Year: 2018

Comment Of The Day: “Morning Ethics Catch-Up, 8/22/18: Manafort, Cohen, and Mollie” (#2)

/ Jack Marshall / 9 Comments

Kudos to Michael Ejercito for flagging an excellent discussion of how election finance laws and the Cohen case intersect. He selected the key section that constitutes the bulk of his Comment of the Day, but by all means, read the whole piece at the link, including this:

The best interpretation of the law is that it simply is not a campaign expense to pay blackmail for things that happened years before one’s candidacy—and thus nothing Cohen (or, in this case, Trump, too) did is a campaign finance crime. But at a minimum, it is unclear whether paying blackmail to a mistress is “for the purpose of influencing an election,” and so must be paid with campaign funds, or a “personal use,” and so prohibited from being paid with campaign funds.

Normally, given this lack of clarity, we would not expect a prosecutor to charge those involved with a “knowing and willful” violation, which means a criminal charge with possible jail time. Typically, at most a civil fine for an unintentional violation would be the response. But prosecutors may be using a guilty plea from Cohen as a predicate for going after the bigger fish, and our simultaneously vague, sometimes contradictory, and incredibly complex campaign finance laws give them that opening.

Of course, it is unethical for prosecutors to use the law to “go after” any citizen, never mind an elected President.

Here is Michael’s Comment of the Day on the post, Morning Ethics Catch-Up, 8/22/18: Manafort, Cohen, and Mollie:

http://reason.com/archives/2018/08/23/trumps-campaign-finance-catch-22

“In the Cohen case, the prosecutors hung their hat on FECA’s definition of “contributions” and “expenditures” as anything spent or contributed “for the purpose of influencing any election.” That’s a pretty broad definition, and certainly it may have been thought that paying hush money to Trump’s old memories would “influence an election.” Thus, they argue, payment of the hush money was subject to limits on the size of contributions used to pay, could not include corporate funds, and had to be reported to the FEC.

“But there is another provision in the statute that prohibits a candidate from diverting campaign funds to “personal use.” “Personal use,” in turn, is defined as any expenditure “used to fulfill any commitment, obligation, or expense of a person that would exist irrespective of the candidate’s election campaign.” These may not be paid with campaign funds, even if they are intended to influence the election. Continue reading →

‘Thank God It’s Friday!’ Ethics Warm-Up, 8/24/2018: Tests…

/ Jack Marshall / 41 Comments

Good morning!

It’s good that this week is finally ending.

1. Case dismissed! Today I learned that motion to dismiss the $100,000 defamation suit against me by a banned Ethics Alarms commenter had been granted. I wish I could claim that my brilliant massing of precedent and irrefutable legal advocacy carried the day, but I’m pretty sure it was because the complaint was absurd and frivolous on its face. The plaintiff’s spot-on Captain Queeg impression at the hearing didn’t hurt.

I’m pretty sure he’ll appeal. They always do.

2. Wisdom from Althouse. I’ve been a bit worried about blogger Ann Althouse, who has been increasingly going off on trivial tangents in posts about important topics. She still is capable of perceptive analysis that cuts through the crap, however. Recalling her response when a friend asked her what her views were on “the constitutional crisis” as a former professor in the field, Ann wrote in part,

What “constitutional crisis”? It seems to me the Constitution is in place, working as usual. There are some legal issues in play, but what’s constitutional other than that some of the various actors in the drama have positions defined in the Constitution and obtained by normal constitutional procedures? It was assumed that I would excitedly spring into action because of this assumed “constitutional crisis,” but my response was that I felt distanced from all the ugly divisions, though I thought some good might ultimately come from the crumbling of the 2 political parties….as I walked on, I thought, What constitutional crisis? It isn’t a constitutional crisis. It’s emotional politics, a national nervous breakdown.

Bingo!

Your friends on social media breathlessly blathering on about a constitutional crisis a) want there to be a constitutional crisis and b) don’t know what the hell they are talking about.

You can tell them I said so. Continue reading →

Another Hader Gotcha! Time to Grovel, Michael Kopech…

/ Jack Marshall / 3 Comments

Add fire-balling White Sox rookie Michael Kopech to the baseball players who have been forced to grovel to the virtue-signaling, mind-control bullies in the sports media for dumb tweets he sent as a high school student.

As I have written here before, searching for lingering social media idiocy that an athlete authored before he could drink or vote is despicable conduct, as is anyone making an issue of  what the deep Twitter dives expose. First, what a baseball player said or thought—they are often not the same thing—in the past has nothing to do with his job, which is playing baseball and not making social policy, and second, nothing anybody says or even does before their brain has matured should be held against them in adulthood, unless it is criminal, and even then the law urges us to be forgiving. I know that a lot of social justice warriors think that any racist, sexist or homophobic comments made post birth should be treated a crimes, but they are anti-democratic nuts, and hostile to free thought and speech, so to hell with them.

NBC Sports baseball blogger Craig Calcaterra, who has lost my respect permanently because of his inappropriate leftist screeds, sneers,

Kopech acknowledged the tweets and apologized for them, offering the now de rigueur “that’s not who I am” stuff…White Sox general manager Rick Hahn said he is satisfied with Kopech’s apology and his assertion that he is not the same person who authored those tweets five years ago. Major League Baseball will likely still weigh in, but as we’ve seen in previous cases, they are likely going to limit it to sensitivity training or something like it. Which, to be fair, is about all the league really can do.

Craig has made it clear in his earlier posts about previous targets of the Hader Gotcha what he would like to see happen: Continue reading →

Fish Bone Ethics: A Poll

/ Jack Marshall / 24 Comments

My tuna sandwich had an unwelcome bonus: a 3/4 inch, two-pronged bone. It stuck me in the gums. No blood drawn, but I expect better from my usual brand of white albacore in water.

Now what? I have encountered negligently included matter in foodstuffs before, nothing large or horrible, like the famous human toe in the plug  of chewing tobacco often cited as a perfect illustration of “res ipsa loquitur”. (The Mississippi Supreme Court: we can “imagine no reason why, with ordinary care human toes could not be left out of chewing tobacco, and if toes are found in chewing tobacco, it seems to us that somebody has been very careless.”) In such cases I have just let it go, taking a Golden Rule approach. After all, some stuff is bound to slip through now and then. Yes, I made a big deal when I found a bug in my salad, but the occasional small hair, or bit of bone, I let pass.

This one was different, though. It was  bigger, and the damn thing stuck me.

So should I send the tuna fish company the bone and complain? If I do, what’s the objective? Is it to extort a lucky haul by getting the company to send a life supply of tuna fish? I know people that send in such complaints several times a year, often with spectacular results. They specialize in writing indignant, angry letters full of implied threats. These people like finding bones in their tuna fish. The problem is, I don’t like them.

Is it a matter of good citizenship to tell the company that some of their cans have bones along with the fish? Can I save another consumer from a stuck gum and a spoiled sandwich experience by alerting the company to a problem in their processing? It probably is good citizenship, except that I’m pretty sure that renegade fish bones are a well-known inevitability in the tuna fish business.

The question, then: what’s the ethical course?

This Is An Ethics Story. More Than That, It’s Hard To Say…

/ Jack Marshall / 27 Comments

Read this story, please.

Then consider the 10 questions below.

A summary of the main points…

  • Luke Gibbs’ wife, Rachel, mother of two,  was rendered permanently vegetative after a go-kart accident at a Michigan amusement park, the Family Fun Center, near Grand Rapids.  A long scarf she was wearing got caught in one of the go-kart’s axles, snapping her windpipe.

  • She is now in a long-term care center southwest of London. Her husband is certain that this would never have occurred in England, because the country has more regulations. “There’s no agency in the United States that can say to my children, who are American citizens, this is the way in which we worked to protect your mother and keep her safe,” he said. “I’m confident that accident would not have happened here, part because I think we have more stringent regulation,” he added.

  • Parks are exempted from federal regulation, leaving supervision to the vagaries of the states, and six have no oversight: Alabama, Mississippi, Montana, Nevada, Wyoming and Utah. In the early 1980s, park operators successfully lobbied to shield amusement parks from federal oversight by the Consumer Product Safety Commission. Starting in 1999,  Senator Edward J. Markey sought to mandate federal oversight, but Disney successfully lobbied against it, along with its competitors.

They argued that the federal regulation was not necessary.  Industry studies say there is only a one in 17 million chance of injury at fixed-site parks. The safety commission estimates there were 29,400 amusement ride injuries requiring emergency treatment last year at all types of parks, including  inflatable attractions and even coin-operated rides at shopping malls.

Mobile parks with rides that can be moved, like carnivals and state fairs, are not exempted from federal regulation.

  • When Rachel Gibbs wife was injured, the park appeared unprepared for an emergency. The ride’s operators panicked, and momentarily couldn’t recall the park’s address so emergency vehicles could be called, and could not provide the injured woman with a defibrillator

A 2007 internal memorandum from the park admonished employees to “never admit fault for accidents,” adding, “our common phrase is ‘AJ’s is an at your own risk Fun Park.’” Continue reading →

Morning Ethics Round-Up, 8/23/2018: A Quote Fest!

/ Jack Marshall / 6 Comments

Good Morning!

1. Now THIS is narcissism! It’s long, but go ahead and read it.  This  was Madonna’s “tribute” to the late Aretha Franklin at the VMAs this week:

Aretha Louise Franklin changed the course of my life. I left Detroit when I was 18. $35 in my pocket. My dream was to make it as a professional dancer.
After years of struggling and being broke, I decided to go to auditions for musical theater. I heard the pay was better. I had no training or dreams of ever becoming a singer, but I went for it. I got cut, and rejected from every audition. Not tall enough. Not blends-in enough, not 12-octave range enough, not pretty enough, not enough, enough. And then, one day, a French disco sensation was looking for back-up singers and dancers for his world tour. I thought, “Why not?” The worst that can happen is I could go back to getting robbed, held at gunpoint and being mistaken for a prostitute in my third floor walk-up that was also a crack house. So I showed up for the audition, and two very large French record producers sat in the empty theater, daring me to be amazing. The dance audition went well. Then they asked if I had sheet music and a song prepared. I panicked. I had overlooked this important part of the audition process. I had to think fast. My next meal was on the line. Fortunately, one of my favorite albums was “Lady Soul” by Aretha Franklin. I blurted out, “You Make Me Feel.” Silence. “You Make Me Feel Like A Natural Woman.” Two French guys nodded at me. I said, “You know, by Aretha Franklin.” Again, “Mmmhmm.” They looked over at the pianist. He shook his head. “I don’t need sheet music,” I said, “I know every word. I know the song by heart, I will sing it a cappella.” I could see that they did not take me seriously. And why should they? Some skinny a– white girl is going to come up here and belt out a song by one of the greatest soul singers that ever lived? A cappella? I said, “Bitch, I’m Madonna.”

No, I didn’t. I didn’t say that. Cause I wasn’t Madonna yet. I don’t know who I was. I don’t know what I said. I don’t know what came over me. I walked to the edge of the pitch black stage and I started singing. When I was finished and drenched in nerve sweat. Y’all know what this is, right, nerve sweat? They said, “We will call you one day, and maybe soon.” So weeks went by and no phone call. Finally, the phone rang, and it was one of the producers, saying, (French accent) “We don’t think you are right for this job.” I’m like, “Why are you calling me?” He replied, “We think you have great potentials. You are rough for the edges but there is good rawness. We want to bring you to Paris and make you a star.” We will put you in a studio . . . it sounded good, and I wanted to live in Paris and also I wanted to eat some food. So, that was the beginning of my journey as a singer. I left for Paris.

But I came back a few months later, because I had not earned the luxury life I was living. It felt wrong. They were good people. But I wanted to write my own songs and be a musician, not a puppet. I needed to go back home and learn to play guitar, and that is exactly what I did. And the rest is history.

So, you are probably all wondering why I am telling you this story. There is a connection. Because none of this would have happened, could have happened, without our lady of soul. She led me to where I am today. And I know she influenced so many people in this house tonight, in this room tonight. And I want to thank you, Aretha, for empowering all of us. R-e-s-p-e-c-t. Long live the queen.

Another anecdote I would like to share: In 1984, this is where the first VMAs were, in this very building. I performed at this show. I sang “Like a Virgin” at the top of a cake. On the way down, I lost a shoe, and then I was rolling on the floor. I tried to make it look like it was part of the choreography, looking for the missing stiletto. And my dress flew up and my butt was exposed, and oh my God, quelle horreur. After the show, my manager said my career was over. LOL.

The fact that Madonna is getting flack for this is almost as funny as the fact that she would think a long monologue about herself qualified as an appropriate tribute to Franklin. This is a manageable mental illness, but it is pathological, and Madonna is an extreme narcissist in a business that produces them in bushels. But didn’t everyone know that? Why, knowing that this woman only sees the world in terms of how it can advance her interests, would anyone entrust  her with giving a tribute to anyone else? That’s rank incompetence.

Narcissists are incapable of ethical reasoning, since ethics requires caring about someone other than yourself.  Madonna’s “tribute” is a valuable window into how such people think. Madonna really thought the nicents thing she could say about Aretha Franklin is that she made a cameo appearance in Madonna’s epic life.

2. Next, a ventriloquist act! Continue reading →

Unethical Quote Of The Week: Symone Sanders

/ Jack Marshall / 53 Comments

“Mollie Tibbetts was murdered b/c she told a man to leave her alone while she was jogging. Her murderer happens to be undocumented. This isn’t about border security. This is about toxic masculinity. Mollie Tibbetts lost her life b/c a man couldn’t take her saying no. Full stop…Her murderer actually might not even be undocumented. Regardless it is problematic for people to characterize an entire community based off the actions of one person. The majority of mass shootings in America are carried out by white men. So are we going to round them all up?…”

—Symone Sanders, former Bernie Sanders spokeswoman and current CNN contributor.

Thoughts:

  • So now we know that Symone Sanders is a bigot and an idiot. Is the left really going to try to push this latest fad bigotry, targeting men as being a virus on society? Is this wise, especially as some high-profile feminists have been hit with credible sexual assault and sexual harassment accusations?
  • Sanders says that “it is problematic for people to characterize an entire community based off the actions of one person” immediately after she used the actions of one person to impugn his entire gender! How arrogant and dim does someone have to be not to realize that she’s contradicting herself in the same tweet series? Continue reading →

Morning Ethics Catch-Up, 8/22/18: Manafort, Cohen, and Mollie

/ Jack Marshall / 56 Comments

Gee, it’s good to be back home…

It took 9 and a half hours to get back to home and office after my CLE tour in rural Pennsylvania, an adventure that also featured a malfunctioning transmission and new Garmin GPS that went rogue, took us in circles once and 20 miles in the wrong direction another time. This is why the ProEthics, aka the Marshalls, never take vacations. It’s cheaper and safer to have such disasters at home.

1.  Explain to me, somebody...why Paul Manafort’s conviction on ten charges that occurred before Donald Trump ran for President and that have nothing to do with Russia or the Trump campaign somehow endangers Trump’s Presidency? Why is this significant news? Why is it on the front page? Now, I can see why his acquittal would be big news, and it would raise fascinating questions about the Mueller investigation’s focus and competence, but the convictions? Please explain. Somebody?

Right-wing blogger Liz Shield’s cynical explanation of why Manafort was involved in the investigation at all is beginning to look good to me. Shouldn’t it? She writes,

He was put on trial because he worked for Trump so that the left can interfere with Trump’s presidency by clouding everything he does with the threat of looming criminal investigations. That way the hyenas on the cable news network have something to squeak about on their nightly clown shows and most importantly, so that no one wants to work for Trump because the cost is too high.

Now, Liz unfortunately resorts to an “everybody does it” defense of Manafort himself, which undermines her credibility:

Manafort was charged with being a sleazy political consultant like many, many others who operate inside the beltway. Did I mention almost everyone in the consulting business in the D.C. area is a sleaze bucket?…Manafort is 69 years old and he faces decades of prison time. He has another trial with more charges in Washington, D.C., and that starts next month.The never-Trump maniacs danced around in glee in their sad Twitter reality, but no one, and I mean no one, could withstand the scrutiny of a federal investigation of this magnitude. I’d love to see any of these never-Trump sad sacks come out clean after a probe by a massive army of government lawyers and investigators.

There is nothing wrong with Manafort being charged, convicted and punished. If what Shield says is true, then more sleazy consultants should be investigated and face the same fate.

2. And speaking of “sleaze buckets” and  “never-Trump maniacs danced around in glee”…The plea deal by ex-Trump fixer Michael Cohen is also being hyped absurdly, though it does have something to do with the President, and definitely raises all sorts of ethics issues. The funniest one is whether anything Michel Cohen says has any credibility at all. Astoundingly, Times columnist Bret Stephens wrote that Trump should resign or be impeached after Cohen guilty plea. This is an excellent example of how the resistance is so hungry for impeachment that it leaps at any theory, no matter how dubious. I seriously doubt that Jack the Ripper could be found guilty of a crime based on the testimony of Michael Cohen. Why does Stephens believe him? Because he wants to believe him, that’s all, even though there are few public figures alive with less integrity or trustworthiness. Has Stephens read the Constitution? “High crimes and misdemeanors” is usually believed to mean “while in office.” A pre-election election law violation, even a serious one, would not, or should not, qualify. Continue reading →

Animal Crackers Ethics

/ Jack Marshall / 31 Comments

Yes, PETA really did protest the mistreatment of “Porgs” in “The Last Jedi.” Of course it did.

The Animal Crackers box has been re-designed in capitulation to a really silly campaign by PETA, though not silly by PETA standards. Mondelez International, the parent company of Nabisco, revealed the new packaging this week. The old packaging, which harmed no animals living or doughed, looked like this:

PETA (People For The Ethical Treatment Of Animals, the all-time  most unethical group with ethics in its name) has been harassing Nabisco over the box design since 2016.  “Given the egregious cruelty inherent in circuses that use animals and the public’s swelling opposition to the exploitation of animals used for entertainment, we urge Nabisco to update its packaging in order to show animals who are free to roam in their natural habitats,” PETA said in a letter obtained by the New York Post.

I know, I know, packaging is redesigned all the time. The old Animal Crackers design was both clever—see, the cookie animals are in those boxes, just as real circus animals were kept in those wagon-cages long, long ago—and a touchstone with the past, something that the Left finds increasingly unbearable if values have changed and mind-control can be achieved. The new inoffensive design…

is self-contradictory. Continue reading →

Morning Ethics Warm-Up, 8/21/18: Road Trip Edition

/ Jack Marshall / 55 Comments

Good Morning!

We’re just about to hit the road and return home, with a 6 hour drive ahead and a car that periodically flashed “TRANS FAIL PROG.” at  us before the engine stops. Gotta get that checked! Thanks for bearing with me during the past few days. Now that I have my little laptop charged, I have less than a n hour of access to the hotel internet. I hate road trips…

1. What exactly are the #MeToo rules? Obviously they are too complicated for me. I’m going to devote a whole post to this soon, but I wouldn’t mind some advance feedback. Pretty clearly, whatever the rules are, they are ripe with double standards. How can the Democrats and feminists justify standing behind DNC co-chair Keith Ellison, for example, who has been credibly accused of domestic violence? How can feminists and scholars still support Avitell Ronell, whose situation I wrote about here? 

It seems pretty clear, does it not, that race, gender, and political orientation change the rules, right? Of course, the King’s Pass is also in play, as it usually is. I wonder how Al Franken feels right now. Will Bill Clinton be “in” again? Is the new standard that women should be believed when they accuse men of sexual assault as long as their alleged abuser is white, Christian or Jewish, or a Republican? It is particularly peculiar that Ellison’s denials are being taken seriously, since his record of candor is shaky at best. Senator Gillibrand, who led the charge to run Franken out of office, hasn’t exhibited any similar indignation regarding Ellison. Why is that?

2. Wait, I thought President Trump was a Nazi…Jakiw Palij, who claimed he was working on a farm and in a factory during World War II when he applied for U.S. citizenship, had that citizenship revoked in 2003 by a federal judge, and he was ordered to be deported a year later. His appeal was denied in 2005. But he stayed..and stayed…. in the United States until now, because, as we know, the Obama Administration didn’t think deporting people who have no business being here should be a major priority, and the Bush administration, as was often the case, wasn’t paying attention. The  problem was, we are told, that no nation would take Palij, even Germany, which has the ethical obligation to be accountable for all Nazis, living and dead. It appears that Germany relented because this President was willing to go to the mat on the principle.

Trump deserves credit for pushing to do what the previous administrations didn’t care enough about to do. He’ won’t get it, except on Fox News, the hacks. Continue reading →