Morning Ethics Warm-Up, 3/7/ 2018: Murder, Fake Journalism, Hatch Act Games, And California Defiance

Good Morning!

1  “A Murder in the Park.” The 2014 documentary about how the Northwestern University “Innocence Project” freed a guilty murderer hours before his execution and framed an innocent man who was eventually exonerated is now available on Netflix. I wrote about the case, which had the unanticipated consequence of causing Illinois to ban the death penalty, in 2014. Then I concentrated on how badly the whole mess reflected on the justice system. As I watched the documentary last night, however, what struck me was the self-satisfied smugness and certitude of the journalism students who participated in selective investigation, advocacy instead of objective reporting, manipulation of witnesses, cause driven conclusions and more. The documentary shows us why journalism has become whatever it can be called now–certainly not journalism. Northwestern has one of the elite journalism schools in the nation, and David Protess, then the professor who ran “The Innocence Project,” was teaching students that corrupt journalism was honorable. Protess at the time was perhaps the most praised journalism teacher in the nation. It seems that he was less the exception than the rule.

2. Real discipline would be nice for a change. The Office of Special Counsel (OSC) informed the Trump yesterday that White House counselor Kellyanne Conway violated the Hatch Act twice.  The  findings were referred to President Trump “for appropriate disciplinary action.” The White House promptly denied the charges, so we should assume that Kelly won’t be disciplined at all.

The Hatch Act allows federal employees to express their views about candidates and political issues as private citizens, but forbids them from using their official government positions try to influence elections. Of course Conway violated the Act. On Fox and CNN, she made it clear that voters in Alabama should reject Democrat Doug Jones. The White House ludicrously claims that Conway did not advocate for or against the election of any particular candidate. Nah…she just told Fox viewers last November,

“Doug Jones in Alabama, folks, don’t be fooled. He will be a vote against tax cuts. He is weak on crime, weak on borders. He is strong on raising your taxes. He is terrible for property owners.”

On CNN,  she said in part,
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“The Good Illegal Immigrant,” Part IV—The Latest Installment In A Series Of Indeterminate Duration. Unfortunately.

Good.

[Earlier installments of “The Good Illegal Immigrant” are here, here and here.]

Not to creep into General Sheridan’s territory, but there is no such thing as a “good illegal immigrant.” The term is an oxymoron. In illegal immigrant in the United States is breaking the law every day, hour and minute he is here. Breaking the law is not good. Breaking the law every day is especially not good. Good people do not break the law every day.

Clear?

Roberto Beristain is the owner of a popular restaurant in Granger, Indiana called Eddie’s Steak Shed. He came to the United States illegally from Mexico City  in 1998. Somehow he obtained documentation to work in the country, even a Social Security card, and checked in with ICE each year. In 2000. Roberto and his wife, Helen  were visiting Niagara Falls—such an American thing for a couple to do!— and accidentally crossed into Canada. When officials realized he was in the U.S. illegally as he tried to return, Roberto was detained. Released on bail,  he was told he had to voluntarily leave the U.S. within a month. Beristain says he did not leave because Helen was pregnant.

Ah. All should be forgiven then! This is known as “making up your own exception to the law.” Also not good.

When Roberto checked in with  ICE last month, that 2000 episode finally came up. ICE took Beristain into custody because when he failed to deport himself, his voluntary order reverted to a final order of removal. Why did it take more than a decade for Immigration to notice?

Don’t get me started. Continue reading

The Good Illegal Immigrant

carlosThe New York Times placed on its front page this week a profile of an impeccable citizen of West Frankfort, Illinois:

Juan Carlos Hernandez Pacheco — just Carlos to the people of West Frankfort — has been the manager of La Fiesta, a Mexican restaurant in this city of 8,000, for a decade. Yes, he always greeted people warmly at the cheerfully decorated restaurant, known for its beef and chicken fajitas. And, yes, he knew their children by name. But people here tick off more things they know Carlos for.

How one night last fall, when the Fire Department was battling a two-alarm blaze, Mr. Hernandez suddenly appeared with meals for the firefighters. How he hosted a Law Enforcement Appreciation Day at the restaurant last summer as police officers were facing criticism around the country. How he took part in just about every community committee or charity effort — the Rotary Club, cancer fund-raisers, cleanup days, even scholarships for the Redbirds, the high school sports teams, which are the pride of this city.

Now, in part due to a record of two drunk driving arrests, Hernandez  has been  arrested, and is facing deportation. He is, after all, an illegal immigrant, one who crossed into the United States from Mexico in the late 1990s and  never completed efforts to legalize his status. His friends and neighbors, the Times reported, are flooding officials with letters and calls for leniency and forbearance. The mayor of West Frankfort wrote that Hernandez was a “great asset” to the city who “doesn’t ask for anything in return.” The fire chief described him as “a man of great character.” Richard Glodich, the athletic director at Frankfort Community High School, wrote, “As a grandson of immigrants, I am all for immigration reform, but this time you have arrested a GOOD MAN that should be used as a role model for other immigrants.”

“I knew he was Mexican, but he’s been here so long, he’s just one of us,” The Times quotes a West Frankfort resident as citing what she says is a distinction between “people who come over and use the system and people who actually come and help.” “I think people need to do things the right way, follow the rules and obey the laws, and I firmly believe in that,” added the owner of a local beauty salon. “But in the case of Carlos, I think he may have done more for the people here than this place has ever given him. I think it’s absolutely terrible that he could be taken away.” Continue reading

From The “When Ethics Alarms Ring” Files: The Saga Of The Kind Repo Man

car-paid-off

Jim Ford is a repo man, the co-owner of Illini Recovery Inc., a company in Southern Illinois. Pat and Stanford Kipping were in arrears in the monthly payments for their car, a 1998 Buick, and he was engaged to repossess it.

The past due amount  was about $350, and the payment amount was $95 a month. The Kippings are elderly retirees, and when he met with them in their home, his task became more and more unpalatable. “I had to get the hell out of there,” he recalled. He was feeling more guilty by the second, and was especially bothered by their explanation that health care costs, especially rising prescription drug expenses, caused them to fall behind on their payments. Ford could see himself in that same dilemma some day.

The Golden Rule can be a bitch.

He felt so badly about taking the car that he stopped to phone a bank official only a block  or so after seizing the car, and asked if he could just pay off the whole loan on the couple’s behalf. That, he learned, would be a red tape nightmare. Instead, Ford followed a friend’s advice and  launched an online fundraising effort in his own name. That attracted support from Ford’s friends and business associates, and in about 24 hours, the appeal had raised the necessary amount, and more.

The Kippings got their car returned and completely paid for, along with an oil change, detailing, and repairs. They also received an extra $1,000, and the week of Thanksgiving, the gift of a turkey from Jim Ford and his friends. When Ford arrived to deliver the car, family members,neighbors and a reporter from a local paper were waiting to be part of the moment.

“They were really really happy,” Ford said. “I don’t know. I was just glad I could help somebody out.”

When ethics alarms ring, good things  happen.

 

A Fake Judge Disqualifies Herself From Becoming A Real Judge

This is ridiculous.

Well, sure it's OK to impersonate a judge ON STAGE...

Well, sure it’s OK to impersonate a judge ON STAGE…

The Illinois Attorney Registration and Disciplinary Commission is asking for the immediate suspension of a judicial candidate Rhonda Crawford, who is running  for a judgeship covering parts of Chicago and its suburbs. The request asks the Illinois Supreme Court to block Crawford from becoming a judge if she wins the election, which is likely, since she is running unopposed. The reason she has been deemed unfit to be a judge is that she already pretended to be one, in essence impersonating a judge and ruling on cases in traffic court.

Crawford admitted last month that she wore a judicial robe and sat at the bench as part of a “shadowing process”  under the direction Judge Valarie Turner, who was reprimanded and  reassigned to administrative duties after pulling the stunt. Near the end of the afternoon court call, Judge Turner announced that “we’re going to switch judges” and gave her judicial robe to Crawford. Crawford didn’t correct the misstatement, and began acting as the judge. Judge Turner, who appears to have taken leave of her senses, told the prosecutor earlier in the day that Crawford was a judge, and Crawford did not correct the misstatement. When an officer in the courtroom congratulated Crawford on her judgeship, Crawford did not correct him, either. Judge Turner later told the presiding judge investigating the incident that she thought Crawford really was a judge, which is odd since she was employed as a law clerk and staff attorney, and real judges tend to have their own robes while not requiring second judges to stand behind them. Continue reading

I LOVE This Story! If You Don’t Love This Story, Something’s Wrong With You…Or You’re A Mainstream Media Journalist

pointing and laughing

Following the Orlando terror attack, Chicago Sun-Times columnist Neil Steinberg, convinced that the attack wouldn’t have occurred if only we had sufficient gun regulations, decided to demonstrate how easy it would to obtain an AR-15 in Illinois. [This was already a bad start to his investigative reporting, since Steinberg didn’t investigate the gun used in Orlando: it wasn’t an AR-15. Then again, since anti-gun zealots don’t care about such details (“All guns BAD”) and low-information citizens still trust the news media not to misinform them, this didn’t matter to the reporter. But I digress…)

A background check was triggered by Steinberg’s application for the weapon,  and he was rejected. It seems the reporter had an “admitted history of alcohol abuse,” and there was a charge for domestic battery on his record.

Isn’t that wonderful?

Children: here is the meaning of “to be hoisted by your own petard.” Say thank you to Mr. Steinberg! Continue reading

The Ethics Of Judges In Love

gavel heart

When  attorney Joe Foley represented a client in a matter before Judge Scott Drazewski in early 2011, he was unaware that the married judge was involved a year-long secret romantic affair with Judge Rebecca Foley, the attorney’s wife.

Now both Illinois judges  have been disciplined by state legal ethics authorities for failing to reveal their romantic relationship and violating multiple ethics rules as a result. The ethics commission imposed a four-month unpaid suspension on Drazewski for “egregious” judicial ethics violations, and censured Judge Foley for assisting, aiding, abetting, and not reporting his violation or their affair. Continue reading

Debate Questions No Democrat Will Ever Be Asked (2): “Do You Agree With The Obama Dept. Of Education That A School Must Allow A Physically Male Student Who Identifies As Female And Is A Member Of A Girl’s Sports Team To Change And Shower In The Girls’ Locker Room Without Restrictions?”

showers

It is ironic that so soon after Rachel Dolezal finally admitted the undeniable and agreed that she is, in fact, white, the federal government accepted the Caitlyn Jenner Fallacy and declared that all it takes to turn a male into a female for school policy purposes is feelings, no re-assembly required.

From the New York Times:

Federal education authorities, staking out their firmest position yet on an increasingly contentious issue, found Monday that an Illinois school district [Township High School District 211] violated anti-discrimination laws when it did not allow a transgender student who identifies as a girl and participates on a girls’ sports team to change and shower in the girls’ locker room without restrictions. 

To be blunt, and I mean blunt, this means that if a human being with a fully functioning penis says he’s a girl, a public high school is obligated by the Constitution to pretend he does not have said penis, and he must be treated as a girl and no different from any other girls in all respects. This right that nobody ever heard of before thereby means that the boy-with-a-penis-who-identifies-as-a-girl-without- one is legally able to demand that he is allowed to embarrass, upset and threaten girls who do not have cocks by forcing them, rather than him—oops, her— to dress and shower away from the group.

Everyone except the victimized members of the school’s team are wrong on this one, and there will be consequences. The school was wrong to pander to a nascent transgender social justice warrior by allowing him-becoming-her to be on the girls team in the first place.”Here’s the rule,” they should have said, “The only way we can separate girls and boys is the same way doctors do when a baby is born. How you feel is irrelevant. Which team you want to be on is irrelevant. If you have a penis, which you do, and no vagina, which you do not, then you play on the boy’s teams, or no team at all. Your choice.” Unfortunately, most school are not just run by liberals, but cowardly, intellectually lazy liberals. Nor did they see that transgender activists, like most activists, will push for more and more until they end up alienating many who support their basic argument.

Then there is the boy/girl, who was offered reasonable accommodations by the school, and decided to be a trailblazer for all similarly encumbered self-identifying females [ I made a cheap and vulgar reference here, and deleted it. I am ashamed.] and fight for their right to parade such male accessories in the faces of young women who should not have to be confronted with them in the girl’s shower.

Read my commentary on this problem. I am sympathetic, and I believe that the transitioning male-born kid who is certain that he has no snakes and snails and puppy dog tails inside should be respected and treated with dignity and compassion on his way to her-dom. He shouldn’t be bullied and he shouldn’t be discriminated against. But a rule that holds “No penises in the girl’s shower ” is not discrimination. It is common sense. It is manners.

Nor does transitioning genders make it ethical to be an asshole. Continue reading

Yes, Aaron Schock Is Untrustworthy. Why Wasn’t that Obvious From The Start?

SchlockRep. Aaron Schock (R-Ill) resigned from Congress this week, effective March 31, after it was revealed that he charged more driving miles of travel to taxpayers than he had mileage on his car. This was just the latest indication that Schock was infected with a fatal sense of entitlement, which you can read about here and  here. I’m not going to waste time declaring the Congressman unethical: obviously he is unethical. What concerns me is that he was elected to Congress three times despite being such a textbook example of a Narcissistic Personality Disorder victim that everyone should have been running away. This was a stunning instance of voters, journalists and pundits being naive, ignorant and incompetent. Continue reading

Ethics Quiz: Is It Time For A “Let’s Tweet Insults About Chip McGee Day”?

Meet Chip McGee!

Meet Chip McGee!

At Bedford (New Hampshire) High School, several students were not pleased with Superintendent Chip McGee’s announcement via his Twitter feed that classes would resume the day following the school’s cancellation for snow. They responded with tweets of their own, some that were not especially pleasant. McGee, as one would expect a mature adult to be, especially one overseeing the education of children, was philosophical. saying, “Kids said some very funny, clever things. And some kids stood up and said, ‘Hey, watch your manners.’ That was great. And some kids — a few — said some really inappropriate things.”

Yes, kids will be kids. McGee then suspended those latter students for up to four days.

“It’s been a really good exercise in issues of students’ right to speech, on the one hand, and students’ and teachers’ rights to an educational environment that’s conducive to learning,” McGee explained to the Constitutionally ignorant. “Kids have the right to say whatever they want about me [and] The First Amendment right means you can say what you want, (but) it doesn’t mean that you are free of repercussion. It can’t disrupt what we’re doing in school … If something disrupts school, and it (occurs) outside school, we not only can take action, we have to.”

McGee  hopes that the punished students will learn from this incident about “the line” of decent and appropriate commentary. “You only learn that by checking where it is, and having something happen when you cross it,” he said.

Good ol’, wise ol’ Chip McGee. He has no idea what the hell he’s talking about.

The students are absolutely guaranteed of speech without “repercussion,” if the speech is off school grounds and the repercussion is from a school official who takes offense. The school has no authority to punish students for what they post on Twitter, from their homes, none at all, unless it relates directly to action at school itself, such as organizing a school disruption. A student opinion of the superintendent or his decisions? That’s 100% protected speech. I can find that right to free speech Chip mentions right there in the Constitution, but search as I might, I can’t locate in the Bill of Rights the provision describing the “students’ and teachers’ rights to an educational environment that’s conducive to learning” that extends to what a student says and writes outside of school. Where is that “right,” Chip?

Chip speaks in the measured tones of a caring educator, but he acts like a petty tyrant who is eager to abuse his position and power to punish anyone who dares to displease him in what they say or think.

No merely insulting or uncivil tweet is going to disrupt school, and if that’s Chip’s claim, he has a rather tough burden of proof to demonstrate it. Nor does a public school—that’s the state, you know— have the right to effectively censor speech by punishing content. If the speech isn’t libelous or a credible threat, Chip McGee’s reasonable remedy consists of asking to speak with the Tweeter and express his hurt and disappointment, or perhaps consulting with the student’s parents, who do have a right to limit online speech when their children are the speakers.  As an educator, he might explain to the student that insulting authority figures who you must relate to by flaming them on mass social media is neither wise, civil, nor a good habit. He might even  suggest that an apology is in order. He may not, however, abuse his power and position to constrain the free speech of those students and others by inflicting punishment. Chip McGee, who has the young minds of children within his power to lead or mislead, needs to learn this basic civics lesson, as do other tin god educators, and I’m sure there are many, who similarly itch to punish students for exercising their speech rights in the privacy of their homes.

Thus this somewhat atypical Ethics Alarms Ethics Quiz question to ponders:

Should we declare a “Let’s Tweet Insults About Chip McGee Day”?

Continue reading