abuse of power

Ethics Hero: F.I.R.E…Again.

/ Jack Marshall / 8 Comments

FIREOnce again, the indispensable Foundation for Individual Rights in Education stopped a private university from crushing a student for the imaginary offense of expressing opinions on-line that others find offensive.

Texas Christian University disciplined Harry Vincent, a 19-year-old sophomore, after he posted harsh comments on Twitter about ISIS, illegal immigrants and the Freddie Gray rioting in Baltimore. After a complaint from a Maryland Twitter user named Kelsey, who, having failed to win her online argument with Vincent decided to get him kicked out of school for daring to disagree with her, TCU declared that Vincent had violated the Student Code of Conduct prohibiting the ‘infliction of bodily or emotional harm’ and ‘disorderly conduct,’ neither of which fairly described  his intemperate but entirely personal social media declarations.

The student was suspended from all extracurricular activities for one year, and could no longer live on campus or use non-academic facilities, such as the cafeteria and recreational center.  First, however, the school compelled him to apologize for daring to cast aspersions on terrorists, rioters and illegal immigrants. He was also told to see a psychiatrist, because if you are politically incorrect in 21st Century America, you must be mad.
Continue reading →

Incompetent Elected Official of The Month: Louisiana Governor Bobby Jindal

/ Jack Marshall / 21 Comments
You're supposed to know all this BEFORE you run for President, Bobby...or Governor, for that matters.

You’re supposed to know all this BEFORE you run for President, Bobby…or Governor, for that matter.

The Westboro Baptist Church has threatened to picket the funerals of the victims of the Lafayette theater shooting.

Governor Jindal, an alleged Presidential candidate, thinks that the First Amendment doesn’t apply to them, despite a well-publicized Supreme Court decision to the contrary. “If they come here to Louisiana, if they try to disrupt this funeral, we’re gonna lock them up,” Jindal said on “Face the Nation.”. “We won’t abide by that here…Let these families grieve in peace.”

Hmmmm. Appealing to ignorant voters. Grandstanding. Pandering. Abuse of power.  Talking as if the Constitution doesn’t exist. Threatening to break the law. Sounding like an idiot blowhard.

Just the guy to give Donald Trump a run for his money.

 

Of Course Sandra Bland Shared Responsibility For What Happened To Her, And Other Observations On The Bland Tragedy

/ Jack Marshall / 56 Comments

http://www.youtube.com/watch?v=CBh3wzXd3vg

Let us stipulate that trooper Brian Encina behaved unprofessionally and atrociously by any standard in his handling of the vehicle stop of Sandra Bland in Prairie View, Texas, on July 10, setting into motion a series of events that led to Bland’s death by apparent suicide in a jail cell three days later. The police work shown by the dashcam video is unforgivable, and could be used in officer trainings on how not to handle a traffic stop.

That does not make him responsible for Bland’s death, however. He was not responsible for an incompetent bail system that had this woman in jail for three days, apparently because it was a weekend, and if she did take her own life (agreed: since her family has no reason to trust authorities at this point, nothing is likely to convince them of that no matter what the evidence, and also agreed, the suicide verdict looks mighty shaky at this point), that is, by law and logic, an intervening cause that exonerate the officer in Bland’s death. Activists will make the obvious Freddie Gray comparisons, but in this case there is no reason to believe that the officer, no matter how wrongful his conduct, either intended or contributed to her death. At worst, Encina is guilty of bad policing and using excessive force. This is not the Freddie Gray case, unless there was a dark conspiracy of frightening proportions.

Once again, however, a black citizen is dead after a confrontation with a white cop. For many pundits, civil rights advocates and black racists as well as irresponsible elected officials, that’s evidence enough that this was a racial incident. It isn’t evidence enough, however. The racial identities of the participants do not mean race was a factor, and absent some other facts that we have not learned about yet, any effort to suggest otherwise is nothing but the Zimmerman con, assuming racism unjustly to advance a political agenda. Let’s see if the Justice Department launches a civil rights investigation this time….again, assuming nothing more suspicious turns up.  That would be the smoking gun evidence of this DOJ’s bias. I wouldn’t bet against it happening. Continue reading →

Ethics Quote Of The Month: Popehat Lawyer/Blogger Ken White

/ Jack Marshall / 10 Comments

Dept_Of_Justice_USF“That’s your justice system, and mine: a consequence of our culture of servility towards to police and prosecutors.”

—Former prosecutor, current lawyer, and epic blogger Ken White, summing up the outrageous misconduct of the U.S. Attorney’s Office in its attempt to subpoena Reason’s commenter’s identities for potential prosecution, specifically the use of a gag order to prevent the publication from communicating.

Ken White has been following this story, which is a frightening example of how power can be, and is perverted in a supposed democracy that respects a free press. The short version (you can read the posts about this here and here, which link to Ken’s more intense and thorough commentary) is that libertarian publication Reason found itself ordered to reveal the identities of some mean commenters on its website who made obviously hyperbolic and facetious “threats” about a judge, including suggesting that she be Steve Buscemied…

Woodchipper foot

 

Continue reading →

More Obama Administration Abuse of Power In The Service of Political Correctness

/ Jack Marshall / 20 Comments

 redskins

From the Washington Post:

Efforts to lure the Washington Redskins back to the District have come up against a potentially insurmountable challenge: the Obama administration’s objections to the team’s name.Interior Secretary Sally Jewell told D.C. Mayor Muriel E. Bowser this spring that the National Park Service, which owns the land beneath Robert F. Kennedy Memorial Stadium, was unlikely to accommodate construction of a new stadium for the Redskins unless the team changes its name.

Jewell oversees both national park land and America’s trust and treaty relationships with Native American tribes.Her decision not to extend the District’s lease of the RFK land badly hinders Bowser’s bid to return the Redskins to D.C. — and boosts efforts to lure the team across the Potomac to Northern Virginia.

It is also a blatant abuse of government power and an  insult to the spirit and intent of the First Amendment of the Bill of Rights. Continue reading →

Surely There Is A Gay John Adams In Oregon Who Will Fight The State’s Outrageous Persecution Of The Kleins…Isn’t There?

/ Jack Marshall / 27 Comments
Come on, John, I know you're out there....

Come on, John, I know you’re out there….

Even if one believes that the refusal of  Sweet Cakes  to make a wedding cake for a gay couple was a dubious exercise of religion as well as a mean and petty one, the astounding punishment levied on the now defunct bakery’s owners must be condemned as an abuse of power.

Having already lost their bakery business due to mob action online by Gay Marriage Advocate Furies, Aaron and Melissa Klein were walloped by former Oregon Labor Commissioner Brad Avakian with a $135,000 judgment  for “emotional damages” to the couple. He also issued a gag order on the ex-bakers that forbids the Kleins from explaining to potential customers of Sweet Cakes their anti- same-sex wedding policies.

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UPDATE (7/9): This is, I have learned, an overly simplistic description. Ken at Popehat explains what’s really going on as far as the “gagging” goes.

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Of course—I guess I can’t really say “of course” if such a travesty can occur—no state can order anyone not to talk about anything in such a situation. The unconstitutional gag order is essentially moot, since to violate it the Kleins would have to still own a bakery and they do not, but it still acts to intimidate others and chill freedom of speech. It must be challenged and overturned. The fine is also unconscionable, and effectively makes villains out of the originally aggrieved couple if they don’t immediately agree to waive it. There is a duty in law to mitigate damages: the couple could and did minimize the harm of their cake request’s rejection by obtaining a wedding cake elsewhere. The Kleins didn’t stop them from getting married, and any harm that came to them from the publicity of their humiliation by the bakery was exacerbated by the couple’s own actions, not the Kleins’. $135,000? That’s beyond punitive. That’s vengeance. Continue reading →

The Most Unethical Prosecutor Of All: Baltimore’s Marilyn Mosby

/ Jack Marshall / 12 Comments

Mosby

In a legal ethics seminar I taught this week for government attorneys, the vast majority of them voted that Marilyn Mosby’s vainglorious announcement of charges against six officers in the death of Freddie Gray was prosecutorial abuse, and a blatant violation of professional ethics rule 3.8, which directs that (this is the Maryland version)…

The prosecutor in a criminal case shall:

(a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;

…
(e) except for statements that are necessary to inform the public of the nature and extent of the prosecutor’s action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused and exercise reasonable care to prevent an employee or other person under the control of the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6 or this Rule.

Of course it was a breach of ethics, and an outrageous one. Her statement, which I discussed here, not only overstated her justification for bringing the charges, which were rushed and announced before a careful investigation was completed, it also stated that the officers were guilty, and worse, that the charges were being brought because the demonstrating and rioting protesters has demanded it. Mosby’s words suggested that she stood with the mob. Continue reading →

More On Our Unethical Justice Department’s Attack on Reason: Now A Publication Having Its Rights Infringed Can’t Tell The Public That The Government Is Infringing Them

/ Jack Marshall / 9 Comments

obama shhhh

The detestable abuse of power represented by the U.S. Government seeking to prosecute blog commenters for obviously hyperbolic criticism of the government was noted in this post, not that it aroused half as as much interest or comment as, say, Caitlyn Jenner’s come-hither glance on the cover of Vanity Fair. Nor did much of the blogosphere take notice, and if any national news media took heed, I missed it. For how can the Obama Administration chilling free speech and harassing a libertarian blog that frequently condemns its contempt for basic rights compete with the secret guest list of the Obama’s 500 closest friends invited to dance a night away to the music of Stevie and Prince?

Now Ken White, the libertarian lawyer/blogger/free speech warrior who honors Popehat with his wisdom has uncovered a further outrage: he believes, and has good reason to believe, that the government has slapped a gag order on Reason, thus stopping the website from alerting the public and the world regarding our government’s unethical and probably illegal conduct. Continue reading →

Our Unethical Justice Department’s Attack on Reason

/ Jack Marshall / 28 Comments

Reason

While we’re on the topic of progressive/Democratic fascism, did you hear the one about the Justice Department?

I continue to wonder when cognitive dissonance will kick in and genuine humanist liberals who have been willing to support this President and his arrogant, bumbling administration through one botch and fiasco after another finally realize that trampling on basic rights in defiance of the Constitution isn’t OK, even when done in the name of an African-American President. Time is running out, and so far, except from some notable exceptions, all I see is shrugs and smiles. “Well, they are terrorists.” “Well, they are racist cops.” “Well, it’s teabaggers.” “Well, it’s just a Faux News reporter” “Well, it’s for a good cause.” “Well, the ends justify the means.”

Will this latest example of the fascist inclinations of the hard left be a tipping point? I doubt it. The expected shrug will be “Well, they’re just asshole blog commenters.”

Let me just say this to my many progressive friends: You’re disgracing yourself, and betraying all the good values you think you stand for.

Obama’s Department of Justice has issued grand jury subpoena to force Reason.com to release the identity of commenters who made what the Justice Department claims are threats on the life of a Federal judge. Reason is a libertarian, and as far as I can tell, non-partisan, publication as well as an excellent one, but as you might expect from any source that cares about individual rights, it is very critical of the Obama administration. Not that this had anything to do with it being targeted by the Justice Department—why are you so cynical?

The topic in which these comments occurred is of no interest to me here; you can read about it in the links. The main point to ponder is that this is a frightening abuse of power, government bullying, blatant incompetence and an effort to chill free speech, especially since the Supreme Court last week ruled that a “true threat,” and thus outside the protection of the First Amendment, couldn’t possibly be like the comments in question.  Which of these comments, criticizing a federal judge’s decision against a drug dealer (a lot of Reason’s commenters love their illegal drugs) would you say is a “true threat”? Continue reading →

Now THIS Is A Witch Hunt! The Northwestern-Laura Kipnis Ethics Train Wreck

/ Jack Marshall / 10 Comments

Springfiled mob

I really tried to ignore this ridiculous story. Campus political correctness battles, like examples of public school teacher incompetence ( my head just exploded yesterday, so I refuse to write about THIS), are so common and so self-evidently whacked that the blog could easily be over-run by them. The lower education episodes are more important, I’ve concluded, because the victims are children who still might be saved from indoctrination and a life-wrecking warped concept of how authority should be wielded, and children must be protected from the kind of child abuse a lot of these episodes represent. In the college campus fiascos, much of the time, it is the students who are the initial culprits (remember, they are adults, supposedly), and the administrators are mostly the craven enablers. Initially, I thought this episode was just another example of runaway progressive fascism feeding on itself. And it is, but there is more to it than that.

To briefly summarize…Laura Kipnis is a Professor of Radio, TV and Film at Northwestern University. She wrote an entertaining article in the Chronicle of Higher Education about what she termed the ‘sexual paranoia’ on college campuses, including hers, and delivered observations about how these attitudes were strangling discourse and sane human interaction in society at large.

I wasn’t crazy about the article, because Kipnis, as I might expect from a theater prof, appears to know nothing about ethics at all. Her over-arching position is Old Sixties Berkeley: if it involves sex, chill out. I will bet my head that Kipnis was one of Bill Clinton’s defenders on the grounds that lying about sex isn’t lying, even when it’s under oath, even when it’s on TV, even when it’s to the American people’s face, even when you use your power and high office to support it. It’s sex, and sex is groovy. Who knows, she might also have defended John Edwards, and no, I have not had any respect for people like this since the Nineties. Continue reading →