Month: May 2020

Maybe You CAN Fool All Of The People—80% Anyway: The Andrew Cuomo Anomaly

/ Jack Marshall / 18 Comments

New York Governor Andrew Cuomo really does have “blood on his hands,” but thanks to the news media coverage, the public doesn’t seem to care.

In March, Cuomo, already overseeing the state that is the one U.S. local where the Wuhan virus could then be accurately described as out-of-control, adopted the policy of forcing nursing homes to take in elderly residents who were infected.

The edict horrified  many medical authorities.  Health experts warned  this was a formula for disaster because such facilities didn’t have the ability to properly quarantine the infected. “This approach will introduce the highly contagious virus into more nursing homes. There will be more hospitalizations for nursing home residents who need ventilator care and ultimately, a higher number of deaths. Issuing such an order is a mistake and there is a better solution,” American Health Care Association President and CEO Mark Parkinson protested in March after Cuomo’s order went into effect.

Richard Mollot, executive director of the New York’s Long Term Care Community Coalition, said that the policy “put many people in grave danger.” Professor David Grabowski at Harvard Medical School, whose field is public health, was aghast, telling NBC,  “Nursing homes are working so hard to keep the virus out, and now we’re going to be introducing new COVID-positive patients?”

Yes, that was the  plan, but it is difficult to fathom why anyone would think it was a good idea. A lot wasn’t and still isn’t understood about the virus, but one thing that has been known all year is that it is especially deadly for the elderly and people with compromised immune systems.

‘Hey, let’s put all those discharged old people who we know are infected into cramped, confined nursing homes where trying to quarantine anyone is hard and where we already know dubious management and care is rampant!’

‘BRILLIANT!’ Continue reading →

When Ethics Alarms Don’t Ring, Schools Don’t Teach And Brain Cells Die From Under-Use: The San Antonio City Council

/ Jack Marshall / 22 Comments

The city of San Antonio has passed a resolution outlawing words associated with the coronavirus that it deems to be racist or xenophobic.

The resolution states: “The City of San Antonio denounces antisemitism, anti-Asian bigotry, and all hateful speech, violent action and the spread of misinformation related to COVID-19 that casts blame, promotes racism or discrimination or harms the City of San Antonio Asian and Pacific Islander, Jewish, immigrant or other communities.”

According to reporter Jaie Avila, Councilman Jack Finger was speaking against the resolution when his mic was cut off. Well, that figures, right? One form of censorship is as good as another. Continue reading →

Prelude To “The Pandemic Creates A Classic And Difficult Ethics Conflict, But The Resolution Is Clear, Part II”

/ Jack Marshall / 36 Comments

No, I am not satisfied with the current draft of Part II, but I trust it’s obvious what the resolution referred to is. The lock-down has to end, and before vaccines, cures, or adequate medicine are available. One of the components of my research has been reading as many of the pro and con articles as I can stand. It is quite striking: the arguments for continuing the lockdown indefinitely are almost entirely authored by progressives, and are without exception characterized by bad logic, emotionalism, manipulated facts, biased analysis, fearmongering, and suspect motives. The majority of the arguments for opening up the economy soon are markedly more logical, unemotional, and based on sound statistics and analysis. Certainly one cannot choose between two options based on the quality of the advocates for each. Nonetheless, the divide is striking.

Ann Althouse chose such an essay today to critique, “Whose Freedom Counts?/Anti-lockdown protesters are twisting the idea of liberty” by Dahlia Lithwick, who has periodically been discussed here, the first time in 2010. It is e fair to say that her mind and mine run in different metaphorical riverbeds, not that there’s anything wrong with that. Lithwick’s article endorses yet another one of the  same ilk, Ibram X. Kendi’s  current piece in The Atlantic called “We’re Still Living and Dying in the Slaveholders’ Republic/The pandemic has brought the latest battle in the long American war over communal well-being.”

Ann makes short work of both, writing,

Aha! We see what you’re doing! What a distraction! But I suppose that because slavery was invoked, I’m expected to listen without protest while Kendi’s solemn, censorious lecture is promoted by an over-excited Lithwick. I resist. Sorry. I do hear what you’re saying, and I see how well it works to justify depriving us of all freedom. There’s never enough freedom from all the things in the world that might hurt us if we’re not kept in eternal lockdown.

Excellent. Althouse is a liberal, much as she tries to hide it, but she is not an aspiring totalitarian, like such a large swath of the current mutated progressives and Democrats. Her last sentence echoes two of my favorite quotes, “In order to have enough liberty, it is necessary to have too much,”  (Clarence Darrow), and “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety,” (Benjamin Franklin).

I have another screed to deconstruct: a New York Times editorial  by Charlie Warzel titled “Open States, Lots of Guns. America Is Paying a Heavy Price for Freedom,” or in my print edition, “Will We Get Used To The Dying?” I’ll let you read it first without my comments, here. That’s only fair.

***

Done? Maybe you don’t even need this: eviscerating Warzel ‘s analysis shouldn’t be too hard. Rebutting most of these essays isn’t hard.

Away we go…

The coronavirus scenario I can’t stop thinking about is the one where we simply get used to all the dying. I first saw it on Twitter. “Someone poke holes in this scenario,” a tweet from Eric Nelson, the editorial director of Broadside Books, read. “We keep losing 1,000 to 2,000 a day to coronavirus. People get used to it. We get less vigilant as it very slowly spreads. By December we’re close to normal, but still losing 1,500 a day, and as we tick past 300,000 dead, most people aren’t concerned.”

How old is Warzel, 15? We accept the mortality of modern life, just as our ancestors accepted the mortality of their own periods. That tweet is simply making sinister the adjustments that human beings have to make to get on with civilization. To that, it adds scaremongering, and Warzel joins in the virtue-signalling. Anyone who isn’t willing to keep the lockdown in force indefinitely isn’t concerned.

That’s crap. I’m concerned: both my wife and I are in the high-risk category; so is my sister; so are most of our extended family. I do not advocate the destruction of American society for my own self interest, that’s all. That’s how members of a community and democracy are supposed to feel.

This hit me like a ton of bricks because of just how plausible it seemed. The day I read Mr. Nelson’s tweet, 1,723 Americans were reported to have died from the virus. And yet their collective passing was hardly mourned. After all, how to distinguish those souls from the 2,097 who perished the day before or the 1,558 who died the day after?

People die every day, and from predictable causes, many of them a direct result of our way of life and societal choices. The Times has been running a feature showing selected photographs of recently succumbed victims of the Wuhan virus with a biographical sketch. I have wondered each time I see it: why are these people more worthy of ostentatious memorials in the Times than anyone who has died in the same period? The answer is, they aren’t. This is part of the news media’s effort to build anxiety and hysteria, which will be weaponized for political purposes. Hardly mourned? Every American is supposed to mourn everyone who dies every day? We mourn our loved ones. I am still mourning Dennis Nollette, a former law school roommate who was among the best human beings I have ever had the honor of knowing.  He was carried off by the epidemic within a few days. That’s plenty for me right now. I’m not becoming callous because the deaths of strangers don’t hit me as hard as the death of a cherished friend.

Furthermore, it is not “plausible” that the pandemic will continue forever; pandemics don’t. And indeed, if they did, it would be an irrefutable reason to open up now.

Such loss of life is hard to comprehend when it’s not happening in front of your own two eyes. Add to it that humans are adaptable creatures, no matter how nightmarish the scenario, and it seems understandable that our outrage would dull over time. Unsure how — or perhaps unable — to process tragedy at scale, we get used to it.

Talk about complaining about an unchangeable feature of human life, sanity,  and reality! But that kind of lament is irresponsible progressiveness in a nutshell.

There’s also a national precedent for Mr. Nelson’s hypothetical: America’s response to gun violence and school shootings.

Here we go, down the rabbit hole.

We often talk here about incompetent analogies. This is a lulu. It is embarrassing that the New York Times would consider such a contrived and illogical argument to be published as an editorial—embarrassing, and signature significance.

You should skim the next part; I know my eyes glazed over. It’s standard CNN/Don Lemon/ David Hogg propaganda and emotionalism.

As a country, we seem resigned to preventable firearm deaths. Each year, 36,000 Americans are killed by guns — roughly 100 per day, most from suicide, according to data from the Giffords Law Center. Similarly, the Everytown for Gun Safety Support Fund calculates that there have been 583 “incidents of gunfire” on school grounds since 2013. In the first eight months of 2019, there were at least 38 mass shootings, The Times reported. Last August, 53 Americans died in mass shootings — at work, at bars, while shopping with their children. Some of these tragedies make national headlines; many don’t. The bigger school shootings and hate-crime massacres can ignite genuine moral outrage and revive familiar debates: over safe storage practices, gun show loopholes, red flag laws, bump stocks, comprehensive background checks, stringent licensing systems and, of course, the accessibility of endlessly customizable semiautomatic weapons like AR-15s. In every case, the death tolls climb but we fail to act. There are occasional marches and protests but mostly we continue on with our lives.

Yes, we are monsters for understanding the importance of the rights of self-defense and bearing arms to a functioning democracy. In reality, while there are usually, in hindsight, ways that any single abuse of firearms could have been prevented, gun deaths are not preventable as long as there are guns, law abiding citizens have access to them, and a police state doesn’t abuse its power to make us “safe.”

Notice that Warzel’s gun-virus analogy breaks down immediately. There is no societal value to pandemics. There is no right to get fatally ill. There are no Constitutional amendments preventing the government from eliminating a disease. Continue reading →

Ethics Warm-Up, V-E Day 75th Anniversary Edition

/ Jack Marshall / 56 Comments

To my father and all the rest…

Thank-you for saving the world.

1. About that Eva Murry story. The last we heard from Eva Murry, she was telling the story of how creepy Joe Biden complimented her on the size of her breasts 12 years ago, when she was 14. Ethics Alarms noted at the time that the woman’s detailed account had no effect on the credibility of Tara Reade’s allegations one way or the other, since we already knew Biden was creepy.  However,earlier this week Fox News reported : 

A past organizer for Delaware’s First State Gridiron Dinner now says Joe Biden did not attend the event in 2008, after a woman recently claimed the former vice president and senator sexually harassed her there, Fox News has learned….

Local news reports from the time said Biden was having sinus surgery earlier that week — to address issues including a deviated septum — and was scheduled to be out of work for the whole week.

At the time, his spokeswoman said that she “anticipates that he’ll be out for the remainder of the week recovering at his home in Wilmington,” according to a report in the News Journal at the time.

Murry’s aunt, Christine O’Donnell (of “I am not a witch” fame) says she remembers Murry talking about the event at the time, and  stood by her viece’s accusation, telling Fox,

“Yes, it could have been another year. So what? She was a teenager when I ran for office. It doesn’t make it okay. It happened when I was running for office against him. If it was 2007, that makes it even worse.”

But it couldn’t have been in 2007 either, because records place him in Iowa that evening.

All anyone can figure out is that young Murry ran into a different creep that she thought was Biden, though that seems unlikely too. What’s going on here? Why would the woman subject herself to national scrutiny and embarrassment by telling her story in such detail when it wasn’t true?

Since the new evidence came to light, she has been notably silent. That’s not right; she made an accusation against Biden, and needs to follow up with either an explanation or an apology. Continue reading →

End Of Day Ethics Reflections, 5/7/2020: Obama! Klobuchar! Flynn! Fake Winston Churchill!

/ Jack Marshall / 12 Comments

Tired and anxious here.

You?

1. This is discouraging. A quote extolling the virtues of perseverance  that I am especially fond of because it defines me as a success despite all outward appearances to the contrary is not, as I have been told repeatedly, most recently in the film “Molly’s Game”—more on that later— from Winston Churchill. Nobody knows who said it, if anyone did. It fits Churchill’s career, philosophy and wit, but he just didn’t say it. The quote: “Success is the ability to move from one failure to another without losing your enthusiasm.”

2. Tonight’s Democratic female VP candidate hypocrisy and double-talk update.         a) Senator Amy Klobuchar: Congressional reporter Manu Raju asked the Senator if she believes Tara Reade (the way she reflexively believed Christine Blasey Ford). Her answer: “I think he’s answered all the questions and he’s made clear that he supports her right to come forward.”  Raju then asked about criticism that Democrats are exhibiting a double-standard, Klobuchar “didn’t answer and walked into an awaiting car.” b)  Stacy Abrams, who has virtually no relevant experience to recommend her as a potential vice-president (well, she did lose an election for governor) has been aggressively promoting herself for the slot, because the only qualifications that matter, as Joe has made clear to all, are x-chromosomes and the right skin pigment. While being interviewed by CNN’s Christiane Amanpour yesterday, Abrams responded to a rambling question about her “auditioning” and why “as a black woman,” she felt it was appropriate to do so, with this:

I haven’t been pitching myself, which has been a mischaracterization, I think, because I answer questions honestly. I’ve been getting this question for 14 months, since March of 2019. I’ve repeatedly received the question, and I’m honored that people would put me into the category and think that that was a question to ask. My responsibility is not to question what journalists think is a valid question, but to answer for the audience that they’re speaking to. And as a woman, as a person of color, as a woman of color, it is my responsibility to answer honestly and forthrightly. And if the question is about whether I am competent and qualified for the job, my answer must be unequivocal, because I’m not simply speaking for myself. I’m also speaking to that young woman of color who is thinking about what is in her future. And if I deny her, and deny myself, then I’m doing a disservice to women, to communities of color, and to any disadvantaged community that does not see themselves as the face of leadership.”

Authentic Frontier Gibberish! Continue reading →

A Unanimous Supreme Court Makes The Crucial Point That Unethical Isn’t Necessarily Illegal, And Shouldn’t Be

/ Jack Marshall / 10 Comments

This was a bad day for over-zealous prosecutors.

First, the Justice Department dropped all charges against Michael Flynn in the face of findings of overwhelming prosecutorial misconduct. Then a unanimous U. S. Supreme  reversed the fraud convictions of the two former aides to New Jersey governor Chris Christie for their roles in the “Bridgegate” scandal.

In 2013, Bridget Kelly, once Christie’s deputy chief of staff, and William Baroni of the Port Authority, had collaborated in reassigning traffic lanes on the George Washington Bridge typically reserved for residents of Fort Lee, N.J., to punish the town’s mayor for withholding support of Christie’s reelection bid. Christie ducked responsibility  for the petty stunt that inconvenienced hundreds of commuters, but was never formally implicated.

The Court held, in Kelly v. United States, that the actions of the two did not meet the statutory definition of fraud.

Baroni’s and Kelly’s realignment of the access lanes was an exercise
of regulatory power—a reallocation of the lanes between different
groups of drivers. This Court has already held that a scheme to alter
such a regulatory choice is not one to take the government’s property.
Id., at 23. And while a government’s right to its employees’ time and
labor is a property interest, the prosecution must also show that it is
an “object of the fraud.” Pasquantino v. United States, 544 U. S. 349,
355. Here, the time and labor of the Port Authority employees were
just the implementation costs of the defendants’ scheme to reallocate
the Bridge’s lanes—an incidental (even if foreseen) byproduct of their
regulatory object. Neither defendant sought to obtain the services that
the employees provided.

When a Court routinely criticized as sharply divided along ideological lines agrees across the bench, it demonstrates how egregious the prosecution of Baroni  and Kelly were.

The essence of Justice Elena Kagan’s opinion: Continue reading →

There Is No Ethics Alarms Category Sufficiently Derogatory To Describe The Corrupt Conduct, Reasoning And Statements Of Congressman Ken Buck (R-Colorado)

/ Jack Marshall / 26 Comments

Be proud, Republicans!

I know there are a lot of members of Congress who are frighteningly devoid of ethics, but this story, involving  the GOP’s Ken Buck, who is also Colorado Republican Party Chair , is revolting. He needs to be sanctioned, removed from office, disbarred as a lawyer, and repudiated by his party and his constituents. What he did is no better than taking bribes.

At issue is the Republican primary for the District 10 seat currently held by Sen. Owen Hill, who’s term-limited. State Rep. Larry Liston and GOP activist David Stiver were on the ballot.  Liston received 75% of the vote and Stiver just 24%, according to documents filed later in Denver District Court. The law states that to qualify for the November ballot  a candidate must receive at least 30% of the vote from Republicans within the district.

But Stiver complained the election was unfair, and the issue was taken up with the state central committee, which consists of nearly 500 members, including elected officials and county officers. In an April 17 conference call with less than half on the line, the group voted to place Stiver on the ballot for the seat, even though he failed to receive 30% of the district’s votes. The problem with this is that doing so would violate the law.

Nevertheless, after the vote, Buck asked  Eli Bremer, the GOP chairman for state Senate District 10, to submit incorrect election results to get Stiver on the primary ballot for a state Senate seat. The phone call in which this was discussed was recorded.

Bremer refused, and went to The Denver Post to explain what happened.“You’ve got a sitting congressman, a sitting state party chair, who is trying to bully a volunteer — I’m a volunteer; I don’t get paid for this — into committing a crime,” he said. “To say it’s damning is an understatement.” Continue reading →

The Education Department Finally Crushes The Obama-Mandated Campus Sexual Assault Kangaroo Courts, And Joe Biden Is Deliberately Trying To Make My Head Explode

/ Jack Marshall / 25 Comments

Shut up, Tara, I’m talking about how victims of sexual casualty are being silenced here!

This one was so clear that the New York Times decided to play it straight. Let’s see if the Biden campaign makes them change the headline: DeVos’s Rules Bolster Rights of Students Accused of Sexual Misconduct. It begins:

Education Secretary Betsy DeVos on Wednesday issued final regulations on sexual misconduct in education, delivering colleges and schools firm new rules on how they must deal with one of the biggest issues that have roiled their campuses for decades.

The rules fulfill one of the Trump administration’s major policy goals for Title IX, the 48-year-old federal law that prohibits sex discrimination in programs that receive federal funding, bolstering due-process protections for accused students while relieving schools of some legal liabilities. But Ms. DeVos extended the reach of the law in other ways, establishing dating violence as a sexual misconduct category that must be addressed and mandating supportive measures for alleged victims of assault.

Title IX had become a flash point in recent years after sexual assault cases rocked high-profile universities like Stanford and Duke, and serial sex abuse by staff at the University of Southern California, Michigan State and Ohio State demonstrated how schools had failed to properly investigate complaints. But enforcement of the law has also grown contentious, especially since the Obama administration issued guidance documents in 2011 and 2014 that advised schools to ramp up investigations of misconduct and warned that their failure to do so could bring serious consequences. Critics said schools felt pressured to side with accusers without extending sufficient rights to the accused. And dozens of students have won court cases against their colleges for violating their rights under the Obama-era rules…

The new regulations adopt the Supreme Court’s definition of sexual harassment as “unwelcome conduct that is so severe, pervasive and objectively offensive,” and they require colleges to hold live hearings during which accusers and accused can be cross-examined to challenge their credibility. The rules also limit the complaints that schools are obligated to investigate to only those filed through a formal process and brought to the attention of officials with the authority to take corrective action, not other authority figures like residential advisers.

Exactly. Ethics Alarms has covered many of these episodes, and pointed out the anti-due process aspects of the Education Department’s infamous “Dear Colleague” letter when it was issued. That sop to the militant feminist and anti-male wing of the Democratic Party threatened schools with adverse consequences if those accused of sexual harassment and assault were not presumed guilty, with their reputations and education at risk. The burden of proof was shifted on most campuses, with the accused, rather than the accuser, having the burden of proof. Continue reading →

From The Ethics Alarms “Everything Is Seemingly Spinning Out Of Control!” Files, Legal Ethics Division

/ Jack Marshall / 13 Comments

This story first came to the attention of the legal community in February, when a plaintiff in an employment discrimination suit against Chevron filed a Motion for Sanctions against Chevron’s Houston-based attorney, Dennis Duffy. It began by stating that Duffy had engaged in “a campaign of abusive and intolerable conduct that began with profanity-laced conversation” and escalated to “discriminatory slurs.” Then she alleged, things got really bad. The motion further alleged, Continue reading →

“You Keep Using That Word, ‘Ethics.’ I Do Not Think It Means What You Think It Means…” [CORRECTED!]

/ Jack Marshall / 18 Comments

The Wisconsin Ethics Commission is a supposedly essential and honorable government agency whose mission is “ to promote and strengthen the faith and confidence of the people of Wisconsin in their government, support the operation of open and responsible government, preserve the integrity of the governmental decision-making process, and protect the rights of individuals through the administration of Wisconsin’s campaign finance, lobbying, and ethics laws, and through readily available and understandable disclosure of information.​”

Democrat Scot Ross was named to Wisconsin’s state Ethics Commission last week.  What are his qualifications? Well, he’s a career partisan journalist and bare-knuckles political activist, neither of which are occupations that tend to build strong ethics alarms, or, as they are currently conceived, have any use for them. They do have a tendency to vomit out people like Ross.

This week,  the new ethics commission member retweeted a photoshopped image —Do I really have to show it to you? I guess I do— Continue reading →