Category Archives: ethics

Go to Trial

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In the “legal” battle between Larry Ellison’s Paramount on the one hand and California, et al,, on the other over whether Paramount’s acquisition of Warner Brothers amounts to an anticompetitive monopoly, as California AG Rob Bonta claims, Ellison is pushing for a 4 November trial start date while Bonta and his fellow attorneys general in this case are holding out for a 5 April of next year start date.

Consider, though: Paramount, as part of the acquisition deal, agreed to pay Warner Brothers $650 million per quarter for every quarter the deal stays unclosed after 7 September this year, and a final payment of $7 billion, if the deal collapses or remains unclosed by June of next year. That’s what put the quote marks around the legal part just above.

If the defendant is ready to go to trial in early November, then that’s when the trial should start. That the defendant shall enjoy the right to a speedy and public trial, by an impartial jury is explicit in our Constitution for criminal cases, but the principle holds just as firmly in civil cases. California, et al., don’t get to delay the trial at government’s convenience.

Aside from that, they were ready to go to trial, tautologically, when they filed their suit. Delaying five months is nothing but an unethical effort to delay, delay, delay for the sole purpose of running up the costs to the defendant—hoping, perhaps to spend the defendant into giving up—for its impertinence in insisting on defending itself.

A Success from which to Learn

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This bit, regarding Ukraine’s battlefield success flowing from Ukraine’s achieving drone dominance in the barbarian’s invasion lays out the success in question:

Ukraine’s rapid adoption of drone technology in warfare, as well as its rapid manufacturing build-out to produce them, is a success that US military officials wish to learn from in order to boost America’s own production and prepare its troops for future conflict.

Some factors of that success obtain in Ukraine that don’t exist in the US. One, that overarches the rest, is Ukraine’s smaller size, relative to us.

Another is that Ukraine’s government has—with that nation’s existence on the line and so clarifying many minds at the top—far less bureaucracy in the way: no acquisition bureaucracy in contrast with our Pentagon’s acquisition satrap whose bureaucrats seem more interested in protecting their bureaucratic turf than they are in getting weapons for our military, no contracting bureaucracy in contrast with our Pentagon’s contracting satrap whose bureaucrats seem more interested in protecting their bureaucratic turf than they are in getting effective weapons contracts signed to produce weapons for our military, a design bureau (for lack of a better term) that produces, authorizes, and encourages input ranging from ideas to developed designs from soldiers at the combat front and the supply and logistics front, in contrast with our Pentagon’s design satrap whose bureaucrats seem more interested in protecting their bureaucratic turf while being, at the same time, entirely too malleable by large defense contractors who constantly evolve their designs in order to plus up their contracts and the income from them, than those bureaucrats are in getting quality designs for our weapons and then freezing those designs for actual production.

Then there’s the political aspect. Ukraine’s size isn’t conducive to balkanizing supply chains and production facilities in response to its politicians’ push to get those projects for their districts. American politicians are infamous for holding up, even killing, useful weapons projects if they can’t get some or all of a project’s production set up in their State or district.

These are obvious lessons, easily learned, but they won’t be easily implemented.

One More Thought on our Second Amendment

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The thought coalesced, finally, on reading a post over at Grim’s Hall, a blog I strongly recommend on GPs.

A problem I’ve had with Bruen from the start, hanging its hat on historical tradition as it does, is that the opinion, thereby, accepts as constitutionally legitimate any weapon regulation, so long as it’s been historically long-standing.

The Second Amendment carries no such caveat or exception, though. Its bar on the government is universal and unequivocal: the right of the people to keep and bear Arms, shall not be infringed. The first attempt to regulate that right should have been ruled unconstitutional. It’s not too late today.

…7th Circuit recently upheld Illinois’ ban, noting that the ubiquitous firearm from 1791 through the mid-19th century was a single-shot muzzleloader. AR-15s with large-capacity magazines, the majority said, are “a far cry from these antecedents.”

This seems to me a patently erroneous argument by the Sages of the Seventh Circuit. The Founders, along with, especially, those members of the first Congress who wrote the Second Amendment, along with the People who ratified it, were no strangers to innovation and to technological advancement. Yet no one in any of the courts that I’ve seen have addressed the premise that with that broad awareness, and against the backdrop of so many of the Continental Army’s and Navy’s large weapons systems employed in the just-concluded Revolutionary War were privately owned, the Amendment was written to be technologically agnostic.

That backdrop, those large weapon systems being privately owned, strikes me as the only valid historical tradition.

“Journalists Shouldn’t Have To Face That Risk”

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The “risk” that Judith Miller, of the Manhattan Institute, faced was going to jail (temporarily realized for all of three months as she refused to give up the source who’d illegally passed her national security information. Miller wants a shield law that would place journalists above the law.

This is typical—demonstrative—of the intrinsically arrogant and dishonest “industry” of which she is a part.

By Miller’s own admission, she had been given a leak of national-security information. This was an obvious illegal transferal, and everywhere outside the journalism guild, receiving stolen property like this “leak” was would itself be a crime.

Further to Miller’s dishonesty, she chose to conflate her subpoena with the recent badly done subpoenas for New York Time news writers as though badly done subpoenas justify tossing correctly done ones like the one that sent her to jail for three months.

Further to Miller’s dishonesty, she noted that she was released only when her contempt of court was cured by her source giving her permission to reveal him. No permission was necessary and no permission is necessary today: journalists must be required to give up their sources of illegally transferred information whether or not they choose to publish those stolen goods.

Shield law: she already has one, as she noted:

…Justice Department guidelines call for issuing subpoenas to journalists only as a last resort and after a thorough investigation fails to determine the source of the leak….

Along with our court system, which deals appropriately with subpoenas to journalists that do not meet those guidelines, just as the court did with those NYT subpoenas.

There is no right of confidentiality for journalist-source relationships, as there is for lawyer-client or doctor-patient, nor should there be. Even with those latter two relationships, lawyers and doctors are required to notify law enforcement or other appropriate authority of the fact of an impending crime if not of which of their clients or patients may be the impending criminal.

Finally, Miller doesn’t even know what national security-related information is:

National security wasn’t compromised by the Qatari plane stories….

Of course it was. The President’s change of movement plans in response to a perceived security threat, as that NYT article itself acknowledged, certainly was national security related, compromising as it did the President’s movement changes, the fact that our government knew about a threat in advance of its realization, and compromised that threat’s goal before they could attempt their move and be intercepted and arrested.

Constitutionally protected newsgathering is vital to a democracy.

Certainly. But there is no constitutional protection for receiving stolen goods. Neither is that protection necessary for effective newsgathering.

In one respect, though, Miller is right about facing the risk of jail. Jail for concealing the sources of illegally transmitted information should be a certainty. Even if the source is later identified. The illegal reception crime would still exist and still want jail in response.

DSA and Government Structure

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The Wall Street Journal editors are rightly worried about the ascendancy of the Democratic Socialists of America. The center of their concern rests on DSA intent to restructure our government:

…replace the President and Supreme Court with an executive and judiciary chosen by and subordinate to Congress.

Sure. Parliament, with its largely figurehead House of Lords, and Parliamentary Superiority vis-a-vis the British courts has worked so well for the UK.

Similarly, the Duma and the National People’s Congress have done so much for the people of Russia and the PRC.

The DSA isn’t about “radical change” for the sake of us average Americans; it’s about a naked grab for party political power–which is to say a naked grab for personal power for those persons atop the DSA. That the bulk of the Progressive-Democratic Party politicians are silent or openly supportive of DSA goals shows how thoroughly Party has chosen to absorb the DSA into its core (or, the other side of that coin: how thoroughly the DSA has coopted Party). The only Party members who are beginning to object to the DSA are on Party’s far right–that fringe group who are Establishment Democrats.

The contest for power within Party is one that legacy Party politicians—those Establishment Democrats—think they can win. They’re likely wrong on that. Keep in mind, in this intraparty power struggle the DSA leadership has made no bones about their candidates running on the Progressive-Democratic Party ticket. It’s a ballot line, and nothing more. DSA plans to supplant the Progressive-Democratic Party, whether by absorption or by replacement.