In Alabama, A Blood Sucking Judge

Judge: 'If you don't have money, you can pay your fine in BLOOD!' Wait...WHAT?

Judge: ‘If you don’t have money, you can pay your fine in BLOOD!’ Wait…WHAT?

Not to hold you in suspense, this is unethical. In fact, it’s incredibly unethical.

In Alabama,  Perry County Circuit Judge Marvin Wiggins is prevented by Alabama law from jailing those who owe a debt to the state.t—debtors prison was abolished long ago. Wagner, however, has been recorded in his court telling indigent parties owing money  that they have the option of contributing their blood or paying up, and if they opt for neither, “he sheriff will have handcuffs waiting” for them.

The Southern Poverty Law Center has filed a judicial ethics compliant, Explained the SPLC on its website.

“Defendants in more than 500 criminal cases, which can be as minor as hunting violations, were mailed notices to appear before Wiggins on Sept. 17. Dozens showed up to pack the courtroom for a hearing on the restitution, fines, court costs and fees they still owed. When Wiggins took the bench, he offered defendants with empty pockets and full veins an option.Wiggins said to consider the option of giving blood “a discount rather than putting you in jail.” However, no one who donated blood received any “discount” on their court debt; they simply received a reprieve from being thrown in jail. Most of the people in the courtroom still owed thousands of dollars to the court – even after years of making payments, according to the complaint. Virtually every case included fees that indigent defendants had been charged to recoup money for their court-appointed counsel, the complaint states. Without speaking to the judge about their financial situation, many indigent defendants gave blood out of fear of going to jail.”

The complaint outlines several ethics violations, SPLC says, including failure to demonstrate professional competence and failure to uphold the integrity of the law. It also describes how forced blood donations violate the U.S. and Alabama constitutions. I would think that most educated American could name several of these. Due Process? No law exists making forfeiture of blood a legal penalty for anything. Cruel and usual punishment, per the 8th Amendment?
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The Ethics Verdict On Rep. Polis’s Apology For Recommending That Students Be Expelled For Sexual Assaults They Probably Didn’t Commit

Apparently the demon Pazuzu and the Congressman from Boulder agree!

Apparently the demon Pazuzu and the Congressman from Boulder agree!

My rule: if you say something clearly and unequivocally with all the available evidence and defend it later in another forum, all your subsequent apology means is “Gee, I didn’t expect to get in so much trouble for that. I guess I better apologize and pretend I didn’t realize what I was doing.”

Rep. Polis of Colorado, a Democrat and clearly no student of American justice, inherited the wind with his statements in a Congressional hearing suggesting that the already manifestly unjust “predominance of the evidence standard” that the Obama administration forced on universities (you know, so women could get as many male students punished as sexual predators as possible) was too fair. First he said…

“I mean, if I was running [a college] I might say ‘well, you know, even if there’s a 20 or 30 percent chance that it happened I wouldn’t want … I would want to remove this individual. Why shouldn’t a private institution, in the interest in promoting a safe environment, use an even lower standard than a preponderance of evidence, like even a reasonable likeliness standard?”

Then he said…

“I mean, if there’s 10 people that have been accused and under a reasonable likelihood standard maybe one or two did it, seems better to get rid of all 10 people. We’re not talking about depriving them of life or liberty, we’re talking about their transfer to another university.”

Later, interviewed over the phone by Reason well after the hearing, Polis was unambiguous, and extensively defended his statements in the hearing, with no equivocation or doubt. Ah, but he did not expect so many publications, pundits, bloggers and ethicists to have such an adverse reaction to, you know, discarding due process, fairness, and basic principles of justice just to make the Democratic Party’s man-hating feminist base happy. So he apologized.

Absurdly.

He began with the Full Pazuzu: Continue reading

In College Sexual Assault Cases, False Accusers No Longer Deserve Guaranteed Anonymity

"You better be telling the truth, or this is coming right back at you..."

“You better be telling the truth, or this is coming right back at you…”

Especially now that the Obama administration has demanded that colleges strip away the basic rights of students accused of rape, the practice of not releasing a false accuser’s name to the media must end.

The compelled switch to a “predominance of the evidence” standard in such cases has led to too many false charges, too many wrongly punished male students, and too many scarred lives. High profile national leaders like Hillary Clinton are undeterred in supporting this power play by feminists, and university officials apparently don’t have sufficient regard for fairness or even basic logic: the Department of Education threatened their income stream, so if a few male students get railroaded out of school and haunted for a lifetime with the stigma of being a rapist, the college leaders consider it a necessary sacrifice to the greater good.

It is only one case, but if the facts of the University of Michigan’s persecution of student Drew Sterrett are as they appear to be, this is signature significance: one incident this irrational  proves that campus sexual assault  hysteria has turned into a genuine, bona fide witch hunt, with the metaphor appropriate for once. There must be accountability, and the Obama Administration, the schools, their administrators, irresponsible leaders like Clinton, Sen. Kirsten Gillibrand and Rep. Jared Polis, and, yes, sorry, false accusers must share it.

Sterrett was forced to leave the University of Michigan in 2012 during his sophomore year, after a female’s student’s accusation of forced sexual intercourse was upheld under circumstances that would have made a kangaroo court, with real kangaroos, an improvement. He sued the university in federal court, arguing that  his 14th Amendment rights to due process had been violated. The only possible response to his claim, once one reads the account published in Slate, is “Ya think?” It is disturbing that anyone should have to sue to get such treatment recognized as outrageous. Apparently no one at the University of Michigan who has power possesses any ethical twitches whatsoever, while nobody with a passing knowledge of right and wrong has any power.

From Emily Yoffe: Continue reading

Incompetent Elected Official Of The Month AND Unethical Quote Of The Week AND… KABOOM!: Rep. Jared Polis (D-Co.)

head blows“If there’s 10 people that have been accused and under a reasonable likelihood standard maybe one or two did it, seems better to get rid of all 10 people. We’re not talking about depriving them of life or liberty, we’re talking about their transfer to another university.”

—-Colorado Democratic Representative Jared Polis, at this week’s congressional hearing on campus sexual assault.

Well, this statement made my naive, idealistic brain explode. I’m such a sap; I really still reflexively want to respect lout elected leaders, and assume they aren’t anti-democratic, totalitarian, arrogant, mean-spirited ideologues with the brains of a mole rat. What’s the matter with me? Reading a quote like this actually hurts me. It makes me want to give up, move to Madagascar, or punch the nearest smug progressive in the face.

Sure, why not kick a student out of the school he was admitted to and planned his life around because some woman accused him of unproven sexual assault? Fairness and process don’t matter; what matters is satisfying a Democratic party core constituency. If some injustice results and some innocent lives are disrupted, who cares, as long as the victims are males?

I can’t trust or respect an individual who says something this ineffably wrong and un-American to its core. Polis is a Princeton grad, a rich and brilliant entrepreneur, gay, and supposedly a civil rights advocate. Yet he thinks it is reasonable to kick a young man out of school if there’s a 1 in 5 chance that an accusation of sexual misconduct is accurate. How can this be? Is he hostile to heterosexual males? Is he a rank hypocrite? Continue reading

Ethics Hero: F.I.R.E…Again.

FIREOnce again, the indispensable Foundation for Individual Rights in Education stopped a private university from crushing a student for the imaginary offense of expressing opinions on-line that others find offensive.

Texas Christian University disciplined Harry Vincent, a 19-year-old sophomore, after he posted harsh comments on Twitter about ISIS, illegal immigrants and the Freddie Gray rioting in Baltimore. After a complaint from a Maryland Twitter user named Kelsey, who, having failed to win her online argument with Vincent decided to get him kicked out of school for daring to disagree with her, TCU declared that Vincent had violated the Student Code of Conduct prohibiting the ‘infliction of bodily or emotional harm’ and ‘disorderly conduct,’ neither of which fairly described  his intemperate but entirely personal social media declarations.

The student was suspended from all extracurricular activities for one year, and could no longer live on campus or use non-academic facilities, such as the cafeteria and recreational center.  First, however, the school compelled him to apologize for daring to cast aspersions on terrorists, rioters and illegal immigrants. He was also told to see a psychiatrist, because if you are politically incorrect in 21st Century America, you must be mad.
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“Black Lives Matter” Is Unethical, And So Are Politicians Who Pander To It

black-lives-matterThat’s the tipping point for Ethics Alarms. “Black Lives Matter” is unethical, and those who use it are unethical. And politicians who grovel to those who criticize them for not embracing it are contemptible.

The Martin O’Malley embarrassment over the weekend clinched it for me. Demonstrators interrupted the former Maryland governor, mounting a pathetic campaign against Hillary Clinton for the Democratic presidential nomination, as he was speaking at the Netroots Nation conference. When they shouted, “Black lives matter!” a rallying cry of protests that has superseded “Hands Up! Don’t Shoot!” because that one was eventually exposed as a lie,  O’Malley—the naive, racist fool!!!!— responded: “Black lives matter. White lives matter. All lives matter.”

The activists  responded by jeering him and refusing to let him speak. .Later in the day, O’Malley, “showing the firm commitment to leadership in the face of adversity that we expect in a presidential candidate,” as one wag put it on Jonathan Turley’s blog—apologized, saying…

“I meant no disrespect. That was a mistake on my part and I meant no disrespect. I did not mean to be insensitive in any way or communicate that I did not understand the tremendous passion, commitment and feeling and depth of feeling that all of us should be attaching to this issue.”

I bent over backwards to defend Smith College President Kathleen McCartney when she apologized for using the phrase “all lives matter” in December of 2014. I wrote:

If an activist says to me, “too many children go to bed hungry!” and my retort is, “Too many people go to bed hungry!”, the unspoken argument is “So stop acting like children are a special problem!” If I say, “We need peace in Syria,” and a friend’s response is “We need to end war, period!”, I view that as an effort to minimize my concerns by launching it from the realm of a specific issue into vague, generic territory.  “Black Lives Matter!” in the context of recent police episodes where African Americans died under circumstances that many believe show police callousness and excessive force against blacks is a distinct assertion that suggests that the law enforcement and justice systems do not currently function as if black lives matter as much as white lives. It is true that “All Lives Matter” includes the larger subset “black lives matter”; it is also true that it blurs the issue at hand, and dilutes the protesters’ point. It is not inappropriate for  President McCartney to apologize in this context…unless, of course, she intended a rebuttal, in which case she is indeed spineless.

I still believe that made sense in December, but “Black Lives Matter” means something very different now, after six police officers were charged with murder to quell a Baltimore mob after Freddie Gray’s death, and after President Obama decided that the merciless shooting of a  young white woman in San Francisco by an illegal immigrant wasn’t worthy of the same attention he has given other deaths when it was a black life that had been lost. Continue reading

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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Now THESE Are “Feminazis”…Melissa Harris Perry and Kamila Shamsie

feminazi

Rush Limbaugh assured himself of a permanent place in the Feminist Hall Of Villains when he coined the term feminazis to describe militant women’s rights advocates two decades ago. Limbaugh’s use of the term was excessively broad and unfair to be sure—to Rush, all feminists are feminazis— but it has become newly appropriate and useful as the Left increasingly advocates fascist tactics when it sees no quick route to its objectives using such repugnant means–to them—as the free market, open debate, merit-based advancement, and individual autonomy.

Is tarring these arrogant ideologues who favor enforced “equality” over basic Constitutional rights such a pejorative label uncivil, unfair or hateful? Why no, in fact. Sadly, tragically, frighteningly, it is entirely accurate. Here are two examples:

MSNBC’s Melissa Harris-Perry

Bemoaning the fact that male professional sports pay their athletes more than female sports(because they are more popular, because more men follow sports and because male athletes are, on average, bigger, faster, stronger and better) Harris-Perry made this statement on her far-left even for MSNBC show on the network:

During the break I was trying to think up a solution to the problem of building audience (for women athletes), so my solution is in 2016 we go completely dark on all media coverage of men’s sports, just for one year. We have the only televised sports, the only print sports, it’s only women’s sports, and we’ll just see whether or not women could get a fan base if in fact they were the people who were constantly on our televisions and in our newspapers.

That’s a reasonable “solution” to this TV personality, scholar, teacher, author, pundit, feminist, fascist. Cripple lawful businesses. Restrict communications. Limit commerce, advertising, marketing, merchandising. Restrict the public’s entertainment choices, and male athletes’ earning capacity. After all, it’s all about the vagina, right? If women can’t compete against men, then just eliminate the men, their rights, and their advantages by edict. The First Amendment, the right of contract, equal protection, due process, enjoyment of life—why should they stand in the way of the progressive, feminist agenda?

This is how fascists solve problems.

Melissa Harris-Perry is a feminazi.

PS: In the comments, esteemed reader Charles Green chides me for not taking Harris-Perry suggestion as a joke. First of all, the woman is humorless. Second, the fact that she knew her suggestion could never happen isn’t the same as a joke. That would be a solution to her, because she is squarely in the ends justify the means camp, like all extremists. I am sure readers could concoct “jokes” similar in spirit about “solutions” (facsists love “solutions,” you will recall) to other “problems” involving ethnic, racial or gender designations that Harris-Perry, for one, would condemn in the harshest terms. I know Rush could…

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Shortest Investigation Ever: Determining Whether It Was Inappropriate For The Middle School Vice Principal To Say In A Video, “I Don’t Like Black Kids”

"Wait, let's not leap to conclusions...maybe he's not dead."

“Wait, let’s not leap to conclusions…maybe he’s not dead.”

In Fresno, California, Scandinavian Middle School vice principal Joe DiFilippo was recorded on video by a student saying, “I don’t like black kids” in the cafeteria. The video was then posted on YouTube. Fresno Unified School District officials said DiFilippo has been placed on paid administrative leave pending an investigation.

Maybe I’m suffering from a momentary lack of imagination, but what else do they need to know? I understand union rules and the need for due process, but what findings could possibly, ever, under any circumstances, allow DiFilippo to keep his job? 11% of the school’s students are black. Why would they ever feel secure going to a school where an administrator said such a thing in the school? (I’m assuming the man didn’t really say, “I don’t like black kids any more or less than I like any other kids, as everyone in the school knows.” Watching the video would presumably make that possibility moot.)

District officials say they are investigating “the context in which the comment was made.”  What possible context could mitigate that statement? Let’s see…maybe he was talking about not liking them for special purposes, like snacks or as piñatas? “I don’t like black kids..when they’re on fire? When they are holding Uzis on my family? When they sing the Sponge Bob theme song”?

It doesn’t matter! If there is anything the man doesn’t like about black kids that he accepts about white kids, he’s not qualified to be a vice-principle.

Every second Mr.Fillippi doesn’t resign, he’s wasting time and money, and proving that he is just as big a fool as the video shows him to be. If no investigation can save  him, then he shouldn’t wait for an investigation to do the right thing.

 

Ethical Quote Of The Month: Jonathan Capehart…Big Whoop.

Hands up 3

“Now that black lives matter to everyone, it is imperative that we continue marching for and giving voice to those killed in racially charged incidents at the hands of police and others. But we must never allow ourselves to march under the banner of a false narrative on behalf of someone who would otherwise offend our sense of right and wrong. And when we discover that we have, we must acknowledge it, admit our error and keep on marching. That’s what I’ve done here.”

—— African-American Washington Post blogger and MSNBC contributor Jonathan Capehart in a Post column acknowledging that the “Hands up! Don’t shoot!” chant, hashtag, protest motto and refrain was based on the lies of Dorian Johnson.

This is unusual: a statement embodying ethical principles that arises entirely out of an unethical, unprofessional and untrustworthy world view.

It is a credit to Capehart that he has the integrity to openly admit he was wrong when the facts finally penetrated his biased, bigoted, unethically-motivated brain. He is certainly more admirable than the politicians and journalists of the left and the civil rights movement who still refuse to admit it, like Capehart’s MSNBC colleague and perpetually Angry Progressive Lawrence O’Donnell. It’s good that he apologized, in the sense that it’s better than if he didn’t, but if he were aligned with ethical advocates and advocates, his apology would be unnoticed among thousands of others. Capehart’s ability to process and admit what was, or should have been obvious months ago is not rescued from disgrace because others are even worse.

For the record, Ethics Alarms concluded that “Hands Up! Don’t Shoot!” was probably false on November 27, 2014. I don’t usually quote myself at length, but after I read Capehart’s much praised, “Well, gol-ly! Knock me over with a feather! Dorian Johnson was lying, and I used what he said to help the media, Al Sharpton and Eric Holder convince African-Americans that whites are out to kill unarmed black men! Ooopsie! My bad!” column, I gagged, and went back and read this:

How does the culture, the news media, the civil rights  industry, and politicians determined to benefit by making African-Americans suspicious, paranoid, racist and, of course, lifetime Democrats, make amends for this? How do they undo the damage to mutual trust and American society?

Obviously they don’t. They don’t even try. In fact, all indications are that they will refuse to acknowledge that the entire, national effort to portray the tragic confrontation between Michael Brown and Officer Wilson as a race-triggered execution was based on a lie that was presumed to be accurate despite much reason to doubt it.

The original claim that Brown was shot and killed after putting his hands in the air came from his friend and partner in crime, Dorian Johnson. Johnson, who already had a record of lying to police, was with Brown prior to the August 9 confrontation, and had joined him in the petty robbery that occurred just before Brown’s arrest. In his TV interviews  after the shooting, Johnson said that Wilson shot Brown in the back, causing him to turn around with his hands up, pleading, ‘I don’t have a gun, stop shooting!’ Before the grand jury, Johnson, who admitted that he hid during the incident and later ran home to change clothes so he wouldn’t be identified, even elaborated and provided minute details to his fabrication, stating under oath that the shot in his back caused Brown’s body to “do like a jerking movement, not to where it looked like he got hit in his back, but I knew, it maybe could have grazed him, but he definitely made a jerking movement.” The forensic evidence showed that Brown was not shot in the back.

Other witnesses concocted similar testimony demonizing Wilson after hearing the media’s credulous accounts based on Brown’ friend’s claims. One told the FBI that he saw Wilson shoot Brown in the back and then stand over his prone body to “finish him off.” In front of the grand jury, however, this witness acknowledged that he had not seen that part of the shooting. He explained that the false story he told the FBI was “based on me being where I’m from, and that can be the only assumption that I have.”

Sort of like Democrats have to believe such false narratives because the presence of deadly, virulent racism is core to the party’s appeal to African American voters…

Then, he admitted,  he changed his story to fit details of the autopsy once it was reported on TV.  “So it was after you learned that the things you said you saw couldn’t have happened that way, then you changed your story about what you seen?’ a prosecutor asked. “Yeah, to coincide with what really happened,” the witness replied.

Members of the community, activists, anti-police zealots and those who had observed how effective the Trayvon Martin hoodie symbolism had been in casting George Zimmerman as a racist killer (rather than as he was subsequently shown to be, an irresponsible, unbiased jerk) immediately seized on the gesture as a powerful protest symbol. Every time it was repeated in a protest or demonstration, it was Johnson’s lie multiplied, until the narrative that Officer Wilson shot an unarmed, unresisting teenaged black male who was pleading to live was imbedded in the American mind. Of course it was murder! Of course any system that does not immediately charge the rogue police officer with murder is corrupt and flawed.

I have had conversations with well-intentioned liberals in denial,who are obviously unable to think of what occurred in Ferguson any other way. Such frustrating conversations. As in the Martin case, they want the white shooter to be guilty of racism and brutality. The fact that no clear evidence will show that, as the grand jury found out, doesn’t dissuade them, even though they would nod vigorously if activists argued that prosecutors displayed racism by indicting any black suspect when eye-witness testimony was unreliable.

Oh, it is true that their confusion is compounded by not understanding what a grand jury does, or hearing references to the quote that a prosecutor can make a grand jury “indict a ham sandwich” (not recognizing that this was a criticism, or perhaps having no more regard for a young policeman’s life than they do a ham sandwich, because, you know, white cop), and that they have been conditioned to believe from their SDS veteran professors from the Sixties that police officers are not public servants but really diabolical agents of an overbearing state—not that they don’t want an overbearing state in most matters, just not where public safety…okay, it’s complicated!). Still, what most nourishes their fervor now—how I love being told that I am taking my cues from Fox News!—is the indelible image of young, frightened, unarmed Mike Brown, with his hands in the air.

How does Darren Wilson get his career, reputation and life back after a lie is promoted as fact by the media, and ruthlessly used by race-hucksters to destroy him while escalating racial distrust? How does the culture recover from this deep, self-inflicted wound?

It is not the criminal justice system that is so in need of repair, but our system of communicating important events to the public, so that bias doesn’t overwhelm truth, and we will be able to forge the right lessons from tragedies like Michael Browns death, not false lessons that leave us more ignorant, hateful, and afraid.

How was I able to write that four months ago, and Capehart is only capable of comprehending it now? It’s simple, really: I’m not an anti-white bigot, and he is.  I had no horse in this race: I was just trying to weigh the facts. I don’t have a stake, politically, racially or socially, in proving that Mike Brown was just an innocent kid hunted down and shot in the street like a dog, or proving that Office Wilson was a model police officer. Capehart didn’t pay attention to the evidence because it was a white Prosecuting Attorney who produced it, and a black—sorry, thug—who contradicted it, as a black Attorney General behaved and spoke as if he believed the thug.

Now Capehart is a believer, and why? He is a believer because the Justice Department run by that black Attorney General had to grudgingly admit that there were zero facts to support the lie that it desperately, urgently wanted to be true, so Darren Wilson could be crucified to expiate white America’s sins against the black man….and, not so incidentally, gin up black votes for the Democratic base.  Now Capehart trusts the facts, because a black AG, not a white one, endorses them.

Well, to hell with him, frankly. Why are anti-white racists with Capehart’s biases writing for the Washington Post? Must there be a black racist slot on the op-ed page now? I didn’t notice: did Obama’s EEOC pass that regulation? The New York Times has Charles Blow, and so the Post must have at least one too? Is there a black racist pundit arms race?

Who is going to apologize to Darren Wilson? Capehart didn’t do that; after all, Wilson is white. Capehart doesn’t care about whites, but wants to clear the record so future protests against police, Ferguson and white America aren’t weakened by reliance on a lie. Where are the apologies to Robert McCulloch, that presumptively racist Prosecuting Attorney who was able to avoid the lynch mob’s demands that Wilson be tried for murder by running a grand jury that got to see all the evidence for once, the scum. How dare he? Van Jones, who is treated as a respectable, rational pundit on CNN and ABC, told the latter that “If there had been a special prosecutor in Ferguson, we would have had a different result.” And we all know that a different result would be the right thing, meaneth Van. To my knowledge, Van hasn’t apologized either. I’ll lay odds that he won’t. Neither has the former governor of Massachusetts, prominently mentioned as a possible presidential candidate once Democrats finally admit that Hillary is hopeless: Deval Patrick told Meet the Press that he wanted to see Wilson indicted regardless of the facts. Nor Kasim Reed, Mayor of Atlanta, who told Meet the Press that justice meant trying Wilson for murder, based on seeing the case through the eyes of Brown’s parents, the individuals whose confirmation bias most powerfully compelled them to believe the self-serving lies of their baby boy’s pal.

Two police officers are dead, two more have been shot, uncounted whites have been targeted and beaten by angry blacks (the Justice Department hasn’t been interested in the racial implications of those attacks), Ferguson is in ruins, innocent businesses are destroyed, Darren Wilson is in hiding, and racial distrust across the U.S. is worse than it has been in decades, not entirely but substantially because people like Jonathan Capehart wanted to believe Dorian Johnson’s lie, because it fits their ideological, political, social and racial agenda. So they did.

Admitting a wrongdoing—not a mistake, but wrongdoing— is always commendable, but when it comes after such carnage, and so inexcusably late, my applause is going to not only be faint, but suffused with disgust.

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Graphic: Washington Post