fairness

Why Yes, Krystal, There IS A “Candidate For Congress Who Is Photographed Sucking The Phallic Red Nose Worn By Her Reindeer Attired Husband At A Christmas Party Principle,” And It Isn’t A Double Standard At All, As You Will Learn As Soon As There IsA Male Congressional Candidate Photographed Doing the Same Thing. Now Shut Up, Please.

/ Jack Marshall / 13 Comments

Krystal-Ball

I’m sorry, I can resist this.

In 2010, Krystal Ball was a 28-year old, almost credential and experience free Democratic Party nominee for United States Congress in Virginia’s 1st congressional district in the 2010 election. She lost to Republican incumbent Rob Wittman. During the campaign, old photographs surfaced of Ball and her then-husband at a college Christmas party, showing her dressed as “bad Santa,” leading her husband, dressed as a reindeer, around S and M style by a leash, and sucking on his long, fake, phallic red nose.  Like this:

Krystal Ball 5Krystal Ball 1

(By the way, I had mentioned this episode very briefly in 2010, and promptly forgot about. Ball is the one, as we say in the law, who “opened the door” again.)

Although she lost by a 2-1 margin, Ball made the rounds of various TV talk shows exploiting the salacious aspects of the photos (for this is what the programs were interested in) and playing the victim, arguing that the photos were used against her because she was a woman. The exposure, combined with the fact that she is physically attractive—this sexist standard doesn’t bother her, oddly— launched her current career as a pretty talking head, if not an especially enlightening one. (Naturally, she roams on MSNBC.)

Krystal was on Fox News yesterday whining yet again about her 2010 defeat and blaming it on the photos and a “double standard.” “I think that we should look at the example of Scott Brown,” she told a sympathetic Megyn Kelly. “He had pictures from the same age as those pictures of me, only he was completely naked, in the centerfold of a national magazine, and it was not even a bump in his campaign; in fact he has even said that it helped him a little bit in his campaign. And I’m not holding anything against Senator Scott Brown… that’s as it should be, in my view, because those kinds of things to me are not relevant to the campaign trail. And I do think there’s a double standard.”

Baloney. Continue reading →

This Is NBC: With All The Ethical Reasons To Fire Donald Trump, It Picks An Unethical One

/ Jack Marshall / 19 Comments
Dignity...always dignity.

Dignity…always dignity.

It has happened here with Bill Clinton, Bristol Palin, and many others: this is the downside of running a website committed to fairness. I have had to come to the defense of some very unethical people through the years, but I can’t think of anyone I detest defending more than Donald Trump.

From the AP:

“NBC said Monday that it is ending its business relationship with mogul and GOP presidential candidate Donald Trump because of comments he made about Mexican immigrants during the announcement of his campaign.”

Let me count the lies:

1. Anyone, including AP, who believes this is why NBC fired Trump is too gullible to function in society. He was fired because Mexico, Univision and illegal immigration advocates were threatening to make NBC’s life miserable. If what Trump said mattered to NBC, NBC would have fired him shortly after he said it.

2. Trump said nothing about Mexican immigrants. His much-maligned quote discussed illegal immigrants from Mexico “bringing drugs, they’re bringing crime, they’re rapists and some, I assume, are good people.”  The unethical and dishonest effort by the news media to confuse the immigration issue and the crucial, material distinction between legal immigrants, whom the nation should welcome, and illegal immigrants, which it should not and must not, is more harmful than anything Trump has said on the topic.

3. The statement is deceitfully phrased to represent what Trump said as a slur on Mexicans, as a racist statement. Trump was talking about, in his typically lazy, crude fashion, our national problem of  unchecked illegals streaming across the Southern border, and the undeniable fact that this group includes criminals and rapists (like here, here, here…how many examples do you want?), as well as “good people.” Trump obviously wasn’t claiming that all illegal immigrants were criminals and rapists, because that would mean that some of the criminals and rapists would also have to be “good people.” But Mexico, which counts on us to solve their social problems for it, and illegal alien activists, who don’t want Americans to know that many of those sneaking into our country are not the salt of the earth, but quite the opposite, have successfully imposed a political correctness embargo on speaking the unpleasant truth.

Now on to the hypocrisy. NBC firing Trump is not just a little like, but almost EXACTLY THE SAME AS A&E firing Duck Dynasty’s scion Phil Robertson for public statements that were completely consistent with the reality star’s persona as A&E understood from the moment it inked a contract with him. The same is true of Trump’s trademark bluntness. The one difference: Robertson’s homophobic statements were blunt and ignorant, while Trumps statements about illegal immigrant were blunt and true. Continue reading →

The Case Of The Trash-Talking Doctors, And The Price Of Trust

/ Jack Marshall / 66 Comments
So, did you hear the one about why surgeons wear those masks?

So, did you hear the one about why surgeons wear those masks?

When I first heard about this case, I thought the jury award of $500,000 was ridiculous. The more I think about it, the more I begin to think it was appropriate.

Before his colonoscopy, a Vienna, Virginia patient pressed record on his smartphone, not intending to record everything that was said but ending up with the entire proceedings anyway. That was a half-million dollar stroke of luck for him, and the confirmation of dark suspicions for the rest of us. The resulting recording revealed that the surgical team amused itself by insulting and demeaning the semi-conscious anesthetized man throughout the procedure.

The anesthesiologist, Tiffany M. Ingham, was the ringleader and the primary offender.  Among her inspired bon mots… Continue reading →

The Most Unethical Prosecutor Of All: Baltimore’s Marilyn Mosby

/ Jack Marshall / 12 Comments

Mosby

In a legal ethics seminar I taught this week for government attorneys, the vast majority of them voted that Marilyn Mosby’s vainglorious announcement of charges against six officers in the death of Freddie Gray was prosecutorial abuse, and a blatant violation of professional ethics rule 3.8, which directs that (this is the Maryland version)…

The prosecutor in a criminal case shall:

(a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;

…
(e) except for statements that are necessary to inform the public of the nature and extent of the prosecutor’s action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused and exercise reasonable care to prevent an employee or other person under the control of the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6 or this Rule.

Of course it was a breach of ethics, and an outrageous one. Her statement, which I discussed here, not only overstated her justification for bringing the charges, which were rushed and announced before a careful investigation was completed, it also stated that the officers were guilty, and worse, that the charges were being brought because the demonstrating and rioting protesters has demanded it. Mosby’s words suggested that she stood with the mob. Continue reading →

Wait, Should I Change The Name Of “The Niggardly Principles” To “The Pachycephalosaurus Principles”?

/ Jack Marshall / 29 Comments

Pachycephalosaurus

Are P.C. crazies attacking “Jurassic World” for using for the supposedly racist term “packies” in the film? Don’t these fools realize that their argument is even dumber than that of the illiterate clods who briefly got a D.C. government worker disciplined for using the word “niggardly” in a meeting?

Well, no, despite what you may have heard, nobody in the U.S. is that far gone. That hasn’t stopped conservative anti-P,C. warriors from falsely claiming otherwise, though.

“Packie” is a nickname used in the fictional dinosaur park for the Pachycephalosaurus, a dome-skulled creature that was also featured in “The Lost World,” the second “Jurassic Park” sequel. Exactly what else would you call them? Even by the standard of dinosaur names, this is a tough one, and a short, easily pronounceable monicker is both necessary and potentially life-saving. By the time someone has spit out, “Look out! There’s a charging Pachycephalosaurus coming right for you!,” you are mashed, believe me. What’s the alternative, “Phaloses”?  That has its own problems “Pachies” is the obvious and reasonable choice.

Yet because an escape of  these prehistoric things from their enclosures in the theme park causes  one character to shout, “The Packies are out of containment!,” Twitter users, commentators, political correctness fascists and insane people are seriously accusing the film of being “racist” in Great Britain, where “packie” is a racial slur for something or other: I really don’t care. It has nothing to do with the Pachycephalosaurus, dinosaurs, or “Jurassic World.”  Thus the Independent, echoing many Brits on social media, called the line “very racist.” That’s moronic, of course. Continue reading →

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

/ Jack Marshall / 9 Comments

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 →

Obama’s Remarks On The Charleston Shooting Were Unethical, And Here’s Why:

/ Jack Marshall / 44 Comments
Because every tragedy is a chance to sell policies on emotion alone...

Because every tragedy is a chance to sell policies on emotion alone…

President Obama’s comments this morning again emphasized his tendency to stoop to reckless, careless and divisive rhetoric when far better is called for.

He said in part:

We don’t have all the facts, but we do know that once again, innocent people were killed in part because someone who wanted to inflict harm had no trouble getting their hands on a gun.

Now is the time for mourning and for healing. But let’s be clear. At some point, we as a country will have to reckon with the fact that this type of mass violence does not happen in other advanced countries. It doesn’t happen in other places with this kind of frequency.

And it is in our power to do something about it. I say that recognizing the politics in this town foreclose a lot of those avenues right now. But it’d be wrong for us not to acknowledge it, and at some point, it’s going to important for the American to come to grips with it and for us to be able to shift how we think about the issue of gun violence collectively.

The fact that this took place in a black church obviously also raises questions about a dark part of our history. This is not the first time that black churches have been attacked, and we know the hatred across races and faiths pose a particular threat to our democracy and our ideals….

Observations:

1.  How does Obama know that the shooter had “no trouble getting their hand on a gun”? He doesn’t know that, and it is a misstatement  to say that this assumption of his is a fact. We know that the shooter had a gun when he used it, and that’s all. For all Obama knows, he had a very difficult time getting his hands on a gun. For all Obama knows, it took the killer months, accomplices, money, elaborate maneuvers. Or is he saying that having a gun at all is proof that it was too easy to get one? What does that suggest?

2. Obama waited barely a few hours before politicizing a tragedy, and using it to stump for his gun policies. This was inappropriate, disrespectful, crass and cynical.

3. Reasonable and enforced gun regulations are necessary and rational, but it is intellectually dishonest —and politically inept—to use this kind of an incident (or Newtown) to promote them. Nothing short of outright gun banning will stop people like the Charleston shooter from acquiring guns, and gun banning is not going to happen, ever, nor should it. The anti-gun zealots who would love to see guns banned just respond to the Pavlovian stimulus of this kind of rhetoric, and the pro-gun nuts will see this as an outright effort to repeal the Second Amendment. This kind of statement accomplishes nothing but to gin up “the base,” and, frankly, I think that’s all it’s intended to do. Continue reading →

CNN Brings Us The Anti-American Cheap Shot Of The Year In Response to The South Carolina Massacre

/ Jack Marshall / 25 Comments

Roof

Seconds ago, I just heard a guest on CNN—I didn’t notice his name, and I don’t want to know his name—tell Carol Costello that not only was church shooter Dylann Roof (above, and now in custody) sick, but that there was a great “sickness in a country that could produce a Dylann Roof,” who could pray with a congregation and then slaughter the people he just prayed with.

Carol Costello, true to her shameless, unthinking, knee-jerk jerkish soul, just nodded in agreement. Heaven forbid that she might contradict a solemn African-American race-baiting hack who had just impugned an entire nation based on the conduct of a single deranged man among 319 million.

Why stop with judging the nation by this act? Surely it proves the vile attitudes of the white race, the toxic values of males, and the inherent evil of gun owners. It proves that churchgoers are hypocrites, and that 21 year-old males are the violent, potential rapists that college campuses are now being urged to so treat them.

This CNN guest was succeeded by Costello favorite Michaela Angela Davis, daughter of the infamous Berkeley Sixties radical (and criminal) Angela Davis, who proclaimed that Roof was typical, that before this administration such crimes went unnoticed—gee, I wonder how many church massacres were covered up by those racists in the Bush Administration?— and that the attack was definitely racist terrorism, particularly because this Charleston church was important in civil rights history, and the oldest African American church still standing in the South.

Again, Costello uncritically went along with these ideological leaps.

How did Davis know that Roof chose that church for its historical significance, or was even aware of its significance? She didn’t; nobody did. Do we know that he was only interested in shooting blacks, or that when he reportedly stated that he wanted to kill blacks, he wasn’t planning on visiting other churches to announce, “I want to kill Hispanics/Asians/Catholics/Jews/ Whites”? No, we don’t.

Airing such inflammatory, premature, evidence-free assumptions is incompetent and irresponsible journalism. Endorsing an unconscionable anti-U.S. culture, history and values cheap shot like that of Costello’s previous guest is a breach of citizenship as well.

To be fair, though, CNN is getting faster at inflaming public opinion following race-related tragedies.

Practice makes perfect.

 UPDATE: CNN’s John Berman just interviewed an African-American pastor in Charleston who said, “If you can’t be safe being black in a church, where can anyone be black in the country?”

What the hell does that mean? Berman’s awkward response:

“Good point.”

No, John, it is an emotional, incoherent, inflammatory, fear-mongering point.

A Woman On The $10 Bill, Because Pandering To The Democratic “Base” Is One Thing The Obama Administration Can Do Competently

/ Jack Marshall / 20 Comments

Hillary-Money

I guess they couldn’t announce that they were putting Hillary on the $10 bill as the first female President because she isn’t dead. This also ruled out such equally worthy possibilities as Sandra Fluke, Gabrielle Giffords, Mattress Girl, Caitlyn Jenner and, of course, Michelle.

Yesterday’s announcement by Treasury Secretary Jack Lew was inevitable the second a feminist started lobbying for it. Never mind that that her effort was ignorant and self-refuting: the list she generated of women proposed as potential faces on the currency contained none whose historical contributions to the nation come within miles of the achievements of Alexander Hamilton, Andrew Jackson, George, Tom, Abe and Ben. Some of the women—Patsy Mink?—are footnotes at best, one (Margaret Sanger) balanced her leadership of the birth control movement with ugly advocacy of white supremacy and eugenics,  and one of the most qualified candidates, Abigail Adams, didn’t make the list at all.

In a year in which President Obama’s party is trying to justify running a corrupt, unqualified, untrusted candidate for President on the sole justification that she has a vagina, nothing was going to stop his administration from putting someone on a bill for the same “reason,” as well as the other reasons, affirmative action, cynical group identification politics, and trying to deflect attention from this crew’s utter incompetence in matters of national interest and substance.

For example, the week has been filled with the jaw-dropping story of how the Office of Personnel Management was hacked by China as a result of utter, unforgivable management incompetence. You know, like the utter, unforgivable management incompetence (or worse) at Justice, HHS, the Secret Service, the IRS, the Veterans Administration, Homeland Security, the TSA, Hillary’s State Department and others—I don’t want to rub it in by running the whole list. You can read about the OPM calamity here, here, here , here and here for a start, then watch this to clear your palatte, as in throwing up. Continue reading →

Statutory Rape Case Study: The Ethical Necessity Of Prosecutorial Discretion

/ Jack Marshall / 31 Comments

animal-house-1

Reason tells the troubling story of computer science majoring college student Zach Anderson, 19, who made the acquaintance of a girl  on the “Hot or Not?” app. He was in Indiana, she was in Michigan, a short drive away. They arranged a sexual liaison, a one-time hook-up. The girl lied about her age, though, in person and on her website profile: she was really just 14, just like innocent Larry “Pinto” Kroger’s seductive girl friend in “Animal House” (shown above in her last-second moment of candor*) and thus unable to legally consent to sex. Unlike Pinto, Zach’s fate wasn’t amusing. He  was arrested and tried.

The girl admitted that she lied about her age, and her parents didn’t blame Zach. They asked that the case be dropped. It wasn’t. Without a defense on the facts of the case, Zach made a plea bargain, pleading guilty in exchange for the prosecutor’s promise not to oppose his request for leniency under a Michigan provision for first-time sex offenders under 21 that allows them to avoid off the sex offender registry. The prosecutor then double-crossed him, technically not opposing leniency but reminding the judge that he had rejected such appeals to the leniency provision in the past. (Yes, that is opposing it. Yes, that’s unethical. Yes, the prosecutor is an asshole.)

Then Berrien County District Court Judge Dennis Wiley sentenced Anderson to 90 days in jail and placed him on the Sex Offender Registry for 25 years, lecturing him: Continue reading →