Month: August 2018

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 →

OK, Is Being A Double-Talking Idiot Justification Losing Security Clearance?

/ Jack Marshall / 25 Comments

Doesn’t it make you feel secure that this guy was in charge of the CIA?

John Brennan, talking to broadcast journalist Rachel Maddow on anti-Trump news network MSNBC:

“And for Mr. Trump to so cavalierly so dismiss that, yes, sometimes my Irish comes out and in my tweets. And I did say that it rises to and exceeds the level of high crimes and misdemeanors and nothing short of treasonous, because he had the opportunity there to be able to say to the world that this is something that happened. And that’s why I said it was nothing short of treasonous. I didn’t mean that he committed treason. But it was a term that I used, nothing short of treasonous.”

Oh.

What?

To Maddow’s credit, she did point out that “nothing short of treasonous” means “committed treason,” but to her shame, she did not press Brennan to make sense out of this self-contradiction, perhaps because that is impossible, and also because she isn’t about to be properly tough on a Trump critic who was put on the air to bash the President. The whole interview shows Brennan to be an arrogant, presumptuous partisan warrior. I think my favorite quote is when he says

I gave him a year. I said, maybe he is going to adapt and change. But it seemed like day after day, week after week, month after month, things just got worse. He did not live up to I think what Americans expect of the president of the United States, to speak with great forcefulness but to do it with integrity and honesty. Mr. Trump, time after time, I think has really just disappointed millions of Americans, which I’m trying to give voice to.

And so, I know a lot of people think a former intelligence official shouldn’t be doing this. I don’t consider what I’m doing as political at all. I never registered as a Republican or a Democrat, you know, for my entire life. But I feel such a commitment to this country’s security and its reputation.

How generous of John Brennan, arbiter of the Presidency, to give our elected President a year. That’s better than the Congressional Black Caucus, I guess, which boycotted his inauguration and gave him no time at all. The Constitution, however, gives an elected President four years.

Brennan’s comments have shown that he should never have been trusted with security clearance in the first place.

________________

Pointer: Res Ipsa Loquitur

Fake News Watch: “Truth Isn’t Truth”

/ Jack Marshall / 17 Comments

Okay, if “enemy of the people” is too strong, how about “incompetent and malicious professionals abusing the public trust by misleading and misinforming citizens for the purpose of destabilizing the government and undermining democracy”? How’s that? Better? But doesn’t such conduct make someone an enemy of the people? And it’s so much shorter!

I didn’t see the interview, but still knew immediately that Rudy Giuliani didn’t literally say and mean “Truth isn’t truth” as the news media was widely reporting yesterday. Rudy may have lost his edge, but he’s no idiot, and he is not going to fall into an “alternate facts” gaffe like Kellyanne Conway. If you didn’t know that with relative certainty, if you didn’t assume that the biased news media was intentionally trying to make Giuliani, and hence the Trump Administration, and thus Trump himself, inherently dishonest and ridiculous,  then you are gullible, dangerously ignorant of the complexity of language and the critical role of context, or stubbornly unwilling to accept what is res ipsa loquitur now, which is that journalism has become overwhelmingly partisan and cannot be trusted.

If one witnessed the interview with NBC’s Chuck Todd that produced the fake “gotcha!” and didn’t find that false representation outrageous, then one is simply a hopeless, principal-free “resistance” fanatic.

Here was the actual exchange: Continue reading →

The Pope’s Letter On Sexual Abuse

/ Jack Marshall / 19 Comments

Today Pope Francis released a letter responding to the horrific report on sexual assault involving 1,000 victims and 300 priests in the Roman Catholic Church in Pennsylvania, where I just happen to be speaking today.

I know we are talking about a religious organization, but it is still an organization, a large, wealthy, international one, and any CEO (or, if you like, Chairman of the Board) would have to issue a formal response to a scandal of this magnitude and these damning realities. There is no mystery about what such a statement has to include, if it is going to be ethical rather than defensive, sincere rather than deceitful:

1. This is unacceptable for our organization, or any organization, but especially for an organization like this one.

2. We apologize unequivocally and without qualification to the victims and their families, as well as all members and supporters of our organization who trust us and rely on us to do the right thing. We did not do the right thing. We are responsible for terrible things, things no organization should ever allow.

3. Our organization and its leadership are accountable for these acts.

4. I am personally and professionally accountable for every crime and betrayal of trust in this scandal that occurred on my watch, and there were many.

5. Therefore, I resign [OPTIONAL BUT RECOMMENDED.]

6. It is undeniable that this scandal, which is a continuation of an ongoing scandal reaching back decades if not centuries, is a byproduct of a corrupt and pathological culture within this organization. This culture must change.

7. Here are the steps the organization will take, immediately and going forward, to change it.

The entire letter is below. My ethics verdict: it is the Papal version of  Authentic Frontier Gibberish, a tsunami of words designed to blur the issues and accountability. Prayer and fasting? Gee, why didn’t we think of that before! The Boston scandal that blew the top off of the Church’s world-wide coverup was 17 years ago: I’m pretty sure there has been a lot or praying and fasting since then. Obviously, it doesn’t work, not on this, and it is insulting and demeaning for the Pope to fall back on such reflex nostrums. Some lowlights: Continue reading →

Morning Ethics Warm-Up, 8/20/2018: Racing The Battery Edition

/ Jack Marshall / 39 Comments

Good Morning!

Well, I found a Best Buy in Erie (above), so barring a new catastrophe, I should have a full charge this afternoon and can begin catching up. I am sorry about the inconvenience caused by this self-inflicted problem. I’m afraid to even look at the Ethics Alarms traffic: this August has already been historically bad in that respect. Thanks for your patience.

Fell free to write about any ethics issue that concerns and interests you here while my little netbook is charging, assuming it does. Right now I’m on fumes…

1. Does the New York Times have access to a legal ethicist? How about a competent lawyer? In this story, the Times suggests that the White House doesn’t know what the White House Counsel told Robert Mueller in November. That’s ridiculous, and, I submit, impossible.

By all accounts, Don McGahn, is a competent, experienced ethical lawyer, and like all competent, experienced ethical lawyers, he knows that it is his core duty, under Rule 1.4 of every set of legal ethics Rules in the nation, to…

(1) promptly inform the client of any decision or circumstance with respect to which the client’s informed consent, as defined in Rule 1.0(e), is required by these Rules;

(2) reasonably consult with the client about the means by which the client’s objectives are to be accomplished;

(3) keep the client reasonably informed about the status of the matter;

(4) promptly comply with reasonable requests for information; and

(5) consult with the client about any relevant limitation on the lawyer’s conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.

(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

A lawyer doesn’t have to be asked to do this; a lawyer can never use the dodge, “Why didn’t I tell you? You never asked?” with his client. It is true, as the various talking heads kept repeating yesterday, that President Trump is not McGahn’s client, the Presidency is. However, in terms of the duty of communications for a lawyer with McGahn’s job, that distinction is meaningless. I’ve been trying to come up with any kind of statement or revelation that a White House Counsel could give to a Special Counsel that he would not be obligated to immediately reveal to the President.

I could write for hours on this topic, and eventually I will. But the starting point is that the Times is misleading the public. Again.

2. Fake news from the religious right: a Fox News headline today was “Little Girl Kissed By The Pope Is Cancer Free.” This is deceitful nonsense, implying that the Pope healed the girl by the touch of his Holy Lips.  She was undergoing cancer treatment. Her family credits the doctors there with the “miracle.” The Pope himself has not claimed that she was healed by his touch. “Little Girl Who Cheers For Boston Red Sox Is Cancer Free” would be a similar headline. Continue reading →

Sunday Morning Ethics Warm-Up, 8/19/18: Operating Under A Disability

/ Jack Marshall / 5 Comments

Good Morning,

from Erie, Pennsylvania!

1. Handicapped. Unfortunately, my circumstances on this trip, which include a draining computer, hours of driving, the usual vicissitudes of travel but time two (my wife is with me), and multiple speaking responsibilities are going to influence my choice of topics. This is the blogging ethicist’s version of dealing with a disability, as I was discussing in yesterday’s seminar.

It is not unethical for a lawyer to continue to practice law while he or she has a drinking problem, or is developing dementia, or has the flu, but it iss unethical to do so while any of these maladies threaten to diminish the lawyer’s trustworthiness, diligence, zeal or competence. The professional has an ethical obligation to manage disabilities. In my case, several ethics issues that are in the news will require more concentration and analysis to handle well than I am able to muster right now, as I type with one eye on the battery charge and try to work in a hotel room with more than the usual distractions and interruptions. The participation of the White House Counsel in the Mueller investigation, for example, will just have to wait.

We are going to try to find a new power cord today. No, the hotel business center computers won’t do: there isn’t enough time to get even a single post up on them, among other impediments. Continue reading →

Should ESPN Air The NFL National Anthem Protests?

/ Jack Marshall / 24 Comments

ESPN will not show the national anthem during “Monday Night Football” broadcasts this year, Jimmy Pitaro, ESPN president, revealed. Asked by a reporter if he spoke to the NFL about the rule changes and the national anthem and if he would consider “turning the cameras on an athlete that’s kneeling for the anthem,” Pitaro replied, “We generally have not broadcasted the anthem and I don’t think there’s going to be any change this year. Our plan going into this year is to not broadcast the anthem.”

No, this isn’t an ethics quiz, It’s not because I know the answer. ESPN should be airing the anthem and the likely protests they will include, because of the likely protests they will include. That may surprise you, since Ethics Alarms has been unequivocal in its position that the players are paid to play on Sundays, not exploit games for half-baked and incoherent political statements, that they should be made to observe that distinction, and properly criticized and penalized when they do not. That, however, is a different ethics issue than whether a sports news organization that covers a football game is obligated to also cover news-worthy occurrences that happen during that game. It is. Pitaro’s policy is wrong.

He also pointed out that ESPN usually doesn’t broadcast the anthem. Neither do major league baseball broadcasts unless something or someone special is involved, for the same reason: they sell advertising time instead. Why should the TV audience be able to participate in a brief ritual to honor their nation (which was never that great, as Governor Cuomo reminded us) when there is  money to be made? I miss the anthem—my dad sometimes sang it, horribly off-key because he was tone deaf, right in our living room, drowning out Whitney Houston or the Marine Band as he did—but since it’s always the same music, the decision is defensible although I disagree with it. Continue reading →

Road Trip Ethics Round-Up, 8/18/18: Four Days Of Short Posts Ahead

/ Jack Marshall / 22 Comments

First post of a necessarily limited presence for four days…

Not only am I traveling around rural Pennsylvania on an ethics CLE road trip, I managed to leave with a non-functional power chord, so I’ll be stretching about 2 hours of battery charge over almost four days to try to keep up with the ethics eddies. I’m sorry. This was a running around packing, working, and trying to get on the road fiasco. Perhaps you’ve been there…

1. Overheard in the hotel parking lot just now: “Try not to be such a boy tonight.” This was a mother admonishing her 10-year-old son.

Nice.

Make sure your son thinks that his gender is a negative factor to be avoided.

I almost said something to her.

Should I have?

2. Later…I’m over my limit…

 

Morning Ethics Warm-Up, 8/17/18: Dead Singers, Honorable Magicians, Untrustworthy Ex-Employees, Volunteer Pitchers, And Little Horses

/ Jack Marshall / 71 Comments

Goooood Morning, Pennsylvania!

(That’s where I going for the next four days, on a rural Pennsylvania ethics CLE speaking tour!)

1. Aretha Franklin Ethics If I can say right now without question that I will never voluntarily listen to an Aretha Franklin record, does that make me a racist? Her death triggers the “recognition but not admiration” impulse I reserve for artists whose skill and importance to the culture I acknowledge and honor, but whose art I never enjoyed and won’t miss. ( Ella Fitzgerald, Peggy Lee, Barbra Streisand and Joni Mitchell are in the same category for me, restricting the list to pop female singers.) However…

  • It certainly is incompetent for Fox News to mix up Aretha and Patti Labelle, walking right into the “all black folks look the same to them” canard.
  • Since the news media/resistance collective has decreed that anything the President does of says is proof of a depraved soul, we had this yesterday: a White House press pool member for Buzzfeed told another reporter—she didn’t even tweet it!— that the President’s reaction to Franklin’s death was that he”Described her as a person he knew well and who worked for him.” This became more proof that President Trump is a racist: his immediate reaction to the death of a black woman was to think of her as a subordinate.

Will the sane and fair members of the public, which I assume is, if not a majority, a large group, ever turn on such people? A. The statement was hearsay, and not even a quote. B. Franklin did work for him, signing a contract to sing at at a Trump casino. C. What does “knew well” even mean in this context? He didn’t say that he knew her personally, or that they were pals, though who knows? I know her well too: she’s that famous soul singer I couldn’t stand listening to.

2. A spontaneous outburst of integrity...from the unlikely source of professional magician/loudmouth Penn Jillette. Jillette is an asshole, an assessment that I doubt he would dispute himself, but when the vocally-progressive entertainer (aren’t they all?) was asked in a recent Vulture interview to weigh in on Omarosa’s claims about the kind of language Donald Trump used behind closed doors, he responded,

“If Donald Trump had not become president, I would tell you all the stories. But the stakes are now high and I am an unreliable narrator. What I do, as much as anything, is I’m a storyteller. And storytellers are liars. So I can emotionally tell you things that happened racially, sexually, and that showed stupidity and lack of compassion when I was in the room with Donald Trump and I guarantee you that I will get details wrong. I would not feel comfortable talking about what I felt I saw in that room….

I will tell you things, but I will very conscientiously not give you quotations because I believe that would be morally wrong. I’m not trying to protect myself. This really is a moral thing.”

Good for Penn. He’s also a very creative and entertaining magician, as is his mute sidekick, Teller. Continue reading →

Comment Of The Day: “Sunday Ethics Reflections, 8/12/2018: Division And Divisiveness”

/ Jack Marshall / 36 Comments

Yes, but you have to understand the context…

Well, that was embarrassing. The following epic comment on divisiveness was stuck on the tarmac for a few days, and then I compounded the indignity by quoting a lesser pundit on the same topic in the previous post. If it’s any consolation, Jonah Goldberg gets more web traffic than I do, too. There is no justice.

Here is Chris Marschner’s excellent Comment of the Day on “Sunday Ethics Reflections, 8/12/2018: Division And Divisiveness: 

“Keep being intentionally divisive, and eventually you’ll get division.”

No truer words were ever spoken.

On the anniversary weekend of the incident in Charlottesville the media hammered home the point that I am not worthy to live in their civil ideal society. Why do I interpret their coverage this way you may ask? Perhaps it is because I reject the notion that any person’s opinion should be silenced and I stand with those that reject the proposition that select populations should have the ropes of past injustice be perpetually hung around the necks of those that have neither the personal history, desire nor ability to economically discriminate or oppress anyone. I have no problem with refutations of opinions – I would encourage them – but my tolerance for those that suggest that only they have the right to determine what is good and proper is waning; especially in light that those people often cast wide nets in their sanctimony; which is no different than the behaviors of others they claim results in their oppression.

Why would many marginalize me for my belief that I simply do not believe that because one gender or race is in greater or fewer numbers relative to their overall population than another in a given population it is prima facie evidence of discrimination and bias. For if I did, I would have to believe that males are discriminated against in teaching positions within the primary and secondary grades, in most health occupations today, and within the administrative support positions in many public and private institutions. I would also have to believe that white sports team owners discriminate against whites because they are under-represented on most teams with the exception of perhaps hockey and soccer. Numbers in any occupation are a function of human choices and capabilities. Even if one feels fully capable of running a fortune 500 firm as the CEO, one’s choice is the primary gatekeeper because if one never applies to reach that goal then only those that do stand a chance.

Bias is only ever seen in others and not in themselves.

No group sees bias when deriving benefits of bias as a group. For example, women see no bias when they are treated as superior care-givers and thus courts favor them more frequently in child custody cases. No one sees the abject bias in the violence against women act. Why is that? What makes an assault on a woman worse than an assault on anyone for that matter? I might be able to see different charges based on differential physical stature but not on gender. Why not a violence against the frail and weaker act? I see no outcry from women and minorities when most of the SBA programs favor women and minorities even though the data show that they are creating more new businesses than their white male counterparts for almost the last twenty years. There are no special programs to increase male enrollment in post secondary education even when their numbers are being outpaced by female enrollment and graduations. No one is running to change the selective service rules that create lifetime bars to federal employment, education grants and other federal benefits for failure to register for the draft by age 26 even though women fought for the right to be in forward combat so that promotional opportunities can be afforded to them. Commerce department data show that women control 60 percent of the wealth in the U.S. and 80% of all Consumer spending. One can see the evidence of this in the thematic content in most mass media advertisements. Each of us sees bias through our own lens. Therefore, if a group of white men protest what they think is bias against them that is their right. We can reject or accept their arguments based on the facts presented. When we begin to go down the path of silencing critics we find objectionable we will lose the right to petition for redress of grievances.

Is there any wonder why a growing number of white males may feel less sympathetic to advancing the current notions of progressive policies when the noose of a legacy perpetrated by others is believed to be unfairly tightened around their necks today; which brings me back to Charlottesville. Continue reading →