Chicago Justice, Rights, And Pop Culture Malpractice

Dick Wolf, the “Law and Order” creator, is in the process of taking over NBC prime time. He now has four linked dramas dominating the schedule—“Chicago Med,” “Chicago P.D.,” “Chicago Fire,” and the latest, “Chicago Justice.” (Soon to come, at this rate: “Chicago Sanitation,” “Chicago Pizza,” and “Chicago Cubs.”)

Yesterday was Episode #2 of “Chicago Justice.” The story in involved a “ripped from the headlines” riff on the Brock Turner case, where a woman was raped while unconscious and the rapist received a ridiculously lenient sentence. In Wolf’s alternate universe, however, the judge was murdered, and the rape victim and her ex-husband were suspects. There was another wrinkle too: one of the prosecutors had a close relationship with the dead judge, and was with him right before he was killed. She was going to have to be a witness, and her colleague and supervisor, prosecuting the case, asked her if she had been sleeping with the victim. Such a relationship would have been an ethical violation for the judge, and at least a pre-unethical condition for the prosecutor, requiring her to relocate to a Steven Bochco drama, where lawyers have sex with judges all the time.

The female prosecutor indignantly refused to answer the question. After the case was resolved—I won’t spoil it, but the name “Perry Mason” comes to mind—the two prosecutors made up over a drink. She said that she would have never slept  with “Ray” (the dead judge–when he was alive, that is), but that she remembered reading “in some old document” that we all had “unalienable rights,” she believed one of them was “the right to be respected by your fellow man.”

There is no “right to be respected.” The Declaration of Independence, the “old document” she referenced, lists three rights only, though they are broad ones: life, liberty and the pursuit of happiness. None of those encompass a right to be respected. The speaker, Anna Valdez (played by Monica Barbaro, a Latina dead ringer for Jill Hennessey, who played the equivalent “Law and Order” role for many years), is a lawyer, and should understand what a right is. It is a legally enforceable guarantee of an entitlement to have something, seek or obtain it,  or to act in a certain ways. As a lawyer, she must understand that this is different from what is right, just or honorable. Her statement, coming from the mouth of a character with presumed expertise and authority, misleads much of the public, which is constantly getting confused over  the difference between Jefferson’s use of “rights” and what is right. So do journalists and, sadly, too many elected officials. Continue reading

“The Good Immigrant” III, or Fake News? The Incredible Sobbing 13-Year Old

A 13-Year-Old Girl Sobbed While Recording Her Immigrant Father Get Arrested By ICE Agent  is the headline at Buzzfeed. Wait, teenage girls weeping is news now? Was she the only teen sobbing this week? How is this news, by any standard?

Of course, it’s headline worthy if the objective is to provoke an emotional reaction rather than to inform the public objectively. In fact, nothing about the story is newsworthy, except as pr0-illegal immigration, anti-law enforcement, anti-President Trump propaganda and hate-mongering. Illegal immigrant and scofflaw Romulo Avelica-Gonzalez had dropped his daughter off at a Los Angeles school, and six blocks from the school his car was surrounded by immigration enforcement agents who took him into custody, just as law enforcement takes law-breakers into custody every hour of every day of the week.  Gonzalez had a 2014 deportation order against him issued by an immigration judge, and violated it every day he spent in the U.S., masquerading as a law-abiding citizen, since then.  He also had a 2009 DUI conviction. This wasn’t even a close call.

I’m pretty sure the children of gang members, drug dealers, muggers and serial killers also sob when daddy is taken away, and while I feel sorry for the children,  it doesn’t make me want to let their fathers go free, it doesn’t mean we should change the laws, and it isn’t news. 

ICE said Avelica-Gonzalez is scheduled to be deported to Mexico, where he was supposed to have returned three years ago. This isn’t cruel, this isn’t unfair, this shouldn’t be a surprise.

Brenda Avelica, a different daughter from the one heard sobbing on the viral video of her father’s arrest—YES! It really happened! The girl SOBBED! Film at 11!— said that her father has been in the US for 20 years and has four children, two of them adults.

So?

“It’s really hard what we’re going through,” Avelica told reporters. “I never thought we’d actually go through something like this. It’s terrible to feel and see your family being broken apart.”

Let me fix that for her. It’s terrible to finally have the law catch up to you when you are guilty as hell. The James brothers said that, I think. Maybe it was Bonny and Clyde. Or Bernie Maddoff. ICE agents are not the bad guys here. The elected officials, activists, and journalists who want us to think that, however, are. Very bad. Continue reading

The Good Immigrant II: The Loudmouth “Dreamer”

dani-vargas

Ooooh, I bet a lot of people are just going to hate this.

 22-year-old Daniela Vargas decided to participate in a pro-illegal immigrant news conference this week in Jackson, Mississippi. Two weeks before , ICE officials had handcuff her father and brother in the family’s driveway, for they, like her, were Argentines living in the U.S. illegally. Vargas was only 7 years old when she accompanied her father, mother and brother on a three-month visitor’s visa in 2001. The visa ran out, but they stayed in the Palmetto State.

Daniela had been protected as a “Dreamer” (another progressive euphemism designed to not only obscure truth but to make something that is nothing to be proud of sound benign, even cute) when she was 17 in December 2012 and again in November of 2014. She allowed that protection to lapse, and was officially violating the law for the last three months.

Nonetheless she put herself in front of a microphone and TV cameras this week to proclaim her defiance of the law. “Today my father and brother await deportation,while I continue to fight this battle as a dreamer to help contribute to this country which I feel that is very much my country,” she said.

Then, as Vargas drove home,  ICE agents pulled her over,  handcuffed her and took her to join her family as a first step to deportation.

Good.

Are you outraged? Really? This is a key breach of the common sense, “Don’t rub your law-breaking in the authorities’ faces rule.”  I remember my Dad one time, driving me to the airport when I was late for a flight, passing a state trooper who was going over the speed limit himself.  The trooper pulled us over, and was spitting mad. “You had the gall to flaunt speeding right in my face!” he said, barely under control. “That’s an insult to me, and the law. Just cruise by me going ten miles an hour faster as if I was nothing? No respect at all!” he said.  My dad could only say “I’m very sorry, officer. I didn’t intend to be disrespectful, but you are right. It was.” (He got a ticket.)

Vargas was so certain that she was immune from the laws of ” this country which she feels that is very much my country” that she flaunted her illegal status, after shrugging off her obligation to take the required steps to stay here. Like father, like daughter.

In a statement, an ICE spokesman confirmed that immigration officials took Vargas as “an unlawfully present Argentinian citizen,” into custody  “during a targeted immigration enforcement action” after the agency verified that her DACA status had lapsed.

Now the hashtag #freedany is being  spread on social media as an immigrant rights group, United We Dream, are encouraging young  illegal  immigrants  to sign a petition to Department of Homeland Security Secretary John Kelly demanding Vargas’s release. Its introduction says,,

“ICE agents detained 22 year old Dany Vargas just hours after she courageously spoke about her fear of deportation at a press conference…Dany came to the U.S. when she was 7 years old and was a beneficiary of the DACA program. She is a manager at a small store and dreams of becoming a math teacher.

Like many beneficiaries of the DACA program, paying the nearly $500 in fees every two years was hard and her DACA status expired. However, she saved up, got the money together and her renewal application is now in the approval process. But because of this technicality, ICE tracked her down, and put her into the deportation pipeline.”

Please.

“ICE agents detained 22 year old Dany Vargas just hours after she courageously spoke about her fear of deportation at a press conference…”

The proper word is not “courageously.” Stupidly, defiantly, foolishly, disrespectfully, arrogantly—ask that state trooper for the right words. Flaunting the law in the faces of law enforcement is many things, but it is not courageous.

“She is a manager at a small store and dreams of becoming a math teacher.” Continue reading

The “Transitioning” Female Wrestler: A Failure Of Ethics And Common Sense

The girls wrestling champion, Matt Beggs.

The girls wrestling champion, Mack Beggs.

Mack Beggs is a competitive wrestler at Euless Trinity High School, and also is a biological female more than a year into the process of “transitioning” to male.  Beggs just won his third consecutive girls’ wrestling tournament victory in the 110-pound weight class. I’ll call him “he” because that is what the student wants to be called, and he, in great part due to the male steroid treatment he has been undergoing,  is now 55-0 on the season. All of his opponents have been high school girls who are not taking steroids, and unlike Mack, do not intend to become, for all intents and purposes, male.

While Beggs says he wants to wrestle in the boy’s competitions,  the University Interscholastic League rules use an athlete’s birth certificate to determine gender, a measure that makes sense in most cases, just not this one. (See: The Ethics Incompleteness Principle) The rules prohibit girls from wrestling in the boys division and vice versa, and rules are rules. If you are a rigid, non-ethically astute bureaucrat, you follow rules even when you know that they will lead to unjust, absurd results, like Mack’s 55-0 record in matches.

The  rules also say that taking performance enhancing drugs like the testosterone that has given Beggs greater muscle mass and strength than his female competitors is forbidden, but  UIL provides an exception for drugs prescribed by a doctor for a valid medical purpose. After a review of Beggs’ medical records, the body granted him permission to compete while  taking male steroids—compete as a girl, that is.  Rules are rules!

One athletic director, after watching Beggs crush a weaker female competitor who left the ring in tears,  asked for his name not to be used as he commented to reporters, and opined that “there is cause for concern because of the testosterone,” and added, “I think there is a benefit.”

Really going out on a limb there, sport, aren’t you?

Here, let me help.

This is an unfair, foolish, completely avoidable fiasco brought about by every party involved not merely failing to follow ethical principles and common sense, but refusing to. Continue reading

Breaking Ethics Thoughts: The White House Bars The NYT And Others From Its Press Briefing

accessdeniedWASHINGTON (CBS SF/AP) — The Trump administration ramped up its war against the press Friday, blocking several major outlets from a scheduled White House press briefing.The New York Times, the Los Angeles Times, CNN and Politico were among the news organizations excluded from the meeting, reportedly an untelevised gathering with the press instead of the usual on-camera briefing with White House Press Secretary Sean Spicer.

I am not aware of the specific reasons for the action, but:

1.  I read the New York Times daily. It is routinely making every effort to present the actions of the Trump Administration in a negative light, often engaging in outright deceit to do it. It is behaving, as it has for years, as a Democratic Party organ.

2. CNN simply teems with anti-Trump hostility, in the tone of panel discussions, in the framing of the news, in the sneers and body language of its talking heads. This is not ethical journalism.

3. Politico is left-biased, but I haven’t followed it closely. The LA Times has conditions for use that I can’t meet. I’m not sure how biased they have been.

4. There is nothing per se unethical about a Presidential administration deciding that a news source it considers untrustworthy, unreliable and allied with groups that want to literally bring it down should be treated accordingly. Competent, unbiased, fair and ethical journalism is not an excessive requirement.

5. The response to Trump’s very clear warning to the news media last week was, “You can’t stop us, and we will be as hateful as we please.” This is his response to that. Hubris has its consequences. After MSNBC’s “Morning Joe’s” co-host Mika Brzezinski ‘s comment this week, some attitude adjustment seems to be mandatory. She said of the President,

“He is trying to undermine the media and trying to make up his own facts. And it could be that while unemployment and the economy worsens, he could have undermined the messaging so much that he can actually control exactly what people think. And that, that is our job.”

No, Mika, actually leaders always  lead, which always means trying to persuade the public.  That is their job. You job is to keep the public informed without telling them what to think, since as this statement proves, you don’t think all that well. At all.

6.  I am surprised that the Washington Post wasn’t shut out as well, especially after a slime job like this story.

7. Would I recommend this action by Trump? No. But it is a defensible response to a real threat to his ability to govern, and an informed democracy. It may not be a responsible or prudent response.

8. The best response would be for journalists to start doing their real job, and report the news fairly and competently without aligning themselves with political agendas.

____________________________

Pointer: Zoltar Speaks!

The President Is Right About The Mainstream News Media, And It Can’t Handle The Truth, Part III: The Tweet

trump-tweet-enemies

Part I in this series began with a random choice of a New York Times anti-President hit piece of the day. This is the one of truths that the mainstream media wants to pretend  doesn’t exist: the intentionally, relentlessly negative, innuendo-filled reporting regarding the Trump administration, with the goal of alarming the public, undermining its trust in the government, weakening his Presidency, or bringing it down entirely. Just to be up to date, let’s look at today’s front page…and what do we find? “A Back-Channel Plan for Ukraine and Russia, Courtesy of Trump Associates.”  The article includes a prominent graphic titled “Donald Trump’s Connections in the Ukraine.” But the article itself, and any research into the individuals shown in the graphic, show no association between Donald Trump and the Ukraine whatsoever. We see…

Andrii V. Artemenko: Ukrainian politician with a peace plan for Ukraine and a file alleging that its president is corrupt.

Felix H. Sater: Russian-American businessman with longstanding ties to the Trump Organization.

Michael D. Cohen: Trump’s personal attorney, under scrutiny from F.B.I. over links with Russia.

Paul Manafort: Former Trump campaign manager with pro-Russian political ties in Ukraine now under investigation by the F.B.I.

There is no evidence or even allegation that Artemenko has even spoken to Trump. Sater was involved in helping businessman Trump seek deals in Russia, and that is all the article tells us about him. Cohen is Trump’s lawyer, and a lawyer’s clients are not “linked” to other clients, unless you think Patty Hearst was “linked” to O.J. Simpson through their mutual lawyer, F. Lee Bailey.

Then there is Manafort, who is not  in the Trump Administration, and was fired from the campaign before the election. Back when he was the campaign manager, Politifact did a “check” on him, and found that he had done political consulting work for Ukrainian politicians. Among the international clients Clinton consultant James Carville lists on his website are politicians in Argentina (lots), Columbia, Bolivia,  and yes, the Ukraine, that’s just “some” of the them, meaning that some of the others either don’t want to be known or wouldn’t make Carville look good if they were known. Was Hillary Clinton “associated” with everyone on Carville’s client list? (Also a Carville client: the late Senator Ted Kennedy, serial pussy-grabber and un-prosecuted negligent homicide suspect). Of course not, but that’s the degree of “association” with the Ukraine that the Times article pins on the President, once you get past the front page headline and graphic. The photo over the online version of the article even shows President Trump, who is barely mentioned in the substance of the piece at all, except in such references as “Mr. Trump’s lawyer.”

Might all of these “associations”—this use of guilt by association would be too attenuated even for Joe McCarthy–eventually add up to something sinister, and a scandal that involves the Trump administration? Sure, anything is possible. THAT would be news. THAT would belong on the front page. THIS story, however, is a dog’s breakfast of innuendo, speculation, “hmmmm..” and nothing. It is fake news…not fraudulent in its facts, fraudulent  in its presentation, placement in the paper and intentional suggestion that what is known justifies suspicion of the President. The defenders of the ongoing journalist attacks on the President continue to argue that fact-based smears and rumor-mongering stories published in major news sources are not “fake news,” and after a story like this, I have to wonder about their honesty too. There is only one way this kind of smoky article makes a front page above the fold.

Now on to the Tweet Heard ‘Round The World. As discussed in Part II, the President was performing  a public service when he told the newsmedia to its reporters’ smug  faces that they were biased, hateful, incompetent and dishonest. Somebody had to do it. Their supposed “watchdogs” like CNN’s Brian Stelter won’t do it, because he is too busy bashing the President himself while defending his pals.

It would be much better if someone in academia, or a prominent journalist pointed out how terrible a biased and untrustworthy news media is for the nation, but this is the Left’s attempted coup, after all. Try finding an objective authority in academia or journalism. So the leader of the nation, on national television, has to tell the self-congratulatory journalists that they are failing their duty to the nation, which is to inform the public. They see their duty as bringing down a President their Progressive Masters hate.  In other words, the President is saying, essentially..

The follow-up tweet elaborated by specifying just how much of a betrayal this is, saying,

The FAKE NEWS media (failing @nytimes, @NBCNews, @ABC, @CBS, @CNN) is not my enemy, it is the enemy of the American People!

Look at this as the second slap. Better yet, look at it as the journalism version of Ronald Reagan slapping the Soviet Union with the well-deserved label, “The Evil Empire.”  Many commentators, including former Soviet President Mikhail Gorbachev, traced the beginning of the unraveling of the Iron Curtain to Reagan’s brutal frankness. Continue reading

KABOOM! One More Reason I’m Glad I’m Not In College Today, Because I’d Be Out Of College Tomorrow

white-badges

Students at Elizabethtown College this month are capitulating to a push by the Elizabethtown College Democrats, who want white students to wear white pins in the shape of  jigsaw puzzle pieces “to remind them of their white privilege.” The racial branding at the small and private liberal arts college in Pennsylvania is supposed to prompt introspection about racial issues.

And it is President Trump who is being called Hitler….

I am fairly certain that my reaction to this racist belittlement and intimidation would be the same at ages 18 to 21 as it is now at age…well, as it is now. I would vocally refuse to wear the damned things, mock any student who did as  submissive, addled  and  cravenly enabling totalitarianism of the left, and wear this myself to make the obvious analogy as clear as the nose on Jimmy Durante’s face…

 

yellow-badge

Continue reading

Ethics Lesson: Judges Can’t Campaign Like Other Candidates

false-campaign-ad

The Supreme Court of Appeals of West Virginia suspended Judge Stephen Callaghan for two years and fined him $15,000 for a campaign flyer that it deemed dishonest. The court said that the flier  depicted the incumbent judge, Gary Johnson, as “partying” with President Obama. Johnson had visited the White House for a federally required conference on fighting child trafficking, but  he didn’t see Obama there, there was no party, and no function involving alcohol. The flier was mailed out five days before the May 2016 election, which Callaghan won.  Callaghan won the election by 220 votes.

The flier was “in every sense, materially false” according to the decision. You can see it above. Photos of Obama and Johnson are shown next to each other. Obama is shown holding a beer and streamers are in the background. The caption reads, “Barack Obama & Gary Johnson Party at the White House.” The opposite side of the flier read,

“While Nicholas County lost hundreds of jobs to Barack Obama’s coal policies, Judge Gary Johnson accepted an invitation from Obama to come to the White House to support Obama’s legislative agenda. That same month, news outlets reported a 76% drop in coal mining employment. Can we trust Judge Gary Johnson to defend Nicholas County against job-killer Barack Obama?”

After Johnson objected to the flier ( and probably threatened to sic the Judicial Ethics Panel on him), Callaghan removed the flier from his Facebook pages and ran radio ads saying the flier’s “specific characterization of the White House visit may be inaccurate and misleading,” and “candidate Callaghan apologizes for any misunderstanding or inaccuracies.” Continue reading

Comment of the Day:”Unethical Website Of The Month: #GrabYour Wallet”

boycotts

Should I regret when readers explain my positions better than I do? I don’t. It is one of the great advantages of the Ethics Alarms symposium format: very smart people often refine my views and make them clearer for me, as well as others.

An example is Glenn Logan’s Comment of the Day, on a topic that has come up her before, boycotts. Every time it has, someone has countered my ethical conviction that boycotts are intrinsically wrong with the argument that we all have a right and often good reasons to refuse to patronize a business, so why is it unethical to urge others to follow our lead? Glenn does a better job answering that question than I ever have.

Here is his Comment of the Day on the post “Unethical Website Of The Month: #GrabYour Wallet.”

This is how I see boycotts, and I’ll explain by responding to parts of [reader Spartan’s] comment:

Assuming people have X amount of dollars they are going to spend, those X dollars will just go to other companies. Every time I buy a GM car (I only buy GM cars), am I hurting someone from Ford, Nissan, BMW, etc.?

Are you buying the car for its value, or in order to hurt other companies? Presumably, most people buy cars for their perceived value, or their styling, or some other characteristic that pushes the correct buttons of their personal taste in cars.

But if the only button GM presses is related to politics/religion/etc. then yes, it would be unethical.

I have a Mormon colleague who will only stay at Marriott hotels because it is a Mormon-owned chain. Is he boycotting other hotels?

Let me answer this question with another question: Is it ethical for a white person to patronize white-only restaurants because of the race of their ownership? Is it ethical for a gay person to patronize only gay-owned establishments? How about Catholics using a religious test for their patronage? Continue reading

Unethical Website Of The Month: #GrabYour Wallet

trump-boycott

Boycotts are almost always unethical, but the vicious partisan tactic of boycotting businesses because they or their owners  support or contributed to the duly elected President of the United States make usual boycotts seem saintly in comparison. Spite, vengeance, an attack on political speech and individual autonomy, call it what you will, there is no other side to this tactic. It is wrong. It undermines democracy. It punishes speech. It is the heating oil seller who tells Trump voters to freeze, and the yarn shop owner who tells Democrats to feed their knitting elsewhere, but on a grand, self-righteous, societally destructive scale.

#GrabYourWallet is a website whose operators  aim to hurt, injure and punish not only business owners who dare to have a different political view than they, but also their businesses employees, families and customers. This is the invidious outfit that bullied Nordstrom into dropping Ivanka Trump’s fashion line, because we must punish a young woman for supporting her father, who half the country chose to be President. This in turn led Kelly Ann Conway, the President’s spokesperson who is as much in over her head as a he is, to fall into the trap of violating the law by using her position to promote a product, because she chose an inartful way of telling decent Americans to reject the boycott.

Let me be as clear as Ethics Alarms can be. Continue reading