Jonathan Turley

End Of Week Ethics Alarms, 10/11/2019: The Liberty Under Attack Edition

/ Jack Marshall / 39 Comments

Wait…

I’m looking forward to the weekend  even though I’ll be working throughout.

I’m obviously an idiot.

1. My Ethics Alarms doesn’t even “ping!” on this one.  KTVU, the Bay Area’s Fox affiliate, summarized the St. Louis Cardinals’ devastating win over the Braves in Game 5 of the National League Division Series with a chyron reading, “Braves Scalped.” The Horror! Exclaimed the always sensitive Yahoo! Sports, “That’s straight out of the yikes factory. Particularly given the conversation that’s surrounded the Braves recently. A Cardinals pitcher of Native American descent objected to the Braves’ infamous tomahawk chop and the team responded Wednesday by toning down its use of the chop. There’s not any good time to roll out a “scalped” headline, but this was a particularly bad one.” The headline to the story says the headline is “racist.”

OK, why? I want one good reason. If a team is going to call itself something other than “The Baseball Players,” which would be strikingly unoriginal, you have to admit, then metaphors and colorful language relating to that teams’ nickname are automatically appropriate. “Orioles’/Cardinals’/Bluejays’ Wings Clipped!”…”Red Sox/Whie Sox unravel!”…”Tigers/Cubs/ Declawed!”…”Nats Swatted!”…”Giants Dwarfed!”…  “Pirates Walk The Plank!”…”Diamondbacks Rattled!”…”Mariners Sink!” But “Braves (or Indians) Scalped!” is an outrage? The team lost 13-1! The Braves were down 10-0 after the first half-inning; it was an epic slaughter. I could u8nderstand the discomfort if Native Americans never scalped their adversaries, but they did. This isn’t some kind of historical slander. Let’s see…here’s some of a rather scholarly article on the subject of scalping…

…the languages of the eastern Indians contained many words to describe the scalp, the act of scalping, and the victim of scalping. A Catholic priest among the Hurons in 1623 learned that an onontsira was a war trophy consisting of “the skin of the head with its hair.” The five languages of the Iroquois were especially rich in words to describe the act …To the Mohawks and Oneidas, the scalp was onnonra ; the act of taking it, kannonrackwan . Their western brothers at Onondaga spoke of hononksera , a variation of the Huron word. And although they were recorded after initial contact with the Europeans, the vocabularies of the other Iroquois nations and of the Delaware, Algonquin, Malecite, Micmac, and Montagnais all contained words for scalp, scalping, and the scalped that are closely related to the native words for hair, head, skull, and skin. That these words were obviously not borrowed from European languages lends further support to the notion that they were native to America and deeply rooted in Indian life….paintings and drawings reinforce that image. The single most important picture in this regard is Theodore de Bry’s engraving of Le Moyne’s drawing of “How Outina’s Men Treated the Enemy Dead.” Based on Le Moyne’s observations in 1564-65, the 1591 engraving was the first pictorial representation of Indian scalping, one faithful to Le Moyne’s verbal description and to subsequent accounts from other regions of eastern America. The details—sharp reeds to extract the scalp, drying the green skin over a fire, displaying the trophies on long poles, and later celebrating the victory with established rituals by the sorcerer—lend authenticity to De Bry’s rendering and support to the argument for the Indian invention of scalping….[I]n the end, the American stereotype of scalping must stand as historical fact, whether we are comfortable with it or not.”

In summary, the word was obviously not meant literally to refer to a baseball game. Nor was the use of it was in no way libelous to real Native Americans. Yahoo’s pearl-clutching, and that of social media political correctness cops, is more offensive by far than the Fox chryon.

2.  As if you didn’t have to jump through too many hoops to fly already…In 2005, Congress passed the Real ID Act, which made the addition of a star to state IDs  and drivers licenses necessary to have access to nuclear power plants and federal facilities. Then some genius decided that access to airplanes should be added to the list. Continue reading →

Late-Starting Week Ethics Warm-Up, 9/3/2019: Why We Have Fake News

/ Jack Marshall / 14 Comments

A post-Labor Day mess in San Francisco…

Good morning!

1. Why we have fake news, Part A: “Journalists just make stuff up.” From the Jewish Telegraphic Agency:

A survey of American Jews showed continued disapproval of President Donald Trump, with anti-Semitism high and Israel low on the priority list for Jewish voters. The survey, conducted for a liberal-leaning Jewish organization, the Jewish Electorate Institute, by Greenberg Research, which does polling for Democratic candidates, showed 71 percent of likely Jewish-American voters disapprove of Trump and 29 percent approve, commensurate with polling since Trump’s election…The survey released Wednesday of 1,000 Jewish voters nationally was taken between May 6 and 12, and is consistent with past polling of a constituency that leans strongly Democratic…The poll showed Israeli Prime Minister Benjamin Netanyahu’s favorable/unfavorable score as 45/38. Netanyahu used to score high approval among American Jews, but his sustained clashes with Obama on Palestinian and Iran policy, and his closeness to Trump appear to have eroded American Jewish support.

Gallup:

….Our aggregate from January through August of this year shows a 29% Trump job approval rating among Jews, with 69% disapproval….

Now here’s ABC News Chief Political Analyst Matthew Dowd on Twitter:

Dowd is just citing statistic pulled out of the air, apparently. How can anyone trust these people? Continue reading →

Morning Ethics Warm-Up, 8/10/19: Insomnia Edition

/ Jack Marshall / 32 Comments

Jeez, what time is it?

This stuff  kept me awake, gave me nightmares, or made me wish I was dreaming. Started this post before 5 am…

1. Idiotic meme of the week:

A lawyer friend whom I can vouch for having a brain actually posted this thing, apparently approvingly. In zombie movies, the equivalent is when a previously normal friend suddenly bites off your nose. Jules Suzdaltsev is hard left progressive journalist whose background is in film and psychology, and would be a fine example for teaching purposes of what someone sounds like who is so far on one side of the ideological spectrum that he is incapable of finding the center. He’s an ideologue and a Leftist incapable of objective analysis or non-compliant thought, who was steeped for seven years in the  rarefied politics of San Francisco, and who tweets deliberate misrepresentations like “There have been more MASS SHOOTINGS in 2019 than there have been DAYS in 2019” and such cliched “resistance” bile like “Hey do you guys remember when the generation that grew up breathing lead fumes ended up voting for this guy as President?”

The scary thing is not Suzdaltsev—he’s a professional left-wing echo chamber provocateur, and good luck to him, glad he has a career. The scary thing is that lawyers, trained in critical thought, can reach the point where they find extremist agitprop persuasive. Society relies on educated, trained professionals to steer us clear of such rot, not to embrace it. The 2016 Post Election Ethics Train Wreck has seen one professional group after another abandon this duty for mob-pleasing expediency.

And how can someone post a statement that Bernie and Warren are barely left-of-center as anything but satire?

2. Jeffrey Epstein committed suicide, hanging himself in his cell. This was gross incompetence by the New York City jail, as well as federal authorities. If there ever was a prisoner who was a candidate for suicide (or murder), Epstein was it. He needed to be on a round-the-clock suicide watch. Epstein was allowed to cheat the justice system and his victims. He is now officially innocent of the crimes he was charged with.

Aside from all that, good. The world is better place without him in it. Continue reading →

MSNBC Legal Analyst Tweets Fake News, Social Media Makes It Viral, Prof. Turley Makes Excuses. Yecchh. [UPDATED]

/ Jack Marshall / 17 Comments

First, MSNBC legal analyst Joyce Alene Vance sends out the completely false tweet above. Of course Fox News covered the hearing. Why would she do that? Is it because she works for all all-anti-Trump-spin all the time network? Or is it because she’s a hard core partisan, having been an Obama U.S. Attorney? Maybe its because she’s not a journalist, and has no idea what kind of standards journalists are supposed to use before reporting “news.” Then again, virtually nobody at MSNBC appears to know what ethical journalism is.

Whatever the reason, she tweeted it, and immediately confirmation bias set in, with such sophisticated political analysts as horror novelist and well-established Trump-hater Stephen King helping to spread the word–three “words,” really: Fox won’t report news unfavorable to Trump, Trump is afraid of the Mueller Report (never mind that anyone’s been able to read it for months) and that Mueller’s testimony was going to be a likely calamity for the President—to his more than 5 million followers.  [NOTE: It wasn’t. It was a calamity for “the resistance” and Robert Mueller’s reputation]

Here’s King:

Continue reading →

Not Just Justice Gorsuch, Prof. Turley: The Entire Supreme Court Is Owed An Apology.

/ Jack Marshall / 10 Comments

In an article yesterday in The Hill, Constitutional Law expert Professional Jonathan Turley proclaims that Justice Neil Gorsuch is  owed an apology by the Washington political establishment (meaning D.C. Democrats and progressives) which had labeled him a “rubber stamp” and a right wing ideologue in the course of its non-stop wailing about the loss of Obama nominee Merrick Garland, the victim of a ruthless bit of partisan maneuvering by Mitch McConnell. One would have thought that Gorsuch had conspired with “Cocaine Mitch.”

Turley (who testified on Gorsuch’s behalf, so his essay has more than a bit of a smug “I told you so!” ring), focuses particularly on yesterday’s SCOTUS ruling in U.S. v. Davis, in which Gorsuch joined to so-called liberal wing to strike  down an ambiguous law that allowed enhanced penalties for a “crime of violence.” Turley was impressed that Gorsuch squared off against Supreme Court rookie Bret Kavanaugh, whose dissent seemed to be based on a version of the “Everybody does it” rationalization, arguing that the statute was used in “tens of thousands of federal prosecutions” for over 30 years and calling it “surprising” that it should suddenly be ruled unconstitutional. Continue reading →

Lunchtime Ethics Appetizer, 6/3/2019: Self-Censorship, Trump’s Ridiculous Jumbo, Turley On Mueller, And A College Ranking Scandal [Updated]

/ Jack Marshall / 15 Comments

Bon Appettit!

1. To self-censor or not to self-censor. Right after expressing here my dilemma about whether to risk political and partisan backlash by raising current, important and legitimate legal ethics issues from the Mueller investigation, there were a flurry of articles and podcasts about the dangers of self-censorship in a climate where Americans are being systematically intimidated from opposing the Woke Collective. This is a classic ethical dilemma, with ethical considerations like integrity, duty, citizenship, honesty and responsibility, are opposed by non-ethical considerations, like keeping one’s job, paying the bills, and not being cast as a pariah in one’s profession.

I was also reminded of my problem by Instapundit referencing today an old  Washington Post article about Mao’s mass murders. My company lost a lucrative sexual harassment training deal after two Chinese nationals (that I did npt know were in the audience) too offense at a tangential comment about Mao’s exterminations dwarfing those of Hitler and Stalin  (but not Darth Vader). Both contacted me and demanded apologies, claiming that it was Western propaganda and that the Great Leader had “only” executed millions out of necessity. I refused (I know I have mentioned this before here) and said I was sincerely sorry they had been subjected to cultural influences that had warped their ethics, and that if I had been aware that this was a sensitve topic to anyone in the audience, I would have omitted the reference. Having spoken the truth, however, I was not going to deny or apologize for it.

“Why didn’t you just apologize?” my client asked. And I was reminded of the moment in “1776” when a royalist in the Continental Congress asks Jefferson why he called King George “a tyrant” in the Declaration. “Because he is a tyrant,” Jefferson answers.

I’m an ethicist, I said. I’m not going to whitewash the massacre of 45-60 million people because someone is offended by the truth.

That was the end of that contract…

2. The President issues a Jumbo. Why does he do things like this? I have no idea. It si the political equivalent of pushing a pie into his own face. In an interview with the British tabloid, The Sun tabloid, Trump responded to a query about his reaction to  Megan Markle’s statement  that he is a “misogynist” and her suggestion that “she’d move to Canada if you got elected; turned out she moved here.” He said, “Well, a lot of people are moving here, so what can I say. No, I didn’t know that she was nasty.”

Of course Trump was attacked for saying that to a British newspaper—it was racist, it was an insult, the usual. Of course the President shouldn’t stoop to personal swipes at anyone; on the other hand, that’s what he does when he is attacked himself.  “Tit for Tat” and “doing unto others as they did to you” are part of Trump’s “ethics.” Can’t we stipulate this by now? Can’t TRUMP stipulate it at this point?

Then he tweeted, “I never called Meghan Markle ‘nasty.’ Made up by the Fake News Media, and they got caught cold! Will @CNN, @nytimes and others apologize? Doubt it!” He did this knowing that the Sun had his statement recorded, and sure enough, the paper  released the audiotape.

See, the idea behind Jimmy Durante saying “Elephant? What elephant?” when caught stealing the biggest pachyderm in the world in a musical comedy is that it’s obviously desperate and ridiculous, and intended to be funny.

This is just self-destructive, disturbing, and really, really stupid.

3. Jonathan Turley on Mueller. The George Washington Law prof has consistently been a voice of reason and objectivity reagarding the Mueller investigation. He has recently written two excellent columns on Mueller’s public statement, here, and here.

Greg should send them to his ex-friend.

4. Why is this more damaging to a school than, say, falsely instructing students about justice, the right to representation, and due process?

From TaxProf Blog: “University Of Oklahoma Inflated Its Alumni Giving Data For 20 Years, U.S. News Strips Its #127 Ranking”

The University of Oklahoma admitted to  U.S. News that it had inflated its alumni giving data since 1999, which affects its placement in the National Universities, Best Value Schools, Top Public Schools, Best Colleges for Veterans and A-Plus Schools for B Students rankings and lists. For the 2019 Best Colleges rankings, the University of Oklahoma originally reported its two-year alumni giving rate at 14 percent. The school informed U.S. News the correct value is 9.7 percent. The average alumni giving rate has a weight of 5 percent in the Best Colleges ranking methodology.

And now,

A former OU student has filed a class action lawsuit against the University of Oklahoma as a result of the university being stripped of its U.S. News & World Report ranking. [Gretzer v. Oklahoma, No. 19-490 (W.D. OK May 28, 2019]

The lawsuit, which was filed May 28 on behalf of former OU student Elani Gretzer and all OU undergraduate students since 1999, alleges the university broke contract by providing false alumni giving data to U.S. News & World Report, inflating its ranking in U.S. News & World Report’s “Best Colleges” ranking as a result.

The lawsuit alleges the U.S. News & World Report’s ranking of the Price College of Business was a “material factor” in Gretzer’s decision to enroll at OU. … The suit is also filed on behalf of an estimated minimum of 350,000 people — all OU students who have enrolled since 1999, the year in which OU has admitted it began providing false information to U.S. News & World Report.

Morgan Cloud (Emory) & George Shepherd (Emory), Law Deans In Jail, 77 Mo. L. Rev. 931 (2012):

A most unlikely collection of suspects — law schools, their deans, U.S. News & World Report and its employees — may have committed felonies by publishing false information as part of U.S. News’ ranking of law schools. The possible federal felonies include mail and wire fraud, conspiracy, racketeering, and making false statements. Employees of law schools and U.S. News who committed these crimes can be punished as individuals, and under federal law the schools and U.S. News would likely be criminally liable for their agents’ crimes.

Some law schools and their deans submitted false information about the schools’ expenditures and their students’ undergraduate grades and LSAT scores. Others submitted information that may have been literally true but was misleading. Examples include misleading statistics about recent graduates’ employment rates and students’ undergraduate grades and LSAT scores.

U.S. News itself may have committed mail and wire fraud. It has republished, and sold for profit, data submitted by law schools without verifying the data’s accuracy, despite being aware that at least some schools were submitting false and misleading data. U.S. News refused to correct incorrect data and rankings errors and continued to sell that information even after individual schools confessed that they had submitted false information. In addition, U.S. News marketed its surveys and rankings as valid although they were riddled with fundamental methodological errors.

One question: why isn’t Harvard’s ranking being lowered? I suspect that it’s because maleducating students and systematically undermining American values and civil rights isn’t included in the criteria.

It should be.

I Figured It Out: The Congressional Democrats Are Imitating Saddam Hussein [PART II]

/ Jack Marshall / 6 Comments

[Continued from PART I, here]

As with Saddam’s disastrous bluff, the “we have enough for impeachment but we’re not going to impeach just yet” dance involves some reckless brinkmanship and depends on corrupt and under the table alliances, with the mainstream media replacing the U.N and its complicit members. So far the media has neglected to educate the public regarding how desperate and absurd the current subpoena tactic is, with its close similarity to the Radical Republicans’ attempt to get rid of President Andrew Johnson by demanding that he obey an illegal law, the Tenure of Office Act. (“Andrew Johnson? Who’s that? You must mean Lyndon Johnson, right? No?”)

As Johnson did, President Trump has a Constitutional obligation to protect the Separation of Powers from a House majority intent on abusing its oversight powers. The House Democrats are simultaneously claiming that they have enough WMDs—lets’ call them WTDs, Weapons of Trump’ Destruction—to take down the President, while they continue to search desperately for what they are lying about having. Thus they are demanding that they see the unredacted Mueller report, which would be illegal, getting Trump’s tax documents, which would be a dangerous abuse of privacy and the oversight function, and forcing the former White House Counsel to reveal privileged information, which he cannot legally or ethically do. The idea appears to be to let these orchestrated controversies distract the public and continue into the 2020 campaign, with the Democrats running on a “he should be impeached, but it’s easier just to beat him” theme.

The only question is whether the news media will be any more successful saving the Democrats from their dishonest and dangerous bluff than the U.N.’s crooks were protecting Saddam. I doubt it. The U.N. had and even now has more credibility than  the self-flaying news media, and for good reason.

Last week, for example, two New York Times columnists made foolishly weak arguments that Trump had committed impeachable offenses. For clinically Trump-deranged Charles Blow, for whom every column is a barely restrained primal scream against Trump’s existence, the imagined offense is criticizing the press for being exactly as corrupt, biased and untrustworthy as Blow proves it is every week. His own dishonesty is what distinguishes the column; for example, he writes that a poll (Blow loves cherry-picking polls, a flaw he shares with Trump) found that 49% to 36%, Republicans agree that the news media is “the enemy of the people,” but all other groups say that the media “is an important part of democracy.” Continue reading →

Mid-Day Moldy Ethics Snack, 5/8/2019: Bad Charge, Bad School, Bad Father

/ Jack Marshall / 15 Comments

Yechhh!

1. Do something, blame someone…In Plano, Texas, police have charged Lindsey Glass with violating a law making it a misdemeanor to negligently sell alcohol to a “habitual drunkard or an intoxicated or insane person,.” It seems she served Spencer Hight two gins, two beers and a shot of alcohol during two visits to the bar where she was working in September 2017, before Hight killed Meredith Hight and seven other people. After  police officers shot and killed him, an autopsy found that Hight’s blood alcohol level was about four times the legal limit. The  arrest affidavit said surveillance video shows  that Hight was unsteady, spun a “big knife on the bar,” and could be seen “pulling out a gun” from his waistband.

It’s a terrible charge, and an unethical prosecution.  Glass  texted a co-worker, another bartender, saying that Hight had been spinning the knife and told her had had to go “do some dirty work.” A report by the Texas Alcoholic Beverage Commission said  that the other bartender had called an owner of the bar, who instructed that  police should not be called. Glass was so concerned that followed Hight to his ex-wife’s home and then called 911, according to local station  Fox 4.

A lawyer for Glass emphasized  that his client had called 911 and said she had been commended by police. “It is shameful of the Plano Police Department to go after the person who was vital in trying to stop the horrific events of that evening,” he told Fox 4 and NBC in a statement. Exactly right. Police, spurred by public anger and frustration, want to find someone to blame. The fact that the drunk  went off and killed eight people is pure moral luck. It seems that the bartender went above and beyond her civic duty, at some personal risk, to follow Hight. She was originally commended by police for her actions. [Pointer: ABA Journal]
Continue reading →

Quick Ethics Takes Because I Don’t Have Time For Longer Ones Right Now: More Facebook Wars, Buttigieg Gets #MeTooed, And An Ethics Mess…

/ Jack Marshall / 30 Comments

—Pete Buttigieg has been accused of sexual assault. Of course he has. No white male will be allowed to threaten the presumed right of a woman—some female Democrat to try to accomplish what Hillary could not. When did I first point this out? It was a long time ago. #MeToo is now a political weapon that has less to do with exposing sexual assault and harassment than it does with giving women and progressives a way to destroy anyone they need to.

—More on the Facebook wars….This morning I wrote about my infuriating back and forth with Facebook SJWs who claimed that the President calling Robert E. Lee a “great general” was a white supremacy dog whistle. Others have joined in, citing the fact that 31 states have statutes honoring  Lee as “proof” that the only purpose of the honors were to “intimidate blacks.” “Why not just the Confederate states?” they asked. Why? Because Lee isn’t just important because he was a Confederate general, that’s why. He was an important figure in American history, ethics, education, and military innovation.

Until Lee was targeted by the Left, he was nearly universally regarded as a complex, perhaps tragic, major American force and role model for since 1865.  I’m not a Lee fan, but he deserves to be honored if for no other reason than because he personally vetoed the plan to take the war into the hills, and use guerilla tactics to make  defeating the Confederacy too long a process for the North to sustain. His noble acceptance of full responsibility for the defeat of Pickett’s Charge, exonerating his men (“It was all my fault!”) is a military and American leadership cornerstone, emulated by General Eisenhower in his note, never used, accepting full responsibility for the Allies defeat at D-Day.

—-But here, as they say, is the beauty part. At the same time, elsewhere on Facebook, I was chastising a friend who said that he couldn’t support Biden until he publicly apologized to Anita Hill. Of course, nobody should apologize to Hill, who engineered a despicable  ambush designed to run the career and reputation of her long-time patron, Clarence Thomas, because he dared to be a conservative jurist. To make my friend’s statement even more ridiculous, while there was never any confirmation of Hill’s allegations of sexual harassment, Biden has been blithely going through life, harassing one woman after another, but meaning well. But I digress. Continue reading →

Early Ethics Observations On Reactions To The Mueller Report

/ Jack Marshall / 25 Comments

It was exactly 12:45 pm when I was informed by NPR that Nancy Pelosi and Chuck Schumer had issued a joint statement claiming the Attorney General Barr’s four page summary of the report released today had misled Congress. The report had been released at 11:00 am, and was over 400 pages long, as well as extremely dense, full of detailed legal arguments that even lawyers…like me…would have to read slowly and maybe more than once. What are the chances that Chuck and Nancy had read the report  by 12:45? I think “none” is a fair answer. It’s highly unlikely that any of their staff had read the report by them either. The accusation against Barr was a lie.

See that graphic above? That’s the dishonest fundraiser Democrats sent out almost immediately to inspire indignation from Democrats who haven’t read the report. If there are any ethical Democrats whose reaction to this isn’t “How dare my party treat me like I’m an idiot and give me false and misleading information and analysis to separate me from my money?” I’d like to hear from them. Maybe there just aren’t any ethical Democrats at all. At this point, I’m willing to entertain that possibility.

By the way, I’m about 40% through the report, though not in sequence. It is thorough, professional and appears to be fair. Continue reading →