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

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

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

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

Woodchipper foot

 

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

obama shhhh

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

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

Our Unethical Justice Department’s Attack on Reason

Reason

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

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

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

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

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

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

The Sixth Annual Ethics Alarms Awards: The Worst of Ethics 2014 (Part 1)

Cosby3

2014 was the year of the Ethics Train Wreck. They were coming so fast that they were getting tangled up with each other, and old wrecks from past years started rolling again, or the damage that was triggered a year ago or more started kicking in. I don’t know if every year really is more ethics free than the year before, or that it just feels that way because I’m getting better at sniffing it out. By any standards, it was a wretched year, with epic ethical misconduct across the culture. But I can’t stall any more: let’s wade into it. There will be more installments this year, so the misery is coming in smaller bites. You’re welcome.

Ethics Train Wreck of the Year

trainwreck

It’s a tie!

The Ferguson Ethics Train Wreck and The Obama Administration Ethics Train Wreck

The obvious winner is the Ferguson Ethics Train Wreck, which has managed to hook up with the 2012 winner, The Trayvon Martin- George Zimmerman Ethics Train Wreck, as well as a the sub-EthicsTrain Wreck attached to the death of Eric Garner, to further degrade U.S. race relations, undermine the stability of numerous cities, get several people, including the recently assassinated NYC police officers killed, revive race riots, give vile demagogue Al Sharpton unprecedented power and influence, and pick up such distinguished riders as President Obama,  Missouri Governor Jay Nixon, New York Mayor de Blasio. It is also still barreling along at top speed after many months, and is a good bet to continue its carnage well into 2015. 

Yet, it became clear to me this summer with this post that the entire Obama Administration has become an Ethics Train Wreck, and one that is neck-and-neck with the one spawned in Ferguson in threatening short and long-term damage. Incompetence, dishonestly, lack of transparency and arrogance have hardened cynicism in the public, corrupted the ethical values of defenders, let journalists to disgrace themselves, and fertilized festering potential disasters internationally and domestically. This is also, I now see, a wreck of long duration that started in 2009, and had gathered momentum with every year. It also has sparked other wrecks, including the one that now keeps it from being the sole 2014 winner. How much damage will The Obama Administration Ethics Train Wreck do in 2015? Which agency or department will prove itself to be corrupt, incompetent and mismanaged, which official will continue in a post after proving himself unfit to serve, which inept pronouncement or abuse of power will further degrade American trust and freedom?

I’m not looking forward to learning the answers.

Fraud of the Year

The U.S. Justice Department, which allegedly participated in a plot to force  Sierra Pacific Industries and other defendants  to pay $55 million to the United States over a period of five years and transfer 22,500 acres of land as settlement of charges brought against the company by DOJ for causing a 2007 wildfire that destroyed 65,000 acres of land in California. Naturally, the national news media has barely covered this scandal, which is still in litigation. Runner Up: The Victoria Wilcher scam, which made KFC pay for plastic surgery for a little girl when there was no evidence that the company was in any way involved with her injuries. After the fraud was discovered, it didn’t dare ask for its money back. Well played, fraudsters! 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

Ethics Quiz: Blaming the Messenger

"Hey, I just deliver the boxcar contents to someplace called "Aushwitz." It's not my business what's in them..."

“Hey, I just deliver the boxcar contents to someplace called “Aushwitz.” It’s not my business what’s in them…”

In 2013, the United Parcel Service Inc  agreed to forfeit $40 million in fees that it had received from illegal internet pharmacies shipping bootleg prescription drugs using UPS services, in exchange for a non-prosecution agreement with the U.S. Department of Justice. UPS also agreed to put policies and procedures in place to prevent illegal online pharmacies from distributing drugs through its shipping services in the future. Naturally, the faux pharmacies moved over to FedEx, and when that shipping service refused to cut a similar deal with DOJ under threat of prosecution, the government persuaded a Federal grand jury to indict the company for delivering drugs associated with internet pharmacies, and thus being a willing party to a criminal enterprise.

Now many are cheering FedEx as, in essence, an ethics hero for refusing to knuckle under to the government and accept responsibility where it has none. There are two arguments against the government’s prosecution of FedEx. One is that its natural result would be to require shipping companies to open every parcel and be certain that nothing illegal is inside. The other is that trying to eradicate crime and other misconduct by creating secondary service liability is inherently unjust. By pressuring credit card companies  to refuse payments to companies the government regards as breaking the law, for example, alleged illegal enterprises can be put out of business without the government having to meet its burden of proof to show they really are breaking the law. If the government can intimidate carrying companies into refusing the business of illegal pharmacies, then the illegal pharmacies never have to be prosecuted. There is a third argument, but it is irrelevant: that the government shouldn’t be prosecuting the crime of providing prescription drugs over the internet at all.  This is an entirely different and separate issue: The point is that the shipments are illegal now, and FedEx is facilitating them.

Your Ethics Alarms Ethics Quiz to begin what I sense will be a busy ethics week is…

Is FedEx an Ethics Hero?

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Ethics Quote Of The Week: Prof. Glenn Reynolds

 

Obama float

“To even investigate something like that is itself a civil rights violation.”

—-Prof. Glenn Reynolds, the “Instapundit, commenting on the news that the Department of Justice is investigating as a possible civil rights violation the anti-Obama float that appeared in a Nebraska Independence Day parade.

He is correct. This is government intimidation and an attempt to chill political speech. The float was crude and its sentiment was misplaced, but sending government agents to investigate it is indistinguishable from sending the FBI to knock on your door after your letter to the editor  critical of the President appears in the paper.

Where are the liberals who will have the integrity to call this what it is?

I can’t wait to find out.

Case Study In Conservative Media Bias: The Department of Education’s “Dear Colleague Letter”

corporal-punishment

Ethics Alarms devotes a great amount of commentary to the mainstream media’s left-leaning bias—as it should. The major news media sources in the U.S. have become untrustworthy, too often serve as willing tools of government, specifically Democratic Party-controlled government, policy, which is exactly the opposite of the role they are ethically obligated to play. The right-biased news organizations are just as biased but far less numerous or powerful, and have the unique disadvantage of being generally regarded as biased and unreliable because the mainstream media tells us so with great regularity.

Misleading news reporting is still misleading, however, and a recent example is the conservative news media’s characterization of the January letter that went out from the Department of Education and the Justice Department to school districts around the country regarding discriminatory class discipline. The letter (FULL TEXT here) describes various types of common discrimination, but the part of it that the conservative media has focused upon is its discussion of “disparate impact.” The letter says… Continue reading

The Criminal Justice Ethics Breakdown: Unforgivable, Incomprehensible, and Horrifying

"Yeah, that's bad, but can you believe those gas prices?"

There is no longer any way for the defenders of the criminal justice system, or indeed American democracy and its ideals, to deny that thousands, and perhaps tens of thousands, of Americans languish in prison for crimes they did not commit. This fact is so terrible in its implications for the nation, the system, the public and the legal profession that I feel incapable of grasping it all, still, though this has been slowly dawning on me for a long time. Right now, it is all I can manage to escape denial, for the deprivation of so many innocent people of their liberty is my responsibility, as well as yours, and that of everyone else. Even in the midst of serious policy debates over so much else that is vital to our future, how can anyone argue that this isn’t the highest priority of all?

Yesterday, the Washington Post revealed that

“Justice Department officials have known for years that flawed forensic work might have led to the convictions of potentially innocent people, but prosecutors failed to notify defendants or their attorneys even in many cases they knew were troubled. Officials started reviewing the cases in the 1990s after reports that sloppy work by examiners at the FBI lab was producing unreliable forensic evidence in court trials. Instead of releasing those findings, they made them available only to the prosecutors in the affected cases, according to documents and interviews with dozens of officials. Continue reading