Virginia

Four Supreme Court Decisions: Abortion, Guns, Affirmative Action, Corruption…And Ethics. Part 2: McDonnell v. United States

/ Jack Marshall / 1 Comment
Virginia Governor McDonnell shows off the luxury watch he got as a gift from a businessman he barely knew who expected expected nothing in return...

Virginia Governor McDonnell shows off the luxury watch he got as a gift from a businessman he barely knew who expected expected nothing in return…

Governor Bob McDonnell, Virginia’s Republican governor from 2010 to 2014, was charged with using his office to assist businessman Jonnie R. Williams Sr., who, often with Mrs. McDonnell as a conduit, gave his family wedding receptions, loans, vacations and jewelry worth more than $175,000. I wrote about this scandal here, here, and here. The gifts were legal, thanks to absurdly lenient Virginia ethics laws, just as they were obviously unethical, except perhaps to the clueless McDonnells.

Governor McDonnell arranged meetings for Williams and attended events with him. My favorite part of the criminal trial was when McDonnell claimed that he never dreamed that Williams expected anything in exchange for all of his gifts, and then Williams said that of course he expected some favors in return. The jury found that McDonnell’s actions amounted to corruption and a quid pro quo exchange amounting to bribery. A federal appeals court upheld the conviction.

The Supreme Court’s 8-0 decision this week to vacate the conviction upholds the principle that even if someone has done something obviously bad, there has to be a law against what was done before the act occurred in order to convict him. It’s a rather narrow decision. The Court points out that the law McDonnell was convicted of breaking requires “official acts” to be bought and sold for the law to be breached, but that all McDonnell did was hand out political favors to his “friend”: setting up meetings, communicating his favor, greasing the wheels, essentially. (Much is made of the fact that Williams didn’t benefit very much from any of this, which is just moral luck. It doesn’t make what the governor did any less sleazy.)

Wrote Chief Justice Roberts in his opinion for the unanimous Court: Continue reading →

Ethics Quote Of The Day: Slate’s Dahlia Lithwick

/ Jack Marshall / 35 Comments

“Whether or not the alleged institutional abuses are ultimately proven, the reality is this: A severely ill young man wasted away, smeared in his own feces, under the watchful eyes of multiple health care workers, corrections staff, and other inmates. His death will force no accountability and will bring about no change. The illness from which Jamycheal Mitchell suffered could have been better managed through medication, proper treatment, and simple respect. The illness that allows the rest of us to jail great masses of dangerously sick people and mistreat them until they die? It is increasingly seeming to be untreatable and incurable.”

—-Slate’s legal pundit Dahlia Lithwick, writing about the case of 24-year-old Jamycheal Mitchell, who was found dead in his cell at Hampton Roads (Virginia) Regional Jail in Virginia.

Jamycheal Mitchell: Almost nobody thinks his life mattered.

Jamycheal Mitchell: Almost nobody thinks his life mattered.

There is a $60 million lawsuit being filed by Jamycheal Mitchell’s family over his death as a result of an astounding combination of incompetence and negligence. Mitchell suffered from schizophrenia and a bipolar disorder, and was arrested four months prior to his death for stealing a can of Mountain Dew, a Snickers bar, and a Zebra Cake from a 7-Eleven.  He was allowed to waive counsel despite his mental and emotional impairments, and bail was set at $3,000  for stealing less than five dollars worth of junk food. A judge twice ordered him moved to a state mental health hospital, but no beds were available, so he was allowed to languish, and starve to death, in jail.

The videotape of his last days in prison were also erased forever, because, officials say, they didn’t show anything irregular. I was asked if this qualified as spoliation, the intentional and illegal destruction of evidence when a court proceeding is looming or and investigation is underway. No, because spoliation can only take place when a legal proceeding is inevitable or in process, and also because government institutions are remarkably unlikely to ever be held to account for the practice. This was not technically spoliation, because there was no legal proceeding yet, though one could have been predicted by an idiot. Similarly, Hillary Clinton destroying 0ver 30,000 supposedly “purely personal” emails  before they could be demanded by a Senate Committee (and hearings are not legal proceeding) were not technically spoliation. Ethically, it is a distinction without a difference.

Continue reading →

Ethics Lessons of The Peter Chang “Plad Asshole” Affair…And No, One Of Them Isn’t “Always Serve Rice In Individual Bowls”

/ Jack Marshall / 7 Comments
Peter Chang: Chef, ethical restaurant owner, tough father...

Peter Chang: Chef, ethical restaurant owner, tough father...

In my metaphorical back yard, a kerfuffle over whether Chinese restaurants should serve rice  in individual bowls or family style resulted in bad publicity for a burgeoning restaurant chain, a family rift, some lost jobs, and an internet controversy.

I almost missed the last part. Luckily, my issue scout Fred misses nothing.

It unfolded thusly:

A group of four diners at the Peter Chang restaurant in Arlington, Virginia included a man who had lived in Beijing, and he expressed  surprise when the obligatory steamed rice arrived at their table in one large bowl.  He asked, “‘Oh, you guys don’t serve them in individual rice bowls?'” The server told the group that when rice is served to three or more diners at Peter Chang, it comes in a large bowl.

After the former Beijing resident (later termed “the know-it-all” in the ensuing social media debates) noted that it was an odd choice, considering that personalized bowls  were the norm in China, the server then offered to bring individual rice bowls instead. The group declined.

Oh…for some reason, three of the four men were in plaid jackets. Believe it or not, this detail is relevant.

When the diners received their bill, they saw that it had insulting typed commentary on it as well:  “im a plad asshole” and “i have a small penis”:

peter-chang-bill

When they complained to the manager, he apologized and brought out the two servers responsible for the typed insults on the point-of-sale slip. One of the diners told the Washington Post that the manager and the server appeared embarrassed but not contrite. “It was just a joke” and “You weren’t supposed to see it” described their attitude, he said. Continue reading →

Virginia’s Governor Restores The Vote To Felons

/ Jack Marshall / 29 Comments
"First thing on my mind, now that I'm finally out of Shawshank, is to register to vote. Then I figure I'll look up Andy..."

“First thing on my mind, now that I’m finally out of Shawshank, is to register to vote. Then I figure I’ll look up Andy…”

Virginia’s Gov. Terry McAuliffe signed an executive order yesterday  that restored the voting rights of 206,000 ex-felons. The order applies to all violent and nonviolent felons who served their sentence. Virginia is one of a minority of states, only ten, that do not automatically restore rights upon completion of a felony sentence and one of only four  that require an application by each individual felon and action by the governor. Because this is an executive order, McAuliffe will have to reissue it every month.

McAuliffe, who is the political equivilent of Prof. Harold Hill in “The Music Man,” issued the predictable triumphal blather, saying from the Virginia Capitol steps after being introduced by a gospel choir,

“We benefit from a more just and accountable government when we put trust in all of our citizens to choose their leaders.It has taken Virginia many centuries, unfortunately, to learn this lesson. But today, we celebrate its truth.”

We get a more just and accountable government when we put trust in those who have proven themselves untrustworthy, eh?

That’s one of McAuliffe’s talents: he can make a measure that isn’t necessarily unethical at all seem like it.

Is it unethical to tell felons that they are banned from voting and running for office for life? It’s a policy choice, that’s all. A state can make lifetime disenfranchisement part of the official price for serious lawbreaking on the theory that felons have shown themselves to be  insufficiently respectful of the laws and society in general, and lowered themselves into the ranks of permanent second class citizens by their own choices and conduct. I won’t say that’s not fair: it depends what one thinks fair is. It’s tough. It signals a high regard for the rights to participate in self-government. Continue reading →

KABOOM! “Baby Fight Club?”

/ Jack Marshall / 11 Comments

exploding-head

There’s not a lot to say about this one. I usually don’t write about incidents that are obviously unethical to this extreme, but when something broadens my understanding of the full range of human depravity, and makes my head explode, like this story, attention must be paid.

I missed the first coverage of this atrocity, which sounds like a bad joke, two years ago.  Last week, Virginia jury found day-care provider Kierra Spriggs, 26, guilty of four counts of felony child cruelty and two misdemeanor counts of assault and battery after a two-week jury trial in Prince William County. She was a “teacher” at the idyllically named Minnieland Academy at the Glen until fellow teachers blew the whistle on her in 2014.

Testimony during the trial indicated that Spriggs habitually and sadistically mistreated the toddlers, including encouraging twin sisters to fight each other. Prosecutors characterized her crowded classroom containing nearly 20 toddlers from 18 to 27 months as “baby fight club.” She also..

…fed a Flamin’ Hot Cheeto to a toddler, leaving the girl gasping for air.

…stepped on kids’ toes and laughed.

…put rubber bands on the toddlers’ hands and snapped them.

…intentionally tripped a running child.

…dumped water on a little girl’s head.

…taught the children to abuse each other.

Another teacher at the same facility, Sarah Jordan, was convicted in January for similar abuse.

Good. But questions remain in whatever segment of my brain that isn’t on my ceiling, walls, and laptop. Like.. Continue reading →

Comment of the Day: “Unethical High School Assembly Video Of…What? The Month? The Year? Eternity?”

/ Jack Marshall / 16 Comments

race

I must admit: I thought the “unequal opportunity race” video that was the subject of my post to be so outrageously simplistic, exaggerated, insulting to white Americans and discouraging to minority Americans that nobody would defend it. The lively debate that the post sparked proved that the white privilege deflection has seeped into mainstream thinking far more than I had previously understood, and that the position the progressive movement wants to communicate to African Americans is that absent aggressive, government-executed hobbling of present day white citizens as they pursue their own ambitions and dreams, and opportunities for their children, black Americans are doomed to comparative failure, cursed to be victims of traps, gaping craters and metaphorical sharks.

Late in the debate, commenter Chris Bentley, himself an African American, provided a different perspective in two long posts. I am combining them as his Comment of the Day, on the post ,Unethical High School Assembly Video Of…What? The Month? The Year? Eternity?.

To which I say b.s. (as a black man). I have no doubt, no doubt whatsoever, that I have succeeded (and failed at times) solely based on my merit, talents, and desire. I have not been unemployed for even a second, since the age of 18 (I am 37). I have applied to many, many jobs that I have desired, and been hired for many of those jobs. I have been accepted and attended 8 (8!) different colleges, earning 3 different degrees. I have spent the last 20 years working in education, from ECE to college, and spent 3 years as a preschool director (a black male preschool director is about as rare as a unicorn that poops gold).

None of this is meant to be taken as bragging, as my story is no more successful than anyone else on this blog. Nor am I more successful then any average black man, who grew up with loving, educated parents, who forced me to have a good head on my shoulders, taught me the importance of education, and did not teach me to be distrustful of whites, or to blame shift my failures elsewhere. I find it patronizing to be told that individual merit is not enough for me to succeed, when compared to whites; that if I truly want to compete on an even playing field, I need those same whites to level the field.

No. I. Don’t.

Continue reading →

Unethical High School Assembly Video Of…What? The Month? The Year? Eternity?

/ Jack Marshall / 164 Comments

This video, purportedly a defense of affirmative action, was mandatory viewing for students at Glen Allen High School in Henrico, Virginia:

This isn’t education. This is anti-American, race-baiting indoctrination, political in intent and orientation, and absolutely irresponsible for use in a high school. This school, of course, has students of both races, so the video also encourages racial distrust, divisions, and hate.

Naturally, many parents object, though I doubt any are objecting more than I would.

The school was unapologetic:

“The students participated in a presentation that involved American history and racial discourse. A segment of the video was one component of a thoughtful discussion in which all viewpoints were encouraged. As always, we are welcoming of feedback from students and their families, and we address concerns directly as they come forward.”

A classic of  double-speak spin from incompetent, power-abusing educators. You don’t teach children about complex issues by reducing them to simple-minded cartoon agitprop, but then, education, however, is not the objective. The clear motives are racial spoils, white guilt, black entitlement, and partisan advantage.

Ethics Quiz: The Indecipherable Indoctrination

/ Jack Marshall / 49 Comments

calligraphy

In the Augusta County School District in Virginia, Riverheads High School teacher Cheryl LaPorte assigned students the task of coping the shahada, the  Muslim statement of faith, “there is no god but Allah, and Muhammad is the messenger of Allah.” The purpose, LaPorte explained, was to give the students a sense of the calligraphy and art required in Arabic writing as part of the curriculum in the school’s world geography course.

Not surprisingly given the timing of the exercise, chaos soon reigned. One parent expressed alarm at the assignment, called two friends, and they called two friends, and then before you could sing “allahu akbar” ( the lyrics in a proposed audience sing-along that another high school teacher placed in a “holiday program” to the shock of many students and parents), there was a parents’ meeting, in which Augusta County parent Kimberly Herndon protested, “if my truth can not be spoken in schools, I don’t want false doctrine spoken in schools; ” anonymous threats; and this statement of support from the school district for LaPorte, denying  that the teacher was attempting to indoctrinate students into the Muslim faith:

“Neither these lessons, nor any other lesson in the world geography course, are an attempt at indoctrination to Islam or any other religion, or a request for students to renounce their own faith or profess any belief.”

Then the district decided to close all of its schools…just to be on the safe side. Great assignment, Cheryl!

Your Week Before Christmas Ethics Alarms Ethics Quiz today is...

Was the assignment unethical, naive, or legitimate?

Continue reading →

Ethics Observations On The WDBJ Shooting

/ Jack Marshall / 38 Comments

Shooter

As you know by now, a reporter and her cameraman were shot and killed Wednesday on live TV in Roanoke, Virginia. The shooter was a a former reporter at the same station his victims, 24-year-old WDBJ7 reporter Alison Parker and 27-year-old photographer Adam Ward, worked for. Another woman was shot at the scene and apparently will recover. The shooter, Vester Lee Flanagan II, 41, fatally shot himself in his car after fleeing. He had used Bryce Williams as his professional name.

Later it was learned that Flanagan had successfully sued the station (it settled), which had fired him in 2013 after he had worked there briefly. Earlier he’d been employed at several other stations across the country, and had sued some of them as well. He tweeted prior to his rampage that Parker had used a racist term in his presence.

ABC then reported:

“A man claiming to be Bryce Williams called ABC News over the last few weeks, saying he wanted to pitch a story and wanted to fax information. He never told ABC News what the story was.This morning, a fax was in the machine (time stamped 8:26 a.m.) almost two hours after the shooting. A little after 10 a.m., he called again, and introduced himself as Bryce, but also said his legal name was Vester Lee Flanagan, and that he shot two people this morning. While on the phone, he said authorities are “after me,” and “all over the place.” He hung up. ABC News contacted the authorities immediately and provided them with the fax.”

The 23 page fax included such comments as…

  • “MY NAME IS BRYCE WILLIAMS. Why did I do it? I put down a deposit for a gun on 6/19/15. The Church shooting in Charleston happened on 6/17/15”
  • “What sent me over the top was the church shooting,” referring to June’s mass shooting at the  Emanuel African Methodist Episcopal Church in Charleston, S.C.
  • “And my hollow point bullets have the victims’ initials on them.”
  • “As for [Charleston shooting suspect] Dylann Roof? You [censored]! You want a race war [censored]? BRING IT THEN YOU WHITE …[censored]!!!”
  • “I was influenced by [ Virginia Tech shooter] Seung–Hui Cho….That’s my boy right there. He got NEARLY double the amount that Eric Harris and Dylann Klebold got…just sayin.”

A few observations: Continue reading →

“Worlds Are Colliding!” If You’d Like To Meet The Ethicist And Blogger, Come See “Twelve Angry Men” And Meet The Director

/ Jack Marshall / 19 Comments

12show_men

I’ve now received sufficient inquiries from readers to justify the risk of colliding my worlds as a professional stage director, an ethicist and a blogger.

The final production of my quixotic theater company in Arlington, Virginia, “Twelve Angry Men” by Reginald Rose, is playing through August 8. After that, the American Century Theater closes its metaphorical curtains (we perform in a black box theater, in the round for this show) forevermore after 2o rewarding, daring, frustrating years. I know a lot of Ethics Alarms readers live in the Washington D.C, area, and I would love to meet you face to face for a change, which, if you come to a performance, is easy (though you have to let me know when—I don’t see every one.)

You can get information and make reservations here; there are some representative reviews of the show here and here.  Some background on the theater’s closing is here. I’ve written about some ethics issues in the movie (which is the script I directed for the stage) here, here and here.

For many reasons, this is as good a version of the story as you are ever likely to see, and in all honesty and modesty, that includes the classic movie. The script is better live on stage than on film (it is about all the jurors and the jury as a unit, not just Henry Fonda), it cannot be done justice on a proscenium stage; the cast is superb, and the director is a lawyer, an ethicist and a successful stage director who has studied the script for 30 years and directed it three times before to work the kinks out.

If you come, I’ll seat you myself.

Hope you can make it.

Update: You can hear a podcast, hosted by me, about the production here.