Month: September 2015

Comment of the Day: “Disqualified For High Office: Senator Ted Cruz (R-Tx)”

/ Jack Marshall / 58 Comments
legs

(Some of the many legs Kim Davis and Ted Cruz don’t have to stand on…)

My posts are long enough, I think everyone will agree, and often a lot more than that. Believe it or not. I’m always debating whether to include more detailed and footnoted arguments that make the blog more like the New Yorker, and I usually opt for the shorter version. I am always grateful when an articulate commenter expands on the post expands, at any length, on what I present and adds some of the sources I have read and others, putting more flesh on the bones of my position.

johnburger2013 has done Ethics Alarms a service by doing this regarding my posts about recalcitrant Kentucky clerk Kim Davis, now known as Inmate 8522901, and hosanna to that. In particular, I am grateful for his Scalia reference. The Volokh Conspiracy is the best reference for issues like this, as Prof. Volokh and his cohorts lean libertarian but brook no nonsense. You know, like Ted Cruz’s rant. Thanks to jvb also for using that site deftly.

Here is his Comment of the Day on the post, Disqualified For High Office: Senator Ted Cruz (R-Tx): Continue reading →

Disqualified For High Office: Senator Ted Cruz (R-Tx)

/ Jack Marshall / 52 Comments
See, Ted, it's crazy to keep criticizing Iran while suggesting that the US should be come LIKE Iran. Never mind. Just stay in the Senate, and you can say stupid things you don't believe with minimal harm.

See, Ted, it’s crazy to keep criticizing Iran while suggesting that the US should be come LIKE Iran. Oh, never mind. Just stay in the Senate, and you can say stupid things you don’t believe with minimal harm. Deal?

Eventually, I may have to post a full list of the current Presidential candidates who have definitively disqualified themselves, by evidence of character, integrity, honesty, temperament, trustworthiness, leadership ability  and core values (or, in the cases of Hillary Clinton and Donald Trump, the absence of them), from the very office they seek. Frankly, I’m afraid that no one will be left.

Senator Ted Cruz’s recent statement about Kim Davis, the now correctly jailed Kentucky clerk who cites God’s authority to justify defying the law, is so irresponsible, dishonest and cynical that he has to be moved to the top of the list.

Here it is. My comments are in bold.

“Today, judicial lawlessness crossed into judicial tyranny. Today, for the first time ever, the government arrested a Christian woman for living according to her faith. This is wrong. This is not America…

This is a lie, and a gross mischaracterization of the facts. Kim Davis can live and worship any way she chooses. She objects to same sex marriage, and she may refuse to associate with gay married couples, refuse to attend gay weddings, make whatever statements opposing gay marriage she chooses, picket gay weddings, lobby for a Constitutional amendment and more.

What she cannot do is refuse to perform the duties of her office, and withhold from citizens the government services they have a right to receive because of her religious beliefs. It is beyond legitimate question in law and ethics that she does not have the right to do this. She has been arrested for defying a court order and being in open contempt of legal judicial authority. This is not unprecedented, this is America, and must be America if democracy and rule of law is to function. Continue reading →

Now A Judge Is Punishing Innocent Citizens Because He Doesn’t Like Gay Marriage

/ Jack Marshall / 30 Comments

atherton

Meet Hamilton County (Tennessee) Chancellor Jeffrey Atherton, a local judge who is throwing a high-profile tantrum to show that he doesn’t agree with the U. S. Supreme Court’s same-sex marriage decision. Atherton denied a divorce petition last week, but not really because of the case at hand.. After hearing from seven witnesses and going through 77 exhibits, he rejected the requested divorce by Thomas Bumgardner and his wife, Pamela, stating that the Supreme Court’s ruling declaring gay marriages a right destroyed Tennessee’s ability to determine what constitutes marriage or divorce.

No, it doesn’t make sense.

 

Atherton said the Supreme Court must clarify “when a marriage is no longer a marriage”  and until it does, Tennessee courts are unable to handle  marriage and divorce litigation.  “The conclusion reached by this Court is that Tennesseans have been deemed by the U.S. Supreme Court to be incompetent to define and address such keystone/central institutions such as marriage, and, thereby, at minimum, contested divorces,” Atherton wrote.

 Or the short version: “I am an asshole with power!”
Continue reading →

Ethical Quote Of The Month: PBS Ombudsman Michael Getler

/ Jack Marshall / 20 Comments

pbs-logo-in-black

“One would have to lean way over backwards to give her the benefit of the doubt that she was simply shedding light on the administration’s view of portions of Netanyahu’s arguments. But to personalize it by saying, “Take that, Bibi” is, in my book, inexcusable for an experienced journalist who is the co-anchor of a nightly news program watched by millions of people over the course of any week.”

—PBS Ombudsman Michael Getler, giving no quarter and making no rationalizations to slam PBS news host Gwen Ifill for her” “Take that, Bibi” taunt via Twitter.

Bravo.

Note that he also is saying that Ifill’s defense is a lie. As indeed it was. Later, as you can read, he makes it clear that he believes that Ifill is too experienced to make the mistake she claims she made. She made a different mistake: letting her bias rule her judgment and professionalism.

What do you know, a real, honest ombudsman who doesn’t view his job as spinning for his bosses!

I wonder why the New York Times can’t find one.

JFK’s Death, Hanlon’s Razor, And How Truth Gets Buried Forever

/ Jack Marshall / 104 Comments

JFK Hickey

I am a student of Presidential assassinations (as you might guess by the posts on McKinley and Garfield), and have been most of my life, ever since I saw a TV special called “Web of Conspiracy” when I was 10, about the Lincoln murder. That led me to read the  best-selling book the special was based on, an 800 page, sensational analysis of the mysteries behind Lincoln’s death, by mystery writer Theodore Roscoe, who dabbled in history. The book’s theories and insinuating style are more convincing to a ten-year-old than an adult (I read the book many years later, and it drove me crazy), but the book still has a lot of fascinating tales and theories in it. I was hooked.

Oddly, the one Presidential assassination that has interested me least in recent years is the one I lived through, the assassination of President Kennedy. Blame Oliver Stone, Kevin Costner and Jim Garrison: “JFK” was the most dishonest movie I had ever watched (still is) and I walked out of it when its lies and distortions got too much for me about a third of the way through. Even before Stone’s brilliantly directed piece of crap. I was sick of the conspiracy theories, though Stone manufacturing a link to Lyndon Johnson was the final straw. Yes, the bitter Vietnam veteran really got back at LBJ; I hope it made him feel better. I, however, was soured on the whole topic.

I should have been paying more attention. Netflix is showing a documentary with the generic conspiracy theory title of “JFK: The Smoking Gun,” which was shown on cable two years ago. I missed it; if I had been aware of the film, the title and the subject matter—Oh, who’s behind it now? The Mafia? Nixon? Woody Harrelson’s father?—would have kept me away. But while I was on the road for a couple days doing ethics seminars for VACLE, my wife watched the documentary, and when I returned, sleep deprived, weak and submissive, she made me watch it.

Fascinating. And troubling. Continue reading →

Unethical Tweet Of The Month: PBS’S Gwen Ifill

/ Jack Marshall / 91 Comments

gwen ifill tweetThis was, of course, in reaction to yesterday’s developments that indicate sufficient Democratic support for President Obama’s Iran nuclear deal.

Ifill defends her tweet: of course she does. She has been a brazen cheerleader for the President since he was campaigning in 2008, and made it very clear that she sees nothing wrong with that, even when she was the moderator for the 2008 Vice-Presidential debate while her book about the inspiring achievement of Obama’s ascent to the Presidency—he hadn’t been elected yet, remember—was awaiting publication. PBS proved its bias (as if further proof were necessary) by shrugging off a blindingly clear conflict of interest and appearance of impropriety on her part then, and it will doubtlessly do so now. Ifill is defiantly pro-Obama. The tweet, however, is worse than that.

An American journalist taunting  the leader of an important American ally is unprofessional and, in this case especially despicable. Isreal’s legitimate concern about the Iran agreement is that under the best of circumstances, the scenario that the advocates for the deal admit, Iran will gain the resources to vastly enhance its support of terror in the Middle East, much of which will be focused on harming citizens of the nation that Iran has openly vowed to destroy. Take that, Bibi! Jews are going to die! Nyaa nyaa! Under the worst case scenario, the treaty makes it easier for Iran to wipe Israel off the face of the earth. How dare a nation’s leader express concern about his nation’s security and survival? Yeah, let’s make fun of him as the U.S. all but ensures a nuclear Iran 15 years from now.

Curt Schilling has been suspended by ESPN for making a legitimate historical observation that didn’t affect or relate to his job as a baseball analyst at all. Ifill’s tweet insults a world leader, displays gross partisanship, undermines PBS’s official pose as an objective news source and shows not merely terrible judgment, but the arrogance and shamelessness  that those who view themselves as immune from consequences eventually embrace.

The War Against Wonder Woman

/ Jack Marshall / 27 Comments

Wonder-Woman-Flying

For a lot of reasons, I have avoided commenting on this story until now. First of all, it is so stupid that if there is someone who wants to defend the conduct of the school in the matter, I don’t want to know them or read them, and I generally don’t post about the obvious. Second, we still don’t have a name of the victim of the anti-Wonder Woman attack, the school involved, or the teacher or administrator involved. Finally, I’m suspicious: a Wonder Woman movie is nearing release, and this seems awfully convenient.

The tale began with a post by someone claiming to be the parent of a little girl named Laura who was sent home is shame because her Wonder Woman lunch box violated school policy. The letter sent home with Laura, which someone supposedly photographed, is head-explosion worthy: Continue reading →

The “Now I’ll Make You Feel Bad For Insisting On Getting What You Paid For” Ploy

/ Jack Marshall / 10 Comments
My hotel room TV, post Fred.

My hotel room TV, post Fred.

I’m in the midst of a legal ethics tour of Virginia, moving from one hotel to another. Last night I arrived at a Richmond Hilton at 11 pm, after fighting the usual traffic jams from late night construction on Rt.95 in my two hour car trip to get there. Oh, I had all the usual fun: the room that I had been told was pre-paid by my hosts wasn’t; later, the Wi-Fi in the room didn’t work. First, however, I immediately noticed that room 527 featured a TV that was hanging limply from its pedestal, forward and to the left. I guess I could have watched it sort of comfortably if I sat cross-legged on the floor with my head tilted to one side like President Buchanan.

I decided to call the desk instead.

The chirpy clerk answered my call brightly. “Yes, Mr. Marshall, what can I do for you?” she said.

“Well, my TV is broken. The screen is crooked, and it’s tipping off its pedestal.” Continue reading →

Ethics Dunce: Washington Redskins Quarterback Robert Griffin III And Any Other Celebrity Who Has Somebody Other Than The Celebrity Send Out Social Media Messages In His Or Her Name

/ Jack Marshall / 6 Comments

RGIII

I’m really sick of the “an intern did it” or ” a low level employee did it” explanation when a social media tweet, re-tweet, “like” or message goes wrong and causes an uproar that causes trouble for a celebrity or politician. It’s your name, the person sending the message is your employee and agent who you have authorized to communicate in your name. For the purposes of social media, they are you. Take your medicine, be accountable, own what “you” say online, or get off social media. It’s really as simple as that.

Robert Griffin III is the central figure of a pro football drama that many of those outside of Washington, D.C. or, better yet, those who recognize that pro football is ethics rot put in colorful uniforms to maim minds and and make money every Sunday for more than half the year. Once an NFL rookie of the year, a blooming super-star black quarterback in a majority black city, and the lord of all he surveyed, RGIII, as he is almost exclusively called locally, has fallen far, brought low by bad coaching, injuries, and his own hubris. His one great advantage has been the Skins’ owner’s infatuation with him, as Croesus-like Daniel Snyder runs his franchise like Fantasy league team, and also into the ground.

So how does “RGIII,” a.k.a. the anonymous kid who sends out his tweets and other messages when the star is busy doing what young millionaires do, decide is a great is a great way to show his loyalty to his patron and the man who pays his salary? “He” likes a post from an angry fan that features the hashtag, #inpeachdansnyder.

RGIII, recognizing that this was an especially bad time to tick off his guardian billionaire (he had just been benched by the Redskins’ coach), sent out his own, genuine, reallyreallyreally what he thinks post blaming his intern:

@rgiii I just wanted to set the record straight on this one. I did not “like” that IG post ridiculing our team. I have not been social media active consistently for awhile now and am ultra-focused on working to get back on the field and trying to help this team. One of our interns who helps with Instagram liked the post. As soon as I was made aware of it, it was immediately unliked. That is not how I feel and I appreciate your understanding.
#HTTR

No, actually “you” did like that post, Mr. Star. And if you have “not been social media active,” stop paying someone you obviously don’t supervise to keep you socially media active.

I’m glad they benched you.

(At least Donald Trump makes his own offensive tweets.)

Unethical Quote of the Week: Kim Davis

/ Jack Marshall / 132 Comments

“I never imagined a day like this would come, where I would be asked to violate a central teaching of Scripture and of Jesus Himself regarding marriage. To issue a marriage license which conflicts with God’s definition of marriage, with my name affixed to the certificate, would violate my conscience. It is not a light issue for me. It is a Heaven or Hell decision. For me it is a decision of obedience. I have no animosity toward anyone and harbor no ill will. To me this has never been a gay or lesbian issue. It is about marriage and God’s Word. It is a matter of religious liberty, which is protected under the First Amendment, the Kentucky Constitution, and in the Kentucky Religious Freedom Restoration Act. Our history is filled with accommodations for people’s religious freedom and conscience. I want to continue to perform my duties, but I also am requesting what our Founders envisioned – that conscience and religious freedom would be protected. That is all I am asking. I never sought to be in this position, and I would much rather not have been placed in this position. I have received death threats from people who do not know me. I harbor nothing against them. I was elected by the people to serve as the County Clerk. I intend to continue to serve the people of Rowan County, but I cannot violate my conscience.”

—-Kim Davis, Rowan County Kentucky Clerk  and hero of the addled, who has been making an ass out of herself while inconveniencing and insulting citizens of the State of Kentucky who only wish to get a marriage license, as is their right, in an official statement today released by her lawyers.

Stop in the name of arrogance and ignorance!

Stop in the name of arrogance and ignorance!

The U.S. Supreme Court declined to extend a temporary stay of a federal court order directing Davis to stop grandstanding, do her job and issue marriage licenses to a same-sex couples. One of the couples that Davis sought to deny the equal protection of law sued her, hence the order.   Davis’s lawyers, who have been giving her lousy advice, appealed  that order to the Court of Appeals, which stayed the lower court order until August 31. Now the stay of the order is no longer in effect, she’s out of even semi-rational options, and the courts are out of patience.

Davis, expressing certainty regarding her gross misinterpretation of law, religion, the Bible, and what it means to have a job, embraces a version of the Rule of Law that would lead directly to a theocracy. She is doing more damage to Christianity by her high profile idiocy than any gay couple possibly could. Continue reading →