Around the World

Note To Prof. Painter On His Teeth Gnashing Over Trump’s Conflicts: “If You Have No Option, You Have No Problem,” or “NOW You Tell Us?”

/ Jack Marshall / 21 Comments

Ethics expert Richard Painter, who was White House ethics counsel from 2005 to 2007, has authored a thorough, convincing and I’m quite certain accurate brief about all the problems arising from soon-to-be President Donald Trump’s vast business connections, and the conflicts of interest they can and will involve. It’s an automatic ethics train wreck. Here’s Painter:

Even absent a quid pro quo, the Emoluments Clause bans payments to an American public official from foreign governments. Yet they will arise whenever foreign diplomats stay in Trump hotels at their governments’ expense; whenever parties are organized by foreign governments in Trump hotels (Bahrain just announced such a party in a Trump hotel this week); whenever loans are made to the company by the Bank of China or any other foreign-government-owned bank; whenever rent is paid by companies controlled by foreign governments with offices in Trump buildings; and whenever there is any other arrangement whereby foreign government money goes into the president’s businesses….How can we expect a Trump administration to rein in loose lending practices, particularly in the real estate sector, when the president himself owes hundreds of millions of dollars to banks? What will he do when a foreign dictator acts up in a country where there is a Trump hotel?

Yikes. Yikes and true. Also Yikes, true, and why are you bringing this up now when there is absolutely nothing that can be done about it? Continue reading →

Ethics Quiz Follow-Up: Signature Significance And Kind Words For Castro

/ Jack Marshall / 43 Comments
Look at the good side!

Look at the good side!

Democrats and progressives have been “otherizing” the President Elect by incessantly referring to the fear he inspires in so many, including young children. This, as I hope to explore in another post, is part of a wide ranging  and dangerous de-legitimizing strategy, as wrong as calling Barack Obama by his middle name, or claiming that he isn’t a citizen. In the weekend’s Ethics Quiz, I answered answer to the question of whether Trump’s unequivocal condemnation of Fidel Castro in response to his death was ethical in the affirmative, and I concludeed with this:

Rather than using the occasion to find another excuse to attack Trump, Democrats should think about why it is that so many Castro admirers are in their ranks.

Now let me be more pointed: everyone surveying that national political scene should be concerned and alarmed that so many Castro admirers and apologists are in the ranks or progressives and Democrats….especially progressive and Democrats.  It is signature significance. No one who is committed to liberty, the Constitution, the democratic process and basic principles of autonomy, respect, fairness and free speech can seriously praise Castro.  The ominous turn of the increasingly radicalized Left in the United States to an “ends justify the means,” totalitarian methodology-endorsing philosophy is something to watch carefully.  You want genuine fear? I am genuinely frightened of liberals who say that Castro “did some good things” on the way to shrugging off how he did those things, and how many lives it cost.

A good friend of mine and a nice, smart, man who is also an extreme liberal wrote on his Facebook page,

RIP, Fidel. A huge figure of the 20th century, one with faults and virtues. Believed his island belonged to all its people and not just the rich. A better man than the one who was just elected…

Res ipsa loquitur. Continue reading →

More Ethics Movies For The Holidays: “Woman In Gold”

/ Jack Marshall / 7 Comments

portrait-of-adele-bloch-bauer-i-by-gustav-klimt

The movie critics site “Rotten Tomatoes”calls “Woman in Gold” dull, which tells you pretty much all you need to know about “Rotten Tomatoes.” No, there are no explosions, no sex scenes, no CGI, just a well-acted, powerful story of how justice can take a long time to prevail, but given enough dedication, integrity and luck, it still does prevail with sufficient frequency to stave off despair.

“Woman in Gold” is a 2015 film starring Ryan Reynolds and Helen Mirren. It is a virtual docudrama telling the true story (mostly accurately) of Maria Altmann (Mirren), a plucky Jewish refugee in Los Angeles, who, assisted by her young lawyer, Randy Schoenberg, battled the government of Austria  to obtain the return of Gustav Klimt’s renowned portrait of her aunt, Adele Bloch-Bauer. That painting, along with more by Klimt and  other painters as well, were among the art treasures stolen by the Nazis  prior to World War II. The legal battle ended up before the Supreme Court of the United States, and the conflict was finally settled by a shocking decision by an Austrian panel of mediators. You can read about the real case here.

It may be dull to dull minds, as Red Smith famously said about baseball, but I have seen the film twice now, and it moved me to tears both times. “Woman in Gold” shows once more, as I fervently believe, that right can and often does triumph over bureaucracies, greed, power and stupidity, and that lawyers, maligned as they are, are often essential to that process. Schoenberg shows us the epitome of a zealous and courageous lawyer, making personal and professional sacrifices for a cause he comes to believe is important both to his client and to humanity. Continue reading →

Ethics Quiz: Trump’s Tweet On Fidel’s Demise

/ Jack Marshall / 63 Comments

castro-tweet-trump

We are taught to speak only good of the dead in the immediate aftermath of one’s demise, and especially in the world of international diplomacy, restraint, respect and the Golden Rule are the accepted standards of ethical conduct on such occasions

This being the case, what is the right ethical diagnosis of President Elect Donald Trump’s tweet above about the announcement of Fidel Castro’s death, which includes an explanation point widely interpreted to suggest “GOOD!” of “Yippee!” ? Trump’s subsequent statement removed all doubt that he was not sorry to see Fidel go to that big sugar cane plantation in the sky, or better yet, well, you know:

“Today, the world marks the passing of a brutal dictator who oppressed his own people for nearly six decades,’ Mr Trump’s statement reads. “Fidel Castro’s legacy is one of firing squads, theft, unimaginable suffering, poverty and the denial of fundamental human rights. “While Cuba remains a totalitarian island, it is my hope that today marks a move away from the horrors endured for too long, and toward a future in which the wonderful Cuban people finally live in the freedom they so richly deserve. Though the tragedies, deaths and pain caused by Fidel Castro cannot be erased, our administration will do all it can to ensure the Cuban people can finally begin their journey toward prosperity and liberty. I join the many Cuban-Americans who supported me so greatly in the presidential campaign, including the Brigade 2506 Veterans Association that endorsed me, with the hope of one day soon seeing a free Cuba.”

Contrast that with President Obama’s equivocal statement, which said in part,

“We know that this moment fills Cubans — in Cuba and in the United States — with powerful emotions, recalling the countless ways in which Fidel Castro altered the course of individual lives, families, and of the Cuban nation. History will record and judge the enormous impact of this singular figure on the people and world around him.”

Then there was former President Jimmy Carter, who said,

“Rosalynn and I share our sympathies with the Castro family and the Cuban people on the death of Fidel Castro. We remember fondly our visits with him in Cuba and his love of his country. We wish the Cuban citizens peace and prosperity in the years ahead.”

Hmmmm!

Your Ethics Alarms Ethics Quiz for this Thanksgiving Day weekend:

Were Trump’s tweet and statement about Castro responsible, prudent and ethical?

I think so, and I’m surprised at my own response. I suppose I am tired of seeing and hearing public figures lie when everyone knows they are lying, and if Carter and Obama really don’t think Castro was a brutal, murderous dictator whose departure is a blessing to all, then the Democratic Party is in even worse shape than I thought it was.

I have a hard Left friend who actually expressed praise for Castro’s legacy today on Facebook. When a figure who is objectively and factually as bad as Castro was, our leaders should not hesitate to be frank and direct. Obama’s non-commital “History will record and judge the enormous impact of this singular figure on the people and world around him” is cowardly and evasive. Yes, and if history judges that Fidel’s ends justified his means, then civilization is doomed. Carter’s statement is even worse. “His love of his country”—that’s mitigation for oppression and murder, eh, Jimmy? If love of country your standard, you and Rosalyne must love Hitler.

Trump’s excessive candor and rogue mouth obviously are going to do a lot of damage in the next four years, just as they did during the campaign. Nonetheless, I don’t see anything unethical about calling a murderous dictator when he was, whether it’s on the day of his death or ten years later. This is one time when Trump’s refusal to be politically correct cuts through crap that should be cut through. As Edgar says at the end of “King Lear,”

“We should speak what we feel, not what we ought to say,”

…at least when bastards like Castro die.

Rather than using the occasion to find another excuse to attack Trump, Democrats should think about why it is that so many Castro admirers are in their ranks.

 

From The “Rules Are Rules” Files: China’s “No Arms, No Loans” Policy

/ Jack Marshall / 18 Comments
Don't be afraid of Wu, you banks! He's completely armless!.

Don’t be afraid of Wu, you banks! He’s completely armless!.

Just when you are tempted to think the United States leads humanity in outrageous bureaucratic rigidity and the refusal to make sensible exceptions when common sense and decency demand it, a story like this one comes across the wires to restore one’s faith that cruelty and stupidity are universal.* That’s something to be thankful for…isn’t it?

Maybe not.

Wu Jianping, a 25-year-old teacher from Zhengzhou in the Henan province of China, told the news media there that banks have denied his application for a mortgage loan because he had inadequate identification.  Banks in China require fingerprints for loans, and Wu has no fingers. In fact, he has no arms, having lost both of them when he was electrocuted in an accident at the age of five.

Jianping says he typically writes his signature by holding a pen in his mouth, but banks rejected his loan applications on the grounds that his written signature can be easily imitated, presumably by anyone holding a pen in his mouth, and they don’t accept toeprints.

“Fingerprinting is a common practice because signatures can be imitated, but there is no way to copy a fingerprint,” one bank employee was quoted as saying. Ah. And just how does someone impersonate a loan applicant with no arms? How many 25 year-old teachers without arms are there in China, anyway? Are people always coming up to Wu Jianping in the streets of Beijing, where he works, and telling him, “I’m sorry! I mistook you for someone else” ?

The banks are receiving widespread criticism online and in social media, with many writing that demanding fingerprints from an armless man is unreasonable. Gee, ya think? Let’s have a panel discussion about it. Now some of the banks are apparently relenting. That’s generous of them.

I bet George Bailey would have given Wu a loan…

[Ethics Alarms will now open up the thread to all the terrible jokes anyone wants to submit, as my Thanksgiving gift to the readership. I might as well, since I know you will make them anyway. I reserve the one in the caption, one of my all-time favorites, and also “Well, they can’t accuse him of asking for a hand-out!”, because I wanted to write it first, and it’s my blog, so there. But there are a lot more. A lot.]

*One of the very first posts on Ethics Alarms highlighted a similar episode in an American bank. [Thanks to Tex for reminding me!]

_______________________

Pointer: Fark

 

Let’s Hear No More About Facebook “Values”

/ Jack Marshall / 14 Comments

china-facebook-1024x576

The New York Times reports that Facebook has developed software that will enable partner Chinese companies to monitor popular stories and topics that Facebook users share across the social network. Facebook’s partner would have power to decide whether those posts should show up in users’ feeds and suppress posts from  in specific geographic areas. The censorship and information-suppressing software  was created to help Facebook get into China, a lucrative market where the social network has been blocked. CEO Mark Zuckerberg is, sources say, full supportive of this effort by Facebook to make the subjugation of Chinese liberty easier.

One of Facebook’s core mission statements is “Make the world more open and connected.” Like so many mission statements, it is public relations deception. If Facebook was devoted to this mission, it would not even consider breaching its intent, letter and spirit by spending time and money to develop censorship software.

Facebook’s real mission is making a fortune by expanding into new markets. Let us not debase the topic of this blog by defaulting to Rationalization # 25. The Coercion Myth: “I have no choice!”

Facebook has a choice, the ethical one. That choice is to tell China it has a choice: either accept Facebook without censorship, of do without it. Google and Twitter, neither exactly paragons of virtue, have been blocked there for refusing to yield to the government’s  censorship requirements. Boy, when a company isn’t even as ethical as Twitter..wow.

This is the company we are going to trust to decide what is “real news.”  Ridiculous.

Prominent Democratic Party supporter Zuckerberg, like the party itself, is insufficiently allergic to the methods and objectives of totalitarianism.

“Fake News” Ethics: Top Ten Culprits (And Facebook Isn’t One Of Them)

/ Jack Marshall / 18 Comments

pope-trump

“Fake News” is now a big topic in the news media, as it tries to lead public attention away from legitimate scrutiny of its own bias and incompetence, Facebook, in particular, is the target of this outcry, because the false narrative (should Facebook also be helped responsible for policing false narratives?) that fake news drove Donald Trump’s shocking victory is more palatable than the accurate narrative that Trump was opposed by the only candidate so corrupt, dishonest and inept that he had a chance of winning.

Here’s an interesting study of how Facebook’s algorithms circulates news stories that are made up. The focus on this kind of fake news, however, creates a fake picture of the problem that over-emphasizes hoax stories, many of which, apparently, come from teens in Macedonia exploiting American online gullibility for profit. The problem is that Americans are so ignorant that when some of them read a story that says  the Pope endorsed Donald Trump, they believe it. (Popes don’t endorse presidential candidates, and if anyone conscious thinks about it for five minutes, they should be able to figure out why.) The problem is that 40% of Americans are so lazy that they get their news from social media (and another chunk gets its news from comedy shows.)

The Blame Facebook theory is that because Facebook is foolishly relied upon by inept and gullible citizens to get their information about the world, Facebook has to take on the impossible task of vetting news items.

Facebook, however, is neither trustworthy nor competent to do this. Facebook is biased. Facebook is overrun with social justice warriors whose idea of what Facebook should censor is anything that offends them. For example:

Mark Zuckerberg had to fend off employees during the U.S. presidential campaign who wanted to censor billionaire Donald Trump’s posts due to alleged hate speech. Controversial statements by Mr. Trump’s presidential campaign in December forced Mr. Zuckerberg to quash a mini-mutiny of staffers who threatened to quit if they could not delete the candidate’s posts. Sources close to the matter told The Wall Street Journal that some of the comments in question involved a plan to ban Muslim immigrants while the U.S. determines how to best combat the Islamic State group.

Biased selections regarding which news to print while censoring the statements of a Presidential candidate are at least as misleading as fake news.

Presumably Facebook won’t try vet the misleading, dishonest news stories, commentary, links and memes I see flooding Facebook every day, courtesy of my nice, friendly, smart, educated, completely left-biased and right-biased friends who throw absolute garbage out as truth and immediately receive dozens of “Likes” for doing so. These are a lot more visible and just as brain-muddling as any Macedonian fiction. Here’s one example from yesterday, and to the good friend who posted it, I love you dearly but you are gullible and irresponsible:

BREAKING: Trump Announces Plan To ELIMINATE Overtime Pay For 20,000,000 Americans

This is completely false, as one would learn, sort of, by reading the story. Republicans are going to review regulations established in the last 60 days and kill the ones they think are ill-advised, as the law allows Congress to do. One that might be in jeopardy is a recent  rule that requires companies to pay time-and-a-half overtime to employees who make under roughly $47,000. The article also eventually says that it is House Republicans who say they are targeting the rule. So, to summarize:

  • Trump announced no such plan.
  • Nothing is being eliminated, since nobody has received any extra pay to be eliminated.
  • The alleged regulation cancellation wouldn’t take away overtime pay, as the headline states, but the requirement of paying overtime plus 50%.
  • Killing the rule wouldn’t take away such overtime or ban it; employers would still be free to pay time and a half at their discretion.

In short, the headline is fake news, designed to attack Trump. This kind of fake news isn’t included in the linked study, and for good reason. If we fairly call misleading headlines fake news, Facebook would be charged with vetting the mainstream media constantly. What about real quotes, from supposedly reliable people, that falsely spread rumors or specious accusations? Jim Comey did not violate the Hatch Act, as Harry Reid claimed. Trump is not a Nazi, as Howard Dean just claimed. Those quotes are just as misleading than nonsense about the Pope endorsing Donald Trump, but they are real quotes, from well-respected people who are being irresponsible. Continue reading →

Revelations From The John Oliver Video Post: What I Have Learned

/ Jack Marshall / 83 Comments

light-bulb PREFACE: I have just returned from a crazy three day odyssey that had me lecturing on Massachusetts legal ethics in Boston, Washington, D.C. legal ethics in the nation’s capital, and, professional ethics, legal ethics and accounting ethics in Tucson, Arizona. Keeping pace with ethics developments was even more difficult than it usually is when I’m on the road, because I had almost no time in between flights, meetings and various hassles to get to a newspaper, surf the web, or watch TV. And my browser kept crashing.

I wrote the John Oliver post, frankly, as low-hanging fruit. His performance was vile and hateful, barely funny, self-indulgent, and disrespectful in a damaging way, and I didn’t think, and still don’t, that there should be much disagreement on that assessment. I expected the usual “lighten up,” “he was only joking “[he was NOT only joking], and “he has right to free speech” comments, because I always get those any time I point out that a comedian has been unfair and irresponsible. I did not expect,for the post to get more single day traffic than all but one previous Ethics Alarms entry, and so many comments, many of which with troubling social and political significance. I returned to my office to find more comments waiting for moderation than have ever been there at one time, and I apologize for that: I try to get them cleared withing hours if not minutes. Of course, a disproportionate number of them were garbled nonsense, or just invective with no point whatsoever. They didn’t make it.

I also had some tough calls, with repetitious comments that misrepresented the post, made irrelevant or factually mistaken assertions, and also were abusive. I fear that I may have been inconsistent, and perhaps less tolerant than usual, and I’m not referring to the occasional comment I allowed to be published just to show the kind of comments that weren’t being posted. The problem is that this site is a intended to be a colloquy, and poor quality comments just make the threads hard to read, and also undermine the site.

I may have to be more ruthless in moderating comments in the future. I’m thinking about it.

Ethics is all about processing new information. Here are some useful things I learned, or re-learned, from the reaction to the post, “Ethics Dunce: HBO’s John Oliver”….

1. Otherwise reasonable, fair, smart people really do think that Donald Trump justifies unethical conduct and that makes it okay. Continue reading →

Ethics Dunce: HBO’s John Oliver [UPDATED]

/ Jack Marshall / 132 Comments

I’m being kind and restrained here. John Oliver is a lot worse than an Ethics Dunce. I’ll let you fill in the blanks.

The video above was Oliver’s final show this season on HBO. It is a full half hour of insults and hate directed at the President-Elect of the United States of America. Some of his insults and ridicule are based on substance, some appear to be  pure bias and stupidity. I almost bailed when Oliver, to the bleating of his all blue, all juvenile audience, implied that being endorsed by the head of the KKK obviously disqualifies someone to be President. Unpack the logic in that contention.

Mostly, however, it is a vicious ad hominem assault on the newly elected President of a level of unfairness and disrespect that has never been directed at any previous President Elect in public. Never, because Americans have always realized that the slate is cleared when someone becomes President, and that the individual inherits the office and the legitimacy of that office as it has been built and maintained by it previous occupants. He (no “he or she” yet, sorry: not my fault) becomes the symbol of the nation, the government and its people, a unique amalgam of prime minister, king and flag in human and civilian form.

That immediate good will, respect for the Presidency, and forgiveness of all that went before has made the transfer of power in the US the marvel of the world, and has kept the nation from violence and division. It is part of our strength as a society. It is part of the election process, and a vital one. John Oliver is intentionally tearing at that process. Continue reading →

President Trump’s Massive, Unfixable, Unwaivable Conflict Of Interest…And Why Weren’t We Worrying About This BEFORE The Election?

/ Jack Marshall / 36 Comments

trump-tower

Donald Trump, as President of the United States, will have an unprecedented conflict of interest—many, actually—that realistically cannot be fixed and never could. He will be President, and he will own a global set of businesses worth billions of dollars that his policies and decisions will unavoidably affect for better or worse, usually to his long term benefit or disadvantage.

Almost nobody, including me, and it’s my business to do so, focused substantially on the problem during the campaign. Trump, as  usually, airily dismissed the issue when it came up as if it was nothing, saying, “If I become president, I couldn’t care less about my company. It’s peanuts,” during one debate. “Run the company, kids. Have a good time.” Typical, stupid, and neither Clinton nor the moderator had the wit or information to follow up with the required, “Wait a minute, that doesn’t deal with the problem. Will you also not care about your kids, Mr. Trump? Your companies’ stockholders? Business partners? Employees?”

At least we know why Hillary was reluctant to pursue this issue, don’t we?

The Trump Organization’s executive vice president, Alan Garten, similarly brushed the problem away, saying in September, “His focus is going to be solely on improving the country. The business is not going to be a factor or an interest at that point.” That’s an incredible statement, naive at best, dishonest at worse. Of course it will be an interest. How could it not be? The question is whether it will be a factor. Human nature, and Trump’s nature, strongly suggest that it will be.

Who can tell with Trump? Maybe he really believes there’s no problem. After all, as I have written repeatedly and all evidence proves, the man doesn’t know ethics from ambergris. Whether he knows it or not, however, this is a massive  and potentially crippling problem for him and his administration, not to mention his children and his businesses. It is especially a problem because the same journalists who dismissed Hillary’s family foundation’s influence peddling while she was Secretary of State and after as another overblown conservative attack (after all, why should venality and hidden conflicts of interest interfere with electing the First Woman President?) have the long knives out to eviscerate Trump on any hint of impropriety, real or not, they can find.  This is real. Continue reading →