Yes, it appears that the freshman New York House member bids fair to become the Babe Ruth of Ethics Dunces, blowing away the previous record-holder for Ethics Dunce designations, Bill Clinton, and all other contenders. This is her second Ethics Dunce in a single day, something no other public figure has ever accomplished. Her first is here.
On December 22, the media darling issued successive tweets, signaling her virtue,
Next time we have a gov shutdown, Congressional salaries should be furloughed as well. It’s completely unacceptable that members of Congress can force a government shutdown on partisan lines & then have Congressional salaries exempt from that decision….(Spoiler alert: most members of Congress are already wealthy!) Speaking as a working class member-elect, I think it’s only fair. It would also cause members who actually depend on their salary to think twice about leadership and take a shutdown vote more seriously.
Five N.Y. members of Congress are giving up their salaries until the government re-opens: U.S. Rep. Adriano Espaillat (D-NY-13); U.S. Rep. Sean Patrick Maloney (D-NY-18); U.S. Rep. Max Rose (D-NY-11), who will donate any pay during the time; U.S. Rep. Lee Zeldin (R-NY-01); and U.S. Rep. Elise Stefanik (R-NY-21). So has U.S. Rep. Dr. Mark Green (R-TN), who sent a letter U.S. House of Representative’s Chief Administrative Officer, Philip Kiko, requesting his salary be suspended until a deal is reached and the partial government shutdown ends, as The Tennessee Starreported. Green voted to fund the border wall.Ocasio-Cortez? She has not refused her paycheck. The New York Post reported on Thursday that Oscasio-Cortez ran away when asked about her salary: Continue reading →
[Here’s a Warm-Up warm-up that has nothing to do with ethics. In “Ben-Hur,” which I watched again last week, Charlton Heston’s character is know by three completely different names. One, of course, is Judah Ben-Hur. What are the other two?]
1. Virtue signaling and pandering are both inadequate to describe this. If only it were a joke—but it appears to be proof of institutional brain rot. The British army is reaching out to “selfie addicts,” “snowflakes,” “me me me millennials”—remember, I’m not making this up!—“class clowns”, “binge gamers”,and “phone zombies” celebrating the alleged virtues these juvenile behaviors demonstrate, such as self-belief, spirit, drive, focus, compassion and confidence. Here are two examples of the new posters:
I anticipate a whole bushel of these awards in the next two years, since the young, callow, naive and broadly ignorant “new face of the Democratic Party” possesses the unfortunate combination of a non-stop mouth, poor education, certitude of her own brilliance, a seal-clapping rookery of blindly fawning supporters who swoon at any of her doctrinaire pronouncements, and a Mainstream media that hasn’t yet figured out that publishing her every word is doing Ocasio-Cortez no favors.
This example could stand as a template for an Ethics Dunce- mandating performance. Showing that she has the back of her equally cocky and clueless colleague, freshman Congress woman Michigan Rep. Rashida Tlaib, lately infamous for gleefully crowing, “We’re going to impeach the motherfucker!” to a “resistance” crowd after she was sworn in, Ocasio-Cortez tweeted,
“Republican hypocrisy at its finest: saying that Trump admitting to sexual assault on tape is just ‘locker room talk,’ but scandalizing themselves into faux-outrage when my sis says a curse word in a bar. GOP lost entitlement to policing women’s behavior a long time ago. Next.”
This is both unethical and cretinous. Let us count the ways: Continue reading →
1. Once again: this should be illegal, because it is unconscionable. Recently re-elected Rep. Don Marean, a multiple term Maine state legislator from York County, announced that he was leaving the Republican Party to become an Independent. In a Friday text message last week, he said that “out of respect” for House Republicans he would not comment on the resaon for his decision and would let it “speak for itself.”
It does speak for itself; it tells us that Marean is an unscrupulous, liar who gained election to office fraudulently. Elected officials who betray voters this way have an ethical obligation to resign from office and run again under the party affiliation they will stick to.
2. Keep it up! Please! The freshman Democratic House members, in a single day, managed to strip away the mask of the Democratic Party and expose more of the ugliness beneath than the party veterans deemed wise. Senator Kyrsten Sinema (D-Ariz.) refused to be sworn in with her hand on the traditional Bible, and insisted that a law book be used for the purpose instead. She is a member of the party that has been questioning whether Catholics are fit to be federal judges, and the message that one party is openly hostile to religion is becoming clearer and clearer. The Bible is a moral/ethical document, and accepting it for the purpose of a binding oath should not be a problem for anyone unless they are trying to make a point. Using a law book is no more appropriate or meaningful than using a Harry Potter novel: oaths are declarations of duty, honesty and integrity, not law. Continue reading →
Asked if she considers herself Mr. Trump’s equal, she replied, “The Constitution does.”
The mainstream media, invested in defending and bolstering Pelosi, are already spinning the exchange to mean merely that Pelosi considers women the equal of men, and that the Constitution obviously (now) embodies that principle. However, that would have been a question and answer neither worth asking or answering. The question was whether Pelosi, as Speaker, felt that she was the equal of the President in power and Constitutional authority, and she replied in the affirmative to cheers from the “resistance.” Here’s Scott Dworkin, for example, frequent MSNBC contributor and co-founder of the Democratic Coalition on Twitter:
“The Constitution considers me equal to Trump.” Speaker Nancy Pelosi. Damn straight. Trump is not the boss of Congress, no matter what Trump’s lapdogs Ryan & McConnell made it look like. Speaker Pelosi reminds us how the pathetic GOP is owned by Trump. Weak & useless pushovers.
Down, boy! Someone get Scott some Prozac. As for Nancy, someone get her a high school civics textbook. Continue reading →
Turner Movie Classics ran “The Caine Mutiny” again last night. It reminded me of what I wrote two years ago, when I really didn’t think that the “resistance” and the Democrats would continue on the destructive path they have for this long. I even wrote, foolishly, “This is the last time I’m going to try to explain why the fair, patriotic, ethical and rational approach to the impending Presidency of Donald Trump is to be supportive of the office and the individual until his actual performance in the job earns just criticism. Attempting to undermine a Presidency at its outset is a self-destructive act, for nobody benefits if a Presidency fails.” Of course, it was far from the last time I returned to the topic. In my defense, how could I know, at a point where the term “the resistance” hadn’t even surfaced yet, that the unparalleled assault on a President would not only continue, but escalate to the point where a newly minted Congresswoman would announce to a cheering mob, “We’re going to impeach the motherfucker!”?
Watching the movie, however, was striking. I know it well; I can recite many of the dialogues from memory. Yet the parallel with the Trump Presidency struck me stronger than ever before, and sent me back to that previous post, in which I wrote,
In The Caine Mutiny, a film version of the stage drama and novel “The Caine Mutiny Court Martial,” Captain Queeg (Humphrey Bogart), a man whose war-shattered nerves and self-esteem problems have rendered him an erratic and an unpopular officer, falters in his command during a storm. His officers, frightened and already convinced that their captain is unfit for command, mutiny. At their military trial, their defense attorney causes Queeg to have a breakdown on the witness stand, winning the case for the accused mutineers. Later, however, at the post trial victory party, the lawyer, Barney Greenwald (Jose Ferrer), shames his clients. He represented them zealously, but he tells them that they were, in fact, at fault for what occurred on the Caine:
Ensign Keith: Queeg endangered the lives of the men.
Greenwald: He didn’t endanger any lives.You did. A fine bunch of officers.
Lt. Paynter: You said yourself he cracked.
Greenwald: I’m glad you brought that up, Mr. Paynter, because that’s a very pretty point. I left out one detail in court. It wouldn’t have helped our case. Tell me, Steve, after the yellow-stain business, Queeg came to you for help, and you turned him down, didn’t you.
Lt. Maryk: Yes, we did.
Greenwald: You didn’t approve of his conduct as an officer. He wasn’t worthy of your loyalty. So you turned on him. You ragged on him, you made up songs about him. If you’d given Queeg the loyalty he needed, do you think all this would have come up in the typhoon? You’re an honest man, Steve, I’m asking you. You think it would have been necessary to take over?
Maryk: It probably wouldn’t have been necessary.
Keith: If that’s true, we were guilty.
Greenwald: Ahhh, You’re learning, Willie! You don’t work with the captain because of how he parts his hair…you work with him because he’s got the job, or you’re no good.
Exactly.
Or you’re no good.
Donald Trump is in over his head. He knows it, I think. Maybe, just maybe, with a lot of help, a lot of support and more than a lot of luck, he might be able to do a decent job for his country and the public. It’s a long-shot, but what’s the alternative? Making sure that he fails? Making him feel paranoid, and angry, and feeding his worst inclinations so he’s guaranteed to behave irrationally and irresponsibly? How is that in anyone’s best interest? That’s not how to get someone through a challenge, especially someone who you have to depend on.
At least a dozen Pennsylvania murder convictions may be reversed because Judge Renee Cardwell Hughes included this description of reasonable doubt to instruct her juries:
“Each one of you has someone in your life who’s absolutely precious to you. If you were told by your precious one’s physician that they had a life-threatening condition and that the only known protocol or the best protocol for that condition was an experimental surgery, you’re very likely going to ask for a second opinion. You may even ask for a third opinion. You’re probably going to research the condition, research the protocol. What’s the surgery about? How does it work? You’re going to do everything you can to get as much information as you can. You’re going to call everybody you know in medicine: What do you know? What have you heard? Tell me where to go. But at some point the question will be called. If you go forward, it’s not because you have moved beyond all doubt. There are no guarantees. If you go forward, it is because you have moved beyond all reasonable doubt.”
U.S. District Judge Gerald McHugh ordered a new trial for a man convicted following this instruction, and Hughes may have used it in 50 cases.
This is why I am making this an ethics quiz: I have no idea why the instruction is wrong, or confusing. I’ve read McHugh’s opinion, and I still don’t understand what the alleged problem is, unless this judge just doesn’t want to anyone convicted. (He’s an Obama appointment, but I’m sure that has nothing to do with anything, for Chief Justice Roberts tells us so). The decision is here, and this the judge’s reasoning: Continue reading →
Sounds noble in theory, but it doesn’t always work when the one saying “no” is a judge.
Lawyers and the public mean different things when they call a lawsuit “frivolous.” The public and the news media mean that the suit is silly, desperate, based on a crazy theory or unlikely to succeed. Lawyers, however, know that suits that seem silly, desperate, based on a crazy theory or unlikely to succeed sometimes win. Sometimes, they even change the law for the better. ABA Rule 3.1 explains,
Rule 3.1: Meritorious Claims & Contentions
A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law….
Comment:The filing of an action or defense or similar action taken for a client is not frivolous merely because the facts have not first been fully substantiated or because the lawyer expects to develop vital evidence only by discovery. What is required of lawyers, however, is that they inform themselves about the facts of their clients’ cases and the applicable law and determine that they can make good faith arguments in support of their clients’ positions. Such action is not frivolous even though the lawyer believes that the client’s position ultimately will not prevail. The action is frivolous, however, if the lawyer is unable either to make a good faith argument on the merits of the action taken or to support the action taken by a good faith argument for an extension, modification or reversal of existing law.
The guy currently suing me for defamation, for example, hasn’t quite crossed the “frivolous” line, though he is arguing that what is clearly opinion is an assertion of fact, contrary to all existing jurisprudence. His appeal, however, while batty, does make an argument that I assume in in good faith, that a Supreme Court case supports his definition of libel. It doesn’t, but he has the right to make an argument in the hope that some judge or appellate panel will agree. Of course, he is also not a lawyer, so he can’t be held responsible for violating legal ethics.
There is now rampant speculation that the twin prime-age free agents who have the so-called Hot Stove League in palpitations—the two are outfielder Bryce Harper (L) and shortstop Manny Machado (R), both 26, burgeoning superstars, and, in the estimation of many including me, assholes—will not sign contracts until February. I find this difficult to believe, since it would be jaw-droppingly stupid (and unethical), but I hope hope hope that it happens, because the ethics lessons the consequences might teach couldl be momentous.
Both young men are reportedly seeking contracts in the range of ten years at 30+ million dollars a year. Both have player agents who are telling them such exorbitant goals are reasonable. Machado has already made about 34 million dollars in his still-brief Major League career. Harper had made almost 48 million. Both are in a position in which they could pick out the city and team they want to live in and play with, and say to their agents, “This is where I want to be. Make the best deal you can, and make it happen.” That is what a rational person would do, and indeed, that is what some players, not players with the potential earning power of these two but ones with more brains than Harper and Machado have between them, have done, though rarely.
It is important to note that unless these guys have developed an addiction to eating diamonds or something similarly extravagant, they don’t need to work another day in their lives now. What is their motivation to be paid more than a third of a billion dollars over the next decade, other than having avaricious, unethical agents steering them in that direction? Ego? Insanity? Stupidity? Harper or Machado could call up any one of the 30 MLB teams, ask, “What can you pay me for the next five years?” and have a contract for at least $100,000,000 dollars within 25 hours. How much different will their lives be with those “low-ball” contracts than if they received the longer, richer ones they covet? Not different at all, and quite possibly better. Continue reading →
1. Looking for biased but reliable progressive news aggregators! I have a long secret list of story sources, but my online leftist news aggregator supply is drying up. That’s where I can find the stories that reflect badly on the Right but that the conservative news sources choose to ignore. The key problem is “reliable.” Sites like Raw Story, ThinkProgress, the Huffington Post and the Daily Kos have all violated Ethics Alarms standards of basic honesty, fairness and trustworthiness—much like Breitbart, Red State and the Gateway Pundit, none of which I will read or cite unless directed to a particular post, from the other side of the spectrum. The Daily Beast was long my favorite online leftist source, but now it requires a subscription, and I’m certainly not going to pay for biased analysis—beyond what I already get from the Washington Post and New York Times.
Memeorandum remains the most balanced and non-partisan online news aggregator, by far.
2. Retire, Pat. It isn’t just Democrats like Nancy Pelosi and Diane Feinstein who try to hold on to power long after their advancing age makes it unethical to do so. The GOP has its irresponsible geezers too. Today Sen. Pat Roberts (R-Ks) will announce whether he plans to end his political career or run for another term in 2020, which would take him to his 90th year if he survived it. The man is 82: he should not have run for his current term.
Of course, it doesn’t help that 85-year-old Justice Ruth Bader Ginsberg is providing an unethical role model for all elected officials and judges by ostentatiously refusing to retire and obviously resolving to leave the Supreme Court feet first.
3. Slapping down Big Brother in Oregon.U.S. Magistrate Judge Stacie F. Beckerman issued a permanent injunction against the Oregon Board of Examiners for Engineering and Land Surveying that tried to fine Mats Järlström, who has a degree in engineering and years of experience in the field, $500 for describing himself as “an engineer.”
The judge ruled that this was a violation of the First Amendment, which it clearly was. This wasn’t a case where the First Amendment right to lie came into play, because Järlström wasn’t lying. He was fined for going on television to talk about public policy issues while describing himself as an “electronics engineer” and writing the phrase “I am an engineer” in a letter. The Oregon State Board of Examiners for Engineering and Land Surveying claimed he was practicing engineering without a license.
As government regulations proliferate without end, they inevitably strangle individual liberty, expression and enterprise. Continue reading →
Ethics Alarms 