Character

Cancel Culture Ethics: Two Gaffes, Two Polls

/ Jack Marshall / 31 Comments

Chuck Bonniwell and Julie Hayden, a husband and wife team, co-hosted the “Chuck and Julie “show  on KNUS AM TalkRadio in Denver. Riffing about the impeachment this week, Bonniwell said,  “All right, here, a little after 1:30, talking about the never-ending impeachment of Donald Trump. Then he added, chuckling, ” You know, you wish for a nice school shooting to interrupt the impeachment news….”  Julie quickly jumped in, saying, “No! No! Don’t even — don’t even say tha!. No, don’t even say that! Don’t call us. Chuck didn’t say that!”Still laughing,  Bonniwell tried a save, finishing his handing sentence with “in which no one would be hurt.”

Jason Salzman of the Colorado Times Recorder, who said that after hearing Hayden’s plea for listeners not to call their complaints about her husband’s joke, he “called anyway.” Sandy Phillips, who lost her daughter in the Aurora theater shooting, posted on Twitter: “This guy should be fired. Total ignorance. Shootings hurt us all … just ask witnesses and first responders. You don’t have to be shot to be wounded.”

Bonniwell isued an apology the next evening after 24 hours of criticism on the “Chuck & Julie” Twitter feed, saying,  “I made an inappropriate comment meant as a joke. I’m sorry it was not received that way.”  Too late. KNUS fired Chuck and Julie later that evening:

Was this a fair decision?

I’m not sure it was. As I have held here on other occasions, those who take extemporaneously for a living, especially when they are expected to be amusing, are constantly walking a high wire. Occasional gaffes, including moments when certain metaphorical landmines are tread-upon or lines are crossed, are inevitable, and the more creative and bold the talent, the more likely such events are. A no-tolerance policy is unreasonable, and it is virtually always the ethical approach to treat the first such error with a warning or punishment short of dismissal. Virtually, because there may always be single gaffes that are so terrible and potentially destructive to the talent’s employer that firing is the only response.

Thus the question here is whether Chuck Bonniwell’s comment falls in the latter category. My view si that it does not: Continue reading →

Ethics Recovery, 12/19/19, Post Op Edition: Terrible People

/ Jack Marshall / 36 Comments

Here I am, I think! Hello?

I’m still groggy from the anesthesia, and the doctor said not to do too much, and definitely not to make any important decisions. I remembered that advice just in time, when I was tempted to watch the Democratic Candidates’ debate, and realized I must still be disoriented. Then I turned to ABC, and thought I saw the Miss America Pageant, which is impossible in enlightened 2019, so I was definitely hallucinating. I’ve also been off my blood-thinner for two days, and could stroke out any second.

1. On Pelosi’s desperate stunt. The House of Representatives adjourned before voting to send the articles of impeachment to the U.S. Senate for a trial. Apparently Democrats are refusing to forward the impeachment to the Senate until they receive assurances the trial will be “fair” in their eyes. You know, like the partisan impeachment in the House, which began with closed hearings overseen by Adam Schiff, and no witnesses who had anything to offer but opinions and hearsay, and ended up with Articles that failed to assert impeachable offenses. Fair.

The Democrats have been following through on this insane scheme hoping to get as much TV time as possible showing Democrats insulting the President, hoping that more repetitions of “Orange Man Bad” supported by the seven Big Lies will somehow change enough votes to avoid a disaster in 2020. They know that absent some presently unknown smoking gun, there is no way they can get the two-thirds super-majority to convict (they’re wishing and hoping for that, too) and knew this all long. The plan now is to try to discredit the Senate acquittal in advance.

This requires a belief that the non-Trump Deranged among the public (think of the rest as the equivalent of the infected in “World War Z”) have the IQs of annelid worms, and the short-term memories of mayflies. The party really believes that after Pelosi and the rest said it was imperative to impeach Trump as soon as possible because the nation and the Constitution is in imminent peril, the decision now to stall the impeachment process won’t be seen as proof that the whole exercise was a cynical, dishonest, hypocritical sham. This is more than irresponsible and incompetent. This is a parody of irresponsible and incompetent.

2. More…It also illustrates the dishonest and insincere nature of the Democrat/”resistance”/mainstream media’s three-year  narrative about President Trump ignoring “democratic norms” and the Constitution. Prof. Noah Feldman, who made it clear when he testified that he wants to see Trump impeached and is willing to warp his interpretation of the Constitution to get it done, isn’t willing to endorse this trick. He wrote,

If the House votes to “impeach” but doesn’t send the articles to the Senate or send impeachment managers there to carry its message, it hasn’t directly violated the text of the Constitution. But the House would be acting against the implicit logic of the Constitution’s description of impeachment.

A president who has been genuinely impeached must constitutionally have the opportunity to defend himself before the Senate. That’s built into the constitutional logic of impeachment, which demands a trial before removal.

To be sure, if the House just never sends its articles of impeachment to the Senate, there can be no trial there. That’s what the “sole power to impeach” means.

But if the House never sends the articles, then Trump could say with strong justification that he was never actually impeached. And that’s probably not the message Congressional Democrats are hoping to send.

Alan Dershowitz, who has derided this impeachment from the beginning,writes.

“It is difficult to imagine anything more unconstitutional, more violative of the intention of the Framers, more of a denial of basic due process and civil liberties, more unfair to the president and more likely to increase the current divisiveness among the American people…President Trump would stand accused of two articles of impeachment without having an opportunity to be acquitted by the institution selected by the Framers to try all cases of impeachment. It would be as if a prosecutor deliberately decided to indict a criminal defendant but not to put him on trial.”

Civil rights attorney lawyer Harvey Silverglate described Pelosi’s gambit as  “manipulation of the system.” The whole impeachment sham has been a manipulation of the system, and now Pelosi’s defenders will have to go deeper into denial to defend it. Professor Turley, no surprise, also condemned the maneuver.  “Articles of impeachment were not meant to be articles of barter,”  Turley wrote.  “Just as the House elected not to seek to compel the testimony of critical witnesses, the Senate can make the same decision for its own house.” Continue reading →

“Nah, There’s No Mainstream Media Bias!” Holiday Edition

/ Jack Marshall / 11 Comments

Oops! Let the mask slip a bit too much there! After hearing from her editors or others in the Post offices that it was poor PR to proclaim the fact that the paper’s staff was cheering, high-fiving and otherwise rejoicing to celebrate their not insubstantial role in provoking a destructive and unjustified Presidential impeachment, Blade solemnly tweeted,

Right.

Too late.

Impeachment Ethics Update, Holiday Edition, Part Three: The Deluge

/ Jack Marshall / 9 Comments

Before getting into the selected items and outrages, let me say again that I don’t think I have ever known any issue to so hollow out the skulls of so many usually rational intelligent people—either that, or somehow create a mass ethicsectomy. Today on Facebook one of those erstwhile bright and informed individuals among my legally educated friends decided to pander to the Borg and hold a poll regarding the “worst defense against impeachment.” His #1 was that the impeachment was really an attempt to undo the 2016 election. I stopped reading right there, and you can imagine, regular readers, what I wrote, but it ended with this, with which I assume you are familiar. Of course, I could have also used this, in which we learn that Democrats indicate that they intend to keep investigating the President and seem likely to keep impeaching him until they are stopped.

1. Let’s start with the massive hypocrisy, nicely noted by David Hirsanyi. Why his piece? Because it encapsulates what is one of the biggest ethical offenses of th entire fiasco, the Democrats concocting double standards specifically to wield against this President, while daring the public not to notice…or to notice and corrupt themselves by supporting the coup efforts anyway. He wrote in part,

Not very long ago, [Democrats] were rationalizing and cheerleading unprecedented abuses of power under the Obama administration. And they’ll be cheerleading for more abuses of the Constitution the next time they win the White House.  Nancy Pelosi can dress in black, recite the Pledge of Allegiance, and act as if this impeachment is her solemn obligation, but everyone saw the Democratic party’s hysterical reaction to the 2016 election. Everyone saw dozens of candidates running in 2018 — either implicitly, but most often explicitly — on getting rid of the president. Just last week we learned that people within our intelligence agencies subverted the law to help Democrats concoct a three-year national panic meant to undermine the veracity of a fair election…. If your contention is that the Constitution protects abortion on demand through the ninth month but are fine with undermining property rights, gun rights, religious freedom, and any meaningful separation of power, you’re not a custodian of the Constitution, you’re partisan with an agenda. So do what you must. But it’s been insufferable watching you playact sentinel of the American Republic — whose presumptions, institutions, documents, and Founders you don’t really seem to like very much.

2. Back to you, Alan Dershowitz, who wrote a clear and convincing explanation in The Hill of why both Articles of Impeachment failed Constitutional standards. Key paragraph:

Both are so vague and open ended that they could be applied in partisan fashion by a majority of the House against almost any president from the opposing party. Both are precisely what the Framers had rejected at their Constitutional Convention. Both raise the “greatest danger,” in the words of Alexander Hamilton, that the decision to impeach will be based on the “comparative strength of parties,” rather than on “innocence or guilt.”

3. Polls cannot be trusted, and in this area especially there have been polls to support every confirmation bias, The story here, however, is how the Democratic Party/”resistance”/ mainstream media has  so entered the zone where they are walled off from reality that they literally can’t handle the truth. CNN legal hack Jeff Toobin (I’m sorry, but that’s what he is) threw an on-air fit as  he rejected the results of CNN’s own poll showing  Democrat support for impeachment dropping from 90% down to 77%. (The reason for this, Jeffrey, is that it is dawning on the smarter progressives  that this divisive and dangerous scream at the sky will make the President stronger).

After Alisyn Camerota did some spinning, saying “Democrat support for impeachment had softened “a little bit”—this is another variety of fake news: deliberate mischaracterization—Toobin erupted, “I don’t believe that poll for one second, the 90 to 77%. I don’t believe it! It makes no sense that that number would change like that . . . David [CNN political director David Chalianong], that poll is wrong. Just because I said so, okay?

This gives us some sense of what the reaction will be when Trump wins the election in 2020. Continue reading →

Impeachment Ethics Update, Holiday Edition, Part Two: The President’s Letter

/ Jack Marshall / 28 Comments

The President’s epic and historic letter to Speaker Pelosi on the eve of the vote to impeach him is nothing if not audacious and to someone who has been making many of the same points the President’s letter does, satisfying. I bet Bill Clinton wishes he had thought of it, except that he had a problem Trump does not: Clinton had in fact committed felonies by lying under oath, something a President must not do. (As I said at the time, without ever hearing a satisfactory rebuttal, if a lawyer would be disbarred for such conduct, as Clinton essentially was—he was forced to quit the Arkansas bar before he was fired from it—how can a President be held to a lower standard?).As President Trump’s letter correctly states, “The Articles of Impeachment introduced by the House Judiciary Committee are not recognizable under any standard of Constitutional theory, interpretation, or jurisprudence. They include no crimes, no misdemeanors, and no offenses whatsoever.”

Well, they are recognizable under some bad and dangerous Constitutional theories, many of which have advocates in the House and among the “resistance” punditry. For example, even now, prominent Democratic House leader Maxine  Waters admits that she has no facts to back up her conviction that the President had a deal with Putin, she’s just sure he did. Waters said she was “ready to talk about” impeachment in February 2017, three weeks after Trump was sworn into office.Her theory later became that an opposing party House majority could impeach a President at will, and didn’t need any reasons other than as assertion that he was “unfit.”

That appears to be what Nancy Pelosi allowed her team to settle on, lacking anything better.

Naturally, the letter has prompted the Democratic Party/”resistance”/mainstream media coup team (what Ethics Alarms calls “The Axis of Unethical Conduct,” or AUC) to have a collective head-explosion orgy. The mainstream print media would not even report on the letter  fairly, in most cases not giving readers the chance to make their own assessment and publishing it with “factchecks” attached, many if not most of which were just partisan spin as rebuttals. For example, in the New York Times version, the section I quoted above was linked to this: “The articles charge Mr. Trump with abuse of power and obstruction of Congress. But an impeachable offense does not have to be a specific crime.” Well…

  • That’s an opinion, not fact. Every previous impeachment has involved a specific crime.
  • As Prof. Dershowitz pointed out, the “obstruction of Congress” referred to in the Articles of Impeachment  cannot be called misconduct, since the Supreme Court has deemed the President’s power in this regard an open question until they rule on it—next June.
  • As Jonathan Turley (and Trump) pointed out, “abuse of power” is too subjective a standard to use as an excuse for impeachment.

Characteristically, as we have seen the past three years, the attacks on the letter have focused on style at least as much as substance. (On substance, however, the letter is difficult to rebut.)

On yesterday’s CNN Newsroom,  the spectacularly hypocritical John Avlon (who once pretended to lead a “no labels” movement as a neutral non-partisan) claimed  that the President’s letter  would cause Republican Senators to raise questions about his “mental state.”  This is rich: Impeachment Plan S is blowing up in Democrats’ faces, so Avlon pivots to good old, evergreen, Plan E : ”Trump is mentally ill so this should trigger the 25th Amendment.”

Yeah, boy, putting out that letter laying out exactly what the impeachment is in language anyone can understand was crazy.

Avlon’s foolishness does raise a question: did the President really write the letter himself? I doubt it. I think someone–Steven Miller has been mentioned as a prime suspect—did an excellent job channeling the President’s unique style and tone, but the letter is too well constructed to be Trump’s alone. Hey, John: if someone else authors a letter for the President that he signs, and you think it’s an “unhinged rant”  and “the definition of not presidential,” does that mean he’s crazy? Can you delegate crazy?

As with so much that has gone before, the President has triggered his foes into broadcasting their own derangement.

A typical, measured, lawyer-checked, restrained Presidential letter would be far less effective. Ann Althouse figured this out, writing, Continue reading →

From “The Ethicist”: Revealing The Real Bigots Among Us

/ Jack Marshall / 17 Comments

Kwame Anthony Appiah, aka “The Ethicist,” apparently received two inquiries last week from what I fear are typical New York Times readers: self-righteous, progressive, and totalitarian at heart. As usually is the case, “The Ethicist’s” answers were competent. I’m not really concerned with his answers, though they were too timid and pandered to people who needed to be metaphorically slapped in the face. It’s the questions that are really ominous.

Inquirer #1 wanted to know what to “do” about her landlady, whom she and her partner “have come to believe that she harbors significant racial and gender biases.” She continued,

When units in our building come up for rent, she often asks  [us] to recommend friends, and over the years a number of our friends have lived here. I value being able to extend what really is an extremely good financial deal to friends who would really benefit from it, but am deeply uncomfortable about the fact that, in doing so, I am enabling her racism and sexism. Is there an ethical solution here? I wish I could report her to some sort of city housing authority (we are in Los Angeles), but I doubt I have any legal recourse as I’m not an aggrieved party and my belief in her biases is based on casual observations and overheard comments. I can’t point to a particular incident. I feel guilty for not wanting to recommend the place, as I know so many friends who could use the financial break, but I also feel like it’s harder and harder to justify “helping” her in any way.

The woman has not observed any incidents of racism or sexism, but she wants to “report” the landlady, who has apparently always treated her well. Inquirer #1 has decided that it’s unethical to “help” such a person because that would be “enabling” her evil ways, whatever they are. Basically, she feels that she is justified in punishing her landlady for not embracing her views, the “right” ones. Continue reading →

Comment Of The Day: “Ethics Quiz: Santa In A MAGA Cap”

/ Jack Marshall / 6 Comments

The issue of whether a mall should have fired a long-time Santa who posed for gag photo in a MAGA cap inevitably invited comparisons with the Naked Teacher Principle, which holds “that a secondary school teacher or administrator (or other role model for  children) who allows pictures of himself or herself to be widely publicized, as on the web, showing the teacher naked or engaging in sexually provocative poses, cannot complain when he or she is dismissed by the school as a result.” There are many variations of the NTP, including the recently visited Naked Congresswoman Principle, which cost Rep. Katie Hill her seat.

The question: Is there, or should there be a “President Trump-supporting Santa Claus Principle?

Here is Alizia’s Comment of the Day on the post, “Ethics Quiz: Santa In A MAGA Cap”…

“I think this one might fall into The Naked Teacher Principle.”

I think I can understand why you would say that, but I think there are a few problems with that assessment. I will try to explain:

First, a school teacher who engages in sexual misconduct, is transgressing in a limited area. Our social norms — though this is changing of course — does not allow teachers of children to appear to be loose sexually. Long ago, and more especially for women who were teachers — and mostly women were teachers — it was part of cultural norms that a teacher have a ‘chaste appearance’.

But in a sense there is no issue of ‘speech’ involved when and if a teacher posts a naked photo. That is, there is no ‘speech content’ or political opinion expressed. If there is a ‘speech’ issue it is only of a vary limited sort.

The Santa who had his photo taken with a Trump hat should never have had to apologize to anyone. He was completely free to take such a photo of himself. There is no possible argument that could be brought out in a so-called free society that could successfully take the man’s right away. Continue reading →

Afternoon Ethics Notes, 12/17/2019: Miller, Hillary and the Duke [CORRECTED]

/ Jack Marshall / 9 Comments

Hark!

1. Lesson: Don’t underestimate the Duke! It looks like John Wayne is stronger than the cancel culture after all.  Earlier this year the Woke Avengers tracked down an old Playboy interview where the actor made some inflammatory remarks about blacks and Native Americans (I thought then and I think now that the Duke was deliberately trolling his liberal critics, but it was still a bad interview.) Predictions were rife that the most enduring, influential and popular screen icon of all time had reached the end of his run. It doesn’t appear so: at least two cable channels are running John Wayne film marathons on or around Christmas.

2. The ethical response: feel compassion for Hillary. There are people who get run over and squashed by life, their own failings, and bad luck. We don’t have to like all of them, but the Golden Rule argues that we should feel some pity and compassion for them, even though many have brought some of their misery on themselves.

I think about this when I see, for example, Marcia Clark, the losing prosecutor in the O.J. Simpson case, and her desperately tucked and altered face as she transitioned into a B-media personality. The earliest example of this syndrome that I can remember noticing was perennial Republican Presidential candidate Harold Stassen, with his dazed expression and bad toupee, who once thought he was going to be President. Dubbed the “Boy Wonder,” Stassen was only 41 when he seemed to be on his way to winning the Republican nomination for President for the 1948 election in which President Harry Truman was widely regarded as both a lame and dead duck. Stassen lost the convention battle, however, to Thomas Dewey, of subsequent “Dewey Defeats Truman!” fame. After that, Stassen ran for President in 1952, 1964, 1968, 1980, 1984, 1988, and 1992 , gradually becoming a laughing stock. (He also ran unsucessfully for Governor of Minnesota,  the United States Senate twice, Governor of Pennsylvania twice, Mayor of Philadelphia once; and U.S. Representative). I just thought he was a buffoon until my father told me about his many accomplishments before his dreams were crushed. He was one of the founders of the United Nations, for example.

As I made pretty clear in 2016, when I wrote almost as many critical posts about her and her generally awful ethics as I did about our current President when he was a candidate, I am not a fan of Hillary Clinton. I’ve continued to write critical commentary about her, because she continues to operate with wildly malfunctioning ethics alarms. She is stuck now, in Kübler-Ross terms, in the first three stages of grief: denial, pain and guilt, and anger and bargaining because she lost the election she was certain she was going to win. (So is the entire Democratic Party.)

Now look at her:

3. Marvin Miller makes it into the Hall of Fame. Yecchh. Marvin Miller was described in his obituary as “an economist and labor leader who became one of the most important figures in baseball history by building the major league players union into a force that revolutionized the game and ultimately transformed all of professional sports.” I have no quarrel with any of that. Miller was a labor activist who did his job extremely well. I would put him into a labor leader’s Hall of Fame—-I’m sure one would get at least a hundred or so visitors a year—without blinking. He no more belongs in the the Baseball Hall of Fame in Cooperstown, NY than I do, but he was posthumously elected to that Hall of Fame last week.
Continue reading →

A Holiday Jumbo! The Non-Racist Confederacy/Nazi Enthusiast

/ Jack Marshall / 11 Comments

In Billy Rose’s spectacular musical “Jumbo,” Jimmy Durante was confronted by a sheriff as Jimmy tries to tiptoe off with the largest elephant in captivity trailing on a rope behind him. In answer to the officer’s question, “Where are you going with that elephant?”,  the immortal Schnoz answered, innocently, “Elephant? What elephant?”

Sadly, “Jumbo” will never be produced again: too old, too expensive, too politically incorrect (it’s about the traditional circuses that had trained animals, like elephants, in their shows). Nonetheless, Jimmy’s tradition is alive and well, if you can call denying what is obvious to anyone “well.”

In Des Moines, Iowa, William Stark has painted Confederate battle flags and swastikas on pallets around his property, which is next to an elementary school. Nice. Morris Elementary has released a statement denouncing Stark’s display, which the students, who are about 60% black and Hispanic, can see when they come and go from the school, and from the playground.

Stark says he can’t imagine what their problem is. “They don’t know their history, evidently,” he protests. “That’s the only reason I can think of that they can think anything bad about it—they don’t know their history.”

I wonder what history he’s referring to.

Stark denies that there’s anything about his Nazi-Confederacy display that suggests racism, thus entering “Racism? What racism?” into the Ethics Alarms Jumbo log.

“It’s a free country,”  Stark adds. “I’ll put it out there if I want to.”

Verdict: Racist asshole.

Here’s Willy and his “non-racist” artwork:

He does have a Christmas wreath on his door, however….

Sunday Ethics Reflections, 12/15/2019: Bad Film Criticism, Bad Journalism, Bad Honors…And Some Really Stupid Stuff Too

/ Jack Marshall / 49 Comments

The late, great, Jerry Vale..

(Also known as “the mob’s favorite tenor”…)

1. And speaking of Martin Scorcese movies, since Jerry Vale is alluded to in several of them…”The Irishman” has been viewed on Netflix by many of my showbiz friends, and most, while complaining about the film’s length, have declared the performances “brilliant.” This reaction, is, I think, bias at work, the so-called “halo effect.” It’s the same phenomenon I witnessed in the D.C. theater community, where certain actors, directors and big theater companies were routinely called “brilliant” in their efforts, when in truth, the exact same product presented by artists with lesser reputations would be shrugged off or ignored.

The three veteran stars of “The Irishman” are being praised by critics across the board, but in truth, with the exception of Al Pacino, they seem weary and channeling earlier, better performances. This is especially true of Joe Pesci, who shows none of the energy we associate with his best performances, and the script requires him to run the gamut of emotions, as the old joke goes, from A to C. He’s as old as Joe Biden, and looks and acts every inch of it, though his character is supposed to be younger. Scorcese has used tech wizardry to give De Niro a younger face when necessary, but it still sits on top of his  80-year-old body. and there is nothing in De Niro’s act that we haven’t seen over and over again (though not so much lately, as Bob has been collecting checks for bad movies in which he appeared to be “phoning it in”).

Pacino, as Jimmy Hoffa, is lots of fun as usual, but he doesn’t appear to be trying to be convincing as the mysteriously disappeared labor boss, who was 62 with he vanished. Pacino is 79. How could anyone call Pacino “brilliant” as Hoffa? Jack Nicholson was far more convincing in the film “Hoffa,” and Pacino isn’t significantly different than he was playing a Hollywood agent in “Once Upon A Time In America.”

It must be nice to reach that stage as an actor when you get paid big checks just to show up, like Marlon Brando in “Superman.” Especially if everyone is going to say you were brilliant.

2.  And now for something completely stupid. This is remarkable in the dual category of incompetence in one’s chosen pursuit (theft) and unforgivable ignorance regarding social media.  Arlando Henderson, 29, who worked for a bank  in Charlotte, North Carolina, stole money from his employer’s vault at least 18 times, for a grand total of $88,000.  He was apprehended and arrested after posting about his robbery hobby on Facebook, including posts showing his new Mercedes-Benz, and this one…

You know, if someone is this stupid, ethics alarms hardly matter…

3. Surely we are missing some crucial information here...The New York Giants, in the midst of a horrible season, fired veteran cornerback Janoris Jenkins last week. Why? He was engaged in an argument with a fan on social media who objected to Jenkins posting  his personal stats after a game that his team lost, and wrote,

“I only can do my job.. retard. Continue reading →