Month: May 2019

Ethics Dunces: “More Than 370 Former Federal Prosecutors”

/ Jack Marshall / 24 Comments

It’s time to add former federal prosecutors to the nauseatingly long list of professionals and professions who have violated basic ethical principles out of uncontrolled animus towards President Trump.

From the Washington Post:

“More than 370 former federal prosecutors who worked in Republican and Democratic administrations have signed on to a statement asserting special counsel Robert S. Mueller III’s findings would have produced obstruction charges against President Trump — if not for the office he held.

The statement — signed by myriad former career government employees as well as high-profile political appointees — offers a rebuttal to Attorney General William P. Barr’s determination that the evidence Mueller uncovered was “not sufficient” to establish that Trump committed a crime.

Mueller had declined to say one way or the other whether Trump should have been charged, citing a Justice Department legal opinion that sitting presidents cannot be indicted, as well as concerns about the fairness of accusing someone for whom there can be no court proceeding.

“Each of us believes that the conduct of President Trump described in Special Counsel Robert Mueller’s report would, in the case of any other person not covered by the Office of Legal Counsel policy against indicting a sitting President, result in multiple felony charges for obstruction of justice,” the former federal prosecutors wrote.

“We emphasize that these are not matters of close professional judgment,” they added. “Of course, there are potential defenses or arguments that could be raised in response to an indictment of the nature we describe here. . . . But, to look at these facts and say that a prosecutor could not probably sustain a conviction for obstruction of justice — the standard set out in Principles of Federal Prosecution — runs counter to logic and our experience.”

…It was posted online Monday afternoon.

This isn’t even a close call. Professionals don’t do this if they have any respect for their profession, whatever it is. Continue reading →

Morning Ethics Warm-Up, 5/6/2019: Rosenstein, Barr, Green, And “Oklahoma!”

/ Jack Marshall / 56 Comments

Good morning!

Let’s make this an ethical week…

1 As we watch the desperate vilification of Attorney General Barr by Democrats…it is helpful to consider a recent speech by the now departed second in command at Justice, the ridiculously conflicted Rod Rosenstein. He said in part,

Rampant speculation here in D.C. is that Democrats are terrified that Barr’s promise of investigations of the Hillary Clinton inquiry and the process whereby the Trump campaign was surveilled will reveal serious misconduct in the Obama Administration.  This is, of course, mocked as a conspiracy theory by the people who just had their own conspiracy theory exploded. Here’s the usually reliable Kimberly Strassel in the Wall Street Journal (behind a paywall—sorry).

…Mr. Barr made real news in that Senate hearing, and while the press didn’t notice, Democrats did. The attorney general said he’d already assigned people at the Justice Department to assist his investigation of the origins of the Trump-Russia probe. He said his review would be far-reaching—that he was obtaining details from congressional investigations, from the ongoing probe by the department’s inspector general, Michael Horowitz, and even from Mr. Mueller’s work. Mr. Barr said the investigation wouldn’t focus only on the fall 2016 justifications for secret surveillance warrants against Trump team members but would go back months earlier.

He also said he’d focus on the infamous “dossier” concocted by opposition-research firm Fusion GPS and British former spy Christopher Steele, on which the FBI relied so heavily in its probe. Mr. Barr acknowledged his concern that the dossier itself could be Russian disinformation, a possibility he described as not “entirely speculative.” He also revealed that the department has “multiple criminal leak investigations under way” into the disclosure of classified details about the Trump-Russia investigation.

Do not underestimate how many powerful people in Washington have something to lose from Mr. Barr’s probe. Among them: Former and current leaders of the law-enforcement and intelligence communities. The Democratic Party pooh-bahs who paid a foreign national (Mr. Steele) to collect information from Russians and deliver it to the FBI. The government officials who misused their positions to target a presidential campaign. The leakers. The media. More than reputations are at risk. Revelations could lead to lawsuits, formal disciplinary actions, lost jobs, even criminal prosecution.

Quick! Let’s impeach Barr! Continue reading →

Althouse Ethics

/ Jack Marshall / 14 Comments

Blogger Ann Althouse, who doesn’t write an ethics blog but does a good job flagging ethics issues and outrages, had an unusually ethics-centered day of blogging. Here are brief comments from me on four of her posts, which you should read. I had two of these in my queue, and I’m grateful to Ann for saving me some time I desperately need,

Ann notes how, in the Post comments to the article, which has nothing to do with Donald Trump, some people cannot help using the topic to attack the President, as she writes, “Trump Derangement Syndrome, symptom #1: When things aren’t at all about Trump, you visualize violence against him and get off on your vision.”

This is, in a nutshell, what Facebook is like, every day. I could spend all my time writing, “Do you listen to yourself? You’re completely consumed by blind hate of the President of the United States. Get help. You’re embarrassing yourself, and making  society divided and ugly. You, and everyone like you. Not him. YOU. “

This is why Democrats are deluding themselves if they think poor Joe is a viable candidate. They can’t possibly attack President Trump for being dumb, inattentive, incompetent, old or mentally unfit with Biden making gaffes like this—or worse—almost daily, and he will make them almost daily, Continue reading →

Comment Of The Day: “Boy, The GOP Really, Really Likes Census Scams!”

/ Jack Marshall / 11 Comments

In this Comment of the Day, Chris Marschner expresses more sympathy for the frauds, scammers and bait-and-switch artists of the world, and less sympathy for the scammed, than I have. He is right, I think, that by the time someone fooled by fundraising letters masquerading as something else actually send in a donation they have figured things out. It doesn’t matter. The scam is fooling people into opening the letter.  And donors are indeed fools to willingly give money to any organization or entity that show such disrespect by using deceptive tactics.

Chris writes that people should read envelopes and mailers carefully. Sure they should, but reality is that they don’t. They also don’t read the small print in contracts, or users agreements on smart phones and social media sites. Human beings are wired to be trusting, not to assume that everyone is trying to pull something over on them. That’s a good thing. Society is based on trust. And little by little, in almost imperceptible ways, manipulative, unethical people and organizations erode that trust.

Here is Chris Marschner’s Comment of the Day on the post, “Boy, The GOP Really, Really Likes Census Scams!”:

I understand why people see this as sleazy but to say people sent money in because they were duped is unsupported. All one has to do is read the questions and see it it is pro- fill in the party. You can (should – provided you were not born yesterday) assume there will be an appeal for a donation.

Let me be very clear. Congress passed a law with a hole in it a 777 could fly through. I thought the lawyers that write the text of these laws are trained in writing. All that law needed to say is that the word census cannot be visible to tbe recipient prior to opening. Or, if you don’t want any misunderstanding simply say the word census may not be used anywhere in the mailing.

I get these types of fundraising letters from a variety of groups; police, firefighers, veterans etc. All appeal to some authority to compel action. Continue reading →

Sunday Ethics Reflections, 5/5/2019: Whew! Barely Got Three Items In Before My Head Exploded…

/ Jack Marshall / 29 Comments

 

I’m writing this bleary-eyed, in large part because our 15-year-old Jack Russell Terrier chose 3 am  to demand that we play what we call “The Bisky Game” –I don’t know what he calls it—a diversion of his own invention that involves tossing or nosing a dog biscuit at the nearest human, barking sharply two to four times, and demanding that the treat be flipped back to him, whereupon he will reject it by growling, barking, and tossing it back, until some mysterious force tells him that the game is over, whereupon he eats the damn thing. Usually this takes between five and ten tosses, but last night Rugby went for a record, and rejected his biscuit at least 15 times. Finally he ate it, licked my arm for about five minutes–a pre-bedtime tradition— and  went to sleep.  I did not.

1.  Live by bigotry, die by bigotry. “Captain Marvel” star Brie Larson, who got her big break in part because Marvel decided to turn a traditionally male superhero into a female, has pandered to social justice warriors and progressive bigotry in just about every way possible.  During the promotion of the hit film,  she said wanted more people of color to review her films, not white men. [ The ethical position would be to want competent reviewers to review the film, recognizing the competence is color-blind.) She that she doesn’t care what old white men thought of films that weren’t made for  them. She has said that we need more gay superheroes. Funny: as long as I’m being rescued and the world is being saved, I don’t care what the color, gender or sexual orientation of my hero is. How old white man of me.

Now, taking the grandstanding, virtue-signaling actress at her word—almost always an unwise thing to do when dealing with performers, someone has launched a  petition demanding,  “We need Brie Larson to step down from her role to prove she is an ally of social justice and ensure a gay woman of color plays the role.”

As of this writing, the petition currently has nearly tripled  its 3,000 signature goal. Good. Heck, I might sign it . Everyone should be required to abide by their publicly proclaimed principles, though such a rule would mean that Joe Biden would vanish from the face of the Earth. [Pointer: RedState ]

2. From the Ethics Alarms “Denial” and ” What is this ‘Accountability’ thing of which you speak?” files: professors Ethan Porter of George Washington University and Thomas J. Wood of Ohio State University have determined that when comedian Jon Stewart departed “The Daily Show,” its ratings fell, and this, they say, “spurred a 1.1% increase in Trump’s county-level vote share.” This from what passes today for a scholarly  paper, “Did Jon Stewart Elect Donald Trump? Evidence From Television Ratings Data” published in the journal Electoral Studies.

Kyle Smith of “The National Review” points out what should be obvious about this junk science… Continue reading →

Ethical Quote Of The Month: Will Middlebrooks

/ Jack Marshall / 7 Comments

“Don’t take one thing for granted. Not a single thing. Because when it’s gone it’s gone. Love and enjoy your teammates. You’re surrounded by some of the best players in the world and guess what, you’re one of them kid! Believe in your abilities day in and day out and never, ever let off the gas. Play this game like you know someone is coming for your job and today could be the last time you ever put on a big league uniform.”

—Former Boston Red Sox rookie sensation Will Middlebrooks, now retired, giving advice to current Red Sox rookie sensation Michael Chavis through an interview with Boston radio station WEEI’s Rob Bradford.

Although Middlebrooks’ sage advice was given in the context of playing Major League Baseball, it applies equally well to all passions, pursuits, opportunities, privileges, jobs, pleasures, honors, relationships, and  professions, as well as love, youth, and life in general. It is the present day Will Middlebrooks telling his younger self what he wishes he had understood before it was too late. Continue reading →

Dead Ethics Alarms+Blackface+Social Media+Spineless School Administrators= One Hopeless Ethics Train Wreck

/ Jack Marshall / 32 Comments

Constant reader/commenter/master provocateur Michael Ejercito flagged this story for us, and it had already garnered some interesting commentary before I spotted it.  Michael has a distinct style here and is always asking questions that are the equivalent of firecrackers thrown into a wake. He’s one the longest-enduring participants here, and I haven’t let him know sufficiently how much I appreciate what he contributes.Thanks, Michael.

This is a hopeless ethics train wreck at this point, screwed up beyond all repair. I will note the points at which it all could have been avoided, but really, as it is now, it can only get worse. The thing unfolded like contemporary Shakespeare tragedy, in five acts.

ACT I: In Illinois, photos and video  posted to Snapchat, showed a group of white males wearing blackface pulling up to a fast food drive-thru and making denigrating comments about African-American girls. One of the boys is wearing a sweatshirt from Homewood-Flossmoor High School, where all of them were students.

Morons with dead ethics alarms. No high school student in the United States should be unaware that such a prank/stunt/ unbelievably stupid act and self-publishing the evidence of it is almost—but not quite!—the equivalent of maliciously shouting fire in a crowded theater, and thus deliberately tempting others to react emotionally and destructively. I know, teenage boys are too close to sociopaths for comfort, but conduct  like this indicts their parents, their teachers, and the community, as well as them.

Just to be clear, the reason why this is not quite like shouting fire in a crowded theater is that doing that is deliberately inciting a riot, and thus not legal and protected speech. Blackface is offensive speech, but still legal.

ACT II: A former student of the school re-posted the content to her Facebook page, thus ensuring as much damage as possible.  Over a thousand students and others now knew about the blackface episode, and so did the school district.

This is like someone hearing someone whisper fire in a crowded theater when there is no fire, and then shouting what was whispered to maximize the damage. If the student wanted to alert school officials, then she should have done this responsibly and quietly. Doing what she did was intentionally creating an online mob and inciting as much anger and irrationality as possible. The student was virtue-signaling, while magnifying  the harm done by the original jerks. That is malicious.

ACT III: District 233 superintendent Von Mansfield and Homewood-Flossmoor High School principal Jerry Anderson sent out a letter to parents denouncing the “highly offensive and culturally insensitive” posts, saying,

“The social media postings that were seen and heard were not representative of the high expectations we have for all students that attend our school.This type of behavior is contrary to our expectations, is being addressed quickly and appropriately and will not be tolerated.”

What students do and post to social media off campus and unrelated to school personnel and activities is none of the school’s business. They have no obligation to comment on it or disclaim it.  Let me repeat that: What students do and post to social media off campus and unrelated to school personnel and activities is none of the school’s business. Just because school activists, social justice warriors, busy-bodies, victim-mongers and trouble makers want to start shaking their fists and screaming at clouds over what someone else does, student or not doesn’t mean that the school should take the bait. Wearing blackface is 100% legal, in fact, it is Constitutionally protected. So is saying mean things about black girls, Asian girls, white girls, or Martian girls. The letter from the administrators made a tricky problem worse, and that’s not the moronic boys’ fault, nor the trouble-making ex-student’s fault. It’s their fault. They are supposed to be adults, and more competent, responsible, and reasonable than this.

[No, I do not think the fact that one of the students was wearing a school T-shirt made this a school-related act. If one of the students was wearing a Union Jack T-shirt, I would not assume that Great Britain was behind the episode.]

ACT IV: In an effort to urge administrators to take harsh discipline against the students in the blackface episode, nearly 1,000 of the uninvolved students participated in a walkout,  “chanting their demands for justice.” I assume this means that hackneyed “No justice, no peace” chant that I have come to loathe as much as “Hey, hey, LBJ, how many kids did you kill today?”Students don’t get to dictate discipline to administrators. That is known as “letting the inmates running the asylum.” Every one of the students participating in the protest should have been suspended. The parties responsible for students acting like this are the dim-witted and unethical educators who have allowed and even encouraged student holidays to protest gun control and climate policies. Protesting is not part of high school; it isn’t even a valid component of college.

ACT V: The president and vice president of the district’s board of education reacted by sending  out a letter following the walkout, where they condemned the blackfaced students’ conduct  and praising the “speedy response” from Homewood-Flossmoor administrators, which allegedly includes an investigation. The administrators have no right to investigate legal actions engaged in outside of school not involving other students. The parents of the students should tell the school to back off, and hire some tough lawyers to make the point as vividly as possible. “Our children misbehaved, and this is our job, not yours. You worry about education in the school, we’ll worry about how our kids act out of it.”

The letter read,

“The District 233 Board of Education will be revisiting and moving forward with the diversity and inclusion aspects of our new strategic plan, as they relate to cultural awareness and cultural competency training. Homewood-Flossmoor High School will continue to stand against racism, and against insensitive and disrespectful behavior of any kind, and will take the appropriate and necessary actions to ensure that all students are respected, that our differences are embraced and that our unity is celebrated.”

Oh, ugh, yechh, blechh. More posturing and virtue-signaling out of abject cowardice. “Cultural awareness and cultural competency training” sounds like, and almost certainly will be, political indoctrination. I’d like to see 1000 students walk out over that. You can’t dictate that “all students are respected,” and wearing blackface off school grounds isn’t a show of disrespect for students, since it didn’t involve students other than the jerks in blackface. Nor can students be compelled to embrace differences or to celebrate unity, especially when there is only one kind of unity that Big Brother School District will allow to be celebrated, and because you can’t encourage “differences” while demanding unity.

My review of the play? Everybody involved screwed up, acted without considering consequences or proper boundaries. At this point, this mess can not be fixed. If my son was one of the idiots who wore blackface, I would consider,

  • My own protest to the school and the school district, as well as a law suit for demonizing and endangering my son based on his non-school related conduct.
  • Meeting with every administrator involved and explaining in great detail why they are incompetent fools unqualified to train goats, much less educate children.
  • Taking my son out of the school, and either hone schooling him or shipping him off to military school.
  • Making him regret the day he donned blackface for the rest of his youth, telling him that such privileges as driving, having an email account, using social media or having a cell phone would cease until he was living elsewhere and over 18.

Good job, everybody!

Breaking Ethics News! Ethics Heroes: The Churchill Downs Stewards

/ Jack Marshall / 25 Comments

The New York Times reports:

The speedy Maximum Security, the only undefeated horse in the field, appeared to win the 145th Kentucky Derby at rain-soaked Churchill Downs to keep his streak intact, but an objection lodged by what appeared to be the second- and third-place finishers (Country House at 65-1 and Code of Honor at 14-1) led to his disqualification. After a tense objection period that lasted several minutes, after the apparent winning connections had already been interviewed on live television, the stewards made the nearly impossible decision to disqualify Maximum Security.

During the long waiting period, NBC sports commentators and other noted that in a normal race, and not the most famous and prestigious horse race in the sport, the winner would be disqualified over such a clear foul. But, they cautioned, no Deby winner in the hisrory of the race had ever lost after a foul claim, and—I thought this was ominous–the stewards knew it was important that the “best horse wins.” Maximum Security was by consensus the best horse in the field, but rules are rules.

Integrity won the Kentucky Derby this year.

Crosswalk Ethics

/ Jack Marshall / 30 Comments

I was waiting at red light in Alexandria, on the way home from a brief acting coach gig for a friend.  On one side of street, preparing to cross, was a striking African-American couple, the women in a formfitting orange and white pattern dress, he in an open white blazer and slacks, highlighted by a pocket hanky that matched the orange in the woman’s dress.

When the “Walk” light finally flashed on, they crossed in front of my car, and as they passed, I rolled down my window and called out, “Best dressed couple I have seen all say!” and saluted.

They beamed. They waved. They shouted, in unison, “Thank you!” and walked on, laughing. I think I may have made their day.

And I thought, I really need to be on the look-out for opportunities like that. This is the way to combat the metastasizing nastiness, incivility and distrust in our culture. Be nice. Reach out. Socialize. Try to make meeting you a positive experience, no matter how brief or trivial.  It takes almost no time at all. It’s not hard. All it requires is committing to making the people around you as happy as possible.

I also had two thoughts. One: if they had been talking on their smart phones, texting or otherwise not interacting with the world around them, I wouldn’t have said anything at all.

Two: I wish I had been wearing a MAGA cap.

Saturday Ethics Warm-Up, 5/4/2019: No Trump, No “Resistance.” Enjoy!

/ Jack Marshall / 9 Comments

Good Morning!

This song, the only “hit” (kind of) by “The Carpenters” sung by Karen’s brother Richard, matches my conflicted mood today. Richard’s teasing and criticism played a part in killing his sister, who possessed one of the most wonderful voices of any popular female vocalist in U.S. history, but who was doomed by anorexia. I am also both perplexed and amused that someone with a lisp would choose a song that repeats “Saturday” as his break-out solo. I wonder if Karen teased him about that?

1.  More on high-testosterone competitors in women’s sports. As I recently wrote here, I am floating in an uncharted sea of uncertainty on this issue, especially regarding Caster Semenya, the intersex South African track star. I do know, however, that I applaud her defiance of the recent court order dictating that she will have to take testosterone-lowing medication if she wants to compete. After a race this week, which she won, as usual, Semenya was asked if she would take the drug. Her answer:  “Hell no.”

Athletic organizations are treading through a mine field here. If they regard taking performance enhancing drugs as cheating, as they should, demanding that certain competitors with natural physical and genetic advantages should take performance-handicapping drugs seems like a double standard.

2. Stop making me defend Woody Allen! I have been unable to watch an Allen movie, even old favorites like “Bananas,” “What’s Up. Tiger Lilly?,” and “Annie Hall,” without gagging since the comic/director cheated on Mia Farrow with her adopted teen-aged daughter, to whom he was a virtual father, and then married her. Thus I have watched none of his films at all. I didn’t need to make a judgment about his daughter’s claims that he sexually molested her, which Allen denies, and since I have no more evidence than the she said/he said (and my certainty that Allen is a certifiable creep), I can’t. However, once Dylan Farrow and her vengeful mother Mia renewed their accusations against Allen while #MeToo was raging,  virtually all of Hollywood turned on Woody, even actors who had worked with him well after Dylan first made her claims. What changed? Nothing, really, except that now they are afraid of social media retribution, so they are pretending to be horrified at what didn’t bother them previously and assuming Woody’s guilt because “believe all women” is the “woke” place to be.

Well, Woody is a creature of Hollywood: this is unethical and unfair, but as Hymen Roth would tell him, “This is the life you have chosen.” Translation: if you voluntarily spend your career in (and benefiting from, and contributing too) an ethically warped culture, don’t expect a lot of sympathy when it turns on you.

This is more troubling: apparently Woody has a completed manuscript of his memoirs, which would have once sparked a publishers auction and an eventual multi-million dollar advance. Now, however, no publisher will pay a cent for it, because “while he remains a significant cultural figure, the commercial risks of releasing a memoir by him were too daunting.”

That means that the publishers are afraid of boycotts. How courageous. Allen is a significant cultural figure as well as a talented humorist. His memoirs have cultural importance, and they belong in the historical record, loathsome as find the man. Easily as loathsome are William Jefferson Clinton and his wife, yet both of them managed to score 7 figure book advances for memoirs they didn’t even write themselves.

Essentially what is happening to Woody is human statue-toppling. He is being erased from the culture despite never having been charged with or tried for a crime (unlike Bill Cosby and O.J. Simpson) because it is a sign of virtue among sufficient numbers of people with social media access to assume he is guilty. The boycott and progressive bully culture is a direct threat to basic freedoms. I’d regain some respect for Woody Allen if he would say so. Continue reading →