Author: Jack Marshall

Are Joe Biden’s Media Defenders That Stupid? Do They Think The Public Is That Stupid? Is The Public That Stupid?…And Other Ethically Relevant Questions

/ Jack Marshall / 17 Comments

1. Here is the cutline from the New York Times editorial this morning, as the situation in Afghanistan worsens by the minute: “The U.S. should nudge the Taliban toward inclusivity, not root for their failure.” No, I’m not kidding.

In the letters section, there is no mention of Biden’s lies, his embarrassing bluster, or Afghanistan at all. The other op-eds? Charles M. Blow thinks the most important issue this week is “The Anti-Gay Agenda.” Paul Krugman is concerned that Californians may “throw away” the Leftist paradise bestowed on them by the Democratic Party—you know, a land where shop-lifting isn’t a crime, illegals are legal, and up is down (and vice-versa). (I did not read the column.) The third op-ed is about the threat to a mother’s right to kill her unborn child.

Hey, no need in joining all of those racist/sexist conservatives on Fox News in falsely claiming that the Afghanistan exit is a multi-dimensional human and political catastrophe! One of the ways the media circulates fake news is by how it prioritizes stories and buries developments unhelpful to their favored political party.

2. Eugene Robinson, the African-American Washington Post columnist who is both a Democratic Party hack and an embarrassingly mediocre analyst, writes of the unfolding chaos,

“That is tragic. But it would be true, I believe, whenever and however the U.S. mission ended. The images we’re seeing from Kabul are shocking, heartbreaking and embarrassing. But the real stain on our national honor was in making promises to Afghans that we never had the intention or even the ability to keep. Twenty years of U.S. blood and treasure gave Afghanistan not a secular democracy but its flickering illusion. And history will see this withdrawal, painful as it is to watch, not as ignominious but as inevitable.”

See? Just mouthing a talking point that has been decided upon by the Democratic Praetorian Guard, and that everyone in its media orbit has been instructed to parrot. I’d read the Post reader comments, but that shredder is already looking inviting to my head; I don’t want to take the chance. But I will say, “I told you so!” Remember? Althouse commenter Big Mike knocks Robinson’s garbage out of the park far more effectively than Althouse (this is why she tried banning commenters), writing:

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Shameless Self-Promotion Dept: “Legal Ethics Serenade”

/ Jack Marshall / 1 Comment

mike-messer

Tomorrow at 9 am, I’ll be launching the latest ProEthics musical CLE (Continuing Legal Education) seminar for the New Jersey State Bar. It’s called “Legal Ethics Serenade,” and is being zoomed. As with my other musical presentations, the great Mike Messer accompanies himself on guitar and occasionally other instruments as he belts out parodies of rock and pop classics retooled to raise complex legal ethics issues. Mike has been my muse for more than a decade. This time, he’ll be doing versions of “I’m a Believer,” “Oh Darling,” “Hello Mary Lou!,” “50 Ways to leave Your Lover,” “I’d Like To Teach The World To Sing,” “Why Don’t We Di It in the Road?,” Elvis’s “Are You Lonesome Tonight?,” “You Were Always On My Mind,” and “Take Good Care of My Baby,” all followed by legal ethics musings by me, and, I hope, lively debate.

If any readers are New Jersey lawyers in search of ethics credits, the information is here.

We now return you to our usual programming…

Ethics Hero: UConn Student Isadore Johnson

/ Jack Marshall / 2 Comments

Isadore Johnson

There is hope.

The University of Connecticut has had a free speech-hostile policy since 2017. It reads in part,

“The University of Connecticut is permitted to, and will, limit expression in order to protect public safety and the rights of others.This includes expression that is defamatory, threatening, or invades individual privacy. Protected speech may also be reasonably regulated as to the time, place, and manner of the expression.”

It needs to go, and senior Isadore Johnson, a founder of UConn’s Students for Liberty (SFL) chapter wants to help get rid of it. Speaking with the libertarian magazine “Reason,” he told writer Ella Lubell.

“I think many universities, including UConn, take it for granted that students appreciate the protections and values of open discourse and discussion. Many students do not, and it is incumbent on the university to clarify and explain such values so students know what rights are protected. The right to argue vigorously and sometimes offensively is part of our civic culture, and students ought not be protected against that.”

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Ethics Verdict: “Surrenderer-In-Chief” Is Unethical And Inexcusable

/ Jack Marshall / 36 Comments

Yes, the newly-released video makes many fair and legitimate points. Yes, Donald Trump has every reason to feel that this is tit-for-tat and “what goes around comes around” after the way his Presidency was ruthlessly undermined and sabotaged with the assistance of leaders of the Democratic Party.

Yes, he fights back and that is admirable, though responsible leaders know where to draw the line and Trump does not (and never has). Yes, Joe Biden and Democrats have virtually asked for this, and in many respects deserve it. Nobody should trust Biden or his party (or its current leaders) ever again. Yes it serves Joe Biden—Hillary Clinton—Nancy Pelosi—Chuck Schumer—Kamala Harris right, they and all of the liars and enablers in the news media who told the public that Joe Biden was a competent, able, trustworthy leader when he was not.

None of that matters. No President can function and do his job as leader of the United States if former Presidents second guess him, attack him and seek to turn the public against him while he is serving his term and is not running for office.

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Tales Of The Slippery Slope: Paroling Sirhan Sirhan

/ Jack Marshall / 5 Comments

RFK assass

Newly elected Los Angeles County District Attorney George Gascón issued a directive that his office’s “default policy” would be not to attend parole hearings and to submit letters supporting the release of some inmates who had served their mandatory minimums. Now Sirhan B. Sirhan, the convicted assassin of Sen. Robert F. Kennedy, will be a beneficiary of the policy as he faces a California parole board for the 16th time tomorrow. in a prison outside San Diego. Unlike the first 15 times, no prosecutor will oppose his release.

Sirhan is now 77. He escaped execution when California, being California, abolished the death penalty and his sentence was reduced to life with the possibility of parole. Instead of death, then, his punishment for murdering a possibly transformational U.S. political leader might be only 53 years behind bars. It could have been fewer: under the California law in effect when the assassin struck in 1968, a life sentence with parole would have made Sirhan eligible for release after only seven years. Now the parole board will evaluate him as an inmate who has had no disciplinary violations since 1972, and has expressed remorse, sort of: at one, “I have feelings of shame and inward guilt … I honestly feel the pain that [the Kennedys] may have gone through.” On the other hand, he has never expressly admitted his guilt and now claims not to remember shooting Bobby.

Funny, you’d think he would recall something like that.

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Morning Ethics Warm-Up, 8/26/2021: Should We Never Again Use “Never Again!” To Refer To Something That Never Should Happen Again…And Other Matters

/ Jack Marshall / 11 Comments

I’m not a big Liza Minelli fan, and for over a decade now she has been rather pathetic (perishing early, like her mother, can be a smart career move for some artists), but still: I wonder if her film-ending performance of the title number in “Cabaret” is the most exhilarating solo by a female singer in any movie. It’s substantially the way the song is directed (by Bob Fosse), of course, that makes it so effective, but even so: the moment is a great legacy for Liza even if everything else in her career fades from memory. Just as Saroyan was right that if one human being sings your song, you haven’t lived in vain, creating one unique moment that inspires or uplifts others is a gift to the world.

And Liza’s moment also is a tonic I turn to to get me ready to face the day when the prospect of thinking and writing about ethics makes me want to go back to bed. Like right now.

1. Wait, I thought Joe Biden was supposed to be a nice guy! In an article about Andrew Cuomo’s final days in office, I learned that President Biden, who is a “close personal friend” of the now ex-governor of New York, has not spoken to him since Cuomo resigned two weeks ago. What kind of “close friend” is that? Whether Cuomo was treated justly or not (he was), his life has fallen apart in chunks this month (and began doing so months earlier). This is when friends, real friends, are most essential, and also when fake friends show their true character. Joe Biden’s entire political career has been built on the assertion that he is, whatever other flaws he might have (like being a lifetime chowderhead), a good, loyal and trustworthy person. Well, he’s not. This is hardly the first evidence we’ve seen of that, but it’s signature significance.

2. Is saying something should never happen again really “comparing it to the Holocaust”? This is Thursday, meaning that I get a lot of substack newsletters from pundits who want me to subscribe to theirs. Craig Calcaterra, the baseball writer whose product I will not pay for untilhe stops filling it with opinions on things he knows no more about than most people, filled today’s free offering with (let’s see) 740 words of baseball analysis (not counting brief accounts of last night’s games) and 2, 326 words about Republicans he hates, Billy Joel albums. and, most of all, a local school board member where he lives who wrote on his Twitter account,

“And if we are to truly learn from our mistakes these past 18 months Just as Jews after the horrors of the Holocaust We must declare, and implement laws to assure “Never Again” . . .Never again should we delegate policy authority to those qualified only to provide narrow advice Never again should we willingly sacrifice liberty without objective proof of imminent harm, and an objective restoration plan — in advance . . . Never again should emergency government authority extend beyond 7 days without legislative consent, reconfirmed every 7 days Never again should we blindly follow experts, regardless of the initials after their name, if they don’t provide proof, show their work & admit error . . . Never again should we EVER sacrifice the needs of children to the unfounded fears of adults.”

The writer is Jewish, by the way. Calcaterra uses the “offensive comparison” as a version of ad hominen attack to excuse him from the task of rebutting the writer’s substantive arguments and appeal to emotion, which is why I would never evoke the Holocaust in such a context simply as a matter of advocacy strategy. However, the school board member wasn’t comparing the genocide of 6 million Jews to pandemic totalitarianism, but stating that similarly absolutist policy prohibitions are appropriate after what we have learned from the past year and a half. There are a lot of things the U.S. has done that deserve a “Never again!” label—electing an obviously progressive dementia case as President, for example. Critics of the label are obligated, though, to deal with the reasons for making that claim, and should not be allowed to get away with “How dare you insult the victims of genocide by comparing what befell them to electing Joe Biden!”

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The Baby On The Album Cover: Dumb Lawsuit, Valid Ethics Point

/ Jack Marshall / 8 Comments

Naked baby cover

Thirty years ago, Spencer Elden, age four months, was photographed by a family friend naked and floating in a pool at the Rose Bowl Aquatics Center in Pasadena, California. The striking and cute photo was then sold by his parents to be the cover of “Nevermind,” the rock band Nirvana’s second album that shot the Seattle band to international fame. (Never could stand Nirvana myself.)

Through the years Elden pretty much exhausted the opportunities to exploit his accidental celebrity, recreating the wet, wild and adorable moment for the album’s 10th, 17th, 20th and 25th anniversaries (but not with his naughty bits exposed, of course) “It’s cool but weird to be part of something so important that I don’t even remember,” he said in an interview with The New York Post in 2016, in which he posed holding the album cover at 25. Eldon even reportedly has “Nevermind” tattooed on his chest.But this year he needs money, or has a change of heart, or met up with an unethical lawyer, or something. Now Elden is suing Nirvana for damages, claiming his parents never signed a release authorizing the use of his image on the album, and more provocatively, that his nude infant image constitutes child pornography.

“The images exposed Spencer’s intimate body part and lasciviously displayed Spencer’s genitals from the time he was an infant to the present day,” legal papers filed in California claim. Lasciviously? The album cover indeed showed Elden as a baby with his genitalia exposed. Maybe it also made tiny Spencer seem greedy, since the graphic artist added a digitally added dollar bill on a fishing line, leaving the impression that the tot was trying to grab the dollar.

Of course, he IS greedy now.

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The FIFA Scandal’s Lesson: The U.S. Government Does Not Comprehend The Principle Of “A Culture Of Corruption”

/ Jack Marshall / 2 Comments

jackheadexplosion

Why I am I not surp….oh, oh, there goes the head again. I guess I am surprised after all.

Since I regard soccer as about as entertaining as watching paint dry, I took only scant notice of the massive scandal in 2015 involving the Fédération Internationale de Football Association (FIFA), which oversees international soccer. More than 50 people and companies were charged in the case, and dozens have pleaded guilty. You can catch up here; I’ll wait.

All set? OK, then process this: six years after the massive criminal indictment exposed decades of corruption in global soccer, the U.S. government approved the payment of more than $200 million to….wait for it!—- to FIFA as well as its two member confederations also implicated in the scandal.

See, the theory is that the organization that was run by the individuals who stole all that money and engaged in bribery, money laundering and corruption, was really just another victim of it all. The repayment begins with an initial payment of $32.3 million in forfeited funds, the Justice Department announced, and prosecutors have approved a plan in which the soccer organizations could receive as much as $201 million.

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Speaking Of Big Buts, The Unethical Quote Of The Month: Dr. Anthony Fauci

/ Jack Marshall / 20 Comments

Fauci

“I know I respect people’s freedom, but…”

—-Dr. Anthony Fauci, Director of the National Institute of Allergy and Infectious Diseases and the Chief Medical Advisor to the President

Fauci was talking about the need for everyone to get vaccinated, but it doesn’t matter what he was talking about. When government officials, whether they are elected or not, follow statements like “I respect people’s/personal freedom/liberty/rights with the word “but,” that’s all Americans need to hear to know that the speaker does not respect our freedom, liberty or rights, and that not only he or she cannot and must not be trusted, no government that continues to employ such an official can be trusted either. Continue reading →