rule of law

Monday Ethics Afternoon Warm-Up, 8/6/18: Relatively Trivial Edition

/ Jack Marshall / 19 Comments

1.  Facebook Conduct I Could Do Without Dept. A friend who happens also to be on Facebook just posted his opinion about a matter and added, “If you don’t agree,  don’t respond, just unfriend me.” I’m tempted to unfriend him for that. What a cowardly, lazy, arrogant stunt.

2. He’s also dead wrong in his opinion, which has to do with this “good illegal immigrant” news item. My friend thinks that the wife of a Marine should get a pass  despite being in violation of immigration laws because her husband served his country. I don’t disagree with the principle he’s espousing, but it’s not the law. If there should be law that gives some kind of leniency to the spouses of military personnel, then draft it, debate it, and pass it. The Marine fought for a nation of laws, not a nation where law enforcement makes up the laws as it goes along. This was the Obama approach: we just won’t enforce the laws against this particular group of law-breaker that we like.

3. How dumb can “cultural appropriation” complaints get? This dumb:

In women’s mag “Marie Claire,” Krystyna Chávez argues that deciding to pluck your eyebrows so that they are very thin is “cultural appropriation.” writing that she was was horrified when she saw a photo of Rihanna with her new, skinny eyebrows. Chávez writes in a piece titled “I’m Latina, and I Find Rihanna’s Skinny Brows Problematic.”  Unfortunately, as Katherine Timpf points out, a Louisiana State University student named Lynn Bunch wrote an op-ed last year declaring that  thick eyebrows that cultural appropriation:

“Current American eyebrow culture also shows a prime example of the cultural appropriation in the country. The trend right now is thick brows, and although a lot of ethnic women have always had bushy, harder-to-maintain eyebrows, it has only become trendy now that white women have started to do it.”

Boy, the outbreak of such serious statements of idiotic opinions makes me feel unsafe…because I’m afraid that I am surrounded by lunatics, in a culture that is encouraging warped values and reasoning to such an extent that for a disturbing number of Americans, no idea sets off the Stupid Alarms.

I may have to start a sister blog…

4. And you thought Trump Derangement Syndrome was silly.New York-based UMA Health, an online mental health marketplace, is providing free, confidential therapy sessions to Mets fans who are in emotional turmoil as a result of the team’s disappointing season, which cratered  is last week’s 25-4 loss to the Washington Nationals, the worst loss in Mets history—yes, even worse than any of the embarrassing drubbing the team received in its first, horrible season in 1962, when “the Amazin’ Mets” lost a record 120 games.

UMA says its tongue in cheek promotion is meant to bring attention to the important role of therapy, and to eliminate the stigma of going to a therapist.

That’s odd: I think the promotion does the opposite, suggesting that therapy is self-indulgent, useless, useless bunk, which it too often is. I have an amusing  personal story that explains my bias here, which I will leave for another time. If something is important your profession is to enlighten the world about its benefits, however, is it competent to promote it like this? Continue reading →

“Morning Ethics Warm-Up, 4/20/18: Bad Ideas, False Narratives, Fake News, And Hillary’s Delusion

/ Jack Marshall / 70 Comments

Happy Friday!

(You too, Reuben..)

1 The persistence and peril of bad ideas. Civilizations and societies fail in part because terrible ideas take root in the public square, become  exploited by cynical and unscrupulous elites and power-seekers, and lead to policy and cultural disasters. The nation’s gradual acceptance of illegal immigration is such an idea: when the pluses and minuses of the Trump Presidency are finally totaled and compared, no one will be able to deny that taking a direct stand against illegal immigration without compromise or weasel words will be one of Donald Trump’s positive legacies.

Nonetheless, the news media continues to indoctrinate the public with the toxic concept that illegal immigration is acceptable, against all logic and experience. In yet another “good illegal immigrant” story—frankly, I’m sick of writing about them—the New York Times gives us this:

Like many of the immigrants detained this way, Mr. de Oliveira, a house painter, had no criminal history. To the Trump administration, the other thing they had in common was more germane: a legal but, until now, unenforced obligation to leave the country that had stuck to them for years, even as they pieced together lives and families in the United States.

In the later years of the Obama administration, the government mostly left people without criminal records alone, focusing instead on immigrants who had only recently arrived or had been convicted of serious crimes.

But the Trump administration emphasizes that everyone living here illegally is fair game for deportation, a policy that has bumped up immigration arrests by more than 40 percent since the beginning of 2017. Those who were ordered out of the country years ago are especially easy marks for an agency with limited resources for enforcement — especially if they walk straight into an immigration office.

Boy, that mean, mean Trump administration, insisting that aliens who steal a place in this country along with its benefits should have to return it even if they don’t break any more laws.  There is literally no logical or legally coherent argument or rationale to support any other position. I have never heard one, read one, or been able to imagine one. Would people support a policy that allowed citizens to keep the loot they stole in a single felony as long as they never broke another law? Perhaps they would, if politicians, big business advocates for cheap labor and unethical journalists kept promoting the idea over years and decades.

2. And then there are media-fed false narratives. On Headline News this morning, Lovely Robin and her cohorts were reviewing Time’s “100 Most Influential People” and picking their favorites. Who cares, at this pathetic stage of Time’s existence, what that rag decides? One of Robin’s colleagues designated Chloe Kim, the 17-year-old medal-winning Olympic snowboarder, as his favorite among the hundred. Does anyone really believe a teenage snowboarder is one of the 10,000 most influential people in the US, much less in the top 100? Is Time’s 100 really a list of  “people most likely to be on “Dancing with the Stars”? Has any medal-winner in a Winter Olympics ever been particularly influential, except maybe in the Ice Capades? Continue reading →

“The Good Faith Of The Justice Department”: Sure.

/ Jack Marshall / 39 Comments

“Yes, but they are fighting in good faith…”

In his scathing indictment of the ACLU (discussed here) for giving the Justice Department a partisan pass despite the dubious legality of its raid on Trump personal lawyer Michael Cohen, Alan Dershowitz wrote,

“David Cole, who identifies himself as the ACLU Legal Director, said the organization relies on the good faith of the Justice Department, the FBI, and the judge who issued the warrant to assure all Americans that this raid on a lawyer’s office, is “a sign that the rule of law is alive.”

Here are the recent performances of key figures among that group that is getting the ACLU’s trust:

  •  Book-peddling, Trump-stalking James Comey says in his forthcoming book that he found evidence that “would undoubtedly have been used by political opponents to cast serious doubt on the attorney general’s independence in connection with the Clinton investigation,” and also faulted Attorney General Lynch’s decision to refer to the Clinton email investigation as a “matter.”

Loretta Lynch responded to the accusation and criticism with her own statement that concluded,

“…I have known James Comey almost 30 years. Throughout his time as Director we spoke regularly about some of the most sensitive issues in law enforcement and national security. If he had any concerns regarding the email investigation, classified or not, he had ample opportunities to raise them with me both privately and in meetings. He never did.”

  • Fired acting FBI Director Andrew McCabe is out of a job because the independent Justice Department Inspector General found that he had lied on multiple occasions, his report concluding in one of the instances, regarding leaks to the news media about the Clinton Foundation…

“While the only direct evidence regarding this McCabe-Comey conversation were the recollections of the two participants, there is considerable circumstantial evidence and we concluded that the overwhelming weight of that evidence supported Comey’s version of the conversation.”

In response, McCabe directed his counsel to write Congress that Continue reading →

Morning Ethics Warm-Up, 3/7/ 2018: Murder, Fake Journalism, Hatch Act Games, And California Defiance

/ Jack Marshall / 33 Comments

Good Morning!

1  “A Murder in the Park.” The 2014 documentary about how the Northwestern University “Innocence Project” freed a guilty murderer hours before his execution and framed an innocent man who was eventually exonerated is now available on Netflix. I wrote about the case, which had the unanticipated consequence of causing Illinois to ban the death penalty, in 2014. Then I concentrated on how badly the whole mess reflected on the justice system. As I watched the documentary last night, however, what struck me was the self-satisfied smugness and certitude of the journalism students who participated in selective investigation, advocacy instead of objective reporting, manipulation of witnesses, cause driven conclusions and more. The documentary shows us why journalism has become whatever it can be called now–certainly not journalism. Northwestern has one of the elite journalism schools in the nation, and David Protess, then the professor who ran “The Innocence Project,” was teaching students that corrupt journalism was honorable. Protess at the time was perhaps the most praised journalism teacher in the nation. It seems that he was less the exception than the rule.

2. Real discipline would be nice for a change. The Office of Special Counsel (OSC) informed the Trump yesterday that White House counselor Kellyanne Conway violated the Hatch Act twice.  The  findings were referred to President Trump “for appropriate disciplinary action.” The White House promptly denied the charges, so we should assume that Kelly won’t be disciplined at all.

The Hatch Act allows federal employees to express their views about candidates and political issues as private citizens, but forbids them from using their official government positions try to influence elections. Of course Conway violated the Act. On Fox and CNN, she made it clear that voters in Alabama should reject Democrat Doug Jones. The White House ludicrously claims that Conway did not advocate for or against the election of any particular candidate. Nah…she just told Fox viewers last November,

“Doug Jones in Alabama, folks, don’t be fooled. He will be a vote against tax cuts. He is weak on crime, weak on borders. He is strong on raising your taxes. He is terrible for property owners.”

On CNN,  she said in part,
Continue reading →

Ethics Dunce: Durham District Attorney Roger Echols

/ Jack Marshall / 98 Comments

This is how a society erodes respect for the rule of law. It is a good way to pander to political correctness and social justice warrior jerks, though.

At the height of the mad fervor to tear down Confederate hero memorials and statues over the summer,  Takiyah Thompson, 22, Dante Strobino, 35, Ngoc Loan Tran, 24, and Peter Gilbert, 39. pulled down a century-old statue of a generic Confederate soldier in Durham, North Carolina. This was done in front in front of news cameras and during the day.

Thompson  is a student at North Carolina Central University, a black institution.  The three men belong to the Workers World Party, which  organized a Durham protest to piggy-back onto the Charlottesville, Virginia protests around the removal of a Statue of general Lee.

Notably, police spotted Tran at the court hearing for Thompson when a deputy asked him to help identify two people . Tran refused and he was arrested.

Tran explained the justification for the vandalism thusly:  “Monday night hundreds of people gathered in front of the statue, and it was the will of everyone there that that statue come down knowing that in the state of North Carolina there is no legal route for removing Confederate statues.”

Of course there is a legal route for removing statues. Continue reading →

Morning Ethics Warm-Up, 1/2/2018: Cheaters, Stoners And Head Explosions

/ Jack Marshall / 20 Comments

good morning

(i lived in e e cummings’ old dorm room as a college freshman. never got him at all, but it would be great not to have to worry about the shift key)

1 Three wrongs don’t make a right. They track baseball’s Hall of Fame votes as they come in now, using those ballots that the baseball writers make public (not all of them do). It looks like neither Barry Bonds, nor Roger Clemens, the all-time “greats”—cheaters cannot be fairly considered great—who sullied the game and its records by using performance enhancing drugs, are not gaining support to the extent than many predicted, and will fall short again.

Good. That makes six years down and only four more to go before the two are no longer eligible for this method of entering Cooperstown. Not so good is the development that the newer and younger voters tend to support Barry and the Rocket while the older sportswriters they replace as voters did not. Why is this? Well, the young Turks don’t see anything wrong with illegal drugs, for one thing: they probably used–use?— them themselves. Next, they have been hearing the routine rationalizations and flawed arguments defending Bonds for 20 years, which can rot one’s brain—I know they have nearly rotted mine, and I know they are worthless. Mostly, I think, each succeeding American generation has less ethical literacy and competence than the one before. The field isn’t taught in grade school, is barely mentioned in the media, and unlike the good ol’ days of “The Lone Ranger,” “Father Knows Best”  and “The Defenders,” popular culture undermines an ethical culture more than it nurtures one.

There is also a new bad argument for letting in Bonds and Clemens, which would then open the floodgates for arguably worse baseball deplorables like Alex Rodriguez and Manny Ramirez—who knows? Maybe even Pete Rose. That line of reasoning  is that since the Baseball Commissioner, Bud Selig, who averted his gaze while the steroid epidemic was infecting every team and the evidence was undeniable, was admitted to the Hall last year by his complicit cronies, the cheating players he enabled should be forgiven too.

That this is increasingly being cited a justification by the younger writers tells us that mothers aren’t teaching their kids that two wrongs don’t make a right any more.

2.Three wrongs don’t make a right, Part II. In related news, California went all-pot-head at midnight New Years Eve. My conviction that legalizing marijuana is an abdication of government’s responsibility to protect society, a leap down a deadly slippery slope, and the product of greed and cowardice hasn’t abated one iota, but I’m happy to have a large-scale experiment to prove me wrong—or right. Now we can expect a wave of stoners as well as illegal immigrants into the Golden State—ah, what a paradise it will be! This creeping crud in U.S. culture is also in part the result of a terrible example of “two wrongs make a right” fallacy—I’m sure you have either heard it or—yecchh—used it yourself. “Alcohol and tobacco are worse than marijuana, and they are legal!”

Yes, about that: guess what is on the rise and killing more people? From the New York Times a few days ago:

[A]lcohol overuse remains a persistent public health problem and is responsible for more deaths, as many as 88,000 per year. … [T]here has been about a 50 percent uptick in emergency room visits related to heavy drinking. After declining for three decades, deaths from cirrhosis, often linked to alcohol consumption, have been on the rise since 2006….[B]inge drinking — often defined as five per day for men and four per day for women — is on the rise among women, older Americans and minorities. Behind those figures there’s the personal toll — measured in relationships strained or broken, career goals not met and the many nights that college students can’t remember.

3. Gee, thanks, David, I love starting a new year with my brains on the ceiling...David Leonhardt, one of the many Democratic operatives with press credentials (Instapundit calls them)  writing for New York Times, exploded my head with his New Years column, “7 Wishes for 2018.” His wishes 1, 2, 6 and 7 each would have done the trick by themselves, but collectively it was Krakatoa all over again.

Here are David’s four wishes: Continue reading →

Morning Ethics Warm-Up, 10/8/2017: TV Comics, Law Deans, Sports And California…Everything Is Seemingly Spinning Out Of Control!

/ Jack Marshall / 85 Comments

Good Morning!

On the day that the Boston Red Sox will begin their stunning comeback against the Houston Astros …

 

1 Speaking of baseball, a poll shows that the NFL fell from the most popular major sport in the nation last year to the least favorite last month, while baseball regained its traditional but usually treated as fictional “National Pastime” status. The NFL also dragged down the popularity of college football. Not all of this can be blamed on Colin Kaepernick, Black Lives Matters, and incoherent protests that aren’t against the National Anthem, well, maybe its third verse, but take place during the National Anthem, well, because. Ethics Alarms isn’t the only voice that has declared football to be callous and barbaric, now that the game’s unavoidable concussions are being shown to cause a deadly brain disease. Too many helmeted heroes beat their spouses and lovers, and commit felonies. The biggest star in the NFL, Tom Brady, is a smug, cheating jerk. It never helps when the President of the United States, even one like Trump, attacks an institution from the bully pulpit. Still, the timing certainly suggest that the NFL’s botched handling of The Knee is the catalyst for its current nosedive in popularity. Just think how many brains will be saved if this is permanent.

Meanwhile,  Major League Baseball is benefiting from staying true to its traditional national role of unifying the country rather than dividing it. No on-field protests mar the National Anthem. The sport is entertainment, celebrating American themes like individualism, the triumph of the underdog, and grace under pressure. In 1942, FDR urged Major League Baseball to keep playing, even though the remaining players were unfit for military service, leaving the teams stocked with older players and a collection of misfits, like Pete Gray, the one-armed outfielder.  After Baseball Commissioner Judge Kenesaw Mountain Landis wrote President Roosevelt in January, FDR replied with this letter the same day:

It is not, however, in the best interest of the country to keep the NFL “going.” Continue reading →

Comment Of The Day: “Deferred Action for Childhood Arrivals (DACA) Ethics”

/ Jack Marshall / 33 Comments

I am very grateful for veteran commenter Extradimensional Cephalopod clarifying explanation regarding how and why adversaries on the “dreamer” issue so often talk past and around each other, with never the twain meeting. The first I heard of the “Honor vs. Compassion schism” was in this 2009 essay in The New Criterion by James Bowman. I should have referenced it before. He wrote in part,

Compassion is a virtue, but it is a private, a face-to-face virtue which almost invariably ceases to be one when it takes on a public dimension. An act of compassion by a government, in the full glare of publicity, is not a virtue but a bid to be given credit for moral superiority.

Bingo.

Here is Extradimensional Cephalopod‘s Comment of the Day on the post,Deferred Action for Childhood Arrivals (DACA) Ethics:

It’s a classic honor versus compassion schism. Honor represents orderly good, enforcing consistency and stability so that society may benefit from people knowing where they stand. Compassion represents chaotic good, making exceptions and doing things that cannot be expected or required so that society can benefit from such kindness. Both are necessary, but they must be balanced against each other.

Because your position is based on honor, and makes sense in that context, it’s impossible for people to rebut it in those terms. Instead, they assert that the harm allowed by not extending compassion outweighs the benefits provided by honor, or they reject the concept of honor entirely. They don’t really understand honor or the harm done by dismantling it. Maybe they never noticed the benefits of honor, and only saw its negative effects, or they were oppressed by an ill-conceived brand of honor. Continue reading →

Multiple KABOOMS! From “The Good Illegal Immigrant” Files: The Good, Well, OK, Maybe Not So Good, Illegal Immigrant Driver

/ Jack Marshall / 22 Comments

One head explosion after another splattered my office with gore as I read the New York Times sad, sad, <sniff> piece about poor, abused, illegal immigrants who drive without licenses. It began:

“Heading to church one evening in late March, a farmworker and her sister were stopped for speeding in the village of Geneseo, N.Y. They were driving with their five children in the back of the minivan. Two were not in car seats, as required. The police officer, trying to cite the driver for the infractions, discovered she had no driver’s license, so he called Border Patrol to review her Guatemalan passport. Both sisters were undocumented immigrants. They were detained and are facing deportation.”

Good.

The Times, however, currently engaged in a full-on “Let’s make illegal immigrants as sympathetic as possible” campaign—how can we  be so mean to people who were just trying to go to church?—makes it clear that such an event is just more cruelty and lack of compassion emanating from the Trump Presidency.

“Under a Trump administration that has taken an aggressive stance on illegal immigration, the moving car has become an easy target. A broken headlight, a seatbelt not worn, a child not in a car seat may be minor traffic violations, but for unauthorized immigrants, they can have life-altering consequences.”

KABOOM! #1. How shameless will the Times’s misrepresentations regarding this issue get? These people are not being deported for “minor traffic violations.” They are being deported because they ahve absolutely no business being in the country at all. The Yorkshire Ripper was caught because of a police stop for a minor traffic violation.  By the Times reasoning, this, and not  the 13 women he murdered, is why he was sentenced to life in prison.

These drivers are also not “undocumented.” Undocumented is what I was when I was stopped for speeding with an expired license. I was, however, still a citizen. “Undocumented” is a Times and illegal immigration lobby cover-word for what illegal immigrants really are: illegal immigrants.

The term deceitfully suggests that the “undocumented” individual was just missing some papers—t could happen to anybody! No, you are not just “missing papers” that you never had the right to have.

KABOOM! #2:

“As many as 12 states, along with the District of Columbia and Puerto Rico, offer driver’s licenses for unauthorized immigrants, up from three in 2010. New York, which has the third-largest immigrant population in the country, is not one of them.”

Three was unconscionable. Twelve is a scandal and a dangerous attack on sovereignty and the Rule of Law.

KABOOM! #3 and #4:

Supporters of efforts to allow those who are undocumented to get driver’s licenses say that public safety would improve because they would be required to pass road tests and obtain insurance. But critics said that licenses represented a privilege that unauthorized immigrants should not hold, because they should not be here in the first place.

The first sentence is a logical disconnect: Let’s make what these people do legal, because they’ll break the law if we don’t. Yes, and the fact that they’ll break the law if they can’t do something legally is why they are here illegally and why they cannot be trusted as citizens. To its credit, the Times at least quotes a Republican lawmaker who is not deceived, though the paper suggests that she has a comprehension problem:

Senator Kathleen A. Marchione, a Republican representing the Upper Hudson Valley…does not understand the argument for giving licenses to those who are undocumented.“Driving without a license should not give you a right to have a driver’s license when you are already breaking the law in two instances,” she said in an interview. “That’s like saying if a kid is drinking at 16 years old, we might as well let him.”

That is exactly what it is like. She “doesn’t understand” the argument because it doesn’t make sense and never has. The Times won’t accept this, as the second sentence in the quote above makes clear. This isn’t merely what “critics” say. It is a fact. There is no “other side” to facts, and the Times is misleading its readers to suggest that this is just a contrarian position.

KABBOOM #5 and #6 came after reading this quote:

Anne Doebler, a private immigration lawyer in Buffalo, said that undocumented immigrants want to follow traffic laws, and that civil law and immigration law should be kept distinct. “Why do we want to use our vehicle and traffic laws to enforce an immigration policy when it’s detrimental to public safety?” she asked. “I don’t want someone to hit me who doesn’t have insurance…I don’t care what their immigration status is.”

“Undocumented” as a cover-word for “illegal” no longer makes my head explode, it just makes me angry. But Doebler’s spin is outrageous. Oh, the illegal immigrants want to obey laws that make it easier for them to live here illegally, do they? Well, isn’t that wonderful! Why don’t they want to obey the immigration laws? Heck, why don’t we just stop enforcing all laws, since avoiding law enforcement often makes criminals and law breakers breach other rules, laws, and ethical obligations?

The Times cites statistics showing that hit and run accidents by illegal immigrants declines significantly when they are allowed to have licenses and insurance. Hey! I just thought of an even better way to reduce hit and run accidents by illegal residents!  Can you guess what that would be?

Would Doebler care what the immigration status of someone who, say, ran down her child was, if that individual had been allowed to stay in the country after a previous traffic infraction? Would she really think, “Illegal, legal, what’s the difference?” I think not. I think she would say, “the driver who killed my kid should not have been on the streets at all,” because that would be obvious and true.

What IS This? Ethics Dunce? Unethical Quote? Incompetent Elected Official Of The Month? Or Just A Congressman Inadvertently Exposing The Logical, Legal And Ethical Bankruptcy Of The Pro-Illegal Immigration Position?

/ Jack Marshall / 14 Comments

I think we have to conclude that the latter is the case.

Representative Adriano Espaillat (D-N.Y.)—that’s him above—  condemned the anti-sanctuary city bill passed yesterday by the House of Representatives. H.R. 3003 would reduce sanctuary cities’  and states’ “eligibility to receive certain Department of Justice or Department of Homeland Security grants” when the cities or states were  “determined to be in violation of federal law.”

Espaillat thundered at the Democratic press conference yesterday on Capitol Hill that H.R. 3003 would have a “chilling effect” in local communities:

“People will go into hiding. People will not come forward to report crimes, and if we begin to deny funding to cities across the United States, a city like New York, who experienced 9/11, which has been the safest biggest city in the country since 9/11 because of the federal funding that we got to combat terrorism, providing for training, equipment, overtime pay for law enforcement, we will be allowing terrorists to come in and attack us again…So this is a travesty. This is a lie. We’ve been hijacked and bamboozled by Donald Trump and we should all stand up against this.”

Then Espaillat described sanctuary cities—that is, cities that encourage and endorse illegal immigration by announcing that they will protect illegals from any consequences of their breaking immigration laws—as compassionate communities that allow families to stay together regardless of immigration status without “fear,” using the false dichotomy that the proposed bill unfairly treated sanctuary cities as places that harbor illegal immigrants with criminal records.

“It is a safety net for people that are part of our family – they take care of our children, they wash our dishes, they take care of our elderly, they pick our crops…I’m not saying all of his followers are racist, but all of the racists in the country follow him and they have peddled this erroneous vision that immigrants are criminals. We all oppose any violent criminals not being arrested. We want them to be arrested and do their time in jail and go back to wherever they came from.”

Columnist George Will often follows a statement or quote that he believes is screamingly obvious nonsense by beginning his next paragraph with an arch and contemptuous,  “Well.” Seldom have I read or heard a more “Well”-deserving speech as Espaillat’s demogoguery.

Well. Continue reading →