Law & Law Enforcement

Lazy Sunday Afternoon Ethics Picnic, 5/1/2022: A Very Merry Un-Birthday Edition

/ Jack Marshall / 9 Comments

There’s vintage Disney—back before it decided it had a stake in having young children instructed in sexual matters by teachers, and when innocence was considered worth protecting. Yes, I recognize the irony in saying that about an “Alice in Wonderland” clip, given that Lewis Carroll was unhealthily obsessed with little girls, often asking their parents for permission to photograph them nude…and got it! (Alice was his favorite model.)

That’s the very strange and great Jerry Colonna voicing the March Hare, and Ed Wynn, of course, as the Mad Hatter.

Today is my “un-birthday.” My 94-year-old aunt, the last surviving member of her generation in my extended family called me up this morning to wish me a happy birthday. Since my real birthday is December 1, I was faced with an instant ethical conflict: was the right course to tell the truth, risking embarrassing her, or to play Birthday Boy, lying but being kind in the process? I opted for honesty, both using the Golden Rule—I wouldn’t want to be patronized—and deciding that my aunt, still sharp and always with a sense of humor, could, like Tom Cruise, handle the truth. She could; she laughed, wondered how she has the wrong date on her calendar, and we talked for an hour. SHE mentioned “un-birthdays,” causing me to recall the song.

1. Ethics lesson: Integrity should trump Loyalty. Elon Musk, responding to to the absurd ad hominem attacks from progressives calling him a fascist, a white supremacist and, worst of all, a conservative, provided this handy dandy sketch via, of course, Twitter, explaining that his beliefs have remained relatively stable, while his critics’ perspective has shifted:

2. And we trust these people with educating or rising generations…The University of Southern California former dean of the University of Southern California asked the law firm Jones Day to investigate allegations that its education school directed administrators to omit information from its U.S. News & World Report rankings submission to boost the school’s placement.  at least as far back as 2013, According to the just-release investigation results,   former dean Karen Symms Gallagher made sure that the Rossier School of Education only included information on its Ph.D. program, which has a lower acceptance rate than its Ed.D. programs,  despite explicit instructions in the questionnaire to include both Ph.D. and Ed.D. programs. Gallagher stepped down in 2020 after 20 years as dean. She’s now a professor at Rossier.

The probe turned up what Jones Day referred to as “irregularities” in how the education school calculated and reported research expenditures, and it identified other possible misreporting of faculty metrics, online program enrollment, graduates’ job-placement rates and more.  USC had pulled the  school from consideration in the U.S. News & World Report graduate-school rankings prior to the report.

Will she be sacked as a professor? What’s your guess? Continue reading →

Turley On The Democrats’ Open Advocacy For Totalitarian Censorship

/ Jack Marshall / 7 Comments

That sound Jeff Goldbloom and Sam Neill hear at the end of that clip is a newly freed Tyrannosaurus Rex, which I would much prefer having in my back yard than have what Democrats want to inflict on the nation.

I was all set to vote for Hillary Clinton, disgusting oozing metaphorical warts and all, a few days before Election Day 2016 when some new revelations sunk in, and I concluded that her party was an ideological outlaw, bent on destroying the basic foundations of our nation to ensure their power while using that power to corrupt the culture further. Boy do I hate being right about that—but I was.

The most chilling T-Rex roar yet may be the revelation during a House Appropriations Subcommittee hearing this week by Department of Homeland Security Secretary Mayorkashas. He revealed that his department is setting up a new board designed to counter what it deems to be “misinformation and disinformation” “Our Undersecretary for Policy, Rob Silvers is co-chair with our Principal Deputy General Counsel, Jennifer Gaskell, in leading a just recently constituted misinformation disinformation governance board….the goal is to bring the resources of the department together to address this threat.” New director Nina Jankowicz’s focus will reportedly be on “irregular migration and Russia.” That’s supposedly the “threat.”

Biden’s minions are so stupid, and so contemptuous of the public! True, many of them are as illiterate and badly educated as Democrats want and need them to be, but Mayorkashas might as well have announced that he was setting up a Ministry of Truth. This is why the news media have been almost completely silent on this (except for Fox News). They realize it sounds ominous. Right now what we know is ominous is only that Biden’s lackeys are so casual about throwing around the idea of the State determining what is “misinformation” and acting on the determination. They also didn’t think people would notice that the new “misinformation and disinformation” czar, Jankowicz, pushed the Biden false narrative that “50 national security officials, and 5 former CIA heads” were certain that the Hunter Biden laptop story was “a Russian influence op.”

It’s hard to be terrified of would-be totalitarians who are this incompetent, but what progressives these days lack in brains they make up for in arrogance and ruthlessness.

I’m not going to weigh in on Jankowicz’s ministry until I know what it really will be doing, but Prof. Turley, in his most recent article for USA Today (its there because none of the real newspapers like his focus on the Left’s ethics rot) does a superb job of blowing the whistle on Democrat-driven State censorship efforts that are exactly what they appear to be. Read it all, but here’s an excerpt…

Sen. Elizabeth Warren (D., Mass.) has declared Musk’s pledge to restore free speech values on social media as threatening Democracy itself. She has promised that “there are going to be rules” to block such changes. She is not alone. Former President Obama has declared “regulation has to be part of the answer” to disinformation. For her part, Hillary Clinton is looking to Europe to fill the vacuum and called upon her European counterparts to pass a massive censorship law to “bolster global democracy before it’s too late.”

For years, the First Amendment distinctions have been the focus of liberals who discovered a way to circumvent constitutional bans on censorship by using companies like Twitter and Facebook. Now, that successful strategy could be curtailed as shareholders join figures like Musk in objecting to corporations and media acting like a surrogate state media.

Faced with that prospect, Democrats are falling back to their final line of defense – and finally being honest about their past use of corporate surrogates. They are now calling for outright state censorship…

As is often the case, former Secretary of State Hillary Clinton stripped away any niceties or nuance. Clinton called for the European Union to pass the Digital Services Act (DSA), a measure widely denounced by free speech advocates as a massive censorship measure. Clinton warned that governments need to act now because “for too long, tech platforms have amplified disinformation and extremism with no accountability. The EU is poised to do something about it.”

Clinton’s call for censoring disinformation was breathtakingly hypocritical…her call for censorship came just weeks after special counsel John Durham offered more details about the accusation that her campaign manufactured a false Russian collusion theory. One of Clinton’s former lawyers is under indictment for the effort. Clinton personally tweeted out the disinformation that is the subject of the federal prosecution. And the Federal Election Commission recently fined her campaign for hiding the funding of the Steele dossier. Given that history, it would be easy to dismiss Clinton’s calls as almost comically self-serving. However, the 27-nation EU just did what she demanded. It gave preliminary approval to the act, which would subject companies to censorship standards at the risk of punitive financial or even criminal measures.

If implemented, it might not matter if Musk seeks to restore free speech values at Twitter. Figures like Clinton are now going to the EU to effectively force companies to continue to censor users.

Faced with liability across Europe, the companies could be forced to base their policies on the lowest common denominator for free speech…

Take it, Burnsie… Continue reading →

It Took Lionel Porter 20 Attempts To Pass The Massachusetts Bar Exam But That’s Not Why The State Won’t Let Him Practice Law

/ Jack Marshall / 5 Comments

…although it should be.

No, the  Massachusetts Supreme Judicial Court refused to allow Lionel Porter to become a lawyer because while he was in the midst of flunking all those bar exams, he practiced law without a license. The April 22 opinion explains.

I am stunned that any state, especially my home state of Massachusetts (where I passed the bar the first time despite studying for it almost always while listening or watching the Red Sox drive to the 1975 pennant) would allow anyone to take the bar exam that many times. It’s just not that hard, especially since Mass. went to the all-multiple choice Multi-State exam. I knew and know a lot of lawyers, and only one flunked the bar. That was my father, who took the exam the first time without studying just to see how he would do. (He just missed passing.) Continue reading →

Unethical Quote Of The Month From An Unfit Biden Judicial Nominee [Corrected]

/ Jack Marshall / 7 Comments

“I said it in my role as an advocate to make a rhetorical point.”

—-ACLU lawyer Nusrat Jahan Choudhury, nominated by President Biden for the federal judiciary, in response to a question by Sen. John Kennedy (R-La) about why she told a Princeton audience that police kill unarmed blacks “every day.”

In the exchange you can see in the video clip above, Choudhury’s excuse for lying outright to a student audience at Princeton is that she did it to “make a rhetorical point.” Oh! That’s all right then!

Sen. Kennedy was quite appropriately aghast, as should any professional, citizen, lawyer or judge should be. The President’s nominee to sit on the bench for the United States District Court for the Eastern District of New York quite literally is saying that a lawyer can lie in public for a reason she deems appropriate. No, she can’t, not ethically, not if she wants to be trusted, and lawyers, like judges must be trustworthy. Her answer to Kennedy is signature significance for an unprincipled ideologue (her employer, the ACLU, is full of them, but that’s no mitigation) who is unfit to be a judge (and in my view, unfit to be a lawyer.)

Continue reading →

The Unethical Student Loan Debt Cancellation Ploy

/ Jack Marshall / 37 Comments

The push to cancel student loan debt is another example of the Left embracing a terrible, foolish, indefensibly unethical policy for no better reason than hope that it will allow them it to gain political power. Word around Washington is that President Biden is “seriously considering” canceling up to $50,000 in student debt for all. Translation: Biden’s puppeteers/handlers/advisers are probably trying to get him to do it, insane and irresponsible as it may be, but Joe may be inclined to do it on his own, because 1) he’s just not very bright; 2) he’s not very bright and his cognitive functions have been deteriorating in front of the whole nation; and 3) he never had any integrity anyway.

The late Rush Limbaugh, commenting on Mitt Romney’s loss to Barack Obama in 2012, lamented that “You can’t beat free stuff!” He said that Democrats were always willing to buy votes by promising to pay for more or making “the rich” or private business do so, from living wages for jobs not worth them, to national health, to free college degrees and more. Tilting the U.S. to socialism and a “nanny state”? If that’s what it takes to win, sure! Turning the national debt into a ticking time bomb that future generations will have to suffer for? Why not? Student loan forgiveness is as good an example of Rush’s point as I can imagine.

It is unethical in so many ways…

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It’s Time To Play “You’re The Supreme Court!” Today’s Challenge… The Praying Coach!

/ Jack Marshall / 18 Comments

“Hello everybody! Welcome to another exciting challenge on the game show everyone is talking about, “You’re the Supreme Court!” Today, we take on a challenge that crosses into legal, ethical and logical gray areas. What is the right way to handle a football coach who won’t stop praying on the football field? Are you ready, contestants? Here we go!”

Former Bremerton (Wash.) High School assistant football coach Joseph Kennedy began  “taking a knee” at midfield long before NFL players were Kaepenicking. Kennedy knelt in prayer at midfield after games, and was often joined by members of the team.  Bremerton public school officials fired him from his job in 2015 when he refused to stop his on-field prayers, which his superiors said violated the Constitution’s prohibition against government endorsement of religion. Bremerton sued, and all this time his case has been winding its way through the system, finally reaching the Supreme Court in oral argument this week.

The question before the  Court is whether Kennedy’s on-field prayers are protected by the First Amendment’s guarantee of religious liberty or violate the First Amendment by promoting his religion in a government supported setting. The justices will issue their opinion decision in June. Continue reading →

The Six Conservative Judges Had To Know That This Decision Would Guarantee Cries of “Systemic Racism!” But They Had The Integrity To Rule Correctly Anyway [Updated]

/ Jack Marshall / 5 Comments

Good for them. If only more Americans had similar courage….but having a guaranteed lifetime position definitely helps.

The Supreme Court last week silently rejected an appeal by a death row inmate in Texas arguing that his conviction was unjust because a juror had admitted  to racial bias. Kristopher Love (above) is black, and his lawyer had been forced to accept  a juror whose answer to a potential juror questionnaire query, “Do you believe that some races and/or ethnic groups tend to be more violent than others?” was “Yes.” Asked about that answer, the white juror said, “Statistics show more violent crimes are committed by certain races. I believe in statistics.”

The prospective juror in question, who is white, said yes. Pressed by defense lawyers, he said he based his views on “news reports and criminology classes” rather than his “personal feelings toward one race or another,” and that he did not “think because of somebody’s race they’re more likely to commit a crime than somebody of a different race.” He insisted that he did not feel  animosity or suspicions toward Love “because he’s an African American.”

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Capital Punishment Ethics Dunce: Maricopa County Superior Court Judge Stephen Hopkins

/ Jack Marshall / 5 Comments

Bad decision, bad opinion, bad judge.

As regular readers here know, I strongly favor capital punishment, but only when there is no doubt whatsoever about the facts and the guilt of the convicted defendant, when the crime is so cruel, horrific and premeditated that normal murders seem tame in comparison, and when the procedural due process is followed to the letter.

Continue reading →

This, Apparently, Is Ethical “Misinformation”…

/ Jack Marshall / 6 Comments

The New York Time Book Review this week includes a review by novelist Mitchell S. Jackson of Elizabeth Alexander’s book “The Trayvon Generation.” I haven’t read the book itself, but it’s goals and orientation are clear from the review by Jackson. Jackson is, like Alexander, a Black Lives Matter and Critical Race Theory endorsing activist. If I were editing a book review supplement, I would think it mandatory to assign a reviewer to Alexander’s work who wasn’t so obviously predisposed to agree with her views and praise them, but that’s just not how the Times rolls these days. But this isn’t the point of my post.

This is: in the middle of his review, Alexander wrote—and the Times printed—

Never forget — on Feb. 26, 2012, a hella overzealous volunteer neighborhood watch captain named George Zimmerman stalked and killed 17-year-old Trayvon Martin.

Never forget — on July 13, 2013, a jury acquitted Zimmerman, an egregious verdict that fomented the Black Lives Matter movement into being.

Continue reading →

Expert? EXPERT? Fauci Doesn’t Even Comprehend The Government He Works For!

/ Jack Marshall / 11 Comments

Or, in the alternative, he has finally revealed himself as another aspiring totalitarian progressive. Either way, the doctor is a dangerous, arrogant, power-abusing fool, and it’s way past time to get rid of him.

Last week Dr. Fauci—may he go down in U.S. history as one of the nation’s true villains—said:

“We are concerned about … the courts getting involved in things that are unequivocally a public health decision… This is a CDC issue, should not have been a court issue… It was perfectly logical.”

Yes, he really said this. No, I wouldn’t kid you, he really did. He is Director of the National Institute of Allergy and Infectious Diseases and the Chief Medical Advisor to the President of the United States. He has been director of the NIAID since 1984. From 1983 to 2002, Fauci was one of the world’s most frequently cited scientists across all scientific journals. In 2008, President George W. Bush awarded him the Presidential Medal of Freedom.

And yet he either doesn’t understand the Constitution of the United States, or wants to overturn it in favor of a dictatorship of experts. Ironically, he epitomizes exactly what is wrong with “experts” in so many fields. They tend to be single-minded and locked into tunnel vision. They drift toward favoring processes that favor an “ends justify the means” philosophy. They are ultimately untrustworthy and unethical. Continue reading →