Once Again, Unethical Sentencing Using “He’s Suffered Enough”: That’s Not The Message That Needed To Be Sent

Collusion2

In August, former FBI lawyer Kevin Clinesmith pleaded guilty in federal court to making a false statement in the first criminal case arising from U.S. Attorney John Durham’s investigation of the of the irregularities surrounding law enforcement actions regarding allegations of”collusion” between Russia and the 2016 Trump campaign, a manufactured charge used to delegitimize and undermine the Trump Presidency. Clinesmith’s guilty plea was to “one count of making a false statement within both the jurisdiction of the executive branch and judicial branch of the U.S. government, an offense that carries a maximum term of imprisonment of five years and a fine of up to $250,000.”

Clinesmith admitted that in June 2017, he had sent a deliberately altered email to an FBI agent falsely indicating that Carter Page, a former Trump campaign adviser, was “not a source” for the Central Intelligence Agency. The email was used by the FBI to apply for a third extension of a FISA warrant justifying surveillance on Page. Paige had, in fact, been a source for the CIA. Clinesmith’s defense was that he had mistakenly thought the altered assertion in the email was correct, and he only altered it to save himself the trouble of getting a another email from the CIA.

If this doesn’t remind you of Dan Rather’s rationalization for using a forged document to accuse President George Bush of going AWOL while he was in the National Guard, it should. But Rather was just a journalist, albeit a one who carried the public trust. What he did was unethical, but what Clinesmith did was unethical and illegal. He knowingly manufactured evidence offered by the U.S. government to violate the Fourth Amendment Rights of a citizen, knowing that the warrant being sought would be used to spy on the Presidential campaign of the party opposing that of the sitting President, Barack Obama. The Trump Presidency was permanently sabotaged from its very start as a result of Clinesmith’s actions along with others in the Justice Department and FBI. Although the Mueller report found no evidence that any American anywhere, not just in the Trump campaign, coordinated with Russians to affect the 2016 election, the lie that Clinesmith facilitated constituted a deliberate effort by law enforcement officials to subvert a Presidential campaign and a President.

Yeasterday, Clinesmith was sentenced. U.S. District Judge for the District of Columbia James Boasberg, an Obama appointee, delivered the proverbial “slap on the wrist.” He sentenced him to 12 months probation and 400 hours of community service. He will serve no jail time.

My son, 18 at the time of his offense, was given five years probation and spent six months in jail for a traffic violation, just to provide some basis for comparison.

Continue reading

The Vegan Parents: No, They Haven’t “Suffered Enough”

Review: “I don’t recommend this formula. It killed my baby.”

The vegan parents of a baby girl they condemned to a lifetime of brain damage pleaded guilty to negligently causing serious injury, thus avoiding jail time. They will  have to perform 12 months of community service, and will also have to undergo mental observation and treatment.

Talk about locking the barn door after the horse has escaped.

Having ignored all legitimate health advice regarding the nutritional needs of infants for a full year, the parents took their 12-month-old baby girl to an emergency clinic in August 2018 with her suffering from extreme malnutrition, open wounds, rashes, bruises, discoloration of her skin, internal bleeding and blood in her stool. Her condition, doctors said,  resembled those of babies being raised in countries during famines.

A week before, the father had sought the help of an online vegan website, writing,

“Hi my 1-year-old has stopped wanting to drink/eat and when she does, it’s not staying down or she starts to cough,” he reportedly wrote in the email. “What can I do to help her keep it down and allow her to drink? She doesn’t have a temp. She is on a fruit diet. Please help asap.”

The recommended solution: “stomach tea.” The parents had decided that they didn’t trust doctors after being told  told that their baby required more than the coconut water and health store powders that they began feeding her after she stopped breast-feeding. Continue reading

Update On The Roger Stone Sentencing Fiasco

Last night, I wrote in response to the news that all four of Roger Stone’s prosecutors had resigned after the Justice Department had submitted a memo opposing their recommendation to the judge in the case regarding Stone’s sentence…

I can’t figure this out until…

  • I know whether Stone was targeted as a Trump ally, and how much of this, if any, was politically motivated.
  • What the sentencing guidelines are, and exactly what Stone did.
  • What the reasoning of the Justice Department was in opposing its own prosecutors’ judgment.
  • To what degree the President influenced the decision.

 

Finally, thanks to the always reliable and astute Andrew McCarthy, I do understand, and can confidently say, “What a mess!” Continue reading

Ethics Quiz Of The Week: Compassion For Madoff?

Infamous swindler Bernard Madoff had his attorney file court papers this week requesting that a federal judge  grant him a “compassionate release” from his 150-year prison sentence. The 81-year-old convicted sociopath says he has less than 18 months to live because his kidneys are failing. Madoff has served just eleven years, or less than 10% of his punishment.  His dying wish, he says, is to salvage his relationships with his grandchildren.

By all means, we should care about Bernie Madoff’s wishes. He pleaded guilty in 2009 to 11 federal counts in a heartless scheme that ruined the futures of thousands and put non-profits and charities out of business.

Your Ethics Alarms Ethics Quiz Of The Week is

Should Madoff get a “compassionate release”?

Continue reading

Morning Ethics Warm-Up, 2/4/2020: Meltdown In Iowa Edition [CORRECTED]

Good Morning!

As I write this, there are still no final results from the Iowa Caucuses. The cause seems to be some faulty software and generally poor planning by the Iowa Democrats, resulting in chaos. There is a lot of schadenfreude going on at the conservative websites, and it is unseemly. Much as the Democrats deserve to fall on their faces, this is botched democracy in action, and nobody should be gloating about it.  It’s unfair to all of the campaign workers and supporters of the various candidates—even though the supporters of some candidates should hide their heads under a bag—and chaos in the process serves nobody’s interests. What are the odds President Trump sends out a mocking tweet about it this morning?

Here’s Nate Silver explaining what a catastrophe this is for Democrats.

The bon mot turning up in comment sections and social media over and over again last night was “The Democrats can’t handle a caucus, and they want to run the whole country?”

Until the real vote totals are in  it’s all speculation, but it looks like Joe Biden crashed and burned, with his vote totals missing the 15% threshold required to win any delegates.

1. Pete being Pete. Remember what the Ethics Alarms verdict was on Pete Buttigieg a while back? It stands. Mayor Buttigieg declared himself the winner before any useful vote totals were in. Mediaite: “All this dumpster fire of an Iowa caucus was missing was a candidate who declared victory without a single vote being reported. But shortly after midnight eastern on Tuesday morning, Mayor Pete put the cherry on top of this hideous sundae with a confounding speech in which he seemed to proclaim himself the winner.” He has been sharply criticized by just about everybody, and deserves to be. It’s a jerk move.

Meanwhile, the Sanders camp, remembering the underhanded treatment he received from the DNC in 2016, is suggesting that this may all be a plot by the Democratic Dark lords to rob him of a big victory and the proverbial “Iowa Bounce.” I don’t blame them.

2. Stop making me defend Joe Biden! Biden is getting “Ew!’s and “Ick!”s as a result of this photo..

..taken when he gave his 19-year-old granddaughter s peck on the lips during an Iowa rally. Granted, this wouldn’t be an issue if Joe didn’t have a well-deserved reputation for  inappropriate public behavior with women and girls, but this is one of the best examples I have ever seen of how a photograph, contrary to the old saying, can and do lie. The kiss lasted a nanosecond, but the photo makes it look like Steve McQueen and Faye Dunaway in “The Thomas Crown Affair.” Continue reading

The Paul Storey Death Sentence Mess

In 2008, a Texas jury found that Paul Storey (left) had murdered Jonas Cherry (right), and the prosecutor, Christy Jack, told the same jury deliberating on the proper punishment,  “It should go without saying, that all of Jonas’s family and everyone who loved him believe the death penalty is appropriate.”

Storey was indeed sentenced to death by the jury’s vote. Cherry’s family, however, opposed the death penalty, and said they always had. In 2016, they issued a video reaffirming their principled objection to executions,

Responding to the video, one of the jurors, Sven Berge,  made a  sworn statement in 2017 stating, “Had I known that Jonas Cherry’s parents were opposed to Paul Storey receiving the death penalty, I would have never have voted for death.” The Texas Court of Criminal Appeals, upon a writ of habeas corpus filed by Storey’s lawyers, stayed Storey’s impending execution and   ordered Judge Everett Young  to investigate whether Jack’s statement  had affected the jury’s decision. After a three-day hearing, he ruled last year that ProsecutorJack’s statement  was improper and prejudicial, because it constituted prosecutorial misconduct “to interject the wishes of the victim’s family for the jury to return a verdict of death.”

Not only that, Judge Young also found that the Jack’s statement to the jury was false. This meant that the judge rejected testimony from  Jack defending her claim that the family wanted Storey to die. She had testified under oath that Jonas Cherry’s father approached her during the trial to say he had changed his mind about opposing the death penalty. The judge recommended that  Storey’s death sentence be reduced to life without parole.

As if that wasn’t enough to confuse things, a Texas appeals court, in a 6 to 3 ruling, has held  that new evidence about the prosecutor’s apparent falsehood did not justify reducing Storey’s sentence, not because a lie sent him to Death Row, but because defense lawyers waited too long to raise the issue and should have been more diligent in seeking Cherrys’ views on capital punishment. One of the dissenting judges, In Judge Scott Walker objected to the opinion’s assertion  that  lawyers should to “go prying into the private feelings of a murder victim’s family without a very good reason for doing so,” other than beginning with the presumption that “prosecutors misrepresented the truth or even lied.”

As it stands now, however, Storey’s execution will proceed.

What’s going on here? Continue reading

Why Did A Judge Let A Man Who Was Trying To Kill His Wife Get Off With A Tough, “Now, Now, Don’t Try To Poison Your Wife Again!” [Updated]

[Notice of corrections: This post had way too many typos, and I apologize profusely. Thanks to Crella for alerting me. I think I got all of them.]

I have a theory.

I wish I didn’t.

Therese Kozlowski got a videotape of her husband Brian poisoning her coffee with sleeping pills. Even with this evidence, the poisoner received a sentence of just 60 days in jail, which he will be allowed to serve on the weekends. The prosecutor called the sentence “a slap in the face” of the victim. Oh, it’s much worse than that.

It all started after Therese said she wanted a divorce. Then she noticed that she was feeling drowsy and tired on mornings when Brian made the coffee. She narrowly avoided an accident when she fell asleep while driving to work. So she secretly installed a small video camera by the coffee machine, and sure enough, Brian was putting the equivalent of eight sleeping pills in the morning java.

“Brian’s continuous, methodical, and calculated plot to poison me included a complete disregard for human life, including his own daughter [she also drank some of the spiked coffee], along with hundreds of other drivers who he put at risk every day for weeks,” Therese Kozlowski said in court. “I believe this was attempted murder. Once Brian realized he lost me and there was no getting me to stay in this unhealthy marriage, his goal was to eliminate me.”

This convinced Macomb County (Michigan) Circuit Court Judge Antonio Viviano , he said, to give Brian jail time instead of merely probation, which was his initial instinct. Continue reading

Saturday Ethics Potpouri, 3/9/2019: Airlines, Trans Athletes, Mercy For Manafort, And More

Atlanta trip ethics musings…

1. Air Travel Ethics #1: Ethics Alarms has noted the ridiculous trend of air travelers imposing on their fellow passengers by exploiting the overly-permissive airlines polices of permitting emotional support animals on flights, resulting in innocent passengers having to share as aisle with  emotional support  toucans, sloths, goats and lizards. Finally, one airline has declared an end to the madness, or close to it. American Airlines updated its emotional support and service animal policies this week, and new “emotional support” companion  policies go into effect on April 1.
After that date, service animals will be limited to dogs, cats, and …all right, this is still nuts..,miniature horses. Only one emotional support animal per passenger will be allowed, and animals under the age of four months cannot fly.

GOOD!

2. Air Travel Ethics #2. This one is a bit more complicated ethically. Britain’s Virgin Atlantic airlines has eliminated the requirement that female flight attendants wear makeup, joining other major carriers that have loosened their dress and grooming standards  after complaints about turning female employees into sex objects.

Virgin Atlantic announced this week that female cabin crew members can skip the makeup if they choose, and also can wear pants instead of Virgin’s familiar red skirts.

“Not only do the new guidelines offer an increased level of comfort, they also provide our team with more choice on how they want to express themselves at work,” Virgin Atlantic Executive Vice President Mark Anderson said in a statement.

This has always been a strange area. There is nothing wrong, and a lot right, with any employer in a service industry requiring employees who deal with the public to meet reasonable standards of professionalism in their appearance. Are attractive, well groomed, neatly dressed employees a legitimate service enhancement? I believe so; on the other hand, what level of discrimination against the older, heavier and not so cute is acceptable? None? Some? The fact that women in the workplace wear make-up and men do not is automatically a cultural anomaly, but nonetheless, if all of the female attendants are wearing make-up and one isn’t, and looks like she just rolled out of bed, threw on some slacks and said, “The hell with it,” I’m not sure I trust that flight attendant.

The sex appeal aspect of flight attendants has always been one way, however, as if the only business flyers were still male, and National Air Lines was still using “I’m Cheryl! Fly me!” as a slogan. There is obviously no effort whatsoever to make male attendants attractive to female flyers: I estimate that more than half of all young male attendants are openly gay. Continue reading

Gee, Mary, That Sounds Tough, But You Still Stole Millions Of Dollars…

I guess I’m just a hard-hearted bastard.

Last  September, art world luminary and art dealer Mary Boone, whose gallery  have been a prime feature of the New York art community since the Seventies, agreed to plead guilty to charges of filing false federal income tax returns, defrauding the government of millions of dollars. They had her dead to rights: the evidence showed that she used business funds to pay for more than $1.6 million in her personal expenses such as remodeling her  Manhattan apartment, and then falsely claimed those expenses as business deductions, prosecutors said. Then she failed to report on her personal tax forms the profit from her gallery, claiming losses to offset what she had declared as her personal income.

Now it’s sentencing time, and Boone’s lawyers are sawing away at the world’s smallest violin. Facing up to six years in prison, Boone is asking for compassion and minimal sentencing, indeed, her lawyers argue that she shouldn’t go to prison at all. Why? She had a troubled and unstable childhood, apparently. These led to mental health issues, a suicide attempt and drug and alcohol abuse. Most importantly, the poverty of her early life made her fearful that, despite her success, she would end up destitute and dependent upon others.

Funny…I’ve had those same fears at various times during my life. It never occurred to me that this might be a Get Out of Jail Free card.

“Behind the facade of success and strength lies a fragile and, at times, broken individual,” her lawyers wrote in the filing to the court made last month. The Times further reports, Continue reading

Morning Ethics Warm-Up, 9/25/18: Kavanaugh-Free Zone

Good morning!

Regrettably, I’ll have to be writing about the Brett Kavanaugh Nomination Ethics Train Wreck at length,  since it is deteriorating further has clearly merged with the  Harvey Weinstein Ethics Train Wreck AND the 2016 Post Election Ethics Train Wreck (the most dangerous of them all). To begin this day without a primal scream , however, let’s speak of other things, of shoes and ships and sealing wax, of cabbages and kings, and why the sea is boiling hot, and whether pigs have wings.

You know. Ethics.

1.Sentencing ethics and the Coz. The judge in the Bill Cosby case signaled that the comic-turned-serial rapist would probably get less than three years behind bars for raping Andrea Costand in 2004, by announcing that the defense and prosecution had come to an agreement to merge the counts. Looking at the state sentencing guidelines, the judge said,  and that the actor has no prior history (heads exploding all over the courtroom, but though 60 or so of Bill’s other victims have come forward, in the eys of Lady Justice, they don’t exist), he declared that once Dr. Huxtable was looking at a total jail time of 22 to 36 months.

Ah, the things lawyers have to say while defending their horrible clients! Defense team leader Joseph Green argued that Cosby’s poor upbringing and battles against discrimination in his climb to success should be mitigating factors in sentencing him. This is an old Sixties argument that was dumb then and dumb now, a non sequitur. Millions of men who grew up poor and who experienced discrimination don’t take up drugging women and molesting them as a hobby. “Eighty-one year old blind men are not dangerous,” he added, apparently forgetting the fact that Bill has the assets and the enablers—like his complicit wife, Camille–do continue his avocation should he choose.

Countering all of these desperate arguments was this observation, from D.A. Kevin Steele:  “He seemingly doesn’t think he has done anything wrong. No remorse.”

Cosby deserves to die in prison, and any less of a sentence is just one more unethical nod to “The King’s Pass.”

2. Oh, great, Murphy Brown is back. Don’t these two look like fun folks to spend some light-hearted family TV time with?

That’s Candace Bergen, aka Murphy Brown, and series creator Diane English. As the New York Times explains it, the show’s creator and star feels the resurrection of the insufferably smug, liberal  broadcast media-cheering sitcom from the 90’s was needed, so someone could be bashing President Trump on TV. After all, nobody else is…just all Saturday Night Live, the late night shows, about six cable shows, and the real news media.  And there are all those shows that mock the senile House Minority leader, the pathetic angry Presidential election loser, the socialist documentary-maker who abuses his employees, the Senator who claims to be Spartacus, the other Senator who says she’s a Native American, and people who wear pussy hats. Wait–there aren’t any of those, are there? Never mind: English says that the “resistance” needs more support on TV. As for the other half of the country, “They’re not going to watch us anyway,” she says, referring to American who think an elected President has the right to govern. “I don’t think we’re looking to bring them into the tent.”

Yes. let’s divide the nation further. That should be fun. Here is my favorite quote, from the show’s producer: “If Hillary Clinton was elected there’d be no artistic reason for this show to be on the air.” Discuss, if you like. Personally, I think that one is too easy.

The hypocrisy and dishonesty of the original show seems like it will be intact. Oh, goody. My wife and I bailed permanently on “Murphy Brown” after the star “bravely” had her  fatherless baby (thus encouraging non-millionaire, real single women to do so), and the child literally disappeared except for brief moments when Murphy returned home to check in with her live-in male nanny. Amazingly, being a single mother didn’t affect Murphy’s schedule or career at all!

In the new show, we are told, Murphy will embrace #MeToo. Meanwhile, Bergen is defending Les Moonves, who was just jettisoned from CBS after many women revealed that he had Weinsteined them. Says Bergen, “I think Les’s behavior was — it was a different time. He was a different man. Is it behavior unbecoming? Yeah. But I go back with CBS, with the first ‘Murphy.’ I have great respect for Les. I would really hate to see Les go.”

Oddly, I have no respect at all for men who abuse their power and position to harm women, yet I was called a misogynist a couple of days ago, and Candace is a feminist hero.

“Murphy Brown” deserves to bomb. Where’s Charlie McCarthy when you need him? Continue reading