Race

Morning Ethics Warm-Up, 9/25/2020: “Snap Out Of It!”

/ Jack Marshall / 4 Comments

This is applicable to so many aspects of today I don’t have space to list them. Prime among them are the apparent re-runs of the George Floyd riots in various cities, this time tied to the death of Breonna Taylor and the fact that the cops who didn’t murder her weren’t charged with murder.  Hmmm…are these more stupid than the St. George riots, less stupid, or exactly as stupid?

1. I wonder…has the NFL killed more innocent black men than police over the years? Gale Sayers, the legendary Chicago Bears running back, died this week from “complications of dementia,” almost certainly meaning he was another victim of CTE suffered from playing what a friend calls “Concussionball.”

Well, as much as NFL fans might resent having players pollute entertainment with half-baked politicsal grandstanding, you can bet they would rather watch meaningless kneeling during the “Star-Spangled Banner” than forfeit the fun of watching human beings destroy their brains for cash.

2. This guy isn’t helping...Officer John Goulart, Jr., reported that at a shopping center in Pineville, La, Goulart was shot once in the leg and anotherbullet hit the back door of his patrol car. However, investigators determined that Goulart  fired those shots, including the one that hit him in the leg,  himself.  Now he’s under arrest. [Pointer: valkygrrl] Continue reading →

Regarding The Emotional And Ignorant Demands For “Justice” After The Breonna Taylor Grand Jury Decision

/ Jack Marshall / 13 Comments

I had a lot of standard Ethics Alarms movie clips to choose from for this post. Half of them apply, but the one above is the most apt. Indicting the officers involved in the death of Breonna Taylor would have nothing to do with “justice,” and yet that is what we are hearing in what Joe Biden called, fatuously,  “the profound grief & anger today’s decision generated.” There’s nothing profound about allowing primitive instincts and waw emotion govern  one’s words, thoughts and actions.

Let’s look at this phenomenon, if we can stand it. The Boston Globe ran a per se idiotic op-ed  by Jeneé Osterheldt  titled, “Breonna Taylor and America’s wanton disregard for Black lives.”

I’m sure other similar screeds can be or will be found in papers like the New York Times and the Washington Post, but the Globe’s primal scream cretinism will do:

The country made a commodity of Breonna Taylor. It’s always exploited Black lives.A $12 million settlement with her family in a wrongful death lawsuitwas cheaper for Louisville than it would be to charge and indict any cop for killing the 26-year-old. Buying, selling, using, and abusing Black bodies is America’s oldest business….we never should have thought the American government could provide justice to Taylor’s family. Kentucky’s attorney general may be Black, but he is complicit in a system designed to use brutalization and incarceration to enforce law and order. They will tellprotesters to be peaceful and call their killers patriots and just. …This is our American life and Taylor’s American death.

This is completely illiterate and ignorant, factually, legally and ethically, and it is irresponsible for a newspaper to employ a columnist who can’t reason more clearly and express herself more responsibly than that. She confounds concepts and mistakes substance. The officers who shot and killed Breonna Tayloor committed no crime. They would have committed no crime if their gunshots protecting themselves from the victim’s boyfriend, who was not unreasonably shooting at what appeared to be  armed home invaders (the officers were not in uniform), had killed a white woman, or a child, or Ruth  Bader Ginsburg. There was no crime under the law, and it’s not even a very complicated law.  Why are people who don’t comprehend such concepts as “intent,” “crime” and “murder” writing and ranting about “justice” in public forums? Why is anybody giving them access to those forums, where they can make the public less informed, more incensed and less rational? Continue reading →

Thursday Ethics Warm-Up, 9/24/2020: It’s “Supreme Court Day”!

/ Jack Marshall / 13 Comments

Literally!

On this day in 1789, The Judiciary Act of 1789 was passed by Congress and signed into law by President George Washington, thus establishing the Supreme Court of the United States. Notably, it was then designed as a tribunal made up of only six justices—an even number! (The Horror!)  President Washington quickly nominated John Jay to preside as Chief Justice, and John Rutledge, William Cushing, John Blair, Robert Harrison and James Wilson to be Associate Justices.  You should know Rutledge: he sings that cool song about slavery and the Triangle Trade  in “1776.”  You also should recall Wilson from that show—he’s the one slandered by being portrayed as a total weenie, which he most assuredly was not.  Two days later, the six appointments were confirmed by the U.S. Senate.

Nobody thought it was a big deal.

1. We knew the New York Times’ “1619 Project” was flagrant Black Lives Matter-inspired propaganda and based on lies, correct? Ethics Alarms discussed this when the Pulitzers honored the thing’s Liar in Chief, Nikole Hannah-Jones, who even admitted that it was really more about creating a useful “narrative” than accurately presenting history. Ben Crump, the serial race-hustler who gets huge damage settlements for family members of black victims of various tragedies by proclaiming the police and America as racist, cited  the “1619” project’s narrative yesterday while helping to incite riots. See? It works!

But the project is used in many school systems as “history,” and the central dishonesty was a problem, so the Times, without announcement or explanation, erased the central claim of the 1619 Project, which was that the year the first slaves were brought to Colonial Virginia was the “true founding” of the United States.

The  initial introduction to the Project, when it was rolled out in August 2019, stated that

The 1619 Project is a major initiative from the New York Times observing the 400th anniversary of the beginning of American slavery. It aims to reframe the country’s history, understanding 1619 as our true founding, and placing the consequences of slavery and the contributions of black Americans at the very center of the story we tell ourselves about who we are.

Sometime this year, the text became,

The 1619 Project is an ongoing initiative from The New York Times Magazine that began in August 2019, the 400th anniversary of the beginning of American slavery. It aims to reframe the country’s history by placing the consequences of slavery and the contributions of black Americans at the very center of our national narrative.

The change was discovered after Hannah-Jones denied  last week that the project’s core thesis was what she and the Times  had said it was. It “does not argue that 1619 is our true founding,” she said. Well, not any more. Continue reading →

The Breonna Taylor Non-Indictments [Updated]

/ Jack Marshall / 19 Comments

We’ll see just how much Facts Don’t Matter in the Breonna Taylor fiasco aftermath. I heard shameless race-huckster Ben Crump speaking on TV, and when he started blathering on about 1619, I changed the channel to a re-run of “The Andy Griffith Show.” As a friend says, memorably but grossly, “There is some shit I won’t eat.” The sentiment is apt here.

The Kentucky grand jury did not indict current and former police officers for the shooting death of Breonna Taylor, though her name has been prominently linked to that of George Floyd and others during the promotion of protests and rioting in the George Floyd Freakout. As with Floyd, there was no evidence of racism in the death of Taylor, other than the fact that the three cops involved are white and she was black. That’s enough for the presumption or racism to stick, as we have learned in other cases, thus “justifying” Crump’s pronouncements.

Taylor, a 26-year-old EMT, was sleeping in her apartment on March 13 when police officers Jonathan Mattingly, Myles Cosgrove  and Brett Hankison, operating with a no-knock warrant that was mistakenly processed, burst in. Taylor’s boyfriend, Kenneth Walker, thinking that the apartment was being invaded, shot at them, and they returned fire. Taylor was accidentally killed by a bullet from Cosgrove’s gun in the crossfire, and five other bullets struck her as well.

Kentucky Attorney General Daniel Cameron held a  press conference after the grand jury’s decision was announced, explaining that because Walker fired first, Cosgrove and Mattingly were “justified in their use of force after having been fired upon.” The result was pre-ordained from the beginning unless prosecutors violated all ethical standards and pushed the jurors to indict the officers for Taylor’s death anyway as a sop to Black Lives Matters and an attempt to stem the violence likely to follow if the officers weren’t sacrificed to the mob.

I, legal experts, and anyone paying attention  doubted that the grand jury would or could return murder indictments on this set of facts. The 12 jurors did return three counts of wanton endangerment in the first degree against Officer Hankison for shooting his gun into the apartment next to Taylor’s, but that is unlikely to calm the fury of those who want to riot on general principles, if you can call “I’m mad as hell and I’m not going to take it any more!” a principle. Continue reading →

Ethics Warm-Up, 9/21/2020: The “Waiting To Hear What Democrats Will Threaten Next” Edition.

/ Jack Marshall / 17 Comments

Does anyone else find it remarkable that Democratic Party leaders aren’t the least concerned with how reasonable Americans might react to them talking like mobsters and thugs? Yesterday, Nancy Pelosi seemed to say that they might impeach the President if he nominates a judge to replace Justice Ginsburg. I suppose it’s comforting that the party is finally being open about the fact that it now regards impeachment as a pure partisan weapon, but how do you you threaten impeachment if a President fulfills his constitutional duties? For that matter, how can Democrats scream that the late Justice’s “dying wish” must be respected when it would require contradicting her statement about final year SCOTUS nominations: “The President is elected for four years, not three. So the powers that he has in year three continues into year four… and that’s how it should be”?

Well, it’s a rhetorical question, of course. Democrats have abandoned any pretense of consistency and integrity in their destructive anti-Trump mania. I thought this arch tweet was on point, but incomplete:

The list is much longer.

1. Love it. Princeton, engaged in BLM suck-up grandstanding, confessed that systemic racism is embedded there, so the Department of Education asked if Princeton doesn’t discriminate on the basis of race, as must be the case to continue recieveing federal funding.  The Education Department’s demand for an explanation got full huminahumina treatment in the statement Princeton issued in response. The excuse is that they aren’t at fault for the racism, since “everybody’s been doing it,” and at least Princeton acknowledges the problem.

Weak. Continue reading →

Sunday Ethics Warm-Up, 9/20/2020: Tales Of The Great Stupid [Updated and Corrected]

/ Jack Marshall / 25 Comments

1. Yes, these are the people who want to have power over our lives. Imagine: this woman isn’t mourning the death of a human being, she’s angry because that human being can no longer serve her interests. The human being in question continued to work for the public long after she could have retired with dignity and comfort, and this woman is furious that she wasn’t physically able to do so “until 2021.” Not only that, she posted this repulsive video with no apparent comprehension that it exposes her as a horrible human being. She just assumes that most who share her political persuasion are just as  incapable of empathy and compassion as she is. Maybe she’s right.

Again I must ask, “How do people get like this?”

***

Okay, I just stumbled on some timely satire. I generally hate memes, but this is genuinely funny. Forgive me.

2.  Speaking of memes and The Great Stupid, what can you say about an adult who would post this on Facebook in all seriousness, as if it was profound or true?

Continue reading →

Constitution? What Constitution? A “White Lives Don’t Matter” Program In San Francisco

/ Jack Marshall / 31 Comments

This is just one more Exhibit in the case to prove beyond a shadow of a doubt  that the current “movement” exploiting the death of George Floyd is not concerned with seeking equality of opportunity or eliminating “systemic racism.” Instead, it seeks to install a system that favors races it cares about over others. You have to admit, the evidence is damning.  If this were a trial, I’d request a directed verdict.

From the S.F. Gate:

Mayor London Breed Announces Launch of Pilot Program to Provide Basic Income to Black and Pacific Islander Women During Pregnancy …

Mayor London N. Breed, in partnership with Expecting Justice, today announced the launch of the Abundant Birth Project, a pilot program that provides targeted basic income to women during pregnancy and after giving birth. The pilot will provide an unconditional monthly income supplement of $1,000 to approximately 150 Black and Pacific Islander women in San Francisco for the duration of their pregnancy and for the first six months of their baby’s life, with a goal of eventually providing a supplement for up to two years post-pregnancy. Expecting Justice, a collective impact initiative led by Dr. Zea Malawa at the San Francisco Department of Public Health and supported by the Hellman Foundation and the UCSF California Preterm Birth Initiative, will study the resulting health impacts of the pilot program, which is the first of its kind in the United States….

The program is racially discriminatory on its face, and Breed, Dr. Zea Malawa, the San Francisco Department of Public Health,  the Hellman Foundation and the UCSF  are either civically ignorant, racists, dumb, hoping to get away with something they know is illegal, or some combination of two or more of these.  So are other funders mentioned in the mayor’s press release:Twitter CEO Jack Dorsey, Genentech, the Kellogg Foundation, San Francisco Health Plan, Tipping Point, Economic Security Project, Walter and Elise Haas, San Francisco Foundation, and the Friedman Family Foundation.

The program cannot withstand the inevitable legal challenge. Eugene Volokh, a Constitutional law specialist, explains, Continue reading →

A Really Late Morning Ethics Warm-Up, 9/15/2020, In Which I Have A Revealing Exchange With A Woke Sports Journalist

/ Jack Marshall / 25 Comments

How the day got hopelessly loused up:

  • At 8:30 am, I took my car to the dealer for a 5000 mile servicing. I had asked if I could get a loaner, and was told I could. But I’d have my car back in an hour, I was told, so I passed.
  • Then I found all the doors at the place locked until 9 am. I decided to walk several blocks to get a fast breakfast, but Popeye’s doesn’t have breakfast, and MacDonald’s doesn’t allow you to use the tables. This was a huge McDonald’s: 20 people could eat there and not be closer than ten feet. But Virginia, in the throes of Blue Madness, is catering to hysterics. I ate my sausage biscuit and hash browns and drank my coffee sitting on a curb, like a vagrant.
  • When I returned, I could get into the showroom to sit, but my glasses kept fogging up with the %$#@%!! mask, so I kept going in and out.  My car wasn’t ready at 9:30. It wasn’t ready at 10, or 10:30. They had me, as Beldar Conehead memorably said, “by the base of my snarglies.”
  • I also couldn’t complain, because they had assigned the servicing to my son, who works there.
  • I got home at 11:46 am, the morning effectively shot to hell.

1. The fascinating memorial to Dwight D. Eisenhower will be dedicated this week:

Ike was one of my father’s heroes, and the first President I can remember. On a popular Boston kids’ show called “The Big Brother Show,” the host, Bob Emory, would call upon us to get a glass of milk and toast a photo of President Eisenhower as “Hail to the Chief” played. Because, you know, you were supposed to respect the Office of the President.  The New York Times couldn’t even write about a memorial to a Fifties era POTUS without making veiled insults to President Trump:

He was a leader who sought to work across lines toward a common purpose, driven by duty and pragmatism rather than ideology and divisiveness. He steered his Republican Party away from isolationism toward a bipartisan internationalism that prevailed until recent years. He sent troops into the South not to crack down on demonstrations for racial justice but to enforce the desegregation of schools. He ended the Korean War and balanced the budget, presiding over nearly eight years of peace and prosperity. And he pushed through an infrastructure bill that built the interstate highway system.

He also presided over a remarkably homogeneous society, was opposed by a Democratic Party with many selfless statesmen that was barely distinguishable from the GOP (Ike could have been the nominee of either party), and he still was covered by a news media that mostly held to traditional journalism standards.

Ike would have been called a racist and a fascist in 2020. Continue reading →

Saturday Ethics Warm-Up, 8/12/2020: Remembering Boston Busing; Deriding BLM Lawn Signs And The Smug Bias They Represent

/ Jack Marshall / 5 Comments

I remember this date, all right. I was scheduled to do a three hour CLE legal ethics seminar in Rhode Island on the 13th, and all the flights were cancelled. The bar association assumed I would cancel too, but I’m a “The show must go on” guy, and I said, “I’ll be there if I have to drive all night.” And I drove all night.

1. This date also had significance in the history of misguided utilitarian solutions to the problem of racial disparities. In his June 1974 ruling in Morgan v. Hennigan, U.S. District Judge Arthur Garrity held that Boston’s geographically segregated public schools created de facto school segregation that discriminated against black children. He ordered the busing of African American students to predominantly white schools and, punishing innocents for “the greater good,”  white students to black schools. Forced busing  began on September 12, and  was met with massive protests, particularly in South Boston, the city’s main Irish-Catholic neighborhood. Protests continued unabated for months, and many parents, white and black, kept their children at home. In October, the National Guard was mobilized to enforce the federal desegregation order.

The rest of the story: Boston’s draconian and unfair busing plan lasted for fourteen years, and (those who fail to learn from the mistakes of the past are doomed to repeat them) didn’t work. Racial divisions were exacerbated, parents pulled their children out of public schools, and many families moved to the suburbs. Continue reading →

“White Lives Matter” Is Racist, Black Lives Matter Is Benign” You Say? Prove It.

/ Jack Marshall / 15 Comments

I know this is “It’s okay to be white” all over again, but its still amazing that anyone can argue that “Black Lives Matter” is a benign motto, but that clever line, “All Lives Matter” or now, “White Lives Matter” is a racist expression and look at themselves in the mirror afterwards and not blush.

Someone painted “White Lives Matter” on Kent State University’s “front-campus rock,” where students traditionally paint graffiti. It was immediately condemned as a “direct threat” to black students. Kent State President Todd Diacon issued a statement claiming  the incident (together with some recent police-involved deaths of blacks, most of which have not been credibly attributed to racism)  “serve as glaring evidence that this university and our country need to do better when addressing racism and violence against Black Americans.” He also said the university would establish an Anti-Racism Task Force which will “explore all facets of racism at Kent State.” Continue reading →