Assorted Ethics Thoughts In The Throes Of Insomnia, 8/17/2019: The Foot-In-Mouth Edition

Started as a Morning Warm-Up, then it was a Mid-Day Update, then a Late Night something or other.

1. From the “Steve King is an idiot” files: Rep. Steve King, a Republican from Iowa whose avocation is sticking his foot in his mouth, told the Westside Conservative Club in Urbandale, Iowa that the unborn who result from rape are no less lives that other fetuses, and should not be subject to any “exception” to principled exception to abortion. “It’s not the baby’s fault,” he said.

So far, so good: King is right. Then he had to go and say this:

“What if we went back through all the family trees and just pulled those people out that were products of rape or incest? Would there be any population of the world left if we did that? Considering all the wars and all the rapes and pillages that’s taken place, and whatever happened to culture after society, I know that I can’t certify that I’m not a product of that. And I’d like to think every one of the lives of us are as precious as any other life.”

So when you really think about it, rape and incest are a good things, right, Steve?

That’s certainly how Democrats and progressives took his comments, and to be fair, his infuriatingly ham-handed rhetoric made it easy.  The position that unborn children are just as deserving of life regardless of how they were conceived is a powerful and greatly misunderstood ethical argument. It is not necessary to rationalize rape to make it; in fact, King’s dumb argument just muddles the issue. It’s also bad history and anthropology.

NBC has an article up claiming that King’s words show the “misogyny” at the heart of white supremacy. No, they just show that King is a moron, and we already knew that.

2. Nice. Here’s the title of a Gail Collins op-ed in yesterday’s Times: “How to torture Trump.” Continue reading

OH! The Teen Who Raped A Drunken Girl And Sent The Video Of Him Doing It To His Pals On Social Media “Has A Good Family!” That Changes Everything, Then! [UPDATED]

A New Jersey Appeals Court has reversed a decision of a Family Court judge who has a claim on the title of “Most Incompetent Judge Ever.”

The facts showed that  a drunk 16-year-old boy raped an even more drunk  16-year-old  in the basement during a party. The boy recorded a video of  himself penetrating her from behind, and then shared it on social media among friends along with a text that said, “When your first time having sex was rape.” The victim could barely recall the incident, and when she confronted her attacker, he denied that he had raped her  even as he continued to circulate the video. When the victim, known only in public records as Mary, an alias, because of her juvenile status, learned this, she had her mother contact authorities.

The Monmouth County prosecutor’s office wanted the boy to be tried as an adult. They applied for a waiver of his juvenile status, arguing that the alleged assailant’s actions were “predatory and sophisticated.”  “At the time he led ‘Mary’ into the basement gym, she was visibly intoxicated and unable to walk without stumbling,” the prosecutor wrote. “For the duration of the assault, the lights in the gym remained off and the door was barred by a foosball table. Filming a cellphone video while committing the assault was a deliberate act of debasement.”

In criminal law, the defendant’s lawyer always tries to get a “good judge,” and in this case, the accused rapist teen hit the jackpot. Judge James Troiano of Superior Court was the ideal judge for this defendant, because he apparently leads his profession in rationalizing idiocy. “Good,” in this case, meant incompetent. Continue reading

Now THAT’S An Unethical Judge!

But perhaps a potential Democratic Presidential candidate…or Virginia Lieutenant Governor maybe?

Judge Scott Gallina of Asotin County in Washington was arrested at the courthouse last week and charged with second-degree rape. He was also charged with fourth-degree assault with sexual motivation and indecent liberties, as described by  a press release by Washington’s attorney general.

Eleven women claim that Gallina subjected them to varying degrees of sexual misconduct including unwanted touching and inappropriate comments. The  women even adopted a buddy system so that no one would risk being alone with the judge in his chambers.

The rape charge involves a woman who  told investigators that she didn’t report Gallina’s alleged conduct  because she  feared she wouldn’t be believed. She did complain to Judge Gallina, who said he “could not help it because he liked beautiful women.”

And it gets creepier. Continue reading

Morning Ethics Warm-Up, 3/3/2019: “Thing’s Are Seldom What They Seem…”

Good afternoon!

1. Today’s source of maximum irritation. Remember those California wildfires at the end of last year that the news media kept reporting as proof of climate change and that prompted Democrats and talking heads to sneer in disdain at anyone, especially President Trump, who suggested that electrical equipment just might have been the cause? From NPR:

Pacific Gas and Electric says it’s “probable” that its equipment caused the Camp Fire in Northern California, the deadliest and most destructive in the state’s history.

California has not finished its investigation into PG&E’s culpability in last November’s fire that killed at least 85 people, destroyed about 14,000 structures, displacing tens of thousands of people and destroying the town of Paradise. However, the state’s largest utility, which filed for bankruptcy last month, said Thursday it expects the investigation will find that its damaged infrastructure sparked the fire.

Please let Ethics Alarms know how many of the news shows this morning mention this development.

2. Spring Training ethics note: Good news! Ethics Alarms has been campaigning for robo-umps at home plate to call balls and strikes for several years. Now MLB announces that it has finalized a three-year deal with the independent Atlantic League to have the league test rules innovations and equipment for the Show. This will include computer calling of pitches. Not so good news: it will also reportedly include moving the mound back, which is heresy.

3. Concern for Popehat’s Ken White.  There is not a smarter, more passionate, better blogger on the planet than lawyer Ken White, and while we have had our disagreements, his commentary on law and justice especially is a blessing for all Americans, even though most don’t have the sense to benefit from it. One of many reasons I admire Ken is that he has been candid about his battle with depression, a killer illness that too many people don’t understand. That malady runs in my family (or as Mortimer Brewster says in “Arsenic and Old Lace,” “Runs? It practically gallups!”), and has been responsible for more than one suicide. Popehat once was a collective, but now it’s almost entirely Ken, with occasional drop-ins from the acerbic Mark Randazza. The blog’s last entry was January 4, almost two months. I’m worried, as are most of Ken’s fans I’m sure, and I am officially sending Ethics Alarms best wishes and love to one of the really good people in multiple roles: lawyer, blogger, public educator. Get back as soon as you can, Ken. We need you. Continue reading

One More Time, The Second Accuser Scenario, And Fairness For Justin Fairfax

From the Washington Post today:

“A Maryland woman said Friday she was raped by Virginia Lt. Gov. Justin Fairfax (D) in a “premeditated and aggressive” assault in 2000, while they both were undergraduate students at Duke University. She is the second woman this week to make an accusation of sexual assault.

The woman, Meredith Watson, said Friday in a written statement through her attorney that she shared her account immediately after it happened with several classmates and friends. Watson did not speak publicly Friday and her lawyer did not make her available for an interview.

Watson was friends with Fairfax at Duke but they never dated or had any romantic relationship, the lawyer, Nancy Erika Smith, said.

“At this time, Ms. Watson is reluctantly coming forward out of a strong sense of civic duty and her belief that those seeking or serving in public office should be of the highest character,” Smith said in the statement . “She has no interest in becoming a media personality or reliving the trauma that has greatly affected her life. Similarly, she is not seeking any financial damages.”

Now what?

An unrelated accusation of conduct X does not mean that a previous unsubstantiated accusation of the same conduct is true. However…

  • In the case of habitual or characteristic misconduct—like being a sexual predator or a sexual harasser—the likelihood that there have been more, undisclosed episodes involving the individual accused is high.
  • Thus the absence of a credible second (or third, fourth, and onward) accuser in a matter like this is legitimate evidence arguing for the innocence of the accused. An example would be Clarence Thomas.
  • When subsequent allegations are substantially similar to the original accusation, they are especially damning. Bill Cosby is the poster case for this variation. Another exampole: Kevin Spacey.
  • When the second and additional allegations are suspiciously timed, as during an election or a political controversy, when they involve general misconduct only, lack named accusers or when they are sketchy in their facts and proof, they should be regarded with extreme skepticism. The add-on Kavanaugh accusations fit this description.
  • The fact that a court decision or an official investigation has not definitively determined that misconduct has taken place does not require individuals, groups and the public to discard commons sense, if they can eliminate bias from their decision-making. O.J. Simpson, it is fair to say,  is guilty of murder, and it is completely fair to regard him in that light. Barry Bonds used banned and illegal drugs to enhance his major league baseball career. Harvey Weinstein is a sexual predator who traded professional advancement for sex. We don’t need admissions here to come to informed decisions.

Now what does all of this mean for Justin Fairfax, next in line to be Governor of Virginia if Governor Northam decides, as an honorable public servant should, that he has made such an irredeemable ass of himself by his obfuscations, double-back flips, and tap-dancing around the question of whether he had a photo of himself in blackface in his yearbook that no Virginian in his or her right mind could possibly feel secure trusting such a boob to handle the affairs of the Commonwealth? What is fair? Continue reading

Ethics Observations On The Vegetative Rape Victim

In Phoenix, Arizona,  a 29-year-old female patient who has been a vegetative state for more than a decade at Hacienda Healthcare center gave birth to a healthy baby boy.  The staff had no idea she was pregnant until she went into labor and gave birth on December 29th. She had an apparently been raped several times.

Family members for the woman  have declined to give a public statement, but their attorney told Huffington Post,”The family obviously is outraged, traumatized and in shock by the abuse and neglect of their daughter at Hacienda Healthcare. … [They] would like me to convey that the baby boy has been born into a loving family and will be well cared for.”

Coming so soon after the post here about the ethics issues surrounding the death old a fetus, this news story prompted several readers to inquire here. Some observations: Continue reading

Sunday Ethics Warm-Up, 12/30/2018: A Petition, A Career-Killing Joke, And Priestley’s Play [UPDATED]

Good Morning!

1. One more time...I’m really going to try to get a year-end ethics review up for 2018. In both of the last two years, I failed miserably, and The Ethics Alarms Best and Worst of Ethics Awards never posted. It is a very time-intensive exercise, and the traffic for the posts have never been substantially more than an average entry that is a tenth as long.

We shall see.

2. The Bad Guys, Redux. It’s a problem: one wants to curb the trend of demonizing political adversaries, and yet we keep seeing escalating examples of unequivocally despicable behavior that deserves to be demonized, because it is constant, self-righteous, and indefensible.

Over at GoFundMe, someone named Brian Kolfage, has posted a petition and a crowd-funding effort to pay for “the wall” if Congress won’t. He writes, “I have a verified blue check Facebook page as a public figure and I’m a Purple Heart Recipient triple amputee veteran.”

This is not encouraging. [Correction notice: I originally wrote “Facebook does not use a “blue check,” though Twitter and Instagram do, (and abuse it.)” I checked this, but my source was wrong. Facebook does give public figures “blue checks.”] I guess Kolfage is sort of a public figure. He is also a controversial one who has pushed extreme right-wing conspiracy theories. When asked why he doesn’t mention any of his controversial crusades and advocacy in promoting his crowdfunding effort, he has responded, “My personal issues have nothing to do with building the wall.” Fine: what do his war wounds have to do with building a wall?

Never mind: the appeal has raised over 18 million dollars to date, although the contributions have slowed considerably. It’s a futile effort; I suppose it has some value to show public support for enforcing immigration laws. If people want to donate their money to such a cause, it’s their money to give, though they might as well be making little green paper airplanes out of hundred dollar bills and sailing them into the wind.

Megan Fox reports, however, that someone who wants to punish anyone who doesn’t support open borders is taking names and doxxing contributors. She writes,

Did you donate money to the GoFundMe page to build the border wall? If you did, there’s a good chance this guy/gal or otherkin has doxxed your Facebook profile to millions of other nasty trolls who will now make it their business to harass and punish you with anonymous online mobs. Get ready, because your life is about to get more interesting. Based on my personal experience, once these monsters get your information and the directive to destroy you, the death threats, vandalism, obscene pornography, and harassment at work are not far behind. And the worst part is, no one will help you — not the police or the FBI or anyone else whose job it should be to stop intimidation and harassment.

Nice. Continue reading