Sunday Morning Ethics Warm-Up, 4/25/21: “Genocide,” Crisis” And “Honeymoon”

John-Tenniel-Humpty-Dumpty

The good news is that I’m back at the keyboard, though at a ridiculous hour. The bad news is that I’m here because I’m out of pain-killers, and my mouth is killing me. [UPDATE: I started this post at 3 am, couldn’t continue, and now it’s after noon. I’m clearly a weenie. I’m pretty sure my father endured worse pain than I am dealing with all through his life and repeatedly after his foot got blown up in the war, and he never complained once…]

Yesterday marks a great moment in ethics, and my plan was to mention it on time. On that date, April 24 in 1863, Francis Lieber, a Prussian immigrant whose three sons served in the Civil War, created what became General Orders No. 100. Reflecting his many writings on the topic, it was a code of conduct for Federal soldiers and officers when dealing with Confederate prisoners and civilians. The code was subsequently borrowed or adapted by many European nations, including influencing the Geneva Convention. Unique when it was written, Lieber’s code was the product of a committee of four generals and Lieber, who were tasked by Union General Halleck to draft rules of ethical combat. The the 157 articles established regulations and standards for the treatment of prisoners, exchanges, flags of truce, and much more. The document was written almost entirely by Lieber, and there was nothing like it.

1. President Biden does the ethical thing that President after President didn’t have the guts to do…He finally authorized referring to the Ottoman Empire’s Armenian genocide as “genocide.”

Good. Any President since 1916 (that’s Woodrow Wilson through Trump) could have made official the historical reality, but keeping our Turkish allies happy by enabling their long denial was deemed more pragmatic. Of course what the Ottoman Empire did to its Armenians was genocide. An estimated 800,000 to 1.2 million Armenian men, women, children, elderly and ill Armenians were marched to the Syrian desert in 1915 and 1916, with many thousands killed on the way. There they were placed in concentration camps. After another wave of massacres in 1916, only 200,000 of those deported survived. Many of these were forcibly converted to Islam and integrated into Muslim households. Still more massacres and ethnic cleansings of Armenian survivors were carried out by the Turkish nationalist movement after World War I. Naturally, the Armenians’ property was confiscated in the process. The genocide reduced the Armenian population of the Ottoman Empire by an estimated 90%

2. And yet, ironically, the same administration refuses to use the word “crisis” to describe the current illegal immigration mess at the Mexican border, a crisis entirely created by Biden’s implicit invitation to aliens to break our laws and eventually benefit from doing so. Thus Politico, part of the Left’s propaganda and disinformation apparatus, sent out a memo to staff telling them not to use the term “crisis,” and to “avoid referring to the present situation as a crisis, although we may quote others using that language while providing context. While the sharp increase in the arrival of unaccompanied minors is a problem for border officials, a political challenge for the Biden administration and a dire situation for many migrants who make the journey, it does not fit the dictionary definition of a crisis. If using the word ‘crisis,’ we need to ask of what and to whom.”

The situation indeed fits the dictionary definition of “crisis.” Politico also doesn’t seem to be troubled at all that it and every other news source referred to a similar but far less massive wave of children showing up at the border when Trump was President as a “crisis.”

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On Having Rational Arguments With People Who Don’t Want To Be Rational

Guest post by Null Pointer

I’m especially grateful for re-postable comment right now, as I still am in searing pain from an oral surgery procedure too disgusting to describe, and drugged to the gills. But ethics moves on, mindful of no man. This one is nicely appropriate, since I am still losing respect for Facebook friends at a breakneck pace, as they have attacked me for suggesting that reasonable doubt existed in the Chauvin trial and that the trial was unfair by any rational standard. It’s like a clinical example of how mobs make themselves stupid and crazy. For example, a lawyer—a lawyer!—wrote this: “Doesn’t “fair” mean fair to both parties?” No! Nothing in the Constitution requires a “fair trial” for the State. Incredible. A progressive lawyer actually thinks it does..or what is ore likely the case, was grasping at straws and got a really stupid one.

I will dedicate this Guest Post (since it arrived in an open forum) by Null Pointer to the sadly MIA (since January) commenter Extradimensional Cephalopod. This is one of his favorite subjects.

It is difficult to engage with someone who is making emotional arguments, but not impossible. You first have to understand person you are engaging with, how they think and why they think the way they do. Throwing facts at brainwashed people isn’t going to do anything, because most people have been taught to ignore facts that don’t align with their viewpoints. Younger people have been increasingly taught in school that feelings out weigh facts. Often the way to reach them is to start with feelings, and move slowly outward from the feelings to the facts. Acknowledge the correctness of their feelings, then explore the way they feel about all the feeder issues around whatever issue you are discussing. Usually you will find that even though they are very dogmatic about some major political issue, they have doubts about some of the related issues. It’s a process, and it takes time. Trying to simply change someone’s mind to your position isn’t going to work, but getting them to think more deeply about their own position will.

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The Democratic Party Has Announced That Discrimination Against Asian-Americans Can Be Justified

It can’t.

This was a significant and revealing vote in the Senate last week in many ways.

Senate Democrats united to vote down an amendment from Senate Republicans designed to bar “Federal funding for any institution of higher education that discriminates against Asian Americans in recruitment, applicant review, or admissions.” The addition was proposed for the grandstanding Senate legislation called the “COVID-19 Hate Crimes Act” that would require “expedited review of hate crimes” by the Department of Justice with “online reporting of hate crimes or incidents” and “expand public education campaigns aimed at raising awareness of hate crimes and reaching victims.”

This unnecessary legislation, sponsored by Hawaii Senator Mazie Hirono, passed the Senate 94-1, because nobody is against “hate crimes.” Yet oddly, the Democratic Party, at least in the Senate, appears to be in favor of discrimination against Asian Americans. Why is that? The Yea-Nay vote was 49 – 48, with no Republican voting against the amendment, and not a single Democrat voting for it.

“We have major universities in this country that are discriminating in admissions against Asian-Americans,” Louisiana Republican Senator John Kennedy (R-La) said. “Discrimination is discrimination…This is wrong, it is contemptible, it is odious.” Yes, yes it is. But the current ideology of the political Left now holds that discrimination against whites is good discrimination (they have it coming, after all, the racist bastards!) and discrimination against Asian-Americans is necessary discrimination. The argument is vile, and indefensible in law or ethics, which is why, so far at least, the mainstream news media is burying the story and the vote. The passage of the pandemic hate crimes act is being trumpeted everywhere, perhaps because the news media is complicit in the wildly inflated public belief in the extent of the problem it addresses, but the Democratic rejection of S.Amdt. 1456 is barely mentioned at all. Regarding this, I will repeat the same rhetorical question I asked once already here: “Why is that?”

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Assorted Ethics Items, 4/23/2021: I Can’t Talk Or Eat, But I Can Still Write. And Think, Sort Of…[Finally Corrected!]

Well, THAT was certainly unpleasant…made a root canal seem like the warm embrace of a succubus by comparison…

1. An alternate juror in the Chauvin trial gave an interview. She seems like a pretty rational sort, but two comments support the contention that the trial was not a fair one:

  • “I did tell them that I saw the settlement run across the bottom of the screen one day…I was not surprised there was a settlement, but I was surprised they announced it beforehand.” She also said she understood that civil trial and criminal trial standards were different, but the fact that the city essentially announced that its police were liable for Floyd’s death cut the legs out from under Chauvin’s defense.
  • “I did not want to go through rioting and destruction again and I was concerned about people coming to my house if they were not happy with the verdict.” If any jurors feel that way, it’s not a fair trial.

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Comment Of The Day: “Ethics Observations On The Shooting Death Of Peyton Ham”

Steve-O-in NJ has stepped into a temporary (I hope) vacuum of ambitious comments to monopolize the COTD field. Steve is a lot more pessimistic than I am, and prone to Jeremiads (THE END IS NEAR!) but he also is willing to make observations that most are reticent to put into print. A few of you out there hang out on my Facebook page, where my alleged friends had a meltdown over a repeat of my musings here about whether Juror 8 in “12 Angry Men” would have bothered fighting for reasonable doubt in the trial of a defendant whom he thought was probably guilty if he knew that a not guilty verdict would trigger violent riots. How dare anyone suggest that there was reasonable doubt in the Chauvin trial? How dare anyone imply that the trial wasn’t fair!

Steve-O’s point about police being in an impossible position still applies to Derek Chauvin, cruel and untrustworthy cop that he undoubtedly was. Usually that impossible position girds police from conviction in all but the most egregious examples of police misconduct, as in the case of Michael Slager. I think the public’s acknowledgement of the dilemma is appropriate and generally ethical, but it is ready-made for accusations of racism when the victim is black.

Back to the post that sparked Steve’s COTD, “Ethics Observations On The Shooting Death Of Peyton Ham”, there has been no news coverage of Ham’s death for a week. He was 16, just like the girl shot in the act of trying to stab another teen in Columbus, Ohio, but nobody in Congress or anywhere else is arguing that his youth demanded restraint by police. The reason is that Peyton Ham was a white male, and Ma’Khia Bryant was a black female. The police were supposed to understand that different standards applied. (The photo above is of the Columbus riots in response to the girl’s shooting. Somehow I can’t locate any similar photos of the protests of Ham’s death.)

Here is Steve-O-in-NJ’s Comment of the Day:

Policing in the United States is fast becoming a lose-lose proposition and a job fewer and fewer people are going to want. If you take action, you are considered a thug, a bully, and automatically a racist. If you take no action, you are either lazy or dead from the neck up and need to be fired. We’ve been over this half a dozen times since the death of George Floyd. Policing is by nature a dangerous and demanding job. Policing by nature sometimes requires split-second decisions which have a tiny margin for error and possibly grievous consequences if gotten wrong. Policing is not just about crossing schoolkids, directing traffic, getting lost children home, making reports of fender benders, and once in a while giving out a ticket to someone driving a little too fast or parked in a place clearly marked “no parking.”

Even in the safest small towns in America there are always going to be domestic violence calls, holdups, drunk and disorderly conduct, kids getting into drugs, or the mentally ill who do crazy things that endanger themselves or others. Like it or not, a big part of policing involves making unwilling individuals comply with lawful orders necessary to keep order. Sometimes there is no way to make that happen but to use force. Using force isn’t pretty. It’s not pretty to slam a violent husband or boyfriend down on the kitchen table and cuff him before he hits the woman in his life again. It’s not pretty to cuff a drug-addled, emaciated streetwalker who you’ve told to move along for the umpteenth time and been met with a torrent of profanity each time. It’s not pretty to throw a reeking homeless person who’s been harassing shoppers into the back of a police cruiser to take him somewhere where he can (hopefully) get the help he needs. And no, it’s not pretty to arrest some dreadlocked thug who’s spent his whole life doing nothing but commit crimes when he commits yet another one. It’s also not pretty when a hapless wife or girlfriend gets a broken jaw or a spiral fracture of the arm from a partner who she “just wouldn’t listen to.”

It’s not pretty when a family can’t walk down the street without seeing some skeletal prostitute shooting up. It’s not pretty when everyone has to avoid the block that “Crazy Joe” has claimed as his own. It’s not pretty when DeShawn, out of prison barely a week, sticks up a bodega with a gun or hits somebody over the head because he has no money and few prospects.

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Friday Open Forum, Safe Edition

I’ll be having some unpleasant and extremely expensive oral surgery this morning, and when I get back, I may only be able to type, “Urrrragghhh!” So I’m counting on the commentariat to come through big time.

For some reason, comments since the last Open Forum have been sparse, with a few notable exceptions. I’m trying to learn to ignore such things. I knew I would have a use for the Serenity Prayer one of these days…

Post-Seminar Ethics Smorgasbord,2/22/21: Based on #4, I Think The End May Be Near…

Just finished a two-hour legal ethics seminar that theoretically was attended by 100 lawyers. Since only two of them asked any questions, the rest might have been asleep for all I know. BOY i hate teaching on Zoom…

1. Good! Bradley Gayton,the Coca-Cola general Counsel responsible for the unethical–but woke!—extortion demand that all of Coke’s law firm’s lawyers had to meet diversity quotas among its lawyers or else has resigned, which means he was fired. Here’s Bradley:

From this I discern that Coke heard from its law firms that this arm-twisting was bad business, bad law and bad ethics, which it was. I have sympathy for the guy: he has been brainwashed into believing that race hucksterism and the diversity racket was ascendant, and wildly over-estimated just how crazy things were. Yet. In this way minority hires are being set-up to fail., but by their alleged allies.

2. I oppose organized boycotts as unethical, but if I didn’t, boy would I be organizing them against Mountain Dew, AT&T, Beats, Nike, Walmart, Rimowa, GMC and Blaze Pizza. All of these pay NBA super-star LeBron James to be their spokesman. James, not to put too fine a point on it, is an irresponsible, hate-mongering racist asshole. With nearly 50 million followers on Twitter, most of them either African-American or morons (because following the inane blatherings of any celebrity is proof of an empty life and a cranial vacuum) James essentially put a hit out on the officer who probably saved the life of one young woman by shooting the other one who was preparing to stab her. If the officer, whose photo James tweeted out with the sinister words, “You’re next!,” is not attacked or killed it will be by way of moral luck, and nothing else.

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Who Is Surprised To Hear That “Propaganda Causes People To Grossly Overstate Police Killings of Blacks”?

Who? Well, probably your friends on social media who think you’re a racist because you point out that Black Lives Matter is spreading lies and hate.

I read with interest this feature yesterday in my New York Times: “Few Charges, Fewer Convictions: The Chauvin Trial and the History of Police Violence.”

It covered two full pages—you know, it was important—and was pure propaganda: deliberately misleading, contoured to make a political argument under the guise of news analysis. I classify the reporters, Aidan Gardiner and Rebecca Halleck, as ethics villains, along with whatever editor gave a green light to publish this deliberate deceit.

It begins,

For many observers, the trial of Derek Chauvin, the former Minneapolis police officer charged in George Floyd’s death, has felt like the culmination of years of outrage and grief over police killings of Black people in America. Video of the arrest that led to Mr. Floyd’s death inspired demonstrations that touched every corner of the country last summer, with protesters demanding justice for Mr. Floyd.

The Times reviewed dozens of similar cases in which encounters between Black people and police ended fatally. Though many cases prompted public outrage, that did not always translate to criminal indictments. In some cases, police officers were shown to have responded lawfully. In others, charges were dropped or plea agreements were reached. Some have resulted in civil settlements. But very few have resulted in convictions at trial.

These cases offer valuable points of comparison about what issues — video evidence, drug use, whether the person who died was armed — proved decisive in each outcome and what consequences, if any, officers faced. Even as the trial has unfolded, several events, including the killing of Daunte Wright just a few miles from Minneapolis, have provided a grim reminder that Mr. Floyd’s death is one in a decades-long history of fatal encounters.

Then we get a list of cases where blacks died as a result of police action. The facts of the cases are summarized briefly, often leaving out important facts. We are told, for example, the Eric Garner was “confronted” by police but not that he resisted arrest, nor that he weighed over 300 pounds. The Times reporters don’t deem it significant that Mike Brown tried to take away the officer’s gun, or that he was shot while charging the cop. In the case of Tamir Rice, the Cleveland 12-year-old shot while playing with a realistic toy gun that had its red tip removed, the article says that “a 911 caller reported seeing a person with a gun but said that it was ‘probably fake’ and that the person was ‘probably a juvenile,'” but does not add the crucial detail that these statements were not relayed to the officer.

I know most of the cases mentioned in the piece; for those I do not, I assume that I am being similarly misled. The Times isn’t reporting or doing legitimate analysis; this is advocacy, and unethical advocacy. Facts that would undermine the political agenda of the reporters, and by extension, the Times, are omitted. That is lying by omission.

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Wednesday Wrap-Up For A Post-Chauvin Trial America, 2/21/21 [Corrected]

I guess I have to come clean: I thought I had posted this before noon. Guess not. So a Morning Warm-Up became a late night wrap up…

1. The trial was a sporting event? I did not know that! ESPN included the Chauvin guilty verdict in its list of important sports news today. Apparently, it’s sports news because a lot of athletes are going to shoot off their mouths about it, spreading ignorance far and wide.

2. Deranged Quote of the Day: “Where are the disabled, queer, poor, gender diverse, dogs of colour and single-parent dog families in Bluey’s Brisbane?” That comes from ABC Everyday’s Beverley Wang. The Disney+ program, we are told :

….is the award-winning, mega-hit animated series about the Heelers, a family of dog-shaped humans — parents Bandit and Chilli, four-year-old Bingo, and six-year-old Bluey — who live in a gorgeous Queenslander with city views, perched on a lush hilltop in sunny Brisbane.

The only way to handle people who poison minds and the the culture with ideas like this is to be merciless, and slap them down with the classic reaction of “Sidney Wang”:

Being nice just enables them.

3. From the False Narrative files: Yahoo! News correspondent Jon Ward authored a piece of counter-factual propaganda headlined, “Chauvin’s guilty verdict is a major milestone in America’s reckoning with racial justice.”  As I have tried to point out repeatedly, there is no evidence that George Floyd’s fate would have been any different if he had been white, Asian-American or a Smurf. None. NONE. There is no evidence that Chauvin was a racist, or that race played any part in his brutal treatment of Floyd. The fact that activists, politicians and the journalists seized on the symbolic imagery of a white cop’s knee on a black man’s neck and exploited it shamelessly doesn’t change the facts. This was not a racial incident. If the jury convicted Chauvin thinking that it was, then they were misled.

Ward’s essay is a good starting place for anyone who wants to understand  how far journalism has sunk.

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Ethics Reflections And Questions On The Chauvin Verdict, Part 2

Part 1 is here. As I expected, there was a lot of dubious as well as perceptive commentary after the verdict, and some related events with ethics implications.

1. I’d comment on this, but Ann doesn’t allow comments any more...The only note Althouse had on the verdict was a detached, “I’m sure that is an immense relief to many, many people.” Not to me. I’m not relieved when the justice system allows itself to be dictated to by mobs. Nor am I relieved when racial significance is illicitly attached to a non-racial episode so activists can lie about it.

2. The reason why there was no reason to be “relieved” arrived quickly, in the form of the Democrat reaction to the police shooting of 15-year-old Ma’Khia Bryant in Columbus, Ohio. Body camera footage showed Ma’Khia charging at another young woman apparently preparing to stab her with a knife. Attorney Ben Crump, looking for the next black family he can represent and the next white police officer he can demonize in the press, referred to Ma’Khia as “unarmed” in a tweet. “Squad” member Ayanna Pressley tweeted, “Black girls deserve girlhood — uninterrupted. Black girls deserve to grow up and become women” —apparently even if they kill other black girls on the way to growing up. Senator Sherrod Brown disgracefully tweeted, “While the verdict was being read in the Derek Chauvin trial, Columbus police shot and killed a sixteen-year-old girl. Her name was Ma’Khia Bryant. She should be alive right now.”

Naturally, BLM protests erupted in Columbus. When Ethics Alarms says “Facts Don’t Matter,” I’m not being cute. The push to brand virtually any law enforcement action against black lawbreakers as racist and an example of police misconduct will gather power with each perceived victory. The effort to bully elected officials and juries into discarding due process and sound policy to accomplish this will not stop or weaken until enough Americans have the courage to brave accusations of racism and say “Enough.”

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