Midnight Ethics Nightmares, 10/28/2021: 19th Century Judges Were All Terrible, The NAACP Is A Thug, And More

Horror1

For those in a Halloween Legal Ethics mood, I will be presenting a special Halloween edition of Ethics Rock tomorrow at 9:00 am, for the New State Bar Association. The great Mike Messer will be singing my legal ethics parodies of pop songs with a Halloween flair. Here’s the parody of “The Monster Mash” (by Bobby Pickett) telling a version of the story all law students cover in their ethics classes, the famous “Dead Bodies Case,” from New York…”The Mobster’s Trash”:

Representing T. Soprano, late one night

He confessed to killing a famed playwright

A missing person and a fortune’s heir

“Want to see his body? I’ll show you where!”

[Chorus]

I saw his trash!

It was the mobster’s trash!

The mobster trash!

It was a body stash!

It was his trash!

The body’s throat had been slashed

And all for cash!

It was the mobster’s trash!

Tony found himself suspected of the murder but

There wasn’t any evidence that seemed clear-cut

The playwright’s daughter came to me and begged

Could I tell her I saw her Dad’s head crushed like an egg?

[Chorus]

In Tony’s trash?

It was the mobster’s trash!

I saw his trash!

Where her Dad’s corpse was stashed!

In Tony’s trash!

And his head had been bashed

And all for cash!

It was the mobster’s trash.

[Bridge]

***

Then Tony went to trial

I kept his secret all the while!

But under cross examination

Tony confessed and with a smile.

***

He said he killed the playwright and that he was glad

The guy owed lots of money, which made Tony mad

And worst of all, that playwright’s plays

Were derivative, self-indulgent and ran on for days!

[Chorus]

So he got trashed!

Thrown in the mobster’s trash!

I saw his trash!

Where bodies all got stashed

In Tony’s trash!

The playwright’s skull had been smashed

And all for cash!

It was the mobster’s trash.

After Tony spilled the beans I admitted to all

I had seen the dead playwright, but made the call

That I couldn’t let on that I had viewed the nightmare

And not just because I could end up there…

In the trash!

In the mobster’s trash!

With a gash

A fatal bloody gash

In Tony’s trash!

Cause my  throat would be slashed

I’m not that rash

To risk the mobster’s trash

Well they charged me with not handling a body right

And my law practice dwindled, almost out of sight

As for all you reporters, I’ll answer your quiz

But  don’t you dare ask where Jimmy Hoffa is!

Cause Jimmy’s ash!

In some mobster’s trash!

First he got smashed

Up like corn-beef hash

And he was trashed

Incinerated to ash

Yes he was trashed

They made him mobster trash.

1. This slippery slope leads right to the cancel bin for every jurist and politician of the 18th, 19th, and much of the 20th Century. Rutgers University Board of Governors approved a resolution October 6 to strip the name of Joseph P. Bradley from “Bradley Hall,” which houses two academic departments, a learning center, theater and campus post office.

Bradley, who graduated from Rutgers College in 1836, was appointed to the U.S. Supreme Court in 1870. In 1971, the Board of Governors approved naming the building after Bradley, but that was before the culture decided that any prominent figure who hadn’t anticipated 21st century race cant and women’s rights orthodoxy had to be a vile and evil person, unworthy of honor. Bradley’s discredited views were especially noxious to students who had the benefit of more than a century and half of history and debate as he expressed them in two opinions. In 1883, he declared the first two sections of the Civil Rights Act of 1875 “unconstitutional.”

The law would have outlawed discrimination against African Americans in restaurants, public transportation or other private establishments. Bradley argued, however, that such protections do not apply to private businesses, only the actions of state governments, arguing that to “deprive white people the right to choose their own company would be to introduce another kind of slavery.” In 1872, Bradley backed the Court’s decision in Bradwell v. Illinois, finding that the Illinois State Bar could deny a qualified woman a law license because she was a woman. Bradley argued that the right to practice law was not constitutionally protected under the Fourteenth Amendment. He also pointed to “the laws of nature,” arguing that women have a responsibility to care for their families, as the “timidity and delicacy which belongs to the female sex evidently unfits it for many of the occupations of civil life.…The harmony, not to say identity, of interest and views which belong, or should belong, to the family institution is repugnant to the idea of a woman adopting a distinct and independent career from that of her husband,” Bradley wrote.

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Oh, Fine: Now I Have To Revise My Harvard Reunion Boycott Letter…

MacBeth in Stride

…by adding yet another reason for my absence. Harvard is practicing straight-up segregation. It really is. But it’s OK, see, because only non-black people are being discriminated against. This is the quality of reasoning at Harvard in the 21st Century.

“Macbeth in Stride” is currently being performed by the American Repertory Theater at Harvard University’s Loeb Drama Center, near Harvard Square. This adaptation of the Shakespeare tragedy includes modern music and a version of Lady Macbeth as an “ambitious black woman” to elevate “black female power, femininity, and desire.” <YAWN!> When I see Orson Welles in Hell, remind me to thank him for inflicting on the culture an endless parade of Shakespeare updates with lazy and facile political metaphors, all executed by adapters and directors less talented than he was.

But I digress. For the reason I will have to add to my report of protest is this: Harvard’s major theater on campus has decided that we white folk aren’t welcome to one performance. From the show’s webpage,

We have designated this performance to be an exclusive space for Black-identifying audience members. For our non-Black allies, we appreciate your support in making this a completely Black-identifying evening. We invite you to join us at another performance during the run.

The production is under the auspices of Harvard’s theater department, and the race-segregated performance is on campus, in a university building and held under the college’s banner. This astounding example of direct racial bias must have been approved by Harvard itself.

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It Is Time To Get Serious And Boycott Companies Like Mars Foods

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The Halloween ad for Twix, manufactured by Mars Foods establishes a new assault on American democracy, using venal and unscrupulous private corporations to do the government’s bidding. Rod Dreher, who is often too far Right for me but spot on in this case, writes of the jaw-dropping ad (yes, I find it offensive, and also scary in a non-Halloween way),

This is an aspect of the weird totalitarianism we are living through today. We have seen harder manifestations in cases where physicians, academics, and others lose their jobs for questioning transgender ideology. Things like the Twix ad cannot be understood as apart from the overall message discipline of the Left: that there is only one permissible opinion to hold, and those who do not hold it are enemies to be crushed.

This is not a one-off, and it is not neutral. The inability of normal people to understand what is happening here is one reason why this garbage is so effective at changing the way people think.

Bingo. The ad is a tool of totalitarianism.  “Weird” is too mild a word for it, indeed a poor word, because it diminishes the significance of what this represents. It represents the indoctrination of children. The ad is an implied threat. It declares that anyone who does not agree with the State is evil, and will be punished, even killed. It is sickness presenting itself as virtue.

I guess it’s time to show the ad. As Samuel Jackson says in “Jurassic Park,” “Hold on to your butts!”

Dreher’s summary is fair:

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Not Helping: Houston Texans Owner Cal McNair Grovels An Apology For Telling The Truth

A while back I asked readers if I should start a “Weenie of the Week” category or its equivalent. The feedback was mostlynegative, but I still have to shine a sickly green light on those who are eroding my free speech rights by refusing to fight for their own.

Back in May, the owner of the NFL’s Houston Texans owner Cal McNair commented during the team’s Charity Golf Classic at River Oaks Country Club, “I’m sorry that we couldn’t get together last year, because of the China virus.”

For some reason, a muckraking political correctness-fomenting sports journalist named Michael Silver decided that this was a scandal, or a scoop, or something, now, months later. “Said one unnamed witness,” Silver writes, ‘Everyone gasped, especially the people directly across from him.'” Gasped! My god, the man called a virus that unquestionable began in China the “China virus”! This was “racially insensitive” says NBC Sports, echoing Silver.

No, it wasn’t.

Never mind: McNair, showing himself to have the spine of an annelid worm, quickly grovelled an apology:

“My comments at the event last May included an inappropriate choice of words. I immediately apologized to people who approached me then and I apologize again now. I know how important it is to choose my words carefully. I would never want to offend anyone.”

Even as forced apologies go, this one is especially cringe-worthy. No, the words were not “inappropriate,” they were accurate. Ooh, better choose your words carefully so as not to trigger those who will try to ruin anyone who doesn’t obey the political correctness edicts from the Left! The only way not to “offend anyone” is to avoid speaking and writing.

I hereby move that people who prove they have been thoroughly weenie-ized save us time by skipping these sickening, virtue-signaling apology by simply stating, “I love Big Brother,” and get it over with. That’s what this kind of grovel means. Maybe they should sign a registry or something that gets them discounts on Coca-Cola products.

But…but…TRUUUUUMP! “The term used by McNair was used multiple times by the former president in the early months of the pandemic, and many still use the term (and similar ones) when referring to COVID-19 without apologizing or even flinching,” writes good little censorship soldier, NBC’s Mike Florio. Bite me, Mike: I’m one of those many, though I prefer the more specific “Wuhan virus.” You tell me why a completely accurate name is “racially insensitive.” I’ve asked many lock-step woke friends and relatives to explain what racially insensitive, and the answer basically comes down to “Trump used it, and he’s a racist” or “Because that’s what the directive from The Ministry Of Truth” says. Then there are wimpers about all the Asian Americans being attacked when there is scant evidence that what we call the virus has anything to do with such incidents, and since when did we let the actions of idiots determine what information has to be de facto censored?

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Most Damning Poll Results Yet: Only 43% Of Registered Voters Have Minimally Adequate Knowledge Of The Constitution, Law, Democracy, and Reality [Bad Link Fixed!]

This is even more depressing than the number of people who think Joe Biden is doing a just dandy job as President.

43% of those asked in a Morning Consult- Politico poll responded that the 2020 election should definitely not be overturned. That means that 57% are not certain that the election shouldn’t be overturned. Some think it probably shouldn’t be overturned—12%. 35% responded that the election results should definitely or probably be overturned. Morons. Since the election can’t possibly be overturned under any law imaginable or any sequence of events, and since even attempting such a thing would cause total chaos, the only answer that indicates that a respondent was taught civics by a fully functioning primate is: “Of course the 2020 election shouldn’t be overturned. What are you, nuts? Why are we wasting time even discussing this? Why don’t you ask if “Imagine” should come true?”

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Reaching The Zenith Of “The Great Stupid”: Cancelling Michael Myers

michael-myers-

Yes, it’s come to this.

In the latest “Halloween” installment, 2021’s “Halloween Kills”—I cannot believe that they are still recycling this franchise, which was repetitions and boring decades ago, but such is the creativity of modern Hollywood—apparently immortal serial killer Michael Myers, aka “The Shape,” guts a gay couple inside their home and poses them tenderly at the scene. Now, I would think that Michael is displaying new found wokeness in his choice of victims, since his original targets were horny heterosexual teens, a habit later adopted by Michael’s lesser imitator (and his Mom), Jason Voorhees of the equally endless “Friday the Thirteenth” franchise. He should be celebrated, right?

Uh, no. On social media, Michael, still wearing his iconic Willim Shatner mask, is being accused of revealing a homophobic side. My favorite of the many anti-Michael tweets: “Michael Myers is a racist homophobic murderer. No respect for him now.”

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Morning Ethics Warm-Up, 10/27/2021: Happy Birthday Edition [Corrected]

Teddy2

This is the birthday of my favorite President of the United States, by far. I’ve seen a lot of Presidents in my day, and find it hard to imagine (especially with what we are enduring now) having the nation led by someone so intellectually vibrant, rhetorically gifted, educated in history and philosophy, convinced of American exceptionalism, innovative, dedicated to ferreting out corruption, personally trustworthy and politically skilled. Theodore Roosevelt had many flaws; to begin with, he was an extreme narcissist, an occupational hazard of political leaders, but few reachTeddy’s level. He loved war, a malady of manhood at the time, one that looks bad in the rear-view mirror, and there’s no getting around it: he was a white supremacist. And as one commentator put it in the Ken Burns documentary “The Roosevelts,” he was “quite mad”—but he knew it, and managed his problem very well.

All leaders are flawed, indeed being flawed is one of the factors that make them leaders,. The great ones still deserve honor and study, because we can learn much from their lives, including their failures. I doubt today’s students leave high school knowing anything about Teddy other than, perhaps, his creation of the National Parks, because environmentalism GOOD.

The other birthday that occupies my thoughts today is that of my son, Grant, 27. He began life in the wreckage of the communist tragedy in Russia, an orphan given up by his birth mother, in one of the grim, underfunded and over-crowed state orphanages in Samara, a hell-hole by anyone’s standards. He grew up in the USA a thoroughly American young man, independent, confident, suspicious and defiant of authority (including mine), choosing his own path and not bowing to peer pressure or conventional wisdom because that is what this nation was created to foster.

Happy birthday, Grant. I’m very proud of you.

1. Bill Buckner, martyr to moral luck. Yesterday was the anniversary of the iconic moment in Game 6 of the 1986 World Series when Mookie Wilson’s bouncing grounder rolled under Red Sox first baseman Bill Buckner’s legs. The play completed a nightmarish 10th inning Mets comeback rally that won the game and stopped Boston from finally ending a World Series “curse” that had endured since 1918. [Notice of Correction: before commenter Curmie alerted me to the error—much worse than Billy Buck’s—I had erroneously cited the 9th inning rather than the 10th. I am awash with shame.]

That streak of failure finally stopped 18 years later with the Sox beating the St. Louis Cardinals to win the 2004 Series on this date, October 27. Buckner was singled out by unethical sportswriters and vindictive fans as the scapegoat for the ’86 loss, which was as unfair as it was absurd (if the Red Sox had won the next game, which they led 3-0 at one point, nobody would remember Buckner’s error.)

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Good “Misinformation” vs. Bad “Misinformation”

AOC tweet deaths

I was hit between the eyes by another example of this hypocrisy this morning, when I read the “Letters to the Editor” section of the Times. A reader named Roger Hirschberg—yes, own it Roger, you shameless propagandist—authored a letter that the Times headlined “Facebook Misinformation.” In the first paragraph, Roger decries Facebook policies that “enable and protect misinformation.” In the very next sentence, he condemns Facebook management for allowing such misinformation “in pursuit of profits,” and cites Facebook’s entries related to “the January 6 insurrection.”

Isn’t that amusing? Roger puffs himself up like a bullfrog in indignation over a communications company pandering to the mob while cashing in, and then gives the Times a chance to do the same, allowing his false characterization of the Capitol riot as an “insurrection,” because that’s the current Big Lie being weaponized by the Left.

Now, I wouldn’t want the Times to censor Roger’s deliberate misinformation—the FBI, if one considers it trustworthy, has definitively debunked that description, as did Merrick Garland in last weeks hearings—because we benefit from revelations with signature significance: if you call the riot an “insurrection,” you’re a lie-spreading jerk or a lazy fool who believes whatever your favorite party tells you. I would expect an ethical publication that respects its readers to acknowledge Roger’s hypocrisy if it chooses to publish his letter, however. If it doesn’t, then the Times is deliberately advancing misinformation….but then it’s the good kind. You know: the kind that can be used to smear Donald Trump and Republicans. Thanks, Roger!

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Ethics Observations On Congressman Jeff Duncan (R-S.C.)’s Mask While On The House Floor

Brandon Mask

1 This isn’t funny, ethical, brave or helpful. He should be sanctioned, but House Democrats wouldn’t dare. They know what their members got away with.

2. If Duncan wants to say “Fuck Joe Biden” on the House floor, then let him come out and say it and accept the consequences. At least I can have a measure of respect for that, though not much. Adults snickering at the “Let’s Go Brandon” game remind me of those camp songs like “Shaving cream” or “Helen had a Steamboat” where it was supposed to be hilarious that you never actually said the naughty word that rhymed. The game was just barely tolerable among ten-year-olds, and we have members of Congress who act like this? Be proud, America.

3. The Ethics Alarms position (which cost it about 40% of its readers since 2017) that the office of the President must be accorded a basic level of respect and fairness by the public must apply regardless of who is in the White House, or our republic does not work. One reason I was so critical of the despicable treatment of President Trump across the culture was precisely for this reason: I knew Republicans and conservatives wouldn’t be able resist treating Biden as unethically as Trump was treated, and, if possible, worse.

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Nomination For The Double Standards And Hypocrisy Hall of Fame…

Stace Abrams 2

Stacey Abrams!

It is amazing how frequently the mainstream media states that President Trump’s assertion that he won the 2020 election is a “lie.” It’s not a lie: he believes it, and there are some good reasons to believe it, though stating it as a fact is irresponsible, but you know: Trump. The widespread use of mail-in ballots automatically creates a rebuttable presumption of fraud: when someone other than the voter can fill out a ballot and the vote is still counted, then someone other than the voter WILL fill out a ballot; the only question is how many. Since Democrats tried one unethical route to getting Trump after another for four years, it’s completely reasonable for him to wonder if the election was fixed, with or without evidence.

But I digress. The point is that Trump’s insistence that the Presidency was stolen has been condemned roundly by Democrats and the news media, as well as many Republicans. And yet at a campaign rally in Charlottesville, Virginia, Democratic candidate for Governor Terry McAuliffe was accompanied by unsuccessful Georgia gubernatorial Stacey Abrams and said that she “would be the governor of Georgia today had the governor of Georgia not disenfranchised 1.4 million Georgia voters before the election. That’s what happened to Stacey Abrams. They took the votes away.” Then Abrams repeated her claim that she has made since she lost in 2018: “I come from a state where I was not entitled to become the governor, but as an American citizen and a citizen of Georgia, I’m going to fight for every person who has the right to vote to be able to cast that vote” as McAuliffe nodded approvingly.

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