Tag Archives: terrorism

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.”

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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

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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

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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

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“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

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Ethics Heroes: North Carolina Democrats

gop-firebombing

Someone firebombed a Republican Party office in North Carolina over the weekend, and added some graffiti telling “Nazi Republicans” to leave town. Police are investigating; I don’t know why, since Donald Trump, responsible and fair as ever, already announced that the Clinton campaign did it.

trump-tweet-ncInspired by a tweet from University of North Carolina’s School of Information Science’s Zeynep Tufekci, David Weinberger of Harvard’s Berkman Klein Center for Internet & Technology launched a campaign on GoFundMe to rebuild the ruined office. He wrote on the fund’s page,
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A Thoughtful, Rational Entry In The “Give Me An Ethical Reason To Vote For Donald Trump” Contest

Would Bobby Kennedy have been a Trump supporter?

Would Bobby Kennedy have been a Trump supporter?

As regular readers here know, I have been on a fruitless quest to find a single articulate, informed, unemotional and substantive argument for Donald Trump’s Presidency. Not only have no such arguments surfaced, nothing has come even close. This entry is different. It does not blather on about “elites,” or “tearing it down,” or use rationalizations like “we’re all doomed anyway.” It does not default to reasons why Hillary Clinton is worse, an increasingly plausible theory, but still not a case for Trump. The argument that Trump is a better risk than Hillary because she would get away with her excesses while a biased news media will keep Trump under the scrutiny that they should subject every President  to but reserve only for Republicans  is too pretzelian to be taken seriously, but otherwise intelligent analysts keep proposing it. They are that desperate.

The article by former Robert Kennedy speechwriter Adam Walinsky is different in kind, and deserves attention. His perspective is interesting, and his gauzy perspective on Jack and Bobby is what I would expect from an ancient True Believer. Call me cynical, but those who extol the commitment to peace of a President who set the fuse for the Vietnam War and whose projction of weakness to the Soviet Union nearly sparked a nuclear war are not credible nor respectable advocates. Still, his argument is novel and his position is sincere, with many valid observations leading to what I judge as an absurd and reckless conclusion.

It is worth reading, though: I Was RFK’s Speechwriter. Now I’m Voting for Trump. Here’s Why….The Democratic Party has become something both JFK and RFK would deplore—the party of war.

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