Author: Jack Marshall

The D.C. Bar’s Legal Ethics Proceedings Against Rudi Giuliani: I’m Confused

/ Jack Marshall / 43 Comments

I confess: I find the reports of the recent hearing before the D.C. Bar’s Board on Professional Responsibility bizarre, the intensity of the prosecutor ,Hamilton “Phil” Fox III of the  Bar’s Office of Disciplinary Counsel surprising, and demand that Giuliani be disbarred surprising. I am limited as to what I can discern from these reports, and to some extent it’s my own fault: until now, I was not aware that such hearings were streamed online, so I could have watched this inquiry live two weeks ago. I can’t now, because one can only watch the broadcasts live; they are erased after they are completed. Good to know, but it’s too late for me to make a first hand analysis.

Among other things that confuse me is why the Washington Post assigned a non-lawyer (and definitely a non legal ethics specialist) to cover the hearing and write the story. That explains the infuriating vagueness of the reporting, as in the repeated explanation that Giuliani is being accused of “misusing his law license.” I know the D.C. Rules of Professional Conduct pretty well, as I’ve taught it for over 25 years: “Misusing a law license” doesn’t appear there. Nowhere, including in the Post, can I find the specific rule or rules that the former New York City mayor and prosecutor allegedly violated. There has to be a rule. In New York, Giuliani’s license was suspended on a court’s determination that he  made “demonstrably false and misleading” statements that widespread voter fraud undermined the 2022 election.

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Baseball, Beanings and “Systemic Racism”

/ Jack Marshall / 1 Comment

In the latest issue of the SABR’s Baseball Research Journal, Jerry Nechal decides to finally investigate the conventional wisdom that pitchers deliberately threw at black batters after Jackie Robinson broke the color line in 1947 for an extended period. In the film “42,”  Pirates pitcher Fritz Ostermueller is shown verbally abusing and then deliberately throwing at Robinson.One of Ostermueller’s teammates confirmed the pitcher’s intentions years later in an interview, and there are other anecdotal accounts regarding other pitchers as well.

Like most research aimed at proving a particular thesis with social and political implications, Nachal’s effort was threatened by many forms of statistical pollution, prime among them being researcher bias. The task Nechal set out for himself was daunting; among other obstacles, standard baseball statistics don’t identify the races of players. Ultimately he relied on a previous study’s breakdown, and used a definition of “black” that excluded Hispanic and Native American players, which also meant that if those players were also thrown at more frequently than “whites,” it would distort the study results. Then there was the problem of accounting for deliberately close pitches that didn’t actually hit a batter. These  were unrecorded and unmeasurable until very recently. The study had to be based entirely on batters who were hit by pitches and got a free trip to first base if not the hospital. Continue reading →

Still More Twitter Ethics: Musk’s Cynical Poll And Another”Twitter Files” Summary

/ Jack Marshall / 14 Comments

Ugh. The 6th installment of the “Twitter Files,” this one tweeted out by Matt Taibbi (your host just had to copy and paste 31 damn tweets together to be readable, always what I love doing before a cup of coffee on a Saturday morning. This might have something to do with why I just spilled orange juice on my modem…You’re welcome.). It is the most alarming of the installments so far. I can’t wait to read how the Washington Post and the other complicity proto-totalitarians in the news media try to spin this one as a “nothingburger.” It is a given that the main methodolgy will involve simply not reporting on it, as has been the primary response to the earlier “Twitter Files” revelations via substack’s rebel journalists. Let’s see: I haven’t checked today’s digital Times yet: Any mention?….

NO!

The only mentions of Twitter involve Musk’s suspension of journalists (BAD Musk!) discussed here yesterday. The embargo on the Twitter revelations are at least as sinister and outrageous as the Hunter Biden laptop media/social media conspiracy; I confess that I’m surprised at the audacity of the Times and the rest (almost everyone but Fox News and the New York Post, and the conservative websites. Well, the ethics blogs, of course)

A few observations before you commence your assignment as an informed citizen:

  • Musk cagily backtracked on the suspensions using the “poll” devise he employed to justify restoring Trump’s tweeting privileges. He was facing threats by the EU (it was going to be expensive and time-consuming to tell the Europeans “bite me,” though that’s what they deserved and it may have occured to him that Ethics Alarms was right: the banning of so many progressive reporters looked like payback even if it were justifiable. Musk can’t run Twitter by poll, though, if he is truly devoted to promoting free and open public discourse.
  • The past seven years (or more) make the conclusion unavoidable that the FBI is untrustworthy, partisan, corrupt,dangerous, and a threat to undermine the Republic. That is not a news that easy to process or accept, but it can’t be ignored or shrugged off any more.

  • In a complete reversal of positions from what was routine in my youth, Republicans are targeting the FBI for criticism and investigation while Democrats appear to be saying by their silence, “What’s the big deal?” The Republican House Judiciary Committee account tweeted, “Does anyone still trust the FBI?” (“republicans pounce!”)  Sen. Josh Hawley (R-Mo), speculated that  the FBI’s alleged interactions with Twitter could suggest they were working with Google and Facebook as well. Gee, yah think?

  • Again, because it can’t be over-stated, the mainstream media is deliberately trying to keep the public in the dark about all of it.
  • But the major effect of this seems to be only the further erosion of public trust in the news media. The truth is out there, as Mulder and Scully would say, and it’s sinking in. The December Harvard CAPS / Harris Poll  finds that nearly two-thirds of voters believe Twitter shadow-banned users and engaged in political censorship during the 2020 election. Seventy percent of voters want new national laws protecting users from corporate censorship.
  • What is described below is, in fact, the U.S. government violating the First Amendment by proxy:

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Comment Of The Day: “A Language Ethics Quiz: Regarding ‘Groomer’”

/ Jack Marshall / 21 Comments

And now an important word from Mrs. Q that I wish could be circulated and read far and wide, on the post, A Language Ethics Quiz: Regarding “Groomer.” (I’ve just got to find a way to get more readers here. I’m sorry, Mrs. Q. You deserve better.)

***

Gays Against Groomers is not a conservative group at all. The people in GAG are mostly gay or trans and stand against sexually inappropriate indoctrination of youth as well as against modifying the bodies of kids in the name of gender theory. This group has been denied services from several companies including payment processing and merchandise makers.

GAG’s crime, of course, isn’t that they’re “conservative” but that these renegade gays and trans citizens aren’t going along. In the world of progressivism, not knowing your place as a minority is even worse than being conservative. This is why people call GAG an “anti-gay transphobic hate group”— which of course makes no dang sense.

The Department of Justice has used the word Groomer for years. I read some of the DOJ’s reports on school grooming by teachers and other staff. This has been an unsaid issue for decades. The difference now is that the grooming is more diffuse in schools and done by woke staff who don’t see any issues down the road with exposing kids, including LGBT kids, to sex and gender identity concepts that are not age appropriate and that should be discussed with parents first.

Yes, this is grooming because such exposure seeks to eliminate innocence and circumvent parental moral teaching.

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Friday Evening Ethics Festival, 12/16/2022:

/ Jack Marshall / 8 Comments

What a failure today has been, and all I was absolutely determined to accomplish was getting the lights on the tree…

1. NOW he’s figured it out..Former Twitter CEO and co-founder Jack Dorsey, weenie that he may be, has now figured out how Twitter should operate. He has penned an interesting piece full of regrets and second thoughts, containing these proposed core Twitter principles for the future. He begins his reflections,

There’s a lot of conversation around the #TwitterFiles. Here’s my take, and thoughts on how to fix the issues identified. 
I’ll start with the principles I’ve come to believe…based on everything I’ve learned and experienced through my past actions as a Twitter co-founder and lead:
  1. Social media must be resilient to corporate and government control.
  2. Only the original author may remove content they produce.
  3. Moderation is best implemented by algorithmic choice.
The Twitter when I led it and the Twitter of today do not meet any of these principles. This is my fault alone….
 
Gee, I don’t know what he’s making such a big deal about: the mainstream news media still doesn’t think the Twitter Files are worth reporting….

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Ethics Observations On Musk’s Blitzkrieg Twitter Account Bans

/ Jack Marshall / 20 Comments

Interesting.

Twitter (aka Elon Musk) suspended the accounts of journalists from CNN, the New York Times, The Washington Post and other news sources yesterday, without warning and initially without giving any explanation.

Later last night, Musk tweeted, “Any account doxxing real-time location info of anyone will be suspended, as it is a physical safety violation. This includes posting links to sites with real-time location info. Posting locations someone traveled to on a slightly delayed basis isn’t a safety problem, so is ok.”

This morning, however, there was still confusion over whether all of those suspended had engaged in doxxing.

Observations:

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A Christmas Music Ethics Spectacular, Final Chorus: Updates And Unfinished Business!

/ Jack Marshall / 20 Comments

These songs each fall into a special category, so I saved them for last:

E. Creepiest totalitarian lyrics to a Christmas song that was already bad

That would be the 1977  duet between Bing Crosby and David Bowie singing “The Little Drummer Boy.” In Bing’s last (and posthumously broadcast) TV Christmas special, he sang “The Little Drummer Boy” while  Bowie sang something that sounded like John Lennon on a bad day about world peace blahtattty blah in counterpoint.  I found the song retchworthy when I saw it in ’77, but some people actually like it, perhaps because of the spectacle of the greatest American popular music auteur singing with a much younger pop music icon.

Here are the lyrics of Bowie’s section:

Peace on Earth, can it be
Years from now, perhaps we’ll see
See the day of glory
See the day, when men of good will
Live in peace, live in peace again

Peace on Earth, can it be
Every child must be made aware
Every child must be made to care
Care enough for his fellow man
To give all the love that he can

I pray my wish will come true
For my child and your child too
He’ll see the day of glory
See the day when men of good will
Live in peace, live in peace again.

The couplet,

Every child must be made aware
Every child must be made to care

is, I wrote in 1n 2018, ” insidious, creepy, totalitarian, arrogant, and redolent of what we are currently seeing in the schools, with various state and media-approved thought-control efforts…in lesson plans.” Yes, let’s make children care about peace, banning guns, banning fossil fuels, permitting abortion, LGBTQ rights. Make them care about what their programmers care about. I didn’t expect much out of Bowie, but it was Bing’s show, and he didn’t 86 those lyrics as he should have, perhaps because Bing, at least when raising his first family, was big on “making children care” about what he wanted them to care about by physical force if necessary.

F. Most unfairly maligned non-Christmas song played almost exclusively at Christmas

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A Language Ethics Quiz: Regarding “Groomer”

/ Jack Marshall / 33 Comments

Conservatives have been using the word “groomer” this year to describe advocates of teaching school children (as young as third grade in some cases) about LGTBQ sexual practices and relationships, while presenting them in a positive light. Targets of the word have ranged from defiant LGTBQ teachers exposed by The Libs of TikTok, to libraries promoting drag readings for kids, to the advocates for “gender-affirming therapy” for teens and younger without parental approval, to Disney’s recent obsession with injecting gay sexual issues into its films and TV offerings.

R.L. Stoller objects. He says he is a “child liberation theologian” (?), and a child and survivor advocate with “a Masters in Child Protection”—okey-dokey, let’s take that as genuine authority arguendo. He objects to the use of “groomer” in the current trend, writing in part,

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Riddle Me This: How Is The Republican National Committee Like Black Lives Matters?

/ Jack Marshall / 8 Comments

Like all good riddles, this one has more than one answer, though none of them are funny. Ironic, perhaps. Infuriating, surely. Nauseating, absolutely.

The first answer is that both misappropriate money donated to them by passionate supporters who foolishly trusted their leadership and staffs to use the funds to accomplish the organizations’ promised mission. Another answer is that the unethical betrayers of trust in both organizations will fall back on Rationalization #13. The Saint’s Excuse: “It’s for a good cause” to try to justify and minimize their betrayal.

The GOP’s resounding flop in the recent mid-term election despite conditions that historically have guaranteed a large number of Senate and House victories to the advantage of the party not holding the White House has donors asking questions and pointing fingers. The conservative website RedState acquired a report dated October 7, 2022 that examined the RNC’s 2021-22 spending up to that time. What it shows is an unethical, incompetent, unprofessional untrustworthy non-profit organization that took millions in donations it solicited with promises of turning them into national policy and regime change and wasted millions on the whims and comfort of its managers instead.

The report calculated expenditures of more than $500,000 in private jet expenses, $64,000 at clothing retailers, and $321,000 in floral arrangements, among other details. Here is the full list—remember, this is only for the 2021-2022 cycle:

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