Month: March 2017

It’s Trenchant Original Reader Commentary And Plausible Conspiracy Theory Thursday!

/ Jack Marshall / 80 Comments

I don’t have time to come up with a better name.

It’s 4:40 AM, I’m in Sacramento, and my cab is on the way. I’ll be on a plane for about the next 8 hours, and I can’t plan in in-flight internet, so you are on your own for the day. Ethics issues only, please. No political rants. Substance, and please, keep it civil.

Meanwhile, tell me what you think of this.

Particularly, I am interested in hearing from those who would discard it as conservative nonsense what they would call it IF it were true.

See you soon.

Ethics Observation On The Trump 2005 Tax Return

/ Jack Marshall / 195 Comments

Yesterday, MSNBC host Rachel Maddow endlessly hyped the fact that  veteran investigative reporter David Cay Johnston had obtained President Trump’s 2005 federal tax return. When it was revealed, the scoop didn’t justify the hype. Trump  paid 38 million in taxes that year,  24% of his income—not the top rate, but not “nothing,” which was the rumor Democrats were selling during the campaign.

Ethics points:

1. Whoever leaked the return broke the law, and doing so was unethical.  No, it’s not illegal for the news media to take material stolen by others and sanctify it via their First Amendment protections.  It should be though. When they do this, they aide and abet a crime, and Freedom of the Press wasn’t supposed to allow THAT. At very least, journalists should be required to reveal the names of the criminals who steal and release our proprietary documents. The publication of these makes such thefts worse, not better.

2. I don’t see why the President’s tax returns from 12 years ago has any genuine relevance to anything now. The returns were relevant to the decision of whether or not people wanted to vote for him. Now, the tax documents have no purpose, except for the insatiable Trump-bashers to have something new to bash him with. Anything will do.

3. David Cay Johnston was dishing about his “scoop” with GMA’s George Stephanopoulos, and decided to start a new rumor. He speculated that Trump leaked the return himself.  No evidence, not a drop, and yet that’s what this veteran reporter felt was justifiable to say on national TV. Gee, can we call THAT fake news?

4. Then, as he did with Maddow, the reporter went on about all the conflicts of interest that Trump’s financial dealings have created. Again, this is re-litigating the election. At this point, there is no practical way to eliminate Trump’s conflicts and the appearance of impropriety that they create, and he’s not going to bother trying. Johnston, and others, including me, never made a clear case to the public why the President’s unprecedented financial entanglements should have been disqualifying; nor did Hillary, in part because her own financial entanglements were disqualifying. Well, the train left the station, y’all. You had your chance, and botched it. Johnston, like so many of the other bitter-enders who want to turn back time, ultimately get back to, “But…but…but…we never should have elected this guy! Surely there is something we can do to undo it!”

No, there isn’t. Cut it out. Continue reading →

Ethics Dunce: Ex-US Attorney Preet Bharara

/ Jack Marshall / 13 Comments

And a good thing, too…

Preet Bharara, until recently the United States Attorney’ for the Southern District of New York, was known as an aggressive, fearless, skilled prosecutor. He was also  increasingly a partisan one, as his  felony prosecution of Dinesh D’Souza, a vocal conservative critic of President Obama, showed. Despite the ridiculous and dishonest criticism of President Trump for firing Baharara, if there has ever been a President with good cause not to trust holdovers from the previous administration, it is Donald Trump.

The last Holder/Lynch Justice Department employee he trusted was Sally Yates, and she breached her ethical and professional duties by going rogue, and not just rogue, but partisan rogue. Baharara,who referred to himself as a “completely independent” prosecutor, was such a good bet to go rogue that it would have been negligent for Trump not to fire him. Democrats in and out of government are suddenly dedicated to defying and bringing down our governmental institutions, notable the Presidency. They can’t be trusted. Even if it wasn’t  the usual course to sack the previous administration’s US Attorneys—though it is—  there was every reason for this President to sack these prosecutors.

And, nicely enough, Bharara proved that Trump was right by grandstanding on his way out the door.

Asked to resign along with his colleagues, Bharara refused, and Trump fired him  Glenn Reynolds calls the refusal to resign childish, but it was more that. It was a breach of professional ethics, and akin to Yates’ stunt.  Bharara is a government lawyer, meaning that he represents the government’s interests as his supervisors define them. If he doesn’t like their priorities, his option is to resign—not defy them until he is fired, but resign.  United States Attorneys “serve at the pleasure of the President” and that’s a term of art.  The prosecution of crimes, including the decision regarding which crimes to prosecute and which crimes not to prosecute, is made at the discretion of the Executive Branch, which is headed by the President. If, for example, Bharara felt that Obama’s executive order declaring  that illegal immigrants who hadn’t committed serious crimes were henceforth to be treated as if they were legal immigrants rather than illegal ones was unconstitutional, which it is, his option would have been to resign, not give a press conference, a la Yates, declaring his opposition to the new policy. Continue reading →

Screwing Over Mexico In The World Baseball Classic: Now THAT’S A Stupid Rule…

/ Jack Marshall / 18 Comments

Rationalization #30. The Prospective Repeal: “It’s a bad law/stupid rule,” is a widely employed ethics dodge, used by everyone from drug dealers to tax cheats. It doesn’t mean that many rules are not bad and stupid however. The World Baseball Classic just demonstrated its management’s incompetence with one of them. As is often the case when bad rules and laws prevail, injustice is the result.

Sixteen national teams are competing in the World Baseball Classic, a relatively new baseball tournament played during MLB’s  Spring Training. There are five pools of teams in an elimination tournament. The competitors this year (the tournament is held every four years, sometimes three—never mind, they are still working it out) are Japan, Taiwan, China, SOUTH Korea (the first version of this post erroneously said “North”—wishful thinking on my part), Mexico, Cuba, Columbia, Puerto Rico, the Dominican Republic, Venezuela, Australia, Italy, the Netherlands, Canada, the U.S., of course, and…Israel. Pool competition just ended (the US is moving on to the next round) and Mexico, Venezuela and Italy all finished with records of 1-2 in their pool games. The tournament doesn’t have time for extended play-off games, so a tie-breaker was triggered.

Under Classic tiebreaker rules, the two teams with the fewest runs allowed per defensive inning in games played between the teams tied during the tournament play an elimination game, and the other is eliminated. The calculation of runs allowed per inning includes “partial innings.” (Hold that thought.) Major League Baseball announced that Venezuela (1.11 runs allowed per defensive inning) and Italy (1.05 runs allowed) will play an elimination game, with Mexico (1.12) out of the tournament. Here is how it stacked up: Continue reading →

The New York Times “Explains” The Terms Of Immigration Reporting, Exposes Its Bias, And Then Ignores What It Concluded

/ Jack Marshall / 31 Comments

My eight hours transit cross country yesterday to give a one-hour talk on bias wasn’t a total waste.. I did get to catch up on my New York Times back-up. However, the near head explosion my reading triggered was a threat to aircraft and passengers.

On March 10, page two, the Times published an ombudsman-like explanation of what terms it believes the paper should use when discussing illegal immigration. It begins,

“Illegal immigrant.” “Unauthorized immigrant.” “Undocumented immigrant.” “Illegal alien.” “Migrant.” “Noncitizen.” All of these terms, and some others, have been used in The New York Times to describe a person who has entered, lived in or worked in the United States without proper authorization — and each has been met with criticism.

The fact that terms meet with criticism doesn’t prove there is anything wrong with all the terms. Some of these terms, when used to describe illegal immigrants—and that is the correct term—are simply misleading, or so incomplete as to be useless. “Noncitizen”? A non-citizen is not necessarily illegal, nor is a non-citizen necessarily an immigrant. Ding. “Unauthorized” and “undocumented” immigrant are both euphemisms to duck the problem and the issue: the immigrant is illegal, and its not good to be illegal. The fact that the immigrant is illegal is the immigrant’s fault, not some passive bureaucratic snafu that robbed him of authorization or the documents he needs.

There is no controversy or problem here, but the Times  spends over a thousand words pretending that there is.

“In a debate as contentious as the one surrounding immigration policy in the United States, where even the most basic terminology is fraught with political implications, how do journalists decide, in a given instance, what term to apply?” Steven Hiltner whines. Uh, Steve? It’s in the Times ethics code. Just tell the truth, clearly and objectively. That means use “illegal immigrant,” period. The issue is people coming into our nation, immigrants, who do so in violation of our laws—illegally. What’s the problem?

The Times style guide, Hiltner explains, says that the term “illegal immigrant” may be considered “loaded or offensive” by “some readers.” The guide suggests “not taking sides” and using “alternatives” that describe the specific circumstances of the person in question. HOLD IT. “Illegal immigrant” isn’t loaded, or political, or partisan. It is clear English and undeniable fact. That one side of the political spectrum, for the most cynical of reasons, wants to disguise the nature of the act in question does not make telling the truth that this side of the spectrum wants to unethically obscure “loaded” or “taking sides.”  There is the pro-illegal immigration “side,” the dishonest, anti-law side, and the truth, which is the side the Times is obligated to embrace. Why should the Times care if “some people” want news sources to obscure the truth to aid and abet their agenda? Because a political party has embraced obfuscation and denial as a strategy, the Times is obligated not to allow fact to get in the way? Nonsense.

That the Times even feels like it has to engage in this navel gazing shows that it is hostage to the Left. The individuals in question are illegal immigrants, and that is what a responsible, neutral, objective and ethical newspaper should call them, so there is no confusion….even though Democrats, progressives and activists want there to be confusion. Continue reading →

In A Photo Finish Race For Incompetent Elected Official Of The Month, Ohio State Wes Retherford (R) Edges Texas State Rep. Jessica Farrar (D)

/ Jack Marshall / 82 Comments

Both are embarrassments to their parties, their states, and the voters who elected them, however.

First the winner: Ohio State Representative Wes Retherford, R-Hamilton, who was discovered over the weekend passed out drunk in his car with a loaded firearm at a McDonald’s drive-thru . Wes was arrested by Butler County sheriff’s deputies, and faces charges of operating a vehicle under the influence and improper handling of a firearm in a motor vehicle, because there is no current criminal law covering unbelievably stupid conduct by an elected official.

Retherford was easily re-elected in November in the heavily Republican district, even though voters had to know he was a drunk. He had to defeat a challenger in the GOP primary after another candidate gained the party’s endorsement because Retherford had been criticized for “partying.” “Partying” is a euphemism, in this case, for “has a serious drinking problem and is likely to end up  passed out drunk in his car at a McDonald’s drive-thru with a loaded firearm. The Ohio House Speaker even had to order a drinks cart removed from Retherford’s office because it violated House rules. People voted for him anyway. They must be so proud.

Our runner-up is a different brand of fool, but a fool nonetheless: Texas State Rep. Jessica Farrar, a Democrat, offered what she termed a “satirical bill”  that would fine men for masturbating, allow doctors to refuse to prescribe Viagra and require men to undergo a medically unnecessary rectal exam before any elective vasectomy. Farrar says that she knows her bill will never pass, but says she hopes it will start a conversation about abortion restrictions. Continue reading →

Brief And Rueful Thoughts Sparked By The Previous Post

/ Jack Marshall / 56 Comments

This was yet another post on which the reactions of the dear departed Zoe Brain would be fascinating. I have to admit, I take it badly when a long-time commenter throws a snit and announces permanent departure. (The latest was Margie, a commenter here since 2010, who decided that I had become too “snarky.”) You try to nurture a relationship in the comments over time, and yet usually all it takes is a single comment, moderation choice, or issue disagreement to trash it all.  I remember vividly the angry exits of Ablativemeatshield, Liberal Dan, Ampersand, and Luke G. And those are  just the ones who announce their leave.

I really worry about the silently vanished. It’s stupid, but I do. Where’s Michael R,, the eloquent teacher, not seen in these parts since December, 2015? Whither Steven Mark Pilling, whose epic battles with tgt (also gone with the wind, with occasional sightings like the Ivory Billed Woodpecker) were worthy of a separate blog or a mini-series? Aaron Paschal? The nit-picking but mordantly amusing Brit, P.M. Lawrence? How about Karla Marie Robinett, who was gone for half a year, came back to say she was happy to be back, and vanished again? I liked it when The Ethics Sage dropped in for a scholarly chat.  Where did he go, and why? Rick Jones, “Curmie” of  “The Curmies,” is just a fond memory. FinleyOshea has been gone for more than a year: his last post just said, “test.” Ominous.  And its been almost four months since Ethics Alarms heard from Julian Hung, another reader from the blog’s beginning. Julian is an intermittent participant, but a sharp one. I’m officially concerned.

These and so many others are noticed when they go AWOL, and missed. New voices take their places, I know, and change is good, or can be. Still, even though I have never met most of these people, I feel their losses, and regret their departures. And that—I just erased a long list for fear of who I was forgetting—is why those loyal and passionate commenters who stay and ride out the storms and disagreements are so cherished and appreciated, even when I may sometimes not sound that way.

Carry on.

Comment Of The Day (2) : “Catching Up On “Instersectionality,” And Finally Paying Attention”

/ Jack Marshall / 6 Comments

It’s always satisfying to post a Comment of the Day from a new commenter on this forum, and such is the case with Mrs. Q. She, like Isaac before her, authored her response to the original post about Andrew Sullivan’s observations on “intersectionality” and its emergenec on the Left as virtual religion.

Here is Mrs. Q’s Comment of the Day on the post, “Catching Up On “Instersectionality,” And Finally Paying Attention”:

I’m amused that the main discussion in the 45+ comments so far is about identity politics. I’m also guessing, including the kind host of this blog, that the majority of folks having the discussion are somewhat similar in identities. Fun to watch.

What I find most interesting in Sullivan’s remarks is the similarities to various religious and religion-like movements that have been mostly totalitarian in nature. There is always a good guy & bad guy/sinner & saint/better or worse. Intersectionality is a fancy way of saying “stuff overlaps sometimes and from it develop new challenges.” Indeed racism is in that bad/sinner/worse category – until those attempting to correct racism become a new form of racist, as we are seeing much of. Look up sports commenter Sage Steele to see how some liberals wanted to trade her in the racial draft (it was a funny but not funny joke) for a prime example.

I have 4 categories in which I qualify for minority. I can tell you without fail, white liberals have been as oppressive if not more so in how I’ve been treated than white conservatives. Why this is I don’t know. Time after time I’ve put my so called oppression to the test & found in spite of it all that:

A: I have way more advantages than some people both because of race, class, sex, sexuality, ect…and also…not because of those things.

B. I have way less advantages for the same reasons as above.

C. This is the human condition. The end.

What I think we need to be much more concerned about is the general malaise in respectfulness and respectability. Without fail when we begin to dehumanize no matter much “they deserve it” or how much “they started it” we as a nation or nations bring about terrible changes. This we must talk about.

From The Ethics Alarms “Fake News That Deniers Of Mainstream Media Bias Claim Isn’t Fake News But It’s Still Fake News” Files: The New Michael Brown Video And CNN

/ Jack Marshall / 39 Comments

As we all remember, teen-aged African- American Michael Brown was arrested and subsequently shot to death by Ferguson police officer Darren Wilson after he was attacked  by Brown. The narrative, based on a lie told by Brown’s friend and accepted as fact by the news media, that the teen was shot while shouting “Don’t shoot!” and holding his hands up, sparked riots in Ferguson and demonstrations elsewhere, as well as racial tensions that still continue. Much to its disappointment, the Obama Justice Department couldn’t find evidence that Wilson behaved improperly under the circumstances, and he was never charged.

From the New York Times:

[P]olice released a security video from a nearby store that showed Mr. Brown pushing a worker and taking cigarillos minutes before the shooting. But a second, previously unreported video from that same convenience store included in a new documentary is raising new questions about what happened in the hours before the shooting on Aug. 9, 2014.

The footage shows Mr. Brown entering the store, Ferguson Market and Liquor, shortly after 1 a.m. on the day he died. He approaches the counter, hands over an item that appears to be a small bag and takes a shopping sack filled with cigarillos. Mr. Brown is shown walking toward the door with the sack, then turning around and handing the cigarillos back across the counter before exiting.

Jason Pollock, a documentary filmmaker who acquired the new tape, says the footage challenges the police narrative that Mr. Brown committed a strong-armed robbery when he returned to the store around noon that day. Instead, Mr. Pollock believes that the new video shows Mr. Brown giving a small bag of marijuana to store employees and receiving cigarillos in return as part of a negotiated deal. Mr. Pollock said Mr. Brown left the cigarillos behind the counter for safekeeping.

What does the new video, which the store owners deny shows what Pollack says it does, have to do with the circumstances of Brown’s shooting, and whether Officer Wilson was in fear of bodily injury, requiring him to use deadly force?

Nothing. Not a thing.  Nada. Zippo. What occurred hours before Brown encountered Wilson had no impact on the subsequent events. It doesn’t matter whether Mike Brown was selling drugs, stealing something, making funny faces, or clog dancing. It doesn’t change the evidence that he tried to wrest Officer Williams’ gun from him, fled the police car, and turned and charged the officer.  The video literally doesn’t matter, any more than a video of “Pootie Tang” or “The English Patient.”  Because it doesn’t matter, the video has no significance to what does matter, whether the police shooting was just, or racially motivated.  It isn’t news. It isn’t useful or enlightening. If it is represented as news, then the public is being misled. Continue reading →

Comment Of The Day: “Catching Up On “Instersectionality,” And Finally Paying Attention”

/ Jack Marshall / 30 Comments

These do not exist.

My heart sank when the I saw that the extremely lively debate following yesterday’s post about “intersectionality” had sparked a posting of “White Privilege: Unpacking the Invisible Knapsack” by Paula McIntosh, who either was time traveling  from 1947 or who was awakened from a coma in 1988 and set it to paper.  The list was out of date then, and it is 29 years old now: one of my favorite aspects of perpetual victim-mongers is that they always pretend that no progress has been made in ethics and human relations, because progress puts them out of business. 

I had to debunk this thing, but there were other priorities hanging over me. Fortunately, reader Isaac took up the challenge. This is often the case in Ethics Alarms, where the remarkable reader base either assists me in doing my job, or, as in this case, does it for me, often better than I could. Isaac chose humor to do the job here, and looking over the material, that might have been the kindest course.

Here is Isaac’s epic Comment of the Day on the post, “Catching Up On “Instersectionality And Finally Paying Attention.” (I’ll have a few comments at the end.)

I wish to thank Deery for sharing about the “Invisible Knapsack” of 26 White Privileges invented by someone named McIntosh. I had never heard of it and am eager to unpack all of unseen ways that the White-spiracy has gifted me with an implicit advantage over my colored people friends. By knowing what my white privilege affords me, I can now exploit it and achieve my highest potential! Let’s dive in.

—-“1. I can if I wish arrange to be in the company of people of my race most of the time.”—-

That can’t be right, and I don’t just mean the sentence structure. My neighborhood in Riverside County, California is about 65% Latino and 15% Black. And I can’t afford to move. I like it here. But if I did want to move to Orange County or Malibu or whatever and hang around fellow Whites all day, I can’t afford it. Maybe McIntosh can connect me to the secret White Privilege Office that will hook me up with a McMansion in Irvine.

—-“2. If I should need to move, I can be pretty sure of renting or purchasing housing in an area, which I can afford and in which I would want to live.”—–

Seriously, McIntosh? I just went over this. If it costs more than a one-bedroom apartment in Perris, I CAN’T afford it. Who is McIntosh and why does she believe that being White gets you real-estate discounts?

—-“3. I can be pretty sure that my neighbors in such a location will be neutral or pleasant to me.”—-

My neighbors have been pretty cool except for the three or four people who have robbed me or smashed some of my property. Is this the realization of my White privilege or do I still have untapped benefits?

—-“4. I can go shopping alone most of the time, pretty well assured that I will not be followed or harassed.”—-

I got kicked out of a gift store once as a teenager, but to be fair, I WAS shoplifting at the time.

I’ve only been unfairly followed or harassed while shopping a few times. But I checked with some of my Brown and Black friends, and they ALSO had only been followed or harassed while shopping a few times. That number should be WAY higher for them than for me. What kind of white privilege is this? Why are my benefits not notable?

—-5. “I can turn on the television or open to the front page of the paper and see people of my race widely represented.”—-

To check my privilege in this area I turned on the television and looked at a newspaper, and was surprised to find that yes, there were quite a few white people there. Sweet, privilege! But it gets better! I checked Wikipedia and found out that White people make up almost two thirds of the population of America! Wow! How can a group of people that make up 63% of a country’s population also be seen on the television and newspapers constantly? It’s gotta be a conspiracy, baby! A sweet, sweet, white conspiracy.

—-“6. When I am told about our national heritage or about “civilization,” I am shown that people of my color made it what it is.”—- Continue reading →