Morning Ethics Warm-Up, 3/13/2020: Let’s Talk About Something Other Than The Whateveryoucallit Virus [Updated!]

Good Morning!

1. Hmmmm. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Recognize those words? Might the news media have the sense and integrity to include them in stories about state governments “ordering” that there be no public gatherings of 500 or more (New York) and 250 or more (Washington state)?

Update: Massachusetts just “banned” gatherings of over 250. I’d like to see the research showing that numbers not ending in zero are unsafe.

As far as I can figure out, a state governor can’t unilaterally restrict the right to assemble even in a “state of emergency,” and whether such a draconian measure is permissible is subject to court challenge and judicial scrutiny. These two orders seem especially vulnerable. Why 500? Why 250?

I’d feel a lot better if organizations and the public would assert their rights and demand that governors, as Tom Cruise was required by Jack Nicholson in “A Few Good Men,” to ask nicely. This reminds me of Boston, of all places, meekly submitting in 2013 to a completely illegal demand by police that its citizens stay inside while the search for the Boston Marathon bombings was underway. Fear is a dangerous tool in the hands of the powerful, who have a nasty habit of becoming totalitarians if they sense any lack of resolve among their potential lackeys and victims.

2. Every now and then Jake Tapper’s once significant commitment to honest journalism creeps out of its post-CNN recruitment paralysis. Tapper recently opined on the air that Democratic voters were acting  like progressive  pundits:

“To be completely frank, I’m getting real 2004 vibes tonight…Democrats want to defeat an incumbent Republican so badly…that they decide which one is electable…and they decide, okay, it’s John Kerry, or in this case it’s Joe Biden… the point is that when you have the Democratic electorate deciding that they are all a bunch of Rachel Maddows and Chris Hayess and the like, that they’re just, you know, progressive pundits and they’re going to pick out who is the best one, maybe they don’t necessarily always know what they’re doing.”

“Hey! Where’s Tapper’s Kool-Aid? Get him a straw, quick!” I assume that within days, a former female guest will reveal that in 2014 Tapper complimented how she looked in her dress and asked, “Are you working out?,” leading to his immediate dismissal.

A fair point made by CNN critics: “I wonder why he didn’t say “Don Lemon and Chris Cuomo?” Continue reading

The Case of the Excessively Flexible Lawyer

A Louisville lawyer named Keith Kamenish wants to defend Dion Neal, a drug dealer, against a murder-for-hire charge.  A police informant wearing a wire recorded a hit man as he said  that he was paid by Neal to kill a competitor for him. “I put 36 slugs in that nigger’s face and stood on his head,” the independent contractor boasted, according to a transcript of the conversation filed in court. “The whole head collapsed!”

Nice.

The government is trying to get Kamenish kicked off the case, and here is why: the guy whose head collapsed, LaJuante “B.B.” Jackson, was a Kamenish client at the time of his murder. Jackson was shot just four weeks after Kamenish got Jackson released on bond on a state drug charge; the lawyer’s blood- stained business card was found in Jackson’s wallet. Continue reading