Tag Archives: terrorism

( PSSST! The Supreme Court Just Unanimously Pointed Out That The Courts Blocking The Trump Temporary Travel Ban Were Playing Partisan Politics, Not Objectively And Ethically Doing Their Jobs)

As many predicted (including me), the Supreme Court unanimously slappped down the lower court injunctions based on claims that the Trump temporary travel restrictions on six Muslim countries were unconstitutional, writing,

But the injunctions reach much further than that: They also bar enforcement of §2(c) against foreign nationals abroad who have no connection to the United States at all. The equities relied on by the lower courts do not balance the same way in that context. Denying entry to such a foreign national does not burden any American party by reason of that party’s relationship with the foreign national. And the courts below did not conclude that exclusion in such circumstances would impose any legally relevant hardship on the foreign national himself. See id., at 762 (“[A]n unadmitted and nonresident alien . . . ha[s] no constitutional right of entry to this country”). So whatever burdens may result from enforcement of §2(c) against a foreign national who lacks any connection to this country,they are, at a minimum, a good deal less concrete than the hardships identified by the courts below.
At the same time, the Government’s interest in enforcing §2(c), and the Executive’s authority to do so, are undoubtedly at their peak when there is no tie between the foreign national and the United States. Indeed, EO–2 itself distinguishes between foreign nationals who have some connection to this country, and foreign nationals who do not, by establishing a case-by-case waiver system primarily for the benefit of individuals in the former category. See, e.g., §§3(c)(i)–(vi). The interest in preserving national security is “an urgent objective of the highest order.” Holder v. Humanitarian Law Project, 561 U. S. 1, 28 (2010). To prevent the Government from pursuing that objective by enforcing §2(c) against foreign nationals unconnected to the United States would appreciably injure its interests, without alleviating obvious hardship to anyone else.

…The Government’s application to stay the injunction with respect to §§6(a) and (b) is accordingly granted in part. Section 6(a) may not be enforced against an individual seeking admission as a refugee who can credibly claim a bona fide relationship with a person or entity in the United States. Nor may §6(b); that is, such a person may not be excluded pursuant to §6(b), even if the 50,000 person cap has been reached or exceeded. As applied to all other individuals, the provisions may take effect.

Got that?

“To prevent the Government from pursuing that objective by enforcing §2(c) against foreign nationals unconnected to the United States would appreciably injure its interests, without alleviating obvious hardship to anyone else.” Continue reading

13 Comments

Filed under Around the World, Ethics Alarms Award Nominee, Ethics Train Wrecks, Government & Politics, Law & Law Enforcement, Leadership, Professions, Rights

The Twittercide Of David Leavitt

A fatal terrorist attack at an Ariana Grande concert? Funny!

Social media and multiple popular blogs and websites are flaming with hate directed at David Leavitt, a freelance writer who didn’t get his annual ethics alarms maintenance performed and is now paying the price. Perceiving himself as a mad wag,  Leavitt took to Twitter for some levity following the horrifying event described in this lead from the BBC:

“Twenty-two people, including an eight-year-old girl, have been killed and 59 were injured in a suicide bombing at Manchester Arena, at the end of a concert by US singer Ariana Grande.”

Let me rephrase what I wrote before: Leavitt’s ethics alarms were not merely badly serviced, they had fallen apart into rusty chunks. He also hadn’t been paying attention to the world around him: did he miss the fate of Justine Sacco, who tweeted a joke to her friends that the cyber-mob decided was racist (though it wasn’t) as she boarded a plane, and by the time she had landed found that she had lost her job and become a national pariah? Had he not noticed that the Aflac duck had a different quack in 2011 after comic Gilbert Gottfried tweeted a series of jokes about the tsunami that devastated Japan and was promptly fired from what Gottfried had called the greatest gig in the world?

Either he had been practicing his craft (“Freelance Writer. CBS, AXS, Yahoo!, Examiner, & etc. I review #Games #Tech #Fashion #Travel. Casual #MTG #Twitch streamer”) from a cave, or he is an idiot, but in either case, he decided to tweet this…

then this…

Somebody apparently grabbed Leavitt and shook him hard (but not hard enough) as his tweets went viral and he was on the way to becoming the latest Justine. A few hours later he tweeted “Too soon?” and this apology:

Too late. HisCBS PR disowned him;  AXS sent his contribution down the memory hole; so did Yahoo. Boston’s WBZ, which had employed Leavitt, issued a statement condemning his jokes and saying that he was not an employee. Publications like Mother Jones, the New York Daily News,  Heat Street and The Daily Mail had placed essays attacking him on their websites. The reaction by British websites and news organization was even more intense. David Leavitt can forget about vacationing in the United Kingdom. Ever.

Observations:

1.  Nobody deserves to have their life destroyed over two tweets. Let me quote at length what I wrote about the Justine Sacco’s cyber mob, because it applies with equal force to Leavitt: Continue reading

59 Comments

Filed under Character, Ethics Alarms Award Nominee, Ethics Dunces, Etiquette and manners, Humor and Satire, Social Media, U.S. Society, Workplace

Ethics Quote Of The Day: Five Ninth Circuit Judges

“We are all acutely aware of the enormous controversy and chaos that attended the issuance of the Executive Order. People contested the extent of the national security interests at stake, and they debated the value that the Executive Order added to our security against the real suffering of potential emigres. As tempting as it is to use the judicial power to balance those competing interests as we see fit, we cannot let our personal inclinations get ahead of important, overarching principles about who gets to make decisions in our democracy.

For better or worse, every four years we hold a contested presidential election. We have all found ourselves disappointed with the election results in one election cycle or another. But it is the best of American traditions that we also understand and respect the consequences of our elections. Even when we disagree with the judgment of the political branches — and perhaps especially when we disagree — we have to trust that the wisdom of the nation as a whole will prevail in the end.”

—-Five judges of the U.S. 9th Circuit Court of Appeals  (Judges Jay Bybee,  joined by Judges Alex Kozinski, Consuelo María Callahan, Carlos Bea, and Sandra Segal Ikuta, attacked what Bybee called the “fundamental errors” in the February decision of a three-judge panel upholding the temporary restraining order that blocked President Donald Trump’s first executive order temporarily halting immigration from seven Muslim-majority countries.

The opinion denounced the panel’s ruling as a “clear misstatement of law,” and stated that the five, constituting a larger number of judges than the three judge panel whose contrary holding was described as a “unanimous” 9th Circuit decision, had an”obligation to correct” it for the record.

“We are judges, not Platonic Guardians. It is our duty to say what the law is, and the meta-source of our law, the U.S. Constitution, commits the power to make foreign policy, including the decisions to permit or forbid entry into the United States, to the President and Congress,” the five judges stated.

Currently, the President’s revised order is held up by an even more widely criticized temporary restraining order issued by  U.S. District Judge Derrick K. Watson. As well as following many of the same lines of activist judicial reasoning the five judges criticized in their dissent, Judge Watson’s opinion heavily relies  on the campaign rhetoric of President Trump and statements by  chief aide Stephen Miller in TV interviews. This means, as several critical legal experts including Alan Dershowitz  have pointed out, that the exact same order, if issued by Barack Obama, would not have been blocked, and would have been found Constitutional.

Now that’s a double standard!

In criticizing their colleagues, the five judges said that the panel “brushed aside” the clearly controlling case law of Kleindienst v. Mandel, 408 U.S. 753 (1972) and ignored entirely the rulings in Kerry v. Din, 135 S. Ct. 2128 (2015) and Fiallo v. Bell, 430 U.S. 787 (1977).  The Supreme Court in Mandel recognized that First Amendment rights were implicated by an executive action but decided…

“when the executive has exercised its authority to exclude aliens on the basis of a facially legitimate and bona fide reason, the courts will neither look behind the exercise of that discretion, nor test it by balancing its justification against the First Amendment 11 interests of those who seek personal communication with the applicant.”

Continue reading

12 Comments

Filed under Around the World, Ethics Quotes, Ethics Train Wrecks, Government & Politics, Journalism & Media, Law & Law Enforcement

The Easy Ethics Verdict On Trump’s Middle East Immigration Suspension

immigration-protests

There are three steps to evaluating the ethical nature of any law or government action. The first is what was done. The second is how it was done. The third, and usually most difficult to assess, is why it was done, and whether the measure’s objectives are ethical, including whether the measure can reasonable be expected to accomplish them. . What President Trump’s controversial Executive Order temporarily halting immigration from seven Muslim nations is was covered in the previous post on the subject. Thanks to the fact that our mainstream journalists are incapable of reporting some news events without allowing their biases to distort or confuse the facts, the what was misrepresented to the public, and that misrepresentation is reflected in most discussions of the relevant issues on the web.

How the measure was implemented is an ethics  issue, as this involves competence, responsibility, accountability, diligence and leadership.

The Executive Order was incompetent and irresponsible.

There, that was easy.

It’s nice to be able to post an analysis here that nobody will disagree with. Usually I don’t even bother posting such verdicts.

The sudden order (you can read it here) caused world-wide confusion. Passengers were barred from flights to the United States. Customs and border control officials received notice and instructions in the wee hours of the morning, and many began work without knowing what they were supposed to do.  The order  blindsided Trump’s cabinet—what there is of it so far—including Homeland Security chief John Kelly and, incredibly, “Mad Dog”  Mattis, the new Secretary of Defense, who was not consulted by the White House during the preparation of the order and was not given an opportunity to provide input while the order was being drafted. Mattis did not see a final version of the order until a few hours before President Trump arrived to sign it at the Pentagon. Now he really has reason to be be mad. Continue reading

39 Comments

Filed under Around the World, Ethics Alarms Award Nominee, Ethics Dunces, Ethics Train Wrecks, Government & Politics, Journalism & Media, Law & Law Enforcement, Leadership

The Media’s Unethical Reporting On Trump’s Refugee Pause Order: Does Telling The Whole Story Fairly And Accurately Even Matter To These Hacks Any More? Does Their Trump-Hating Audience Even Care?

How many of these protesters have read the Executive Order they are protesting? My guess; none of them.

How many of these protesters have read the Executive Order they are protesting? My guess: none of them.

I didn’t intend this to become Outrageously Unethical Journalism Sunday, but that’s how it is turning out. Not my fault. Don’t blame the messenger.

Here, for the sake of organization and clarity, are some things that you may not have been told about the Trump refugee order that all the Sunday Morning TV shows are and the news sources yesterday were going nuts over. I couldn’t watch all of the former, of course, and some are going on as I write this. Maybe some responsible journalism snuck in, and if it did, please let me know who was responsible, in both senses of the word. So far, however, the mainstream news media is doubling down on its determination not to allow facts to get in the way of its 24-7 effort to demonize President Trump, and my increasingly bats Facebook friends, and yours, I assume, are taking it all as the Utter Truth…

I. Calling the Trump Executive Order a “Muslim Ban” is a lie. Nothing less.

II. In 2011, President Obama ordered a halt to the acceptance of refugees from Iraq for six months (that’s twice the three months of the Trump order yesterday) with no adverse reaction from the news media whatsoever.

III. The seven nations targeted in Trump’s order were not his administration’s collection, but Obama’s, with the addition of Iran.

IV. All of this had to be included in any competent, fair and truthful report about yesterday’s order. As of yesterday, none of it was, at least in major news sources, or the information was buried deep in the reports under hysterical headlines.

Got all that?

It is 100% true. If you were not aware of it before, you are misinformed. If you or your family, friends or acquaintances were on social media proclaiming that the order proves Trump is Hitler, just as you suspected, without knowing the above, you are spreading fake news. If you did this while knowing the above, you are deliberately misrepresenting reality to press your misguided false narrative. Or, in the alternative, you are a rationalizing fool.

Remember, no ethical analysis can proceed without accurately establishing the answer to the question, “What’s going on here?” If one does not have the facts, one cannot perform the analysis. Answering the question incorrectly, as in “What’s going on here is that a xenophobic madman just violated the Constitutional right to the free exercise of religion!!!! ARGGGHHH!” also guarantees a flawed analysis.

You will note that the best sources for establishing the shockingly biased and unethical reportage of this event are conservative sources. This is because this right-biased alternative to the left-biased news media developed specifically for situations like this, in which the truth is deliberately skewed by political bias from the exact same people the public has been taught to trust to keep it informed. As the previous post also demonstrates, that trust is no longer warranted.

Right up front, I want to credit Prof. William Jacobson of Cornell Law School. Every single news source had an obligation to include the information he researched and posted on his blog, but none did.  Now, some details:

1. Read the order itself. Scroll past it if you want to my commentary, but as the professor says, “You should read the actual EO, because most of the media and leftist pundits either have not or are lying if they have.” It is long; I have formatted it for easier reading, but it is long. Nonetheless, the news media have proven beyond, not just a reasonable doubt but the shadow of a doubt that its journalists cannot be trusted to digest this kind of document and relay it truthfully.

Res ipsa loquitur: CNN, from which I obtained the text, headlines the order,

Full text of Trump’s executive order on 7-nation ban, refugee suspension

But there is no ban! That headline is fake news. If you don’t read the order yourself, and yet start ranting on Facebook about the suspension of freedom of religion or some other non-factual nonsense, then you are irresponsible, and you are spreading disinformation. Read it yourself, ascertain what it means if you are uncertain, or shut up about it.

And welcome the era of biased, untrustworthy, partisan journalism.

Here is the EO: Continue reading

52 Comments

Filed under Around the World, Citizenship, Ethics Alarms Award Nominee, Ethics Train Wrecks, Government & Politics, Journalism & Media, Law & Law Enforcement, Religion and Philosophy, Rights, This Helps Explain Why Trump Is President, U.S. Society

Now THAT’S A Terrible Analogy…

Analogy

Daniel L. Byman, a Brookings Institute researcher, authored an article on the organization’s site that would be fun to dissect in its entirety, but I have promises to keep, and miles to go before I sleep. I also have confidence that any half-objective reader can easily see through it without my assistance. Byman is determined to show that radical Islamic terrorism is nothing for U.S. citizens to get their panties in a bunch over, and like so much coming out of places like Brookings these days, his essay is part brief to absolve President Obama from all criticism. Byman also excels in torturing statistics to make his case, leading to the analogy in question:

“With this picture in mind, the challenges facing the United States [in dealing with terrorism] can be broken down into three issues. The first, of course, is the real risk to American lives and those of U.S. allies. In absolute terms, these are small in the United States and only slightly larger in Europe. The average American is more likely to be shot by an armed toddler than killed by a terrorist.”

I’ve had this quote stalled on a potential post list for a while, but the recent discussions here about argument fallacies revived it.

How many things are wrong with this analogy? Let’s see: Continue reading

24 Comments

Filed under Childhood and children, Ethics Alarms Award Nominee, Journalism & Media, Research and Scholarship

“Black Mirror” Ethics

black-mirror

I finally am getting around to examining “Black Mirror,” the British anthology series that explores, sometimes in a science fiction context, ethics issues involving technology. It is a critical hit, and has just had its  third season posted on Netflix.

Technology ethics is a dynamic and crucial topic. I sure hope the series is better than the  first episode, “National Anthem.”

If you are going to do a series about ethics, knowing something about ethics is mandatory. This episode is so absurd and its resolution so idiotic that it’s barely worth analyzing, No spoiler alert necessary, because I’m only going to reveal what would be in any preview synopsis. The Royal Family’s princess is kidnapped by terrorists—I think that’s a fair description—and they release a video on YouTube in which the terrified young woman announces that she will be executed unless the Prime Minister has live sex with a pig, on all TV networks.

The rest of the episode’s 60 minutes involves the PM’s “ethical dilemma” as social media weighs in and his staff and family apply various kinds of pressure. I wouldn’t waste an Ethics Quiz on this alleged “dilemma.” Continue reading

10 Comments

Filed under Animals, Around the World, Ethics Alarms Award Nominee, Gender and Sex, Government & Politics, Leadership, Quizzes, Social Media