Eric Garner

Apparently “I Can’t Breathe!” Is Now the Official “Get Martyr Status Free!” Card

/ Jack Marshall / 5 Comments

As crazy as this loon melting down in her airplane seat was, she had sufficient marbles loose and rolling around to try out the “I can’t breath!” line. This was, you will recall, famously used by two arrest-resisting African American males who really couldn’t breathe while inept and overly-violent police officers attempted to take them into custody.

Eric Garner deserves credit for the line; he really couldn’t breathe after being gang-tacked by three NYC police officers, though it didn’t help that Garner was morbidly obese. (“You take your victim as you find him”) George Floyd then memorably gave Garner’s catchy line an encore. He really couldn’t breathe either, possibly from claustrophobia, definitely from a fentanyl overdose, though it didn’t help that Officer Derek Chauvin was kneeling on his neck.

It was a nice try by the Spirit Airline wacko, but she neglected to consider the absolutely essential feature of playing the “I can’t breathe!” card.

You have to die.

Ethics Quiz: The Firing Of Officer Daniel Pantaleo

/ Jack Marshall / 20 Comments

The New York Police Department has finally fired Daniel Pantaleo, the officer shown on video with his arm bent around the neck of 43-year-old Eric Garner just before Garner died  after being tackled by five officers.  A departmental disciplinary judge recommended the action, and Pantaleo was suspended from duty pending further review.

“In this case the unintended consequence of Mr. Garner’s death must have a consequence of its own,” said O’Neill. “It is clear that Daniel Pantaleo can no longer effectively serve as a New York City police officer.” He also added, “If I was still a cop, I’d probably be mad at me.”

The Commissioner kept digging. Continue reading →

Policing Ethics, Part Two: When Those Expected To Stand Up For The Law Can’t Stand Up For Themselves

/ Jack Marshall / 11 Comments

Cellphone videos of New York City police officers being doused with water while trying to do their jobs became an internet sensation this week, and an unsettling (but inevitable) controversy for New York City.  The officers were trying to disperse rowdy groups at fire hydrants during a three-day heat wave, and allowed themselves to be assaulted and humiliated while  crowds cheered the attackers on.

The police arrested three men who were caught on video hurling water at police in two incidents. This also caused controversy. “Why is a man facing more severe punishment for dousing a police officer than Officer Daniel Pantaleo is for choking Eric Garner?” asked a Times article. That shouldn’t be a difficult question, but you know—the Times. Eric Garner was a petty criminal resisting arrest. The officers were doing their jobs, and Garner died as the result of an accident, in great part because of his own actions in defying the police. The police were also trying to do their jobs when they were doused with water, in an act that threatens the peace and order of the community.

The Police Department’s highest-ranking uniformed officer, Terence Monahan, the police chief, lit the fuse on a larger controversy, saying,

“Any cop who thinks that’s all right, that they can walk away from something like that, maybe should reconsider whether or not this is the profession for them.We don’t take that.”

But they did take that, and the Mayor of New York wants them to take that, because the whole idea of law enforcement is now, and has often been, anathema to progressive ideology. Continue reading →

Prosecutorial Ethics: Not Charging The Police In The Eric Garner Case Is The Right Ethical Decision…

/ Jack Marshall / 8 Comments

…and trying any of the officers involved would be unethical.

Naturally, Eric Garner’s family immediately is attacking  the decision of the Justice Department today not to bring federal charges against  the New York police officers whose ugly and violent arrest of Eric Garner in 2014 led to his death. This incident came in the midst of several high-profile police shootings following the triggering Trayvon Martin killing, and led directly to the emergence of Black Lives Matters as well as launching one of several catch phrases connected with the movement, “I can’t breath.”

The Department of Justice took a long time reviewing the incident and the evidence, and could not determine that Officer Daniel Pantaleo willfully committed misconduct, an “essential element necessary to bring federal charges,” a senior department official told reporters at a briefing today. Considering all the elements of the  crime required to be proven under the law, the DOJ official said, the conclusion was that  the police conduct did not “fit within the statute.”

In deciding not to bring charges, U.S. Attorney General Bill Barr sided with federal prosecutors in Brooklyn. The  Justice’s Civil Rights Division had favored bringing charges.

The main problem facing the Justice Department and the New York prosecutors was that a conviction would be unlikely, making a prosecution more of a show trial than a real one, much like the George Zimmerman trial for allegedly murdering Martin. That trial was brought unethically to slake activist thirst for vengeance against Martin’s shooter, despite the glaring  evidence indicating self-defense. Prosecutors may not use the process itself to punish citizens. If a trial can’t be won, or if the justification for charges are dubious, then it is professional misconduct to bring them.

Were police negligent and reckless in using such aggressive measures to bring down a suspect who was resisting arrest? Absolutely, and this was addressed, as it should have been, in a civil trial. (Garner’s family was awarded 4 million dollars from the city.) Did the cops intend to kill Garner? It takes real anti-police bias to conclude that. The video shows a huge, morbidly obese man resisting arrest by a group of much smaller officers, who pretty evidently over-reacted. Although the ME attributed Garner’s death to “compression of neck (choke hold), compression of chest and prone positioning during physical restraint by police,” the defense in a criminal trial will have no trouble finding persuasive expert testimony to the effect that what ultimately killed Eric Garner was his weight and poor health. Continue reading →

Morning Ethics Warm-Up, 6/22/18: Boy, Am I Ever In A Bad Mood This Morning…

/ Jack Marshall / 38 Comments

Good morning.

Grrrrr…

1. The TIME “Welcome to America” cover.  This is probably worthy of a full post, but I’m really sick of this topic, and losing respect for so many previously sane and reasonable people who have become blathering “Think of the children!” zombies that I want to spit.

TIME, that dying, irrelevant, completely left-biased news magazine, grabbed one last moment in the sun with this cover:

It nicely symbolizes the media dishonesty and public manipulation regarding the border mob of children, with or without parents. I assumed that the cover was symbolic art: obviously this stand-off never occurred. But TIME used a photo of a real Honduran girl who we were told in other media reports and viral social media rants was crying because she had been separated from her mother when mom was arrested for trying to enter the country illegally. As CBS reported today, though, the little girl was really crying because her mother was apprehended at eleven o’clock at night crossing illegally into the US, the tot was tired and thirsty. She was never separated from her mother at all. Here’s the original photo:

Perfect. Fake news, through and through. If TIME wanted to make a symbolic image, the magazine was obligated to either make it clear that it was art only. Using a photo that had already been falsely represented in the news media to represent exactly what it had been falsely claimed to represent advanced a lie. Here is the original photo:

The Daily Mail got  this part of the story  from the girl’s father:

Denis Javier Varela Hernandez, 32, said that he had not heard from his wife Sandra, 32, who was with his two-year-old daughter Yanela Denise, for nearly three weeks until he saw the image of them being apprehended in Texas.

In an exclusive interview with DailyMail.com, Hernandez, who lives in Puerto Cortes, Honduras, says that he was told yesterday that his wife and child are being detained at a family residential center in Texas but are together and are doing ‘fine.’ …

He revealed that his wife had previously mentioned her wish to go to the United States for a ‘better future’ but did not tell him nor any of their family members that she was planning to make the trek.

“I didn’t support it. I asked her, why? Why would she want to put our little girl through that? But it was her decision at the end of the day….‘I don’t have any resentment for my wife, but I do think it was irresponsible of her to take the baby with her in her arms because we don’t know what could happen.”

2. Charles Krauthammer. Unfortunately, this is what I will most remember about the conservative columnist and commentator who died yesterday. After the first Republican candidates debate, the one in which Megyn Kelly called out Donald Trump on his habitual misogyny, Krauthammer, today being lauded for his brilliance and perception, stated unequivocally that Trump had proved himself “not ready for prime time,” and that hos poor performance in the debate had effectively ended his candidacy. Continue reading →

An Ethics Riddle: What Do Starbucks And The University Of Virginia Have In Common?

/ Jack Marshall / 9 Comments

They both called the cops on someone who was violating a policy. Only one of them, however, was accused of racism.

Bruce Kothmann, a University of Virginia alumnus, read aloud from his Bible on the steps of the school’s Rotunda this week, so university police came make him stop. He did stop, because he didn’t want to be arrested. For such public speech is no longer allowed at the public university. The Rotunda is not one of the places the university has designated for public speech by outsiders. Kothmann was on to campus because his daughter had just finished her sophomore year, but was reading from his  Bible with him to challenge the school’s  policy limiting speech on campus.

A terse reader comment on the story said, “This is basically what happened at Starbucks.” The comment is correct.

Would UVA have sent the police to silence a black parent? My guess: no, and if it had, the school would be grovelling in the dust right now, begging for forgiveness. Unless the school could quickly point to a white transgressor who got the cops called on him, a charge of race bias would be devastating, and, of course, effective.

You recall the Starbucks episode: I covered it here. Two African Americans were informed of a Starbucks policy that required those using the facilities to be customers. The men refused, the manager called the police claiming trespass, and the rest is ugly, race-baiting history. The two men could have left just as Mr. Kothmann agreed to stop reading, but that’s just moral luck. The reader was right: the episodes were the same….except for the race of the violator involved.

The Ethics Alarms position is that both policies, that of the university and the old Starbucks policy, are reasonable, with the Starbucks policy being the more  defensible, since UVA is a public university and has the First Amendment to contend with. Never mind: the news media and the social justice social media mob have little interest in a white man being stopped by police from reading that old rag, The Bible, but if two black men violating a private business’s reasonable policy have that policy enforced against them, that’s intolerable.

We have the birth of a new racial privilege, now extending beyond police shootings (a white cop can safety shoot a threatening white suspect, but not a black one) to other forms of previously justifiable conduct. Continue reading →

Morning Ethics Warm-Up, 1/9/2018: Plan O, Bad Punditry, Racist Trash Talk, And Disrespecting a 101 Year Old Star

/ Jack Marshall / 31 Comments

Good morning, World!

1 Golden Globes hangover I. Following up on a point made in yesterday’s Golden Globes post, presenter Natalie Portman’s much-praised but unfair innuendo that the directors nominated in the “best director” category were there because of gender bias rather than the quality of their work was an example of shooting the bystander rather than the villain. The fact that women don’t get the opportunities to direct major films that men do–as a result of many factors, none of which relate to the relative directing abilities of the two pools–is not the fault of the male directors who get the jobs, nor does the fact of discrimination make the films that women do get to direct inherently better and more award-worthy than they are.

That said, the bias against female directors is real, and dumb. Here is an excellent article about it.

2. A Nation of Silly People. I warned that electing Donald Trump as President would eventually turn us into a Nation of Assholes, and that has come to pass with unexpected rapidity. I did not see the development resulting in the US becoming a nation of silly people, though that process was well underway already. The rush to anoint Oprah Winfrey as the savior of the Republic based on a speech at an entertainment awards show, however, is new evidence of the damage done to the nation’s values by the Trump trauma. Oprah is a cult, pop culture figure; a democracy deteriorating into a society where celebrities and cult leaders become political leaders was one of the fears expressed by our Founders. For the Left to embrace Oprah is stunning hypocrisy, after more than a year of (correctly) accusing Republicans of nominating a Presidential candidate with none of the qualifications traditionally required to be taken seriously as a contender for the office. Many unhealthy trends of long standing pointed to this eventuality,it is true: celebrity obsession, poor civic education, ignorance of history, and new age gibberish, plus the stunning absence of legitimate leaders in both political parties. Having followed O for a long time, since her days in Baltimore as a rising life-style reporter, I recognize a lot of warning signs regarding her ethical instincts, such as her addiction to talking about “personal truths,” which is just a sneaky way of endorsing “alternate facts,” her troubling anti-vaxx statements, her promotion of fake experts like Dr. Oz and Dr. Phil, her race-baiting, and more. There will be plenty of time to elaborate on these if and when her candidacy becomes more than a twinkle in E!’s eye. I doubt that we’ll get there, but as President Trump proved, you never know in the United States of America.

3. A “Nah, there’s no media bias against Trump” note: During the Golden Globes broadcast, NBC, that paragon of journalism integrity, tweeted this:

4. Fake news in irresponsible punditry.  I have been meaning to write about this op-ed by New York Times “contributing opinion writer” Kashana Cauley for more than a week now, and the task has seemed so odious that I have avoided it. It is as bad an op-ed as I have ever seen, full of false assertions, misrepresentations , rationalizations and racial hate. I wonder when the New York Times editors reached the point where they would regard such trash as fit to be published under its banner. Rather than dissect the ugly thing as I originally intended, I’ll let you do the work, with me just pointing out some, but far from all, of the features that make this such unethical op-ed page content. Continue reading →

A Popeye And An Unethical Quote Of The Month For The Times’ Lindy West

/ Jack Marshall / 21 Comments

Popeye’s Quote:

“That’s all I can stands, cuz I can’t stands no more!”

Lindy’s Quote:

“[Megyn] Kelly happily trafficked in racist tropes for profit…asking repeatedly whether the deaths of Eric Garner and Michael Brown were necessarily related to race..

Nope. I can’t let this pass, and will never let this pass again. The context doesn’t matter: Lindy West’s statement above is a lie, and deliberately perpetuate a falsehood to mislead Times readers, or perhaps to encourage them to mislead others. The New York Times editors should not allow lies the paper’s pages, not in news stories, and not from pundits. West can, if she chooses, state the factually untenable opinion that she believes the deaths of Garner and Brown were based on race. She cannot state that the position that their deaths were not based on race is a “racist trope,” which requires facts and evidence showing that either or both deaths were race-related.

There is no such evidence in either case. None, Not a shred, not an iota. Lindy West is calling Megyn Kelly a racist based on an assumption she holds because it is cant within her circles despite no evidence whatsoever. That is unethical punditry, and no responsible newspaper should allow such falsity in print. Continue reading →

The Democratic National Convention Presents The Most Unethical Use Of Mothers Yet

/ Jack Marshall / 18 Comments

Mothers

The Republicans exploiting the grief of Patricia Smith, the mother of a young man slain in the 2012 Benghazi attack, by putting her on the party’s convention program was irresponsible and ethically revolting, especially from a party that (correctly) labelled Cindy Sheehan a grief-addled nuisance when she was protesting the Iraq War. Smith’s emotional rant against Hillary Clinton was pure grief porn, and expanded the sensationalist  trend in the news media (and legislative hearings) to use the most conflicted and biased figures imaginable—the loved ones of victims of tragedy—to frame a controversial issue in complex events.

Naturally, the Democratic Party’s allies in the media returned the hypocrisy many-fold. Maureen Dowd of the Times, who had pronounced Sheehan as someone with “absolute moral authority”—because having one’s son killed instantly makes you an authority on foreign affairs, at least when a Republican President is in office—was silent about Smith’s moral authority as she was attacked by critics, including the Washington Post, Chris Matthews, and a GQ writer who wrote that he wanted to “beat her to death.”

Foolishly, I took these attacks as  a hopeful sign that the Democrats and progressives were maturing ethically, and had rendered the proper ethics judgment that by prioritizing emotion over reason, it was unfair, misleading, exploitive and irresponsible to use grieving mothers this way. No, it wasn’t hypocrisy. It was ethical growth. Democrats, unlike Republicans, now knew this was a cheap and tawdry tactic, and they would no longer stoop so low.

Boy, am I gullible.

It was hypocrisy, and the Democrats wouldn’t stoop as low as Republicans, they would stoop much, much, much lower.

Among those who appeared on the Hillary Clinton coronation stage last night were members of Mothers of the Movement, an offshoot of Black Lives Matter. Though the message spoken by these women appeared to be about police brutality, unjustly killed black men and the need to ban guns, their commonality was only this: all of them were mothers of African Americans who died violently, and all of them blame whites, police, guns, the justice system or the United States of America, regardless of evidence, the findings of juries, and investigations. That is a fair description.

Let’s look at the women who appeared on stage: Continue reading →

New Hampshire Reflections: Let’s Leave Aside The E-Mail And The Lies For Now: Hillary’s Reaction To Adversity Shows She Is Unfit To Lead

/ Jack Marshall / 13 Comments

I freely admit that it is unfair to use unflattering photos like this, which Drudge is featuring today. But it made me laugh, and maybe it will brighten someone else's day.

I freely admit that it is unfair to use unflattering photos like this, which Drudge is featuring today. But it made me laugh, and maybe it will brighten someone else’s day.

Preface: I’m not going to bother pointing out the obvious about Trump and his supporters, nor harp on the fact that the man used both “fuck” and “pussy” in recent speeches. Nothing has changed regarding the national embarrassment of his ugly candidacy, nor the utter idiocy of anyone who would be willing to have him by the face of the United States of America. If there are any readers here who support him, they have the good sense to sit silently in the Ethics Alarms cellar with Justice Scalia’s metaphorical bag over their heads. This post remains the verdict on Trump here. It’s five months old, and nothing has changed. Please circulate it to your dumbest friends.

Most of the Ethics Alarms posts about Hillary Clinton’s atrocious ethics and untrustworthy character have focused on her influence peddling, her conflicts of interest, her hypocrisy and her dishonesty. I keep hearing and reading desperate Democrats nonetheless rationalizing their supporting Clinton because of her alleged competence. We are seeing, right now, how she responds to adversity, stress, competition and crisis. What we are seeing isn’t competence by any definition.  Hillary is showing the nation  that under pressure and in crisis, she becomes angry, stonewalls, jettisons principle and ethics, and makes panicky, ill-considered statements and decisions, and defaults to “the ends justify the means.”

Exhibit #1: The Wall Street Speeches Defense.

We won’t know unless they turn up, but it’s pretty clear to everyone—isn’t it?— why Clinton’s $600,000 speeches to Go9ldman Sachs are a problem, and why she hasn’t turned over the transcripts. Companies don’t pay that kind of money to have their employees told that they are evil and their business is a blight on humanity. They do pay money to curry favor with a woman then assumed to be on an unstoppable path to the White House. The Washington Post’s Chris Cilizza connected the dots…

“My guess is that in the speeches, Clinton acknowledges her various friends and acquaintances at Goldman Sachs (and other Wall Street firms) and praises them for the work they are doing. “You guys get a bad rap but . . .” Yes, it’s standard-issue small talk. But it could look really, really bad in the context of the campaign. Imagine a transcript of Clinton speaking to some big bank or investment firm, thanking a litany of people she’s “been friends with forever” and praising the broader enterprise for “all you do.”

Of course. Cilizza minimizes it, saying that it “would look bad,” but in fact it is bad. Hillary can’t make the sweeping statements she has (in order to imitate Sanders) about how she will be tough on Wall Street villains, when she not only accepted huge speaking fees from the same people she says she will fight, but also fawned all over them when they were face to face. Already one attendee of a Goldman Sachs speech has supported Cilizza’s thesis. Maybe he’s wrong, and there’s exactly one way to find out. A confident, honest, competent and transparent leader would release the speeches, and explain the discrepancy between what she told the Wall Streeters then and what she says now, being ready and to answer the obvious question, “If you’ll lie to them, why wouldn’t you lie to us?”

Instead, Clinton sent her #1 surrogate,Bill, to make the hilarious accusation that Sanders was hypocritical to attack her Wall Street speaking fees. After all, Bill told one New Hampshire audience this week, Sanders, has given paid speeches too! This is the level of respect with which President Clinton, the female one, would treat the public. In 2013, Sanders received speaking fees totaling  $1,500, which he donated to charity as required by federal law. In 2014, he got $1,850 for paid speeches. Hillary Clinton made and kept over $21 million during the same time period.

A competent President has to be able to spin better than this. That aside, this shows us that a Clinton Administration would be, if possible, even less transparent than the current one.

Exhibit #2: Race-baiting and Division Continue reading →