District of Columbia

Ethics Dunce: The Washington Metropolitan Area Transit Authority [ UPDATED]

/ Jack Marshall / 7 Comments

[UPDATE: The original version of this post designated the dunces as the D.C. government. This was not accurate, as reader deery helpfully pointed out. You can read about the baroque and diffuse organization and leadership of the D.C. area’s transit system…currently in bad repair and financial distress…here.  Good luck. The text has been revised to reflect the correction in the title. Frankly, the exact organization of the DC. area Metro is less central to the post than the fact wherever the leadership is, it is government, it is dominated by the local Democratic leadership, and it is censorship. That’s what matters.]

Quick, now: what controversial political position does the above Washington, D.C. area  public transit ad promote?

The Washington Metropolitan Area Transit Authority, the transit agency of the local  and state governments in and surrounding the nation’s capital,  has pulled ads for controversial right-wing speaker Milo Yiannopoulos’ self-published memoir after determining the ads violated the transit system’s policies banning issue-oriented, political and other advocacy advertising.

An independent contractor sells and installs ads across the system, but ultimately Metro’s leaders have the final say…providing that they follow the Bill of Rights. This appears to be a problem for them.

The relevant Metro policies  restricting advertising content include:

  • “Advertisements intended to influence members of the public regarding an issue on which there are varying opinions are prohibited”
  • “Advertisements that are intended to influence public policy are prohibited”

There is no argument here about what the banning of the book ad is: the Transit Authority is engaging in censorship.  This is especially obnoxious for an agency that represents the locality that hosts of the national government, and where the Constitution is on display.  It is also ignorant. Read the damn thing, you politically corrupt dolts. And it is arrogant. The District’s population, stuffed with Democrats like no other jurisdiction, with a majority African-American and conservative-loathing populace, figures to revile a right-wing troll like Milo, and the reliably Democratic riders served by the Metro in Northern Virginia and Maryland are hardly more tolerant of hard-right trolls. But Milo’s name and book cover by no stretch of the imagination are advocacy or efforts to “influence” anyone regarding public policy or “an issue.” Like all ads, here’s the position that it advocates: “Buy this!”

Milo Yiannopoulos is an ugly and cynical right-wing provocateur, but he does not forfeit the protection of the First Amendment because of who he is. When did liberals and Democrats lose their comprehension of this basic democratic concept? What ever the origin of their confusion, it makes them untrustworthy, sinister, and almost as revolting as Milo.

He’ll probably sue the Washington Metropolitan Area Transit Authority for infringing his rights, which it has. He will win. Keep it up, Democrats! Keep indulging that inner totalitarian just screaming to get out.

See what happens.

Lawyer Snaps, Criticizes Own Client On Twitter, Daily Kos

/ Jack Marshall / 7 Comments

Mark S. Zaid is a distinguished lawyer currently active in bolstering anti-President Trump efforts. He actively trolls on Twitter for clients looking to bring laws suits against the administration, and his clients include prominent “resistance” conspiracy theorist and blogger Louise Mensch, whose name I was blissfully unaware of until last week, and now she is turning up in my e-mail, in my story feeds, everywhere.

A couple of days ago, Mensch launched a new Trump rumor, using “anonymous sources” (which makes her just like the New York Times and Washington Post!) that the Daily Kos picked up. You can read it here: good luck. It is so muddled in its “facts” and suppositions that it makes other fake news look good. Naturally, the Daily Kos took the “breaking” scoop at face value, although it was so legally absurd it made my teeth hurt. The Palmer Report, the same wacko site that drove Larry Tribe around the bend, also was in the mix.

My favorite item in the “story” was that a court had handed down an indictment against President Trump, not for criminal purposes but to support his impeachment. When I read stuff like this, I stop reading further. Grand juries don’t work like that. Courts don’t work like that. Indictments don’t work like that. Impeachment doesn’t work  like that. Nothing works like that, except to a mind where complete hatred and fear of Donald Trump and the joy of having so many mutually infected embarrassing themselves in high places has caused the brain to morph, hopefully only temporarily, into a gerbil wheel.

Zaid, who obviously has a high tolerance for this blather being a 24-7 Trump basher himself, apparently couldn’t take it any more, and wrote to his client Louise on Twitter and in the comments to The Daily Kos story,

Respectfully to my client, there is no info available to support this. We need more than just these anonymous source(s).

This is like putting client advice on a billboard. This is like leaving client advice on an answering machine (yes, I’ve encountered that!). This is like putting client advice on your Facebook wall, and it is exactly like posting  client advice on a public website, because that’s essentially what Zaid did. Continue reading →

More Evidence That It Isn’t “Gun Safety” The Anti-Gun Forces Are Gunning For, But The Second Amendment Itself

/ Jack Marshall / 10 Comments

anti-gun cartoon

Those who are confident that Donald Trump can’t be elected President might want to contact Hillary Clinton and advise another one of her well-timed policy position reversals. She has aligned herself with those who want nothing less than to eliminate the right of Americans to own guns and be able to defend themselves, and that means she is spitting into the gale of core American values and culture.

And the Constitution, of course.

A clear-thinking and principled United States District Court judge just condemned a sinister anti-gun law that embodies the anti- Second Amendment animus. Judge Richard J. Leon’s 46-page ruling in United States District Court declared illegal a law that gave the police the discretion to grant concealed-carry licenses only to those with “good reason” to do so, such as a specific and reasonable fear of attack  or other reasons, such as having a job in which they carried large amounts of cash or valuables. A citizen wishing to carry a pistol must demonstrate “a special need for self-protection distinguishable from the general community as supported by evidence of specific threats or previous attacks that demonstrate a special danger to the applicant’s life,” the law says.

Wrong. A citizen wishing to carry a gun should only have to show that he or she is a law abiding citizen, and that he or she is trained in gun safety and how to use a firearm.

Judge Leon wrote, “Given the textual and historical evidence, I have little trouble concluding that under its original meaning the Second Amendment protects a right to carry arms for self-defense in public…Given that the Second Amendment’s central purpose is self-defense and that this need arises more frequently in public, it logically follows that the right to carry arms for self-defense in public lies at the very heart of the Second Amendment.”

It also follows that the government deigning to grant the Constitutional right to those few individuals it deems worthy is a direct Second Amendment breach. It is frankly frightening that other judges have ruled differently. If ever citizen has a Constitutionally protected right, a law cannot say that the right only applies to you if the government says so. Laws restricting rights must describe legitimate circumstances that justify the restriction, not presume a restriction on everyone except a sufficiently terrified few. It is up to me to decide whether I need a gun, not D.C.’s police chief. Continue reading →

Most Unethical Year End Awards, Theater Division

/ Jack Marshall / 36 Comments

the-best-2015A local theater website in Washington D.C. gathers up its reviewers and staff, and announces year end awards, “The Best of 2015”  in several categories, including the best professional theater productions of a play. I was alerted, with the usual fanfare, that my company’s farewell production of “Twelve Angry Men” made the esteemed list. Several friends sent me the link, with congratulations.

Guess how many plays made the “Best” list.

Go ahead–guess.

Did you guess 138?

That’s right: this site, which is run by a friend, had 138 productions named as “best.” When my reaction to this on Facebook was the same as it was last year, only a bit more pointed—I asked where I could buy one of those “We’re Number 138!” giant foam fingers, I was chided by one of my cast members for not being properly “gracious.” That really ticked me off. Being gracious in response to a cynical exercise that is phony to its core just encourages more of the same.

What’s wrong with naming 138 “best” professional dramatic productions? Everything: Continue reading →

I Don’t Understand: Why Doesn’t The Life of Donald E. Gates Matter To Black Lives Matter?

/ Jack Marshall / 32 Comments

GATES

This week, a federal jury found that District of Columbia. police framed Donald E. Gates, an innocent man, for a 1981 rape and murder of a 21-year-old Georgetown University student.  Gates, who is African American, was imprisoned for 27 years. Two days after the verdict, the city settled with Gates for $16.65 million in damages.

The trial determined that two D.C. homicide detectives,Ronald S. Taylor and Norman Brooks, both now retired, largely fabricated  the confession Gates was supposed to have made to a police informant. The detectives also withheld other evidence from Gates’ defense attorney. You can read the whole horrible story here.

There are a couple of aspects of this story, and others like it, that I don’t understand at all.

One is this: why aren’t the two detectives going to prison? Their conduct has cost the city’s taxpayers eight figures in damages, it has already cost an innocent man the prime of his life, and what is their penalty? I would support capital punishment for police like these. Destroying a man’s life, breaching a public duty, shredding public trust, using the law for evil— few murders do so much damage. It makes no sense for there not to be life imprisonment, execution, something to announce to the community that police and law enforcement officers will and must be held to the highest standards, and suffer greatly when they fail to meet the lowest. From what I can tell, these evil detectives—that’s a fair description, isn’t it?— aren’t even going to lose their pensions. Continue reading →

The Case of the Truant Prodigy and the Incompetent School System

/ Jack Marshall / 10 Comments

Avery Gagliano is a 13-year-old student in the District of Columbia school system, and an acknowledged musical prodigy. She has won competitions and soloed with orchestras nationwide.She was one of 12 musicians selected from around the world to play at a prestigious event in Munich last year. All of this periodically disrupts her school attendance, and because the District continues to threaten treating her as a truant, Avery’s parents say they have been forced to pull her out of her classes, where she was a happy A student.

“As I shared during our phone conversation this morning, DCPS is unable to excuse Avery’s absences due to her piano travels, performances, rehearsals, etc.,” Jemea Goso, attendance specialist with the school system’s Office of Youth Engagement, wrote in an e-mail to Avery’s parents, Drew Gagliano and Ying Lam, last year. This a classic example of how bureaucratic rigidity, in the absence of employees or officials willing to take initiative and address a non-conforming anomaly, will lead to needless harm and absurd results. Nobody would, or if they did, they did so in such a dysfunctional system that it didn’t make any difference. Continue reading →

But What If David Gregory Shot the Pitbull?

/ Jack Marshall / 13 Comments
Illeagl? Well, it depends. Just WHY are you breaking the law? Is it for GOOD or ILL?

Illegal? Well, it depends. Just WHY are you breaking the law? Is it for GOOD or ILL?

Another hybrid ethics tale has surfaced! Cross pitbulls (or whatever a reporter thinks passes for one) with the gun law debate and the District of Columbia’s refusal to bring charges against David Gregory for breaking its gun laws on national television,  and…bada bing! This (From the Washington Post) :

“The bloody paw prints travel the length of a city block, from a Northwest Washington street corner where police said an 11-year-old was mauled by three pit bulls to the welcome mat at the dogs’ owner’s home. Two days after the attack, in which police said all three dogs were fatally shot, the prints were a reminder of what happened at Eighth and Sheridan streets on Sunday afternoon. Police said a neighbor and an officer shot the pit bulls as they sank their teeth into the boy’s legs, arms, stomach and chest…An uncle of the victim’s said the boy was riding a new Huffy dirt bike with orange rims he had gotten for Christmas. The uncle said his nephew emerged from an alley onto Sheridan Street, where he collided with the pit bulls. D.C. police said the unleashed and unattended dogs attacked the boy before a neighbor who saw it went into his home, got his handgun and fired once, hitting one of the dogs. A D.C. police officer on bicycle patrol heard the shots, and authorities said he shot and killed the other two pit bulls…Of the shooters, the 34-year-old uncle said, “They did the right thing.”

“D.C. police said they are reviewing the incident and have left open the possibility that the neighbor could be charged with violating the District’s gun laws. A police spokesman would not say whether the gun was legally registered. Even if it was, using it on a D.C. street is illegal…”

Some Post readers were appalled that such a heroic action could result in prosecution. Wrote one, indignantly:

“That prosecutors would even consider bringing gun charges against the Northwest D.C. resident who saved an 11-year-old’s life by shooting one of three pit bulls that were brutally mauling the child speaks volumes about the mindless absurdity of the city’s gun laws, to say nothing of the zealous anti-gun sentiment that more broadly permeates officials’ thinking here…If the good Samaritan who acted quickly in this case to save a child possessed his gun unlawfully, police and prosecutors should by all means confiscate it. But contemplating further charges against him is as unconscionable as it is ridiculous.”

No, what’s ridiculous is to have gun laws that are enforced according to the policy that if a citizen does a good thing with his illegal gun, then it’s fine; only bad acts with guns will result in prosecutions. Continue reading →

Dangerous Messages: Excusing Aaron Swartz, and the Unethical Non-Prosecution of David Gregory

/ Jack Marshall / 43 Comments

brass_scales_of_justice_off_balance

To  no one’s surprise, District of Columbia attorney general Irving Nathan announced that he will not be prosecuting NBC’s “Meet the Press” host David Gregory for a clear, intentional and unequivocal violation of a D.C. law on national television. In so doing, Nathan sent the District, the nation and the public a package of unethical and damaging messages, perhaps the least significant of which is that the District of Columbia’s chief lawyer is just as ethically flawed as the rest of its government.

In his letter to Gregory’s attorney, which you can read in its entirety here, Nathan said:

  • “The device in the host’s possession on that broadcast was a magazine capable of holding up to 30 rounds of ammunition. The host also possessed and displayed another ammunition magazine capable of holding five to ten rounds of ammunition…It is unlawful under D.C. Code Section 7-2506.01(b) for any person while in the District of Columbia to “possess, sell, or transfer any large capacity ammunition feeding device regardless of whether the device is attached to a firearm” or loaded. Under the Subsection, the term “large capacity ammunition feeding device” means a “magazine, belt, drum, feed strip or similar device that has the capacity of, or that can be readily restored or converted to accept more than ten rounds of ammunition.” Under D.C. Code Section 7-2507.06, any person convicted of a violation of this Subsection may be imprisoned for not more than one year, fined not more than $1,000.”
  • “The larger of the two ammunition feeding devices in question here meets the definition under the statute. OAG has responsibility for prosecuting such offenses and takes that responsibility very seriously.”
  • ” OAG has determined to exercise its prosecutorial discretion to decline to bring criminal charges against Mr. Gregory, who has no criminal record, or any other NBC employee based on the events associated with the December 23, 2012 broadcast. OAG has made this determination, despite the clarity of the violation of this important law, because under all of the circumstances here a prosecution would not promote public safety in the District of Columbia nor serve the best interests of the people of the District to whom this office owes its trust.”
  • “Influencing our judgment in this case, among other things, is our recognition that the intent of the temporary possession and short display of the magazine was to promote the First Amendment purpose of informing an ongoing public debate about firearms policy in the United States,especially while this subject was foremost in the minds of the public following the previously mentioned events in Connecticut and the President’s speech to the nation about them.”
  • “There were, however, other legal means available to demonstrate the point and to pursue this line of questioning with the guest that were suggested to NBC and that could have and should have been pursued.”
  • “No specific intent is required for this violation, and ignorance of the law or even confusion about it is no defense. We therefore did not rely in making our judgment on the feeble and unsatisfactory efforts that NBC made to determine whether or not it was lawful to possess, display and broadcast this large capacity magazine as a means of fostering the public policy debate. Although there appears to have been some misinformation provided initially, NBC was clearly and timely advised by an MPD employee that its plans to exhibit on the broadcast a high capacity-magazine would violate D.C. law, and there was no contrary advice from any federal official. While you argue that some NBC employees subjectively felt uncertain as to whether its planned actions were lawful or not, we do not believe such uncertainty was justified and we note that NBC has now acknowledged that its interpretation of the information it received was incorrect.” Continue reading →

Unethical Quote of the Week: Howard Kurtz

/ Jack Marshall / 3 Comments

“Gun owners often say they want the government to leave them alone; why then are some clamoring for Gregory to be prosecuted?”

—-CNN Media ethics watchdog Howard Kurtz, in a column defending “Meet the Press” host David Gregory’s on-air violation of a D.C. gun law

Wait...WHAT???

Wait…WHAT???

This is quite a spectacle, a real time unraveling and self-discrediting of a media ethicist because of biases he either cannot resist or doesn’t detect. Kurtz’s core ethical fallacy in ridiculing calls for Gregory to be held to account for a knowing, intentional, blatant and broadcast breach of a criminal law is so obvious it is stunning that he cannot see it. Kurtz is arguing that the law shouldn’t be enforced against law-breaking journalists “practicing journalism,” because they are special and deserve to be privileged, and because journalism is so important that it trumps the law. This is offensive to fairness, equality and justice, but because Kurtz is himself a journalist, he cannot see how intrinsically unethical his position is. He cannot see the most basic conflict of interest of all, self-interest, in himself. Continue reading →

The Media’s Gun Control Ethics Train Wreck Gets Its Engineer: David Gregory

/ Jack Marshall / 34 Comments

Gregory and clip

The blatant abandonment of journalistic ethics in U.S. mainstream media, well underway during its coverage of the 2012 election, finally exploded into a full-fledged ethics train wreck with television journalists’ astounding and shameless advocacy of tighter gun control laws following the Newtown elementary school massacre. Can anyone recall a previous public policy controversy in which so many telejournalists decided that it was appropriate, rather than to report on a story, to engage in full-throated advocacy for a particular position? I can’t. Rather than communicate relevant facts to their audiences and allow responsible and informed advocates for various positions to have a forum, one supposed professional journalist after another has become an openly anti-firearms scold, as if the need for new gun restrictions was a fact, rather than a contentious, and often partisan point of view.

It isn’t just the hacks, like Piers Morgan.  CNN anchor Don Lemon sounded like a candidate for office, and a rhetorically irresponsible one, when he exclaimed in one outburst, “We need to get guns and bullets and automatic weapons off the streets. They should only be available to police officers and to hunt al-Qaeda and the Taliban and not hunt elementary school children.” The reliably presumptuous Soledad O’Brien decided to reprimand Florida Republican Gov. Rick Scott when he refused to commit to seeking tougher gun laws in his state, telling him she hoped the gun conversation would become “meaningful” (that is to say, anti-gun ownership) before she was forced to “cover another tragedy.” In another interview, when a conservative academic argued for making guns more easily available among law-abiding citizens, O’Brien again turned advocate, telling him, “I just have to say, your position completely boggles me, honestly.”

Yes, well the fact that Soledad is “boggled” isn’t news: she’s easily boggled, and her opinion on gun control is no more worthy of broadcast than that of any random citizen on the street. Whether you agree with these amateur anti-gun zealots isn’t the point. Using their high-visibility positions as television reporters to expound on what they think are reasonable legislative initiatives isn’t their job, isn’t their role, is a direct violation of their duty of fair and objective reporting, and undermines effective public discourse. It’s unethical journalism.

Jumping into the engineer’s seat as this media ethics train wreck developed was “Meet the Press” host David Gregory. Part of the open agenda of the left-biased media is to demonize the National Rifle Association, which, again, is not their job, and is an unethical objective. Give the public the facts, let them hear the arguments, and allow them to come to an informed decision, not a media-dictated consensu constructed by people who are neither especially bright nor sufficiently informed, and who have no special expertise regarding guns and gun violence. Gregory, in full-anti-gun mode, brandished a gun magazine as a prop last Sunday to make a dramatic debating point against the vice-president of the National Rifle Association. In Washington, D.C., where “Meet the Press” is recorded, the magazine he held is illegal, and anyone apprehended while possessing one faces prosecution and jail time. NBC had been informed by D.C. police that Gregory could not use the magazine on the air, and Gregory went ahead and used it anyway.

He broke the law. Continue reading →