Author: Jack Marshall

Morning Ethics Warm-Up, 10/19/2017: #MeToo, A Fact-Denying Fact-Check, And A “Resistance” Hit Job

/ Jack Marshall / 38 Comments

Good Morning to you!

1 The contrived anti-Trump controversy over his conversation with a Gold Star widow is so disgusting and cynical that I hesitate to comment on it. This was so obviously a set-up: an anti-Trump woman, angry and grieving over the death of her husband, allowed a virulently anti-Trump Democratic Congresswoman to listen in on the call, then collaborated to make the accusation that Trump’s words that her husband “knew what he was signing up for” were a calculated insult. The New York Times somehow found this worthy of an above the fold article. No other President would ever be subjected to this kind of despicable “gotcha!” attack. No matter how clumsy Trump’s words might have been, and we can only take the word of two women who were predisposed to interpret them in the worst light imaginable, a President must be accorded a presumption of good will in such a situation. This, however, has been withheld from him in all situations by major segments of the Left from the beginning. Representative Fredricka Wilson (D-Fla) boycotted the President’s inauguration, and has made her motives and character explicit by laughing about how this latest controversy has made her a “rock star.” Well, maybe in “the resistance”–I have a somewhat different description for her. Now she’s race-baiting too, calling John Kelly a racist for referring to her, in his defense of the President, as an “empty barrel” who “makes noise.” Yup, I remember hearing stories about Klansmen calling blacks “Empty barrels.”

What did the wife of La David Johnson expect such a partisan, vicious hack like Wilson to do when she chose her to listen to the conversation with the President? It was another episode in the fake “the President is a white supremicist” pageant, and to anyone with a scintilla of objectivity, a blatant one. The Washington Post’s resident race-baiter, affirmative action Pulitzer Prize winner Eugene Robinson, wrote an unforgivable column calling Trump’s comment “mindless cruelty”he never never made a genuine case that there is anything wrong with what Trump said…because, you see, there isn’t. If the wife of a soldier doesn’t understand that when he enlisted in the armed services he was putting his life on the line for his country and knew it, then that’s her misconception. My father, who had his foot blown up in World War II, made this point more than once: if you enlist to fight, you can’t say you didn’t know that the possibility of being killed or wounded wasn’t part of the decision. If it wasn’t, there would be no innate courage in volunteering for service. This, like so much else that the President does and says, is only wrong because it is him saying it. This is the plan. This is how “the resistance,’ Democrats and their core seeks to cripple the government and undermine the President of the United States. They don’t even hesitate to politicize a simple condolence call and the death of a soldier toward that un-American end.

I think my favorite part of the negative spin put on Trump’s conversation with Mrs. Johnson was that “he appeared not to know the name” of the fallen soldier. Any parent who can’t resist excessive creativity and who names a boy “La David” has condemned him to having everyone hesitate to say his name for the rest of his life, as “Wait, this can’t be right…” locks their brains. This is Naming Ethics. Similarly, don’t name your girl “Mister Nancy.”

Accolades are due to another Gold Star widow, Natasha De Alencar, who has released the audio of a call the President made to her in April after her husband, a  member of the 1st Battalion, 7th Special Forces Group (Airborne) became the first American killed in combat in Afghanistan this year. That conversation shows the President as compassionate and willing to spend all the time necessary to express his respect—and she and her were Hispanic, and we all know that Trump just hates Hispanics. That call alone should ensure the President the benefit of any doubt regarding whether he would “insult” a military widow, but it won’t; not for those who want to assume the worst, and want to  make as many people as possible believe that the President of the United States is a monster.

This was an unconscionable hit job. The Democrats and the news media seem incapable of comprehending that the more ruthless, unjust and vicious they behave in their opposition to Trump, the more those who are not already incurable Trump-haters will conclude that their cure is worse than the disease. Continue reading →

Comment Of The Day: “Your NFL Anthem Protest Ethics Train Wreck Update: Incompetent Quotes”

/ Jack Marshall / 111 Comments

…or, in the alternative, are you ready for some vague, annoying protest by a scattering of players during the National Anthem, and THEN some football?

This Comment of the Day is from me, Jack Marshall, blog proprietor and moderator. 

I just finished writing it in response to a comment that I almost described as another incompetent quote; my comment begins with it. But that’s not really fair. What prompted this indeed is a spectacularly wrong quote, but still a useful one. This is the value (I hope) of discourse here. Even wildly misguided debate points can enlighten. This one enlightened me: now I know that the supporters of the NFL Kneelers are, beyond question, not processing reality, either out of confusion or ideological fervor. Their position does not make sense; it’s as simple as that.  I have to read a clear, purposeful expression of a bad argument sometimes to understand what exactly is so wrong with it.

This is a depersonalized version of what I just wrote in the comment thread, which was a bit mean. (It also had some typos, which I think I fixed, and a couple of other edits.) Luckily, I know that the recipient, unlike some people, won’t sue me for hurting his delicate feelings, if in fact I did.

Here is my Comment of the Day on the post, Your NFL Anthem Protest Ethics Train Wreck Update: Incompetent Quotes:

“Since when do one’s “deeply held convictions” give one the right to force others to live by them? No NFL viewer’s deeply held convictions are meaningfully threatened by this silent protest. They remain free to show respect to the flag in whatever way feels right to them. You are the one advocating for a restriction of the NFL players’ freedom of expression. And while that restriction is legal, it is neither ethical nor necessary. It is, in fact, petty and stupid.”

This is, honestly, willfully or naively obtuse.

The NFL players ARE restricted by the nature of their work and the business they work in. This is so simple.

I am a perfect example of the problem you seem incapable of grasping. I am the Customer. I go to entertainment, like everyone else who does, to be entertained. I do not go to be involuntarily shamed, “Woked”, harangued, persuaded, bitched to or proselytized, silently, verbally or symbolically. I’m not paying for that, and it interferes with my enjoyment, both substantively and as a matter of principle. If said entertainment advertises that “before the game/show.performance, the captive audience will be subjected to a brief but heart-felt statement by the players/actors/performers regarding [IT DOESN’T MATTER], I appreciate the candor, and I’m not buying a ticket. If establishments that grants me admission in exchange for my attention, patronage and hard-earned cash,  pollutes my entertainment by allowing  this non-entertaining content without notice, I regard it as a breach of our deal.

Remember, I ran a professional theater company, successfully, for 20 years. And the nice, often progressive actors, board members and staffers were always asking that we have a “curtain speech” urging the audience to contribute for this cause or that crisis, AIDS research,  to help a member of the theater community who had been attacked by wolves or something equally terrible, or even to raise money for my company. My answer was always the same.

NO. NEVER. We do not take advantage of our audience that way, and exploit the fact that they are seated expecting a performance to force a lobbying effort on them, and it doesn’t matter if I agree with the cause or not. It’s wrong, It is in fact, the Saint’s Excuse. (Everybody Does It was also often cited.)

I wasn’t limiting anyone’s freedom of expression then, and no one is advocating restriction of the NFL players’ freedom of expression now. They can say and write whatever dumb (or not) thing they choose when they are not doing the job their employer is paying them to do. Continue reading →

Morning Ethics Warm-Up, 10/19/2017: Gwyneth’s Mom, Harvard’s Airbrush, Salon’s Favorite Conservatives

/ Jack Marshall / 48 Comments

Yes, I KNOW it’s Thursday, but I meant to use this song yesterday, but didn’t, because I thought it was Tuesday…

GOOD MORNING!

1 We have several Ethics Train Wrecks barrelling along. The Harvey Weinstein Express is still picking up expected passengers, like Harvard University’s Hutchins Center for African and African American Research. The Executive Committee unanimously voted to award Weinstein the 2014 W.E.B Du Bois medal for contributions to African and African-American culture. In the midst of complaints by the African American community that Hollywood was slighting black artists and themes in its films, Weinstein’s Miramax studio had stood out as a notable exception.

The same professors voted Tuesday night to rescind the honor in the wake of the Weinstein’s (long-known but only recently publicly exposed) sexual predator proclivities, announcing in a statement: “We have voted unanimously to rescind the Du Bois Medal awarded to Mr. Weinstein in 2014. We stand with the women who have courageously come forward to fight for themselves and indeed for all of those who have experienced similar abuse.”

Wrong, and cowardly. What does sexual harassment have to do with African American culture? The mania among progressive missions groups to insist that only those who satisfy all broad progressive agenda mandates are worthy of any honor is why the nation’s continued celebration of Jefferson, Washington and other founders is hanging by a thread. Did Weinstein deserve the award in 2014? Yes, I assume. Has anything changed regarding the producer’s contributions to black culture through his movies? No.

I covered this substantially identical situation here, in 2015. Continue reading →

Your NFL Anthem Protest Ethics Train Wreck Update: Incompetent Quotes

/ Jack Marshall / 66 Comments

The more NFL players, owners, brass, and other fellow travelers on the NAPETR talk about this fiasco, the worse it gets.

Incompetent Quote #1:

“What I see with the N.F.L. owners is a bunch of good old boys telling the players: Stay in your place.”

 ——Black Lives Matter demonstrator outside NFL headquarters.

Comment: “In their place”  in this context means“doing the job for which they are paid millions of dollars and not undermining the business of their bosses by irresponsible non-football activities on the field. “ Yup, telling employees to stay in their place is what all employers do,  must do, and have every right, indeed an obligation to do.

Calling such employers “good ol’ boys” is bigotry and race-baiting, which is what racist organizations like BLM do.

Incompetent Quote #2:

“We need to be above petty attacks from anybody, because racial and socioeconomic inequality has existed in this country for too long,”

 ——- Jed York,the chief executive and co-owner of the San Francisco 49ers, which started this mess. Continue reading →

Oh, NO! ANOTHER Ethics Story That I Don’t Understand At All! EVERYTHING IS SEEMINGLY SPINNING OUT OF CONTROL!

/ Jack Marshall / 28 Comments

Emory University Hospital in Georgia had scheduled kidney transplant surgery for a 2-year-old boy to take place on October 3. The organ donor, however, the boy’s father, Anthony Dickerson, violated his parole. Hospital administrators then postponed the surgery until Dickerson could comply with parole requirements for an additional three months.

The boy’s mother, Carmella Burgess, received a letter from the hospital that said Dickerson would be re-evaluated as a donor in January after it receives documentation of his success.

What warped reasoning is going into this decision? The boy’s health care needs are the same. The kidney being donated is the same. The father is still a willing donor. Why would the hospital care whether Dickerson had violated parole or not? Why would anything Dickerson did change the hospital’s medical duty to his son, or warrant postponing life and death surgery? So the father was discovered eating puppies. So he was found to be a convert to Isis. So he is caught saying nice things about Harvey Weinstein, Donald Trump or Satan. In fact, Dickerson violated parole in September and was charged with possession of a gun. So what?

“They’re making this about dad,” Burgess told the Atlanta Journal-Constitution. “It’s not about dad. It’s about our son.”

That seems to be an accurate analysis.

If anyone can explain how this can possibly be ethical conduct by the hospital, please do.

Unethical …And Really, Really Dumb…Tweet Of The Month: Actor Seth Rogen

/ Jack Marshall / 27 Comments

Maurice Switzer said (no, not Mark Twain or Abe Lincoln), “Better to keep your mouth shut and appear stupid than to open it and remove all doubt.” This goes double, triple even, for celebrities in Twitter. The platform is a sinister cultural trap to expose the ignorance, stupidity, nastiness and bad judgment of famous people who have no idea just how foolish they are.

Hence the above jaw-dropping tweet by Seth Rogen, an occasionally amusing comic actor with dubious self-awareness. (He allowed himself to be cast as the Green Hornet, for example.)

Just how bad is the tweet? Let us count the ways: Continue reading →

Morning Ethics Warm-Up, 10/18/2017: Welcome To My World! Special Legal Follies Edition

/ Jack Marshall / 14 Comments

Good Morning!

1  Oh, let’s begin the day with Roy Moore, the former Alabama judge and present wacko whom Alabama Republicans voted to represent the GOP in the 2018 U.S. Senate election, thus proving that there are a lot of deplorables in the state. As was completely predictable given his record, Moore recently told his drooling followers (after being introduced by Abraham Hamilton, Alexander Lincoln being unavailable),

“Somebody should be talking to the Supreme Court of the United States and say, ‘What gives them a right to declare that two men can get married?. . . Tell the Congress: Impeach these justices that put themselves above the Constitution. They’re judicial supremists and they should be taken off the bench.”

Comments Jonathan Turley,

So Moore believes that he should not have been removed from the bench for putting his personal religious beliefs above the Constitution, but justices should be removed if they interpretation the Constitution in a way that contradicts his religious beliefs.  This, he insisted, would ‘solve the problem….such a view would violate not just fundamental principles of judicial review but it would violate the impeachment clause.  As the last lead counsel in a judicial impeachment case (in defense of Judge Thomas Porteous), Moore’s view is deeply troubling.  As I have previously written, the Good Behavior Clause of Article III was designed to protect the independence of the judiciary and insulate it from political pressures.  It was meant as a guarantee of life tenure against precisely the type of threat that Moore is endorsing. 

But it’s pointless to make genuine legal and historical arguments against someone like Moore. He’s a theocrat, a fanatic, a bigot and a demagogue. The Republican Party should endorse his opposition and campaign against Moore. This fiasco is their fault, and someone like Moore should be kept out Congress at all costs.

2. Now to someone who is, incredible as it seems, somewhat less ridiculous, this gentleman, Christopher Wilson…

 

No, that’s not a botched tattoo on his forehead: the blurry words are “fuck” and “sluts”, making the whole, eloquent message, “I’m a porn star. I fuck teen sluts.” This roughly translates into  “Look at me! I’m an idiot!”  The newspapers that refused to print the blurred words (the police had the mugshot altered) that are essential to the story, meanwhile, are telling us, “We don’t understand our profession.” The story is incomprehensible if the actual words aren’t clear, literally or figuratively.  Fox News and the NY Post, for example, say, “The Cincinnati man has the words “I’m a pornstar” tattooed on his forehead” and “another vulgar message” tattooed below.” Since the issue is whether the message on his FACE is going to prejudice the jury in his trial for sexual assault, this is juvenile coverage omitting key information to avoid “giving offense.”

Ethics Alarms to the news media: Grow up.

Turley (again…he loves the tattoo stories) writes,

“The court will be left with a question of whether the tattoo is too prejudicial or whether it is unavoidable as a personal choice of the defendant….Yet, these tattoos contain an admission to the crime at issue in the trial.  In the end, a judge could legitimately conclude that this falls into the category as bad choices bringing even worse consequences.”

What? First, the defendant is not charged with fucking teen sluts while acting as a porn star. That conduct could well be consensual and legal.  Turley is also wrong that the judge could “legitimately” allow the jury to see his message. In both cases involving a defendant’s prejudicial tattoos, the judges agreed that they had to be made invisible, in one case using make-up… Continue reading →

Wait, WHAT? I Don’t Understand This Case At All: The Louisiana Lawyer’s Betrayal

/ Jack Marshall / 40 Comments

Robert McCoy (above), facing trial for a triple murder in Louisiana, told his lawyer, Larry English, that he was innocent. Someone else had killed the victims, he insisted. English, however, knew better. He wasn’t buying any of it.

“I met with Robert at the courthouse and explained to him that I intended to concede that he had killed the three victims,” Mr. English stated in a sworn statement. “Robert was furious and it was a very intense meeting. He told me not to make that concession, but I told him that I was going to do so….I know that Robert was completely opposed to me telling the jury that he was guilty of killing the three victims,” Mr. English said. “But I believed that this was the only way to save his life.”

English’s theory was that in the state’s two-phase trail system, he would lose credibility with the jury if he insisted McCoy was wrongly charged in the face of overwhelming evidence He wanted to have the trust of the jurors in the second phase, when he would have to argue that they should spare Mr. McCoy’s life.

After the meeting, Mr. McCoy tried to fire his lawyer, saying he would rather represent himself—So would I— but Judge Jeff Cox refused to let English off the case. So, as promised, English told the jury during his opening statement that his client was a triple murderer. McCoy objected in court, protesting, “I did not murder my family, your honor ! I had alibis of me being out of state. Your honor, this is unconstitutional for you to keep an attorney on my case when this attorney is completely selling me out.”

The objection was over-ruled.  McCoy’s lawyer, the judge apparently believed, knew better than his client what his client’s best interests were.

He didn’t though. McCoy was convicted and sentenced to death despite all of that supposed good will, credibility and trust English had built up by throwing his own client under the criminal justice bus.  The victim of this Bizarro World representation appealed the conviction to the Louisiana Supreme Court, saying his lawyer had turned on him. The court ruled against him,  holding that

“Given the circumstances of this crime and the overwhelming evidence incriminating the defendant admitting guilt in an attempt to avoid the imposition of the death penalty appears to constitute reasonable trial strategy.”

Now the United States Supreme Court is going to consider the case, McCoy v. Louisiana, and the question of whether a lawyer who disregards a client’s explicit instruction to plead not guilty has breached the Constitutional right to counsel.

I am stunned.  What question? Apparently this is a thing in Louisiana. “Counsel’s strategic choices should not be impeded by a rigid blanket rule demanding the defendant’s consent,” Louisiana’s lawyers  wrote in a brief urging the court to pass on the case. Since 2000, the Louisiana Supreme Court has allowed defense lawyers to concede their clients’ guilt in four other capital cases over the clients’ express objections.

Good grief. Continue reading →

Morning Ethics Warm-Up, 10/17/2017: Comey, Eminem,”Hustler”… And Cognitive Dissonance

/ Jack Marshall / 11 Comments

ARRGH! I thought this was posted hours ago! Verizon is doing it to me again, going on and off every ten minutes. This is war.

 

Good Morning!

1 Nicely dovetailing with last night’s Ethics Alarms post, Christian Toto put his finger on the tragic and narcissistic delusions of Hollywood celebrities and athletes, without specifying what is really going on: a complete failure to comprehend the Cognitive Dissonance, and the perils of defying the scale. His post is called, “Celebrities make it official: Pick Trump or Us!”

He relates…

Eminem appeared at the BET Awards this week to do more than plug his new album. He unleashed a four-plus minute rap against President Trump…

That’s hardly worth a news item alone. Virtually every player at every level of the entertainment world is against this Commander-in-Chief. Trump…A few have wished him dead in colorful ways. Eminem didn’t go that far. Instead, he turned some of his ire against Trump towards those who support the president:

“And any fan of mine who’s a supporter of his

I’m drawing in the sand a line: you’re either for or against

And if you can’t decide who you like more and you’re split

On who you should stand beside, I’ll do it for you with this:

Fuck you!”

The next night, “Late Night“ host Seth Meyers praised the rapper’s “powerful” rant-rap, and then said:

“And I was inspired by that, so tonight, I say to any fans of this show who are also big fans of Donald Trump, it’s time to make a decision,” said Meyers. “Get off the fence. Do you support him or do you support this show, that constantly mocks and denigrates everything about him? I know it’s a tough call, but the time has come to make a decision. Now, I’m not much of a rapper, but here it goes. My name is Seth and I’m here to say, if you like Trump, then go away.”

Then Meyers ended by flashing his middle finger.

Nice. Also incredibly arrogant,  stupid and ignorant. Whatever Donald Trump’s status on the public’s cognitive dissonance scale …

…was before November 8, it was a lot better after. The Presidency is high on the scale for the vast majority of Americans, because the Presidency, no matter who occupies it presently, carries the respect and prestige of all of the former Presidents, including Washington, Lincoln, the Roosevelts, and yes, Obama. That yanks a new President up the scale, and hard. Part of the assault on Jefferson, Jackson, Lincoln, Washington and Madison by progressives consciously or unconsciously seeks to counter this effect by tearing down the office—yes, “the resistance” would destroy the institution of the Presidency to save it—, but it doesn’t matter. The power of the office can’t fall far enough or fast enough to pass Seth Myers or Eminem on the lower rungs. These ludicrously confused semi-celebrities, just like the NFL stars that most people couldn’t pick out of a line-up, really think choosing between them and the President, the flag and the United States of America—you see, that is the team—and their minuscule and trivial personas is an easy choice. It is, but not the choice they think. When Trump wrongly injected himself into the foolish NFL kneeling protests, the players actually believed that if they showed “solidarity,” NFL would choose them over the President of the United States.

Brilliant.

2.  Yesterday, the FBI confirmed that James Comey indeed drafted his July 5, 2016 statement declaring that Hillary Clinton’s official and classified email machinations did not quite violate the law two months before he made it, and before Clinton had even been interviewed on July 2, 2016.

I initially was inclined to give Comey the benefit of the doubt here, but especially following on the heels of  the FBI  “discovering” last week 30 pages of documents related to the strange 2016 tarmac meeting between former President Bill Clinton and former Attorney General Loretta Lynch while the investigation of Bill’s wife was at a critical stage, I have to revise my opinion. Before the election, Comey’s FBI denied that any such documents existed. Are serious people really going to keep claiming that the President firing Comey was “obstruction of justice”? Increasingly it looks as if Obama’s keeping him in office was a travesty of justice. Or Justice.

 

The release of Comey’s prescient draft confirms information that Senator Chuck Grassley, chairman of the Senate Judiciary Committee, and Senator Lindsey Graham, a member of that committee, disclosed in a letter to new FBI Director Christopher Wray in August.  The Senate Judiciary Committee is reviewing Comey’s conduct as director and President Donald Trump’s firing him in May.

Some analysts are defending Comey, but that seems to be an increasingly forced exercise. “To me, this is so far out of bounds it’s not even in the stadium,” Chris Swecker, who retired from the FBI in 2006 as assistant director for the criminal investigative division and acting executive assistant director for law enforcement services, told reporters. “That is just not how things operate…. It’s built in our DNA not to prejudge investigations, particularly from the top.” Ron Hosko, an assistant FBI director under Comey, said that while drafting statements is not unusual, having such drafts include conclusions regarding matters that have not been thoroughly investigated is:
Continue reading →

Your Harvey Weinstein Ethics Train Wreck Update, With The Ethics Quote Of The Week From Screenwriter Scott Rosenberg

/ Jack Marshall / 61 Comments

In 2009, after fugitive cinema auteur/child rapist Roman Polanski was arrested by Swiss police following a request by the U.S. Justice Department that he be extradited to serve his sentence, Harvey Weinstein authored an op-ed arguing  that  “Roman Polanski is a man who cares deeply about his art and its place in the world.” The article dismissed Polanski’s rape and sodomizing of a 13-year-old actress as “a so-called crime.”

 Weinstein then signed am infamous petition for Polanski, along with many Hollywood celebrities.

Last week, Academy Award-winning British actress Emma Thompson appeared on the BBC to  denounce Weinstein’s conduct.  Newsnight’s Emily Maitlis asked her, since she felt so strongly about sexual assault, why she had signed the Polanski petition.

No, I have not heard or read that any U.S. journalist has had the courage or integrity to ask the question of other actresses who have similarly flip-flopped.   Thompson she said she had signed “without really thinking about it . . . I had been absolutely bamboozled by my respect for his art.”

Sure. Emma, that explains it What woman doesn’t sign a “Forgive the rapist” petition without thinking about it?

2.  Hollywood Screenwriter Scott Rosenberg took to Facebook to post a provocative exposition on his early days at Weinstein’s Miramax Films, with a tough kicker: “Everybody fucking knew.” If everybody fucking knew, is it really believable that the Clintons, the Obamas, the other Democrats who gleaned millions from Harvey and Harvey’s connections, and the journalists that never exposed him at the cost of undermining their favorite party didn’t know?

No. It isn’t believable.

Here’s Rosenberg: Continue reading →