Ethics Observations On The South Carolina Democratic Candidates Debate

Debate transcript here.

1. The cynical effort to protect Hillary Clinton by scheduling debates at times when as few people as possible will watch them has officially become ludicrous, and also beyond denial. CNN’s alleged media watchdog Brian Stelter, in one of his occasional non-partisan episodes, grilled Debbie Wasserman Schultz on the strategy Sunday, and got a typical Wasserman Schultz-ish non answer, as she compared the TV rations with past debates and then mocked the Republican debates, which have been more conveniently scheduled and have garnered far more viewers. This time the tactic worked on me: my wife wanted to watch “Downton Abbey” (during the debate, one website wag on a post about the Democrats wrote, “Lady Crawley is losing the debate with Mrs Hughes and with The Hospital Board merger. Sad.”) Showtime was also running “The Godfather Epic,” which I had never seen, re-editing I and II together (but somehow differently from “The Godfather Saga.” I didn’t last to the end, so I assumed it also included III, and so wrote until a commenter put me straight), and then there was the football game. I had to watch the MSNBC re-run late into the night.

2. Several commenters claimed that Bernie was rude to Hillary, making funny faces, shouting. That’s Bernie, though, and here we go again: Hillary’s a feminist, but her supporters want to impose a double standard of how she is treated in the rough-and-tumble world of politics. This has, after all, been very effective from the race perspective insulating Barack Obama. If the Democrats dare to run such a corrupt candidate as Hillary, they will deserve Trump as the opposition, the one candidate who won’t pay any attention to media claims that he should pull his punches.

Nothing Bernie did during last night’s debate was nearly as outrageous as Joe Biden’s snorting, snickering, eye-rolling and constantly interrupting performance in the 2012 Vice-Presidential debate with Paul Ryan, as Martha Raddatz played “boxing referee who has taken a bribe” by ignoring it all. Well, but Ryan’s a guy, and a Republican , so he didn’t deserve common civility.

3. The central dishonesty in this debate and all of the Democratic debates is the inherent hypocrisy of simultaneously saying the economy is a mess and Wall Street is pulling the strings, while extolling the record of Barack Obama. Sanders is the most hypocritical, at one point proclaiming his pro-Obama bona fides as he runs a campaign calling for a revolution.  Here’s Sanders in his opening:

“As we look out at our country today, what the American people understand is we have an economy that’s rigged, that ordinary Americans are working longer hours for lower wages, 47 million people living in poverty, and almost all of the new income and wealth going to the top one percent….This campaign is about a political revolution to not only elect the president, but to transform this country….”

4.  Once again, all three candidates used cover words and vagueries to advocate “comprehensive immigration reform” without saying what that is. Nor did  NBC’s softball-tossing moderators, nor the candidates to each other, demand details and meanings. What “reforms”? Opening the borders? Making all illegal immigrants citizens? How long will illegal immigrant-pandering Democrats be allowed to get away with this? If they really are willing to sacrifice U.S. sovereignty, they have an obligation to say so, and clearly. Continue reading

Nicholas Kristof’s Dishonest, Confused, Cynical, And Astoundingly Naive Gun Control Op-Ed

Safe gun

[UPDATED: 1/18/2016]

Few anti-gun advocates have been as shrill and self-righteous as the New York Times’ columnist Nicholas Kristof, so pardon me if I find his sudden change of tone insincere. It smacks of “let’s see if this works,” but never mind: it’s a brave effort, or rather, is supposed to appear as one. Titled “Some Inconvenient Gun Facts for Liberals,” his article cites the statistics that contradict the hysterical anti-gun rhetoric coming from, for one, Barack Obama, and for another, Kristof,  before this essay. We indeed have more guns and fewer homicides, Kristof admits. Banning assault weapons has little if any effect on reducing violence, and many proposed gun control measures were based on ignorance.

So much for the faux reasonableness.  Kristof then pulls out some deceitful statistics of the sort we often hear, like this:

“Just since 1970, more Americans have died from guns than all the Americans who died in wars going back to the American Revolution (about 1.45 million vs. 1.4 million). That gun toll includes suicides, murders and accidents, and these days it amounts to 92 bodies a day.”

What an intellectually dishonest thing to write. Among those who have died were mobsters, gang members, criminals, murderers, terrorists and burglars. It includes people who would have killed themselves with pills or jumping out of windows had guns not been available. It includes accidents, and people die regularly in accidents involving ladders, bicycles slippery kitchen floors. This the epitome of a junk statistic, devised to appeal to emotion and bypass rational thought. Shame on him. He is just getting started, however.

Then Kristof goes off the reality rails, in familiar directions. Universal background checks will keep guns out of the hands of criminals, he says. No, they won’t. Who doesn’t know that?  We should keep guns out of the hands of those who “abuse alcohol,” he says, citing a study. Meaning what, exactly? It’s not illegal to drink, or to get drunk, or to be an alcoholic. Alcoholics Anonymous is, you know, anonymous, and a doctor treating someone for alcohol abuse, whatever that means,  can’t reveal that information. Does Kristof have any idea just how many Americans “abuse alcohol,” including elected officials, police officers, military personnel, artists, writers, doctors, lawyers, judges, professors, philanthropists, journalists, like about a fourth of his colleagues at the Times,  and law abiding citizens?

“That means universal background checks before somebody acquires a gun,” Kristof concludes, “that” being making guns “safer” and “universal background checks” meaning “intrusive checks that go far, far beyond anything that has ever yet been proposed yet that STILL won’t stop any criminal who wants to get a gun from getting one.” “Why empower criminals to arm themselves?” Kristof asks, plaintively. You see, Nick, criminals don’t have to be empowered, because as criminals, they empower themselves regardless of what the law tells them to do. Why this ridiculously simple concept is so elusive to people like Kristof is one of life’s enduring mysteries….unless, of course, he understands completely, and is being intentionally and dishonestly dense. To what end, you ask?

Hmmmm. Well, here’s another example:

“More than 10 percent of murders in the United States, for example, are by intimate partners. The riskiest moment is often after a violent breakup when a woman has won a restraining order against her ex. Prohibiting the subjects of those restraining orders from possessing a gun reduces these murders by 10 percent, one study found.”

And what about those restraining order subjects who already had availed themselves of their Second Amendment right to own a fire arm? What do we do about those guns?

Guess. Continue reading

The Sunday Morning Horror: ABC Shows Us Why Ethical, Perceptive Voters Are In Despair

this-week-with-george

You have to congratulate ABC’s This Week with George Stephanopoulos today for managing to demonstrate, within a 45 minute span, everything that is currently wrong with the Presidential race, and the current front-runners:

First George interviewed Donald Trump, who, as always, said nothing of substance, declared that what he would do as President would be wonderful, gave no specifics whatsoever about how he would “be great for the blacks, bring all those jobs back from China,” and showed that his versions of law, logic and ethical reasoning are infantile…BUT did it with cockiness and flair, which is apparently good enough for millions of people. He  mainly rambled on about how Chief Justice Roberts has been “a disaster,” demonstrating that he assesses judges like interior decorators: if you like the result, they did a great job. Trump cited Ted Cruz’s support for Roberts’ nomination, and  Stephanopoulos didn’t have the wit to point out that Cruz wasn’t elected to the Senate until 2012, whereas Roberts was confirmed in 2005.

Actually, the Cruz-Roberts connection is that Cruz recruited Roberts, whom he knew as a Supreme Court law clerk, for George Bush’s legal team during the 2000 election controversy. Bush won that election, you will note, so in that case, Roberts seems to have been a good choice. I suspect that history will look at Roberts as an unusually skillful Chief Justice who managed to keep an unusually fractious court in line, and squeezed a lot of unanimous decisions out of a group that easily could have been dysfunctional.

When the host pointed to an old video in which Trump appeared to endorse the concept of “New York values,” Trump repeated his stunt that worked so well during the debate, waxing on about the city’s response to 9-11. I can understand why Cruz didn’t make this point, but a competent interviewer is obligated to: “Wait, sir, are you saying that New York City reacted any differently or more courageously to that tragedy than Charleston responded to the church shooting or the people of Oklahoma City responded to its bombing? Surely you know that Sen. Cruz was talking about liberal social values, not typical American resilience in the face of tragedy?” Continue reading

Ethics Dunce: RedState’s Moe Lane, Cheap Shot Artist

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Bernie Sanders, or most likely someone on his staff since I doubt that the Bern is a micro-manager, made his campaign look foolish by sending Wikipedia a DMCA take-down notice demanding that Wikipedia remove  images of Sanders campaign logos on its Sanders page, on the dubious grounds that such use was a violation of copyright law. More embarrassing than the specious copyright complaint is the rather obvious fact that a campaign should want Wikipedia to publicize everything about it. The complaint, to be blunt, was dumb. (The take-down notice was retracted in short order.)

Moe Lane is a fairly nasty right wing blogger, and he gleefully reported Sanders’ Shame, which is certainly fair game for critics. He could not, however, resist this cheap shot headline:

Bernie Sanders yells at Wikipedia, cloud over… campaign logos?

If you don’t get the reference, it’s this: Continue reading

Ethics Heroes: The Orleans Public Defenders

foldersWhen is it your ethical duty to refuse to do your job? Here is one example.

The Orleans Public Defenders office finally decided to force the issue of under-funding for the defense of indigent criminals in the city, announcing last week that, as Chief Defender Derwyn Bunton warned nearly two months ago without any official response, it will begin refusing to handle serious felony cases in which defendants face lengthy or life sentences. Such cases include murder, attempted murder, forcible rape and armed robbery.

The office either needs more funding or reduced caseloads. The city must provide a lawyer for those charged who cannot afford counsel (The 6th Amendment and the Supreme Court insist) , but like almost every city in the nation, the funding for the New Orleans public defenders service is pitiful. With an inadequate staff of lawyers who must handle more cases than it is possible to defend competently, this creates both a Constitutional crisis and an ethical one.

Defense lawyers, like all lawyers, must do a competent job. The professional ethics rules require attorneys to control their workloads: Comment 2 to ABA Rule 1.3, which corresponds to the Louisiana rule, states that a lawyer’s workload “must be controlled so that each matter may be handled competently.” Most public defenders offices know that their clients’ right to representation is being compromised by under-funding, but choose to soldier on, doing the best they can. Several years ago, one office even argued that their clients had “consented” to less than competent representation, because the alternative was no representation at all.  (The court did not agree.)

The American Bar Association addressed this problem in a formal opinion, and wrote, Continue reading

Diversity vs. Integrity: The 2016 Oscar Nominations

All white Oscars

When I began to watch the televised announcement of the Oscar nominations, I was prepared for a wave of minority nominations. After all, the Academy for Motion Pictures Arts and Sciences was lambasted last year for the absence of African American nominees, and with the Academy stuffed with knee-jerk, left-wing, Democratic donors, I assumed that last year’s criticism would prompt the voters to place an affirmative action thumb hard on every scale. To my amazement, I was wrong! For the second year in a row, all 20 nominees in the acting category were white. The only  nonwhite nominee was for Best Director (Alejandro G. Iñárritu).

This tells me that the Academy Awards, though they may be influenced by so many biases that the final awards—except in rare cases where a performance was so outstanding that nobody could argue with the choice without looking silly—are meaningless as credible determinations of merit, have integrity. They are not “fixed.” The Academy, whose chair is a black woman, would have loved to have a large, or even a small group of black nominees to be able to show more  diversity. The awards, however, are supposed to be based on artistic merit, not EEOC targets. It looks like the Academy’s members voted that way. Good for them.

Oh, naturally, Chris Rock (the Oscar night host—do you really think the Academy would have engaged his services if it didn’t want and assume plenty of black nominees?) has been launching verbal grenades, and Al Sharpton, the renowned film auteur, is calling for a boycott (“when the only tool you have is a hammer…”).  In the end, however, the complaint of black activists is self-defeating and hypocritical Continue reading

Comment of the Day: “In Search Of A Tipping Point: Trump, The Microphone, And Thomas Dewey’s Ghost”

Trump mic

Ed Moser, a sound designer, technical director and all-around theater pro (he produced and designed sound for my recent staging of “Twelve Angry Men”…he’s also a friend), enlightens us with some insider observation relevant to Donald Trump’s recent denigration of a sound tech. It also reveals an unattractive side of an earlier GOP presidential candidate. Here is Ed’s Comment of the Day on the post, In Search Of A Tipping Point: Trump, The Microphone, And Thomas Dewey’s Ghost:

I have a friend who engineered the sound for a large church back when McCain was a candidate. He visited the church for a “town meeting”.

My friend locked all the unused gear away, and for the event distributed only freshly batteried hand held wireless mics for the event with screw on caps on the bottom. Such caps are specifically designed to prevent clumsy performers from accidentally touching the controls on the bottom of the mic– where one could turn the mic off, change the battery, or worst of all, change the frequency. Then color coded the mics with bright spike tape, so that while he was at the sound board he could instantly tell which mic/channel he was dealing with.

The plan was for McCain to give a speech, then take questions from the floor. Runners would carry one of three hand helds to the person with the query, so the question could be heard throughout the house. There was a fourth back up.

If all of this sounds pretty standard for people who know what they’re doing and have done many such events before: well, it is.

That evening, during the event, the question and answer session occurs. The first mic, it develops, is dead. A quick check reveals that ALL FOUR are dead. Irked at having to come the the edge of the stage and get close to an actual person to hear an actual question, or perhaps just trying to infuse humor at an awkward moment, McCain points to the back of the house, right at my friend, and says to the crowd, “Fire that guy!”

He gets a laugh. Except from my friend, of course.

Continue reading

Ted Cruz’s Sarcastic Non-Non-Apology Apology

What do George Costanza and Ted Cruz have in common?

What do George Costanza and Ted Cruz have in common?

Responding to the Big Apple uproar over his denigration of “New York values,” Ted Cruz offered what must be regarded as the epitome of a non-apology apology, except that since he used the apology to make it clear that he believes that he had nothing to apologize for. He also used his masterpiece to extract the New Yorkers who he felt were victimized by “New York values,” thus refining his original attack.

Heeeeere’s Ted:

So, today, Donald Trump and Hillary Clinton and Governor Andrew Cuomo and Mayor Bill de Blasio of New York City all demanded I apologize….Who am I say to no? I will apologize. I apologize to the millions of New Yorkers who have been abandoned for years by liberal politicians. I apologize to all the hard-working men and women in New York who like to have jobs, but Governor Cuomo banned fracking, so they don’t get the jobs the people of Pennsylvania have. I apologize to all the New Yorkers who are pro-life, pro-marriage and pro-Second Amendment, who were told by their governor — Governor Cuomo — that there is no place for them in state of New York because that’s not what New Yorkers believe. I apologize to all the small businesses that are fleeing New York City because of the crushing taxes and regulations that are making it impossible to survive. I apologize to all African American and Hispanic school children that Mayor de Blasio tried to throw out of their charter schools that were giving them a lifeline and a chance at the American dream. And I apologize to all the cops and all the firefighters and all the 9/11 heroes who were forced to stand up and turn their backs on Mayor de Blasio because over and over again, he sides with the looters and criminals instead of the brave men and women.

Now I hope that was the apology they were looking for.

Continue reading

There’s Nothing To Do About This, But “13 Hours” Is Unethical

13-hours-poster-image-2015

“13 Hours,” directed by Michael Bay,dramatizes the Sept. 11, 2012 attack on the Benghazi consulate in Libya, a tragedy, and also the center of an ongoing controversy over Clinton’s tenure as Secretary of State and her truthfulness. The movie hits theaters today,  two weeks ahead of the Iowa caucuses.

“The release of ’13 Hours’ will re-start the conversation over Benghazi and introduce a whole new audience to the events of that night,” says Brian O. Walsh, president of Future45, a conservative, Clinton-hating super PAC.  “Coming just weeks before the first votes are cast and in the form of a major motion picture from Hollywood, the timing couldn’t be worse for Secretary Clinton.”

He’s right. I haven’t seen the film, but the subject matter is bad enough. It is brutally unfair and an abuse of its influence and power over public opinion for Hollywood to release a feature film distorting a relevant historical event during the run-up to a national election. Doing so turns entertainment into propaganda, and confuses an already bewildered, ignorant and intellectually lazy public. It is irresponsible. Continue reading

Now THIS Is Ethical Estoppel…

Daily News CruzNow and then you may read here that someone is “ethically estopped” from making an argument that otherwise would be valid. The term derives from the legal concept of estoppel, the principle that precludes a person from asserting in a legal proceeding something contrary to what is implied by a previous action or statement of that person or by a previous pertinent judicial determination.

If you want an example of how I apply estoppel in an ethics rather than a legal context, look no further than New York Governor Andrew Cuomo, who decided to grandstand over Ted Cruz’s cheap shot about Donald Trump’s “New York values.” Cuomo puffed himself up with indignation, and after Cruz defined New York values as “socially liberal, pro-abortion, pro-gay marriage,  and focus around money and the media.” Cuomo demanded that Cruz apologize, saying…

“I’m always open to give him an education on what New York values are all about. And if he had any class, he would apologize to the people of New York. Not that I believe they need it or they want it. But if he had any class, he would apologize.”

Cruz was wrong to make such a statement, but Cuomo eliminated himself from the huge pool of Americans who were entitled to call for his apology, since two years ago, Cuomo himself declared the same dichotomy Cruz was asserting, and even more unethically.Then he said, of conservative Republicans,

Continue reading