Month: November 2019

End-Of-Week Ethics Inventory, 11/24/19: Really, Really Bad Mood Edition

/ Jack Marshall / 44 Comments

Worst…Ethics Alarms…Week…Ever!

Or so it seems, anyway. Have people already started ignoring life for Thanksgiving? Or am I being punished for not being able to squeeze enough posts out while driving, flying, typing in crowds and moving in and out of various abodes while trying to work? To make it worse, there was a lot going on that required some time and solitude to research and analyze, and I just didn’t have it. I also managed to make myself sick. Tuesday and Wednesday had the worst non-holiday mid-week traffic of 2019, and Saturday had the lowest number of visits for that day in three years.

Well, as Andy Kinkaid, my late, cynic-philosopher college roommate, a ruined Vietnam veteran,  used to respond several times each day to every argument, disappointment, tragedy, catastrophe, and piece of bad news as he smiled and retreated to his darkened room to get stoned, “Fuck it, right?“

1. Apparently there is a copyright battle over the obnoxious catch-phrase “OK, Boomer!,” the viral dismissive insult being hurled at Baby Boomers who dare to question the wisdom, passion, and hive-mind beliefs of Gen. Z-ers and Millenials. It looks like all such efforts to “own” the phrase are doomed, because it has rapidly become so ubiquitous as a put-down so quickly that nobody can prove it originated with them.

Has it occurred to any of the smug little snots brushing aside their elders that this is nothing but a personal ad hominem attack without substance, no more fair or valid, and just as rude and bigoted, as “Shut up, bitch,” “Go home to your mother, Pee-Wee,” or “Get a job, Pedro”? As a Baby Boomer, I think we ought to agree on a standard retort to “OK, Boomer” of equal substance and wit, and I hereby nominate “Keep flailing, Dumb-Ass!”

2. Speaking of Millennials, a New York Times social columnist informs me that they have decreed that on-line the term “OK” or “Okay” is now considered rude, and the proper term is “k-k,” which sound to me like a Klan chapter short of members, or someone with a stutter. Just because you want to create ugly and pointless new conventions to metaphorically mark your cyber-territory doesn’t mean I have to assent.

And no, I never have and never will use LOL or LMAO. They’ll have to shoot me first. Continue reading →

#MeToo Ethics: No, Complimenting Someone’s Appearance Isn’t Sexual Harrassment

/ Jack Marshall / 11 Comments

(Though it can be.)

The Economist surveyed five different countries, asking respondents what kind of  conduct they viewed as sexual harassment.

Some examples (such as requesting a sexual favor) were obviously inappropriate, and were classified as such across all countries. Asked if a compliment on a woman’s appearance  could be classified as sexual harassment,  U.S. were a different matter. roughly a third of those under 30 in the U.S. answered, “Yes.”

Here’s the survey….

Thus we see how #MeToo propaganda has succeeded in convincing a large proportion of Americans that the simple act of engaging in the long-standing, traditional  social balm of being nice should be avoided and even punished. For them, an innocent compliment must be regarded with suspicion. Since whether an arguable sexually inspired comment  makes the recipient “uncomfortable” and is therefore “unwelcome” is the necessary predicate to a sexual harassment complaint and law suit. Continue reading →

Not Protesters, Just A Mob

/ Jack Marshall / 14 Comments

Giving a mob the dignity and legitimacy of referring to them as “protesters” just encourages them. A prime example occurred two days ago in New Haven, at the traditional Harvard-Yale game, the culmination of the Ivy League college football season. Personally, I wouldn’t have crossed the street to attend the 136th edition of “The Game,” though I witnessed the most famous of the them all, 1968’s 29-29 tie. Nonetheless, what a bunch of climate-addled demonstrators inflicted on a large group of students and alumni just trying to have a good time enjoying football, traditions, nostalgia and camaraderie  should not be romanticized. The “protesters” are arrogant, disrespectful and anti-democratic jerks. Boola-Boola.

A large mob of Yale Bowl spectators rushed the field at halftime, demanding that Harvard and Yale divest themselves of investments in fossil fuel and energy companies, delaying the start of the second half by nearly an hour, and causing the game to finish in near-darkness. Students from both schools, who didn’t care who they hurt or inconvenienced, rushed to midfield as soon the Yale band finished performing. ( At least they could have done it while the Yale band was performing…)The contest resumed after the Yale police issued 42 summonses for disorderly conduct. But the wasted hour threatened game’s finish:  the Yale Bowl lacks stadium lights, and the game went to double overtime. Yale won just before it became too dark to play.

The Ivy League referred to the protest as “regrettable.” and Yale said that while it “stands firmly for the right to free expression,” it added that “the exercise of free expression on campus is subject to general conditions, and we do not allow disruption of university events.”

So will Yale suspend or expel any of the mob? Of course not.

Protesters that set out to get attention by disrupting the lives of law-abiding citizens engaged in innocent activities are low-level terrorists. They aim to bypass democracy by creating implicit threats, hoping that their adversaries will surrender to just shut them up and avoid the annoyance. Continue reading →

Ethics Warm-Up, 11/23/2019: Sitting Around In Airports Edition

/ Jack Marshall / 15 Comments

Personally, I’d prefer the Baby Shark Dance.

I have been in the Las Vegas airport for more than an hour now, and the only music continuously playing has been Wayne Newton, circa 1965. You know, “Red Roses for a Blue Lady,” and “Danke Schoen.” No wonder Millennials think we’re lame.

Las Vegas is depressing. Everywhere you go, there are lonely, aging, shabbily-dressed people sitting around looking lost, or chain smoking while they roboticly lose their money at garishly flashing gambling machines. It occured to me that the same addiction processes might be at work here as hwatever causes people today to stare at their smart phones rather than interact with the people around them. I saw a lot of that in Vegas too.

Today is my wedding anniversary, and I’m spending most of it in airplanes and airports. We chose November 23, changing the date by one day, because I didn’t want our anniversary to coincide with JFK’s assassination. ( Then my father, perverse as always, chose to die on my birthday…). Yesterday I had dinner with seven lively, intelligent people ranging in age from 25 to 45, and asked them if they knew the significance of the date, November 22.  None did.

1. What IS this? The band Coldplay made news yesterday when it announced that it would no longer tour because of climate change. Presumably they are trying to avoid the hypocrite label being affixed to celebrity climate hysterics whose carbon footprint is approximately that of whole towns, as they jet around the world to tell everyone that they are doomed. Or were they just sick of touring, which is, I say mid-ethics tour, no fun after the novelty wears off, and wanted virtue points through grandstanding? This we do know: whether Coldplay tours or just hangs out in recording studios will have no impact on climate change whatsoever. I assume they know that.

2. Virginia counties are discussing becoming “gun sanctuaries,“ in anticipation of the Democrat majority legislature and governor enacting gun-hostile legislation. Whether it is guns or illegal aliens, this is a dangerous and unethical trend. States, cities and counties must not be able to just defy the law. There needs to be a set of legal penalties established for this conduct.

3. More from the Old Dominion State! Historical airbrushing and statue-toppling continues in Charlottesville, which proved that it’s not just Robert E. Lee and Confederate generals that it wants erased from history. The City Council voted to remove a statue depicting Meriwether Lewis, William Clark and Sacagawea, their Shoshone interpreter, because the latter isn’t represented in a posture that activists approve of. Continue reading →

Morning Ethics Warm-Up In Vegas, Afternoon Warm-Up In Alexandria, 11/22/2019

/ Jack Marshall / 6 Comments

Walter Cronkite, Nov. 22, 1963, relaying the shocking news that changed…everything.

Good whatever it is where you are!

1. President Kennedy was assassinated on this date in 1963. He had been President exactly as long as Donald Trump has, and by most measures, President Trump has accomplished more,despite the fact that JFK really did have “the best people.” You might have to go back to George Washington to find a more qualified Cabinet.  By this point in his term, JFK, we now know, had already committed impeachable “high crimes and misdemeanors” notably through his reckless sexual escapades with an Israeli spy and a mob moll, allowing J. Edgar Hoover (speaking of Deep State villains) to blackmail his administration, and perhaps others. Yet the vast majority of the public regards Kennedy as a great President, which shows what a pretty face, an inspiring speaking style, a complicit news media, and getting shot will do for a President’s reputation.

I’d ponder what this nation would be like if Lee Harvey Oswald had missed that beautiful day in Dallas, but that way madness lies, as King Lear like to say.

2.  How many botches can Joe Biden’s campaign take?  The Biden campaign sent out an email about Joe’s performance in the Democratic debate several hours before ithe debate had started. “Did I make you proud?” it began. (I can’t imagine another typical stumble-fest from Biden would make anyone proud, but never mind)

“I’m leaving the fifth Democratic debate now,” It continued. “I hope I made you proud out there and I hope I made it clear to the world why our campaign is so important.”

I wrote about something like this during the 2012 debates, when USA Today published an analysis by a conservative and a liberal pundit over the previous night’s Obama-Romney debate that was obviously written before the debate took place. These things are lies. What should the public take away from learning about them? They should learn that the people involved will deceive them even when they don’t have to.

“You might have just gotten an email from Joe about just getting off of the debate stage,” the rapidly deployed statement from the embarrassed campaign said.  “That’s our bad, team. We know Joe is going to make us proud tonight. We were just so excited for it that we accidentally hit send too soon,” they added.

Huh? If the message was written before the debate but pretended that it was written after the debate, it is a lie regardless of when it is sent. Continue reading →

Comment Of The Day: “Yes, It’s Open Forum Time Again!,” And Reflections On The State of Our Democracy, Part 2

/ Jack Marshall / 28 Comments

Part I, and Michael R’s Comment of the Day, are here.

The embedded government bureaucracy has always been recognized as a necessary evil, because the pre-Civil Service system of cleaning house after every election was inefficient and an invitation to cronyism. It cannot be denied, however, that partisan biases and loyalties within the “Deep State” create other serious problems, including individuals taking it upon themselves to undermine and  sabotage policies they disagree with.  Usually the phenomenon is subtle and not routine, but the partisan hysteria weaponized it against Trump, with anti-Trump government employees with influence and power felt more justified in betraying the President than ever before. Prime among this group has been the judiciary, the intelligence community, the State Department, and the diplomatic corps.

Seduced by a partisan narrative, spread daily by the mainstream media, that an illegitimate President who was elected by racists and morons was poised to destroy the country, and maybe the world, because of his greed, stupidity–and insanity!–once unthinkable levels of disloyalty and active opposition to a President by those paid to support the leader chosen by the people were not only justified, but necessary. This attitude quickly metastasized into a coup mentality. This too is routinely derided as a Fox News talking point, but denial only works for so long. In this case, time is almost up.

I finally concluded, early in 2017, that Trump’s election showed that our democracy works and remains vital. The nation was being dragged into a new culture which was violently contrary to core American principles and values that have made the nation what it was, in great part because of the Left’s ideological  capture  of American institutions, notably education, the legal profession, journalism, and the political elites. Somehow, in the inexplicable wisdom of crowd, the ignorant, confused, misinformed and emotion-driven U.S  public found a way to say “Enough!” in the most startling, obnoxious, disruptive way imaginable.

Lincoln was proven right. You can’t fool all the people all the time. Continue reading →

Comment Of The Day: “Yes, It’s Open Forum Time Again!,” And Reflections On The State of Our Democracy, Part 1

/ Jack Marshall / 7 Comments

The discussion on the Open Forum this week, unmoderated, was remarkably effective in covering important topics in my absence that I would have been writing about had I not been caught in a conflict of duties. Among them: the impeachment hearings; Chic-Fil-A capitulating to public bullying; Bob Barr’s speech; the President’s pardon of several officers convicted by military courts, and several others, including the AFP news service botch of using Obama era figures to condemn Trump’s illegal immigration policies.

Excellent job, everybody. Thank you.

This may not be the only COTD to come from that Open Forum, but long-time contributor Michael R. hit on several points that I would have written about, and have before. It is important to keep the context of and motives underlying the Trump Impeachment Ethics Train Wreck before us, even if it involves returning again and again to a repulsive topic, and repeating the factors that make the 2016 Post Election Ethics Train Wreck the threat to the nation’s comity, security, viability and continued success that it has become.

I’ll be back at the end, but for now, here’s Michael R.’s Comment of the Day:

The election of Trump shows that elections of Republicans can be democratic. The treatment of Trump seems to show that elections don’t matter. The people can elect anyone they want, but if they elect the wrong person, the government will make sure that mistake is rectified. It looks like we have a Lt. Colonel who decided he didn’t like the President’s foreign policy and started impeachment proceedings against him. We have 5,6,7…I don’t know how many head FBI executives who fabricated evidence, lied, and leaked classified information, and investigated every facet of the President’s life to try to remove the President. We have how many Justice Department and State Department officials who have willfully obstructed the President’s orders if not blatantly tried to have him removed from office. The bureaucracy even raided the office of the President’s personal attorney and leaked files they seized.

How many Federal Judges have cancelled his executive orders merely because they don’t agree with them? How many federal judges have ruled that the President can’t cancel an executive order if the judges disagree with the decision? How many judges ruled that it is OK to spy on a Presidential campaign as long as they don’t like that candidate?

Democracy may not be dead, but it isn’t very healthy. I have begun to see lots of posts along the lines of “What do we do when elections stop working. What do we do when we can’t change things no matter who we elect?” Looking at the last 3 years, how many people need to be removed from the government before elections matter? 2000? 3000? 10,000? 100,000? Maybe have a poll…

I’m back. Continue reading →

Observations On The Latest Democratic Candidate’s Debate

/ Jack Marshall / 20 Comments

1. The futile, meandering, preaching to the choir debate this week, played against the backdrop of the Democratic Party’s disastrous impeachment hearings, should have made the purpose of the latter clear as crystal for anyone not in denial.

The hearings, like Mueller’s unprofessional and unethical statements after his report was submitted, are designed to “soften” up the President and wound him before the campaign, so he can be bested by one of the stunningly weak options the party has gathered for itself.

This is a misuse of the impeachment process, and was devised as one long, long ago. Thus Rep. Al Green admitted last week that impeaching Trump has been his long-time quest. And Atty. General Barr, to his great credit, made the soft coup plot explicit in his recent speech, saying,

“Unfortunately through the past few years we have seen these conflicts take on an entirely new character. Immediately after President Trump won election, opponents inaugurated what they called ‘The Resistance’ and they rallied around an explicit strategy of using every tool and maneuver to sabotage the functioning of the executive branch and his administration. The fact of the matter is: that in waging a scorched earth, no holds-barred war of resistance against this administration, it is the left that is engaged in the systemic shredding of norms and undermining the rule of law. . .

“This is a very dangerous and indeed incendiary notion to import into the politics of a Democratic republic. The fact is, that, yes, while the president has certainly thrown out the traditional beltway playbook and punctilio, he was upfront about what he was going to do and the people decided that he was going to serve as president.”

The discussion of Barr’s speech (and Prof. Turley’s misguided criticism of it) in the Open Forum was excellent. Had I been get to a keyboard, Barr would have received an Ethical Quote Of The Week honor. He articulated exactly what Ethics Alarms identified as the undemocratic process under way since the first “Not My President!” protests, when the “Resistance” disgraced their ideology and our history. Barr didn’t mention it, but Hillary Clinton has explicitly said that she considered herself a member of “the resistance.” The defeated opponent of a legally elected President of the United States has allied herself with a movement to erase the results of the election that defeated her by any means possible—and now so has her party.

And may I say, the FOOLS. You can’t trust polls, but the indications are that, as expected by the non-Trump deranged, the impeachment charade has hardened support for the President and public resentment of Democrats.

The transcript is here.

2. Also in the Fools category: continuing to have a mob on stage for a “debate.” Twelve is far too many people to have a useful or coherent debate, or even whatever these things are.

3. MSNBC talking heads should not be permitted to moderate these things. The bias was so thick you could hardly see the stage. The moderators carefully set out not to ask  questions that would make the candidates have to thread any policy needles. Where were questions about whether teachers and professors should be dismissed for using “the N-word” to discuss “the N-word”? What is the position of these candidates on censoring speech?

Why weren’t the candidates asked to explain why the large number of children detained “in cages” by the Obama administration, as revealed again when Obama’s 2015 statistics were falsely publicized this week as Trump administration counts,  didn’t trigger any outrage at all in their party, and now its mentioned as groundz for impeachment? Why weren’t they asked to explain what their solution is be to  waves of children being used as sympathy-drawing pawns by illegal immigrants?

How about, “Beto O’Rourke recently withdrew from the race. He had received criticism for openly admitting that he favored gun confiscation. What is your position on gun confiscation, especially in light of the recent news that New Zealand’s efforts have fallen far short of what the nation expected?”

Instead, we got Rachel Maddow asking Elizabeth Warren  if she  would she try to convince other Senators to convict President Trump in a Senate impeachment trial.

Indeed, the whole night was disproportionately devoted to Trump-bashing, as if this would distinguish any candidate from another.

4. As Joe Biden appears more and more of a liability, doesn’t the claim that President Trump was only seeking an investigation of the ex-VP to eliminate a feared rival for his office look like more and more of a contrivance? Why wouldn’t Trump want to run against this boob?

Defending his record with black voters during the debate, Joe Biden called Sen. Carol Moseley Braun the “only” black female Senator (she was the first), and invoked her name like being endorsed by Braun is a badge of honor. Braun was clumsily corrupt; only the fact that Bill Clinton was pulling the strings of the Justice Department stopped her from being indicted.  A 1993 Federal Election Commission investigation found that she never accounted for  $249,000 in campaign funds. The IRS twice requested that the the Justice Department investigate her further, but it refused. After all, you couldn’t have the “first black President” turning on the first black woman Senator. Continue reading →

Post Road Trip Ethics De-Brief, 11/20/2019, AND Morning Warm-Up, 11/21/2019

/ Jack Marshall / 30 Comments

Bvuh.

Thinking is a chore right now, never mind typing.

We returned from a triumphant two-Darrow ethics program New Jersey tour, highlighted by the intense Darrow oratory performed by actor/legal instructor Paul Morella. This does a cynical ethics CLE presenter’s heart good: finding myself short of time, I asked the assembled NJ Bar members to vote on whether Paul should omit Darrow’s famous Leopold and Loeb closing argument, or Darrow’s own desperate plea for an acquittal when he faced a jury considering his own guilt of jury tampering in the 1911 MacNamara case. The group almost unanimously voted that we complete both closings, with my ethics commentary as well, bringing the program to an end almost a half hour later than scheduled. Nobody left, and believe me, in most CLE seminars, the lawyers seldom stay one second longer than they have to.

Brought a tear to my eye…

No rest in sight, though: tomorrow, I take an early flight to team up with rock guitar whiz and singer Mike Messer in Las Vegas for Ethics Rock Extreme. And I’m punchy now...

1. Well, maybe the NFL is learning…News item: The Miami Dolphins released already suspended running back Mark Walton on Tuesday, hours after he was arrested on charges of punching his pregnant girlfriend multiple times in the head. Walton had been serving a four-game suspension because of  three arrests before the season started. He was sentenced in August to six months’ probation after pleading no contest to a misdemeanor weapons charge.

Now let’s see if the Patriots sign him…

2. Just a quick impeachment hearings note: It is astounding to me that witnesses are being called by the Democrats to testify regarding their opinions on a President’s phone call to a foreign leader. Big black headlines shout that witnesses called a phone call “inappropriate.” Who cares? The President has the authority to decide what is “appropriate,” and there are no impeachment articles in the Constitution designating “acting inappropriately” according to someone else’s opinion as a “high crime and misdemeanor.”  Leaders become leaders because they do thinks that others think are “inappropriate.”

Don’t get get me  started on presidential actions through the centuries that experts, government veterans and other critics at the time thought were “inappropriate,” or worse.

I started compiling a list of what I would consider genuinely impeachable actions by past Presidents The list makes the current impeachment push look even more contrived than it already is.

3. I see that the group that surreptitiously filmed Planned Parenthood staff discussing abortions was hit with over 2 million dollars in damages. Good. Continue reading →

Why Do We Pay Any Attention To These People And What They Think At All?

/ Jack Marshall / 3 Comments

Wait. what’s the matter with non-traditional casting?

Hollywood continues to presume to tell the public what their priorities and values should be, despite indisputable evidence that the entertainment industry is large run by narrow, venal, intellectually limited, under-educated people, and always has been. My now-deceased friend Bob McElwaine, who was born in Hollywood as the son of a silent film producer, was baby-sat by Clara Bow and played pick-up football games against Mickey Rooney as a child, had wonderful anecdotes about his time as a writer and  publicity agent during Hollywood’s Golden Era. He often would relate these jaw-dropping tales without attribution out of loyalty and his vows of confidentiality—it was his refusal to go public with these stories that led to his memoirs being rejected by publishers. They wanted dirt, and Bob refused to spread dirt or even embarrassing anecdotes about those who had trusted him, even after the clients and employers were dead.

Bob said that he witnessed this conversation in one studio executives ‘s office while trying to stifle giggles. A producer burst in full of excitement saying he had an idea for a blockbuster film. This was during the Fifties, when biblical spectaculars were the rage. “The Lord’s Prayer!” he said. “I know just the scriptwriter for it! Can you imagine the box office?” The studio chief laughed out loud. “The Lord’s Prayer! That’s ridiculous!” he chided. “Why, I bet you don’t even know The Lord’s Prayer.” Continue reading →