The Great Ethics Train Wreck Of 1910

On this date, October 1, 110 years ago,  a massive explosion destroyed the Los Angeles Times building in the city’s downtown area, killing 21 employees and injuring many more. This obviously unethical act—though in the over-heated labor environment of the times, union activists would secretly defend it—set off a series of events in one of the great ethics train wrecks in U.S. history.

The explosion was a message to Los Angeles Times publisher Harrison Otis, a powerful opponent of the burgeoning labor movement in general and unions in particular. Determined to exploit the tragedy to turn public opinion against organized labor, he hired the nation’s most famous private detective, William J. Burns, to crack the case while his paper supplied an avalanche of anti-labor editorials and slanted news stories.  Otis, the leader of the Merchants and Manufacturing Association, a powerful group of business owners with extensive political connections, seemed less interested in justice for the dead than a decisive knock-out of the union movement itself.

Burns’ investigation led to the Bridge and Structural Iron Workers Union and their treasurer, John J. McNamara. Burns got a confession out of  a sketchy character named Ortie McManigal who had allegedly been the intermediary between McNamara and two bomb experts, and personally arrested John McNamara and his brother James in Indiana. Then Burns supervised the kidnapping and transportation of the brothers to California, where they could be prosecuted.

Convinced that the the McNamara brothers were being framed—some labor supporters even suspected that Otis had bombed his own building—Samuel Gompers and Eugene V. Debs pressured Clarence Darrow, then the premier labor lawyer in the U.S.,  to take on the McNamaras’ defense. Darrow had been ill and seeking to retire, but a recent stock market crash had left him broke as well. He agreed to take the case for the then unprecedented sum of $50,000 (about $1,368,000 today). The unions literally had children collecting nickels and pennies to build the defense fund.

The unions were Darrow’s clients under the existing legal ethics rules, but the brothers were also his clients, and their lives were at stake. This became a serious conflict when Darrow learned, within minutes of meeting with the McNamaras, that they were guilty.

Gompers had told him that the brothers had to be acquitted or the entire labor movement might be destroyed forever. The clients paying his fee, therefore, demanded a plea of “not guilty.” Darrow, however, became convinced that only a guilty plea would save the brothers from execution. Meanwhile, he knew that there was no way the McNamaras could get a fair trial. The Times was poisoning the jury pool daily. The prosecution was engaging in outrageous tactics, like bugging Darrow’s offices in L.A. They even had Darrow followed, and got incriminating photographs of the lawyer leaving the apartment of his long-time, off-and-on mistress, a female journalist covering the trial. Then they used the photos to try to force Darrow to withdraw from the case, threatening to show them to his wife, Ruby.

“Go ahead,” he said. “She knows all about Mary.” Darrow’s hands were hardly clean either: his agents had located the supply of dynamite in Indiana that the fatal charge had been taken from, and he hired a lawyer to hide the evidence in a safe. Continue reading

Ethics Observations On 2020 Presidential Debate #1 [Comments Restored!]

 

Ten Ethics Observations:

1. I showed a photo from the first Presidential debate in 1960 to introduce the post Chris added his comments to, earning his Comment of the Day. Maybe I should have shown a video. Jack Kennedy was a Machiavellian phony of more style than talent, and Richard Nixon was more talented but just as ruthless and more unstable. Yet both conducted themselves as dignified aspirants to an honored office and role in our government, with sober and substantive answers to neutral questions that never betrayed the intense dislike the two men had for each other. Compare that event to what was on display last night. There are reasons for it, but no excusing it. Both men harmed the nation and the office last night with their ugly attitudes toward each other. As a result, they harmed the process, and democratic institutions.

2. The lack of a handshake was inexcusable, and shame on both campaigns and the debate commission for permitting this departure from traditional civility, as well as all concerned for giving the fake excuse of caution regarding the Wuhan virus. The two adversaries could have worn gloves and masks; hell, they could have worn suits of medieval armor for all I care. They needed to signal the traditional respect of each other even if they have none.

Shame on everyone.

 3. Trump’s constant interruptions of Biden and “bullying,” as it is being described in many forums, were bad form and poor strategy: Biden was vague and sometimes incomprehensible. Ethically, the President’s rudeness raises a familiar tit for tat dilemma. In his 2016 debate with Paul Ryan, Biden’s tactic was to mug, sigh, cackle, mock, and generally do everything he could to interfere with poor, polite Paul Ryan’s attempts to talk about policy, while moderator Martha Raddatz  made Ryan look weak. Trump decided that if that was going to be Biden’s game again—and it was—he wasn’t going to make Ryan’s mistake and be passive. So he acted as rude and jerkish as Biden, and made his contempt for and distrust of the moderator clear from the beginning.

4. I suspect Biden was drugged. He looked drugged last night; his pupils looked huge. The Trump team wanted to require a drug test, and though that was partially gamesmanship, it was also a fair request, given legitimate questions about Biden’s health, which should be the equivalent in this race of what Trump’s taxes were in 2016.

5. I don’t like either of these men as personalities, as elected officials, and as leaders, potential or otherwise. The difference is that President Trump has never pretended to be any different than he appears and sounds. W.S. Gilbert had a libretto he was inexplicably obsessed with about a magic lozenge that turned people into whatever they were pretending to be. (It helped break up his partnership with Sullivan, who refused to set it to music.) If Donald Trump ate that lozenge, it would have no effect at all. If Joe Biden did, he would turn into a nice guy. His supposed appeal is that he’s decent, trustworthy official, whatever his other deficits. He isn’t, and last night it was obvious that he isn’t. I can’t see anyone who was inclined to vote for Trump being put off by last night’s debate, but I can see Biden losing the votes of those who want someone more “Presidential.” Continue reading

Grovel Of The Year: Matthew J. Mayhew, The William Ray And Marie Adamson Flesher Professor Of Higher Education at Ohio State University

This is pathetic.

When I read the Grovel of the Year—presumably you know what a banner year 2020 has been for grovels, as executives, academics and whole companies and organizations desperately try to mollify the Black Lives Matter mobs—-I instantly thought of the Monty Python skit above, as the brilliant Michael Palin portrayed a certified public accountant attempting to be bold and assertive, only to dissolve into a puddle of blubbering doubt the second he was challenged to follow through on his decision.

We are told that Matthew J. Mayhew, the William Ray and Marie Adamson Flesher Professor of Higher Education at Ohio State University, has published more than 75 peer-reviewed articles and is a co-author of How College Affects Students: Volume 3. He recently co-authored an admittedly fatuous piece for the Journal of Higher Education  called, “Why America Needs College Football” that was published on September 24. The cancel/race-baiting/ progressive bully mobs attacked, and it took only four days for poor Mayhew to issue a Palin-worthy grovel, begging for forgiveness and rejecting what he had written just days before.

“Weenie” doesn’t begin to describe the deficits of integrity and character his capitulation represents.

Here are examples of what he and co-author Musbah Shaheen wrote ( Shaheen is an Ohio State Ph.D. student, and hasn’t been heard from. I assume he is on the run, has changed his name and is off the grid, and will soon be sharing an apartment in Antartica with Salman Rushdie):

Essentializing college football might help get us through these uncharacteristically difficult times of great isolation, division and uncertainty. Indeed, college football holds a special bipartisan place in the American heart.

and…

College football reminds many Americans of the community values that underscore higher education and by extension America itself.Americans have lost the united sense of who we are as a nation.

and…

This election season has demonstrated how stifled, polarized and dangerous our political differences have become, and college football can remind us of respect — even in the wake of deep disagreement. We can root for different teams, scream at the players, argue with the refs and question the coaches, but win or lose, at the end of the day, we leave the stadium, watch party or tailgate with a sense of respect for the game and the athletes that train so hard, leaving it all out on the field every time.

and…

Deep difference doesn’t have to lead to disrespect.

The Horror! Continue reading

Comment Of The Day: The First 2020 Presidential Debate.

[The transcript is here]

I’ll make my comments regarding last night’s debate relatively brief. Right now I’m going to give the floor to Chris Marschner, whose lengthy comment shortly after it concluded is both fair and thorough. This is an ethics blog that has been forced into commenting on politics far more than it should or that its writer wants to, and for that I blame, as a depressed friend said yesterday, “the politicization of everything.” I am going to try, as I have all along in matters relating to President Trump and the unconscionable methods the Axis of Unethical Conduct has employed to undermine and remove him regardless of the long- and short- term harm they inflict on the nation, to keep my observations on the debate to ethical issues . I think, for the most part, Chris does too, which is one reason I admire his Comment of the Day.

One of his main complaints is the incompetence of the President in failing to clearly explain and defend his response to the Wuhan virus. I won’t touch on that at all;  Chris is right,  but it’s Julie Principle territory. Yes, it would be great if this President could articulately marshal facts and statistics to kill false narratives, as Barack Obama and Bill Clinton could. The man just doesn’t do that, can’t, and never will. It is true that Biden provided many opportunities that a more verbally adept President could have exploited, but complaining that Trump is Trump seems pointless now.

My own observations, which I will restrict to just ten, are here—I wrote them up before reading Chris’s analysis.. Meanwhile, here is Chris Marschner’s Comment of the Day on last nights debate, nominally on the post, “Pre-Debate Ethics Distraction, 9/29/2020: Prediction: Whatever Happens, I’m Going To Hate It, And The News Media Will Lie About It”:

I can’t believe American politics has devolved in to the one of those circuses elsewhere when the the two sides clear the benches for physical free for all. Chris Wallace is ill suited for what our debates have become and his questions being so long allowed the two candidates to go off into their preferred areas of attack instead of giving relatively succinct answers.

It also appeared to me that the questions were structured in such a way that Trump had to defend his decisions while Biden was given the opportunity to lay out his ideas. Having to defend the measurable and complex issues of a pandemic response coupled with widespread unrest in major cities fomented by race-baiters while your opponent merely has to give unmeasurable platitudes is sort of unreasonable. The only one challenging Biden on his record was Trump while Trump was challenged by Wallace and Biden.

Trump may come across as overbearing tonight but I recall Biden’s debate with Paul Ryan in which he behaved as Trump did tonight. Perhaps the game plan was to not let Biden pull that again. Continue reading

Pre-Debate Ethics Distraction, 9/29/2020: Prediction: Whatever Happens, I’m Going To Hate It, And The News Media Will Lie About It.

The question for the ages: Was this the most unethical pair in a Presidential debate before tonight?

1. Well this seems ominous. This morning the Trump campaign requested  that a third party inspect both candidates for electronic devices or transmitters. President Trump had already consented to such an inspection, and the Biden campaign had reportedly agreed to this days ago. The New York Post reported a few hours ago that the Biden camp refused the condition.

What’s going on here? I can only assume that it’s gamesmanship. Biden would be beyond demented to try to cheat in a broadcast debate.

2. Here are results of the FIRE’s college free speech rankings survey, as determined by students. My alma mater ranked #46 out of the 56 schools ranked; no surprise there. The school I worked for as an administrator after getting my law degree there is two slots worse.

3. Prediction: It will not end well for poor David Hogg. I foresee a tragic opera in his future. Too young for the prominence he was thrust into as a survivor of the Parkland shooting, cynically exploited by the news media and activists who did not care about him, he is now condemned to have no support from any quarter. His best course would be to quietly leave the public gaze forever, and fight off the addiction of fame. It’s not easy. Continue reading

Monday Ethics Lockdown, 9/28/2020: Wait, CNN Reporters Are Challenging Democrats Now?

I locked it down so securely that it took until Tuesday to open it…

1. Does the Democratic Party’s 2020 ticket constitute the most irresponsible nominations for President and Vice-President in U.S. history? I think a strong case can be made that it is. The patriotic duty of a political party is to give the American people the best possible choices of competent and trustworthy leaders to cast their votes for. In 2020, the nominee for President is mentally declining into incompetence, and the nominee for Vice-President appears to have no genuine objectives other than her own voracious ambition, and will say anything to achieve that. Recent evidence:

  • It was missed at the time, and the 77-year-old Biden had more marbles left then, but during a town hall event last October before the South Carolina Democratic primary, video shows Biden claiming, “I got started out of a HBCU, Delaware State,” he told pupils at Wilson High School in Florence, founded in 1866 by the Freedmen’s Bureau for black children seeking an education. Delaware State is a traditional black college. Yesterday, Delaware State University confirmed  that Joe Biden was never a student there.

Did Joe really misremember where he went to college? Does he think he’s black? Was he lying? Who knows?

  • Kamala Harris appeared at the virtual NAACP convention last week, and, CNN commentator Angela Rye asked Harris who was the best rapper alive. “Tupac!” she answered.

Tupac Shakur has been dead since 1996. Harris, as is her habit, tried to giggle the gaffe away, and then was given another chance. “There’s so many, you know?” she huminahumina-ed. “There’s some I would not mention right now because they should stay in their lane.”

Sure. You know, I have never listened to a rap station or to a single rap song all the way through,  and I can name at least six. Heck, just add almost any adjective to “Ice” and you’ll probably name one by accident. And I’m not even sort-of black.

It’s not that Harris is faking it all the time, it’s that she’s not smart enough to do a convincing job faking it.

2. Wait, another CNN reporter refuses to let a Democrat get away with spouting nonsense? Continue reading

Observations On The Trump Tax Returns Dud

Someone at the IRS finally leaked the President’s taxe returns to the Times. That’s a crime, just as it would be if someone leaked my taxes or yours. Of course, this was inevitable, filled as the government bureacracy is with unethical employees who feel it is their duty to try to undermine their ultimate supervisor. Those who cheer on this per se wrongful conduct are enabers and rationalizers.

Other points:

1. In “An Editor’s Note on the Trump Tax Investigation,” the Times felt it necessary to remind readers, “Some will raise questions about publishing the president’s personal tax information. But the Supreme Court has repeatedly ruled that the First Amendment allows the press to publish newsworthy information that was legally obtained by reporters even when those in power fight to keep it hidden. That powerful principle of the First Amendment applies here.” That’s right, the news media has a right to encourage others to break the law and to publish the results. It’s still unethical, except in the rare circumstances where the public interest is indisputably served by furthering an illegal act, as with (arguably) the Pentagon Papers. Publishing documents protected by law that show no wrongdoing only to encourage partisan attacks in an election year is not such a situation.

The Times can’t be punished, but whoever leaked the documents can, and should.

2. I guess this is the time to post this tweet by CNN’s Brain Stelter, which proves his stunning ethical deficits as well as anything he has ever said on CNN. He was responding to another tweet pointing out that leaking tax returns is a crime, as I just did.

Oh! So if Stelter knows he has received embezzled funds from a bank employee, Stelter can spend the cash on a hairpiece because the thieving employee had legal access to the cash!

Has any news network simultaneously employed three dolts as mentally deficient as Stelter, Don Lemon, and Chris Cuomo? Continue reading

The Amy Coney Barrett Hysteria, PART I

We knew that whenever it was that Ruth Bader Ginsburg had to be replaced (and those of us who have not completely forgotten the immutable rules of mortaliy were not shocked when this occurred sooner rather than later) we knew that the Left would freak OUT. That they—by “they” I mean Democrats, “the resistance,” the Trump Deranged, pro-abortion fanatics, feminist ideologues and the substantial segment of social media that can be counted upon to react like the cattle in “City Slickers” when Billy Crystal turns in his battery-powered coffee grinder—would freak out quite this embarrassingly, however, I did not foresee.

This is only because I am an idiot, of course. The way the left has reacted and is reacting to Donald Trump’s election should have prepared me. Surely the despicable way they treated Brett Kavanaugh should have prepared me. It’s just that I find it hard—maybe I should say “painful”— to believe that one whole side of the political spectrum is capable of it all.

Need I mention that metaphorically running around screaming nonsense with one’s hair on fire is unethical? It is irresponsible citizenship, it is neither competent nor prudent, and it upsets the less-intelligent members of the herd, and it is wildly unfair to Judge Barrett.

Let’s just stick with that proposition, and concentrate primarily on examples that are res ipsa loquitur, meaning in this case that if you have to be told why some things are nuts, then you’re nuts too.

  • Senator Gillibrand’s tweet:

The fact that this outrageous statement is not out of character for the Junior Senator from New York doesn’t make it any more tolerable. The statement itself is another iteration of The Big Lie. Of course Barrett is qualified for the Court. Her former colleagues say so, the ABA says so, and and the current membership of the Court itself says so, since there are more than one Justice whose qualifications upon being confirmed were considerably less impressive.

Gillibrand represents the dangerous brand of anti-democratic thought her party is now peddling, albeit more openly and flagrantly than most of her compatriots, who are smarter than she is. That false principle is that only those who bow to Leftist cant are “qualified” to have any influence, legitimacy or power at all. Continue reading

It Shouldn’t Require A “Theocracy” to Decide THIS Lawsuit Correctly

The Capitol Hill Baptist Church in the District of Columbia, is suing Mayor Muriel Bowser and the District government for violating its First Amendment right to worship.

Good.

“CHBC desires to gather for a physical, corporate gathering of believers in the District of Columbia on Sunday, September 27, 2020, and on subsequent Sundays, and would do so but for those actions of the Defendants that are the subject of this Complaint,” the lawsuit charges. It seems pretty clear that Bowser is applying one set of rules against religious institutions and another set of piorities entirely when it comes to activities she cares about. In March, Bowser (Is she the most unethical big city mayor in the U.S.? She’s certainly in the running, but it’s a tough field) issued an executive order prohibiting churches from meeting indoors or out because of public health concerns related to the pandemic. D.C.’s  four-stage plan would bar in-person worship gatherings until there is an “effective cure or vaccine” for the Wuhan virus, a rule that can be counted on to wound, perhaps mortally, church communities that have been built up over many decades. Right now gatherings are supposedly limited to 100 people or up to 50 percent of the building’s capacity, whichever is fewer. The 850-member Capitol Hill Baptist Church  has been meeting in a field in Virginia.

The 142-year-old congregation explains in its suit that “a weekly in-person worship gathering of the entire congregation is a religious conviction for which there is no substitute. The Church does not offer virtual worship services, it does not utilize a multi-site model, and it does not offer multiple Sunday morning worship services.”

The church’s covenant, to which all members must agree, pledges that they “will not forsake the assembling of [them]selves together,” as decreed in the Bible.  The church’s website explains,

“Since its founding in 1878, CHBC has met in-person every Sunday except for three weeks during the Spanish Flu in 1918. That changed following Mayor Bowser’s first orders concerning COVID-19 on March 11, 2020. Since that time, the members of CHBC—most of whom live in the District—have been unable to meet in person, as one congregation inside District limits (even outdoors)….CHBC has applied for multiple waivers to the policy. District officials refuse to provide CHBC with a waiver beyond 100 persons as part of a mass gathering…A church is not a building that can be opened and closed. A church is not an event to be watched. A church is a community that gathers regularly and that community should be treated fairly by the District government.”

Fairly? On June 10, the church asked for a waiver so the congregation could meet at currently abandoned RFK Stadium, which is large enough to permit social distancing. The mayor’s office didn’t respond to the request and subsequent appeals until September 15, and then issued a rejection stating that “[w]aivers for places of worship above that expanded capacity (100 attendees) are not being granted at this time.” Continue reading

Dan Rather, Ethics Villain; Esquire, Ethics Villain Enabler

My, this is ironic! In an essay defending journalism while attacking President Trump for labeling current day journalists as “enemies of the people,” Esquire writer Ryan D’Agostino both manages to prove Trump correct, and while lionizing disgraced journalist Dan Rather,  inspires Rather to show how he exemplifies what’s rotten within his profession.

“In a wide-ranging interview,” the essay/interview ‘s description says, “the legendary reporter gives a clinic on journalism, its intersection with politics, civil rights, and the future of American culture.” This alone would normally keep me from reading such a piece, were it not part of my job to expose unethical mind rot. Rather is a legend, as the cliche goes, in his own mind. Having him give a clinic on journalism would be like  Sweeney Todd giving a clinic on barbering, and no one should care what he says or thinks about anything, having proven himself to be untrustworthy and afflicted with warped reasoning.

Here, for example, is Rather’s description of the fake news scandal that cost him his reputation and career. Well, let me take that back: first read part of D’Agostino’s self-indicting introduction of it:

There were proven technical and even journalistic flaws in the evidence Rather’s team found—but no one questioned the truth of what they were saying. Bush never disputed the veracity of the claims. It was a strange situation: By way of a possibly forged document, they had uncovered a damning truth about the sitting president.

Wow.

  • Equivocation and deceptive verbiage: “Proven technical and even journalistic flaws in the evidence Rather’s team found.” The “technical flaw” was that the only tangible evidence Rather found was a forgery, and the journalistic “flaw” was that Rather’s report was built on a lie, which is what a forged document is.

That’s not “flawed” journalism; it’s a political attack disguised as journalism. Continue reading