Ferguson Ethics Train Wreck Update: Unethical Prosecutors Edition

McCulloch: Mission Impossible

McCulloch: Mission Impossible

  • CNN’s Unethical Experts. Where does CNN find these people? Carol Costello interviewed two former prosecutors regarding the beginning of grand jury deliberations in Ferguson, both female; one white and blonde, one African American. (As soon as I retrieve the names of these disgraceful representatives of the legal profession, I’ll add them to the post.) The African American prosecutor made her position clear: since St. Louis County Prosecutor Robert McCulloch has the authority to charge Officer Darren Williams without resorting to a grand jury, that’s what he should do. She termed his resort to a citizen panel to review the evidence a “punt.” Note that McCulloch’s critics have no idea what evidence is in his hands, so criticizing his decisions regarding it is by any measure irresponsible, unprofessional and unfair. She also  suggested that McCulloch was biased against African Americans because his father, a police officer, had been shot and killed by a black man. She presented no other evidence of racial bias. Then Costello went to the blonde ex-prosecutor, who a) agreed that using the grand jury was a “punt”—again without her personal knowledge of the evidence being considered; b) opined that the evidence was probably a mess, and was not clear enough or sufficient to conflict the officer of anything, so c) what should be done is appoint a special prosecutor as in the Trayvon Martin case. She noted that the Martin special prosecutor, Angela Corey, brought an indictment without using a grand jury, and that while the case may not have had enough evidence to sustain a conviction...“at least it calmed things down.”   

Continue reading

Ferguson’s “How Dare You Challenge Our Narrative?” Protest

Mike-Brown-Signs

There was another large demonstration in Ferguson last night. This one appears to have been more proportionately and wisely managed by Ferguson police, who still had a bad day that didn’t do much to erase the impression that its leadership is not equipped to deal with the challenges posed by race politics in 21st Century America. The inexplicably delayed information on the circumstances surrounding the shooting death of teenager Michael Brown, including the name of the officer involved (who can now count on receiving death threats and having celebrities try to help vigilantes by tweeting his address), “infuriated”  Brown’s family and the African American community in Ferguson, on the theory that video showing Brown robbing a convenience store and assaulting its owner was an attempt to smear the victim of a racist killing, and to “justify” an execution.

It’s an unethical theory, and the news media and fair observers should reject it. Indeed, they have a duty to reject it.

A young man is dead, and that is a tragedy. Another young man, the one who shot him, is also involved, and his life, while not over, is going to be permanently scarred in the best case scenario. If “justice,” the word that the demonstrators in Ferguson and elsewhere are using as a mantra, is being used to mean what it is supposed to mean (and, it is not), then the young police officer deserves justice too. That means, at very least, waiting until all the facts are known that can be known, and making a dispassionate, objective, non-politically motivated analysis of what occurred, who was at fault, what crimes, if any, were committed, and how to prevent such incidents in the future.

Is that too much to ask? To insist upon?

So it seems. Continue reading

Mid-EthicsTrainwreck Observations On Ferguson

train_wreck

1. This is traveling the identical route as the Trayvon Martin-George Zimmerman fiasco, and I wonder when the intentional similarity will begin dawning on the public, discrediting the participants and embarrassing the news media, which is as Pavlovian as the most conditioned canine.

2. In an environment where race grievance vultures lie in wait, the usual rule of prudence—an ethical value— for law enforcement becomes a fatal error. Now, if a police department waits and investigates before making an official report or filing charges when a white individual has killed a black one, it will be spun by those seeking to find sinister motives, and the news media will take the cue.

3. As in the Martin case, the victim was immediately portrayed by his family as being as threatening as a Care Bear, except for his race. Martin was introduced to the public by the news media with an old photo that made him look about 12. Michael Brown was introduced by his promising future: he was going to college, and his parents were proud of him, as if these factors are proof of unquestionable virtue and innocence. He was unarmed, and a teenager. But as I learned for the first time by seeing the surveillance video of the alleged robbery, he was a huge teenager. A man that big doesn’t have to be armed to be dangerous. Naturally, all public impressions of the incident were formed before any of this came to light. This also addresses the new outrage by protesters that the video was released to “justify” the killing. The video let us know that Brown wasn’t a harmless kid, and that’s valid information now. Continue reading

CNN’s Carol Costello, Making CNN Viewers Dumber Yet Again

Lauren-Bacall-To-Have_l

The least we should be able to ask of the news media, since they obviously can’t be trusted to report the news competently, objectively or fairly, is to not make the public more stupid and ignorant than it already is. CNN’s Carol Costello, a prime offender in the incompetent and biased, can’t even clear this low bar.

This morning, as the networks interrupted their around the clock Robin Williams death coverage to note the passing of famed screen siren Lauren Bacall at the ripe old age of 89, Costello led her report by referencing Bacall’s “beauty, talent, and wit.” Her wit was represented by a clip of her famous line as “Slim” in “To Have and Have Not” (1944):

“You know you don’t have to act with me, Steve. You don’t have to say anything, and you don’t have to do anything. Not a thing. Oh, maybe just whistle. You know how to whistle, don’t you, Steve? You just put your lips together and… blow. “

But this quote has no relationship at all to Bacall’s wit, and she was indeed witty. The line was written by Jules Furthman, or perhaps William Faukner, both credited with the screenplay, inspired by Ernest Hemingway, who wrote the novel and created the character Bacall was playing. A seven-year-old could have been just as witty, with these guys putting words in her mouth.

Incredibly, a ridiculous number of people really think actors are responsible for the lines they say on stage or on screen. This is, you’ll agree, idiotic and an embarrassment, and CNN should not be encouraging such a misconception.

And yet it did.

Ethics Quote Of The Week: Blogger Ann Althouse

“(The link goes to The New York Times, not to some Obama-bashing site.)”

—Law professor/bloggress Ann Althouse, sending readers to an article about the Obama administration has apparently squandered 11 billion dollars on a mismanaged, ill-conceived, never realistic effort to launch high speed rail in the U.S.

Now you guys, we can only trust on POSITIVE Obama stories....

Now you guys, we can only trust on POSITIVE Obama stories….

Quite apart from the story itself, which reveals just another example of the stunning ineptitude and waste in this most incompetent of all possible presidencies, Althouse’s statement raises several important ethical issues. Admittedly, there are websites that literally won’t publish anything positive about Barack Obama’s efforts, but to be fair, any media outlet that is objective and doing its job will become, by necessity, an “Obama-bashing site,” because the President’s record, results, conduct and leadership skills have been routinely dreadful. The fact that most sites that qualify for that description are already biased against progressives and Democrats shows how hopelessly polarized, and lacking in journalistic integrity the mainstream media is. Continue reading

Unethical Website of the Month: Kio’s Asian Stir, Newport, Rhode Island

kios-asian-stir-I hate to pick on a small Chinese restaurant, but this kind of casual incompetence in an electronic age is ridiculous. Besides, I’m tired, hungry, and not in the mood to be tolerant.

I’m in Newport, you see, where I have  presented three-hour legal ethics seminars to two large and responsive groups of lawyers, courtesy of AON and the Rhode Island bar. My wife was kind enough to accompany me, and thus instead of returning from a seminar to a lonely hotel room and endless hours surfing cable TV, I am actually enjoying my surroundings for a change, driving around, checking out galleries, walking along the shore. The only persistent problem is meals. By the time I finish the seminar, talk with participants, get back to our bed-and-breakfast in scenic Newport and walk Rugby (he’s here too), it’s invariably 2:30 0r later; by the time we drive to Iggy’s or Flo’s (double yum) for clams, it’s 4:00, meaning that dinner is up against the hard, generally 9 PM deadline most kitchens observe around here, and the fact that I’m as fried as the clams we ate and barely able to move. This makes carry-out mandatory, but time is tight.

By this time we’re sick of pizza and sandwiches, so after perusing the options, and there goes another 20 minutes, we arrive at the perfect solution: the well-regarded Asian restaurant Kio’s, which is close by (everything is close-by; this is Rhode Island), delivers, and, it announces on it’s website, I can order on-line! See…

We are adding Online service to Kio’s Chinese Cuisine in Newport, RI. You can now online order your favorite chinese dishes such as Chicken Chow Mein, Shrimp with Cashew Nuts and Sauteed Mixed Vegetables. Order online is easy and fun. We provide fast Delivery too (minimum order $10). Order Now!

For the special experience of ordering online at Kio’s, try the link. There’s the tantalizing menu, but oddly, clicking on the various options accomplishes nothing. You will search in vain for a form or anything else that suggests “on-line order,” much less “easy and fun” on-line order. Continue reading

Culture Of Unaccountability: Of Course The President Should Fire John Brennan, And Of Course He Won’t

CIA Director John Brennan Speaks At The Council On Foreign Relations

Democratic Senators, who for some strange reason don’t think they should be spied on while the Director of the C.I.A. lies to their faces, are indignantly calling for John Brennan, who did the lying and was probably behind the spying too, to either resign, or be fired. On Tuesday, it was revealed that contrary to what Brennan swore was true in March, the spy agency has been illegally monitoring  the computers of Senate staffers investigating Bush administration interrogation practices, a.k.a. torture. This means that in March, when Brennan went before  the Council of Foreign Relations and responded to questions about allegations of such activities and said…

“Nothing could be further from the truth. I mean, we wouldn’t do that. I mean, that’s just beyond the scope of reason.”

…he lied. Or, in the alternative, as is always a good possibility in the administration of Barack Obama, he had no idea what was going on in his own department, just like, if they are all to believed, Hillary Clinton at the State Department, the various heads of the I.R.S., the NSA’s James Clapper, the Veterans Administration ex-chief Eric Shinseki, Eric Holder, Kathleen Sibelius as the Affordable Care Act fell apart under her oversight, and of course, the President himself, whose non-leadership style infects all he surveys. Thus it should be no surprise to anyone that the immediate response to this news by the President was that it was all a big misunderstanding, and that Brennan has his “full confidence.” Continue reading

More Bad Law Ethics: Integrity Test Coming For The Judiciary On Obamacare

"Dear Courts: We intend this mess to be a big, perfect, beautiful palace. Please let us know when its finished.       Your Friend, Congress"

“Dear Courts: We intend this mess to be a big, perfect, beautiful palace. Please let us know when its finished.
Your Friend, Congress.”

In a recent post, I explained how the incompetent drafting and reckless manner in which the Affordable Care Act was passed has corrupted every branch of the government as well as damaged our system and the public’s faith in it. Affordable Care Act supporters continue to desperately try to excuse, fix, and rationalize this disgracefully bad law. Next up is an integrity test for the judiciary, as the legal argument against the US Court of Appeals for the DC Circuit’s decision in Halbig v. Burwell becomes untenable.

If the two judges on the three judge panel were correct, and it appears they were, then a drafting miscalculation in the ACA has rendered the health care overhaul unworkable, meaning that it can’t be fixed, constitutionally at least, by Executive Orders, waivers, delays or lies, like so much else connected to the legislation. It will have to be addressed the old-fashioned—as in “according to the Constitution”—way, or not fixed at all. Continue reading

Lessons of the Tulowitzki Jersey Fiasco

Troy Tulowitzki is the superstar Colorado Rockies shortstop, and has been since for nine years. He has been named an All-Star four times,won two Gold Glove awards and two Silver Sluggers; he is widely regarded as one of the best players in baseball. Last weekend was Tulowitzki jersey night, with 15,000 lucky fans getting a Rockies purple jersey with the home town hero’s name on the back.

Here is how the the jerseys looked…

His name is spelled T-U-L-O-W-I-T-Z-K-I...just like it sounds, in fact.

Tulo jersey

Observations: Continue reading

Jonathan Gruber, Bad Law Ethics, The Corruption Of Democracy, And The Affordable Care Act

"Oh what a tangled web we weave..." You know the rest of Sir Walter Scott's famous quote. So why doesn't the Obama Administration?

“Oh what a tangled web we weave…” You know the rest of Sir Walter Scott’s famous quote. So why doesn’t the Obama Administration?

There are important democratic lesson to be learned from the ongoing Obamacare Ethics Train Wreck, and we could discuss them objectively if the beleaguered supporters (enablers? excusers? rationalizers? propagandists?) of the law would just start accepting facts rather than resorting to dishonesty in all of its forms. The law is a mess. The law is a mess because its proponents in Congress passed it without reading it, because the public was deceived and misled in order to pass it, and because Congressional leaders and the President, in addition to not reading  major legislation that have massive consequences to the nation’s population, businesses, and budget, pushed it through without the usual two House scrutiny and amendment process.

Fixing the mess, or trying to fix it, has caused as many problems as the misbegotten law itself. (Please note that I am not discussing the intentions of the law, or what good things it might accomplish for Americans show needed help getting health insurance. That is beside the point. Good intentions don’t make a good law, or a bad law good. Look at the chaos at the border generated by the 2008 anti-human trafficking law, when it was mixed with irresponsible Democratic rhetoric and administration policies suggesting that illegal immigration restrictions were a thing of the past where children were concerned. Yes: many Americans have benefited from the Affordable Care Act. That fact alone, stated without reference to all the chaos, uncertainty, corruption, division and misrepresentations that accompany it, does not mean the law has been a success.)

The law depended on a penalty for not buying health insurance, a penalty that Democrats insisted was not a tax (so the President didn’t have to defend a large tax increase.) But a penalty for not doing what citizens should be free to do was unconstitutional, so Chief Justice John Roberts, in the spirit of avoiding government by judge, allowed the ACA to slip by in a 5-4 decision by declaring that the mandate was a tax, regardless of what it had been called to get it passed, and thus was constitutional after all.

Then the President began delaying deadlines and waiving provisions in the law that weren’t ready to go into effect or that were obviously going to cause more embarrassments. This was an abuse of power: Presidents can’t change laws by fiat. It established a dangerous precedent that undermines Constitutional democracy and the Separation of Powers. But it’s a bad law, and an unpopular law; the Republican House obviously won’t agree to the fixes needed without also doing a major overhaul, and this is, in the ironic words we keep hearing, most recently by the New York Times, Present Obama’s “most significant legislative achievement“—how sad is that?—and must be preserved at all costs.

At all costs. So far the costs of the ACA have been complete partisan polarization, the public’s realization that the President who pledged “transparency” will lie repeatedly to get his way, judicial rescue or dubious validity, and the defiance of the lawmaking procedures delineated by the Constitution. And the ethics train wreck goes on.

In Halbig v. Burwell, the US Court of Appeals for the DC Circuit ruled that those who purchase health insurance under the Affordable Care Act are only eligible for federal tax credits if they do so through an exchange established by a state.  (Another court ruled otherwise.) The court did this because this is what the miserably drafted, rushed, never-read by its own champions actually says, stating that tax credits are only available to those who purchase insurance in an “[e]xchange established by the State.” Obama-propping pundits, Democratic officials and the Administration’s spokespersons have attacked and indeed ridiculed the decision, saying that he court should have refused to enforce the actual wording of the law because it creates an absurd result. After all, the ACA’s stated goal is to expanding access to health insurance. Why would Congress try to limit it in this fashion—I mean, other than the fact that they had no idea what the law they were voting for actually had in it, just a general idea about what it was supposed to do? Continue reading