Author: Jack Marshall

Morning Ethics Round-Up, 11/14/2017: Welcome To The I Hate The President Hotel! Appearing In Our Lounge, George H.W. Bush’s Favorite Magician!

/ Jack Marshall / 54 Comments

Good morning!

(I miss you. Jimmy!)

1 What a revolting development THIS is!

Liberals traveling to Washington, D.C., may soon have a place to stay that’s catered to them – an anti-Trump hotel scheduled to open in spring 2018. The Eaton Workshop hotel is billed as “the world’s first politically motivated hotel,” according to Bloomberg.  Its founder, Katherine Lo, told the news outlet that the 209-room hotel will open near the National Mall, mere blocks from the Trump International Hotel.

Lo said the hotel isn’t meant “to bring together left and right,” but to attract liberal guests and those who consider themselves “woke.” “Self-selection is definitely one of our strategies,” she said. “We wanted to emphasize that it’s a place for people who are thinking outside the box and want to effect a change in the world.”

The hotel will prioritize community outreach, Bloomberg reported, hosting a series of progressive lectures and fireside chats and partnering with local artists and museums to provide art installations and exhibitions. An anti-Trump video installation in the lobby will also show footage of the 2012 and 2016 elections…Locations are also planned in Hong Kong, Seattle and San Francisco in the coming years that would have spaces for radio stations, multimedia studios and venues for musicians and artists to express their activism.

“We plan to have new ideas in the minibar — an activist toolkit, for example, that includes sheets with information to help you call your congresspeople,” Lo told Bloomberg. “And if we’d been open during this year’s Women’s March, I could have seen us putting poster boards and markers in the rooms.”

I have been reading essays from various quarters concluding that Trump-Hate is fast becoming a clinical condition. This would support that; the question is how many travelers are this far gone into hyper-partisan madness. That aside, we have yet another example of the irresponsible and unAmerican push to shatter American society, make everything political, and to encourage partisan isolation, apartheid, and warfare.

The hotel is cultural poison.

2. Ah, this couple was made for each other! Kayla Moore, wife of Alabama Senate candidate Roy Moore,posted a letter on Facebook over the weekend indicating that more than 50 Alabama pastors still supporter her husband. The letter with their endorsement originated before the GOP primary, however. Mrs. Moore deceptively made these pastors appear to endorse Moore despite the subsequent llegations of his molesting one young teen, assaulting a second, plying another with liquor, and generally being too creepy for normal people to think about without getting ill. Already some of the pastors listed have asked to be removed from the list.

The pastors did endorse Moore in the first place, though, so I wouldn’t want to speculate on how many of them would echo the brain-exploding excuse by Alabama State Auditor Jim Zeigler, who said,

“Take the Bible. Zachariah and Elizabeth for instance. Zachariah was extremely old to marry Elizabeth and they became the parents of John the Baptist. Also take Joseph and Mary. Mary was a teenager and Joseph was an adult carpenter. They became parents of Jesus.”

[Warm-Up Open Book Quiz! Name the rationalizations!]

When I see wives standing up for politicians like Moore, I often wonder, “How can they do that? ” Here’s how: they are sleazy and unethical too.

3. Ugh. Now another woman has accused Bush 41 of groping her during a photo shoot, this one in 2003, and when she was only 16. I believe her, in part because of the ex-President’s spokesperson describing the “joke” he liked to tell female admirers about how his—I still can’t believe I have to write this—favorite magician was “David Cop-A-Feel.”

There is strong evidence that the federal government is Sexual Harassment And Assault East, perhaps not as bad as Hollywood, but just as hypocritical and inexcusable. George H. W. Bush was part of that privileged and abusive old boys culture. The Harvey Weinstein Ethics Train Wreck is just now arriving at the Capitol, which is ironic, since Bill Clinton and his unprincipled defenders started it rolling way back in 1998. Continue reading →

Now THIS Is “Whataboutism”….

/ Jack Marshall / 19 Comments

Oh, Glenn, Glenn, Glenn.

What gets into you sometimes?

I could ask that of a lot of conservatives right now.  Many of them, and there are far too many,  are looking for ways to rationalize supporting Roy Moore for the Senate in Alabama because he has an (R) next to his name. My favorite quote from “A Man For All Seasons” comes to mind: “It profits a man nothing to give his soul for the whole world… but for Wales?”  Wales is a bargain, compared to giving up one’s soul—integrity, values, self-respect, common decency, credibility— for the likes of Roy Moore. Even the most fanatic partisan has to accept that there are some depths to which no honorable person should  sink for pure political gain. Partisans who don’t accept that are themselves untrustworthy.

Moore’s candidacy was indefensible long before he was revealed as a stalker of teens when he was an assistant district attorney. The allegations—there was another one yesterday—are just fecal frosting on a poisonous cake. Republicans are saying, “Oh, everyone’s making too big a deal over the frosting. It won’t kill you.” What about the cake???

Yesterday Prof. Glenn Reynolds, a conservative blogger who often gets disoriented amidst his more extreme and less erudite readers, posted,

HOW CAN DEMOCRATS SUPPORT THIS? Roy Moore’s Democratic Challenger Recently Ran an Ad Praising the Confederate Army. I’m sure all the press folks will ask all the leading Democrats that question.

This is wrong in so many ways, it’s like a tangled ball of unethical yarn.

The Slate article linked is intellectually dishonest, politically-correct History for the Simple-Minded. Normally, Reynolds would be mocking it, which would require defending Democrat Doug Jones. Can’t have that! Jones has run a campaign ad spotlighting Col. William Calvin Oates of Alabama, the Confederate officer who led his troops in battle on Little Round Top against Maine soldiers led by Col. Joshua Chamberlain. It was one of the most memorable and important episodes at Gettysburg: Continue reading →

Yu Darvish And The Ethics Of Unnecessary Apologies

/ Jack Marshall / 23 Comments

TMZ reported that Yu Darvish, the highly-regarded Dodger starting pitcher who may have delivered the worst World Series performance for a hurler ever, apologized to Dodger fans following his early exit from Game 7. Darvish didn’t make it out of the second inning in either of his two starts.

To begin with, I don’t think he apologized. Darvish said, “Dodger fans … they expect we won the World Series. I couldn’t do it. I still feel sorry,but I did my 100%, so…” Of course he’s sorry that he stunk during the Series, lost two games, and was a major reason his team was defeated by the Houston Astros. He regrets tat he didn’t play better. That, however, is not the same as apologizing, which is how TMZ and—yecch–Breitbart headlined the story.  It is a social balm to say that you  are sorry that your best efforts weren’t good enough, but one should not apologize for bad results unless your conduct was wrongful in some way. An athlete not being at his best on a given day is not wrongdoing. It’s moral luck. If he performed badly because he was drunk, or tried to lose, or didn’t prepare properly, then he owes his stakeholders an apology for breaching their trust and his duty of competence. If, as Yu says he did, the athlete gave “100%,’ then there is nothing to apologize for.

Acting as if there is something to apologize for helps confuse the easily confused public on an important aspect of accountability. We are accountable for bad events when our actions lead to those events, but we can only be blamed for those bad events if some negligence misconduct or other variation from competent and responsible standards causes the  undesirable results, when such results could have been anticipated. Continue reading →

Morning Ethics Warm-Up, 11/13/17: Rushing In Panic Around My Boston Hotel Room Because I Didn’t Get My Wake-Up Call Edition

/ Jack Marshall / 150 Comments

It’s not a good morning…

(Gotta start teaching the Massachusetts Rules of Professional Conduct in an hour, so this has to be quick. Sorry!)

1 Apparently Breitbart, aka Steve Bannon, has sent two investigative reporters to Alabama to discredit the stories of the four women who say Roy Moore courted them when they were in braces and poodle skirts. See, ethical news sources would be doing what we call “finding out if there’s anything the Washington Post missed.” Breitbart is trying to dig up dirt on four women who just responded to the Washington Post reporters’ questions. How do we know this? Well, 1) the untrustworthy hard-right website has been defending Moore and attacking the Post since the story broke; 2) it is appealing to its core group, made up of alt-right creeps and, you know, morons, by saying this is what they are doing; 3) it has already filed a story claiming that the ex-14-year-old who says 32-year-old Moore fondled her was contradicted in some aspects of her story by her mother. Then there’s 4), which is that the site is so slimy it makes eels gag.

Oh…Ann Coulter tweeted yesterday that it doesn’t matter if Moore is a theocrat, it doesn’t matter if the man who calls gays sub-human perverts is, in fact, a pervert himself; it doesn’t matter that he was kicked  off the bench twice as a judge for ignoring the law….what matters is that he’ll vote for Trump’s wall in the Senate. Get help, Ann.

2. On the other end of the ideological divide where it is just as scary, Media Matters is promoting a sponsor boycott of Sean Hannity to drive the conservative pundit off the air as punishment for saying nice things about Moore.  It has already bullied coffee-machiine maker Keurig into pulling its ads, and that has prompted, in turn, a call by Hannity to boycott Keurig. Continue reading →

Unethical Quote Of The Month: George Takei

/ Jack Marshall / 15 Comments

That tweet—cynical, desperate, pathetic, ridiculous, hilarious—by the minor “Star Trek” supporting actor turned gay rights warrior turned pop celebrity pitch man turned Kevin Spacey—has been taken down, but it’ s too late. Poor George Takei has set a new mark for complex and creative virtue-signaling as an incompetent crisis management tactic. It’s interesting that this relatively new art form has become so popular for riders on the Harvey Weinstein Ethics Train Wreck, because it has backfired every time.

It’s gratifying that these Hollywood types are beginning to grasp the cognitive dissonance scale, but the damn thing can’t work miracles.

First Harvey announced that he was going to go after the NRA as he sort of apologized for assaulting, abusing, intimidating and raping actresses, because Weinstein gambled that this would make Hollywood say, “Oh,  you’re a good guy then! We’ll ignore the rapes, as long as your enemy is our enemy.” I can see how he may have thought this would work; after all, it had worked with Democratic politicians his whole career. When Kevin Spacey’s protective Wall of Silence  was starting to crumble, he tried the “I’m gay! Love me!” version of this tactic, figuring that he would more than double his support in the show business community. This did not go well.

Takei had come out long ago, so he couldn’t try that, and he hadn’t been giving millions to the Democratic Party, so a pledge to destroy Ted Cruz or Roy Moore or some conservative organization that he thought people hated more than they have problems with gay sexual predators wasn’t likely to work. What do do? Wait…wait! People blame the Russians for electing Trump! I can’t say I’m going to go after Russia, but I can say that Russia’s going after ME! Sure, that can work! I’ll blame the whole Scott Brunton “Sulu molested me” accusation on Russian bots! Then I’ll take a heroic stand, explain the Putin’s out to get me because I called him out on Russia’s anti-gay policies and proclaim that I won’t be silenced! It’s perfect!”

Uh…no. Continue reading →

Comment of the Day: “Desperate Ethics Quote Of The Week: Louis C.K.”

/ Jack Marshall / 6 Comments

This is a combination of two comments, by the same wise commenter. I thought both were excellent, and together they are better still.

This is La Sylphide’s Comment of the Day on the post, Desperate Ethics Quote Of The Week: Louis C.K.:

Twice a summer I work as a “runner” for two huge music festivals: one country, one rock. I am often in close quarters, or in a car, with very famous people. I’m always professional. I’m always discrete. Rarely am I star struck. (O.k., driving Johnny Depp was pretty cool.) Most stars and their tour managers are kind and thoughtful. But now and then you get a blowhard, or two. One, very well known country star wanted me to share his cigar with him as I drove him to his private plane. “C’mon, sweetheart” as he held out the cigar to me, “it’s not THAT wet…” The whole car went silent. There I was, the only woman in a car with 5 men, a wet cigar, and a wink wink. I played dumb. I blew off his remark with a smile… They all laughed. Here’s the thing: he held no power over me. He couldn’t advance my career or ruin it. I had nothing at stake. And so yes, I can understand these women, in the same industry as Louis C.K., trying to make it, in a hotel room with him and wondering “wtf, do we do now ?!? How much damage will be done if we stay? How much damage will be done if we tell him to GFH? ” So very often, when you are dealing with someone who wields enormous power, it’s like navigating a mine field. For women, there are often split second decisions to be made: do I cross the street now because it’s late at night, I’m alone and he’s coming toward me, or if I cross the street will I anger him and make things worse.”

… Continue reading →

On “Whataboutism”

/ Jack Marshall / 12 Comments

“Shut up! How dare you point out my hypocritical double standard!”

I am abashed to admit that I read the term “whataboutism” many times without having a clue regarding what it meant. Properly used, the term could have been a useful one. I often wondered what to call it when, say, Newsbusters, would run one of the stories like this one (there have been far worse. but this was the most recent):

FLASHBACK: CNN Didn’t See GOP Winning Governor Races in 2009 As Referendum On Obama

What does CNN’s analysis eight years ago have to do with whether its analysis regarding 2017 election results are persuasive or not? Nothing. It’s a deflection without substance: “Oh yeah? Well, why should we pay attention to your claim that the GOP losing State House races is ominous for the party now when you didn’t say the same thing when Democrats lost elections under Obama?” It makes no sense, especially since those losses were a warning for Democrats, who got clobbered in the 2010 mid-terms.

That’s real “whataboutism”: an intellectually dishonest argument that changes the subject to avoid dealing with the issues. It flourished during the Obama years, especially in the comments on political blogs. Virtually any discussion about Obama’s myriad botches and failures were routinely countered by, “Oh yeah? Well, Bush lied and people died!”

This kind of “whataboutism” involves the use of Rationalization #2, Ethics Estoppel, or “They’re Just as Bad,” and #22 The Comparative Virtue Excuse: “There are worse things.”

The idea, again,  is to avoid honest consideration of fair criticism by pointing somewhere else.

But progressives and liberals are very good at stifling dissent and argument by constricting language and discourse, so now “whataboutism” is increasingly being used to shut down efforts to point out double standards….and double standards, which are reaching plague proportions, must be stopped, and the only way the stop them is to identify them.  Continue reading →

Morning Ethics Warm-Up, 11/12/2017: Prisoners Behaving Badly, The Harvey Weinstein Ethics Train Wreck Picks Up The Brother Of “The Girl Next Door,” And The Attempted Coup Continues

/ Jack Marshall / 9 Comments

Good Morning!

On the way to Boston soon for an in-and-out ethics seminar for young Massachusetts lawyers…

1 Why is the New York Times acting as if the 2016 campaign is still going on? Today’s Sunday Times includes a long scold from the Times editors urging the President to “please read the Constitution.” Then it reaches back all the way to 2015 for TrumpTweets that proposed or mused about Constitutionally impossible policy ideas. How does the Times know that the President’s Constitutional acumen hasn’t been enhanced since 2015? It doesn’t, of course. The criticism would be legitimate during a campaign, but a year after an election, it tells us only this: The New York Times is still in the mode it announced during the campaign. The existence of Donald Trump, in its view, justifies the suspension of journalism’s core principles. In the view of many of the Times’ voices on its op-ed page, his existence also justifies the suspension of the Constitution that the paper piously insists the President read. The Times editors have not told those who have claimed in its pages and from the floor of Congress that President Trump should be impeached based on no “high crimes and misdemaeanors” to read the Constitution. It didn’t tell Hillary Clinton to “read the constitution” when she advocated “the Australian approach” to gun control, or grandstanding Democrats in the House to ‘read the Constitution” when they behaved as if the right  of Due Process didn’t exist, so citizens arbitrarily placed on a no-fly list by the FBI could nonetheless be denied the right to own a gun. It didn’t tell “the resistance” to “read the Constitution” when it attempted to distort the operation of the Electoral College to undo the President’s election.

“He has showed disdain for the separation of powers by repeatedly attacking the federal judiciary and individual judges who have ruled against him.” the Times sniffs, but it did not tell Barack Obama to “read the Constitution” when he attacked the U.S. Supreme Court in a State of the Union address. Then the Times goes off into the hyper-partisan stratosphere, suggesting that its editors also need to “read the Constitution”:

He has abused the pardon power by granting his first, and so far only, pardon to a former sheriff who was found in contempt of a federal court for defying an order. And he has failed to take care that the laws are faithfully executed, whether by trying to sabotage the Affordable Care Act, leaving hundreds of critical executive branch positions vacant or threatening to prosecute his former political opponent.

The Constitution places no limits whatsoever on the pardon power; it is absolute, beyond appeal, and can’t be abused as a matter of Constitutional law. The Times’s definition of the duty to faithfully execute the laws is incomprehensible, since it did not object to Barack Obama circumventing crystal clear laws against illegal immigration by ordering them not to be enforced, or when the Obama administration refused to defend the Defense of Marriage Act while it was still a valid law signed by the previous Democratic President. The Constitution does not demand that the Federal government be a bloated, deficit-making bureaucracy; the President, not the Times, gets to decide what positions are “critical” in the Executive Branch. That’s in the Constitution. As for “threatening to prosecute his former political opponent.,” the President’s statements regarding Hillary Clinton can be and should be taken as questioning whether the Justice Department under Barack Obama was placing its thumb on the sales of justice for political purposes.

It is increasingly beyond argument that the mainstream news media, led by the Times, is trying to abuse its Constitutionally enshrined immunity from responsibility to engineer a virtual or actual coup. That is dangerous and unforgivable, as well as directly contrary to how the Founders wanted our democracy to operate.

2. I checked the news early this morning to learn the identity of the latest celebrity to have a finger pointed his way as a chorus shouts “HARASSER!” To my surprise and alarm, I discovered that the Harvey Weinstein Ethics Train Wreck had entered my world: jet-set hotelier André Balazs was accused by actor Jason Bateman’s wife of groping her crotch in 2014. André Balazs grew up across the street from my childhood home in Arlington, Massachusetts. His sister, Marianne, was a good friend and classmate all the way through high school. I knew André as Marianne’s annoying little brother.

It appears that the idea in Hollywood now is to accuse someone else before you or your significant other gets accused. This is because sexual harassment and misconduct has been an accepted part of power-player culture in Hollywood forever, even while the Left’s component of that culture proclaimed that the Right was wielding a “war on women.” The country should not forget how dishonest and hypocritical this was.

I never liked that kid…. Continue reading →

Comment Of The Day: “Fun With Witch Hunts! If The Harvey Weinstein Ethics Train Wreck Has To Run Over Someone, Roy Moore Is A Great Choice, But Still…[UPDATED]”

/ Jack Marshall / 15 Comments

OK, it could have been worse…

 I occasionally will vary from EA’s usual practice of publishing outstanding comments as Comments Of The Day to select one of the comments that is illuminating in a different way. This one, for example. Despite the Washington Post’s story featuring four romantic targets of Roy Moore from when he was a thirtyish Assistant DA who ranged from 18 to (oh-oh) 14, many of Moore’s conservative, evangelical, anti-gay, anti-US Supreme Court fans in Alabama…

….don’t seem fazed a bit. How can this be? The comment by Kat gives us a troubling glimpse into a) the kind of reasoning that leads to incompetents like Moore reaching high elected office; b) the typical level of discourse in the comments of most blogs and websites; c) the comments that I typically veto as not adding anything to the discussion here, and d) the end product of the U.S. public school system.

Here is Kat’s Comment of the Day, and yes, I sure as shootin’ will be back at the end…

Are you serious it has to be true because Moore is a bad guy why because he has Ethics and a Christian, give me a break. If the allegations are true that this girl has accuse pastors of the same thing then truth will come out! And to be credible I don’t believe her to be credible whatsoever if this horrible thing happened to her at 14 you don’t wait 38 years to say anything you tell your parents right away you tell the school made an interest in the other women all work for the Democrats and Hillary. I’ve seen many allegations against other Republicans come to be false! I am a woman I know women can say anything doesn’t mean it’s true ! To say you believe this just because you don’t like the guy try actually finding some evidence that’s what I noticed this country doesn’t do it believes any stupid thing someone says without actual any evidence and that’s dangerous ! When I find is not credible if someone waits for women wait until the month before the election and come out with us for 38 years no one says anything give me a break !

***

I’m back! Continue reading →

Comments Of The Day (2): “Desperate Ethics Quote Of The Week: Louis C.K.”

/ Jack Marshall / 8 Comments

There were two Comments of the Day  on this post.

The first is a lovely and compassionate one from Charlie Green regarding Louis C.K.’s eloquent admission of misconduct and appeal for forgiveness; the second, a reminder of the importance of forgiveness from Zoltar Speaks!, often at sword-points with Charles on other issues. Both are worthy of separate posts, and I hope Charles and Zoltar don’t feel slighted by being asked to share. In this case, I felt that the pairing was complementary.

First, here is the Comment of the Day by Charles Green on the post, Desperate Ethics Quote Of The Week: Louis C.K.

A friend said, and it rings true, “to be a comedian, you have to be afraid, confused, and conflicted; and all of them are very angry.” Indeed, it’s their confusion and anguished conflict that makes them so interesting to us.

The best thing Louis CK said in his response was, “It’s now time for me to listen.” Contrast that with Michael Richards’ anguished attempt to continually go public with his attempts at self-analysis and self-justification – an abject failure. When “there’s something happening here, and you don’t know what it is…” – apparently the case in for Louis CK – the one smart thing for him to do is shut up and listen. Deeply.

When you’re faced with a situation you honestly don’t understand, and your career depends on your continued inability to make sense of it, the dumbest thing you can do is to suddenly attempt public self-psychoanalysis.

Most comedians – think Joan Rivers, or Redd Foxx, Kathy Griffin or Sarah Silverman – have crossed the line a few times, and not just in jokes falling flat. That’s why they work out material in small late-night dive joints. We depend on, thrive on, their ability to walk just up to the line, and not cross over it. And some of them cross the line in their lives off-stage as well.

There’s no excuse for Louis CK doing what he did, and talented friends like Pamela Adlon will suffer collateral damage. He couldn’t see where the line was, and now he’ll bring down still more victims with him.

Among other things, it’s a shame.

***

Now Comment of the Day #2 on the same post, this time authored by Zoltar Speaks! Continue reading →