Comment of the Day: “More Weird Tales From The Great Stupid: Oh Yeah, This Will Work Out Well…”

Unlike so many of us here so often, Jim Hodgson is writing about a topic in which he has directly relevant experience as he explains some of the issues involved in the Los Angeles (nutso-cuckoo) proposal to have non-law enforcement personnel regulate traffic violations. His Comment of the Day is lengthy but ethically delicious and nutritious, so I am going to be uncharacteristically brief in my introduction. Here is Jim’s Comment of the Day on the post, “More Weird Tales From The Great Stupid: Oh Yeah, This Will Work Out Well…”:

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There’s a lot to be unpacked on this topic. I have never found the term “pretextual stops” accurate for typical traffic stops, even when there is an enforcement emphasis on interdiction of illegal drugs or firearms. Officers are trained to be alert for signs of criminal activity and to investigate accordingly. When suspicion rises to the level of “reasonable suspicion,” officers are authorized (and expected) to detain people to determine whether or not there is criminal activity.

If reasonable suspicion becomes confirmed to the point of “probable cause” to believe that a felony crime is being or has been committed, then arrest is authorized. In my state and every state with whose laws I am knowledgeable, the traffic code is separate from the criminal code (except for overlap in areas like vehicular assault, vehicular homicide and perhaps habitual drunk driving) and are instead considered a regulatory function.

A legal traffic stop will begin when an officer witnesses a traffic violation and either initiates the stop or communicates with another officer who does so. If there is no actual traffic violation then there is no valid basis for a stop, making it a Fourth Amendment violation. If the traffic stop is factually valid, and the officer subsequently sees evidence of crime in plain view, or develops reasonable suspicion based on what he or she perceives with the five senses, the traffic stop can move into the territory of a “Terry stop,” justifying further inquiry, leading to a decision of whether or not there is probable cause for arrest.

Officers are trained to always cite or charge the violator with the original violation that precipitated the traffic stop, whether or not the extended detention results in an arrest. (In the litigious world we live in, officers are growing less and less prone to issue mere verbal warnings for traffic violations, due to frequent subsequent claims that, “If I had actually broken the law, the officer would have written me a ticket!”) This traffic stop process applies whether the violator is merely a bad or careless driver, a drug trafficker, gun runner, a burglar carrying a trunk load of stolen loot or a kindly-looking guy with a dead body in the back floorboard.

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Comment Of The Day: “Comment Of The Day: “Ethics And The Death Of Jordan Neely”

Further discussion of the Jordan Neely case is appropriate, as Daniel Penny, the US Marine veteran who apparently killed Neely, a homeless and mentally-disturbed man, while trying to protect passengers on a New York City subway train earlier this month, has been charged with second-degree manslaughter.

I expected that, and while the pressure being placed on authorities by race-hucksters trying to make this tragedy into George Floyd II probably played a part, I think Penny had to be charged. He used excessive force to engage in a defensible act of civic responsibility, and a man died. That’s manslaughter. “We believe that the conviction should be for murder because that was intentional,” said Neely family attorney Lennon Edwards said today. Right: it must have been intentional, because all white people are looking for excises to kill blacks. I can forgive the family for being angry, bitter, and legally ignorant, but Edwards’s statement is unforgivable.

Then there is the news media spin, with outlets like the Associated Press describing Neely as a “homeless street artist” to make him sound like he was restrained for painting portraits of subway riders without their consent. He was screaming at them and threatening them, and had harmed strangers before. The news media is already doing its Kyle Rittenhouse act on Penny. They want him to be tarred as a racist and murderer.

Here is Null Pointer’s Comment of the Day on Humble Talent’s Comment of the Day on the post, “Ethics And The Death Of Jordan Neely”:

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In order to live in a civilized society, citizens must agree to abide by a the rules of a social contract. No defecating in the streets. No fornicating in public. No random acts of aggression or violence. Things like that. Over the last few decades, a portion of the citizenry has decided to unilaterally rewrite the underlying rules of the social contract without any buy-in from the rest of the citizenry. What they don’t seem to understand is that this buy-in is necessary. If the vast majority of the citizenry does not agree on a new social contract, and the old contract is destroyed, then the civilization is destroyed. It reverts to fragmented tribal groups who refuse to cooperate with one another.

The attempt to normalize random acts of violence and aggression will never be agreed to by the majority of the citizenry. Safety is one of the base blocks in Maslow’s Hierarchy of Needs. If civilization cannot offer a baseline level of safety to its citizenry, then there is no reason to buy into it. The entire reason people form civilizations is to obtain a baseline level of safety. If a civilization does not offer a baseline level of safety, then what reason is there for people to subvert their own desires, customs, culture and beliefs to a larger group? Especially when that larger group also demands a large portion of the fruits of individual’s labor to be handed over to them to support that civilization.

The civilization saboteurs can keep kicking the pillars out from under the civilization, but they will not be able to stop the collapse that occurs as a result. More riots may not have the effect they are hoping for.

More Weird Tales From The Great Stupid: Oh Yeah, This Will Work Out Well…

It’s getting really, really weird out there. Today this headline actually appeared on the Newsweek site: “Couple Assaulted Outside Liquor Store Over Suspected Bud Light Purchase.” Yes, Major Clipton will make his obligatory appearance, but here is the story, which I could not believe when I first learned about it:

The Los Angeles Department of Transportation has created a draft plan to have unarmed civilians enforce traffic laws instead of the Los Angeles Police Department. The plan, obtained by the Los Angeles Times, has been on the drawing board for nearly three years but has yet to be officially released. This, I suspect, is because those who created this thing are in fear of ending up in a padded room.

As the story proves, however, all of California is now a padded room.

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Observations On The Trump Defamation and Rape Civil Trial Verdict [Updated]

Former President Donald Trump has been found liable in the rape and defamation civil suit brought by Jean E. Carroll’s civil suit, and Carroll is to be awarded a total of $5 million in damages. This was not a criminal case, because the statute of limitations for rape had run: the alleged sexual assault occurred in 1995 or 1996.

A federal jury of six men and three women found that Carroll, now 79, had proved by a preponderance of the evidence that Mr. Trump sexually assaulted her in a dressing room of the Bergdorf Goodman department store in Manhattan. The jury did not, however, find that Trump raped her, as she claims.

But because the former President on his Truth Social platform called her case “a complete con job” and “a Hoax and a lie,” the jury also found that he had defamed the plaintiff. His lawyer said he would appeal; no witnesses were called on behalf of Trump’s defense.

The ex-President’s reaction was characteristic:

Ethics observations:

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Weird Tales Of The Great Stupid: The Phony Women’s Poker Tournament

This whole story is so ridiculous on so many levels that it nicely encapsulates just how stupid The Great Stupid has become. Allow me to explain…

Dave Hughes, 70, entered what was advertised as an all-women poker tournament at the Seminole Hard Rock Hotel & Casino in Florida and won $5,555. This somehow sparked outrage, but all-female poker tournaments are illegal in Florida, violating the state’s anti-discrimination laws. Any man could have entered, but for some reason, only he did. The other 82 players were female.

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It Pains Me To Say This, But It Just Might Be Time To Stop Assuming That The FBI Is Ethical, Trustworthy Or Competent…

If you watch TV even half as much as I do, the image of the Federal Bureau of Investigation hammered into your skull weekly is that of the most dedicated, well-trained, well-run and honorable law enforcement organization on Earth. There are three hour-long dramas focusing on the FBI’s heroism; its work is also central to “Blacklist.” On the streaming platforms and on cable, special series and older FBI-centered shows are abundant: “Criminal Minds,” “Without a Trace,” “White Collar,” “Night Agent,” “The X-Files,” “Blindspot,” “Quantico,” “The Rookie,” “Shooter”…too many to list, so I won’t list them all. Movies in which FBI agents are the heroes are legion There is no agency or organization that has a more suffocating and relentless indoctrination presence in the popular culture than the FBI.

It is no wonder the that public and the media are inclined to pooh-pooh or ignore entirely the massive evidence of sinister and illegal FBI activities devoted to bringing down the Trump administration, the machinations of James Comey, and the other scandals. Periodically some glimmers of the corruption and abuse of power that has infected the FBI’s culture since the long reign of its shadowy creator J. Edgar Hoover sneak into various programs: the lying FBI forensic expert whose work is exposed in the documentary “Staircase;” and the two excellent docudramas exploring the horrors of Waco and its cover-up are examples.

Clearly, the time has come to discard the presumption of virtue that has protected the FBI for generations. It is at least as inept, corrupt, politicized and incompetent as the rest of federal government, and perhaps even more so.

An episode in Boston earlier this month—barely reported by the mainstream media, of course—strongly hints at an “Emperor’s New Clothes” situation. The FBI was holding a special training exercise at the Revere Hotel in downtown Boston in coordination with the U.S. Army. Role players—that is, actors—were supposed to help create a realistic simulation for the agents who had to react to unexpected developments. Around 10 p.m. on the evening of April 6, FBI agents banged loudly on the door of the room where a Delta Air Lines pilot was staying. The surprised guest was handcuffed when he opened the door, detained and interrogated, and thrown into the shower.

Oopsie! Wrong room number.

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I THOUGHT This Issue Would Eventually End Up At The Supreme Court, And Here It Is!

A federal appeals court in New York ruled in 2019 that President Trump’s Twitter account was a public forum from which he was powerless to exclude people based on their viewpoints. Judge Barrington D. Parker Jr. wrote for a unanimous three-judge panel of \ the U.S. Court of Appeals for the Second Circuit, “We conclude that the evidence of the official nature of the account is overwhelming…We also conclude that once the president has chosen a platform and opened up its interactive space to millions of users and participants, he may not selectively exclude those whose views he disagrees with.”

I wondered at the time if the ruling was a by-product of anti-Trump mania, and I still wonder if the same ruling would have been made had the sensitive official tweeter been Barack Obama. I confess to being torn on both the ethics and the law regarding the matter.

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Oh For God’s Sake…A 6th Grader Should Know This Law Is Unconstitutional, And The Texas Senate Doesn’t? [Corrected]

Texas Senate Bill 1515, introduced by Sen. Phil King (R-Weatherford), an ethics dunce, is on the way to the Texas House for consideration. Given the degree of right-wing derangement in Texas, a fair match for Woke Derangement in California, New York and other states, it’s a better than an even bet that public schools in Texas will be required to prominently display the Ten Commandments in every classroom starting next school year. Next up, I suppose, will be a Texas law requiring citizens to say the Lord’s Prayer every morning and to pass a yearly Bible literacy test or be forced to wear sack cloth and ashes. There is no chance, zip, nada, uh-uh, zippo, that the Ten Commandments law survives a legal challenge. None. That is not, as Mona Lisa Vito states under oath in “My Cousin Vinny,” an opinion. It’s a fact.

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On Waco, “Waco,” And Cults

Another horrible occurrence that I did not mention yesterday while review the ethics-related events of April 19 through the centuries was the tragic conclusion of the FBI’s seige against Mount Carmel in Waco, Texas, in 1993. After a 51-day stand-off between the federal government and an armed religious cult, the compound burned to the ground, with about 80 members of Branch Davidians, including 22 children, dying in the blaze.

This was an ethics train wreck to be sure, and an unusually deadly one. There are so many documentaries and online accounts of the incident (of various quality and accuracy) that I’m not going to add to them here. I do recommend the 2018 Showtime docudrama series “Waco,” which is now streaming with a fascinating new sequel, “Waco: Aftermath,” currently being presented on Showtime.

There is a natural bias in “Waco”: its main sources were a book by one of the survivors and cult members whose wife perished in the fire, and another by an FBI negotiator who was extremely critical of how the agency handled the situation. Both authors come off as heroes of the disaster to the extent that such a botch can have heroes. When the docudrama premiered in 2018, many reviewers complained that the writers treated the FBI as the villains of the story, with cult leader David Koresh portrayed too sympathetically.

My impression, seeing “Waco” now, is that the series’ creators were on to something that has come into sharper focus in recent years. The FBI abuses its power, is badly managed, has too much autonomy, and can’t be trusted. That should have sunk in in 1993, but the news media was determined to let the hallowed law enforcement agency, Attorney General Janet Reno, and especially President Bill Clinton off the hook. I remember the coverage well: Koresh’s cult was lumped into the paramilitary and survivalist anti-government movement of the period. The Waco siege followed on the heels of the Ruby Ridge fiasco the year before, involving the same federal agencies, the FBI and the ATF. Even though that fatal showdown was ultimately shown to be exacerbated by the Feds (and a lawsuit found the agencies liable for damages), the public and media still were conditioned to regard the FBI as the “good guys.” Sure, it was tragic that people died, but the consensus was that they brought it on themselves, sad as the outcome was. At the time, I found it astounding that Reno wasn’t forced to resign, and that President Clinton escaped any accountability at all.

Much of that result was because of the subsequent Oklahoma City Bombing by Timothy McVeigh in 1995. Public opinion was turning against the trend of over-aggressive government following Waco: Rush Limbaugh in particular was leading a daily attack on what he saw as as Big Government restrictions on personal liberties (like the right to live out in the desert with fellow followers of a deranged but charismatic religious fanatic who claimed to be chosen by God). Once McVeigh’s truck brought down the Alfred P. Murrah Federal Building, destroyed or damaged 324 other buildings within a 16-block radius, killed 168 people and injured 680, however, public opinion turned decisively the government’s way. McVeigh cited Waco as a major reason for his terrorism, and the Cognitive Dissonance Scale worked its predictable magic: now the Branch Davidians were linked to pure evil. The FBI, and thus the U.S. government, propelled to the other side of the scale, the “good guys” at Waco, at Ruby Ridge, and always.

They aren’t, and weren’t. “Waco,” for all its flaws, makes that contrary conclusion unavoidable.

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On The Skunks Calling Fox Black

Fox News settled Dominion’s $1.6 billion defamation suit over the network’s false claim that its voting machines at rigged votes in the 2020 election for $787.5 million. It was clear that Fox knowingly misrepresented facts for ratings and to pander to Trump fans, and the lawsuit already had thoroughly embarrassed the company: all it could do in its defense is argue that the deliberate misrepresentations weren’t malicious. That was a tough assignment; the settlement was prudent. In this op-ed, Washington Post’s media watchdog hack Eric Wemple gives vent to his hatred of the network that declines to join the Post and the rest of the mainstream media in its mission to install a permanent Leftist dictatorship, writing in part,

In its statement, Fox News demonstrated that not even a court record bulging with evidence of perfidy is enough to shame the organization into genuine contrition. “We are pleased to have reached a settlement of our dispute with Dominion Voting Systems. We acknowledge the Court’s rulings finding certain claims about Dominion to be false. This settlement reflects FOX’s continued commitment to the highest journalistic standards.”

(Boldface added to highlight the network’s minimization of the fact that the discovery materials exposed not just falsehoods but lies. Boldface italics added to highlight an unthinkable proposition — firm evidence that the network refuses to learn from any experience.)…the resolution requires a great deal of something that Fox News has in wheelbarrows (money) and very little of something it has in teaspoons (editorial integrity).

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