Character

Another Morning Ethics Warm-Up Delayed Until Afternoon By Exigent Circumstances, 10/22/2020: Three Weird Stories That May Indicate That Everything Is Spinning Out Of Control

/ Jack Marshall / 40 Comments

I would have mentioned tonight’s debate in the headline, but I’m not fond of thinking about the future of American democracy resting on the ability of Donald Trump to speak coherently and to control himself. Who came up with this script anyway?

Then again, God works in mysterious ways…

1. In Alaska ethics news…Here’s an ugly ethics train wreck, and one of the best examples I could imagine of the old adage, “Don’t sleep with anyone crazier than you are,” except it doesn’t seem like there was sleeping involved.  

The mayor of Anchorage, Ethan Berkowitz, resigned last week after admitting that he had engaged in an “inappropriate” “consensual messaging relationship”— I’m not even sure what that is”—with an Anchorage news anchor.  

Berkowitz’s resignation followed an unsubstantiated claim in a video posted to social media by the news anchor, Maria Athens, promising viewers an “exclusive” story showing that the mayor engaged in sex act with underage children. When the mayor responded by calling the allegations “slanderous” and false, Athens posted what she said was an image of the mayor’s bare backside, and added a laughing emoji.

Yes, she is apparently insane. The Anchorage Police Department said it had worked with the F.B.I. to investigate the allegations about the mayor and “found no evidence of criminal conduct.”

Before Athens posted her video online, she had left a voice message for him in which she engaged in an emotional rant, made  anti-Semitic references and promised that she would be exposing the mayor as “a pedophile.” “I’m going to get an Emmy, so you either turn yourself in, kill yourself, or do what you need to do,” Ms. Athens said, according to the audio clip. She then said she would personally kill him and his wife.

That must have been some messaging relationship.

Athens, 41, is—well, was– the main news anchor for two outlets, KTBY and KYUR. The station owner said the video she posted had not been approved. After her video went up, Athens was arrested following a physical altercation with her boss at the station, and was charged with misdemeanor assault, criminal mischief and disorderly conduct.

So remember, kids, never engage in an inappropriate messaging relationship with someone crazier than you are.

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Ethics Quote Of The Month: Time Op-Ed Writer Bret Stephens

/ Jack Marshall / 11 Comments

shhhh

“It’s a compromise that is fatal to liberalism. It reintroduces a concept of blasphemy into the liberal social order. It gives the prospectively insulted a de facto veto over what other people might say. It accustoms the public to an ever-narrower range of permissible speech and acceptable thought. And… it slowly but surely turns writers, editors and publishers into cowards.”

—Bret Stephens, intermittently conservative New York Times columnist, in an op-ed condemning the acceptance of censorship and self-censorship as norms by the modern Left.

Stephens is certainly on a roll lately. His previous column (effectively and accurately) condemning the pet Times race propaganda “1619 Project” for what it is (that is to say, cultural and historical toxic waste) was not his last, as many predicted, and apparently emboldened by his survival, Stephens is determined to “let it all hang out,” as they used to say in the Sixties. Once again, he is attacking his own paper, which has doubled-down in its determination to publish only the news it feels safe to let its readers know about.

It is telling that Stephens’ column was published in tandem this week with another attempt by the Times to hide the utter corruption of the Biden family from the public, at least until the election is over. Above the Stephens piece—also telling—is the poisonous Michelle Goldberg’s screed suggesting that the discovery of Hunter Biden’s incriminating (to both him and his father) laptop is more GOP “collusion.” The Times’ truly despicable headline: “Is the Trump Campaign Colluding With Russia Again?” Note “Again”: the Mueller investigation found no evidence of “collusion” by any American citizen, much less the Trump campaign (to be fair, it didn’t investigate the Clinton campaign’s Russian dealings), and yet the Times allows that lie to lead its Editorial page. Polls show (I know, I know: polls) that over 70% of Democrats still think the President won the election by colluding with Russia, and mainstream media descriptions like this is a main reason. And it’s intentional.

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High Noon Ethics Shoot-Out, 10/21/2020: Religious Bigotry Vs Anti-Gay Bigotry! “Whitewashing” Vs Anti-Semitism! Google Vs Trust!

/ Jack Marshall / 25 Comments

As you may (and should) know, the classic Western “High Noon” was and is regarded by some conservatives as anti-American. I think it is, as excellent as it is. The ending, where the heroic law man (played by Gary Cooper in an Academy Award-winning performance) throws his star in the dirt in disgust (imitated by “Dirty Harry” for very different reasons in that conservative film years later), is widely seen as a rejection of American society as hypocritical. (The fact that the screenwriter, Carl Foreman, was a Communist doesn’t help.)

My favorite scene in the movie, where Cooper begs the church congregation to help, plays like a “Twilight Zone” episode, with the whole town rationalizing furiously to avoid helping the desperate law man minutes away from having to face, alone, vengeful thugs determined to kill him. (The whole scene is not on YouTube; I searched.) “Rio Bravo,” one of the best John Wayne Westerns and a personal favorite, was devised by director Howard Hawks as a direct rebuke of the selfish and craven America “High Noon” posits. In the Duke’s movie, the lawman, Wayne, constantly rejects the offers of help he receives, though he knows hired killers are massing to free his prisoner. Yet people go out of their way, at great personal risk, to help him anyway, time after time. “High Noon” is a better movie (maybe), but “Rio Bravo” is a fairer depiction of American values and history.

1. This is why I tell lawyers and government employees that it’s unethical to use Google for professional communication and client matters. Mac programmer Jeff Johnson has discovered that if you set Google Chrome to eliminate all website cookies and site data when you close the browser, the data remains un-erased for YouTube and Google itself.

What a coinkydink!

“Perhaps this is just a Google Chrome bug, not intentional behavior, but the question is why it only affects Google sites, not non-Google sites,” Johnson says. “I’ve tested using the latest Google Chrome version 86.0.4240.75 for macOS, but this behavior was also happening in the previous version of Chrome. I don’t know when it started.”

Bottom line: Don’t trust Google. Like I’ve been saying….

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“Abducted In Plain Sight”: Maybe People Really Are Too Stupid To Be Trusted With Democracy

/ Jack Marshall / 45 Comments

Abducted

If that title sounds harsh, by all means watch the Netflix true crime documentary “Abducted in Plain Sight.” Otherwise, I’m not sure the ordeal is worth it, since it may throw you into a depression from which you never recover. That’s where I am now.

With the nation facing what might be—“I do believe in people, I do believe in people,” he says in his best Cowardly Lion imitation—an existential election, I really did not need any more reason to despair of the life competency deficit and declining mental state of the nation’s voters. In fact, I decided to watch “Abducted in Plain Sight” to take my mind off of The Big Stupid, with its ongoing efforts by the news media to keep Americans ignorant of the Biden scandal, the brain-melting tale of the Zoom adventures of He Who Must Not Be Named, and polls that seem to show that most of the American public is incapable of paying attention to matters that will effect their lives, family and nation.

Big mistake. What watching the 2017 award-winning documentary did was vividly remind me that normal, decent, religious middle-class Americans like those you live and work with may well be too moronic and irresponsible to be entrusted with children, never mind make decisions about leadership and public policy that will affect the rest of us.

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Scary Tales Of The Great Stupid: San Diego Schools Decide That To Fight Racism, Character And Education Have To Go

/ Jack Marshall / 17 Comments

Triple facePalm

Oh, yes, this will work out well.

Seldom have social upheavals combined with irresponsible propaganda resulted in more devastating mass amnesia by institutions regarding well-settled reality than “The Great Stupid,” now playing in your community and mine. Joining advocacy for such self-evident disasters as open borders, eliminating police, self-declared childhood gender flips and re-segregation is the decision to eliminate basic standards in education because educators can’t seem to explain stubborn racial gaps. Make everyone equally ignorant, unethical and undisciplined! Brilliant!

I’m not exaggerating; I wish I were. The San Diego Unified School District (SDUSD), the second largest school district in California with over 106,000 students, announced that it is overhauling how students will be evaluated because “teachers fail minority students more than White students.” Since the possibility that the reasons for this persistent problem may rest within minority culture and society pathologies rather than failures of the educational system is unpalatable to the Left and politically incorrect, the proscribed solution is to overhaul the way students are graded as part of what school board members call  “a larger effort to combat racism.”

“This is part of our honest reckoning as a school district,” says SDUSD Vice President Richard Barrera. “If we’re actually going to be an anti-racist school district, we have to confront practices like this that have gone on for years and years.” Thus the school board voted unanimously last week —unanimously; think about that— to make sweeping changes. There will be no yearly grade averages. “Things like” turning work in on time and classroom behavior will not affect academic grades, but will only count toward a so-called “citizenship grade.” On the docket for reconsideration in an upcoming meeting: de-emphasizing discipline and penalties for cheating.

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Monday Ethics Warm-Up, 10/19/2020: Wherein My Head Explodes At Least Once

/ Jack Marshall / 36 Comments

head-explode Calvin

1. KABOOM! Just when I thought 1) Georgetown could not embarrass this alum more thoroughly and 2) my head had been immunized from exploding comes the astounding news that Georgetown University has hired former FBI agent Peter Strzok as an adjunct professor. Strzok is now listed on the university’s staff page and he mentioned the Walsh School of Foreign Service on his Twitter profile. An alumnus, he will be teaching a “Counterintelligence and National Security” in the fall semester.

While engaged in an adulterous affair with then FBI lawyer Lisa Page in 2016, Strzok exchanged suspicious anti- Trump messages that called into question the legitimacy and fairness of the Mueller investigation. The FBI fired Strzok  in 2018 for  undermining public confidence in the non-partisanship of the bureau and federal law enforcement.

Stay classy, Georgetown! I already have my law school diploma facing the wall; I guess I can coat it with some kind of noxious substance…

2. The villain here is the professor. This is no time to be a weenie. Actually, there is never a good time to be a weenie. A professor at the University of Pittsburgh School of Law used “nigger” (referred to in infantile fashion by the law school’s announcement as “the n-word,” since “poopy badspeak” hasn’t caught on yet) in the context of discussing an offensive language case. But of course a student or six reported him, because they could, and it is an easy way for young progressive cowards to justify puffing up their pigeon chests because they get to cause trouble for someone who did absolutely nothing wrong.

The adjunct professor has not been identified, but in an email from law school administrators, including Law Dean Amy Wildermuth, it was announced that the professor has resigned.

“The instructor apologized and expressed his deep regret to the class, and informed the class at 1 p.m. today that he was resigning immediately from teaching at Pitt Law,” the announcement said in part.  “We condemn the use of this word, and we believe that saying this word and words like it, even in an academic context, is deeply hurtful,” the note concluded.

Words are not hurtful. Meanings are hurtful, when they are intentional. This is virtue-signaling and language policing of the most indefensible sort. The professor, whoever he is, had an obligation to the school, the culture, his profession, common sense and himself to fight, not surrender.

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Yes, We Have Another New Rationalization! Welcome #20 A: “Everyone Deserves A Second Chance!”

/ Jack Marshall / 8 Comments

Cora

No, in fact everyone doesn’t.

I encountered this inexplicably omitted rationalization—“inexplicably” because we all hear it so often, yet its obvious rationalization character had not occurred to me—today while reading a post by a friend, a Boston Red Sox sportswriter. My friend was answering a query about who the Sox, just off a terrible season, might tap to become the new manager, since the team had unceremoniously dumped poor Ron Roenicke, who literally never had a chance to do anything but fail. The inquirer wondered if Alex Cora, the Sox manager in 2018 and 2019, might return though he had been fired before the 2020 season since he was serving a year-long suspension for his part in the Houston Astros cheating scandal while he was a Houston coach in 2017. My friend, who has made this same argument to me in private conversations, wrote,

I’m not an oddsmaker, but if I was making the decision, I would bring Cora back in a heartbeat. Players responded well to Cora in his two-year stint managing the Red Sox, and it would obviously be well-received in the clubhouse if he comes back. Cora is also popular among Red Sox fans as many of them have been pining for his return. Bringing Cora back could help to rejuvenate a fan base that was discouraged by the 2020 season. As for the detractors who say he was part of a sign-stealing scandal with the Astros? Everyone deserves a second chance.

Ugh. This was not my friend’s finest hour—wait, that’s a rationalization too (19A The Insidious Confession, or “It wasn’t the best choice.”). Okay, the statement was awful:

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Observations On The Hunter Biden Emails Ethics Train Wreck

/ Jack Marshall / 25 Comments
train wreck - b

That’s democracy falling over…

  • Lawyer/blogger Ken White, in his new incarnation of Popehat, has a useful, informative but misguided post about the misunderstanding of the law as it applied to Twitter and Facebook manipulating the news to push Joe Biden over the finish line. Yes, it’s true: there is nothing illegal or unconstitutional about the social media platforms choosing to censor communications they don’t like, even if its objective is to “rig”—in President Trump’s term—the election. It is still, however, wrong. Ken is usually a bit more nuanced in recognizing the critical law vs ethics problem. Okay, I got it” members of Congress and conservative pundits arguing that Section 230 requires social media platforms to be fair and unbiased are wrong. They, are, however 100% right that the current conduct of those platforms threatens to undermine democracy. You can’t, as one of the links White points readers to does, call Section 230 “the internet’s First Amendment” and then complain that politicians think the law ought to prevent partisan censorship.

Boy, I sure hope Trump Derangement hasn’t gotten Ken too…

  • Imagine if the Hillary Clinton server story was buried by the news media the way it is trying to run out the clock on the Joe Biden/Hunter Biden influence peddling story. That tells you just how far the news media has deteriorated in four years (and also how much more certain journalists were that Hillary would win no matter what they reported).

I’ll wait to see what kind of coverage the story gets on the CNN, ABC, NBC, CBS and Fox Sunday shows, but even if it is adequately covered, those programs have a relatively select viewership. By past standards, the Hunter Biden emails should be front page, above the fold material, and yet only a conservative New York City tabloid and its ilk are making it so.

And one more time, this should not be pigeon-holed as a “conservative” lament. All Americans of any ideological persuasion should fear and loathe the news media trying to slam its heavy fist on the electoral scales this way. Why don’t they? Are that many citizens really willing to see elections “rigged” if their favorite party wins? If so, theRepublic is lost no matter what happens in 2020.

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Weekend Ethics Update, 10/18/20: As The Election Nears…Seeking Contrast And Perspective

/ Jack Marshall / 22 Comments

  1. Ethics movie alert. Its heart is true blue—this is an Aaron Sorkin film, after all—but “The Trial of the Chicago Seven,” now on Netflix, is excellent, as well as must-watching for the astounding number of Americans under 40—50? 60?—who know almost nothing about the previous period of liberal arrogance, political incompetence and institutional failure, the late Sixties. The cast is excellent and star-studded; whoever came up with the idea of casting Sasha Baron Cohen as Abbie Hoffman should win a casting Oscar, for example. For me, the movie brought back memories sharp and grim: what a shitstorm that trial was. Frank Langella, whom I just watched in his remarkable performance as Richard Nixon more more than a decade ago in “Frost/Nixon,” is a memorable if unsympathetic Judge Julian Hoffman. Hoffman, I think, deserves better: like Judge Ito, Hoffman never had a chance to avoid judicial infamy once that trial became a circus, and that bwas something no judge on Earth could have stopped.

Then there is the frightening reality that the Chicago Seven (and Bobby Seale made Eight), who seemed like fringe-y, juvenile extremists at the time, look moderate and reasonable in comparison to today’s antifa, Black Lives Matter followers, and…dare I say it? … a nearly critical mass of Democrats.

2. Speaking of which…Senator Diane Feinstein is under attack from that nearly critical mass for indulging in traditional professional civility and bi-partisan responsibility by not pushing the recently completed hearings on the nomination of Amy Coney Barrett nomination to turn into a hyper-partisan fiasco, like the Kavanaugh hearings. She even praised her Republican counterpart, Senator Graham, for doing a good job (it wasn’t that good a job) in chairing the hearings, unlike, to just pick an example out of the murky past, the job Senator Joe Biden did during the infamous Clarence Thomas hearings. Feinstein is nearly 90, and should not be in the Senate at that age just as the unjustly sainted Justice Ginsburg should not have been on the Supreme Court long enough to die in office. Nonetheless, she is trying to hold the line against forces in her own party that would make peaceful and functioning Democracy impossible.

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Musings On A Recent Entry In The Ethics Alarms “I Don’t Understand This Story At ALL” Files

/ Jack Marshall / 35 Comments

Fontrell Baines, 31, a rapper who goes by the stage name of “Nuke Bizzle,” was arrested on three felony counts of access device fraud, aggravated identity theft and interstate transportation of stolen property, thus facing up to 22 years in federal prison. It’s not just that the evidence shows that Baines and his co-conspirators fraudulently obtained at least 92 debit cards pre-loaded with more than $1.2 million on them and converted the cards into more than $700,000 of ill-gotten gains. The rapper was caught after he posted a music video about the scheme on YouTube, leading to his arrest last month while he had multiple debit cards in his possession with the names of people who weren’t him..  The catchy rap song,  in which he boasts about getting “rich off of EDD, amassed more than 400,000 views and also alerted authorities to his scheme.

“Unemployment so sweet,” Baines raps. “We had 1.5 land this week!” A cohort on the video joins in, “You gotta sell cocaine, I can just file a claim!”

Prosecutors say the stolen cards were sent to addresses in Beverly Hills and the Koreatown neighborhood of Los Angeles, where “Nuke” could get grab them. For inspiration….

Musings:

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