There is Hope! Part 1, Introduction: the Vindication of Waylon Bailey

Several things make this particular story necessary this morning. Most of all, it’s an ethics story with a happy ending. I’ve been hearing from several EA readers of late (and a lapsed, much missed commenter who had dropped out) who tell me that they the blog too depressing. So do I, which I suppose means that I need to perk up my tone and perspective a bit. I am generally able to muster enthusiasm and optimism, but I know that’s a bias that sometimes makes me naive. It’s sometimes difficult for me to distinguish between my reaction to some ethics tale that is objectively disturbing and the emotional hangover various crises I been wading through almost non-stop since early in 2020. I promise to do better.

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Authentic Frontier Gibberish of the Year: Harvard Divinity School

Well, this is an upset. I would have bet almost anything that Kamala Harris or Joe Biden would eventually nail down the 2024 Ethics Alarms Authentic Frontier Gibberish Award, but no. A dark horse has grabbed the award, and with eleven full months to go! But no one can compete with this.

The Harvard Divinity School’s Office of Diversity, Inclusion and Belonging hosted a head-exploding “Gathering to Breathe and Heal” event this week to—are you ready?— help students grieve over the resignation of former President Claudine Gay, who was, in reality, fired, and who richly deserved to be. Moreover, the justification for her removal was irrefutable and beyond debate. “Grieving” for the exit of any incompetent occupant in any job is proof of warped values. “Grieving” for for a cheating and dishonest occupant of any position of leadership demonstrates astounding ignorance of the essentials of being a leader and role model. “Grieving” for the appropriately rapid demise of an incompetent leader and dishonest scholar as the head of a prestigious university is deranged. The exitance of this event on campus is almost as humiliating for Harvard as the debacle of Gay’s short-lived presidency.

I’m saving the spectacular gibberish announcing this loony “Gathering to Breathe and Heal” event until last, because nothing could follow it. Trying to write anything after this is like being next on the program after Houdini, Al Jolson, Judy Garland, Jerry Lee Lewis or Ray Charles. Submit your favorite babble: I’m leaning toward “it is a container for holding emotions in community knowing that the circle holds us all.” Rarit!

Here it is…

Add Two Unethical and Irresponsible Progressive Policies Together And This Is the Result

Great—even a dyed-in-the-wool conservative gadfly like Ian Miles Chong is adopting coded woke-speak now. Those aren’t migrants, kicking and beating on NYC police. They are illegal immigrants.Darwin Andres Gomez Izquiel, 19, Kelvin Servat Arocha, 19, Juarez Wilson, 21, Yorman Reveron, 24, and Jhoan Boada, 22, were chased down, arrested, and charged with assault. They they were released without bail, because, as we know, the criminal justice system is racist letting criminal go while depending on an honor system to get them before a judge or jury is the sensitive policy. Illegal immigrants have demonstrated that they have no respect for our laws, and ny attacking cops, these illegals have demonstrated that they have no intention of being law abiding citizens. Writes fire-breathing conservative columnist Athena Thorne in response to that video:

“In New York City, Biden and Mayorkas’s legacy plays out daily. Asylum scammers continue to romp around the Big, Rotten Apple, merrily shoplifting businesses into oblivion, burning down buildings with their off-brand lithium-ion batteries, and mowing down New Yorkers with their e-bikes and uninsured vehicles in hit-and-run incidents. Lawlessness breeds lawlessness. And we taxpayers have the privilege of bankrolling all of it.

At the beginning of her column, she describes the video as “Trump’s latest campaign ad.”

It’s hard for me to see how she’s wrong. When people vote for the almost incredibly flawed Donald Trump, they are voting against scenes like what we see above.

“Indictment: The McMartin Trial,” An Ethics Movie That Seems Disturbingly Relevant Today

How I missed the 1995 HBO film “Indictment: the McMartin Trial” for almost 30 years, I don’t know, but I did. The Oliver Stone produced legal drama about the insane events surrounding what turned out to be the start of a nation-wide freak-out over supposed Satan worship and widespread child abuse at day-care centers is unusually accurate for a docudrama. For this reason it is also infuriating. How could this have happened even once?

In August of 1983, the mother of a 2-year-old boy phoned the Manhattan Beach (California) Police Dept. claiming that her son had been sexually abused at the family-run McMartin Pre-School. That accusation prompted a series of sensational and inflammatory reports from an unscrupulous broadcast journalist (or “journalist,” for short) at WABC-TV. It also prompted the police to contact other parents with children at the school to ask if their children had been molested. Those children were, in turn, interviewed by a crusading social worker named Kee MacFarlane, who used controversial techniques to persuade the young children that they had seen and experienced terrible things, escalating from sexual abuse to having to witness ritual rapes and human sacrifices. (This was one of the seminal cases in the psychiatry profession’s “implanted memories” scandal.)

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Ethics Hero: EEOC Commissioner Andrea Lucas [Corrected]

Well this was certainly refreshing and unexpected!

Donald Trump-knockoff billionaire Mark Cuban stated in gratuitous tweet that he has “never hired anyone based exclusively on race, gender, religion,” but that “race and gender can be part of the equation” because he believes “diversity is a competitive advantage.”

What virtue-signaling claptrap! What does that last part even mean? Does Harvard consider that its acceptance of diversity as a substitute for genuine credentials and ability has given the university a “competitive advantage” as it competes for the best students, faculty and donors? Yesterday, in addition to having it revealed that its top DEI officer is a DEI hire herself who rose to predominance with the assistance of bogus scholarship, a wealthy donor who last year gave the university $300,000,000 dollars announced that he was through. “Will America’s elite university get back to their roots of educating American children – young adults – to be the future leaders of our country or are they going to maintain being lost in the wilderness of microaggressions [and]a DEI agenda that seems to have no real endgame…?” Ken Griffin asked in response to being asked if he could be lured back as a donor. Continue reading →

The Rest of the Story: The Latest in the Alex Murdaugh Murder Trial Train Wreck Has Me Depressed About the American Justice System

This is bad for me: after all, my profession is substantially involved with the justice system and the law. I keep learning things that make me increasingly cynical regarding the fairness, competence and integrity of the American justice system, and lately it has been

…right in the kisser. (I’ll have another horror story for you later today, if all goes according to plan.)

Yesterday, a judge refused to grant a new trial for Alex Murdaugh, the former South Carolina lawyer, now disbarred and convicted of murdering his wife and son. His defense team argued that a court clerk had improperly influenced the jurors in his case, which, if she did not, was only moral luck. I wrote about the unethical clerk here last Fall. Even before the allegations were made about the clerk, Rebecca Hill, signaling and sometimes prompting jurors that they needed to convict Murdaugh, the trial and his conviction looked like a travesty of justice.

Here is what I wrote about the case after the trial…

“Reviewing the astoundingly thin evidence, I do not understand why the trial judge didn’t throw out the jury’s verdict and declare Murdaugh acquitted because there was not enough to convict him beyond a reasonable doubt as a matter of law. There wasn’t. This was an example of a jury convicting a defendant of murder because they decided he was a bad guy and there were no other suspects. Alex Murdaugh lied repeatedly regarding the deaths of his wife and son and he was undeniably a thief and a sociopath—but prosecutors couldn’t and didn’t present much more than theories about whether he was the killer. Judges are understandably, reluctant to over-ride juries, but in this case it was necessary. If the Trump Deranged reasoning that the conclusion that someone is just an untrustworthy bounder is sufficient to assume guilt of criminal activity is becoming a cultural norm, our justice system is approaching a crisis, if it isn’t in one already.

The only motive that the prosecution could come up with for claiming Murdaugh was behind the double murder of his wife and son was that the lawyer thought he would be more leniently treated for the other crimes he was being charged with if juries and judges felt sorry for him as a result of their deaths. That’s just bonkers, and if I were a member of the jury, I’d regard the prosecution having to resort to such a theory as per se reasonable doubt. But as if that weren’t enough, Murdaugh’s trial was tainted by a fame- and fortune-seeking law clerk. (I recently wrote about the carnage triggered by another unethical law clerk scandal. What the hell’s going on out there?)

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Ethics Dunce: National Public Radio

…or maybe I’m the Ethics Dunce: I assume that NPR’s management cares whether half the country sees it as progressive cant parrot and a water-carrier for the Democratic Party. Maybe they don’t; maybe they have assumed deplorables don’t listen to “Marketplace” and “Fresh Air,” and certainly don’t contribute much during radiothons. I know I don’t touch the local NPR stations (there are two of them) ever since the “Car Talk” guys ended up in the garage for good and after I was dumped as NPR’s ethics guy because I was insufficiently critical of Donald Trump.

Where was I? Oh, right….National Public Radio appointed a new CEO, Katherine Maher, who had to hustle to scrub her social media record after the announcement because she periodically issued intemperate woke garbage in the past. Among the gems tracked down by reporter Shannon Thaler at the New York Post,

  • “Trump is a racist.”
  • “I mean, sure, looting is counter-productive. But it is hard to be mad about protests not prioritizing the private property of a system of oppression founded on treating people’s ancestors as private property”
  • “white silence is complicity”
  • “I grew up feeling superior (hah, how white of me) because I was from New England and my part of the country didn’t have slaves, or so I’d been taught.”

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Ethics Quote of the Week: Fox News Comic Greg Gutfeld

“Everyone understands how bad the world would be without journalists because we haven’t had any for decades.”

—Fox News court jester Greg Gutfeld, justly mocking the whines of the Washington Post’s ridiculous Taylor Lorenz about the lay-offs in her profession, if it can be called that any more.

The rest of his rant is amusing and well-deserved, but that single sentence is enough to accurately describe the failure of Lorenz’s colleagues and peers, and the total lack of self-awareness displayed by this inexplicably employed hack, who, in a typical outburst last month, proclaimed that “Anyone who’s worked as a journalist at the [New York Times] knows that journalists there are absolutely allowed to loudly espouse political opinions, you just have to espouse the *right* political opinions. Right wing opinions are fine, left wing opinions are not.”

It’s Come To This: Snopes Spins Madly To Claim the President Doesn’t Look Ridiculous

Presidents through the years have frequently allowed themselves to be photographed looking silly. My favorite example, which I first saw and giggled over at about the age of 10, is the famous shot above of dour Calvin Coolidge wearing an India headdress. Author Josh King wrote in “Dukakis and the Tank” that the first rule of political photo ops is “Never put anything on your head!” Before Coolidge put on the headdress while being named an honorary chief in Deadwood, South Dakota during a campaign stop in 1927, advisors told him he would “look funny.” “Well it’s good for people to laugh, isn’t it?” Coolidge replied.

I would like to think that President Biden had the same rationale for wearing his hard-hat backwards at a bar with some union construction workers…

…but I fear that in his current deteriorating mental state he could mistake Jill for a hat.

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Ethics Dunce (Still!): Harvard University

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It’s quite possible, I think, that Harvard’s ethics rot is so entrenched and endemic that it can never be fixed, even by Barack Obama.

Here’s the latest revolting development. Harvard’s Interim President Alan Garber announced in an email that Professor of Jewish History in the Faculty of Arts and Sciences Derek Penslar will co-chair its new anti-Semitism task force, established to deal with the concerns of students, faculty, donors, elected officials and the public at large over demonstrations on the Harvard campus calling for the elimination of Israel and the murder of Jews.

Penslar is, shall we say, not the ideal candidate to encourage trust in the task force’s dedication to its task. He signed a letter in August accusing Israel of running a “regime of apartheid,” stating in part, “Without equal rights for all, whether in one state, two states, or in some other political framework, there is always a danger of dictatorship. There cannot be democracy for Jews in Israel as long as Palestinians live under a regime of apartheid, as Israeli legal experts have described it.” He has also said on more than pone occasion that the problem of anti-Semitism at Harvard is being exaggerated, while quickly pairing it with Islamophobia. “Yes, we have a problem with antisemitism at Harvard, just like we have a problem with Islamophobia and how students converse with each other,” Penslar said this month. “The problems are real. But outsiders took a very real problem and proceeded to exaggerate its scope.” Jewish Insider reported that Penslar told the Harvard Crimson in late December that the amount of media focus on anti-Semitism at Harvard has “obscured the vulnerability of pro-Palestinian students, who have faced harassment by actors outside of the University and verbal abuse on and near campus.”

Being “Pro-Palestinian” is the exact equivalent of advocating the killing of Jews, and will be until the official mission of Hamas and other Palestinian groups is altered to acknowledge Israel’s right to exist.

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