Month: August 2018

The Henry Higgins Syndrome And Me

/ Jack Marshall / 38 Comments

“An Englishman’s way of speaking absolutely classifies him!  The moment he talks he makes some other  Englishman despise him!”

—Alan J. Lerner, writing for Henry Higgins in “My Fair Lady,” in the song, “Why Can’t The English Teach Their Children How To Speak?”

Today’s latest “Let’s hate the President!” item from the news media was the leaked news that Trump can’t stand how AG Jeff Sessions speaks. Politico reported yesterday that Trump has griped “to aides and lawmakers”  “that Sessions isn’t a capable defender of the President on television — in part because he ‘talks like he has marbles in his mouth.’”

As usual, the fact that some un-named source says something doesn’t make it true, or, for that matter, legitimate to reports as news, by hey, it’s Donald Trump, so fairness, ethical journalism and professionalism are suspended, right? If you hate the man, here’s more non-substantive, unproven stuff to believe and complain about on line, and if your business is to try to define and encourage standards of societal and workplace ethics, here’s one more chance to be vilified on Facebook as a “Trump supporter” by pointing out that it is wrong for anyone to be subjected to hearsay snipe attacks like that.

In this case, however, there is another factor. There are a lot of speech habits and styles that I have a visceral dislike of too. Some I can defend, some are just a matter of taste, regional influences and upbringing, and some are genuine impediments to my treating people fairly.

Here’s one that my Facebook friends will love, for example: the way Donald Trump talks drives me crazy. His repetitive vocabulary–every thing is “great,” “strong,” “weak,” “stupid,” “smart,” “sad” or “tough; everyone is a “loser,” a “moron” “out of control,” or “dangerous”–signals “uneducated simpleton” to me. I’ve read all of the scholarly examinations of Trumps communications style and why it is effective, and I understand the theories. They are probably right. Where I come from, however, size, precision and variety of vocabulary is deemed a reliable way of gauging intellectual capacity. Continue reading →

Morning Ethics Warm-Up, 8/31/18: Labor Day Weekend Edition

/ Jack Marshall / 34 Comments

Good Morning.

This was in some respects the worst month in Ethics Alarms history, and I won’t be sorry to see it go. This weekend I will be spending more hours trying to cover ethics issues and developments while  knowing that an even smaller group of readers will bother to consider them, as they will off at beaches and mountain retreats, or sweltering at backyard barbecues. I have to admit it’s discouraging, and makes what needs to feel important and stimulating feel like an unsatisfying slog instead. Well, if you’re reading this, it’s not your fault.

1. Ethics estoppel. I couldn’t believe I read more than one local account of last night’s Detroit-Yankee game, a crushing loss for New York, complaining that Tigers DH Victor Martinez’s game-tying homer in the 9th “wouldn’t have been a home run in any of the other 29 Major League stadiums.”  Wow. The unmatched dominance of the New York Yankees over all of baseball has been significantly aided by its uniquely short right field fence ever since the original Yankee Stadium was built to provide cheap right field home runs to Babe Ruth, who hardly needed any help. Even though the shot to right isn’t as easy as it used to be (those old Yankee Stadium dimensions are illegal now), the Yankees still build their offense around that fence, and it is substantially responsible for the fact that the team leads all of baseball in home runs, and games won by cheap home runs.

Yankee fans and media are estopped from complaining when an opposing player benefits for a change. What utter gall!

2. Worst management ethics ever. President Trump is again tweeting about what a lousy job Attorney General Jeff Sessions is doing. Is he trying to make Sessions resign? Why? Why doesn’t he just fire him? This is a guy who became famous using “You’re fired!” as a trademark. Undermining a subordinate in public can’t possible make him or her perform better. It also signifies a dysfunctional organization and chain of command. In Sessions’ case, it makes the target look like a pathetic weenie devoid of self- respect. If my boss complained in public about me, I would resign that very day, with a brief statement that no professional should have to endure such gratuitous abuse from a superior, and that I would not. Continue reading →

Oh, Fine: I Knew Wikipedia Was Untrustworthy, And Now I Find Out It’s Partisan Too….

/ Jack Marshall / 13 Comments

If the mainstream media, social media, and the most accessed encyclopedia won’t tell the truth without trying to manipulate it, what chance do we have?

Yesterday I again tip-toed into the realm of government lawyer ethics for a CLE seminar. As I did last week, I attempted to mention the most important government lawyer issues raised by the events of the past year without triggering partisan zealots and the anti-Trump deranged. I also noted that being a partisan zealot or anti-Trump deranged qualifies as a potential conflict of interest for a government lawyer, interfering with his or her ability to be objective, independent, competent, loyal and zealous. I did not say, but could have, as proven by Sally Yates. I know from past experience that this particular—100% accurate—observation is inviting a fight.

However, I did feel it necessary to discuss Bruce Ohr, the Justice Department official who is at the center of several Mueller investigation controversies. I am not yet prepared to weigh in on Orr, except to note this, as I did yesterday: The fact that Ohr served as the Justice Department contact for Christopher Steele, the former MI6 agent commissioned to author the dubious Trump–Russia dossier that was used as the primary justification for the FISA warrants permitting surveillance of the Trump campaign, while Ohr’s wife, Nellie Ohr, worked for Fusion GPS, the opposition research firm that prepared the dossier under a contract with the Democratic National Committee and the Hillary Clinton campaign (but I repeat myself), was a blatant conflict of interest, and arguably (and I’ll argue it) an unwaivable one. It also violates the ethics requirement that all government employees must follow to avoid the appearance of impropriety. (Pretty much the entire Mueller investigation has breached that. )

In the course of trying to confirm the basic facts of Ohr’s conduct, I consulted Wikipedia. Where else do you go these days for a dispassionate up-to-date recitation of facts without spin? Not  the New York Times. Not Fox News. As Frankie Pentangeli says to Michael Corleone, “Your father did business with Hyman Roth; your father respected Hyman Roth; but your father never trusted Hyman Roth.” That pretty much describes my relationship to Wikipedia. I don’t trust it. I frequently find errors in entries; I know people who have Wikipedia pages who are about as deserving of them, or less, than my Jack Russell Terrier; and I have never forgotten how my father spend hours correcting a wildly inaccurate Wikipedia article about a World War II battle that he was deeply involved in and wrote about in his book only to have his work rejected because Wikipedia does not accept, it said, “first hand accounts.” Wikipedia is a classic example of an imperfect resource that is both essential and hopelessly flawed by its very nature. Continue reading →

Morning Ethics Warm-Up, 8/30/18: Double Standards, Signature Significance, Facebook Tricks, And Pettiness From Beyond The Grave!

/ Jack Marshall / 26 Comments

Gliddy glup gloopy!!

1. Tennis Ethics: Yes, I’d call this a double standard…When I saw the headline at AOL— “The US Open has been accused of sexism after a female tennis player was slapped with a code violation for changing her top in the middle of a match”—I assumed that this was another bare-breasts equality story. No, it was even stupider than that. At the U.S. Open at Flushing Meadows this week,  Alizé Cornet was playing Swedish star Johanna Larsson when Cornet realized she  had put her her top on backwards during a break.

So she quickly fixed the wardrobe malfunction on the court, briefly exposing her black sports bra. The Horror. The umpire slapped Cornet with a code violation, unsportsmanlike conduct. But male players frequently remove their shirts on the sidelines, and usually aren’t wearing any bra at all. Indeed, male player Novak Djokovic  removed his shirt on the same day Cornet received her warning. Women’s Tennis Association rules state that women are not allowed to change clothes while on the court, but there is no similar rule for men.

2. Signature significance for an unethical politician. (But it’s Andrew Cuomo, so we knew that anyway.) During the New York  gubernatorial candidates’ debate  between Governor Andrew Cuomo and actress-turned-politician Cynthia Nixon, there was this exchange,

Cuomo: Excuse me, can you stop interrupting? 

Nixon: Can you stop lying?

Cuomo: Yeah, as soon as you do!

The audience thought this was funny.

New Yorkers.

3. Today’s  alarming “Nah, [enter Social media of mega-tech company here]  doesn’t abuse its power 0r manipulate information for a political agenda! Why would anyone suggest such a thing?” note:

NPR, to its credit, published an investigative reporting piece debunking a popular anti-gun fake stat, one that David Hogg et al. have wielded repeatedly: the U.S. Education Department’s claim that in the 2015-2016 school year, “nearly 240 schools … reported at least 1 incident involving a school-related shooting.”  The NPR investigation findings:

“…NPR reached out to every one of those schools repeatedly over the course of three months and found that more than two-thirds of these reported incidents never happened. Child Trends, a nonpartisan nonprofit research organization, assisted NPR in analyzing data from the government’s Civil Rights Data Collection.

We were able to confirm just 11 reported incidents, either directly with schools or through media reports.

In 161 cases, schools or districts attested that no incident took place or couldn’t confirm one. In at least four cases, we found, something did happen, but it didn’t meet the government’s parameters for a shooting. About a quarter of schools didn’t respond to our inquiries.

“When we’re talking about such an important and rare event, [this] amount of data error could be very meaningful,” says Deborah Temkin, a researcher and program director at Child Trends.

Gee, ya think?

This statistic has been disputed before, but since the challenges came from conservative news media, the NRA or other Second Amendment supporters, the mainstream media kept using it, and I’m sure the Parkland kids will keep using it anyway, since facts seem to have little importance to them. National Public Radio, however, has been resolutely anti-gun for decades, and never saw a liberal cause it didn’t admire.

When a Facebook user shared the NPR article on Facebook, however, it was removed because, as Facebook informed him,  “it looks like spam and [it] doesn’t follow our Community Standards.” See?

Again: You cannot trust these companies or the people who run them. Continue reading →

From The Ethics Alarms “Be Afraid…Be Very Afraid” Files: Fake Maps From Google

/ Jack Marshall / 24 Comments

Nah, Google doesn’t abuse its power 0r manipulate information for a political agenda! Why would anyone suggest such a thing?

Chuck Schumer suggested that the Senate Office Building, currently named after the late Senator Richard Russell, 1897-1971, a Georgia Democrat who served in the Senate for almost 40 years, be re-named in honor of the late John McCain.

It’s a good suggestion. Russell was an adamant white supremacist, and opposed, unapologetically, civil rights measures his whole career. I’ve been rather surprised that the building’s name wasn’t changed long before, when Democrats controlled the Senate. Why didn’t the Democrats try to get Russell replaced by Edward Kennedy’s name, for example?

Go ahead, guess why.

But it’s not Google’s role to lobby for the change, or worse, to make it unilaterally, as it did today on Google Maps. This was especially bad—but helpful!– timing for the giant tech company, as it is under fire for political bias by the President, who tweeted that the search engine was “rigged,” and Congress, and Google’s CEO just refused to be questioned on the Hill.  These companies, like Facebook, Amazon and Twitter,  are arrogant beyond all measure, drunk with their growing power, and ethically inert. You can regard this episode as just a funny glitch if you like.

I think it’s an inadvertent warning.

Afternoon Ethics Warm-Up, 8/29/2018: Amazingly, There Are More Important Ethics Developments Than How Long The White House Flag Was At Half-Mast…

/ Jack Marshall / 26 Comments

Gooooood Morning!

1 It’s not just bias–ignorance also makes you stupid, Part I. On Fox News this morning, they were breathlessly talking about the importance of stopping the publishing of those evil blue-prints of 3-D printable guns. Why, last year, a plastic gun got through TSA security, and it was loaded! And those 3-D printed guns are cheaper than ever! (nobody mentioned that making a 3-D gun that shoots is still incredibly expensive.)

The report was like science fiction, and the woman in a protesting group who said that these guns needed to be stopped NOW! should have had her head wreathed in tin foil. Did Fox discuss the First Amendment issues? No. Did Fox explain that anyone can make their own gun without a 3-D printer? No. Did Fox explain anything relevant to the actual case? Of course not. Did Fox point out that the judge who just issued the injunction admitted that his action abridged speech? No, not that either.

And no, the other news networks weren’t any better.

2. California is ending cash bail. Good. It may backfire, but a statewide experiment somewhere is needed. Bail may be a necessary evil, but the long-time criticism of the system as being biased against the poor has validity, if not a solution. Not every idea Jerry Brown has is bad, just most of them. My guess is that this will be a PR and political disaster, but hey, I don’t live there. The first time a “non-violent” accused criminal kills someone while on his own recognizance, the someone won’t be anyone in my…oops, I forgot, I have a nephew and a niece in California. Well, they’re rabid Democrats and progressives, so they have consented to the risk, I guess.

Amusing reaction: The bail-bondsmen say that they’ll leave the state if this policy stays. Well, of course. Why wouldn’t they leave? What kind of a threat is that?

3. It’s not just bias–ignorance also makes you stupid, Part II A poll says that a majority of the public can’t name a single member of the Supreme Court, despite a large majority believing that the Court’s decisions greatly affect their daily lives. Worse, most of the public thinks the Court is a partisan body, like Congress, because most of the public doesn’t know the difference between the Supreme Court and an ice cream cones, and virtually none of the public has read a single Supreme Court opinion all the way though in their entire lives. No wonder  the Democrat fear-mongering about Judge Kavanaugh is regarded as a smart tactic. Ignorant people are the easiest to con. Conned people warp our democracy.

That’s why it is unethical to be ignorant. Continue reading →

The Jehovah Paradox Strikes Again!

/ Jack Marshall / 19 Comments

Even I get sick of repeating myself, and there is not a lot new to say since the last individual was punished for saying the word nigger in order to discuss the ethical problem with the word nigger. Still, this episode deserves special attention, because the utterer herself, Galileo-style,  capitulated to this lunacy,

Mary Beth Maxwell, the head of the Human Rights Campaign’s educational arm, has resigned after a colleague revealed that she spoke the word nigger twice, in both cases not to refer to an African-American, but to describe a situation in which the denigrating term was used by others. And yet she resigned anyway. Read the story here, but to summarize from an ethics perspective:

  • Maxwell is an idiot and a coward to allow herself to be forced out like this. She has had her brain washed to believe that there are such things as magic taboo words that do tangible and real harm no matter how or where they are used.
  • Apparently this is one more growing malady in Crazy Left World. It needs to be eradicated by the concerted efforts of all free speech embracing citizens regardless of party or belief.
  • HRC President Chad Griffin’s official statement said in part,

“As an organization devoted to achieving equality and stamping out bigotry, we are confronted with hate speech on a daily basis,” Griffin wrote in the memo. “But it’s our job to respond to these incidents in ways that are appropriate and don’t compound the harms done. This situation has crystallized the need for a formal policy on our expectations and requirements of staff in responding to or discussing hate speech.”

What to do? How does one discuss “hate speech” without using “hate speech”? It’s the Jehovah Paradox!!!

The Jehovah Paradox:When one must clearly or graphically reference something offensive in order to explain why it is offensive (or not), thereby risking being accused of the same offense that one is trying to analyze.

Gee, I wonder if the new policy will allow using the word “hate” to discuss hate speech? Griffin is also an idiot. That is not an ad hominem attack, but a fair diagnosis based on his words and conduct. I wonder how he got this way? Whose anti-speech, thought-control propaganda rotted his brains?  Continue reading →

Wait…Condemning A Pope’s Mass Cover-Up Of Sexual Abuse Of Children By Priests Is Partisan Now? [UPDATED*]

/ Jack Marshall / 13 Comments

I saw a hint of this when I noticed this week that my 90% leftist Facebook friends scrupulously avoided commenting on my cross-posted article about the current Pope’s likely complicity in the ongoing Roman Catholic Church child sexual abuse cover-up while metaphorically foaming at the mouth because the White House flag wasn’t at half mast. Then the New York Times started spinning. An article by Jason Horowitz titled “Vatican Power Struggle Bursts Into Open as Conservatives Pounce”  argued that conservatives were “weaponizing” the scandal in order to minimize the influence of Pope Francis, who has aroused the Right’s ire by “going soft” on homosexuality and by becoming a shill for climate change. Horowitz wrote,

“Just how angry his political and doctrinal enemies are became clear this weekend, when a caustic letter published by the Vatican’s former top diplomat in the United States blamed a “homosexual current” in the Vatican hierarchy for sexual abuse. It called for Francis’ resignation, accusing him of covering up for a disgraced cardinal, Theodore E. McCarrick.”

What? Heaven forfend that someone suggest that a hypocritical homosexual factor at high levels of the Church might be partially responsible for a policy of allowing male priests to continue to rape little boys! That’s minor, however, compared to the triple “What?” earned by the writer and the Times for implying that Archbishop Carlo Maria Viganò’s  a letter accusing Pope Francis of covering up Cardinal McCarrick’s abuses while also taking his counsel on appointing bishops was merely a political ploy. This is one more example of the tactic of using alleged mixed motives to delegitimize an ethical act. So what if Viganò is a Vatican dissident? The evidence is overwhelming that the Catholic Church has facilitated child abuse for at least decades (See: “Spotlight”), that this continued on Pope Francis’s watch (See: the recent grand jury report), that the Pope is accountable, that his statement was a weaselly mess of accountability-skirting platitudes, and that Viganò’s accusations appear to have validity. Continue reading →

Ominous Anti-Free Speech Quote Of The Year: U.S. District Judge Robert Lasnik

/ Jack Marshall / 37 Comments

“The Court declines to wade through these issues based on the limited record before it and instead presumes that the private defendants have a First Amend ment right to disseminate the CAD files. That right is currently abridged, but it has not been abrogated. Regulation under the AECA means that the files cannot be uploaded to the internet, b ut they can be emailed, mailed, securely transmitted, or otherwise published within the United States. The Court finds that the irreparable burdens on the private defendants’ First Amendment rights are dwarfed by the irreparable harms the States are likely to suffer if the existing restrictions are withdrawn and that, overall, the public interest strongly supports maintaining the status quo through the pendency of this litigation.”

—U.S. District Judge Robert Lasnik, in his preliminary injunction issued today blocking the federal government from allowing publication of the blueprints of 3-D printable guns.

The injunction will stand until final resolution of the multi-state lawsuit seeking to keep the blueprints offline. Lasnik had issued a temporary restraining order in the case July 31, prompting this post, which states the Ethics Alarms position still:

“It sure sounds like prior restraint to me, and I suspect, when this gets to the Supreme Court, which it inevitably will, that will be the conclusion.

This began as one more example of the Obama Administration playing fast and loose with the Bill of Rights. Now, it may well be, as the suit by the states alleges, that the Trump Administration didn’t handle its legal U-turn properly, it being, after all, the Trump Administration. Nonetheless, the government blocking the online publication of information, which is what a blueprint is, when no copyrights, patents or trademarks are being violated or national secrets revealed, seems like a pretty clear First Amendment violation.”

If Lasnik’s langauge about “abridged, but it has not been abrogated” doesn’t send chills down your spine, I guess that means you’re a typical progressive or Democrat these days. The First Amendment says that “Congress shall make no law…abridging the freedom of speech,” meaning that the judge here admits that his ruling and the law suit are efforts to cut another chunk out of our core national values. But hey, it’s all cool! The ends justify the means, and we all know that guns are bad. That Second Amendment thingy? Once we take down the First, the Second will be a piece of cake.

As was discussed at length in the excellent thread on the previous post, it’s a long, long way, not just from May to December, but also from having the blueprint of a #-D printable gun and actually having a gun. Does the judge full comprehend that? I doubt it very much. If there is one theme that runs through judicial decisions and opinion involving rapidly evolving technology, it is that most judges and too many lawyers don’t understand the technology well-enough to regulate it or make coherent policy.

I still think this is such an obvious example of prior restraint that the Supreme Court will knock it down, especially after Kavanaugh joins the Court, and I hope I am wrong that the anti-Second Amendment liberal wing will unite in dissent, but I believe that is likely.

Sigh.

Ought I to say this? What the hell….

I am increasingly coming to believe that what is really at stake in the upcoming elections is the Bill of Rights, and perhaps our democracy itself.  The “resistance’s” attempt to undo the election of President Trump is just part of a long-term, concerted assault on our institutions, by a growing faction that believes that freedom and liberty are too dangerous to be left in the wrong hands, and must be constrained—abridged, so to speak—by those who know best.

Them.

________________________

Pointer and Source: ABA Journal

Morning Ethics Warm-Up, 8/28/2018: Short, But Disturbing…

/ Jack Marshall / 26 Comments

Good Morning!

1. Am I a chicken? Today I am doing an early morning CLE seminar for prosecutors and government lawyers, and there are a lot of juicy issues that I am staying away from. Last year’s seminar on this topic with this audience bogged down almost immediately in political arguments, and later I received complaints, which I almost never do. Despite the fact that the ethics of government lawyers have never been more under a microscope than  now, today’sthree-hour course is going to almost (almost) completely avoid the controversies surrounding the Mueller investigation, Rosenstein, Strzok and the rest. I am going to mention Andrew McCabe’s use of GoFundMe, but only in the context of lawyers crossing ethics lines while using the web.

Is avoiding the political controversies wrong and cowardly when they are so relevant to the topic of government ethics? I’ve been thinking about this for months. In the end, I have decided that the distraction and static is more damaging to the mission—giving government lawyers a chance to tune up their ethics alarms—than the embargoed topics are essential. There is more to cover than I have time for anyway.

2. More on the baseball mind-control front. Back in 2015, then-Mets second-baseman Daniel Murphy said in an interview that he “did not agree with the lifestyle” of a gay former player. Now, two teams later, he is playing for the Chicago Cubs, and the news media has resuscitated the “scandal”—apparently not agreeing with someone else’s lifestyle when that lifestyle has been officially sanctified is a scandal now—and Murphy is being examined, prodded and watched. Are his anti-gay—apparently not “agreeing” with something is to be “anti-“ too—attitudes a burden on the team? Are they “harming” gay fans? Gays in general? It is clear that Murphy will never stop being a target of political correctness-besotted reporters until he publicly embraces his inner gayness, announces that he has forsworn his sincere religious beliefs (they are  behind the times), and publicly endorses every LGBT issue under the skies. Of course, gay baseball fans in Chicago will be happy with Murphy as long as he hits and helps the Cubs win games, which is all that should matter, and in fact is all that does.

The lesson of Murphy’s ordeal is, I suppose, that no celebrity or public figure should dare utter non-conforming opinions or views, unless they are willing to be hounded by the political correctness Furies to the grave.

I don’t believe this condition is compatible with freedom of thought and expression, but then, neither are the Furies. And those who would deny Murphy leave to “disagree” with whatever he choose to disagree with want freedom of thought and expression to be constrained, or as the Supreme Court put it, “chilled.”

3. Flag up, flag down. Apparently there are people who have nothing better to do than watch flag poles. In response to Senator McCain’s death, The White House lowered its U.S. flag to half-staff on Sunday, raised it back up and on Monday lowered it again after the death of Senator John McCain, in a break with the tradition following the passing of a national leader. Based on the reaction of my Facebook friends, this was far more outrageous than the Catholic Church facilitating child rape for the last 50 years or so. Finally, under pressure from the news media, veterans and members of Congress, President Trump  ordered flags to half-staff, and came out with a late, grudging tribute to McCain.

Yes, the President should have treated McCain like prior departed leaders of his stature and duration on the national scene.

Yes, his response was petty.

Yes, he is petty, and yes, apparently Trump being Trump will perpetually be news.

Yes, John McCain is dead, and his orders that the President of the United States isn’t welcome at his funeral still stand.

Yes, the news media’s attitude is that McCain’s pettiness was justified, because any anti-Trump attitudes are per se virtuous and just, and Trump’s pettiness is just more proof that he should be impeached.

Got it.

4. Lanny Lanny Lanny…In July, CNN published a story claiming that President Trump knew about the planned Trump Tower meeting with some Russians bearing gifts of dirt on Hillary Clinton, or so they had claimed delegation. According to their anonymous source, former Trump fixer and Olympics-level slimemeister Michael Cohen claims Trump was briefed on the meeting. It now appears that the only source for CNN’s story was Lanny Davis, Hillary Clinton’s and Bill’s fixer and Olympics-level slimemeister. Now Lanny is saying that he was somehow “misunderstood.” You see, his client testified under oath to Congress that Trump did not know, so Lanny’s leak to CNN implicated his own Client in a crime—one that he hasn’t pled guilty to yet. Now all of the media outlets, notably the Washington Post, that went into full impeachment heat over the CNN story are having to backtrack, just like Lanny. [Pointer: Liberty Girls]

Nah, Chuck Todd is right, there’s no news media anti-Trump bias!

Sarcasm aside, I find it impossible to believe that a majority of the public isn’t sick of this.