

2. Trevor Bauer, Ethics Hero

Bauer is the only hero in the train wreck. He did nothing wrong (how he and his consenting sex partners choose to enjoy themselves is not wrong) and consistently denied wrongdoing throughout his ordeal. He followed the system, worked through his labor union and kept his mouth shut other than to tersely insist on his innocence. He did not attack Major League Baseball, nor take to social media to tell the world about Hill. Although well-versed in that mode of pubic communications, Bauer did not seek pity, threaten, or post drawings of himself standing with Jesus. His conduct throughout has been exemplary.

Most admirable of all, Bauer did not pay off Hill. No weenie he. It would have been easy to do so, his career would have continued unblighted, and he would barely miss the money: even with his suspension without pay for more than a season, Bauer has made $111,654,099 so far in his career, and at 32, he may not be done yet. In this matter he is an exemplar and role model. He was determined to fight, and that’s what ethical people should do. True, because he was already rich, Bauer could afford to be principled, but so many others who also can afford it, don’t.

This is as good a place as any to note Hall of Fame Braves pitcher Tom Glavine’s comment on the Bauer fiasco. “I would not want to be playing any professional sport in today’s world,” he said. “Listen, the money’s great, it always gets better every generation, but the things that guys have to deal with today, it’s off the charts. I mean, you can’t go anywhere without somebody having a camera. You can’t go anywhere without somebody videotaping.” In short, they are marks for evil people like Lindsey Hill, and unscrupulous women empowered by society’s current groveling to feminists and #MeToo activists.

3. Ethics Villains, the sports media.

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