Category Archives: Around the World

Ethics Quote Of The Day: Five Ninth Circuit Judges

“We are all acutely aware of the enormous controversy and chaos that attended the issuance of the Executive Order. People contested the extent of the national security interests at stake, and they debated the value that the Executive Order added to our security against the real suffering of potential emigres. As tempting as it is to use the judicial power to balance those competing interests as we see fit, we cannot let our personal inclinations get ahead of important, overarching principles about who gets to make decisions in our democracy.

For better or worse, every four years we hold a contested presidential election. We have all found ourselves disappointed with the election results in one election cycle or another. But it is the best of American traditions that we also understand and respect the consequences of our elections. Even when we disagree with the judgment of the political branches — and perhaps especially when we disagree — we have to trust that the wisdom of the nation as a whole will prevail in the end.”

—-Five judges of the U.S. 9th Circuit Court of Appeals  (Judges Jay Bybee,  joined by Judges Alex Kozinski, Consuelo María Callahan, Carlos Bea, and Sandra Segal Ikuta, attacked what Bybee called the “fundamental errors” in the February decision of a three-judge panel upholding the temporary restraining order that blocked President Donald Trump’s first executive order temporarily halting immigration from seven Muslim-majority countries.

The opinion denounced the panel’s ruling as a “clear misstatement of law,” and stated that the five, constituting a larger number of judges than the three judge panel whose contrary holding was described as a “unanimous” 9th Circuit decision, had an”obligation to correct” it for the record.

“We are judges, not Platonic Guardians. It is our duty to say what the law is, and the meta-source of our law, the U.S. Constitution, commits the power to make foreign policy, including the decisions to permit or forbid entry into the United States, to the President and Congress,” the five judges stated.

Currently, the President’s revised order is held up by an even more widely criticized temporary restraining order issued by  U.S. District Judge Derrick K. Watson. As well as following many of the same lines of activist judicial reasoning the five judges criticized in their dissent, Judge Watson’s opinion heavily relies  on the campaign rhetoric of President Trump and statements by  chief aide Stephen Miller in TV interviews. This means, as several critical legal experts including Alan Dershowitz  have pointed out, that the exact same order, if issued by Barack Obama, would not have been blocked, and would have been found Constitutional.

Now that’s a double standard!

In criticizing their colleagues, the five judges said that the panel “brushed aside” the clearly controlling case law of Kleindienst v. Mandel, 408 U.S. 753 (1972) and ignored entirely the rulings in Kerry v. Din, 135 S. Ct. 2128 (2015) and Fiallo v. Bell, 430 U.S. 787 (1977).  The Supreme Court in Mandel recognized that First Amendment rights were implicated by an executive action but decided…

“when the executive has exercised its authority to exclude aliens on the basis of a facially legitimate and bona fide reason, the courts will neither look behind the exercise of that discretion, nor test it by balancing its justification against the First Amendment 11 interests of those who seek personal communication with the applicant.”

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Ethics Quote Of The Day: Charlotte Hogg, Ex-Bank of England COO

“However, I recognise that being sorry is not enough. We, as public servants, should not merely meet but exceed the standards we expect of others. Failure to do so risks undermining the public’s trust in us, something we cannot let happen. Furthermore, my integrity has, I believe, never been questioned throughout my career. I cannot allow that to change now. I am therefore resigning from my position. I will, of course, work with you through any transition.”

—-The Bank of England’s chief operating officer and incoming Deputy Governor for Markets and Banking, Charlotte Hogg, in her letter of resignation over criticism regarding a possible conflict of interest and her failure to report it.

Charlotte Hogg, a senior Bank of England official who had been named a deputy governor, resigned this week after a Parliament committee found that she had failed to disclose a potential conflict of interest: her brother held a senior position at Barclay’s during her time at the central bank. Hogg insisted that she never breached her duties or passed along any confidential information to her brother, but she had helped draft an industry ethics code of conduct policy required a disclosure of such conflicts. This creates doubts about her integrity, judgment competence, as well as the appearance of impropriety.

The Parliamentary committee recently issued a report finding that Ms. Hogg’s professional competence “short of the very high standards” required to be deputy governor, adding that her failure to disclose her brother’s role was a “serious error of judgment.”

This is one of my favorite kinds of conflicts, because it may be only appearances at stake. What if, as is often the case (sadly), Hogg and her brother are estranged? What if she doesn’t speak to him? What if they hate each other? Never mind: the public, not knowing this,  will suspect that she might use her position to favor him or his bank, so disclosure is crucial to maintaining public trust. Not disclosing, in contrast, raises suspicions. Why didn’t she let everyone know about her brother? What was she hiding? Continue reading

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Romanian Flag Ethics, or “Who Cares About Chad?”

 

The national flag of Romania (above left)  is designed with vertical stripes colored blue, yellow and red. It has a width-length ratio of 2:3. So does the national flag of Chad (right). In fact, they are identical. (One or the other supposedly has as slightly darker blue, indigo vs. cobalt, but I can’t see it.

Romania established the colors and the design by law in 1989, when its Communist government fell.  It essentially ripped off Chad’s flag, and Chad immediately protested. True, these had been the Rumania/Romania colors forever, but not in this exact form. Do you think Romania bothered to check whether than design was, like, taken? Nah. “There were more important things to care about,” rationalized the nation’s president at the time,  Ion Illiescu. More important to Chad, though? This is the essence of ethics: thinking about the other parties affected by your conduct.It is not the Romanian way, at least when it comes to flags.

What does Romania care about Chad? It’s one of the bleakest, poorest third world nations in the world. Who cares if Chad objects? Who listens to Chad? “It’s too far away,” reasons a Romanian quoted by the Wall Street Journal. Now there’s the keen logic, sense of fairness, and respect for the rest of the world we like to see from our fellow citizens of the planet.

There is no authorized body that referees flag theft. Of course, there shouldn’t have to be, as this is an act without plausible defenses. If a nation takes another country’s flag, it is either being spectacularly arrogant, disrespectful and dishonest,  or incredibly negligent. There is no third explanation. Continue reading

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Screwing Over Mexico In The World Baseball Classic: Now THAT’S A Stupid Rule…

Rationalization #30. The Prospective Repeal: “It’s a bad law/stupid rule,” is a widely employed ethics dodge, used by everyone from drug dealers to tax cheats. It doesn’t mean that many rules are not bad and stupid however. The World Baseball Classic just demonstrated its management’s incompetence with one of them. As is often the case when bad rules and laws prevail, injustice is the result.

Sixteen national teams are competing in the World Baseball Classic, a relatively new baseball tournament played during MLB’s  Spring Training. There are five pools of teams in an elimination tournament. The competitors this year (the tournament is held every four years, sometimes three—never mind, they are still working it out) are Japan, Taiwan, China, SOUTH Korea (the first version of this post erroneously said “North”—wishful thinking on my part), Mexico, Cuba, Columbia, Puerto Rico, the Dominican Republic, Venezuela, Australia, Italy, the Netherlands, Canada, the U.S., of course, and…Israel. Pool competition just ended (the US is moving on to the next round) and Mexico, Venezuela and Italy all finished with records of 1-2 in their pool games. The tournament doesn’t have time for extended play-off games, so a tie-breaker was triggered.

Under Classic tiebreaker rules, the two teams with the fewest runs allowed per defensive inning in games played between the teams tied during the tournament play an elimination game, and the other is eliminated. The calculation of runs allowed per inning includes “partial innings.” (Hold that thought.) Major League Baseball announced that Venezuela (1.11 runs allowed per defensive inning) and Italy (1.05 runs allowed) will play an elimination game, with Mexico (1.12) out of the tournament. Here is how it stacked up: Continue reading

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Why Shouldn’t Baseball Star Jose Abreu Be Deported?

No,no,no! Not “passport to eating,” EATING A PASSPORT!

There was a trial, still ongoing,  in a Federal court in Miami last week, where sports agent Bartolo Hernandez and baseball trainer Julio Estrada were tried before a jury for alien smuggling and conspiracy. Prosecutors say they operated a ring that took Cuban players from the Castros’ island to other countries where they could established residency and sign lucrative Major League Baseball contracts.  The big surprise in the trial came when star Chicago White Sox first baseman Jose Abreu told a Miami federal jury Wednesday how he ate his fake passport while flying to the U.S. to cover up the fact that he was arriving illegally as a prime participant in the smuggling operation.

Abreu said he ordered a beer on an Air France flight from Haiti to Miami and used it to wash down the section of his passport showing a false name with  his photo. The reason the unique meal was urgent? Money. Abreu was about to  miss an October 2013 deadline that would forfeit the $68 million agreement he had in place withe White Sox.

“If I had not been there on that particular day, the deadline, then the contract would not be executed and would no longer be valid,” Abreu told jurors. “We had to be in Chicago to sign the contract.”

Ah. Then that’s all right, then!

Abreu the was American League Rookie of the Year in 2014. He  testified under a grant of limited immunity, meaning he wouldn’t be prosecuted if he told the truth on the witness stand.  Jurors learned that the slugger got the fake passport in Haiti, where he and his family had escaped to from Cuba by speedboat in August 2013. One of the associates of Hernandez and Estrada—naturally, the smugglers got a cut of Abreu’s contract—obtained the fake passport and booked the Air France flight, telling the ballplayer to destroy the document on the plane. .

He did not tell him to eat it. Continue reading

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Comment of the Day: “Update On The Jeff Sessions-Russian Ambassador Fiasco: A Confederacy Of Ethics Dunces”

1984, Washington State, USA --- A fierce bear growls and bares its teeth. | Location: Washington, USA.  --- Image by © Michael T. Sedam/CORBIS

Glenn Logan undertook the herculean task of reading and critiquing one of the New Yorker’s endless partisan essays, this one by Ryan Lizza, who has foun himself in the Ethics Alarms bomb-sights before. It’s a masterful job by Glenn, and nicely dissects a persistent and contrived Democratic excuse for Hillary Clinton blowing the election, thus triggering one of the most amazing instances of self impeachment—by her party and supporters–in world political history.

Here is Glenn’s Comment of the Day on the post, “Update On The Jeff Sessions-Russian Ambassador Fiasco: A Confederacy Of Ethics Dunces”:

I read the article, which confirmed my suspicions of almost everything coming from The New Yorker and similar left-leaning news sources — that they accept the idea, as yet still both unproven and highly suspicious, that the Russians were working to get Trump elected.

This is exactly where bias always leads; once you have evidence of a conclusion you want to reach, you stop looking for other possible explanations.

There is no real information in this article worth knowing. It tells us Democratic senators are all wound up about possible Russian interference in the election, but we knew that. It mentions every Democrat’s favorite Republican — John McCain — and tries very hard to lead us to believe that all the Democrats’ worst fears about Russia and Trump are not just true, but being hidden, apparently by both the Obama and Trump administration, although for different reasons.

In other words, this article is a conspiracy theory. It offers nothing new, no penetrating analysis or new revelations. It describes, in very long and unnecessarily complex style meant to appeal to “intellectuals,” Putin and Russia as using a hacking strategy as a prong in geopolitical disinformation campaigns, and using Obama’s own feckless foreign policy to annex Crimea and generate a plebiscite so fast that American leadership’s heads were still spinning in the opposite direction.

But this is exactly what I would be doing in Russia’s place if I were a despot like Putin. They are opponents, and are trying to weaken our country just as we tried for years under Reagan to weaken them. If you want to shape the world, and Putin clearly does, you use information to shape perception so that when you do use force, it won’t be universally condemned. Continue reading

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Comment of the Day: “Breaking Ethics Thoughts: The White House Bars The NYT And Others From Its Press Briefing”

 

pewdiepie-youtubeThis Comment of the Day by repeat awardee Humble Talent was really yesterday’s Comment of the Day #2, but it seems silly to keep the 2 when it is being posted today. See how hard my job is? I should hire an accounting firm to take care of this stuff and make sure it doesn’t get screwed up.

I was aware of the PewDiePie  (that’s him on the left) flap, but not enough to investigate it (name bias on my part), and am grateful to Humble for highlighting the story, and its significance. The news media bias crisis is not going to end well, especially if they and their beneficiaries on the Left continue to deny it. Eventually, most of the public will wake up. My wife just flipped out when a Facebook friend posted, as part of her ongoing attack on the President, that he was undermining an “independent press.” It has to dawn on these semi-ignorant partisans that independence without standards, integrity, competence, objectivity and honesty…in short, ethics…just means “unaccountable.” And, of course, the current mainstream news media isn’t independent by a long shot.

Other than that, it was a perceptive observation.

Here is Humble Talent’s Comment of the Day on the post, Breaking Ethics Thoughts: The White House Bars The NYT And Others From Its Press Briefing:

I was thinking of previous administrations, and the news while I was growing up…. It seems to me, and this might be my ‘member berries in action, but it seems to me that I remember a time where the news was biased, perhaps, but it was a subtle bias, the kind of bias that you’d only notice if you were of a mind to look.

They’d report the facts you see, ostensibly giving enough rope to their targets to skip or swing, and the bias would be in the form of selection, not solicitation.

What is…. or should be… absolutely indefensible about how the media covers Trump is in the pillars of journalistic ethics.

https://www.spj.org/ethicscode.asp

Seek The Truth and Report it, Minimise Harm , Act Independently, Be Accountable and Transparent, and Don’t be an Ass.

Alright, I made that last one up, but I bet you could hardly tell. The problem is that the outlets in question don’t even attempt the fig leaf anymore. And this isn’t just unique to Trump…

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