Observations On The Center for Medical Progress Indictment In The Planned Parenthood Case

Never mind....

A Houston grand jury investigating undercover footage of Planned Parenthood taken in a lengthy hidden-camera sting operation engineered by the Center for Medical Progress not only found no wrongdoing by Planned Parenthood, it instead indicted the anti-abortion activists involved in making the videos. The Center’s founder David Daleiden was indicted on a felony charge of tampering with a governmental record and a misdemeanor count related to purchasing human organs. Another activist involved in the operation, Sandra Merritt, was indicted on a charge of tampering with a governmental record, which carries a maximum penalty of 20 years in prison.

1. It looks like they may have violated the law, at least it looks that way sufficiently to justify an indictment. In order to sting Planned Parenthood, the Center and its allies 1) used a fake drivers license and 2) allegedly offered to buy human baby parts, which is against the law. I have no problem with the indictment, and neither should anybody else. The ends don’t justify the means, and an activist group trying to do what it thinks is right has no more leave to break laws than anyone else.

2. The Center for Medical Progress defends it actions  by arguing that its activists use “the same undercover techniques that investigative journalists have used for decades in exercising our First Amendment rights to freedom of speech and of the press.” That’s an everybody does ut argument. As the Volokh Conspiracy, points out, journalists have no more right to break laws than anyone else.

3. Kevin Drum, at Mother Jones, of all places, questions the indictment because “the law prohibiting the solicitation of human organs for purchase was clearly intended to prevent a black market in such things, not to punish people who are so against the sale of human organs that they falsely represent themselves as buyers in hopes of discovering and shutting down illegal activity.”  I take it back; that sounds like a Mother Jones argument. It’s like saying that murder laws exist to stop good people from being killed by bad people, and shouldn’t apply to good people killing bad people. Or that laws against theft were never intended to punish a poor family trying to feed its children. Laws are put in place to stop conduct that society doesn’t want to occur. When an exception is necessary, then an exception must be drafted,  passed, and signed into.  law. Continue reading

Columnist Malpractice On The Tamir Rice Tragedy

This is not how police saw Tamir Rice before he was shot, but never mind: the points is to horrify the public, not to accurately explain what happened.

This is not how police saw Tamir Rice before he was shot, but never mind: the objective is to inflame public opinion, not to accurately convey what happened and why.

Washington Post reporter Lonnae O’Neal found herself compelled by the Tamir Rice grand jury decision to write the kind of irresponsible column for the paper that can be written but shouldn’t be written—not by a professional journalist, not when public passions are inflamed, not when complex and entangled issues need analysis, careful words, perspective and wisdom. It is an emotional scream of pain and frustration, unleavened by objectivity, fairness or restraint. Such columns do much damage, and no good. Such columns are destructive. I hope writing it relieved her pain, but that’s not justification enough.

I was alerted to the kind of column it would be  by its first sentences:

A 12-year-old black boy walks into a Cleveland park, plays with a toy gun and, within seconds of arriving, a police officer shoots him dead. His partner tackles the boy’s 14-year-old sister as she rushes to his side, handcuffs the girl and shoves her into a squad car, helpless, as her brother lay dying.

If we want to accurately describe the event that ended  Tamir Rice’s life so prematurely from the perspective of people who loved him, and of people mourning the senseless death of a child, those who read about the boy’s death and want to cry to the skies, “Why? How can this happen?,” then that is a defensible beginning….maybe.  That is not her intent, however. The intent of her column is to indict “the system” for not indicting the officer who shot Tamir Rice. With that intent, the description is a lie, a manipulative appeal to pure emotion that willfully and negligently makes the system, which is not and must not be based on emotion, incomprehensible.  Continue reading

Dear BlackLivesMatter And Friends: If You Won’t Be Responsible, At Least Leave LeBron James Alone

No Justice LeBron

It should be apparent by now that BlackLivesMatter is a racist domestic terrorist organization. Terrorism is causing chaos for the sake of causing chaos in the imagined pursuit of a political agenda. That’s what the group, smug and shameless as ever, did over the post-Christmas weekend, disrupting the Mall of the Americas and blocking traffic at the Minneapolis airport. No, they haven’t killed anyone yet; they claim to be non-violent. We’ll see about that when they get sufficiently frustrated. One thing is certain about irrational, self-glorifying organizations: you never know how irrational they will get.

Now the Tamir Rice mess in Cleveland has presented BLM and its allies—which include all three Democratic candidates for President, according to their pandering rhetoric, as well as the Democratic National Committee— with a target more relevant to their alleged mission than disrupting children’s choir performances, losing money for small businesses and inconveniencing  Minnesotans who never did an African American harm in their lives. Using the hashtag #NoJusticeNoLebron, the Ferguson activated activists, led by writer Tariq Touré, have launched a Twitter barrage  imploring NBA superstar and Cleveland Cavaliers hometown hero LeBron James to refuse to play in NBA games until the Department of Justice, “imprisons the murderers of Tamir Rice.” Justice is of course investigating the fatal November 2014 shooting, since the Obama Administration tacitly encourages the divisive myth that any time a  white officer shoots a black man, it is presumptively a civil rights violation.

Like virtually everything that has come out of the incoherent, anti-white, anti-police movement surrounding the various controversial police shootings (of blacks only, however, though there have been more fatal shootings of whites…but never mind, that doesn’t advance the mythical narrative), this plan is ludicrous, unfair, and demonstrates the ignorance and/or contempt the protesters have for due process and the rule of law. Continue reading

The Tamir Rice Fiasco And “Ethics Zugzwang”

Gun comparison

There are circumstances in which all ethical options have been eliminated by poor choices and bad luck. Henceforth Ethics Alarms will refer to this dilemma as ethics zugzwang, zugzwang being a chess term for the situation where a player must make a move, and any move will worsen his position.

By the time the killing of Tamir Rice got to the grand jury, it was ethics zugzwang. The grand jury’s decision not to charge the two officers involved is troubling, and a decision to charge would have also been troubling. To get anything out of this utter and fatal fiasco, a lot has to change, and we have to recognize what in order to make those changes occur. It won’t be easy. I think it may be impossible.

There is no way that the justice system can do its job objectively and well when every police shooting involving a black victim is instantly labelled racist and murder by vocal activists, pundits and and social media, with the implied threat of civil unrest. If an indictment is handed down as in theFreddie Gray matter in Baltimore, it appears as if mob passions are manipulating the system, and, in the Gray case, it was. Such a result, in turn, makes it more difficult for the next accused cop to get justice. It estranges the police force from the government entity it serves, and makes police wary and less likely to assume the risks associated with their vital and inherently dangerous  job.

These considerations create their own impetus making a failure to indict more likely. A city cannot afford to be seen as not supporting the police, even when they make a deadly mistake in judgment. District attorneys are on the same team as police, and automatically share their perspective; it is important that the police recognize that. The police receive the benefit of every doubt, and the deserve that. Yet a failure to indict, especially now that police shootings have become high profile matters that every blogger and pundit prejudges according to their own biases and agendas, will inevitably be used to indict the system instead. Continue reading

Ethical Quote Of The Month: Jonathan Capehart…Big Whoop.

Hands up 3

“Now that black lives matter to everyone, it is imperative that we continue marching for and giving voice to those killed in racially charged incidents at the hands of police and others. But we must never allow ourselves to march under the banner of a false narrative on behalf of someone who would otherwise offend our sense of right and wrong. And when we discover that we have, we must acknowledge it, admit our error and keep on marching. That’s what I’ve done here.”

—— African-American Washington Post blogger and MSNBC contributor Jonathan Capehart in a Post column acknowledging that the “Hands up! Don’t shoot!” chant, hashtag, protest motto and refrain was based on the lies of Dorian Johnson.

This is unusual: a statement embodying ethical principles that arises entirely out of an unethical, unprofessional and untrustworthy world view.

It is a credit to Capehart that he has the integrity to openly admit he was wrong when the facts finally penetrated his biased, bigoted, unethically-motivated brain. He is certainly more admirable than the politicians and journalists of the left and the civil rights movement who still refuse to admit it, like Capehart’s MSNBC colleague and perpetually Angry Progressive Lawrence O’Donnell. It’s good that he apologized, in the sense that it’s better than if he didn’t, but if he were aligned with ethical advocates and advocates, his apology would be unnoticed among thousands of others. Capehart’s ability to process and admit what was, or should have been obvious months ago is not rescued from disgrace because others are even worse.

For the record, Ethics Alarms concluded that “Hands Up! Don’t Shoot!” was probably false on November 27, 2014. I don’t usually quote myself at length, but after I read Capehart’s much praised, “Well, gol-ly! Knock me over with a feather! Dorian Johnson was lying, and I used what he said to help the media, Al Sharpton and Eric Holder convince African-Americans that whites are out to kill unarmed black men! Ooopsie! My bad!” column, I gagged, and went back and read this:

How does the culture, the news media, the civil rights  industry, and politicians determined to benefit by making African-Americans suspicious, paranoid, racist and, of course, lifetime Democrats, make amends for this? How do they undo the damage to mutual trust and American society?

Obviously they don’t. They don’t even try. In fact, all indications are that they will refuse to acknowledge that the entire, national effort to portray the tragic confrontation between Michael Brown and Officer Wilson as a race-triggered execution was based on a lie that was presumed to be accurate despite much reason to doubt it.

The original claim that Brown was shot and killed after putting his hands in the air came from his friend and partner in crime, Dorian Johnson. Johnson, who already had a record of lying to police, was with Brown prior to the August 9 confrontation, and had joined him in the petty robbery that occurred just before Brown’s arrest. In his TV interviews  after the shooting, Johnson said that Wilson shot Brown in the back, causing him to turn around with his hands up, pleading, ‘I don’t have a gun, stop shooting!’ Before the grand jury, Johnson, who admitted that he hid during the incident and later ran home to change clothes so he wouldn’t be identified, even elaborated and provided minute details to his fabrication, stating under oath that the shot in his back caused Brown’s body to “do like a jerking movement, not to where it looked like he got hit in his back, but I knew, it maybe could have grazed him, but he definitely made a jerking movement.” The forensic evidence showed that Brown was not shot in the back.

Other witnesses concocted similar testimony demonizing Wilson after hearing the media’s credulous accounts based on Brown’ friend’s claims. One told the FBI that he saw Wilson shoot Brown in the back and then stand over his prone body to “finish him off.” In front of the grand jury, however, this witness acknowledged that he had not seen that part of the shooting. He explained that the false story he told the FBI was “based on me being where I’m from, and that can be the only assumption that I have.”

Sort of like Democrats have to believe such false narratives because the presence of deadly, virulent racism is core to the party’s appeal to African American voters…

Then, he admitted,  he changed his story to fit details of the autopsy once it was reported on TV.  “So it was after you learned that the things you said you saw couldn’t have happened that way, then you changed your story about what you seen?’ a prosecutor asked. “Yeah, to coincide with what really happened,” the witness replied.

Members of the community, activists, anti-police zealots and those who had observed how effective the Trayvon Martin hoodie symbolism had been in casting George Zimmerman as a racist killer (rather than as he was subsequently shown to be, an irresponsible, unbiased jerk) immediately seized on the gesture as a powerful protest symbol. Every time it was repeated in a protest or demonstration, it was Johnson’s lie multiplied, until the narrative that Officer Wilson shot an unarmed, unresisting teenaged black male who was pleading to live was imbedded in the American mind. Of course it was murder! Of course any system that does not immediately charge the rogue police officer with murder is corrupt and flawed.

I have had conversations with well-intentioned liberals in denial,who are obviously unable to think of what occurred in Ferguson any other way. Such frustrating conversations. As in the Martin case, they want the white shooter to be guilty of racism and brutality. The fact that no clear evidence will show that, as the grand jury found out, doesn’t dissuade them, even though they would nod vigorously if activists argued that prosecutors displayed racism by indicting any black suspect when eye-witness testimony was unreliable.

Oh, it is true that their confusion is compounded by not understanding what a grand jury does, or hearing references to the quote that a prosecutor can make a grand jury “indict a ham sandwich” (not recognizing that this was a criticism, or perhaps having no more regard for a young policeman’s life than they do a ham sandwich, because, you know, white cop), and that they have been conditioned to believe from their SDS veteran professors from the Sixties that police officers are not public servants but really diabolical agents of an overbearing state—not that they don’t want an overbearing state in most matters, just not where public safety…okay, it’s complicated!). Still, what most nourishes their fervor now—how I love being told that I am taking my cues from Fox News!—is the indelible image of young, frightened, unarmed Mike Brown, with his hands in the air.

How does Darren Wilson get his career, reputation and life back after a lie is promoted as fact by the media, and ruthlessly used by race-hucksters to destroy him while escalating racial distrust? How does the culture recover from this deep, self-inflicted wound?

It is not the criminal justice system that is so in need of repair, but our system of communicating important events to the public, so that bias doesn’t overwhelm truth, and we will be able to forge the right lessons from tragedies like Michael Browns death, not false lessons that leave us more ignorant, hateful, and afraid.

How was I able to write that four months ago, and Capehart is only capable of comprehending it now? It’s simple, really: I’m not an anti-white bigot, and he is.  I had no horse in this race: I was just trying to weigh the facts. I don’t have a stake, politically, racially or socially, in proving that Mike Brown was just an innocent kid hunted down and shot in the street like a dog, or proving that Office Wilson was a model police officer. Capehart didn’t pay attention to the evidence because it was a white Prosecuting Attorney who produced it, and a black—sorry, thug—who contradicted it, as a black Attorney General behaved and spoke as if he believed the thug.

Now Capehart is a believer, and why? He is a believer because the Justice Department run by that black Attorney General had to grudgingly admit that there were zero facts to support the lie that it desperately, urgently wanted to be true, so Darren Wilson could be crucified to expiate white America’s sins against the black man….and, not so incidentally, gin up black votes for the Democratic base.  Now Capehart trusts the facts, because a black AG, not a white one, endorses them.

Well, to hell with him, frankly. Why are anti-white racists with Capehart’s biases writing for the Washington Post? Must there be a black racist slot on the op-ed page now? I didn’t notice: did Obama’s EEOC pass that regulation? The New York Times has Charles Blow, and so the Post must have at least one too? Is there a black racist pundit arms race?

Who is going to apologize to Darren Wilson? Capehart didn’t do that; after all, Wilson is white. Capehart doesn’t care about whites, but wants to clear the record so future protests against police, Ferguson and white America aren’t weakened by reliance on a lie. Where are the apologies to Robert McCulloch, that presumptively racist Prosecuting Attorney who was able to avoid the lynch mob’s demands that Wilson be tried for murder by running a grand jury that got to see all the evidence for once, the scum. How dare he? Van Jones, who is treated as a respectable, rational pundit on CNN and ABC, told the latter that “If there had been a special prosecutor in Ferguson, we would have had a different result.” And we all know that a different result would be the right thing, meaneth Van. To my knowledge, Van hasn’t apologized either. I’ll lay odds that he won’t. Neither has the former governor of Massachusetts, prominently mentioned as a possible presidential candidate once Democrats finally admit that Hillary is hopeless: Deval Patrick told Meet the Press that he wanted to see Wilson indicted regardless of the facts. Nor Kasim Reed, Mayor of Atlanta, who told Meet the Press that justice meant trying Wilson for murder, based on seeing the case through the eyes of Brown’s parents, the individuals whose confirmation bias most powerfully compelled them to believe the self-serving lies of their baby boy’s pal.

Two police officers are dead, two more have been shot, uncounted whites have been targeted and beaten by angry blacks (the Justice Department hasn’t been interested in the racial implications of those attacks), Ferguson is in ruins, innocent businesses are destroyed, Darren Wilson is in hiding, and racial distrust across the U.S. is worse than it has been in decades, not entirely but substantially because people like Jonathan Capehart wanted to believe Dorian Johnson’s lie, because it fits their ideological, political, social and racial agenda. So they did.

Admitting a wrongdoing—not a mistake, but wrongdoing— is always commendable, but when it comes after such carnage, and so inexcusably late, my applause is going to not only be faint, but suffused with disgust.

______________________
Graphic: Washington Post

 

It Appears Likely That Michael Brown Did NOT Have His Hands Up When He Was Shot… Now What?

hands up

How does the culture, the news media, the civil rights  industry, and politicians determined to benefit by making African-Americans suspicious, paranoid, racist and, of course, lifetime Democrats, make amends for this? How do they undo the damage to mutual trust and American society?

Obviously they don’t. They don’t even try. In fact, all indications are that they will refuse to acknowledge that the entire, national effort to portray the tragic confrontation between Michael Brown and Officer Wilson as a race-triggered execution was based on a lie that was presumed to be accurate despite much reason to doubt it.

The original claim that Brown was shot and killed after putting his hands in the air came from his friend and partner in crime, Dorian Johnson. Johnson, who already had a record of lying to police, was with Brown prior to the August 9 confrontation, and had joined him in the petty robbery that occurred just before Brown’s arrest. In his TV interviews  after the shooting, Johnson said that Wilson shot Brown in the back, causing him to turn around with his hands up, pleading, ‘I don’t have a gun, stop shooting!’ Before the grand jury, Johnson, who admitted that he hid during the incident and later ran home to change clothes so he wouldn’t be identified, even elaborated and provided minute details to his fabrication, stating under oath that the shot in his back caused Brown’s body to “do like a jerking movement, not to where it looked like he got hit in his back, but I knew, it maybe could have grazed him, but he definitely made a jerking movement.” The forensic evidence showed that Brown was not shot in the back. Continue reading

Ethics Dunces: ABC News, Jonathan Karl and the Sunday Morning “Roundtable”

Republican Texas Governor Rick Perry is being threatened with prison by a per se unethical and illegal grand jury indictment, obtained by special prosecutor Michael McCrum, that attempts to criminalize not merely political tactics, which is how critics are describing it, but the essential and obligatory efforts of a state’s elected leader  to remove a corrupt and unqualified district attorney who is unfit to serve, corrupt,defiant….and drunk as a skunk.

You can read various eviscerations of the indictment here, here and here; there are many more. So far, I can’t find a respectable legal source that finds the indictment anything better than jaw-droppingly absurd and an abuse of prosecution. Jonathan Chait, a left-ish pundit and far from a Perry fan (much like me, except for the left-ish part), nicely expresses his contempt of the charge here. A short hand version would be that Perry has been threatened with jail based on what he said about vetoing a bill, which seems like a First Amendment violation to me.

The reason for the Ethics Dunce call on ABC is that this morning, the network reported on the indictment of Perry and its effect on his Presidential prospects in 2016 without explaining the reason for the Governor’s actions that the prosecutor is straining to call illegal. A simple, thorough, clear explanation would be sufficient to cause any reasonable reader or listener to cry “What? You’re kidding! That’s not possible!” That explanation, however, was not forthcoming on ABC, and has been missing from other reporting as well. Continue reading