Ferguson Ethics Train Wreck

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 →

Morning Ethics Warm-Up, 8/15/2019: Starring Two Of My Favorite Unethical Websites!

/ Jack Marshall / 29 Comments

WAKE UP!

Oh, great: started this post at 7 am, hell broke lose at ProEthics, and now it’s after noon. Well, the hell with it: I’m not going back to change the headline or the intro, and I like Lenny’s version of the Stars and Stripes at any time of day.

So there.

1. Unprofessional and dangerous stuff from  Above the Law….as usual. The legal gossip and snark online tabloid is run and written by lawyers who are not practicing law, so they feel free to engage in conduct that lawyers are forbidden from engaging in, like misrepresentation.  Lately the cyber rag has been cyber-ragging on Jones Day, a long-time, distinguished D.C. mega firm. Why are they doing that? Come on, it should be obvious.

ATL takes the position—and it has company— that Jones Day is eeeevil and must be shunned because it represents the Trump campaign. Hence you get headlines like “IF YOU HAD TO GUESS WHICH FIRM WOULD DO THIS:New allegations claim Jones Day lightened the skin and narrowed the nose on the picture of one of their lawyers.” Continue reading →

Addendum: To Be Fair, Elizabeth Warren Wasn’t The Only Democratic Presidential Candidate Who Lied About The Death Of Mike Brown Last Week. She Was Just The Worst…

/ Jack Marshall / 6 Comments

Last week, on Friday and Saturday, Democratic Presidential candidates Elizabeth Warren, Rep. Tim Ryan,  Cory Booker, Kamala Harris, Beto O’Rourke, Kirsten Gillibrand, Bernie Sanders, and New York City Mayor Bill de Blasio all tweeted out deliberately false statements about the shooting of Michael Brown in Fergusen, Missouri 5 years ago, all apparently doing so to pander to African Americans, especially those who don’t read newspapers.

Ethics Alarms focused on Warren, being the biggest and most shameless demagogue of the group, in this post, which concluded,

“Warren isn’t intellectually lazy, or flummoxed by a false narrative. She is pandering. She is lying. She is doing what she evidently thinks will gain her power and the Presidency: saying what she thinks will attract needed support, even though she knows, knows, that it is false. Warren is a law professor and a litigator, and from all reports skilled in both roles. She knows that the facts made it obvious that Brown wasn’t murdered. She knows that competent, fair citizens must not call other citizens murderers when not only have they not been charged, tried, or duly convicted, but when authorities have concluded that there is insufficient evidence for an official accusation.The tweet isn’t a mistake or an opinion. It is a deliberate lie, a public and a defamatory one. I see no reason why Darren Wilson could not sue Warren and win.”

That is still accurate and true. Several Ethics Alarms readers pointed out that Kamala Harris also advanced the long de-bunked narrative that Mike Brown was a nice, friendly, “gentle giant” heading for college who was gunned down by a racist cop while holding up his hands and pleading for his life. Continue reading →

“Unethical” Is Too Mild To Describe Elizabeth Warren, And “Gullible” Is Too Nice To Describe Her Supporters

/ Jack Marshall / 42 Comments

Above is what Massachusetts Senator Elizabeth Warren, who presumes to tell us that she is qualified to be President of the United States,  tweeted to her followers last week. This deliberate and disgraceful lie could be presented on Ethics Alarms as evidence that Warren is an Ethics Dunce. It would easily qualify as an Unethical Quote of the Week (Month…Year…). It is fully qualified as an Unethical Tweet of the Week, in a category that is becoming increasingly contested. None of these, however, quite capture the miserable, cynical, disgusting nature of Warren’s statement. 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 →

“Antigone In Ferguson”: Embedding The Lie

/ Jack Marshall / 29 Comments

Mike Brown’s father during a discussion after the performance.

“Antigone in Ferguson”  premiered at Normandy High School, Michael Brown’s alma mater, in September of 2016. Now the Harlem Stage is presenting it in New York City, Off-Broadway. A play is a play and art is art; artists are going to enable juvenile, half-baked and even destructive political ideas and themes, and playwrights will turn their perceptions of reality into stagecraft that they often are far more qualified to execute than the task of making sense out of the world. This drama was conceived and directed by the activist playwright Bryan Doerries in response to the shooting of Michael Brown in Ferguson, Missouri four years ago,  overlays the structure of the ancient Sophocles Greek tragedy with a distorted version of Brown’s death and its aftermath. The goal, says the sympathetic—complicit may be a better word—New York Times, is “to open the door on the thoughts and feelings aroused by the shooting of the 18-year-old Mr. Brown by a white police officer, and by the protests that followed. ”

The play is championed by the Brown family, which means that in part it exists to perpetuate a politically useful lie and the  apparently invulnerable narrative that Brown was the innocent, sweet-natured victim of a racist cop who murdered the teen in the streets of Ferguson, and then got away with his deed because the white justice system is bent on killing young black men.

This quite simply is not what happened. The racialist Obama Justice Department was eager to be able to show that the officer was a killer, but in the end, despite the sympathetic spinning of the news media for months, the evidence did not support that conclusion, and no charges could be brought. Mike Brown, stoned and freshly off roughing up a storekeeper, resisted a lawful arrest, tried to grab a police officer’s gun, and then, when he focused his imposing 300 pound mass on charging the smaller cop who arrested him, got himself shot—stupidly, needlessly. His friend on the scene, however, quickly concocted the “Hands up! Don’t shoot!” exchange that never happened, and as that false version slowly twisted its way from slogan to protest to debunked myth, the facts of Brown’s case were neatly discarded for a narrative that advances the cause of division, anti-police bias, racial hatred, and more. Continue reading →

Ethics Dunce: The American Bar Association

/ Jack Marshall / 13 Comments

Res Ipsa Loquitur: The American Bar Association  Section on Civil Rights and Social Justice will bestow the prestigious Thurgood Marshall Award on former Obama U.S. Attorney General Eric Holder during the ABA Annual Meeting in Chicago on August 4. It has been obvious for a long time, but if anyone needed any further evidence that the ABA is now a full-fledged partisan left-wing organization masquerading as an objective professional association, this is it. Holder wasn’t just a bad AG, he was a political one in what is supposed to be a non-political office. He was also racialist, and obviously so, regularly coordinating with Al Sharpton and his followers, and constructing a Civil Rights division that adopted the position that only whites could engage in civil rights violations.

Holder should have disqualified himself from any professional awards, not to mention his high office in the Obama Administration, when he gave the green light to President  Clinton’s  infamous pardon of Democratic donor Marc Rich (aka. Clinton’s quid pro quo for his ex-wife’s  fat donation to his Presidential library). In fact, it was a defining moment, and having defined himself as a partisan lackey, Holder was exactly what President Obama wanted at Justice. Holder intervened in the Trayvon Martin case to signal it as a race-related crime in the absence of any evidence, and did likewise in the Michael Brown shooting, lighting the fuse of racial distrust and community anger at police. Then he called the United States a “nation of cowards” regarding race relations. The real coward was Holder, who used his race—he was the first black Attorney General—to shield himself from the accountability and criticism his mishandling of his office deserved.

Holder was held in contempt of Congress—and allowed the captive news media to call the action “racist”—after he withheld documents and key witnesses from oversight committees looking at several scandals in which his Justice Department was complicit. Notable among them was the “Fast and Furious” fiasco in which the government allowed Mexican drug gangs to get high-powered weapons, one of which ended up killing an American. Holder actively misled Congress in testimony under oath.ore than once.  He sought significant reductions in privacy and due process protections for citizens—civil rights? Hello, ABA?— and personally announced and supported Obama’s “kill list” policy, in which the President asserted the right to kill any U.S. citizen on his sole authority without a charge or due process.  Holder let his  department apply the controversial Espionage Act of 1917 to bring twice the number of such prosecutions under the Act that had occurred under all previous Attorneys General.  He led the Obama Administration in a campaign against government whistle-blowers. Holder championed warrantless surveillance (Civil rights? Hello?). Most damning of all given the title of his upcoming award, Holder was personally involved in targeting journalists for surveillance and  was the leader of an Obama administration attack on the news media that was condemned by many public interest and media groups. Holder’s Justice Department seized phone records for reporters and editors  at three Associated Press offices as well as its office in the House of Representatives. Under oath, Holder later claimed to know nothing about any of it.

Writes Prof. Jonathan Turley, who has written many searing articles documenting Holder’s disgraceful tenure at Justice,

“Holder’s “contributions” cost civil liberties dearly in this country. If the ABA is to give him this award, it could at least spare civil libertarians and journalists the reference to civil liberties.”

_______________

Note: You can read the various Ethics Alarms documentation of Holder unethical words and conduct here.

This one is probably my favorite, from 2014.

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 →

Morning Ethics Warm-Up: 7/10/17

/ Jack Marshall / 41 Comments

Morning, All!

(That’s a Flat Earth sunrise! I couldn’t resist...)

1. I’m encountering Ethics Alarms ethics alarms. For example, is it unethical for me to choose not to fix the typos in a comment from an obnoxious commenter? I generally fix mistakes when they turn up in comments from regulars here, or missing words and letters in first posts by newcomers. But the other day an annoying commenter of recent vintage registered a comment that seemed as careless as it was badly reasoned, and had several typos.Yeah, I fixed them. But I didn’t want to.

Then, after a long period without any blog banishments, I banished a commenter yesterday whose first post was really poor, and whose last was insulting in response to my pointing out just how poor it was. As I told him in the exit response, he had triggered The Stupidity Rule. I really don’t allow stupid people to comment here once I determine that they are hopeless. Is that wrong? Elitist? Mean?

I don’t want to keep explaining things to people whose comments indicate that they have preconceived notions, unshakeable biases, inadequate education and training in critical thinking, and are under the impression that an uninformed opinion is worthy of publication because it’s theirs. Yesterday’s exile also made the fatal error of criticizing the blog because it was “judgemental.” Yes, it’s a blog in which we analyze whether conduct is right or wrong, or something else. That demands judgment, and being judgmental. The fact that the matter at issue was a lawsuit—you know, before a judge?—and the commenter still made that observation anyway sealed his fate, even before he wrote that I was bald and presumably “repulsive to women.”

Wait…I’m bald???

2.  The University of Missouri, aka Mizzou, is in crisis as a direct result of its administrators craven capitulation to race-based extortion triggered by general angst and the Ferguson Ethics Train Wreck in 2015. Before the protests (which were based on nothing specific at the University that was ever demonstrated by the protesters, other than the President refusing to bow to demands that he condemn random reported racial incidents that didn’t involve students), Mizzou was thriving, growing, and building new dormitories. Now, in response to the nationally publicized meltdown of common sense and adult supervision (climaxed by a  protester-allied communications professor, Melissa Click, being caught on video calling for “some muscle” to prevent a student reporter from recording an ugly campus confrontation), enrollment is down 30%. The university is  closing seven dormitories and cutting more than 400 positions, including  faculty members.

Good.  But from the comments of students and remaining faculty members, it doesn’t sound as if the right lessons have penetrated the campus culture’s race-addled skull. Continue reading →

Ethics Quiz: The Ferguson Settlement

/ Jack Marshall / 31 Comments

News Item:

The parents of black teenager Michael Brown and the city of Ferguson, Missouri, have settled a lawsuit over his fatal shooting by a white city police officer in 2014, according to a court document filed on Monday. …Terms of the wrongful death settlement between Ferguson and Brown’s parents, Michael Brown Sr. and Lesley McSpadden, were not disclosed. U.S. District Judge E. Richard Webber approved the settlement and ordered it sealed.

“The gross settlement amount is fair and reasonable compensation for this wrongful death claim and is in the best interests of each plaintiff,” Webber wrote. Both James Knowles, the mayor of the blue-collar, largely black St. Louis suburb, and Anthony Gray, the lead attorney for Brown’s parents, declined to comment.

Wait, what?

A thorough investigation found Officer Wilson guilty of no crime, nor did the shooting appear to be the result of officer malfeasance or negligence. Brown’s parents, Michael Brown Sr. and Lesley McSpadden, meanwhile, took extraordinary measures to stir up racial hatred and anti-police sentiment, not just locally but nationally, sparking deadly riots in Ferguson and elsewhere, and leading to attacks on police. They even made a human rights complaint to the United Nations, based substantially on a lie (“Hands up! Don’t shoot!”) concocted by their son’s friend and credulously reported as fact by the news media. By what theory are Brown’s parents deserving of damages from Ferguson? By agreeing to this settlement, is not Ferguson setting the precedent that any time a black suspect is shot by a white police officer, it is a wrongful death mandating damages?

Your Ethics Alarms Ethics Quiz of the Day:

Was this settlement, whatever the amount, ethical?

I’ll launch the debate by saying that the city probably had no choice but to settle, as the sooner this whole catastrophe can get in the rear view mirror the better off the city will be. In the narrow sense, then, the settlement was in the city’s best interest and the responsible course.

Long term, however, I see nothing but bad results flowing from this result. If Wilson was not wrong, then Brown was at fault. If Brown was at fault, his family should not benefit. If Ferguson paid out a significant amount when its police officer behaved reasonably, then Ferguson just set a precedent that Black Lives Matter could have authored in its dreams.

If a black victim is shot by the police, it is  racism and a wrongful death per se, whatever the facts are.