The Sunday Morning Horror: ABC Shows Us Why Ethical, Perceptive Voters Are In Despair

this-week-with-george

You have to congratulate ABC’s This Week with George Stephanopoulos today for managing to demonstrate, within a 45 minute span, everything that is currently wrong with the Presidential race, and the current front-runners:

First George interviewed Donald Trump, who, as always, said nothing of substance, declared that what he would do as President would be wonderful, gave no specifics whatsoever about how he would “be great for the blacks, bring all those jobs back from China,” and showed that his versions of law, logic and ethical reasoning are infantile…BUT did it with cockiness and flair, which is apparently good enough for millions of people. He  mainly rambled on about how Chief Justice Roberts has been “a disaster,” demonstrating that he assesses judges like interior decorators: if you like the result, they did a great job. Trump cited Ted Cruz’s support for Roberts’ nomination, and  Stephanopoulos didn’t have the wit to point out that Cruz wasn’t elected to the Senate until 2012, whereas Roberts was confirmed in 2005.

Actually, the Cruz-Roberts connection is that Cruz recruited Roberts, whom he knew as a Supreme Court law clerk, for George Bush’s legal team during the 2000 election controversy. Bush won that election, you will note, so in that case, Roberts seems to have been a good choice. I suspect that history will look at Roberts as an unusually skillful Chief Justice who managed to keep an unusually fractious court in line, and squeezed a lot of unanimous decisions out of a group that easily could have been dysfunctional.

When the host pointed to an old video in which Trump appeared to endorse the concept of “New York values,” Trump repeated his stunt that worked so well during the debate, waxing on about the city’s response to 9-11. I can understand why Cruz didn’t make this point, but a competent interviewer is obligated to: “Wait, sir, are you saying that New York City reacted any differently or more courageously to that tragedy than Charleston responded to the church shooting or the people of Oklahoma City responded to its bombing? Surely you know that Sen. Cruz was talking about liberal social values, not typical American resilience in the face of tragedy?” Continue reading →

Ethics Dunce: RedState’s Moe Lane, Cheap Shot Artist

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Bernie Sanders, or most likely someone on his staff since I doubt that the Bern is a micro-manager, made his campaign look foolish by sending Wikipedia a DMCA take-down notice demanding that Wikipedia remove  images of Sanders campaign logos on its Sanders page, on the dubious grounds that such use was a violation of copyright law. More embarrassing than the specious copyright complaint is the rather obvious fact that a campaign should want Wikipedia to publicize everything about it. The complaint, to be blunt, was dumb. (The take-down notice was retracted in short order.)

Moe Lane is a fairly nasty right wing blogger, and he gleefully reported Sanders’ Shame, which is certainly fair game for critics. He could not, however, resist this cheap shot headline:

Bernie Sanders yells at Wikipedia, cloud over… campaign logos?

If you don’t get the reference, it’s this: Continue reading →

Ethics Heroes: The Orleans Public Defenders

foldersWhen is it your ethical duty to refuse to do your job? Here is one example.

The Orleans Public Defenders office finally decided to force the issue of under-funding for the defense of indigent criminals in the city, announcing last week that, as Chief Defender Derwyn Bunton warned nearly two months ago without any official response, it will begin refusing to handle serious felony cases in which defendants face lengthy or life sentences. Such cases include murder, attempted murder, forcible rape and armed robbery.

The office either needs more funding or reduced caseloads. The city must provide a lawyer for those charged who cannot afford counsel (The 6th Amendment and the Supreme Court insist) , but like almost every city in the nation, the funding for the New Orleans public defenders service is pitiful. With an inadequate staff of lawyers who must handle more cases than it is possible to defend competently, this creates both a Constitutional crisis and an ethical one.

Defense lawyers, like all lawyers, must do a competent job. The professional ethics rules require attorneys to control their workloads: Comment 2 to ABA Rule 1.3, which corresponds to the Louisiana rule, states that a lawyer’s workload “must be controlled so that each matter may be handled competently.” Most public defenders offices know that their clients’ right to representation is being compromised by under-funding, but choose to soldier on, doing the best they can. Several years ago, one office even argued that their clients had “consented” to less than competent representation, because the alternative was no representation at all.  (The court did not agree.)

The American Bar Association addressed this problem in a formal opinion, and wrote, Continue reading →

Diversity vs. Integrity: The 2016 Oscar Nominations

All white Oscars

When I began to watch the televised announcement of the Oscar nominations, I was prepared for a wave of minority nominations. After all, the Academy for Motion Pictures Arts and Sciences was lambasted last year for the absence of African American nominees, and with the Academy stuffed with knee-jerk, left-wing, Democratic donors, I assumed that last year’s criticism would prompt the voters to place an affirmative action thumb hard on every scale. To my amazement, I was wrong! For the second year in a row, all 20 nominees in the acting category were white. The only  nonwhite nominee was for Best Director (Alejandro G. Iñárritu).

This tells me that the Academy Awards, though they may be influenced by so many biases that the final awards—except in rare cases where a performance was so outstanding that nobody could argue with the choice without looking silly—are meaningless as credible determinations of merit, have integrity. They are not “fixed.” The Academy, whose chair is a black woman, would have loved to have a large, or even a small group of black nominees to be able to show more  diversity. The awards, however, are supposed to be based on artistic merit, not EEOC targets. It looks like the Academy’s members voted that way. Good for them.

Oh, naturally, Chris Rock (the Oscar night host—do you really think the Academy would have engaged his services if it didn’t want and assume plenty of black nominees?) has been launching verbal grenades, and Al Sharpton, the renowned film auteur, is calling for a boycott (“when the only tool you have is a hammer…”).  In the end, however, the complaint of black activists is self-defeating and hypocritical Continue reading →

Comment of the Day: “In Search Of A Tipping Point: Trump, The Microphone, And Thomas Dewey’s Ghost”

Trump mic

Ed Moser, a sound designer, technical director and all-around theater pro (he produced and designed sound for my recent staging of “Twelve Angry Men”…he’s also a friend), enlightens us with some insider observation relevant to Donald Trump’s recent denigration of a sound tech. It also reveals an unattractive side of an earlier GOP presidential candidate. Here is Ed’s Comment of the Day on the post, In Search Of A Tipping Point: Trump, The Microphone, And Thomas Dewey’s Ghost:

I have a friend who engineered the sound for a large church back when McCain was a candidate. He visited the church for a “town meeting”.

My friend locked all the unused gear away, and for the event distributed only freshly batteried hand held wireless mics for the event with screw on caps on the bottom. Such caps are specifically designed to prevent clumsy performers from accidentally touching the controls on the bottom of the mic– where one could turn the mic off, change the battery, or worst of all, change the frequency. Then color coded the mics with bright spike tape, so that while he was at the sound board he could instantly tell which mic/channel he was dealing with.

The plan was for McCain to give a speech, then take questions from the floor. Runners would carry one of three hand helds to the person with the query, so the question could be heard throughout the house. There was a fourth back up.

If all of this sounds pretty standard for people who know what they’re doing and have done many such events before: well, it is.

That evening, during the event, the question and answer session occurs. The first mic, it develops, is dead. A quick check reveals that ALL FOUR are dead. Irked at having to come the the edge of the stage and get close to an actual person to hear an actual question, or perhaps just trying to infuse humor at an awkward moment, McCain points to the back of the house, right at my friend, and says to the crowd, “Fire that guy!”

He gets a laugh. Except from my friend, of course.

Continue reading →

Ted Cruz’s Sarcastic Non-Non-Apology Apology

What do George Costanza and Ted Cruz have in common?

What do George Costanza and Ted Cruz have in common?

Responding to the Big Apple uproar over his denigration of “New York values,” Ted Cruz offered what must be regarded as the epitome of a non-apology apology, except that since he used the apology to make it clear that he believes that he had nothing to apologize for. He also used his masterpiece to extract the New Yorkers who he felt were victimized by “New York values,” thus refining his original attack.

Heeeeere’s Ted:

So, today, Donald Trump and Hillary Clinton and Governor Andrew Cuomo and Mayor Bill de Blasio of New York City all demanded I apologize….Who am I say to no? I will apologize. I apologize to the millions of New Yorkers who have been abandoned for years by liberal politicians. I apologize to all the hard-working men and women in New York who like to have jobs, but Governor Cuomo banned fracking, so they don’t get the jobs the people of Pennsylvania have. I apologize to all the New Yorkers who are pro-life, pro-marriage and pro-Second Amendment, who were told by their governor — Governor Cuomo — that there is no place for them in state of New York because that’s not what New Yorkers believe. I apologize to all the small businesses that are fleeing New York City because of the crushing taxes and regulations that are making it impossible to survive. I apologize to all African American and Hispanic school children that Mayor de Blasio tried to throw out of their charter schools that were giving them a lifeline and a chance at the American dream. And I apologize to all the cops and all the firefighters and all the 9/11 heroes who were forced to stand up and turn their backs on Mayor de Blasio because over and over again, he sides with the looters and criminals instead of the brave men and women.

Now I hope that was the apology they were looking for.

Continue reading →

There’s Nothing To Do About This, But “13 Hours” Is Unethical

13-hours-poster-image-2015

“13 Hours,” directed by Michael Bay,dramatizes the Sept. 11, 2012 attack on the Benghazi consulate in Libya, a tragedy, and also the center of an ongoing controversy over Clinton’s tenure as Secretary of State and her truthfulness. The movie hits theaters today,  two weeks ahead of the Iowa caucuses.

“The release of ’13 Hours’ will re-start the conversation over Benghazi and introduce a whole new audience to the events of that night,” says Brian O. Walsh, president of Future45, a conservative, Clinton-hating super PAC.  “Coming just weeks before the first votes are cast and in the form of a major motion picture from Hollywood, the timing couldn’t be worse for Secretary Clinton.”

He’s right. I haven’t seen the film, but the subject matter is bad enough. It is brutally unfair and an abuse of its influence and power over public opinion for Hollywood to release a feature film distorting a relevant historical event during the run-up to a national election. Doing so turns entertainment into propaganda, and confuses an already bewildered, ignorant and intellectually lazy public. It is irresponsible. Continue reading →

Now THIS Is Ethical Estoppel…

Daily News CruzNow and then you may read here that someone is “ethically estopped” from making an argument that otherwise would be valid. The term derives from the legal concept of estoppel, the principle that precludes a person from asserting in a legal proceeding something contrary to what is implied by a previous action or statement of that person or by a previous pertinent judicial determination.

If you want an example of how I apply estoppel in an ethics rather than a legal context, look no further than New York Governor Andrew Cuomo, who decided to grandstand over Ted Cruz’s cheap shot about Donald Trump’s “New York values.” Cuomo puffed himself up with indignation, and after Cruz defined New York values as “socially liberal, pro-abortion, pro-gay marriage,  and focus around money and the media.” Cuomo demanded that Cruz apologize, saying…

“I’m always open to give him an education on what New York values are all about. And if he had any class, he would apologize to the people of New York. Not that I believe they need it or they want it. But if he had any class, he would apologize.”

Cruz was wrong to make such a statement, but Cuomo eliminated himself from the huge pool of Americans who were entitled to call for his apology, since two years ago, Cuomo himself declared the same dichotomy Cruz was asserting, and even more unethically.Then he said, of conservative Republicans,

Continue reading →

Ethics Exercise: What’s Ethically Wrong With Sybrina Fulton’s Endorsement Of Hillary Clinton?

Author above...

Author above…

Sybrina Fulton is Trayvon Martin’s mother. Here is the entire article, published on CNN’s website:

Today, throughout many communities of color, our young people go about their lives feeling as if they are a target in their country. It’s become a sad fact of life that senseless gun violence can strike with little or no warning, either from neighborhoods that have become flooded with firearms, or police who are too quick to resort to deadly force.

Gun violence is an epidemic that kills 33,000 men, women, boys and girls every year. On top of those needless deaths, law enforcement agencies in America kill more people in a month than many other countries’ police forces kill in years. When those precious lives are taken, it forever tears apart the lives of thousands more — the friends and families who loved them, and who always will.

Losing a child is any parent’s worst fear. As a mother who has had to live that horrible nightmare in a very public spotlight, I hope that by speaking out, it will help focus some of that light onto a path that can help our nation find its way out of this darkness.

Last week, President Barack Obama took some important steps that included strengthening the background check system for purchasing guns without diminishing our Second Amendment rights. I was glad to see these actions put in place, and was moved by the tears of not just our President but of a father who clearly understands my anguish.

But next year we will have a new president. And everything Obama has done — even common-sense reforms that a majority of gun owners agree with — will be overturned if that president is a Republican. In fact, the Republican candidates have vowed to roll back all of these sensible measures. And many of them have shown open contempt for the simple notion that Black Lives Matter.

With so many of our children’s lives on the line or taken, we simply can’t afford to elect a Republican who refuses even to acknowledge the problem of senseless gun violence. The rising generation of our young people need a president who will stand up to inaction from Republicans and indifference from the National Rifle Association.

I believe that person is Hillary Clinton.

I know Clinton is tough enough to wage this fight. I’ve seen her do it for years. As first lady, she advocated for the Brady Bill and convened meetings on school violence. As a senator, she voted to extend the assault weapons ban and against an immunity law that protects irresponsible gun makers and dealers from liability.

In spending some time with her in person, I also found a mother and a grandmother who truly heard me, and understood the depth of my loss.

She knew all the statistics. But like so many, I’ve long since grown numb to the numbers. So instead, we talked about Trayvon and other families who have lost a loved one to gun violence. We talked about all of the wishes and hopes we had for their lives. And knowing we can never get them back, we discussed how to prevent more moms from losing their sons to gun violence.

Clinton will uphold President Obama’s recent executive actions, and then she’ll go even further. Her plan focuses on reforms that would help keep more guns out of the hands of criminals. It would finally close the gun show loophole, and the outrageous provision that allowed someone with an arrest record to buy the gun used to shoot and kill nine parishioners at the Emanuel AME Church in Charleston, South Carolina.

I agree with the President: We should only support leaders that fight for common-sense gun reforms. Clinton passes that test.

Just as importantly, Clinton also wants to address the larger, systemic problems. She has a plan to begin to heal the distrust and divide that too often exists between law enforcement and the communities they serve.

She has called for key reforms — from better training for officers to eliminating racial profiling and investing in body cameras for every police department. She sees what I see: a criminal justice system that is not always just. A system that has contributed to creating a reality where just selling cigarettes, playing loud music, looking at a cop the wrong way or walking home from the store are now activities that can get you killed.

If you look at the numbers, America is missing 1.5 million men of color — lost to a system of violence and mass incarceration that seems to have long since forgotten them, but we haven’t.

Not only am I missing my son, but too many other moms like me are missing their sons — Eric Garner, Jordan Davis, Laquan McDonald, Freddie Gray, Michael Brown, Oscar Grant, Sean Bell, Tamir Rice. As their mothers, we must do more than just cry. And all of us must do more than speak out, protest and march.

We must vote!

Ethics fouls: Continue reading →

Eleven Ethics Observations On The Fox GOP Presidential Debate In South Carolina

The moderators...

The moderators…

1. Last night’s Fox News debate was the most ethical,  and generally the best of them all so far, in either party.

2. Rand Paul’s boycott of the so-called “undercard” debate reveals his arrogant nature. Chris Christie was demoted for one round, didn’t complain, participated, did well, and came back to the main event. Rand thinks he’s more qualified to be President  than Carly Fiorina, Mike Huckabee and Rick Santorum. Well, then, show us. Paul, in one complaint, proudly pointed to the fact that he’s the only GOP candidate who wants to legalize drugs and return the U.S. to isolationism as the world burns.  Yes, and this is why you’re not on the main stage, Senator. This is called “answering your own question.”

3. A group of Paul supporters started chanting his name at one point, causing Neil Cavuto to pause and look bemused. Oddly, Donald Trump did not command that their coats be confiscated.

4. Early on, both Bush and Marco Rubio pointed out—since the news media is still trying to soft-peddle it—that Hillary Clinton’s legal problems are serious, and that her lies about her e-mail and Benghazi should disqualify her for national leadership. Good. Continue reading →