Unethical Judge Of The Month: Florida Circuit Judge Jack Schramm Cox; Runner Up: Wisconsin Judge Philip Kirk

JudgeFor a judge, you just can’t get any more incompetent than this.

In Florida, Circuit Judge Jack Schramm Cox ordered the Palm Beach Post to scrub a previously published story from its website. This is prior restraint, or the government preventing publication based on content. The order violates the First Amendment; it isn’t merely unconstitutional, it is incredibly unconstitutional. Concluded Constitutional Law professor and blogger Jonathan Turley in his usual restrained manner,  “The utter lack of legal judgment (and knowledge) shown by Cox in this order is deeply troubling.”

It’s not troubling. It’s ridiculous. Continue reading

Unspoken Ethical Quote Of The Month: Outgoing U.S. Attorney General Eric Holder

Attn. General Holder Testifies At Senate Judiciary Hearing On Justice Dept Oversight

“No, I respect the motives and intentions of my critics. Those who have opposed me genuinely disagree with my philosophy and approach to the job, and I would never denigrate them by attributing their opposition to race, bias, or anything but the same passion and belief in their goals for the nation that I have in mine.”

What Attorney General Eric Holder could have and should have answered in his “exit interview” with Politico’s Mike Allen, in answer to the question, “Now, there clearly have been times …when you have felt disrespected on Capitol Hill. How much of that do you think relates to race?”

Holder didn’t answer this way, however.

Holder is black, and consistent with the message that has been trumpeted from the White House, Democrats, the Congressional Black Caucus, and Presidential advisor and Holder consort Al Sharpton for more than six years, any and all problems, criticism, misfortune or failure affecting African Americans can plausibly, reasonably, credibly, and advantageously be attributed to racial bias or outright racism.

Thus Holder’s actual answer to Allen was…

“Yeah, there have been times when I thought that’s at least a piece of it.”

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KABOOM! ARGHHH! How Can This Happen In The United States? How Can Any University Think This Is Legal, Fair, Ethical Or Rational? How Can A UNiversity That Acts This Way Be Trusted To Teach Anyone Anything, Other Than How To Be A Fascist?

Thank-you, University of Tulsa...

Thank-you, University of Tulsa…

I really didn’t need another KABOOM! so soon after the last one.

From The Foundation For Individual Rights in Education, with my brainless reactions in bold and brackets:

TU suspended student George “Trey” Barnett last October for three Facebook posts [ It’s unethical and probably illegal to punish Barnett for his own Facebook posts…] published by his husband that criticized another student and two TU faculty members. […but it is beyond belief for the school to punish him for what someone else, regardless of who, posts to his page.] None of the Facebook posts came from Barnett’s account; the statements were posted by his husband, who either tagged Barnett or posted them directly to Barnett’s Facebook page. Barnett’s husband later submitted a sworn affidavit attesting to his sole authorship of the posts. Nevertheless, shortly after TU professor Susan Barrett filed a complaint against Barnett arguing that Barnett could not “avoid responsibility” because someone else was responsible for the posts. [This is Kafaesque. Do these even people know how Facebook works? ] TU Senior Vice Provost Winona Tanaka imposed eight restrictive interim measures against Barnett. The sanctions included suspending his participation in certain courses and activities and even barring him from speaking about certain individuals. [University administrators can not bar whom a citizen may speak to; only judges can do things like that, and only rarely.]

Without affording him the hearing he was entitled to under TU’s University Student Conduct Policies & Procedures, and despite his husband’s affidavit, Tanaka found Barnett responsible for “harassment.” Tanaka also found Barnett guilty of retaliation and violating confidentiality requirements for speaking about the disciplinary charges with his husband—who was also his exculpatory witness. [ What??? WHAT??? Due Process? Rights of the accused? Procedures? Policies? ]

Less than two months before Barnett was set to graduate, Tanaka not only suspended him until at least 2016 but also permanently banned him from receiving a degree in his major even upon his re-enrollment. Barnett was forced to wait two months for TU to respond to his appeal, which the university summarily denied on January 9 without explanation—leaving Barnett unable to earn his theater degree as planned. [ All of this for what someone else wrote on the student’s Facebook page! My key question in ethics scenarios is “What’s going on here?” What’s going on here? I have no idea. An illicit relationship between the apparently fat faculty member Barrett and Tanaka? Insanity?]

…TU has also threatened … its independent student newspaper, The Collegian, which this week reported on Barnett’s suspension and criticized his treatment. The Collegian reports that after contacting TU administrators for comment, student reporters were told by TU’s director of marketing and communications that if “anything that the university deems to be confidential” is “published or shared, (that) could violate university policies.” The university refused to explain what might constitute “confidential” information and, come press time, the journalists were unsure what action the university might take against them. [ OK, let’s just stipulate that the University of Tulsa doesn’t accept the principles underlying the First Amendment. I will await its next abuse of power being aimed at impending worship requirements and a ban on assembly.]

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If Someone Praises The Job Eric Holder Did As Attorney General, That Tells You All You Need To Know

eric_holder_ap1

Eric Holder was the most political, biased, inept and undemocratic U.S. Attorney General  in at least 70 years, with the  exception of Nixon’s AG, John Mitchell, who went to jail. And the Attorney Generals have been uniformly terrible in this period; being one of the two worst takes talent, determination, broken ethics alarms and wretched judgement.

Those who praise Holder either are doing so without any idea about his record, or because they want the justice system in the United States to be racially and ideologically biased. The results of the latter, which is Holder’s real legacy, can be seen in the rising distrust between races, and the frequent description of Holder as being Obama’s “scandal goalie.”  The latter isn’t completely fair, because the news media has also been the President’s scandal goalie. The proof: few of the mainstream media retrospectives on Holder’s tenure mentioned the Justice Department’s refusal to hold a thorough and open investigation of the still unfolding I.R.S. scandal, which should have, and under any Republican administration, would have, included an independent prosecutor, because the news media would be screaming for one. This abdication of duty and naked partisanship by Holder alone condemns him. Unfortunately, there is a lot more.

You can begin with the “inside baseball” reports that Justice, under his administration, is a confused mess. That’s hardly surprising, for since the President eschews management and oversight, this is the tendency up and down the system. Without well-regulated policies and oversight, partisan meddling flourishes.

I have neither the time nor the energy to detail each and every example of Holder’s toxic racial and partisan biases, or his flat out ineptitude; there are too many to list, and I am sure I don’t know about some whoppers. Never mind: a fraction of the list would have made the resignation of any other Attorney General mandatory and beyond debate.  Holder is black, and this guaranteed that short of setting fire to the Supreme Court, he would only leave when he was ready. That alone is disgusting.

Here are some other Holder achievements:

1. “If Holder had his way, Khalid Sheikh Mohammed, the mastermind of the Sept. 11 terrorist attacks, might now be on death row,” says ABC. This is the media spinning for Holder: his efforts to have the terrorist tried in New York City was when I first realized how out of his depth he was.

In the contentious Congressional hearings on the matter, Holder told the nation that“Failure is not an option. These are cases that have to be won.” “That have to be won”? Failure, as in acquittal, is “not an option”? This was a confession of the muddled, simultaneously alpha and omega false logic that would become a hallmark of Obama World. Holder proclaimed that the world had to see the United States give its enemies a fair trial, then told Congress that the “fair trial” he was proposing was a show trial,  a kangaroo court, in which justice meant a guilty verdict. It was a stupid, stupid thing for any lawyer, much less an Attorney general to say. Tragically, it was no aberration.

2. Holder refused to defend the Defense of Marriage Act, though it was a law passed by Congress and signed  by a Democratic President. I think he should have been impeached for that. Slate, among others, says that he was “vindicated” because the Supreme Court held the law unconstitutional. They didn’t vindicate his refusing to do his job. It is not the prosecutor’s duty to veto laws duly passed by the legislature and signed into law, nor should he have the power to do so. Holder’s precedent took a bite out of the rule of law, and stood for stunning arrogance. He viewed DOMA as a civil rights incursion: gee, what other laws don’t you like, sir? We found out: he didn’t like drug laws, because he sympathized with the poor, black criminals that tended to violate them. His solution? Minimize the penalties, and send the message that abusing illegal drugs was no big deal. Democrats wanted to curry favor with the Hispanic-American voting bloc? Holder was eager to assist by not enforcing the Federal laws, and by doing everything he could to prevent the states from policing illegal immigrants as well. In a system of laws, favoring authorities that pick and choose which to enforce according to their political beliefs is endorsing obstruction over process, and politics over justice.

3. When acting unconstitutionally suited Holder’s partisan masters, however, he would do it. In 2013, the Justice Department  seized Associated Press phone records, and monitored Fox News reporter James Rosen following a story he published in 2009 on Iran.

4. Holder oversaw specious and intellectually dishonest justifications for the U.S. policy of assassinating suspected terrorists without providing them with a trial, and or any evidence that they were planning imminent attacks. By defining the word imminent in the broadest possible way, this advocacy for the elimination of due process equaled the worst deceits of the Bush Torture Memos, the only difference being an official pass from the Obama-enabling press. The policy, basically a license to murder, ensured that assassinations could be carried out against anyone who the U.S. government feared if the person was located on foreign soil and could not be captured.

5. Then there is Operation Fast & Furious, the proof positive that Holder was going to get away with anything and everything. The Bureau of Alcohol, Tobacco, Firearms and Explosives lost an estimated 1,400 weapons in Mexico, among them: two guns that were used to kill U.S. Border Patrol agent Brian Terry in December 2010.  Holder is the supervisor of the ATF, but testified before the House Judiciary Committee that he had only known about the sting named “Operation Fast & Furious,” for a few weeks. Then investigators uncovered memos on Fast & Furious sent to Holder in July 2010. A reasonable conclusion was that Holder had lied under oath. Oh, no, Holder “explained,” he never read the memos. He was incompetent, not culpable. Despite all evidence to the contrary, Holder indignantly denied a DOJ cover-up, saying that“This operation was flawed in concept, as well as in execution,”  and refusing to be held accountable for his own department’s deadly botch. Bolstered by Obama’s assertion of executive privilege, which prevented future prosecution, Holder refused to turn over documents related to the fiasco. Congress held Holder in contempt in June 2012, and he thoroughly deserved it, because the American people had a right to know the extent of the bungling in the highest reaches of the Obama Administration.

6. Although the supporters of Holder claim that his legacy was built on a dedication to civil rights, this was only in the narrow areas where the Democratic Party saw political advantage. He was not concerned, for example, in the civil rights of Americans when the government wanted to use modern surveillance technologies to spy on them. In the 2012 Supreme Court case U.S. v. Jones, Holder’s Justice Department argued that the police did not violate the Fourth Amendment by attaching  GPS devices to cars so they could know where they were going and where they had been, with that evidence used to acquire evidence. incriminate, try and imprison.  The Supreme Court rejected that position unanimously, because it was a mark of a burgeoning police state.

7. When Democrats wanted to create racial divisions, however, to rile up the base, Holder reported for duty. He assisted the unconscionable effort, still ongoing, by Democrats to characterize a responsible and necessary protection of the integrity of the voting process—photo IDs—as a racist plot, though the measure had long ago been approved by liberals, and only recently became stigmatized as “voter suppression.”

8. Holder’s major wound that he inflicted on the nation was his clear intention to project the image of a black Attorney General whose concern was minorities, whose assumption was that whites were the enemy, and whose biases were front and center. An early cue was his department’s abandonment of charges against two New Black Panthers who stood armed outside a Philadelphia polling place. The controversy, assisted by the media, devolved into an argument over whether this was an example of Justice receiving orders from the political Machiavellis in the White House, or just a lousy, bigoted example of “discretion.” A long official investigation found the latter, but either way, the message sent to white Americans was that this Justice Department was not especially interested in protecting their rights. In the Trayvon Martin shooting and the Ferguson episode, two local issues that should not have been his concern, Holder made statements, engaged in gestures and took actions that signaled his allegiance to the black victims, and opposition to the white (or “white Hispanic”) individual accused. He repeatedly spoke collaboratively before Sharpton’s followers, endorsing their diagnoses of a racist nation, and, by extension, a white population aligned against African Americans. Especially revolting was his repeated attempts to duck legitimate accountability for, you know, being terrible at his job, by race-baiting, such as when he explained Congressional criticism of his handling of Fast & Furious—a career-ender for any white Attorney General, or an appointee of any President who believed in accountability, by saying in 2011…

“This is a way to get at the president because of the way I can be identified with him, both due to the nature of our relationship and, you know, the fact that we’re both African-American.”

It shouldn’t have to be said, but I’ll say it anyway: the job of Attorney General, like the job of President, must be, and must be seen as being, absolutely neutral regarding race. Holder intentionally projected himself as an AG who cared more about minorities than non-minorities, increasing distrust, undermining respect in the justice system, and dividing the nation.

9. Not that he wasn’t feckless and incompetent too: for example, Holder’s Justice Department, almost certainly to ensure later campaign support, allowed multiple corporate criminals to escape serious punishment. For example, the Justice Deportment made a ridiculous plea deal to allow Halliburton executives to avoid jail time after they destroyed evidence of their culpability in the Deepwater Horizon oil spill. The company agreed to pay the maximum allowable fine of $200,000, accepted  a three-year probation;  continued its cooperation with the government’s criminal investigation (which it had to anyway), and  made a voluntary contribution of $55 million to the National Fish and Wildlife Foundation to clean off those oil-covered sea birds and otters. It could do this with the confidence that hard-core Democrats, being total hypocrites, would still attack the Republican party as a cadre of soulless corporate fat cats and insist that any criticism of Holder’s Justice Department and his boss’s administration was rooted in racism.

And again, the amazing thing is: That’s not all.

Any politician, elected official, pundit, columnist, civil rights leader or President who declares that Eric Holder was a wonderful public servant and a great American is telling you one of three things, or all of them:

  • They are liars.
  • They don’t know anything about Eric Holder, or
  • They believe the integrity of the nation’s laws should be warped and the public trust should be forfeited for a race-based, partisan agenda.

I don’t know about you, but I’ll be taking names.

Biden’s Apology For Abusing the Press: Not Accepted!

"Sorry!"

“Sorry!”

In a classic scene from the “Animal House” toga party, the chaotic Bluto, played by John Belushi, encounters a pompous student strumming his guitar and singing a sappy folk song as co-eds swoon. Bluto suddenly seizes the guitar and smashes it to smithereens. “Sorry,” he shrugs.

This is about the level of effectiveness and sincerity achieved by Vice President Joe Biden’s office, as it apologized after taking a student photographer’s photographs of the Veep and destroying them.

From Poynter:

“Jeremy Barr, a reporter with the University of Maryland’s Capital News Service, was seated in a non-press section for the event, at which the vice president announced an anti-domestic violence initiative. Biden staffer Dana Rosenzweig approached Barr after the event and ordered him to delete photos.

“She said, ‘I need to see your camera right now.’” Barr said. The staffer called Barr’s presence in the non-press area an “unfair advantage” over the other members of the media at the event. The staffer then requested to watch as Barr deleted the photos from his camera to ensure his compliance, Barr said. After deleting the photos from the camera, the staffer asked Barr to show her his iPhone to make sure no photos were saved. Barr complied.” Continue reading

Ethics Dunces: The Hugo Chavez Fan Club (Michael Moore, Sean Penn, Rep. Jose Serrano (D-NY), Oliver Stone and Joe Kennedy III

"We love you Hugo, we really do-oo! There isn't anyone, we love like you-oo! When you're not with us, we're blue! Oh, Hugo, we love you!"---From the new musical, "Bye-Bye Chavez," written by Oliver Stone, starring Sean Penn!

“We love you Hugo, we really do-oo! There isn’t anyone, we love like you-oo! When you’re not with us, we’re blue! Oh, Hugo, we love you!”—From the new musical, “Bye-Bye Chavez,” written by Oliver Stone, starring Sean Penn!

What do we learn from those who mourn the passing of Venezuelan autocrat Hugo Chavez and praise his leadership? Chavez leaves his nation with a corrupted judiciary, an intimidated and manipulated press, a soaring violent crime rate, massive debt, crumbling infrastructure, galloping inflation, government-sanctioned anti-Semitism, and the prospect of political instability for the foreseeable future. When we hear an American praise Chavez, we learn that he or she neither trusts or values the institutions of democracy, like a free press and independent judiciary. We learn that such an individual believes that indeed the ends justify the means; that lies, repression, manipulation of news and public opinion, cultism, divisiveness and class warfare are all forgivable and even laudable in pursuit of “social justice,” roughly defined in the manner of Lenin, Stalin, Mao and Castro, murderers all. Continue reading

A No Tolerance Rule For Cabinet Members: Don’t Threaten Reporters

Intolerable.

I’ll make this simple, and get right to the point: any Cabinet member who threatens a reporter with physical violence for doing the job journalists are supposed to do should be fired. No exceptions. Moreover, that should be obvious and beyond debate.

Ken Salazar, the Secretary of the Interior, didn’t like a question he was asked by Colorado Springs Gazette reporter Dave Philipps. The investigative reporter had tried to reach Salazar for months through his press secretary seeking a comment on a story Philipps had written about how a Colorado man with business connections to Salazar had been sold hundreds of federally protected wild horses that have subsequently vanished. The man is under investigation, and one of his businesses is slaughtering horses, not that any of this is germane to how Salazar treated Phillipps.  When Philipps began asking Salazar about the program and possible personal ties he had to the wild horse buyer now under investigation, Salazar abruptly ended the interview. He then pushed The Gazette’s camera aside, got nose to nose with the reporter, and said, pointing, “Don’t you ever…you know what, you do that again… I’ll punch you out.” Continue reading

The Los Angeles Times, War, and the Reckless, Arrogant News Media

The Los Angeles Times feels that you need to see this photo, and sensationalism has nothing to do with it. No, really.

Our national news media, which is as biased as ever, more untrustworthy than ever, and less professional than ever, is also more self-righteous than ever, which, I suppose, figures. The most recent display of self-righteousness, along with gratuitous recklessness and arrogance, is the Los Angeles Times’ decision to publish photos of American soldiers posing happily next to the bloody mess that had been the bodies of Afghan suicide bombers. The Pentagon asked the Times not to run the photos, for obvious reasons. The mission in Afghanistan is hanging by a thread as it is, our relationship with the government and the populace serially wounded by a series of unnecessary events that placed the U.S. in a terrible light: in January, a video of Marines urinating on dead Taliban soldiers; in February, the botched disposal of copies of the Quaran, and shortly thereafter, the rampage of a deranged U.S. soldier, who went door to door killing Afghan civilians. Such episodes, and the publicity they receive, jeopardize American interests and cost lives, as Secretary of Defense Leon Panetta explained while condemning the Times’ irresponsible decision. Continue reading

A Journalist’s Integrity: “To Hell With Of Freedom of the Press— MY Interests Are At Risk!”

Andrea, in her alternate "news censorship is bad" persona

Earlier this year, Andrea McCarren, a reporter with D.C.’s WUSA Channel 9 News, did a controversial special report om under-age drinking in the upscale Washington suburb of Bethesda, Maryland, with special focus on how parents excused and facilitated the law-breaking. She was subjected to a deluge of hate mail and online attacks for her story, and her children, who go to a Bethesda high school, were mocked and harassed by other students. The incident and the uproar had finally calmed down, when the school paper at Bethesda-Chevy Chase High, where the McCarren children are enrolled, decided to publish a feature about the episode.

McCarren—journalist, champion of the public’s right to know and the dedicated defender of the First Amendment—called the school’s principal and persuaded her to confiscate issues of the paper that had not yet been distributed, and to demand that students who already had copies return them. Why? Was the story false, libelous, or misleading? No. Was it a legitimate news story with relevance to the school? Of course.

McCarren had the school paper censored because she had the power and influence to do it, and because she felt that the story could have inconvenient and unfortunate consequences for people she cared about. Continue reading

Abuse of Power and Press Intimidation At The White House

"Hey, Herald! Get with the program!"

In response to a complaint by the Boston Herald about the limited access its staff would have to President Obama during his visit to Boston,  Matt Lehrich, an Obama aide, attributed the treatment to the White House’s objections to a front page opinion article by former Massachusetts Governor Mitt Romney in which he attacked the administration’s job-creation record. “I think that raises a fair question about whether the paper is unbiased in its coverage of the president’s visits,”  Lehrich told the Herald in an email.

And maybe it does. Then again, there is a mountain of evidence that hundreds of media outlets, including four of the five major TV news organizations, the New York Times, The Washington Post, and many others, are also biased in their coverage of everything this president does–favorably. Apparently the White House, which has already disgraced itself by repeatedly attacking the one critical network by name for the state offense of not falling into line, can’t abide the fact that some print journalists are as prone to be critical of him as Chris Matthews is likely to get tingles up his leg every time Obama opens his mouth. Their response? Make it harder for the unfavorably biased journalists to cover the news. Continue reading