Ferguson Ethics Train Wreck

Comment Of The Day: “After The Brooklyn Cop Murders, The Sound Of Spinning: WindyPundit Takes On My ‘Smear'”

/ Jack Marshall / 26 Comments

Neil Dorr is among my favorite regular Ethics Alarms commenters, because he is passionate, articulate and fearless, and because he disagrees with me about 85% of the time. I’m also fond of Neil because he is part of an esteemed father-son team here: Karl Penny, his dad, had registered his commentary at Ethics Alarms since its launch. Neil informed me this month that his father had died, suddenly and unexpectedly. It is strange: I had never met Karl face-to-face, but I feel like I have lost a friend, so vivid and good-natured were his periodic communications here. Neil, of course, has lost far more, and my heart and good wishes go out to him and his family.

Someone had to register this response to my conclusions regarding the assassinations of two police officers in New York. I assumed that this would be the reaction of many and perhaps the majority, which is why I almost didn’t post my position. I know it walks into the spinning propeller of predictable resistance to truth-telling on this issue.

The media is already doing a bang-up job confusing the public and muddying the water, primarily by misrepresenting the situation as a) a dispute over “police abuse,”when the issue is the presumed racism of the system; b) focusing on NYC Mayor De Blasio, who is a minor player at best, and c) making it seem like the consequences of the despicable “Hands up!” propaganda are a local New York issue only. In this they have been ably assisted by clumsy blow-hards like Rudy Giuliani, who virtually made a straw man and handed it to his critics. “Is Giuliani correct in saying that President Obama started a propaganda campaign four months ago that “everybody should hate the police”? asked Washington Post “Fact Checker” on the way to giving Rudy four “Pinnochios.” Of course he wasn’t correct. I, however, am correct when I conclude that Obama and others have created an environment where African Americans fear and distrust the police, the justice system, and their fellow citizens who happen to be white more than any period since the Civil Rights movement. I know that Obama supporters  disheartened Democrats hate to hear this, and will resist accepting it like the approach of grim death. They can take solace, perhaps, in the fact that my influence on and ability to enlighten public perception is negligible, so with the help of the news media, accountability can be ducked once again, at least for a while. Maybe after the death toll rises sufficiently, people will be ready to listen….to someone else with a bigger megaphone, presumably.

Here is Neil Dorr’s Comment of the Day on the post “After The Brooklyn Cop Murders, The Sound Of Spinning: WindyPundit Takes On My ‘Smear,'” and yes, I will have a rebuttal at the end: Continue reading →

After The Brooklyn Cop Murders, The Sound Of Spinning: WindyPundit Takes On My “Smear”

/ Jack Marshall / 35 Comments
None for me, thanks.

None for me, thanks.

Mark Draughn, a.k.a Windypundit and the Ethics Alarms 2013 “Blogger of the Year,”  has swallowed the Kool-Aid, apparently, and decided to defend the race-baiters, from the tippety top of our government to the stygian depths of MSNBC, who have finally managed to get police killed in retaliation for the “racist murders” of Michael Brown, Eric Garner, and others. In his most recent post he challenged my analysis, and ended up making me feel pretty good about it. I love Mark’s blog and admire Mark’s mind, and if can’t do any better than this, I am obviously on firm ground.

I want you all to visit Windypundit, for Mark is terrific (usually), so I’m not going to go through the whole post, which you can read here. I will make a few salient observations though. Let’s play “Mark Says”:

Mark Says:

“I knew there would be people who would take Brinsley’s reputed motive and use it to smear protesters and activists who had spoken out against police abuse.”

1. Mark wrote this before my straw man post, and sure enough, he followed the script. It’s about “police abuse.” Right. Not race. Not the racism of whites, the hunting down of black men; not about how blacks can’t get justice even when they have been gunned down with their hands in the air. Indeed, it’s not “about” any of the irresponsible, exaggerated, inflammatory accusations that we have been hearing since Trayvon Martin was shot…and not by a cop, either.

2. “Reputed motive.” Mark thinks I am unfair to conclude that a killer who wrote online that he was going to kill some “pigs” in retaliation for police killing Mike Brown and Eric Garner killed the two police officers in retaliation for police killing Mike Brown and Eric Garner.  Got it.

3. I’m smearing protesters! These are, recall, protesters who, by their use of the “hands up, don’t shoot” theme, were smearing a specific police officer with the false claim that he was a racist and a murderer, though the evidence says otherwise, and smearing the integrity of the citizens on the grand jury who refused to indict him.  By extending this smear to police generally, they were also asserting that this—that is, the fictional racist murder of that “harmless, unarmed black teen” who had just tried to take the officer’s gun and was charging all 300 pounds of his body at Officer Wilson—was the potential orientation of all white police.  I was smearing them by pointing out that this was divisive, inflammatory, dishonest and irresponsible. Continue reading →

The Straw Man Cometh: Confronted With The Inevitable Results Of Their Race-Baiting, The “Hands-Up!” Crowd Claims It Was All A Misunderstanding

/ Jack Marshall / 8 Comments

strawmanargument

Don’t let them get away with this.

The Straw Man logical fallacy occurs when a person ignores the actual issue being debated and substitutes a distorted, exaggerated or misrepresented version of the opposing position that is easier to rebut. For years, there has been an organized effort in the Obama Administration, the progressive movement, the civil rights movement and among black activists to represent American society as racist, along with the American law enforcement system and justice systems, and to maintain  the false narrative that racism was responsible for several high-profile deaths of black men, and that specific police officers, such as Darren Wilson, were guilty of racist executions and exonerated by a racist system.

The strategy has been richly fertilized by relentless accusations that white voters and the Republican party hold racial animus against Barack Obama because of his race. The deliberately divisive effort has resulted in a level of fear, anger and distrust of white Americans in the African American community not seen in over half a century, with white police officers serving as the immediate targets. Predictably, two New York City cops were assassinated by a deranged black man after posting social media messages referencing the deaths of Mike Brown and Eric Garner, and critics have correctly stated that the reckless race-baiters have “blood on their hands.” Sensing that a looming tipping point may be going against their divide and conquer agenda, they are ducking and weaving like Muhammad Ali in his prime. Continue reading →

President Obama’s Unexpected Legacy: The Deadly Deterioration Of Racial Reconciliation And Trust

/ Jack Marshall / 40 Comments

Murdered cops

I really hate thinking this, much less writing it.

At this moment, race relations in the United States are in a more precarious and dangerous state than at any time since the 1960s. The arrogance, incompetence, biases, and in some cases intentional political machinations of the nation’s first African American President and his party are substantially and perhaps primarily responsible for this tragedy. This is a catastrophe for the nation and its society, though one that the mainstream media will deny, obscure, or refuse to admit. It is still true.

As we begin December 21, 2014, two NYPD police officers named Rafael Ramos and Wenjian Liu, one white and one Asian, are dead, having been assassinated by a deranged African American criminal who drove from Baltimore to New York in order to put “pigs in a blanket.” He announced his plan with message referencing the deaths of Michael Brown and Eric Garner, as well as “them” and “us”—“us” being black men, “them” being police officers.

You will hear and read Obama/Holder/Sharpton/ De Blasio defenders furiously denying the connection between these politicians’ repeated suggestions that white police officers were profiling black men and often killing them, and the racial hatred currently focused on police. They will say that the killer, Ismaaiyl Brinsley, was insane, and perhaps that he was more likely a lone wolf Islamic terrorist. The journalists  should be reminded that they were immune to such alternative theories when they blamed the Tucson attack that maimed Congresswoman Gaby Giffords on the rhetoric of Rush Limbaugh and Sarah Palin, even though the shooter in that case had no smoking hashtags that indicated any motivation other than insanity.

Ironically, their arguments apply fairly now, when they did not then. Re-read Paul Krugman’s infamous column from 2011, substituting the “climate of hate” he attributed to attacks on big government by conservatives (because, like the Michigan professor who authored this, Krugman doesn’t regard what he and other liberals express as hate, just well-earned contempt) with the real and deadly racial distrust and suspicion nurtured by the rhetoric of black leaders, progressive pundits, and others, suggesting that young, black men are being hunted down and killed for the crime of being black. Krugman won’t make that argument now, but if he had any integrity or objectivity, he would.

President Obama, elected on the promise that he would bring the races together, lit the long fuse for this unfolding disaster for our democracy in July of 2009, less than a year into his first term. A prominent African American professor, Henry Lewis Gates, Jr., acted like a jerk to a white Cambridge, Mass. police officer responding to a call, and was arrested for disturbing the peace. Obama, in the first of his many unethical pronouncements that interfered with local matters completely unrelated to his job, made public comments suggesting that Gates was treated unjustly because of his race. The facts indicated that Obama had impugned the character of not only a model police officer, but one recognized for extraordinary sensitivity in the area of black community relations. There was no public apology from Obama, however, and the fuse was lit. Continue reading →

Ethics Observations On The Brooklyn Police Shootings

/ Jack Marshall / 36 Comments

Hands up

Via Vox: Two Brooklyn police officers were shot and killed execution-style today by a lone shooter, an African American male named Ismaaiyl Brinsley, who had posted two messages on Instagram suggesting that he was putting “wings on pigs today” because “they take one of ours, we take two of them.”  The message was accompanied by hashtags referencing Eric Garner and Mike Brown. The shooter later killed himself, and had allegedly shot an ex-girlfriend as well.

Five Observations:

1. The dangerous escalation of rhetoric and the persistent  misrepresentation of facts by civil rights advocates, activists, journalists and pundits made this kind of episode nearly inevitable. You cannot flood the airwaves with constant references to “police shooting unarmed black men” as if there was an organized racist liquidation of blacks by police in the streets and not risk sparking violence from the hysterical, the deranged, the angry, the lawless and the desperate.

2. The irresponsible “hands up” protests did not cause these deaths, but they probably helped create the conditions that led to them. The shootings of the  two NYPD police don’t make the false “hands up” lie—which continues to assert that Michael Brown was executed when the evidence indicates he was not, and that there was racial bias involved, when there is no evidence of this at all—any more unethical, reckless or irresponsible than it already was. It was wrong from the beginning. It was wrong to assert these things before what happened in Ferguson had been investigated, and it was wrong to keep asserting them after it was clear that they were unsubstantiated or false. It is still wrong. It is still dangerous. Continue reading →

What Michelle Obama Calls Racism…Today, Anyway

/ Jack Marshall / 69 Comments

Target Michelle

The current People Magazine has a feature titled “The Obamas: How We Deal with Our Own Racist Experiences,” in which both Obama’s reflect on their personal experiences with a racist America. It begins like this…

“The protective bubble that comes with the presidency – the armored limo, the Secret Service detail, the White House – shields Barack and Michelle Obama from a lot of unpleasantness. But their encounters with racial prejudice aren’t as far in the past as one might expect. And they obviously still sting.”

Here is a relatively recent experience, the first one cited by Mrs. Obama in the article, that “stung”:

“I tell this story – I mean, even as the First Lady – during that wonderfully publicized trip I took to Target [in 2012], not highly disguised, the only person who came up to me in the store was a woman who asked me to help her take something off a shelf. Because she didn’t see me as the First Lady, she saw me as someone who could help her. Those kinds of things happen in life. So it isn’t anything new.” 

That’s right, Michelle feels—or says she feels—that this incident was proof of incipient racism, one of the “micro-aggressions” that white society inflicts on African Americans daily, sapping their self-esteem, confidence, and trust in society.

She’s right that it “happens in life” and isn’t new. In fact, it happened to me, in the local Target, coincidentally, just last month. A very short elderly Asian woman asked if I would take down a large container of laundry detergent from a high shelf. Obviously, she thought I worked at Target and was denigrating me, applying racial stereotypes to a large bald Greek-American man.

I can say with no hesitation whatsoever that what happened to Michelle at Target was not an incident of racial stereotyping. The photo above shows how Michelle was dressed on the fateful day, and anyone who would mistake her flowered blouse, Nike hat, shades and shopping cart as the uniform of a Target employee had recently escaped from a Home for the Bewildered. What wasn’t new about the encounter is that in a healthy, ethical community strangers should ask each other for kindly help and assistance, and normal, non-paranoid, non race-obsessed citizens—and especially their leaders, who are supposed to model responsible  behavior— ought not to be so warped by ideologically-dictated confirmation bias that their immediate reaction is, “Hmmmm…what did she mean by that?” Continue reading →

The Michel Martin Question I Didn’t Answer This Morning, and More On The Bill Cosby Scandal

/ Jack Marshall / 9 Comments

On pointIn the segment on “Beverly Johnson And The Bill Cosby Scandal” I just completed for NPR’s “On Point” program, out of Boston with the magnificent Michel Martin hosting, I emulated the Sunday morning talk show guests I so revile for answering questions by making their own points that have little or no relevance to what was asked. Michel asked me, as the time left in the hour-long program was ticking down, what ethical obligations consumers—that is, the audience for his concerts, TV shows and albums—have regarding Cosby, in light of the rape allegations against him.

I was still stunned by the comments made by three callers, encompassing several ethically confused assertions that you know I would find annoying:

  • That the victims should not be coming forward so late;
  • That Cosby is “innocent until proven guilty” (GRRRRR…);
  • That it’s “easy” for women to make unsubstantiated allegations against celebrities, and
  • That there is a parallel between the allegations against Cosby and the Rolling Stone campus rape story.

That last one especially had my head threatening to explode, which would not be good for my relationship with NPR, so I think I can be forgiven for missing Michel’s query. Yes, the UVA rape allegation is exactly like the Cosby scandal, other than the fact that the accusers in Cosby’s case have come forward publicly while “Jackie” has not; that its two dozen (so far) alleged victims for Cosby and one in the UVA case; that one situation is a classic example of abuse of power, wealth and influence and the other is not; that Cosby settled one claim rather than air the allegations in a court of law; and that virtually every part of “Jackie” claim has failed to hold  up under scrutiny and investigation, whereas Cosby, the one individual who could offer evidence to counter the allegations against him, has done nothing but have spokesmen and lawyers issue blanket protests and denials.

Yup. Identical.

My answer to Michel should have been this:

“It’s up to Cosby fans, If they still can still laugh and cheer at Cosby’s nice guy schtick and “America’s Dad” persona knowing that he’s a serial rapist, fine: laughter is good, get it where you can. Personally, I can’t laugh at someone whom I know has engaged in horrific acts, hurt women who admired and trusted them, and by his own conduct left another cultural hero lying face-down in the mud. I can’t forgive it, I can’t get past it, and I’m certainly not going to keep laughing. this is no different from the NFL fans who keep wearing Ray Rice jerseys, or for that matter, Democratic women who continue to swoon over Bill Clinton. If they do, they either:

  • Can’t get over their cognitive dissonance, and at some level refuse to believe what cannot be rationally denied, or…
  • Don’t think the conduct involved—punching women, exploiting women, raping women—is worth getting upset about, or…
  • Buy the absurd personal/public dichotomy, and can still cheer wife-beatering athletes, star-struck intern-exploiting leaders, and raping comedians.

All of these are sad and impossible to justify, but they are common. Does the continued support of a Cosby ratify his conduct? Not in the eyes of his undeterred fans, but in the culture? Of course it does. If Bill Cosby’s career escapes relatively unscathed by this, and he is not held accountable by society, the verdict of the culture will be a particularly extreme version of The King’s Pass: if you are rich enough, powerful enough and seen as contributing enough to society, then you will be held to a lower standard, and can get away with, if not murder, serial rape.”

Continue reading →

Scheduling Note: Cosby, Michel Martin, NPR, and Me

/ Jack Marshall / 2 Comments
Beverly Johnson

Beverly Johnson

Beverly Johnson, the super-model whose Vanity Fair article about being drugged by Bill Cosby decades ago when she was summoned for an “audition,” will be a guest on the Boston NPR station, WBUR, as former “Tell Me More” host Michel Martin stands in. After Johnson, a panel will discuss various issues legal, ethical and cultural about the Cosby allegations, and I’m on it, along with Renee Graham, music and pop culture critic for NPR’s Here & Now. Op-ed contributor at the Boston Globe, and Debra Katz, partner at the law firm Katz, Marshall and Banks. You can catch up on some of the ethical implications of the Cosby mess here, and some more details about the show here. If you can get the show on the radio or web, you’ll hear it at 10 AM, E.S.T.,  this morning.
Continue reading →

The Professor and the Insensitive Law School Exam Question

/ Jack Marshall / 17 Comments
"Go ahead, tell Prof. Kingsfield that his exam is unfair because it triggers your emotions and you can't think straight. I dare you."

“Go ahead, tell Prof. Kingsfield that his exam is unfair because it triggers your emotions and you can’t think straight. I dare you.”

A Constitutional Law exam at UCLA Law School included this question:

CNN News reported: On Nov. 24, St. Louis County prosecuting attorney Robert McCulloch announced in a publicized press conference that Police Officer Darren Wilson (who has since resigned) would not be indicted in the August 9 shooting of Michael Brown. Michael Brown’s stepfather, Louis Head, was with hundreds of protesters assembled outside the police station, listening on loudspeakers and car radios when they learned Officer Wilson was not being charged. Standing on the hood of a car, Mr. Head embraced Michael Brown’s mother. Mr. Head asked someone for a bullhorn but it was not passed to him. He turned to the crowd, stomped on the hood and shouted, repeatedly, “Burn this bitch down!”

Police Chief Tom Jackson told Fox “News,” “We are pursuing those comments … We can’t let Ferguson and the community die [as a result of the riots and fires following McCulloch’s announcement]. Everyone who is responsible for taking away people’s property, their livelihoods, their jobs, their businesses — every single one of them needs to be prosecuted to the fullest extent of the law.”

County Attorney Robert McCulloch asks lawyers in his office whether to seek an indictment against Head by relying on a statute forbidding breach of the peace and another prohibiting rioting (six or more persons assembling to violate laws with violence). A recent hire in the office, you are asked to write a memo discussing the relevant 1st Amendment issues in such a prosecution. Write the memo.

The question is a fair and legitimate one, and very typical of law school exams, which often ask students to apply course content to current events. Nonetheless, it provoked a controversy.

Shyrissa Dobbins, a second-year law student in the course and is chair of the Black Law Students Association, complained, “Daily I think about Michael Brown and Eric Garner, and I have a challenge. Every day I think about this injustice and how I’m in a law school that won’t even make a statement about it.” Hussain Turk, a second-year law student who took the exam, argued that  exams should not ask students to address controversial events, and that the question was unfair, as it could be more emotionally difficult for black students to answer. “These kinds of questions create a hostile learning environment for students of color, especially black students who are already disadvantaged by the institution,” Turk said.

There is only one proper rebuttal for this foolishness:

“Grow up, deal with your biases, start thinking like lawyers or find a profession you can handle.”

Pathetically, the law professor, Robert Goldstein apologized in an email in an e-mail to students, saying, “I recognize … that the recent disturbing and painful events and subsequent decisions in Ferguson and New York make this subject too raw to be an opportunity for many of you to demonstrate what you have learned in this class this year,” and promised to discount scores students receive on the question if it lowers the overall score of the student.

Law school Dean Rachel Moran added to the misplaced sensitivity-fest, and her e-mail, said…

“In retrospect, however, he understands that the question was ill-timed for the examination and could have been problematic for students given the anguish among many in our community over the grand jury decisions in the Michael Brown and Eric Garner cases.”

Observations: Continue reading →

Unethical (and Cynical) Donation Of The Year: The St. Louis Rams’ Forgiveness Bribe To The Backstoppers

/ Jack Marshall / 31 Comments
"Agreed, then: you can call us racist murderers, as long as you keep the donations coming...."

“Agreed, then: you can call us racist murderers, as long as you keep the donations coming….”

Let us be undiplomaticly clear about what the five St. Louis Rams players did when they came onto the field at the start of a Monday Night Football games with their hands in the air like the fictional, idealized, sanitized, imaginary and politically useful version of Michael Brown—you know: the angelic young college-bound African-American male who did nothing whatsoever to cause the circumstances of his own death.

The players were saying, on national television, with millions of people watching, that Officer Darren Wilson executed Mike Brown in cold blood; that the St. Louis police do such things, want to do such things, and will do such things, because they routinely target young black men for harm; and that police generally, around the nation, are virulent racists. That’s what the gesture meant, and that is what it was devised to convey. Continue reading →