George Floyd Ethics Train Wreck

Post-Zoom Hangover Ethics, 3-31-21….

/ Jack Marshall / 34 Comments

People, even lawyers, just do not interact much in remote seminars. It makes a three-hour session far more tiring, even though I’m sitting down, rather than stalking through the space. Thus I am blotto now, after a legal ethics session earlier today.

1. And THIS is the best paper in the U.S…Two headlines on the New York Times front page this morning my high school paper faculty advisor would have rejected…and he would have been right:

  • “Gaetz Said To Face Inquiry Over Sex With Underage Girl” The fact someone says it is not news. Is he “facing an inquiry” or isn’t he? “Three people briefed on the matter” isn’t a source: we’ve seen how accurate the Times anonymous sources are, especially when the subject is a Republican, a conservative, and a Trump supporter. Why the front page for a rumor? Slow news day? Hey, I’ve got an idea: How about an article about how Joe Biden called Georgia “sick” based on a complete misrepresentation?
  • “Taliban Believes The War’s Over And They Won.” This is psychic news again, my favorite fake news form. How does the Times know what the Taliban “thinks”? Who cares what it “thinks”?

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Res Ipsa Loquitur: The Unethical Tweet Of The Week

/ Jack Marshall / 24 Comments

The res ipsa loquitur part is that anyone who would write this, publish this, say this or think this is ignorant, irreponsible. and an idiot, by definition.

What the tweet doesn’t tell you is…

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If A Saturday Ethics Warm-Up Posts And Nobody Reads It….3/27/2021

/ Jack Marshall / 43 Comments

Tree falls

Ah, Saturday! When about 12 people seem to be interested in ethics….when traffic falls off to a trickle here after noon…when it’s even more discouraging posting now than before the post 2020 election crash…when I get to read websites with hordes of visitors post about issues I posted on here days ago….when writing the blog seems even more futile and pointless that it usually does.

1 Here’s some good news…at least one Hollywood star knows her limitations. Aging sex-symbol and “Avengers” star Scarlett Johansson is apparently secure enough, brave enough or dumb enough to tell her colleagues, as they need to be told, “Shut up and act.” She said in interview with “The Gentlewoman,” a British magazine,

“I don’t think actors have obligations to have a public role in society Some people want to, but the idea that you’re obligated to because you’re in the public eye is unfair. You didn’t choose to be a politician, you’re an actor. Your job is to reflect our experience to ourselves; your job is to be a mirror for an audience, to be able to have an empathetic experience through art. That is what your job is. Whatever my political views are, all that stuff, I feel most successful when people can sit in a theater or at home and disappear into a story or a performance and see pieces of themselves, or are able to connect with themselves through this experience of watching this performance or story or interaction between actors or whatever it is. And they’re affected by it and they’re thinking about it, and they feel something. You know? They have an emotional reaction to it – good, bad, uncomfortable, validating, whatever.That’s my job. The other stuff is not my job.”

Thank-you. What she neglected to say was that shooting off their generally under-informed mouths about political matters actively undermines their jobs, thanks to the power of cognitive dissonance. For example, I literally cannot stand watching any film with Alec Baldwin or Robert De Niro in it at at this point. Their characterizations, no matter how well performed, are drowned out by their obnoxious public declarations.

2. As the Star-Tribune attempts to intimidate the Chauvin trial jurors.…the home town paper for the trial published this detailed set of profiles of the jurors, leaving all the cues necessary to doxx them. This just creates one more obstacle to a fair trial. The judge was asleep at the switch in handing out gag orders: with at least one potential juror dismissed because she was afraid of community reaction to a “not guilty” verdict, it was reversible error to allows this much information about the jury to get to the news media, which we know is both rooting for a guilty verdict and doing all it can think of to facilitate one.

The most recent Associated Press report on the case, like most mainstream media stories relating to Floyd, never mentions Floyd’s drugged-out condition, nor his Wuhan virus infection. He was killed by the knee of a racist white cop, and the only question in the trial is whether that racist cop will get the conviction he deserves. This is how most Americans understand the case.

Does the news media want riots?

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Morning Ethics Warm-Up: Snap Out Of It!

/ Jack Marshall / 9 Comments

This morning, instead of the usual grainy 1930’s movies TCM usually shows before noon, it was featuring “Casablanca” for some reason. It’s a good thing, because the recent news had me heading for the bridge. As usual, the legendary singing duel at Ric’s between the Nazis and the French put me in a defiant mood, so I decided it was a good time to bring back the incredible Mirielle Mathiue and one of her signature performances of “La Marseillaise.” I’m a big fan of “The Star Spangled Banner,” but as inspiring national anthems go, this is the gold standard.

Now I feel better, and will at least until I finish this post.

1. You want racial conflict? This is how you get racial conflict. One benefit of the warm-up format is that I can write as little as possible about things that would make me up-chuck if I had to compose full posts about them. Following on the “systemic racism” myth, Oakland, California is launching a guaranteed income experiment called Oakland Resilient Families. 600 families in the city will receive $500-a-month payments over the next 18 months “to eliminate racial wealth inequalities.” Oakland’s guaranteed income program is only for low-income black, indigenous, and people of color, or BIPOC, families.

Whites cannot apply. If Oakland’s whites are poor, they have no excuses. They are just lazy, useless losers, I guess.

Families must apply online in the coming weeks and months in order to enter a pool of potential recipients, from which eligible families will be randomly selected to receive the cash payments.

I don’t have to explain what’s unethical about this, do I? Or what’s stupid about it? Or irresponsible?

In related news, a Kentucky mother is in custody on murder charges after her 2-year-old son overdosed on fentanyl while she slept. She had bought the drug with her stimulus money.

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Ethics Quote Of The Week: Prof. Jonathan Turley

/ Jack Marshall / 24 Comments

“Not only could Chauvin be acquitted or left with a hung jury, but the impact could be the collapse of all four cases. That will be up to the jury. But if there is violence after the verdict, it will be far worse if the public is not aware up front of the serious challenges in proving this case.’

—Prof. Jonathan Turley in a column for The Hill, explaining that a conviction for Derek Chauvin in the George Floyd murder trial in Minneapolis is far from certain despite the news media refusing to inform the public of that fact.

As is too often the case, Turley professorially states a critical fact without appropriate indignation regarding its implications. Not only has the news media, in Turley’s words, “failed to shoulder their own burden to discuss the countervailing evidence in the case, ” it has done so because “there is a palpable fear that even mentioning countervailing defense arguments will trigger claims of racism or insensitivity to police abuse.” What are these, children? Journalists are supposed to be professionals. Yet Turley says—correctly, unfortunately—they they are deliberately misleading the public, and making a violent reaction to the eventual verdict in Chauvin’s trial more likely by feeding a false narrative rather than conveying essential facts.

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The Unethical $27 Million George Floyd Settlement

/ Jack Marshall / 11 Comments

george Floyd

As many commenters here are prone to say after a particularly outrageous unethical development or incident, “This should come as no surprise.” Minneapolis, which three days ago announced it would pay a record $27 million to settle the lawsuit brought by George Floyd’s family, has already shown itself to be led by feckless, wasteful and irresponsible officials at many junctures over the the past two years, notably in its support for defunding the police. That it should take this latest course, which is neither legally, financially nor logically defensible, is, if not exactly expected, at least consistent.

The news media is spinning, of course. The New York Times, cleverly but, as usual, misleadingly, headlined the story as “George Floyd’s Family Settles Suit Against Minneapolis for $27 Million.” Of course it did: not in the family’s wildest dreams could it have expected to acquire that much unearned wealth from the death of a man who was substantially responsible for his own fate— unlike, for example, the victim in the previous record for such settlements, Breonna Taylor, who was the victim of a shootout between her boyfriend and police in her own home. Her family settled for “only” $12 million. The story, the lede and the significant development is that Minneapolis agreed to pay this much. It certainly did not have to.

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Some Enchanted Evening Ethics, 3/11/2021

/ Jack Marshall / 9 Comments

The New York Times this week referred to the “killing” of George Floyd, which presupposes what the trial of Derek Chauvin is taking place to determine. This is disgraceful journalism. The more I consider the trial, the clearer it seems that this is an unethical show trial, devised to keep the mob at bay, punish a white cop by putting him through an ordeal, and putting off the inevitable mindless riots as long as possible. Potential jurors are already saying that they are frightened. A mob shouting for “justice” was outside the courthouse yesterday during jury selection. Chauvin can’t get a fair trial; not in Minneapolis, not anywhere. The news media and the riots made certain of that.

1. Self-portrait of a self-promoting weenie. Stacy Dash, whose major acting achievement was “Clueless’ 25 years ago, became a darling of the Right and Fox News as a black, female conservative and Trump supporter bucking the Hollywood lockstep. Celebrities, especially B-listers, are always suspect when they take a position that garners publicity. Stacy thought she had a profitable niche. Now that it’s clear that niche has dried up, Stacy has decided it’s time to launch Stacy 2.0. Read this, if you can, without rolling your eyes so hard they come out your ears…

“I’ve lived my life being angry, which is what I was on Fox News. I was the angry, conservative black woman. And at that time in my life it was who I was. I realized in 2016 that anger is unsustainable and it will destroy you. I made a lot of mistakes because of that anger There are things that I am sorry for.Things that I did say, that I should not have said them the way I said them. They were very arrogant and prideful and angry. And that’s who Stacey was, but that’s not who Stacey is now. Stacey’s someone who has compassion, empathy…God has forgiven me, how dare I not forgive someone else. I don’t want to be judged, so how dare I judge anyone else. So if anyone has ever felt that way about me, like I’ve judged, that I apologize for because that’s not who I am…I’m not a victim of anyone. Working for Fox at the time, that was my job. I did my job from the place I was at. Stacey now would never work at Fox, would never work for a news network or be a news contributor.”

As for her vocal support of President Trump, Dash said, as a cock could be heard crowing three times, “He is not the president. We have a new president. Being a supporter of Trump has put me in some kind of box that I don’t belong in. But he’s not the president. I’m going to give the president that we have right now a chance.”

Good luck with the reboot, Stacy. But you’re pathetic and desperate, and have the integrity and loyalty of Tessio in “The Godfather.”

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More On Why Minneapolis Is Headed For Rodney King Level Riots

/ Jack Marshall / 33 Comments

Rodney King Riots Timeline

I have to believe the prosecutors in the George Floyd murder trial know that they are just marking time to but off a repeat of the 1992 Rodney King rioting in Los Angeles, and probably worse.

We know, or should, that former officer Derek Chauvin is not a racist, other than the fact that he is white. This may be enough to make him a presumed racist according to Black Lives Matter and Democratic Party cant, but not under the law. The news media has been diligently searching for Mark Furmin-like racist comments in Chauvin’s past, and if they haven’t found any by now, I think it’s unlikely that there are any to be found.

We know, or should, that Chauvin did not intend to harm George Floyd. He definitely wanted to make Floyd uncomfortable, because he was angry at his perp for resisting arrest. Nobody has argued seriously or persuasively that the officer intended to kill him.

Finally, we know, or should, that it is possible, even likely, that Floyd’s death was caused by his own careless ingestion of prohibited substances, including an overdose of fentanyl.

With these facts, my knowledge of prosecutorial ethics tells me that without the influence of other factors that should not be factors at all, a competent and responsible prosecutor would not charge Derek Chauvin. It is very likely that a verdict of guilty beyond a reasonable doubt cannot be achieved before a fair and competent jury, and prosecutors are forbidden from attempting to convict defendants while hoping that a dumb and emotional jury fails to weigh the evidence properly. If a prosecutor doesn’t think, based on the evidence, that an individual is guilty of a crime beyond a reasonable doubt, then no charges should be brought. That is exactly the situation regarding Chauvin and the death of George Floyd.

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Monday Ethics Final, 3/8/2021: A Bad Day In The Revolution

/ Jack Marshall / 9 Comments

GnadenhuttenMassacre

March 8 should be a day that “lives in infamy,” but it isn’t, in part because of this nation’s, and all nations’, tendency to forget episodes in their history that they would rather pretend didn’t happen. On this date in 1782, 160 Pennsylvania militiamen slaughtered 96 Christian Indians including 39 children, 29 women and 28 men. The Patriots killed their captives by hammering their skulls with mallets from behind, as the victims knelt praying and singing. The Patriots then piled the bodies in mission buildings, and burned the entire Moravian Mission at Gnadenhutten to the ground in the Ohio territory. . The Pennsylvanians claimed that the attack was revenge for raids on their frontier settlements, but the Native Americans they killed were not involved in any attacks. In fact, they were pacifists who had been assisting the Americans against the British by serving as scouts and performing other services.

There were consequences of the massacre, though not to the criminals responsible. Despite talk of bringing the murderers to justice, no charges were filed. But Native American tribes became less willing to trust the Patriots as the Revolutionary War continued. When General George Washington heard about the massacre, he told his soldiers to avoid being captured alive by Indian forces, as he feared the Americans would be tortured. Many were, and Native Americans had longer memories of the atrocity at Gnadenhutten than the citizens of the new nation. In 1810, Shawnee chief Tecumseh pointedly reminded future General and later President William Henry Harrison, “You recall the time when the Jesus Indians of the Delawares lived near the Americans, and had confidence in their promises of friendship, and thought they were secure, yet the Americans murdered all the men, women, and children, even as they prayed to Jesus?”

Theodore Roosevelt, a historian in addition to his other pursuits, called the atrocity “a stain on frontier character that the lapse of time cannot wash away.”

But it has, hasn’t it?

1. And they said Trump supporters were stupid! A group called Pro-Life Evangelicals for Biden feel betrayed:

Pro Biden

These people really believed that the Democratic Party was going to “engage” on the topic of abortion, and that electing Joe Biden President would lead to compromises and moderation on the issue. Let me write that again: These people really believed that the Democratic Party was going to “engage” on the topic of abortion, and that electing Joe Biden President would lead to compromises and moderation on the issue.As you know, I have constant difficulty accepting the principle that being stupid isn’t unethical. Outrageous stupidity makes me angry, and maybe that’s unfair. Episodes like this are difficult for me to put in perspective.

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It Appears Great Britain’s Anti-Racism Madness Is Even More Advanced Than Ours

/ Jack Marshall / 12 Comments

Hear_No_Evil,_See_No_Evil,_Speak_No_Evil

The obvious question is whether this is encouraging or depressing: does this brain-explodingly absurd story mean that The Great Stupid has finally passed over the U.S. and is reaching its ridiculous peak across the Atlantic, or is the insanity moving in the other direction?

In what may be the best examples yet of the principle “if you can hear the dog whistle, you’re the dog”—except that it involves monkeys, not dogs—the University of York removed the iconic image of the “Wise Monkeys, better known perhaps as “See no evil, Hear no evil, Speak no evil,” from its website because somebody decided the image was racist and nobody had the courage and common sense to tell them that the theory was crackers and made the whole institution look like monkeys. The image had been used to promote an upcoming art history conference, and the organizers issued an apology rich in scholarly gibberish, saying-–don’t giggle now, these are intellectuals—

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