From Texas, A “Better Late Than Never” Horror Story

The Texas Monthly story is titled, “The Juror Who Found Herself Guilty.” Its tone is celebratory: a juror who made an unethical decision (though the writer attempts to mitigate it in many ways throughout his article) courageously decided to undo the wrong, and succeeded. Far from being impressed with the alleged ethics hero, Estella Ybarra, I found the story infuriating, and its conclusion that Ybarra should be admired untenable.

The story is in the familiar, long-form format familiar to readers of the New Yorker, Esquire, Vanity Fair and The Atlantic. We are given more details about the lives of all the participants in a drama than we need as well as thick context about every facet of the tale. It can be summarized easily, however, and relatively quickly.

In 1990, when Ybarra was 48 years old, she served on a jury charged with determining the guilt of a Mexican-American man accused of rape. She was the hold-out juror, Henry Fonda in “Twelve Angry Men”; everyone else was certain Carlos Jaile (above) had raped an eight-year-old girl. Ybarra was not: she felt the evidence was thin. There was no physical evidence, the defendant had an alibi, and the main proof of his guilt offered was a child’s eyewitness identification after the fact. But, we are told, Estella was still learning English despite being born in the U.S. (Whose fault is that?) and didn’t understand the justice system very well. (Or that?). As a result, she allowed herself to be bullied into voting ‘guilty’ by the men on the jury, even though she was not at all convinced Carols Jaile was.

She went home after Jaile was convicted and sentenced to life in prison, and wept, we are told. This is supposed to make her seem sympathetic. Later, Estella received a certificate in the mail stating that by serving as a juror and “accepting this difficult and vital responsibility of citizenship in a fair and conscientious manner, you have aided in perpetuating the right of trial by jury, that palladium of civil liberty and the only safe guarantee for the life, liberty and property of the citizen.” Ybarra threw the document into a drawer. She told the writer, Michael Hall, that she thought to herself, “We sent an innocent man away for the rest of his life.”

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Normalizing Theft

Since we began the day with a dead canary in the mine of democracy, here’s another. That video shows a thief rampaging through an Apple Store in Emeryville, north of Oakland (where Woke Kindergarten romps). Nobody tries to stop him. Nobody even appears alarmed by him. He escapes by running right by a police car.

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Nick Kristof’s Moral Preening Over Gaza

New York Times columnist Nicholas Kristof seems like a good man, a decent human being. He reminds me of many of the dedicated liberals I went to law school and college with, always gathering signatures to ban the bomb, end a war, fight pollution, cure cancer, save whales, get universal employment…you know the list. These are the people who tear up when they hear “Imagine.” They were classic liberals before the ethics rot of progressivism, and that’s Kristof too.

Today he issued a characteristic Kristof primal scream about the carnage in Gaza, and if there was ever a “Think of the children!” lament, this is it.

It is the fourth such column by Kristof since the Hamas attack, having earlier submitted “I’m Crying for All the Victims That Are Going to Suffer”, “We Are Overpaying the Price for a Sin We Didn’t Commit“, “We Must Not Kill Gazan Children to Try to Protect Israel’s Children.” The beating and bleeding heart of “What Can We Possibly Say to the Children of Gaza?” or, in another format, We Can’t Justify This Much Suffering, is in these sentences…

Over the years, I’ve covered many bloody wars and written scathingly about how governments in Russia, Sudan and Syria recklessly bombed civilians. This time, it’s different… as a taxpayer, I’m helping to pay for the bombs.

Gaza is also different from Syria and Ukraine, of course, in that Israel did not start this war. Instead, Israel was brutally attacked by Hamas in a rampage of murder, torture and rape. Any government would have struck back, and Hamas maximized the suffering of civilians by using them as human shields.

Yet military response is not a binary choice; it exists on a continuum. Israel, traumatized by the attack it suffered, elected to retaliate with 2,000-pound bombs, destroy entire neighborhoods and allow only a trickle of aid into the territory, which is now teetering on the brink of famine. The upshot is that this does not feel like a war on Hamas but rather a war on Gazans.

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Well You Know, God DOES Work in Mysterious Ways…

Denver, Colorado pastor Eli Regalado announced in a YouTube video last April that he would be selling cryptocurrency. The pastor said he was “setting the rails for God’s wealth transfer.” Regalado and his wife then began selling cryptocurrency, dubbed INDXcoin, to members of his Victorious Grace Church and other Christian communities in the Denver area using his “the “Kingdom Wealth Exchange,” an online cryptocurrency marketplace he set up for the purpose. They peddled the holy investment with prayers, quotes from the Bible, and entreaties to have faith in their product. Sure enough, the plan was a godsend, at least for the pastor and his wife: the Regalados raised more than $3.2 million from over 300 investors.

Unfortunately, the INDXcoin was worthless, except for the purpose of making the pastor and his wife rich. The Regalados used around $1.3 million of the supposedly “investment funds” on a Range Rover, jewelry, cosmetic dentistry and vacations, while renovating their Denver home. Hallelujah!

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Fani Willis’s Sermon

It is beginning to look like Fani Willis, Georgia’s African-American Democrat Fulton County prosecutor who pledged to “get” Donald Trump, really is involved in a serious conflict of interest involving the case and even criminal conduct. The mainstream media is taking notice, it is no longer a “right wing conspiracy theory,” and most interestingly, Willis has not denied the allegations, which appeared in a court filing.

The New York Times published a story headlined “Atlanta D.A. Defends Qualifications of Outside Lawyer She Hired for Trump Case/At a historic Black church, Fani T. Willis pushed back against an accusation that Nathan Wade, the special prosecutor she brought on, was unqualified for the job” in which we learn that Willis spoke yesterday before the congregation of one of the oldest Black churches in Atlanta, which had invited her to be the keynote speaker for a service dedicated to the Rev. Dr. Martin Luther King Jr. She did not mention the details of allegations that she is in an intimate relationship with Nathan Wade, the special prosecutor she hired in 2021 for the Trump-getting, and has earned more than $650,000 in the job to date with some of the lucre benefiting her directly. Instead, she said in part,

“Wait a minute, God! You did not tell me,” she added, “as a woman of color it would not matter what I did — my motive, my talent, my ability and my character would be constantly attacked….A divorced single mom who doesn’t belong to the right social groups, who doesn’t necessarily come from the right family, doesn’t have the right pedigree — the assignment was just too high for lowly me. All I brought to the table, God, is my mind, my heart, my work ethic, my undying love for people and the community.

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CNN’s Brianna Kellar and the News Media’s “Think of the Children!” Refrain in Support of Hamas

Yes, it’s “Imagine” time again. Mainstream media talking heads and hacks have apparently been playing the John Lennon’s sweet and fatuous ode to nonsense over earbuds as they sleep, judging from the angle they repeatedly return to as they push anti-Israel propaganda on the public.

CNN’s Breanna Keilar had a typical “Think if the children!” exchange with Israeli spokeswoman Tal Heinrich yesterday.

Keilar (talking over and interrupting her guest as she Heinrich expressed regret that children in Gaza were being placed in harm’s way): “Tal, when you see those pictures coming out of Gaza, do you see why some people don’t have hope looking at those pictures?”

Heinrich: “Well, we are in the middle of a war that Israel did not start, and did not want.”

Keilar: “It is prosecuting it forcefully, and you see the pictures here.”

Heinrich: “When Hamas started this war — hope and peace and a better future for the region — that is the greatest enemy of terrorists. Once we eliminate these terrorists, we eliminate the rule. We hope that there will be other voices, pragmatic ones that want to work with us towards peace. This is what we want. We want to live in this region peacefully. That’s what Israelis have always wanted. But first, Hamas must be gone, and then we hope that the Palestinian society will de-radicalize. We can’t have — you know, what our troops are finding right now, on the ground, in certain neighborhoods in Gaza, pictures of children, women with guns, Hamas uniform tailored for children. And Hamas terrorists that we have arrested—”

Keilar (interrupting): “Does that make the children justifiable enemies to you? Is that what you’re saying? Does that make all of the children justifiable enemies to you? I mean, you’re raising the specter of them being used in military uniform.”

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On His Way Out, Rep. Santos Kindly Demonstrates Why

The House just voted 311 to 114 (with two cowardly members voting “present”) to make New York Congressman George Santos only the sixth in history to be deemed unworthy of an elected seat. The GOP members mostly supported the draconian punishment despite facing a tough race in the special election Santos’s disgrace now triggers. If I were a voter in that Long Island and Queens district, I’d be tempted to vote for the Democrat just to make the Republican Party pay for allowing a fraud and a crook like Santos to be its nominee. Of course, the Democrats and the local news media also share some blame for not doing due diligence to uncover important facts about a wildly unqualified candidate, but the GOP has to be first in line to be held accountable after Santos himself.

Yesterday, facing his likely humiliation, the biggest phony ever elected to Congress put his essential sliminess on full display, vowing revenge on his party and, like so many villains in movies about conspiracies and corruption, swearing that ‘if I go down, I’ll take all of you down with me!’

“I will do the same thing that members did to me and go to the Office of Congressional Ethics, all throughout today and tomorrow and report, everything that I think is relevant to the committee for them to look into,” said Santos. He’s already promised to file a complaint about the ridiculous Rep. Jamaal Bowman, the Mad Fire Alarmist. Yes, Bowman should be sanctioned, but compared to Santos he’s John Quincy Adams.

Santos’s reaction to being expelled is a stinking pile of rationalizations, as discussed here. His pledge to get revenge is another bit of signature significance. If Santos had any ethical instincts at all, any concept of why he was being kicked out of Congress, any flicker of conscience, dignity, responsibility or decency, he would have exited with a statement expressing his regret for his past actions, apologizing for soiling (well, further soiling) the reputation of the body he was elected to serve in, and promising to devote his future activities to honorable public service, while acknowledging that there is, at this time, no reason to believe him. Then it might have been said of his leaving Congress, in the manner of Malcolm’s description of MacBeth at his execution,

Nothing in his life
Became him like the leaving it.

But George Santos doesn’t possess those character traits: he’s a throbbing sociopath, and unlike more successful sociopaths in our government, he’s not smart or wily enough to hide it.

Guest Column: Shoplifting Ethics

by Sarah B.

[Introduction: This excellent post by Sarah B, who has a history of them, posed a dilemma. It was originally posted in this week’s Open Forum, but the comment easily could have been a Comment of the Day on two recent posts, “Irony: The Washington Post Telling CVS How To Handle Rampant Shoplifting,” and “Technology Ethics Fail: Self-Checkout.”

In the end, I decided to publish it as a guest post, as Sarah herself told us up front what she was commenting on, writing, “This article, about a woman who wrote a piece for the newspaper anonymously about how and why she shoplifts, is worth discussing,” referring to “I’m a middle-class shoplifter – and here’s why I’m happy to confess it” in the UK’s Independent. Proving once again that valuable insights can be obtained from idiotic essays, Sarah’s post is far, far, FAR superior to the article that apparently spawned it. The explanation of “anonymous” about why she’s apparently “happy” about being a shoplifter was so devoid of either logic or ethics comprehension that it made my phantom hair hurt. Among her fatuous excuses and rationalizations were “It’s easy, so it’s the stores’ fault,” “I don’t even see it as shoplifting” (#64 on the rationalizations list, “It isn’t what it is”), “I’m owed it,” and #22, the worst rationalization of all, “It’s not the worst thing,” because she “would only do this in a supermarket chain, rather than any family-run small business.” People like the author make me want to chuck my business and profession and become a pimp or something. Why do I spend so much time on ethics when so many people think like this? Fortunately, Sarah had a different and more constructive reaction.JM.]

***

First, there is no doubt that her actions are unethical, and while we could just analyze this as a “name the rationalizations”, I also think that a deep dive into the article can show many things about our society and make for a good discussion. There are options for discussing how she doesn’t shoplift because she has to, but does it to decrease the prices of expensive alternatives instead of paying for what she wants. However, I want to look at how I think we could combat her “how-to guide”.

This seems to me to be a great case study in “locks keep an honest man honest.” The author admits that much of her stealing is predicated on the app-shopping and self-checkout philosophy of big stores. My main proposal, after looking at this, is to somehow return to the “good old days” of customer service.

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Everyday Ethics Dilemmas: The Abandoned Tools

I was walking Spuds down a street in our neighborhood when I noticed a group of tools, five or six, lying in the grass on the strip between the sidewalk and the street. They looked new: I’d guess it was about 50 dollars worth, maybe 75. There was no automobile in front of the house, though that didn’t necessarily mean no one was home.

What’s a good neighbor to do?

These were nice tools, and kids are walking around the neighborhood constantly: maybe no one would take the tools, but maybe someone would. There’s a useful but dishonest rationalization in such circumstances: they’re abandoned! I thought about picking them up and carrying them up to the front door. I considered picking up the tools, carrying them home with Spuds, and driving by later to see if the owners were home. I was tempted to just toss them from the strip to the lawn, where nobody could argue that the strip between the road and the sidewalk is public territory.

If I had not been struggling to keep my exuberant dog under control when the cooler weather makes him especially rambunctious, my calculations might have been different. In retrospect, I see that this was a Golden Rule test: what would I want someone to do if it were my tools being left behind and left to their own resources?

At the time, however, with promises to keep and miles to go before I sleep, I decided to leave the tools where they were. I didn’t feel an obligation to do anything because there isn’t one (and also a useful rationalization that I need to add to the list: “This isn’t my problem”) , but clearly the more ethical course would have been to protect my neighbor’s property.

Unethical Quote Of The Month & Incompetent Elected Official Of The Month: House Minority Leader Hakeem Jeffries

“Many of these lawmakers on the other side of the aisle who had their hair on fire about what appears to have been an inadvertent action taken by Congressman Bowman, to which he is now being held accountable for, within the criminal justice system, regularly defend violent individuals who overran the Capitol on Jan. 6, as part of an effort to halt a peaceful transfer of power. And these violent individuals brutally beat and seriously injured 140 police officers, on the day of the insurrection. And many of them, who are having a panic attack, publicly, about Jamaal Bowman have actually defended or refused to comment on the violent mob on January 6.”

—House Minority Leader Hakeem Jeffries (D-N.Y.), the man every Democrat in the House voted for to be Speaker, “explaining” why Rep. Bowman shouldn’t be censured by the House for breaking the law, indeed two laws, as well as violating the House ethics code. 

To be blunt, this statement by Jeffries exhibits the approximate ethical comprehension of a Cocker Spaniel. It reveals him to be a shameless liar and an ethics corrupter:

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