There Is Still A Chance For Justice In the Sacrifice of Officer Derek Chauvin…

When I posted on the shameful conviction of Officer Derek Chauvin in 2023 after trail that was biased from the start to its finsih, I led off with that climactic song from the musical “1776.” It seemed to me then that nobody did care, at least, not enough people in our corrupted and politicized justice system. I wrote in part,

“That the conviction of Derek Chauvin for murder was a frightening political act that trampled multiple constitutional rights of a single hated ex-cop (and later his three fellow police officers at the scene) has been increasingly undeniable. The justice system, the news media, the political system and the nation as a whole have apparently decided that Chauvin isn’t worth the effort to provide him with the basic rights and fair treatment that has been accorded to scores of murderers and thieves, and that is supposed to be the birthright of every citizen regardless of class, color or character.

“The U.S. Supreme Court, in a decision that I have to believe was dictated by public relations rather than law or justice, recently turned down Chauvin’s last ditch appeal, based on his claim that he was denied his right to a fair trial because of pretrial publicity and public safety concerns in the event of an acquittal. Of course he was. Public figures had declared him guilty during the trial. A mass outbreak of race-based rioting (and “mostly peaceful” demonstrations) across the country had been triggered by Floyd’s death, though no evidence was ever offered at trial that Chauvin was motivated by racism. The specter of the Rodney King riots that erupted in L.A. after the police accused in his beating were acquitted had to loom large in the jury’s minds, as well as the likelihood of potential alienation from their friends, families and colleagues if they allowed an arch villain, in the already clear verdict of the media and the mob, to escape mob justice….He is a convenient sacrifice to racial guilt among whites and aspiring political power among blacks. Facts are irrelevant.”

It was and is a horrifying failure of our justice system, and a horrifying example of how political violence can succeed. Now a new filing in the case raises hope again that Chauvin, who has been nearly murdered in prison, may yet be exonerated. If, as the document and its supporting documentation claims, the prosecution withheld important evidence from the defense and the jury, then Chauvin was denied due process even beyond the due process we saw him be denied in his first trial. That would mandate throwing out the verdict and giving him a new trial, one would hope in a jurisdiction not as incapable of sanity as Minneapolis.

Here is a summary:

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The NYT Tries To Create Sympathy For An Unsympathetic Jerk And Paints a Fresh Target On His Back

Is this New York Times piece deliberately making the situation it is reporting on worse, or is the writer (Brendan Kuty) just as clueless as his subject?

Baseball’s Spring Training is rapidly approaching, and so are media stories reminding us that it’s on the way. Today The Athletic, the sports publication that the New York Times owns and operates instead of its own sport page, ran a follow-up to the memorable (in a bad way) incident above that I wrote about here right after it occurred, during the World Series Two asshole Yankee fans (but I repeat myself—see? I’m getting ready for the season too!) nearly ripped Dodger outfielder Mookie Betts’ hand off trying to pry a foul pop out of his glove.

Interference was called, the Yankee batter (Gleyber Torres) was called out, and the two idiots were ejected from the game. For some reason it took Major League Baseball months to decide to ban the two from all ballparks for life, but that was ultimately the decision.

But The Athletic decided that it was time to try to make us feel sorry for Austin Capobianco, the jerk on the left in that photo whose name I had mercifully forgotten. We are told that he received a lot of mean phone calls, hate mail and mean messages on social media. Well, that’s what happens when you behave outrageously on national television and nearly hurt someone. An anonymous hater sent a box of poop to his home. Ew! and unethical, but there are a lot of crazy people out there (just look at yesterday’s protest against Elon Musk).

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“And Now, The Rest of the Story!” MLB Bans Those Two Assholes For Life…

Hey, maybe Major League Baseball reads Ethics Alarms!

In this post in October, EA reported that in the bottom of the first inning in Game 4 of the World Series with the Yankees losing 2-0, NY lead-off hitter Gleyber Torres “hit a high pop-up into right field foul territory. Dodgers right fielder Betts caught the ball with his glove, but” Asshole #1 grabbed Betts’ glove with both hands, opened it, reached inside with his right hand and knocked the ball back onto the field, as Asshole #2 assisted him. It was on national television for all to see, so the umpires, thank goodness, got the call right and ruled fan interference. Torres was called out. I ruled it the most egregious example ever of fans deliberately trying to interfere with a player’s efforts during a baseball game, and called for Austin Capobianco (Asshole #1) and John P. Hansen (Asshole #2) to be banned from attending baseball games for life.

It took three months for some absurd reason, but Major League Baseball finally has banned them from attending games at big league ballparks, probably forever. Good.

The league sent a letter to A1 and A2 this week informing them of the decision.

“On Oct. 29, 2024, during Game 4 of the World Series at Yankee Stadium, you interfered with play by intentionally and forcefully grabbing a player. Your conduct posed a serious risk to the health and safety of the player and went far over the line of acceptable fan behavior,” said the letter, released today. “Based on your conduct, Major League Baseball is banning you indefinitely from all MLB stadiums, offices, and other facilities,” the letter continues. “You are also hereby banned indefinitely from attending any events sponsored by or associated with MLB. Please be advised that if you are discovered at any MLB property or event, you will be removed from the premises and subject to arrest for trespass.”

There is justice in the universe. I would have preferred to see the letter end with a promise that if either miscreant is discovered at any MLB property or event or even so much as wearing baseball cap, he will be summarily wrapped in unwashed jock straps and have his eyelids stapled open while he is forced to watch the execrable film, “The Babe Ruth Story” starring William Bendix (which Ted Williams called “the worst movie I ever saw,” though he never saw “The Exorcist II”) on an endless loop until he can’t stop screaming and begs to have his eyes gouged out. But that’s just me.

I can live with this resolution.


Another Ethics Issue Highlighted By Biden’s Hunter Pardon [Corrected]

President Biden’s controversial and extreme pardon of his black sheep son did more than call into (further) question his honesty, integrity and trustworthiness. It also highlighted another ugly facet of his failed Presidency.

The power to grant clemency is enshrined in the Constitution is an important failsafe device against legal injustice.  When judges or juries convict an innocent person or impose an unjust sentence, often after unethical prosecutorial conduct, Presidents and governors, in the case of state crimes, possess the  irreversible power to either commute a sentence to issue a pardon, which wipes the slate clean and removes the conviction altogether. Sure the power, like all powers, can be abused, has been abused and will be abused, but it is still necessary. However, President Biden has used that power appropriately less frequently than any modern President, though our criminal laws have multiplied.

“Mr. Biden has granted 25 pardons and commuted the sentences of 131 other people, according to the most recent Justice Department data,” wrote law professors Rachel E. Barkow and Mark Osler in a September 2024 editorial in The New York Times. “That is a mere 1.4 percent of the petitions he has received, based on our analysis…Mr. Biden has issued fewer clemency grants so far than the 238—144 pardons and 94 commutations—issued by Mr. Trump during his first administration,” the Times’ Kenneth Vogel noted this week.

True, there is still time for Biden to do some good with his pardon and clemency powers, but he should have been using them all along. Biden is extending a pattern in which Presidents increasingly eschew the pardon power. “Between 1932 and 1988 the percentage of total cases acted on by the president that had been sent to him with the Justice Department’s blessing averaged around 30%,”  a 2015 piece by the Collateral Consequences Resource Center revealed. “The percentage of cases sent forward with a favorable recommendation dropped to single digits beginning with the presidency of George H.W. Bush, and it has dropped even lower in the past 15 years…The absolute numbers also tell a tale: President [Barack] Obama…granted more sentence commutations than any president since Richard Nixon, but fewer full pardons than any president since John Adams.”

Ah yes, Obama. He was a notable hypocrite on the matter of pardons. Continue reading

Ethics Quote Of The Week: Actor Tim Considine (1940-2022)

“Thank God there’s no justice in this world.”

Disney and “My Three Sons” actor Tim Considine, who died last week at age 82, in an interview quoted in his New York Times obituary.

Considine was referring to his success and rich experiences in life, which he felt were relatively undeserved. He did not regard himself as especially talented or ambitious.

The more I ponder his statement, the more profound I think it is. Understanding that there is no justice in the world is a necessary predicate for committing to an ethical life for the right reasons. Society needs as many people as possible striving to be good, having their lives exert a net benefit on others, and being exemplars of ethical values as often as they can. These habits and objectives must be committed to while fully understanding that they only collectively and on balance result in desirable results, and sometimes not even that. Continue reading

Afternoon Ethics Clean-up, 7/5/2021: July Fifth Weirdness And “Justice”

Celebrating July 5th as a federal holiday is affirmatively strange, because not much good happened on this date. Ted Williams died on July 5, 2002, for example. In 1852, Frederick Douglass picked this date to give his “What to the Slave Is the Fourth of July?” anti-America speech to the Ladies’ Anti-Slavery Society in Rochester, laying the groundwork for anti-America movements in the black community ever since. On this date in 1921, baseball began unraveling the worst scandal in U.S. professional sports, as it concluded that the 1919 World Series had been fixed by gamblers bribing the key players on the Chicago White Sox, aka “The Black Sox.” It was also the date, in 1865, that a military tribunal convicted David Herold, George Atzerodt, Lewis Payne, Mary Surratt, Michael O’Laughlin, Edward Spangler, Samuel Arnold and Dr. Samuel Mudd of “maliciously, unlawfully, and traitorously” conspiring with John Wilkes Booth and others to assassinate President Lincoln on April 14, 1865, and planning to kill General Grant, Vice President Johnson, and Secretary of State William Seward. It was one of the most unfair trials in U.S. history, despite the fact that all of the alleged conspirators were probably guilty. Herold, Atzerodt, Payne, and Surratt were executed [above].

In short, it’s not a good date for ethics.

So far…

1 Ethics Alarms has a new Ethics Villain to keep tabs on. David Cole, the ACLU Legal Director who made an ass of himself and attacked his organization’s own client by criticizing a SCOTUS decision that followed the ACLU’s position, was the main authority in a New York Times review of the Court’s just completed term. Here’s nice Cole quote: “The new court is definitely conservative, but that doesn’t mean it is necessarily hostile to civil liberties. It protected many liberties that conservatives favor, including religious liberty, property rights, free speech, the privacy of the home and the right of the wealthy to donate to charities anonymously.”

No partisan bias there! Wait, David, just what are the rights that the progressive justices protect?

2. Speaking of SCOTUS, Steve-O-in NJ asked for my opinion of this idiotic essay in The Week: “The case for ending judicial review.” It reminded me that I never finished the Ethics Alarms compendium of fake news categories, of which this is one: Fantasy Controversies. This kind of essay might as well be “The case for eliminating sex,” “The case for using flatulence to fly to the moon” or “The case for a cheese-based economy.” There is no way for Congress to stop the Court from overruling laws—Separation of Powers exemplified— it finds unconstitutional short of a Constitutional amendment, which is fantasy itself. At the end of the essay, the author concludes, ‘Well, maybe it’s not such a good idea after all.’

It is unethical to waste readers’ time.

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Comment Of The Day: “From The Law Vs. Ethics Files: This Controversy Has Everything—Fine Art, Nazis, Lawsuits, Sheep…”

hitler-art

Genie Baskir, who has commented on Ethics Alarms since 2011 and averages about two entries a year, makes her latest comment count: it’s an unusually tough and moving Comment of the Day, on the post, From The Law Vs. Ethics Files: This Controversy Has Everything—Fine Art, Nazis, Lawsuits, Sheep…:

Everything was stolen from Leone and her own children and grandchildren. The painting represents the hole in her life and that of her descendants whether obvious or not. The University of Oklahoma’s insistence on keeping the spoils of Holocaust looting represents the continued suffering of every victim of massacre and mass murder since WWII. Overcoming this trauma does not absolve offspring collaborators of their offenses and, let me make this clear, the University of Oklahoma is an offspring collaborator. It knows that Leone Meyer was in the subordinate position in this negotiation and now it wants to continue it descendant collaboration in mass murder and looting because it thinks it can just like the first Nazis held their collective victims’ feet to the fire 80 years ago.

The majority of Holocaust survivors are dead now but their children know and remember the hole in their collective lives as they are collateral victims themselves. We know and remember. Leone Meyer knows and remembers.

My own mother died not ever knowing what happened to her parents and brother. Both of my parents were sole survivors of large extended families. Imagine having no grandparents, aunts, uncles, cousins or any close blood relations. Imagine being a child processing that everyone of immediate consequence has been murdered. I claim no uniqueness. Massacres and the resulting survivors are still a common occurrence. What’s missing is the empathy and compassion of those who have not that knowledge.

When my mother, aged 15, returned to her home after walking across Poland in late 1944 the next door neighbor, stunned that she survived, reported that the home had been looted by all of the neighbors. He then returned to her a doll and her movie star picture albums. The neighbor then told her to get out of town or she would be murdered by her other neighbors who were complicit in the disappearance of the Jewish families.

The back of the returned movie star pictures had my mother’s mother’s handwriting on them. This handwriting is the only extant evidence that Augusta Pecenik Fischer ever lived at all. Lucky for me that no one is fighting me for these artifacts.

If possession is 9/10ths of the law and the painting is still in France then let France continue to atone for its own collaboration in mass murder. Who will enforce the Oklahoma District Judge’s Order anyway? Who does he or she think they are? After everything that has happened to us, we are afraid of a contempt order from a Judge with no enforcement ability anyway? This Judge is another offspring collaborator if he or she thinks those of us with knowledge care about the ruling.

The burden is on those of us with the knowledge of such tragedy and trauma to try and relieve the suffering of those who are continuing victims. The Judaicide of the 20th century is unique only in that its surviving victims had the strength and wherewithal to demand wholeness in the aftermath. No one was ever made whole but the ability to continue the struggle was rejuvenating as was the ability to start again with new families and offspring and new wealth.

Anyone who knew my mother in the United States without knowing what happened to her would never have guessed what was taken from her when she was just a little girl. Her suffering was never an exterior mien burdening all who met her. She channeled her efforts at wholeness into amassing her own impressive wealth and living well as her revenge. Leone Meyer is struggling for wholeness as represented by this great work of art and she is already the winner.

Offspring collaborators like the University of Oklahoma are empty vessels of opportunity mixed with ignorance and hatred for their moral obligations. We must pray for them to realize the errors of their ways.

From The Law Vs. Ethics Files: This Controversy Has Everything—Fine Art, Nazis, Lawsuits, Sheep…

stolen painting

The painting above is “La Bergère,” or “Shepherdess Bringing in Sheep,” by Camille Pissarro, a renowned French Impressionist. The 1886 painting, like so many other priceless works of art, was stolen by the Nazis in 1941, when they looted the French bank where the Jewish family who owned, the Meyers, it had placed the painting for safe-keeping. Dr. Léone Meyer, whose mother, grandmother, uncle and brother died in Auschwitz, searched for her family heirloom ever since the end of World War II. Finally, in 2012, she traced the painting to the Fred Jones Jr. Museum of Art at the University of Oklahoma.

In 2016, she negotiated a compromise to trade the painting back and forth between the university and a French museum, but the controversy was re-opened when Dr. Meyer decided that she wants the painting permanently dispalyed in France. Now the courts are involved, on two continents. A judicial tribunal in Paris is deciding whether to block the work from being shipped out of France, and ordered Dr. Meyer and the university to meet with mediators. A federal judge in Oklahoma, meanwhile, has threatened to hold Dr. Meyer in contempt if she continued to pursue litigation in France. A trial is scheduled for January 19 in Paris to hear Dr. Meyer’s arguments for keeping the work there, and a second hearing is set for March on whether to prohibit the painting’s trip back to where the the wind comes sweeping down the plain.

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Regarding The Emotional And Ignorant Demands For “Justice” After The Breonna Taylor Grand Jury Decision

I had a lot of standard Ethics Alarms movie clips to choose from for this post. Half of them apply, but the one above is the most apt. Indicting the officers involved in the death of Breonna Taylor would have nothing to do with “justice,” and yet that is what we are hearing in what Joe Biden called, fatuously,  “the profound grief & anger today’s decision generated.” There’s nothing profound about allowing primitive instincts and waw emotion govern  one’s words, thoughts and actions.

Let’s look at this phenomenon, if we can stand it. The Boston Globe ran a per se idiotic op-ed  by Jeneé Osterheldt  titled, “Breonna Taylor and America’s wanton disregard for Black lives.”

I’m sure other similar screeds can be or will be found in papers like the New York Times and the Washington Post, but the Globe’s primal scream cretinism will do:

The country made a commodity of Breonna Taylor. It’s always exploited Black lives.A $12 million settlement with her family in a wrongful death lawsuitwas cheaper for Louisville than it would be to charge and indict any cop for killing the 26-year-old. Buying, selling, using, and abusing Black bodies is America’s oldest business….we never should have thought the American government could provide justice to Taylor’s family. Kentucky’s attorney general may be Black, but he is complicit in a system designed to use brutalization and incarceration to enforce law and order. They will tellprotesters to be peaceful and call their killers patriots and just. This is our American life and Taylor’s American death.

This is completely illiterate and ignorant, factually, legally and ethically, and it is irresponsible for a newspaper to employ a columnist who can’t reason more clearly and express herself more responsibly than that. She confounds concepts and mistakes substance. The officers who shot and killed Breonna Tayloor committed no crime. They would have committed no crime if their gunshots protecting themselves from the victim’s boyfriend, who was not unreasonably shooting at what appeared to be  armed home invaders (the officers were not in uniform), had killed a white woman, or a child, or Ruth  Bader Ginsburg. There was no crime under the law, and it’s not even a very complicated law.  Why are people who don’t comprehend such concepts as “intent,” “crime” and “murder” writing and ranting about “justice” in public forums? Why is anybody giving them access to those forums, where they can make the public less informed, more incensed and less rational? Continue reading

Sunday Ethics Warm-Up, 8/2/2020: Imaginary Fans In New York, Elusive Justice In England, And Utter Cluelessness In Colorado

There’s nothing like a great hymn on a Sunday, and it’s always a good time to hear the rousing Battle Hymn of the Republic. When they sang it at Winston Churchill’s funeral—he chose it for that occasion–the moment was unforgettable. I made sure it was sung at my father’s funeral service at Arlington as well in 2010. Thanks to the largely theatrical mourners in the chapel,  side benefit of directing so many musicals and operettas, the rendition was spectacular. “Wow!” the surprised chaplain exclaimed.

It’s a good thing Dad wasn’t singing. He loved belting out that song, and he was completely tone deaf. His version of the Star Spangled Banner would bring anyone to their knees. It made Rosanne seem like Beverly Sills.

1. A gaffe with signature significance. The governor of Colorado, John Hickenlooper, was widely conceded to be a shoo-in to take the Senate seat away from Republican incumbent Cory Gardner. Then he said “All lives matter.” The Horror. Worse, he said that George Floyd was shot. He really did.

I can’t imagine a more conclusive sign that a politician is simply exploiting an event rather than bothering to learn what happened or think about it. The entire catalyzing effect of Floyd’s death was the symbolism of the cop’s knee on his throat. This guy even ran for President, and this is the seriousness and diligence with which he approaches political leadership. What were all those “I Can’t Breathe!” signs about, Governor?

Glenn Reynolds often says that we have the worst political class in U.S. history. I am reflexively opposed to “this is the worst it has ever been” pronouncements, but in this case, I am inclined to agree.

2. Yecchh! Continue reading