Ethics Quote Of The Month: Washington Post Film Critic Ann Hornaday on “Selma”

selma-movie

“How to reconcile facts and feelings, art and fealty to the truth? When filmmakers recall with pride about the deep reporting and research they’ve done for their projects, then they deserve to be held accountable for their projects. For fact-based films, accuracy becomes a formal element, along with acting, design and cinematography. It’s up to each viewer to identify the threshold where artistic license compromises the integrity of the entire endeavor. Cinema has more responsibility in this regard precisely because of its heightened realism, its ability to burrow into our collective consciousness and memory, where the myth has a tendency to overpower settled fact. But viewers have responsibilities, too. If accuracy has become a formal element of historical dramas, then the ensuing fact-checks have become just as integral a part of how we view them. That means it’s incumbent on audiences to engage in a mode of spectatorship that, rather than decide who’s right, can listen to and respect expert critiques, and still open themselves up to a piece of filmed entertainment that speaks to less literal, more universal truths.”

—–Ann Hornaday, Washington Post film critic, on the controversy regarding the counter-factual treatment of President Lydon Johnson in the new film, “Selma.”

The question of whether film makers have an ethical obligation to fairly represent history, and particularly individual historical figures, in their movies has been a topic visited frequently at Ethics Alarms, and I’m not going to re-hash conclusions that have been thoroughly discussed before, such as

…here, regarding the casting of “The Impossible” with a gleamingly light-skinned central family and the changing of the real life heroine from Spanish to British

…here,  discussing complaints that a fictional event was not portrayed accurately in “Noah”

…here, exploring the many falsehoods, some quite despicable, in James Cameron’s “Titanic”

…here, regarding unfair criticism of “Argo”

and here, discussing “Lincoln” screenwriter, playwright Tony Kushner’s inexcusable choice to represent a real life former Congressman voting against the Thirteenth Amendment abolishing slavery when in fact he voted for it.

The conclusion of that last one sums up the lessons of the rest, I think. Kushner’s defense against criticism of the collateral damage his invented facts wreaked was to argue that they were legitimate tactics in the pursuit of drama and “greater truths.” He then compared smearing the reputation of a Congressman, to the detriment of his descendants, to misrepresenting the kinds of socks Lincoln wore. (Kushner can be a brilliant writer, but his ideological utilitarianism is repellant.) I wrote:
Continue reading

President Obama’s Unexpected Legacy: The Deadly Deterioration Of Racial Reconciliation And Trust

Murdered cops

I really hate thinking this, much less writing it.

At this moment, race relations in the United States are in a more precarious and dangerous state than at any time since the 1960s. The arrogance, incompetence, biases, and in some cases intentional political machinations of the nation’s first African American President and his party are substantially and perhaps primarily responsible for this tragedy. This is a catastrophe for the nation and its society, though one that the mainstream media will deny, obscure, or refuse to admit. It is still true.

As we begin December 21, 2014, two NYPD police officers named Rafael Ramos and Wenjian Liu, one white and one Asian, are dead, having been assassinated by a deranged African American criminal who drove from Baltimore to New York in order to put “pigs in a blanket.” He announced his plan with message referencing the deaths of Michael Brown and Eric Garner, as well as “them” and “us”—“us” being black men, “them” being police officers.

You will hear and read Obama/Holder/Sharpton/ De Blasio defenders furiously denying the connection between these politicians’ repeated suggestions that white police officers were profiling black men and often killing them, and the racial hatred currently focused on police. They will say that the killer, Ismaaiyl Brinsley, was insane, and perhaps that he was more likely a lone wolf Islamic terrorist. The journalists  should be reminded that they were immune to such alternative theories when they blamed the Tucson attack that maimed Congresswoman Gaby Giffords on the rhetoric of Rush Limbaugh and Sarah Palin, even though the shooter in that case had no smoking hashtags that indicated any motivation other than insanity.

Ironically, their arguments apply fairly now, when they did not then. Re-read Paul Krugman’s infamous column from 2011, substituting the “climate of hate” he attributed to attacks on big government by conservatives (because, like the Michigan professor who authored this, Krugman doesn’t regard what he and other liberals express as hate, just well-earned contempt) with the real and deadly racial distrust and suspicion nurtured by the rhetoric of black leaders, progressive pundits, and others, suggesting that young, black men are being hunted down and killed for the crime of being black. Krugman won’t make that argument now, but if he had any integrity or objectivity, he would.

President Obama, elected on the promise that he would bring the races together, lit the long fuse for this unfolding disaster for our democracy in July of 2009, less than a year into his first term. A prominent African American professor, Henry Lewis Gates, Jr., acted like a jerk to a white Cambridge, Mass. police officer responding to a call, and was arrested for disturbing the peace. Obama, in the first of his many unethical pronouncements that interfered with local matters completely unrelated to his job, made public comments suggesting that Gates was treated unjustly because of his race. The facts indicated that Obama had impugned the character of not only a model police officer, but one recognized for extraordinary sensitivity in the area of black community relations. There was no public apology from Obama, however, and the fuse was lit. Continue reading

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

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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

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.

 

Update On “The Hitching Post,” The For-Profit Chapel Being Required To Hold Same-Sex Weddings

Emily Litella

“Never mind!”

From NPR in Boise:

The city of Coeur d’Alene, Idaho, says the Hitching Post, a for-profit wedding chapel owned by two ministers, doesn’t have to perform same-sex marriages.The city has been embroiled in controversy ever since the owners of the Hitching Post sued the city. They say a city anti-discrimination law threatened to force them to marry same-sex couples now that gay marriage is legal in Idaho…Initially, the city said its anti-discrimination law did apply to the Hitching Post, since it is a commercial business. Earlier this week, Coeur d’Alene city attorney Mike Gridley sent a letter to the Knapps’ attorneys at the Alliance Defending Freedom saying the Hitching Post would have to become a not-for-profit to be exempt.

But Gridley said after further review, he determined the ordinance doesn’t specify non-profit or for-profit. “After we’ve looked at this some more, we have come to the conclusion they would be exempt from our ordinance because they are a religious corporation,” Gridley explained.

…Leo Morales of the ACLU of Idaho said the exemption makes sense as long as the Hitching Post primarily performs religious ceremonies. “However, if they do non-religious ceremonies as well, they would be violating the anti-discrimination ordinance,” Morales said. “It’s the religious activity that’s being protected.”

…The group that helped create Coeur d’Alene’s anti-discrimination ordinance says the Hitching Post shouldn’t have to perform same-sex marriages. The Kootenai County Task Force on Human Relations says in a letter to the mayor and city council that the Knapps fall under the religious exemption in the law.

In other words, the result is as I said it would be, and as Professor Volokh opined that it should be.

The ethical thing, of course, would be for the Knapps to treat same sex couples as the loving human beings they are and marry them like they do any other loving couples. But when it comes to administering a religious ceremony, the State cannot force the Knapps to do what their beliefs don’t permit. Meanwhile, that’s some legal talent they are hiring in Idaho. “But Gridley said after further review, he determined the ordinance doesn’t specify non-profit or for-profit.” Upon further review? I’d think the city’s attorney would actually read the applicable statute before threatening a business and its owners without cause.

Oh, Mike? Upon further review, the Constitution doesn’t specify non-profit or for-profit either. But thanks for causing a thoroughly unnecessary controversy based on knee-jerk political correctness and sloppiness. Unless… you knew your theory was garbage all along, and were trying to bluff the Knapps into doing what you felt was the right thing, and their constitutionally guaranteed rights be damned. You wouldn’t do that, would you? I hope not. It would be unethical.

 

On Forced Acceptance Of Same-Sex Marriage: The Slippery Slope Stops Here

Hitching-Post-Idaho

Donald and Evelyn Knapp, pictured above, are ordained ministers who conduct weddings at their for-profit chapel in Coeur d’Alene, Idaho, called “The Hitching Post.” After this year’s ruling by an Idaho federal judge that the state had to recognize  same-sex weddings, a City of Couer d’Alene deputy city attorney went on  local TV to say that for-profit wedding chapels could not legally turn away a gay couple without risking a misdemeanor citation. The Hitching Post, he noted, “would probably be considered a place of public accommodation that would be subject to the ordinance.” The Knapps say the the City Attorney’s office has made the same assertion in telephone conversations with them.

Now, the Volokh Conspiracy reports, the Knapps have moved for a temporary restraining order, arguing that applying the anti-discrimination ordinance to them would be unconstitutional and would also violate Idaho’s Religious Freedom Restoration Act.

They have to win. As Professor Volokh, a First Amendment authority of fame and renown, explains, Continue reading

Cruel Activism: The Gay Rights Attack On Cynthia and Robert Gifford

The-Gifford-Barn-in-Schaghticoke-NY

It is said that close cases make bad law, and they often make bad ethics too. Legally, the culpability of Cynthia and Robert Gifford is not at all certain. Ethically, however, as right as they may be on the law, the conduct of their persecutors, same-sex couple Jennifer McCarthy and Melisa Erwin, has been unnecessary, without compassion, vindictive and cruel.

The Giffords are active Christians who own Liberty Ridge Farm, located in Schaghticoke in upstate New York. They supplement the farm’s revenue with attractions designed for kids and families, including a pumpkin patch, a corn stalk maze and a rustic barn for parties and weddings. That rustic barn has three stories. The Giffords reside on the top floor, with the bottom floor designed for events, and the second floor consisting of rooms for activities relating to their preparation and management.

When Cynthia Gifford received a phone call from Melissa McCarthy inquiring about having her wedding at the farm, Cynthia invited her to visit and assess the venue.In the follow-up phone call, McCarthy revealed for the first time that the affair would be a same-sex wedding. Cynthia explained that the family’s faith held that marriages can only be a union of a man and a woman, so they did not make their farm available for ceremonies. She said, however, that the couple was welcome to hold the wedding reception there.

Apparently expecting this response, Jennifer and Melissa surreptitiously recorded the phone call. Armed with the recording, they contacted the New York Civil Liberties Union who immediately filed a discrimination lawsuit against the Giffords on their behalf.

The Giffords argue that this was not a matter of discrimination, but religious practice. They had hosted events for gay clients before, and employed gays. “The Giffords’ objection was to hosting and participating in the wedding ceremony itself and not to providing service in general to lesbians,” their lawyer said.

They lost. Bronx administrative Law Judge Migdalia Pares rejected Giffords’ claim that the farm, which is also their home, is not a place of public accommodation and is therefore not subject to the anti-discrimination provisions of New York’s Human Rights Law. She ruled that Liberty Ridge qualifies as a public accommodation because it regularly collects fees for space, facilities, services and meals, so it cannot be considered “distinctly private.”  The fact that the Giffords reside at Gifford Barn does not render it private. The Giffords were ordered to pay $13,000 in fines and restitution.

The Giffords are appealing.

The Giffords, according to the judge, “unlawfully discriminated against complainants solely on the basis of their sexual orientation.” Another way of looking at it is that Jennifer and Melissa, now married, discriminated against the Giffords solely on the basis of their religious beliefs. Why couldn’t they agree to respect the Giffords’ religious beliefs, and use the property for the wedding reception only, having the actual ceremony elsewhere? Would that really be such a hardship, or a compromise in principles? Indeed, if the nation and committed progressives really aspire to tolerance, diversity and mutual compassion and understanding, why wouldn’t that be the ethical, desirable, reasonable compromise?

I know the response to that question, of course. This was a matter of principle. This would send a message. Crushing the Giffords was necessary to show that all opposition to same sex marriage would eventually be crushed under the advance of history. Never mind that these were not anti-gay bigots, and that they have as much right to practice their faith as a lesbian couple has a right to wed. This is a zero sum game, apparently. Besides the law—probably–supports McCarthy and Erwin.

I think the actions of Jennifer McCarthy and Melisa Erwin violate the Second Niggardly Principle, which is a rule of kindness, compromise and common sense. It holds…

“When an individual or group can accomplish its legitimate objectives without engaging in speech or conduct that will offend individuals whose basis for the supposed offense is emotional, mistaken or ignorant, but is not malicious and is based on well-established impulses of human nature, it is unethical to intentionally engage in such speech or conduct.”

The couple’s legitimate objectives in this case were to get married and celebrate the marriage in an attractive venue. I don’t think setting out to punish a couple for belonging to a religion that doesn’t accept same sex marriage is a legitimate objective, nor is turning their lives upside down, nor forcing them into the maw of litigation to bend them to their will. Does the gay rights movement really feel that all those who have not yet accepted the justice and inevitability of same-sex marriage must be exposed and made to suffer? It seems that this is McCarthy and  Erwin believe, and what this case will come to stand for.

If so, I think the story of the Giffords will do more harm than good, hardening opposition, confirming suspicion, undermining trust and ultimately making acceptance for gay couples harder, however it turns out in the courts. Just because you have the law on your side doesn’t mean you have to use it when doing so involves unnecessary harm to others. Gays want compassion, kindness, tolerance and fairness. It would help if they showed a willingness to give as well as receive.

______________________
Pointer: Steven Mark Pilling

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

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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 Third Circuit Rejects Judicial Immunity In The Case Of An Unethical One Man Justice System

crazy-judgeAs I predicted at the time, many readers became upset at the spectacle of judges declaring other, clearly unethical judges immune from civil suit as a result of the judicial immunity doctrine. They will be cheered, then, by this unusual decision by the Third Circuit in a decidedly odd case out of New Jersey.

The Third U.S. Circuit Court of Appeals ruled that a civil rights suit could process against Municipal Judge Louis DiLeo of Linden, New Jersey, who was not reappointed to his post after the incident sparking the action. The lower court judge had denied DiLeo’s motions to dismiss on the grounds of absolute judicial immunity  the 3rd Circuit agreed, saying that the plaintiff had made  a plausible claim that DiLeo’s actions “went beyond legal error, such that he was no longer functioning in his judicial capacity,” the appeals court said in the its opinion . Continue reading