Tag Archives: appearance of impropriety

Now THIS Is An Incompetent Judge…

The sky’s the limit!

High school  wrestler and football player Logan Michael Osborn, then 18, met a 14-year-old girl at a high school play in April 2017. After the curtain fell, they went for a walk down a secluded path, where Osborn overcame the young woman, tied a belt around her neck and hands, and performed a sex act. Osborn’s defense attorneys argued that it all was consensual, but consensual or not, she was still only 14, making this statutory rape.

In September 2017, Osborn pleaded guilty to sexual assault, saying that his conduct was the result of  “poor judgement.”  The judge sentenced Osborn to 10 years in prison with eight years suspended on his conviction of having carnal knowledge of the girl without use of force, a felony. Osborn also had to register as a sex offender. In January, however,  Chesterfield (Virginia) Circuit Judge T.J. Hauler stayed the  two-year term, saying he wanted to review the case further,and this week, he revealed the result of his review. The entire 10-year sentence is now stayed, meaning that Osborn will receive no prison time at all.

At last week’s hearing, Judge Hauler asked to hear “some positive things” about Osborn so James Trent, a foreman at an electrical company where he now works, commended Osborn’s work ethic and performance, saying that “sky’s the limit” for his future. The negative things? Well, he does appear to be a habitual sexual predator, if that counts. He has been accused of engaging in inappropriate sexual conduct with girls seven previous times, including when he was 12. In that case, Osborn was charged with grabbing the genitals of another student. (The case was dismissed.) Continue reading

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Filed under Ethics Alarms Award Nominee, Ethics Dunces, Gender and Sex, Law & Law Enforcement, Race

Comment Of The Day: “Ick Or Ethics? The Officers’ Coin Flip”

I haven’t posted a Comment of the Day this month, and it’s me, not you. I have a high quality backlog, in fact: my apologies. I’ll be working diligently to catch up.

First in the queue is Arthur in Maine‘s deft reflections on the post about the police officers who flipped a coin to decide whether or not to arrest a reckless driver.  (I tend to think that it is a very well-argued “Everybody does it” rationalization, but never mind…).

Here is his Comment of the Day on the post, Ick Or Ethics? The Officers’ “Coin Flip”:

When I was going to school in Boston, I made my beer money by working in emergency medical services. Part of that work was in a district of the city, and part of it was in the northern suburbs; the latter company was a private concern that had the EMS contract for three contiguous towns and did a boatload of transfer work on top of it. A terrible company, long since sold out, but that’s another story. Suffice to say that I liked the work itself, even if the company itself was lousy.

In that role, I came to know a lot of cops and firefighters really well. They weren’t that different from us, other than the fact that their jobs were a lot more dangerous than ours – and ours were dangerous.

First-response work requires that the teams work in very close proximity with one another, and teams are mostly together for their entire shifts. Depending on the branch, shifts can last between eight hours and 48 (yes, you sleep if there’s nothing going on). Inherent in a smoothly functioning unit in all three first-response disciplines is a good relationship between crew members; partners or teams at odds with each other become a huge problem. If they can, supervisory personnel will usually do their best to ensure that the personnel in a given car or truck get along well. It’s remarkably intimate. Continue reading

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Ick Or Ethics? The Officers’ “Coin Flip”

OK, it wasn’t really a coin flip, as many news sources inaccurately reported. And, true, there is no definitive evidence that the virtual coin flip two police officers allegedly resorted to in order to make the call whether to arrest a reckless driver or not actually was the reason they arrested her. It is even possible that they did the opposite of what the cell phone app told them to do.

Never mind. It’s still an interesting ethics story. I would make it an ethics quiz, except that I am sure of the answer.

Here is the background: In the city of Roswell,  outside of Atlanta on April 7,  Sarah Webb was running late for work. Police saw her go by at what they estimated was over 80 miles an hour, caught up to her, and told her she was diving recklessly, especially since the roads were wet.

She was arrested. Then it came out that this happened, (from the New York Times account):

In the footage of the arrest, the officers can be heard talking about what to do. One said that she had not been able to measure the exact speed of Ms. Webb’s vehicle but had to drive as fast as 90 miles per hour to catch up with her. Then she could be seen pulling out a phone.

“A, head. R, tail,” said one of the officers — A for arrest, or R for release.

“O.K.,” said the other.

Then a sound effect can be heard: a cartoonish chime and click, like a coin flipping and landing.

“This is tail, right?” said one officer.

“Yeah. So, release?” said another.

“23,” came the reply, referring to a police code for an arrest. Ms. Webb was handcuffed moments later.

In the aftermath, the charges were dropped and the officers involved have been suspended, with the police chief saying, “This behavior is not indicative of the hard-working officers of the Roswell Police Department. I have much higher expectations of our police officers and I am appalled that any law enforcement officer would trivialize the decision-making process of something as important as the arrest of a person.” Meanwhile, the reckless driver, in an exhibition that should at least be entered for the 2018 Gall of the Year award, is vocally claiming victimhood, saying, Continue reading

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Morning Ethics Warm-Up, 6/18/2018: Moral Luck, Non-Hypocrisy, Hypocrisy, Thomas Jefferson And WKRP

Good morning, Monticello, everyone…

1 The Inspector General’s Report and Tales of Moral Luck:  Stop me if you’ve heard this one: FBI staffer Peter Strzok, working on both the Hillary Clinton email investigation and the Russian collusion investigation, received a text from Lisa Page, Strzok’s co-worker and adulterous lover, that read, “[Trump’s] not ever going to become president, right? Right?!” Strzok replied, “No. No he won’t. We’ll stop it.”

 September of 2016, the FBI discovered that Clinton’s illicit emails had somehow ended up on the laptop of disgraced former Congressman. Anthony Weiner, who is married to Hillary’s top aide and confidante, Huma Abedin.  Strzok, we learn in Michael Horowitz’s report, was instrumental in  the decision not to pursue the lead, arguing that the Russia investigation was a “higher priority” at the time.”We found this explanation unpersuasive and concerning,” the report concluded. The laptop was available from September 29 until October 27, when “people outside the FBI” finally forced  the FBI to act on the evidence. “The FBI had all the information it needed on September 29 to obtain the search warrant that it did not seek until more than a month later,” the IG report stated. “The FBI’s neglect had potentially far-reaching consequences.”

“Comey told the OIG that, had he known about the laptop in the beginning of October and thought the email review could have been completed before the election, it may have affected his decision to notify Congress,” the IG report says, and also states,

“Under these circumstances, we did not have confidence that Strzok’s decision to prioritize the Russia investigation over follow up on the [Clinton] investigative lead discovered on the Weiner laptop was free from bias.”

Got that? The IG believes that anti-Trump, pro-Hillary bias led Strzok to delay the Weiner laptop investigation, and it may have backfired, helping Trump and hurting Clinton rather than the reverse. But the fact that moral luck took a hand and foiled his intent doesn’t change the fact that this is strong evidence that partisan bias DID infect the Clinton investigation, and probably the Russian inquiry as well. This makes the media’s spin that the IG report dispels accusations of bias even more unconscionable.

That Strzok’s biased and unethical tactics to help Hillary intimately failed spectacularly doesn’t change or mitigate the fact that a prime FBI staff member was intentionally trying yo manipulate the investigation for partisan reasons.

2. The Web thinks you’re an awful person.  A tease from a “sponsored site” in the margins of my NBC Sports baseball feed  says, “Jan Smithers starred in hit sitcom “WKRP in Cincinnati.” Try not to smile when you see what she looks like now!” Wait…what’s that’s supposed to mean? Is she a circus clown? No, these and similar come-ons apparently assume that normal people love mocking formerly beautiful young stars when they no longer look young. “Heh, heh..well, Jan Smithers, I guess you’re not so hot now, are you? What kind of person takes pleasure in the physical decay of others just because they were once gorgeous?

Actually, the photo of Jan Smithers did make me smile, because unlike, say, Jane Fonda,

…who at 80 has allowed plastic surgeons to make her look like one of the fragile immortal female ghouls who shatter into pieces at the end of “Death Becomes Her,” Smithers (who is younger than me and a decade and a half younger than Hanoi Jane) has allowed herself to age naturally, and by my admittedly biased lights, is lovely still: Continue reading

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Father’s Day Morning Warm-Up, 6/17/18: More On The Horowitz Report

Happy Father’s Day, fathers!

(What a shame you all belong to a gender that is such an inferior, toxic, useless and exploitative feature of society!)

I’m sorry that yesterday was so light on content here; I was occupied from early morn to late afternoon at a distant funeral (more on that in a later post), and then sufficient fried after  I arrived home that I couldn’t brink myself to post….especially since virtually nobody reads the blog after about noon on summer Saturdays. And now I am hopelessly backed up…

1. “Trust us because you need to…Ann Althouse made what I consider a perceptive, cynical and provocative observation related to the Inspector General’s report on the Clinton email investigation. She wrote in part,

FBI Attorney 2 was asked what he meant by that “Viva le resistance,” and he said:

“So, this is in reference to an ongoing subject. And then following that, like I interpreted [FBI Attorney 1’s] comment to me as being, you know, just her and I [sic] socially and as friends discussing our particular political views, to which I see that as more of a joking inquiry from her. It’s not something along the lines of where I’m not committed to the U.S. Government. I obviously am and, you know, work to do my job very well and to continue to, to work in that capacity. It’s just the, the lines bled through here just in terms of, of my personal, political view in terms of, of what particular preference I have. But, but that doesn’t have any, any leaning on the way that I, I maintain myself as a professional in the FBI.”

Obviously, he’s just asserting what he must (and what the Executive Summary will also assert) that he has political opinions but they don’t bleed into his work because he is a professional…….It really is a convention to believe that people can do that. You can be cynical or skeptical or just plain realistic and think that’s not how human minds function, but it’s a fiction we actually do need to believe in (at least up to a point) if we are going to put human beings in a position of trust.

The IG said that it showed “extremely poor judgment and a gross lack of professionalism” to use the FBI’s systems and devices to send these messages, because “It is essential that the public have confidence that the work of the FBI is done without bias or appearance of partiality, and that those engaged in it follow the facts and law wherever they may lead and without any agenda or desired result other than to see that justice is done.”

Perhaps in the interest in maintaining what is “essential,” the IG “found no documentary or testimonial evidence directly connecting the political views these employees expressed in their text messages and instant messages to the specific Midyear investigative decisions.” I notice the words “directly” and “no documentary or testimonial evidence.” You can read the report yourself and see the basis for inference and suspicion, but you’re on your own. There’s plenty of evidence that does shake our confidence that the FBI does its work without bias and without any agenda or desired result. But — the IG encourages us to think — it’s also possible to maintain your confidence, so why don’t you do that? Because your confidence is essential!

This is, however, why government employees are forbidden by law to engage in conduct that creates “the appearance of impropriety.” These exchanges obviously did that. Some one like “Attorney 2” can claim that the fact that he hated Trump and supported Hillary had no effect on his required fair and objective performance of the job, but we are asked to believe that on faith. We hear the same thing from defenders of the blatantly biased news media: true, they are 95% Democrats, but they’re professionals! Nay, there’s no bias there! This would be easier to believe if the actual reporting didn’t seem so positive in the direction of those they are biased for, and so negative when dealing with those they are biased against.

Ann calls the presumption of professional objectivity a “convention,” which is another way of saying “myth.” Continue reading

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Governor Greitens And The Unethical Release-Dismissal Tactic

(The gun being held to the signer’s head is out of the frame…)

The resignation of Missouri Governor Eric Greitens (R), a result that appears to have been over-due, deserved, and necessary, also involved a common form of unethical prosecution. The device is called Release-Dismiss, and it looks, smells and feels unethical. Nevertheless, the Supreme Court and most of the states continue to allow it. They shouldn’t.

Greiten’s resignation came as a result of a plea deal after St. Louis Circuit Attorney Kim Gardner agreed to dismiss charges that Greitens tampered with a computer donor list of a veterans’ charity he founded. The deal also included Grietens’ promise not to sue Gardner or her office.

Greitens’  legal fees were over $2 million, he said,  and he could not afford to go to trial on the charges.  Gardner  said  she was confident she had  the evidence required to convict  Greitens. (That’s what they all say.) But the fact remains that the threat of criminal prosecution was used to pressure Greitens into giving up his civil rights.

In a scholarly paper on this maneuver, one authority writes,

A phenomenon exists in the criminal justice world which allows a prosecutor to strike a bargain with a criminal defendant, permitting them both to cut their losses and walk away from a mutually bad situation. On occasions where arrested individuals may have been wronged by public officials in the course of their arrests, prosecutors may legally agree to dismiss defendants’ criminal charges in exchange for releases by the defendants of any civil claims arising from the arrests. The release-dismissal agreement, and variations upon its theme,’ have been the subject of controversy for several years.

Its supporters rely on the obvious efficiency embodied in the situation. Despite this efficiency, such agreements are dangerous, detrimental to the criminal justice system, and against the better interests of society.

I agree. So does Professor Turley, who wrote, Continue reading

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The News Media-“Resistance” Alliance On Ugly Display In The “Spygate” Spin

The revelation that there was a mole, Stefan Halper, planted in his campaign by the FBI, prompted President Donald Trump to demand an investigation into whether the FBI or Justice Department infiltrated his campaign for political purposes.  The “resistance” and the mainstream news media have been in panic mode ever since, and have been actively bad at it. Heaven forbid that journalists could admit that when they mocked the President for suggesting that his campaign was surveilled, they were wrong and he was right.

Scott Adams neatly exposed the hypocrisy and dishonesty, tweeting,

“Four things to understand about SPYGATE: 1) There was no spy in the Trump campaign. 2) The spying that did NOT happen was totally justified. 3) It would be bad for national security to identify the spy who doesn’t exist. 4) His name is Stefan.”

Ann Althouse deserves applause for her analysis as well:

James Clapper was on “The View” yesterday and it went like this:

BEHAR: “So I ask you, was the FBI spying on Trump’s campaign?”

CLAPPER: “No, they were not. They were spying on, a term I don’t particularly like, but on what the Russians were doing. Trying to understand were the Russians infiltrating, trying to gain access, trying to gain leverage or influence which is what they do.”

BEHAR: “Well, why doesn’t [Trump] like that? He should be happy.”

CLAPPER: “He should be.”

Well, Trump seems happy that the word “spying” slipped out of Clapper as he was talking about what the FBI was doing. Clapper obviously knew he slipped, since he immediately tried to (subtly) erase it.

Trump displayed his happiness by tweeting: “‘Trump should be happy that the FBI was SPYING on his campaign’ No, James Clapper, I am not happy. Spying on a campaign would be illegal, and a scandal to boot!” And, talking to reporters: “I mean if you look at Clapper … he sort of admitted that they had spies in the campaign yesterday inadvertently. I hope it’s not true, but it looks like it is.”

Then Ann dissected CNN toady Chris Cillizza’s embarrassing attempt to cover for Trump foe Clapper—which, you know, is not the job of a real journalist, only that of a biased hack: Continue reading

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