Five Ethics Observations On The US’s Paris March Snub

world-leaders-paris-march

In case you didn’t catch it, more than 40 world leaders joined the start of a Paris march for unity against terrorism and for freedom of speech, linking arms in a demonstration of solidarity. Even Netanyahu and Abbas were there! The Paris march may have included more than 1.6 million marchers before it was done, reportedly the largest demonstration ever. More than three million have now marched across France in response to the deaths of 17 resulting from extremist attacks in Paris last week, beginning with the executions of the staff of the satirical newspaper, “Charlie Hebdo.”

You would expect, and I am sure that the world expected, that the United States of America, reputedly the leader of the free world and the nation that most symbolizes the human right of free speech, would have participated in the event with enthusiasm, conviction, and prominence. But no. President Barack Obama did not come to Paris to join with his fellow world leaders. He did not send Vice President Biden either. Though Attorney General Holder was in Paris, he was not directed to attend the march, and did not.  The United States was only represented by its ambassador, who is not a world leader, and whose job it is to attend routine functions large and small.

Initially the criticism of the obviously intentional snub was muted, with the toadying mainstream news media, as has been its standard operating procedure since 2008, acting and speaking as if there was nothing amiss. Fox News, also as usual, was the exception, but since that network is isolated and pigeon-holed as a reflexive Obama critic “no matter what he does,” this was initially ignored as more right-wing carping. Then, to his great credit, CNN’s Jake Tapper took to Twitter to say  that he was “a little disappointed personally” at the lack of a strong U.S. presence, and in a later statement, escalating to saying that he “was ashamed.” He then wrote in an opinion piece…

“I find it hard to believe that collectively President Obama, Vice President Joe Biden, Secretary of State John Kerry, Secretary of Defense Chuck Hagel, Treasury Secretary Jack Lew and Attorney General Eric Holder — who was actually in France that day for a conference on counterterrorism — just had no time in their schedules on Sunday. Holder had time to do the Sunday shows via satellite but not to show the world that he stood with the people of France?

There was higher-level Obama administration representation on this season’s episodes of “The Good Wife” on CBS.”

Good for Jake Tapper, one of the few relatively objective broadcast journalists who is worthy of public attention and trust. Continue reading

Transparency, Causation, Eggshells, Trust : Seven More Ethics Issues In The Eric Garner Case

jigsaw-puzzle-record

1. There is near unanimity in the response to the non-indictment by the Staten Island jury in the Eric Garner case. In light of the graphic video, it is hard to see how there wasn’t probable cause to indict. The coroner verdict of “homicide” would see to provide sufficient evidence all by itself. However, in the absence of the complete record of what the grand jury heard and saw, nobody can be certain that this was a miscarriage of justice. However, given the context of the case and its deleterious impact on faith in the justice system, that is no solace and scant mitigation. As in Ferguson, it is prudent and essential that the public see what the decision was based upon. It is true that those who are determined to see injustice, bias and racism will do so regardless of what the evidence shows–again, as in Ferguson—but the only evidence that has been made public, the various videos and the officer’s testimony–only makes the non-prosecution more suspicious.

2. Can the non-prosecution be justified? If so, the only reason I can see would be lack of proof of causation. Causation is tricky, and  juries get confused about how to analyze it. Since it is fair to assume Daniel Pantaleo did not intend to kill Eric Garner, the issues are a) whether his actions during the arrest were negligent, and b) whether they were the proximate cause of Garner’s death. That his conduct was negligent is not enough to sustain and indictment—that negligence had to be the reason Garner died. Remember, he was not choked to death. The medical examiner ruled that Garner died from a collection of factors: compression on his chest and throat, the position he was forced into, his obesity, weak heart, and asthma, all causing asphyxia.

  • If Pantaleo’s actions alone would not have caused Garner’s death, then it could be legitimately argued that he was not guilty of a crime. The other officers were given immunity for their testimony, which seems like either a bad decision by the district attorney, or intentional sabotage of the case against Pantaleo’s. If it was the collective action of the police that caused Garner’s death, it would be unjust to make Pantaleo the sole officer punished. If some of the testimony from the unchargeable cops made the case that it was another officer, or several, who really caused Garner’s death, that would explain the no indictment result.

In the widely seen video of the arrest, Pantaleo can be seen with his arm around Garner’s neck as Garner is taken to the ground and for some time thereafter, but in watching the video it’s difficult to determine whether Garner was in fact choked. And if he was, it did not appear it was long enough even to render him unconscious, much less kill him…I saw nothing excessive in the manner in which the officers subdued Garner. He was neither beaten with batons nor even punched. To me, it appeared to be a fairly typical scuffle with a large man who had clearly demonstrated his unwillingness to be arrested peacefully.

He misses the point. The question is whether the take-down was excessive for Garner, not some theoretical average arrestee. It is true that with a normal, healthy subject, what the officers did would not typically cause death….but Garner was obviously not normal, nor healthy. He was morbidly obese, and 350 pound middle-aged people tend to have the kinds of heath issues Garner in fact had. Nobody would argue that an elderly woman or a ten-year old girl or someone in a wheelchair should be manhandled like that. Such treatment was negligent for Eric Garner, and the deadly result could and should have been anticipated.

It is true that the officers couldn’t know that Garner had a weak heart and suffered from asthma, but it doesn’t matter: the rule in negligence is that “you take your victim as you find him.” If your negligence is the proximate cause of someone’s death, the fact that it wouldn’t have caused anyone else’s death is no defense. This is the so-called “Egg-shell Skull” rule.

Garner was an egg-shell perp. Continue reading

Observations on the Eric Garner Non-Indictment

http://www.youtube.com/watch?v=En5linhM7Qo

The New York Times, among others, reports that the Staten Island grand jury has brought no indictment in the Eric Garner case, in which a large African American man resisted arrest and was brought down by multiple cops, as one, Daniel Pantaleo, used a choke hold to restrain him. After saying that he couldn’t breathe, Garner, who was asthmatic, stopped breathing and died

Observations:

1. I haven’t seen all the evidence, and stipulate that there may be some good reason for the non-indictement that I am not aware of. That aside, however, it certainly seems like this case embodies many of the features that were not present in the death of Michael Brown but that the media and activist narrative attributed to it nonetheless. Garner’s case, in contrast, appears to demonstrate an unwillingness of the law enforcement and justice system to hold police officers accountable for the results of excessive force, even when the result is death.

2. Again, absent some significant evidence that has not been made public, I believe that the video of the fatal arrest, the fact that the choke hold tactic is prohibited by police department policy [ Note: I originally wrote that it was illegal; that was in error, and I apologize for the mistake], and the coroner’s verdict that Garner’s death was a homicide should have been sufficient to mandate the grand jury finding probable cause for at least a charge of negligent homicide.

3. This seems like a result worthy of protest. It is one more reason why activists continuing to use Brown’s death as a rallying point is foolish and wrong. For their purposes, it is a weak case. Garner’s is not. Continue reading

Unethical Quote Of The Week: Attorney General Eric Holder

“While the grand jury proceeding in St. Louis County has concluded, the Justice Department’s investigation into the shooting of Michael Brown remains ongoing.  Though we have shared information with local prosecutors during the course of our investigation, the federal inquiry has been independent of the local one from the start, and remains so now.  Even at this mature stage of the investigation, we have avoided prejudging any of the evidence.  And although federal civil rights law imposes a high legal bar in these types of cases, we have resisted forming premature conclusions.”

—-Attorney General Eric Holder’s official statement following the announcement that the grand jury would not be handing down an indictment against Michale Brown’s shooter, Officer Wilson.

Sure, why change now?

Sure, why change now?

Why is this statement so unethical? There are three reasons.

1. The positioning of this statement, at the very beginning of the whole release, suggests and is meant to suggest that Holder and the Justice Department are in sympathy with those who believe that Wilson should be prosecuted. It translates into “Don’t despair! There is still hope! Your black Attorney General is doing all he can to get this racist cop and avenge Mike Brown!” for many who read or heard it, and that was the intent.

2. This is misrepresentation, essentially a lie, designed to mislead. No legal experts believe that there is any chance that the Justice Department will find probable cause to make a civil rights case against Wilson, and Holder is too good a lawyer—or once was—not to know that.  The bar is too high, and the evidence isn’t there, just as it wasn’t there in the equally futile civil rights investigation against George Zimmerman. Most, if not all, of those determined to see Wilson punished don’t comprehend what the investigation of the shooting by Justice signifies, and think it is just a separate chance to get him on trial for murder. Holder, again intentionally, did nothing to enlighten them.

3. To the extent that anyone does believe that the Justice investigation holds out hope of an indictment against Wilson, Holder is setting Brown’s supporters up for a second disappointment, and conceivably setting up Ferguson and the nation for a second round of rioting when the inevitable bad news comes down. Good plan.

What an ethics disaster and a national disgrace Eric Holder has been as Attorney General. And he is clearly determined to be both until the day he walks out of Justice for good….and I do mean “for good.

 

Unbiased and Honest Democrats: Please Explain, In Light Of This, Why Anyone Should Trust This Administration

"Gee. Thanks."

“Gee. Thanks.”

Jonathan Turley informs us:

The Justice Department has previously been held in contempt by Congress and hit with increasingly tough court orders from a federal judge over its obstruction of efforts to secure evidence in the notorious Fast and Furious operation. Many have accused Attorney General Eric Holder of acting blatantly political in withholding documents to protect Democrats from backlash before the elections. As if to prove that view, the Justice Department waited until late on election eve to finally dump more than 64,000 pages of documents congressional lawmakers have been seeking for years. The timing was almost taunting in its impact. Guaranteeing that the content could not be viewed before people voted, the Obama Administration’s long obstruction resulted in this troubling image of a politically timed release….The election eve dump to the House Oversight and Government Reform Committee involved 64,280 pages withheld for years by the Obama Administration.

If you want to read the typical Republican outrage and the routine, “Oh, no, we are just trying to cooperate with this witch hunt” White House response, go here. Ethically, the conduct speaks for itself, however:

1. In litigation, this might  be called discovery abuse. Discovery abuse is unethical. Continue reading

Unethical Website of the Month: Million Hoodies Movement for Justice

Different hoodies, different races, same ethics...

Different hoodies, different races, same ethics…

Million Hoodies Movement for Justice is, in its own way, as racist as “Chimpmania,” and, I would argue, far more harmful.

The Chimpmania racists live on the margins of respectable civilization. They are the direct ideological descendants of those who wore hoods and lynched blacks in the South, but they operate in the shadows. Their hateful words and beliefs are almost universally recognized for what they are, the product of ignorance. The vast majority of Americans of any race or creed would be mortified to be associated with the site, or with anyone who read it.

In contrast, Million Hoodies Movement for Justice projects the sheen of respectability, and aims to advance legitimate, if debatable causes: the elimination of police militarization, and the banning of profiling. It is, however, as racist in its assumptions about whites as Chimpmania is regarding African-Americans, just more subtle. Continue reading

From Ferguson To Fairness, Truth And Justice: Can’t Get There From Here

Cant get there

Hopeless.

The New York Times has leaked details of the forensic evidence and police officer Darren Wilson’s account in the shooting of Michael Brown. This came from that paragon of professionalism, the Justice Department, which wants to make sure that those seeking to burn down Ferguson and lynch Wilson have time to process the fact that a civil rights violation charge against Wilson just isn’t going to happen. Why is this important? Maybe the leak is to cushion the blow and reduce the likelihood of violence. That would be the motive of a non-partisan, race-neutral agency. Maybe Justice wants to make sure African-Americans are angry before the mid-term elections, so they will vote. (Democratic pollsters are telling the party that if blacks stay home, the Republicans are going to win big.)  That. of course, would be unethical.

But so are leaks of federal investigations.

What the leaked information reveals is that there was a scuffle in the car, and Michael Brown, the 300 lb. teen who is always described as unarmed as if this means he was harmless, tried to grab Wilson’s pistol. He was shot in the arm as a result, and his blood was in the car and on Wilson’s gun. This prelude to Brown’s fatal shooting makes any conclusion that he was out to harm Brown because of his race impossible. Of course, it doesn’t prove he wasn’t out to kill a black kid either.

At this point, confirmation bias has completely taken over the Ferguson story, meaning that a combination of factors—police incompetence; a toxic racial culture in the city and region;  the racial distrust carefully nurtured by Democrats, the Obama Administration, and an irresponsible news media; anger and cynicism by non-black, non-race-baiters over the disgraceful George Zimmerman-Trayvon Martin tragedy;  the slanted reporting of Brown’s shooting from the outset, and especially the full commitment of the civil rights establishment to make this incident the centerpiece of an attack on racial profiling and police violence against blacks regardless of whether the facts of the case justify it—now make any fair resolution of the incident impossible. They also guarantee that whatever occurs, the end result will be police anger, more racial division and distrust, and activists continuing to promote a false or misleading narrative as truth, just as in the Zimmerman-Martin debacle. It is hopeless.

We are at this horrible, irredeemable point because…

  • The team of the media, irresponsible black politicians, an unethical prosecutor, despicable grandstanding celebrities and President Obama made a national racial issue out Trayvon Martin’s death, where there were none, and another flash point was deemed to be just what the flagging Democratic election prospects needed.
  • The narrative of a black, young, college-bound, unarmed, “gentle giant” being “executed” in the street merely for “walking while black” by a white cop was widely publicized before facts that complicated the issues arose.
  • The police department in Ferguson, and the region generally, has a well-established record of harassing black citizens, and an environment of mistrust already existed.
  • The department waited an unconscionable amount of time before releasing any facts related to the shooting.
  • The department’s decision to leave Brown’s body lying in the street looked like deliberate disrespect and insensitivity, which it probably was.
  • Demonstrations began based on hearsay accounts of how Brown was killed, representing as fact what were third party accounts, some of which, like those of Brown’s companion, were far from unbiased.
  • The Ferguson police acted like the Chinese government in Tiananmen Square in handling the demonstrations, and gave the media a panorama of images showing white cops abusing black protesters, a la Selma, Alabama,
  • If a white cop shoots a black man, it is presumptively an act of racism in the eyes of many civil rights activists,
  • Attorney General Holder appeared to pick sides in an incident where he was duty-bound to be neutral (but, as he has said, he is a black man first),
  • The Justice Department agreed to investigate the incident for civil rights violations based solely on political expediency, knowing full well that it would not have sufficient evidence for an indictment.

Add to all of the above the fact that  the incident itself was messy and ambiguous, as police shootings often are:

  • Did Brown deserve to be stopped and arrested? Maybe.
  • Was he the angelic, harmful snowflake portrayed by his parents and the media? No.
  • Was he a legitimate threat to Wilson, at least when they struggled in the car? Yes.
  • Did Wilson have reason to fear for his well-being? Well, would you, if a 300 pound guy was trying to get control of a gun in close quarters? Of course.
  • If he had fatally shot Brown in the act of protecting himself in the car, would Wilson be in the clear legally, logically and ethically? Yes.
  • Since Brown’s attempt failed, did he deserve to be shot after he left the car? No.
  • Is it likely that Wilson was upset by the struggle in the car, angry, frightened, and not thinking clearly? Yes.
  • Would that excuse his killing Brown, if Brown were indeed in a surrender pose as some witnesses claim? No.
  • Would it mitigate his guilt? Yes.
  • If Brown, unarmed or not, charged Wilson after the car incident, would Wilson be justified in using deadly force? Probably.

But the activists don’t care, literally don’t care, about any of this. For them, the issue is simple. A white cop in a racist police department shot an unarmed black teen to death, and that means that it was a racially motivated murder.

The police and their mostly conservative defenders also don’t care about the details. Once again, a dedicated public servant who put his life on the line was forced to use deadly force against a dangerous thug who attacked him, and because the cop is white, is being persecuted and unjustly maligned.

Everyone is poised to see what they want to see, believe what supports their biases and agendas, and shout loudly about injustice regardless of what occurs, fertilizing the ground for the next incident they can exploit, along with cynical politicians.

Good job, everybody.

And how exactly does all this make society better?

______________________

Sources: New York Times 1, 2; Fox News

Alleged Fraud And Corruption In Holder’s Justice Department: Why Isn’t This Considered News?

A drunken pumpkin riot! Now THAT'S News!

A drunken pumpkin riot! Now THAT’S News!

Possible answers to the question posed above:

1. Because everyone already knows that the Justice Department is corrupt and Eric Holder is an incompetent political hack.

2. There was a huge pumpkin festival riot in Keane, New Hampshire!

3. The news media is so biased that it will even treat an astounding judicial ruling as a made-up “conservative media” story.

4. It’s just more evidence of how abysmally the Obama administration is being run, and an election is coming up.

5. The world has gone mad.

I think any of them are plausible explanations.

Whichever it is, I guess I am honored to be able to help break some news, as it is not usually an Ethics Alarms function. This story has made it to exactly one news source as I write this, the New York Observor, though a few conservative blogs are noting it. Read the story itself and the links here.

Meanwhile, I’ll summarize:

Two former Assistant United States Attorneys say Holder ‘s Justice Department engaged in deceit and corruption  in pursuing  its litigation against Sierra Pacific Industries, a California lumber company. Responding to the allegations—and remember that false allegations of this magnitude would mean the end of these lawyers legal careers– Federal District Judge Morrison C. England Jr. has ordered the recusal of every federal judge in the Eastern District of California, on the theory that since the court may have been defrauded by the government,  an outside judge is needed to handle the matter to avoid a conflict of interest. Continue reading

If Someone Praises The Job Eric Holder Did As Attorney General, That Tells You All You Need To Know

eric_holder_ap1

Eric Holder was the most political, biased, inept and undemocratic U.S. Attorney General  in at least 70 years, with the  exception of Nixon’s AG, John Mitchell, who went to jail. And the Attorney Generals have been uniformly terrible in this period; being one of the two worst takes talent, determination, broken ethics alarms and wretched judgement.

Those who praise Holder either are doing so without any idea about his record, or because they want the justice system in the United States to be racially and ideologically biased. The results of the latter, which is Holder’s real legacy, can be seen in the rising distrust between races, and the frequent description of Holder as being Obama’s “scandal goalie.”  The latter isn’t completely fair, because the news media has also been the President’s scandal goalie. The proof: few of the mainstream media retrospectives on Holder’s tenure mentioned the Justice Department’s refusal to hold a thorough and open investigation of the still unfolding I.R.S. scandal, which should have, and under any Republican administration, would have, included an independent prosecutor, because the news media would be screaming for one. This abdication of duty and naked partisanship by Holder alone condemns him. Unfortunately, there is a lot more.

You can begin with the “inside baseball” reports that Justice, under his administration, is a confused mess. That’s hardly surprising, for since the President eschews management and oversight, this is the tendency up and down the system. Without well-regulated policies and oversight, partisan meddling flourishes.

I have neither the time nor the energy to detail each and every example of Holder’s toxic racial and partisan biases, or his flat out ineptitude; there are too many to list, and I am sure I don’t know about some whoppers. Never mind: a fraction of the list would have made the resignation of any other Attorney General mandatory and beyond debate.  Holder is black, and this guaranteed that short of setting fire to the Supreme Court, he would only leave when he was ready. That alone is disgusting.

Here are some other Holder achievements:

1. “If Holder had his way, Khalid Sheikh Mohammed, the mastermind of the Sept. 11 terrorist attacks, might now be on death row,” says ABC. This is the media spinning for Holder: his efforts to have the terrorist tried in New York City was when I first realized how out of his depth he was.

In the contentious Congressional hearings on the matter, Holder told the nation that“Failure is not an option. These are cases that have to be won.” “That have to be won”? Failure, as in acquittal, is “not an option”? This was a confession of the muddled, simultaneously alpha and omega false logic that would become a hallmark of Obama World. Holder proclaimed that the world had to see the United States give its enemies a fair trial, then told Congress that the “fair trial” he was proposing was a show trial,  a kangaroo court, in which justice meant a guilty verdict. It was a stupid, stupid thing for any lawyer, much less an Attorney general to say. Tragically, it was no aberration.

2. Holder refused to defend the Defense of Marriage Act, though it was a law passed by Congress and signed  by a Democratic President. I think he should have been impeached for that. Slate, among others, says that he was “vindicated” because the Supreme Court held the law unconstitutional. They didn’t vindicate his refusing to do his job. It is not the prosecutor’s duty to veto laws duly passed by the legislature and signed into law, nor should he have the power to do so. Holder’s precedent took a bite out of the rule of law, and stood for stunning arrogance. He viewed DOMA as a civil rights incursion: gee, what other laws don’t you like, sir? We found out: he didn’t like drug laws, because he sympathized with the poor, black criminals that tended to violate them. His solution? Minimize the penalties, and send the message that abusing illegal drugs was no big deal. Democrats wanted to curry favor with the Hispanic-American voting bloc? Holder was eager to assist by not enforcing the Federal laws, and by doing everything he could to prevent the states from policing illegal immigrants as well. In a system of laws, favoring authorities that pick and choose which to enforce according to their political beliefs is endorsing obstruction over process, and politics over justice.

3. When acting unconstitutionally suited Holder’s partisan masters, however, he would do it. In 2013, the Justice Department  seized Associated Press phone records, and monitored Fox News reporter James Rosen following a story he published in 2009 on Iran.

4. Holder oversaw specious and intellectually dishonest justifications for the U.S. policy of assassinating suspected terrorists without providing them with a trial, and or any evidence that they were planning imminent attacks. By defining the word imminent in the broadest possible way, this advocacy for the elimination of due process equaled the worst deceits of the Bush Torture Memos, the only difference being an official pass from the Obama-enabling press. The policy, basically a license to murder, ensured that assassinations could be carried out against anyone who the U.S. government feared if the person was located on foreign soil and could not be captured.

5. Then there is Operation Fast & Furious, the proof positive that Holder was going to get away with anything and everything. The Bureau of Alcohol, Tobacco, Firearms and Explosives lost an estimated 1,400 weapons in Mexico, among them: two guns that were used to kill U.S. Border Patrol agent Brian Terry in December 2010.  Holder is the supervisor of the ATF, but testified before the House Judiciary Committee that he had only known about the sting named “Operation Fast & Furious,” for a few weeks. Then investigators uncovered memos on Fast & Furious sent to Holder in July 2010. A reasonable conclusion was that Holder had lied under oath. Oh, no, Holder “explained,” he never read the memos. He was incompetent, not culpable. Despite all evidence to the contrary, Holder indignantly denied a DOJ cover-up, saying that“This operation was flawed in concept, as well as in execution,”  and refusing to be held accountable for his own department’s deadly botch. Bolstered by Obama’s assertion of executive privilege, which prevented future prosecution, Holder refused to turn over documents related to the fiasco. Congress held Holder in contempt in June 2012, and he thoroughly deserved it, because the American people had a right to know the extent of the bungling in the highest reaches of the Obama Administration.

6. Although the supporters of Holder claim that his legacy was built on a dedication to civil rights, this was only in the narrow areas where the Democratic Party saw political advantage. He was not concerned, for example, in the civil rights of Americans when the government wanted to use modern surveillance technologies to spy on them. In the 2012 Supreme Court case U.S. v. Jones, Holder’s Justice Department argued that the police did not violate the Fourth Amendment by attaching  GPS devices to cars so they could know where they were going and where they had been, with that evidence used to acquire evidence. incriminate, try and imprison.  The Supreme Court rejected that position unanimously, because it was a mark of a burgeoning police state.

7. When Democrats wanted to create racial divisions, however, to rile up the base, Holder reported for duty. He assisted the unconscionable effort, still ongoing, by Democrats to characterize a responsible and necessary protection of the integrity of the voting process—photo IDs—as a racist plot, though the measure had long ago been approved by liberals, and only recently became stigmatized as “voter suppression.”

8. Holder’s major wound that he inflicted on the nation was his clear intention to project the image of a black Attorney General whose concern was minorities, whose assumption was that whites were the enemy, and whose biases were front and center. An early cue was his department’s abandonment of charges against two New Black Panthers who stood armed outside a Philadelphia polling place. The controversy, assisted by the media, devolved into an argument over whether this was an example of Justice receiving orders from the political Machiavellis in the White House, or just a lousy, bigoted example of “discretion.” A long official investigation found the latter, but either way, the message sent to white Americans was that this Justice Department was not especially interested in protecting their rights. In the Trayvon Martin shooting and the Ferguson episode, two local issues that should not have been his concern, Holder made statements, engaged in gestures and took actions that signaled his allegiance to the black victims, and opposition to the white (or “white Hispanic”) individual accused. He repeatedly spoke collaboratively before Sharpton’s followers, endorsing their diagnoses of a racist nation, and, by extension, a white population aligned against African Americans. Especially revolting was his repeated attempts to duck legitimate accountability for, you know, being terrible at his job, by race-baiting, such as when he explained Congressional criticism of his handling of Fast & Furious—a career-ender for any white Attorney General, or an appointee of any President who believed in accountability, by saying in 2011…

“This is a way to get at the president because of the way I can be identified with him, both due to the nature of our relationship and, you know, the fact that we’re both African-American.”

It shouldn’t have to be said, but I’ll say it anyway: the job of Attorney General, like the job of President, must be, and must be seen as being, absolutely neutral regarding race. Holder intentionally projected himself as an AG who cared more about minorities than non-minorities, increasing distrust, undermining respect in the justice system, and dividing the nation.

9. Not that he wasn’t feckless and incompetent too: for example, Holder’s Justice Department, almost certainly to ensure later campaign support, allowed multiple corporate criminals to escape serious punishment. For example, the Justice Deportment made a ridiculous plea deal to allow Halliburton executives to avoid jail time after they destroyed evidence of their culpability in the Deepwater Horizon oil spill. The company agreed to pay the maximum allowable fine of $200,000, accepted  a three-year probation;  continued its cooperation with the government’s criminal investigation (which it had to anyway), and  made a voluntary contribution of $55 million to the National Fish and Wildlife Foundation to clean off those oil-covered sea birds and otters. It could do this with the confidence that hard-core Democrats, being total hypocrites, would still attack the Republican party as a cadre of soulless corporate fat cats and insist that any criticism of Holder’s Justice Department and his boss’s administration was rooted in racism.

And again, the amazing thing is: That’s not all.

Any politician, elected official, pundit, columnist, civil rights leader or President who declares that Eric Holder was a wonderful public servant and a great American is telling you one of three things, or all of them:

  • They are liars.
  • They don’t know anything about Eric Holder, or
  • They believe the integrity of the nation’s laws should be warped and the public trust should be forfeited for a race-based, partisan agenda.

I don’t know about you, but I’ll be taking names.

The Double Standard Files

double-standardsA misguided commenter (or perhaps he was just trying to annoy me) challenged my assertions regarding Michael Sam by claiming that I was advocating a double standard in his case, while I have condemned the prevalence of double standards elsewhere on Ethics Alarms (like here.)  I pointed out, none too gently, I must admit, that this was an unjust complaint. The requirement that trailblazers in sports, politics or any other field have to either establish high levels of performance, character and trustworthiness or fail—and not only fail, but set their causes back significantly—is not a double standard, but a separate one that applies in unique circumstances. I find it difficult to believe that most people fail to understand this.

Just to be clear, however, I began this morning searching the news for true double standards, for which the accompanying word should always be “hypocrisy.” I did not have to look very far:

 Double Standard #1 

“Take back America”: Racist for Republicans, Fine for Democrats Continue reading