Morning Ethics Warm-up: 8/17/17

Good Morning!

1. I got back late last night from my pilgrimage to say thanks to the Impossible Dream team, and now I’m on my way out to teach an ethics seminar for D.C. government attorneys. I haven’t caught up with the comments yet; I’m sorry. Things should be back to normal hear by this afternoon. Here are the surviving members of that 1967 Red Sox team that changed my life:

Incredibly, the Red Sox barely promoted the event, and had no memorabilia, not even a T-shirt, available at the souvenir stands. I asked one of the sales people, who said the team had given them nothing, figuring that the typical fan was too young to remember or care.

And people wonder why I object to tearing down statues…

2. …which the unethical Mayor of Baltimore ordered to be done yesterday in the dead of night. From the Times:

It was “in the best interest of my city,” Mayor Catherine Pugh said Wednesday, as she explained why she ordered Confederate monuments removed under the cover of darkness, days after violence broke out during a rally against the removal of a similar monument in neighboring Virginia.

“I said with the climate of this nation,” Ms. Pugh said later, “that I think it’s very important that we move quickly and quietly.”

With no immediate public notice, no fund-raising, and no plan for a permanent location for the monuments once they had been excised — all things city officials once believed they would need — the mayor watched in the wee hours on Wednesday as contractors with cranes protected by a contingent of police officers lifted the monuments from their pedestals and rolled them away on flatbed trucks…

David Goldfield, a professor of history who studies Confederate symbols at the University of North Carolina at Charlotte, said the removal of the monuments in Baltimore was likely to be part of a “rolling cascade” of cities and states ridding themselves of, or at least relocating, similar statues.

”You’re going to see another wave of these removals.” Mr. Goldfield said. “The fact that it’s done fairly expeditiously is not surprising because if you do it quickly the opposition can’t build up, and the confrontations that we’ve had, not only in Charlottesville but elsewhere, will not materialize.”

By all means, move quickly and without notice or due process so lawful protests and expressions of public opinion “can’t build up.” “It was in the best interests” is such a versatile rationalization for unilateral government action.

Democracies don’t undertake controversial actions in the night. Dictatorships do. Pugh and others nascent fascist of the left are as responsible for “the climate of this nation” as much or more than anyone else, and now want to exploit the dangers of that climate to stifle dissent.

Perfect. Continue reading

Morning Ethics Warm-Up: 8/6/17 [UPDATED]

 

CORRECTION: somehow, and I have no idea why, this somehow was posted with “Comment of the Day” in the headline. And because today has been marred by illness and unexpected events, I didn’t see the mistake until 7:43 PM. I’m sorry for the confusion. I need a vacation.

1. Continuing my informal survey of the Trump Hate obsession at the New York Times,  the trend I noticed last week in the flagship for “the resistance” on the Times staff, the Sunday Times Review section, continued dramatically. Is this evidence that Times readers are finally getting sick of the paper’s unethical obsession? Time will tell. There was just one Trump Hate piece in the ten page section, out of 16 separate essays and op-eds. (A professor of anti-American studies has an essay that attacks all Trump voters and supporters as racists. Should this count? Nah. If you’re not a Democrat, you’re a racist, that’s all. It isn’t about Trump.) Oh, one of the editorials was questioning the Trump policy approach, but that’s within the normal range of newspaper editorials. The one hate essay was borderline, Maureen Dowd being snarky about the Russia investigation. She’s more of a humor writer than a true pundit, inclined to go where the most laughs lie, and her last paragraph was so, so dumb that it effectively discredited anything else she wrote, or will write, really. Dowd wrote,

“On Thursday, the president pout-tweeted that it was Congress’s fault that “our relationship with Russia is at an all-time & very dangerous low.” So he was blaming lawmakers who punished Russia for a cyberattack on our election rather than blaming Russia for sticking a saber in the heart of our democracy.”

Right, Maureen: Russia letting the American public know that the Democratic Party rigged its nomination, that Barack Obama knew about Hillary Clinton’s breaching her own department’s cyber-security requirements, that the Democratic Party’s candidate was running illegal pay-to-play shakedowns of foreign governments to fill the Clinton Foundation coffers (and her husband pockets), that reporters were colluding with her campaign to make certain she was elected, and that the DNC chair used her CNN position to help Hillary cheat in a debate stuck a saber in our democracy. In other words, Russia stuck a saber in our democracy by uncovering genuine evidence that the Democratic Party and Hillary Clinton had stuck multiple sabers in our democracy. I have actually described the “Russian interference” almost exactly this way to die-hard Hillary-ites, and they see nothing amiss with that analysis.

Or was Maureen just making another joke?

2. Some NFL players are now speaking up, protesting that free agent quarterback Colin Kaepernick is being “blackballed” by NFL owners because of his ridiculous anti-National Anthem stunt last season while playing for San Francisco. “Blackballed” implies something unethical and subterranean. We all know why Kaepernick hasn’t been hired: a) he’s not very good and b) he can’t be trusted not to embarrass his team and annoy fans by creating racially divisive (and incoherent) political theater on the field.

Does this “chill” his political speech? All of our political speech is “chilled” to the extent that when we speak out about controversial matters while representing our employers, we risk losing out jobs.  If the NFL put pressure on the teams not to hire this jerk, that would  raise ethical and legal issues, but why would they have to? He was a disruptive employee who wasn’t good enough to get the unethical benefits of the King’s Pass. No team in its right mind would pay millions to Kaepernick. Indeed, teams have an obligation not to. Their job is to win games, make money, and entertain fans. Keapernick undermines all three objectives. Continue reading

“The Keepers,” The Catholic Church, And Bishop Fulton J. Sheen

I began watching Netflix’s new “true crime” series “The Keepers” last night. I may not last through all seven episodes. In addition to the documentary story-telling methodology, which moves at the pace of a slug-race, the story of how unsolved murder of a Baltimore nun might  be part of  (yet another) horrific cover-up by the Catholic Church made me so angry and frustrated that I quit in the middle of the third episode. The series makes the case that the nun, Sister Catherine “Cathy” Cesnik, was killed because she was about  to reveal ongoing sexual abuse of young teenage girls by the priest running the Archbishop Keough High School for girls.

The abuse and the extent of it is not speculation. As in so many other places, the Catholic Church in Baltimore eventually paid millions in damages to multiple victims of multiple predator priests who the Church moved around the  region—so they could molest and assault new victims—rather than handing them over to law enforcement. It is hard to imagine any priest worse than Father Joseph Maskell, however, if even some of the allegations against him are true. Victims say he used student files and illicit police connections to target teenage girls who were already being sexually abused. He manipulated them using a sick combination of religion, guilt, hypnotism and intimidation, sexually abused them, and even delivered some over to members of the Baltimore police department for more abuse.

The documentary focuses on the school’s Class of ’69, though there must have been equally abused girls before and after. The conspiracy of silence began to crack in 1992, when an especially  victimized member of the class suddenly realized that she had repressed memories of horrible experiences, and finally complained to the Baltimore Archdiocese, setting off the kind of despicable Church defensive strategies too familiar to anyone who has seen “Spotlight.”

This documentary isn’t good for my state of mind. It makes me wonder not only if all is lost, but also if all wasn’t lost long ago. I was raised in a largely Catholic community. I am not religious, but as an ethicist I recognize the important, civilizing role religion has played in teaching and enforcing moral principles for the majority of the public for whom ethical analysis is too challenging. Episodes like the Father Maskell scandal raise questions that I rebuke myself for asking, like “How can this be?” “Jane Doe,” the star witness in the documentary, is still a devout Catholic. Her immediate response to every dilemma is to pray. I don’t get it. She was savaged, threatened and abused by a priest that she knows the Church allowed to prey on the vulnerable students entrusted to him. Why would she still trust the Catholic Church?

Why would anyone? Continue reading

From The Ethics Alarms Mail Bag: “Does It Matter If A Lawyer Is A Neo-Nazi?”

"Anyone who would hire this lawyer is evil! EVIL!!!"

“Anyone who would hire this lawyer is evil! EVIL!!!”

“…What if he’s hired for a government job?”

This is a great question, and I’m going to bedevil the lawyers in my upcoming ethics seminars with it. It’s not a hard question, though.

The answer is, “No, it doesn’t matter, just as it doesn’t matter if the lawyer is a Republican, a vegan, a libertarian, a creationist, a global warming denier, an Adam Sandler fan, a Donald Trump loyalist, a Muslim, an ISIS sympathizer, a Druid, a Celine Dion worshiper, a New York Yankee fan or anything else. Lawyers have First Amendment rights. Lawyers can think what they want to, believe what they want to, donate where they want to and spout whatever unpopular or offensive opinions they want to, as long as it doesn’t interfere with their representation of their clients.

What prompted the question was this post on the Southern Poverty Law Center (SPLC) website, which attempts to use guilt by association and classic McCarthyism tactics to smear the City of Baltimore because of what the lawyer defending it in a law suit believes. The SPLC—which itself often resembles a hate group–writes, Continue reading

Comment Of The Day: “Sarcasm-Tainted Observations On The Milwaukee Riots”

Milwaukee rioting

Chris Marschner, a grandmaster of the Ethics Alarms Comment of the Day feature, issued another deserving one with his thoughts on the Milwaukee riots. It is a highlight of the threads generated by this topic, but there are many other highlights amid the 90+ comments, including an Alamo-like stand against overwhelming odds (and logic) by that prolific, embattled, and adamant EA progressive, deery. The whole discussion is well worth reading. Deery also authored the comment that inspired Chris’s response below.

Here is his Comment of the Day on the post, “Sarcasm-Tainted Observations On The Milwaukee Riots”:

For the life of me I cannot see how any rational human being can justify rioting and the looting businesses because they feel they are owed something for being “oppressed”. What the hell did the gas station or auto parts store do to them? Does that case of Cheezits being carried out of the store address all of your complaints, or is it just a partial down payment on a never ending invoice for the injustice you perceive? Sorry I have no sympathy for anyone who had myriad opportunities to become educated in a manner that would permit them to read, write, perform arithmetic calculations, and just plain think.

No amount of funding can overcome community apathy. Especially, when apathy is the root cause of the need for funding in the first place. The community needs to recognize that if it wants things to be different then it needs to come to grips with the idea that they must take on the lion’s share of the work to enjoy a better life; it cannot be bestowed upon them. It must pool its own resources first before it requests resources from others. It must demonstrate that it is committed to being responsible for the work of changing the situation. Any one who thinks jobs and opportunities will simply emerge with more government spending in areas that suggest crime is rampant needs his/her head examined. No amount of tax abatement will overcome the cost of rebuilding a business that has been burned to the ground. It should be noted that the police did not spray paint tags all over other people’s buildings. It’s not urban art, it’s vandalism. The police did not create the need for security grates over the glass windows of shops. The police did not throw litter all over the street and dump furniture and tires wherever they pleased. More importantly, within the BCPD, the officers charged with various felonies while on the force were predominantly non-white so it not always a racial issue.

I grew up in Baltimore City. I lived there from 1956-1989. I went to Balto. City public schools (BCPS). I went to Woodbourne Jr. High and graduated from Northern High in 1974. Both schools were integrated and each had its share of bad actors be they white or black. In those days black parents wanted to keep their kids away from the “element”. I don’t think that is the case today. Today we celebrate the gangsta persona.

I was neither a star pupil nor a bad student. What I did learn from my father was that college was not something I could ask for help with and no school counselor ever suggested that I consider college. I saw the battles my older brother went through to get him to fill out the financial information on the financial aid applications. My father hated to disclose his income. Perhaps it was because he felt inferior to what others made or maybe he just did not like the idea of getting government assistance. I don’t know. I just learned not to ask about college. To this day I don’t remember either parent talking to me about college except for when I was in 8th grade and I could not pass the foreign language class which was required for college prep.

I did not go to college immediately after high school. Ironically, both my parents were Baltimore City Public School teachers for much of their lives. My mother who taught English was known as that white honky bitch at Northern Parkway Junior High. That’s what the parents called her when she called them to discuss a student’s lack of progress. She got called that a lot. I saw the tears of frustration.

Continue reading

Leading Candidate For Most Unethical Opinion Column Of 2016: Daily Beast Editor Goldie Taylor

Ox-Bow-still-3

How a major U.S. news and public affairs website can produce an article like Daily Beast Editor-At-Large Goldie Taylor’s is a fertile subject for inquiry, as is the question of how much the ignorant, un-American, values-warping assertions it contains are reinforced throughout our rising generations’ education and socialization. Those investigations must wait for another day, when I have the stomach for it.

For now, let’s just consider what Taylor wrote. It is titled “Six Baltimore Cops Killed Freddie Gray. The System Set Them Free,” an unethical headline that kindly warns us regarding the awfulness to come. No, six Baltimore cops did not kill Freddie Gray, as far as we, or the system, knows based on the evidence. That Taylor would state such an unproven and unprovable statement as fact immediately makes her guilty of disinformation, and shows that she is willfully ignorant of the principles of American justice, as well as too hateful and biased to comprehend them. Damn right the system set them free. That’s because in the Freddie Gray cases the system worked spectacularly well, despite the best efforts of an incompetent and biased prosecutor to make it do otherwise.

And that was just the title. The rest is infinitely worse: if you are feeling sturdy, read it all here. If not, the selected highlights (lowlights?) to follow will suffice.

Taylor wrote early on, Continue reading

Marilyn Mosby Secures Her Reputation As One Of The Most Shamelessly Unethical U.S. Prosecutors Of All Time

The other shoe dropped: prosecutors dropped all remaining charges against three Baltimore police officers accused in the arrest and death of Freddie Gray,  following the acquittals of three other officers  by Circuit Judge Barry G. Williams. He was expected to preside over the remaining trials, and, as the Bible says, the writing was on the wall.

Make no mistake: this result was completely and entirely the result of the incompetent, unethical conduct of State’s Attorney Marilyn Mosby, who vaingloriously announced charges against the officers in the immediate wake of rioting in Baltimore, following the dictates of a mob. She did this without sufficient investigation, evidence or, despite the ethical requirements of her office, probable cause. She had the city of Baltimore agree to a large damages settlement for Gray’s family before any of the officers were tried, prejudicing their cases. She spent millions on the prosecutions, and shattered the lives of all six officers, and yet never made a case that justified any of it.

There are more unethical things that a prosecutor can do, and they certainly do them. Some prosecute individuals they know are innocent, which is a bit worse than prosecuting someone who might be guilty because a mob wants blood. Those unethical prosecutors, however, try to cover their tracks. Not Mosby: she’s proud of being unethical, because its the kind of unethical conduct that African-American activists think promotes justice. Justice is when someone pays with their life or liberty if an African American dies, regardless of law or evidence.  That’s the theory, anyway. Continue reading

As The Fourth Officer Charged In Freddie Gray’s Death Is Correctly Acquitted, What Do African Americans Mean By “Accountable”? [ Partially Restored ]

Lt__Brian_Rice

In Baltimore, Circuit Judge Barry G. Williams acquitted Lt. Brian Rice of all charges  related to Freddie Gray’s arrest and death. As he had with two other officers charged in the case (the trial of the third ended in a hung jury), Judge Williams cleared Rice, ruling that the prosecution hadn’t proved its case. This was the result widely predicted by legal ethics, because it was apparent that State’s Attorney Marilyn Mosby had rushed the decision to prosecute and proceeded without sufficient investigation or evidence.

Williams said prosecutors failed to meet their burden of proving the charges against Rice beyond a reasonable doubt, and instead had asked  the court to rely on “presumptions or assumptions.” He said that the court “cannot be swayed by sympathy, prejudice or public opinion.”

The result spurred a predictable response from activists.”So far, nobody’s been guilty for this man’s death,” said protester Dornell Brown. “Nobody’s been held accountable. Verdict after verdict after verdict, they’ve been getting off. Who’s gonna be held accountable for that man’s death?”  “This is a man who had chain of command responsibility for Freddie Gray and so he should be held responsible and accountable for what happened to Freddie Gray,” Brian Dolge, another protester said. Protester Arthur Johnson, who has held a sign outside of each of the four trials of the officers  connected with Gray’s death, said,

“It’s just what I and the community expected. You’ve got an individual that interacts with six other individuals over something trivial and that individual ends up dead and we can’t even get reckless endangerment.”

[ NOTICE: This is all I could recover from the original post, which was up, then disappeared when some glitch crashed it with the last Melania post. More than a thousand words followed, and it was, I think, an important post, but I have neither the time nor the heart to try to reconstruct it. So, with apologies, I will summarize the main points

. I also apologize for the comments to that post, which somehow ended up with Melania, where they now make no sense. I had to delete them. Ugh. This has never happened before. I hope it doesn’t happen again., though because I don’t know why it happened at all, that is just a hope.]

In summation:

1. These statements represent a false definition of accountability and justice. The concept appears to be that any time a black citizen dies at the hands of a police officer without incontrovertible  proof that the citizen was threatening the life of the officer with a deadly weapon, accountability mandates criminal charges, a trial, and a conviction. Anything less is not justice or accountability.

2. This is not American justice, and should not be. No charges should be brought without probable cause and sufficient evidence to convict. No conviction should occur unless a fair trial finds an officer guilty beyond a reasonable doubt.

3. The version of justice and accountability that black activists are promoting is ancient tribal justice, primitive justice based on “an eye for an eye” and vengeance. Unless blood pays for blood, there has been no accountability.

4.  Disgracefully, States Attorney Marilyn Mosby pandered to this dangerous and retrograde version of  accountability and justice, further entrenching it and validating it in Baltimore and the black community nationally.

5. In fact, there has been accountability for the death of  Gray. Baltimore paid a multi-million dollar settlement to Gray’s family for the acts of the city’s employees resulting in Gray’s demise. It is likely that some of the police officers, perhaps all, will face administrative discipline.

6. Why does the African-American community so widely reject the evolved justice system of modern America? Sociologists can argue about that. I believe it is a result of frustration, history, the problem of living in high crime areas, and confirmation bias. There is also great and dangerous ignorance across all segments of the public regarding how the justice system works, and why. Tribal justice, like gang justice, is simple: one of us has dies, so the killer must be punished. The details don’t matter. It takes no knowledge or understanding of jurisprudence to conclude that if “one of us” is hurt or killed, the responsible party has to suffer.

7. There will be no resolution to the current societal divide  and racial distrust until there is a threshold consensus on what accountability and justice means in this society. What has occurred in the Gray trials is justice. The prosecution failed its burden of proof. African Americans benefit from that standards of justice too.

8. Unless some eminent, trusted, respected, persuasive, and influential black leaders have the courage to confront black activists and make them understand that the versions of accountability and justice they are demonstrating for are destructive, divisive and wrong, the police/black and black/white conflicts will become more bitter.

Freddie Gray Prosecution Update: A Law Professor Formally Accuses The Unethical Prosecutor Of Being Unethical

finger-pointing

George Washington Law School Professor John F. Banzhaf III has filed an ethics  complaint against State’s Attorney Marilyn Mosby with Maryland’s Attorney Grievance Commission. Banzhaf accuses Mosby in his 10-page complaint of breaching Maryland’s rules of professional conduct for lawyers, which requires that a prosecutor refrain from prosecuting a charge unless it is supported by probable cause, in her conflicted and incompetent prosecution of six police officers involved in the arrest of Freddie Gray. The complaint also flags Mosby’s improper use of public statements to bias the administration of justice.

Good.

Of course he is right, as I have repeatedly explained here, here, here, here, and here. I assume there have been other complaints before this one, but he has made the issue a high profile one, and that’s excellent news.

Mosby has earned the Mike NiFong treatment: the unethical prosecutor in the Duke Lacrosse rape case was disbarred, briefly jailed, and sued. She is black, female, and a Democrat, and NiFong remains one of the very, very few prosecutors to be punished significantly for unethical conduct. I will be amazed if the commission does anything momentous or sufficient to discourage grandstanding prosecutors like Mosby in the future, even though such prosecutors are willing to ruin lives for political gain.

I hope I am wrong.

(But I’m not.)

It’s Time To Fire And Discipline Marilyn Mosby

Mosby in 2015, ruining lives, pandering to the mob, and undermining justice...

Mosby in 2015, ruining lives, pandering to the mob, and undermining justice…

The third (of six) indicted Baltimore police officer charged in the death of Freddie Gray was acquitted last week, and how the rest of the trials, if they even occur, will play out is now a foregone conclusion. To be fair, this was a forgone conclusion from that moment that Baltimore City Attorney Marilyn Mosby charged the officers a year ago without sufficient justification beyond her own political ambitions, those of her husband (who is now running for mayor), racial bias and a desire to mollify rioters. Most commentators believed the charges were premature, rushed to avoid civic unrest. To say that is really to say that she allowed a mob to dictate to law enforcement. This was unethical, dangerous and despicable then, and remains so today.

If officer Caesar R. Goodson Jr., who drove the police transport van in which Gray suffered the spinal cord injury that killed him, could not be found guilty of intentionally killing Freddie Gray, nobody can. Says the New York Times,

“His acquittal on seven counts leaves the state without any convictions after three trials, in one of the nation’s most closely watched police misconduct cases — and continues to leave open the question of what, exactly, happened to Mr. Gray inside the van….Judge Barry G. Williams, who presided over the Goodson trial, issued the verdicts to a hushed, packed courtroom. He drew no conclusions about exactly when during the van ride Mr. Gray got hurt, saying there were several “equally plausible scenarios.” And he rejected the state’s contention that the officer had given Mr. Gray an intentional “rough ride” and knowingly endangered him by failing to buckle him into the van or provide medical help.” 

The prosecutor isn’t supposed to ruin the lives and careers of presumptively innocent law enforcement officials to try to find out what happened to Freddie Gray. The prosecutor is supposed to investigate until sufficient evidence tells her that a crime was committed, and the she has enough of that evidence to get a legitimate conviction. The three trials have shown that such evidence either doesn’t exist, or was never found. No, we don’t know what killed Freddie Gray, and that’s called “reasonable doubt.” Continue reading