Character

Ethics Morning Sickness, 9/29/2018: The Ford-Kavanaugh Hearing Hangover

/ Jack Marshall / 44 Comments

According to several sources, Republicans not only have the votes to confirm Brett Kananaugh,  a couple of Democrats may even join their ranks. If true, that’s amazing, and also the most encouraging piece of news I’ve heard since Aaron Judge went on the Disabled List.

I don’t have any special fondness for Brett Kavanaugh, and I have no stake in his confirmation. All I have ever cared about is having outstanding, smart, analytical judges on the Supreme Court. I was thrilled when President Obama nominated Elena Kagan, who fits that description; depressed when he appointed touchy-feely mediocrity Sotamayor, lowering the quality of judicial talent so he could check off a diversity box, but then, that’s Obama. Justices like Blackmun, Souter and Kennedy, all appointed to skirt controversy rather than to ensure a competent Court, do subtle, long-lasting damage to our laws. Aggressive, thoughtful, brilliant jurists like Scalia and Ginsberg keep the third branch of government strong. Kavanaugh is undeniably the kind of qualified, experienced judge who has always been routinely confirmed by the Senate regardless of the President nominating him or his party affiliation. What the Democrats and their allies among activist and the news media have done to Brett Kavanaugh is more than wrong; it is very dangerous, and threatens further the basic comity and respect without which no democracy can function. The treatment of Kavanaugh, which I have discussed in detail elsewhere—the demonizing, the fear-mongering, the character assassination, based purely on an unremarkable judicial philosophy—continues down a slippery slope, already greased by “the resistance,”  that ends in civil war.  The Democrats will only turn away from this disastrous path when they conclude that it won’t work, that the American public rejects “the ends justify the means” as an operating strategy. There are signs that the Democratic Senators televised conduct during the Kavanaugh hearings may be a tipping point. I hope so. I’ll believe it when I see it.

Nothing much has changed in my assessment since I wrote this post ten days ago. I still don’t believe or disbelieve Ford or Kavanaugh. There is no basis on which to believe either of them, but the accuser has the burden of proof, and as was true ten days ago, she can’t meet it and didn’t meet it. Nobody confirms her account. She cannot provide specifics, even as to where the alleged attack occurred, who held the party where it allegedly occurred, or an exact date, making investigation nearly impossible. Her parents, who are alive, have not confirmed her account; apparently she didn’t even tell them about the incident. Her testimony was convincing. So was Kavanaugh’s. Those who say “they believe” either party might as well have a “Bias has made me stupid” sign on top of their head. In yesterday’s New York Times, a full page ad listed thousands of names of men proclaiming “We believe Anita Hill. We also believe Charistine Blasey Ford.” All they are doing is virtue signaling for their pals, proclaiming their partisan affiliation (believing Ford is required to save abortion, and depending on which hysterical activist or pundit you listen to, female suffrage, gay marriage and the continued abolition of slavery), and or proving that they lack the power of critical thought.

I’ll have to sort through all of the logical fallacies used against Kavanaugh later: I’m sure a new rationalization for the list or twelve is in there. For example, I have been told and read that women believe Ford because they know other victims of sexual assault who never reported it. But that doesn’t justify believing Ford! It indicates that the fact that she waited all this time, until evidence was gone and memories faded, to suddenly make her accusation when it was most politically useful to her party doesn’t prove she isn’t telling the truth, but it doesn’t make it any more likely that she is, either. A commenter yesterday suggested that there should be more sympathy and accommodation for victims who are afraid to come forward soon after a sexual assault. “I would like to remind you that women often are not able to speak out against harassment until long after the fact because they are afraid and unable,” she wrote. I replied,

Then they lose their chance. There are a lot of things in life like that. If I’m reluctant to speak up and challenge a mob harassing a US Senator while he’s dining with my family, I can’t wait 20 years and do it then, can I? If you are afraid to report a community criminal when you have evidence against him because you’re afraid to snitch, it’s no mitigation to report the evidence after more people have been hurt because of your delay. How about women who don’t stop their boyfriends from sexually molesting their children because they are afraid? Is it acceptable that they wait until the Statute of Limitations has run, the damage has been done, and the kids are grown and molesting children themselves before they speak up?

You don’t have to remind me of the dilemma. I’m sorry, but I am really sick of this argument…It’s an excuse and a rationalization. It makes fairness and due process impossible, and it allows false accusers to manipulate others. Three decades? Holding a complaint until the exact moment when it can’t be defended against AND will do the most damage?

It’s explainable, perhaps, but it isn’t ethically excusable.

Continue reading →

KABOOM! Diane Feinstein’s Statement Before The Judiciary Committee This Morning

/ Jack Marshall / 40 Comments

Well, thanks, Senator Feinstein: having my head explode was is such a wonderful way to begin the day.

This was not the first post I intended this morning, but I made the mistake of listening to the Senator’s brazen, dishonest, self-contradictory, hypocritical ,cynical and insulting statement. It’s amazing her own head didn’t explode out of embarrassment at being used this way. It was in defiance of logic and awareness. It was, in fact, like an intentional imitation of Claude Rains in “Casablanca,” which would have been very funny if it didn’t signal tthe end of any doubts that a major political party had abandoned decency.

Feinstein was shocked–shocked!—that Judge Kavanaugh would call the Democrats’ political hit job a political hit job. Shocked–shocked!–that Kavanaugh would say the the process of advise and consent had been turned into “search and destroy,” which is exactly what the Democrats did, and were not even sly about doing so. Shocked–shocked!–that Kavanaugh would express anger at being subjected to mass humiliation as he was denigrated in public as a sexual predator based on the completely unsubstantiated accusation of 35-year-old high school misconduct. Senator Feinstein had never seen anything like it in all her years in the Senate, and was shocked–shocked!

Never mind that no human being had ever had rumors, insults, innuendos and unsupported accusations heaped on him in a hearing like Judge Kavanaugh, who was Borked, and when that didn’t work, was Anita Hilled. If Kavanaugh had not expressed anger, outrage and indignation toward Feinstein and her thugs, I would have lost any respect for him. He not only had every right to go on the offensive in his own defense, he had an obligation to do so. But men, in the era of #MeToo being weaponized to ruin careers without evidence, are supposed to meekly submit to their new feminist masters, and withdraw into shame and ignominy, grovelling and submissive. Feinstein was shocked—shocked!— that Kavanaugh didn’t know his place.

“Incredible!” said Feinstein. Then, incredibly, she went on to apppeal to emotion, jerking at the heartstrings by quoting the most intense sections of Dr. Ford’s testimony, concluding that her intensity and emotion was enough, in the absence of any evidence or corroboration at all, to prove to Feinstein’s satisfaction that her accusation was true.

Oh, Feinstein was shocked–shocked!—at so many things. How could anyone accuse her of deliberately withholding Ford’s letter for two months so she could leak it after the hearings and demand an FBI investigation that would just coincidentally delay the vote on the nomination until after the election when her party has been demanding for months that the vote be until after the election? I’m trying to think of an analogous scene in a move where the pathetic villain expresses hilarious outrage at being suspected of wrongdoing as smoking gun after smoking gun is revealed. I could, I’m sure, if my head were intact. But it’s not.

The Brett Kavanaugh Nomination Ethics Train Wreck has become both an integrity and an IQ test for progressives and Democrats, but with a surprising easy final challenge. Anyone who isn’t insulted or mordantly amused by Feinstein’s channeling of Captain Renault is either completely corrupted or an idiot.

Noonish Ethics Warm-Up. 9/27/18: “You’re The Bad Guys,” Cont.

/ Jack Marshall / 159 Comments

Hi!

1. Unethical in its simplicity. An esteemed commenter insists, “Any witnesses who allege that Kavanaugh assaulted them should be allowed to testify.” This is either naive (incompetent) or intellectually dishonest. The Democratic Party’s stated objective is to delay a confirmation vote until after the Fall election, in the Hail Mary hope that the Senate will flip to them. There should be no question that the party, now thoroughly corrupted by a mindset holding that anything—lies, character assassination, perjury, misrepresentation, defiling of due process—is justified if it will protect abortion rights and its own power, would manipulate such a rule for political benefit, would recruit an endless series of politically motivated accusers if it could accomplish the objective of running out the clock.

The “any witnesses” flaw was amply demonstrated by yesterday’s fiasco. “New Kavanaugh allegations!” my late TV news screamed. By this morning, the entire story had fallen apart, and yet that ridiculous account (an anonymous woman claimed she was assaulted on a boat in Newport by a drunken “Brett” and friend, so an anonymous man beat them up) added to the designed false impression that multiple, verified, credible witnesses were confirming that Brett Kavanaugh is, as that same esteemed commenter has suggested, a serial sexual predator.

A witness whose claims are raised in a timely manner (that is before hearings begin allowing time for investigation and a response from the accused), whose account meets minimum standards of plausibility, whose accusation involves conduct relevant to a nominee’s fitness to serve, and whose story did not occur so long ago that verification or rebuttal is impossible, should be allowed to testify.

Those qualifications eliminate all of Kavanaugh’s accusers, as well as Anita Hill. Continue reading →

Ethics Hero: Kwame Anthony Appiah, a.k.a. “The Ethicist”

/ Jack Marshall / 14 Comments

In the past, I mostly visited the New York Times Magazine “The Ethicist” column to take issue with the succession of ethics amateurs and ethicist wannabes the Times employed as its ethics advice columnist. Once Kwame Anthony Appiah took over, this wasn’t as much fun, and I admit I don’t even check the column that often. Appiah is a real ethicist, and knows what he’s doing. I sometimes disagree with his conclusions, but he reaches them using valid ethical analysis, and seldom employs bias or rationalizations.

A recent column, however, deserves special praise. The inquirer asked what the ethical course would be to handle historical artifacts that reflected racist attitudes and artwork, like the card pictured above. The writer concluded her question…

I offered it to the National Museum of African American History and Culture in Washington. I never heard from them, so it moved with us. My husband thinks I should throw it away, but that feels wrong. I feel it is history that we should acknowledge, however painful and wrong. Your thoughts?

“The Ethicist’s” response is note-perfect, even with my intentional omission of its best and most surprising section. I’m doing this so you will hit the link and read the full column. Appiah wrote in part,

I am not a fan of the intentional destruction of historical artifacts….It’s a familiar thought that we need to understand our past, not least in order to help us avoid repeating the worst aspects of it. So your impulse to offer this souvenir card to a museum seems right. Of course, the sort of document you describe is well represented in collections already, and this may be why you didn’t hear back. But who knows whether there isn’t something about it that a historian might find useful in unpacking some detail of the history of American racial attitudes?

So if you think this card does have historical value, and you can’t readily find an interested archive or scholar, you could just put it up for sale on eBay, say, where it will join a large assemblage of racist artifacts. You can’t guarantee that you’ll approve of the motives of the buyer, but someone who is willing to pay for it is most likely to preserve it.

Given that your motives are honorable, I don’t share your worry about profiting from the sale. Selling an image isn’t endorsing its message. And my guess is that most contemporary collectors of such items aren’t motivated by racism. Still, if you want to avoid profiting, there’s an easy solution. Just send the proceeds to the National Museum of African American History and Culture. That’s an offer they won’t turn down. Continue reading →

Admit It, Liberals, Progressives, Democrats, “The Resistance,” The Left, Or Whatever You Call Yourselves*: You’re The Bad Guys [UPDATED!]

/ Jack Marshall / 78 Comments

In “Falling Down.” a movie I like better every time I see it (or think about it), Michael Douglas plays a man who snaps, Sweeney Todd-like, and  begins shooting people after the collective injustice, meanness, cruelty, stress and stupidity of daily life becomes unbearable. Finally cornered, he hears a law enforcement officer demand his surrender. “I’m the bad guy?” he says, in a stunning moment of self-awareness. “How did that happen?”

We’re still waiting for that moment of self-awareness from the Left. How it happened in their case is a matter of historical record: accumulated arrogance, cynicism and the rejection of their own ideology’s core principles–you know, liberalism?—did the trick. What was left was pure power-seeking, anger, hate, and “the ends justifies the means,” the “ethic” of fascism and totalitarianism.

When the metaphorical ethics Rubicon was finally crossed could be debated. For me, it was when Hillary Clinton, confident of her historic landslide victory,  lectured designated loser Donald Trump about how despicable and un-American it was for him to hint that he might not accept the legitimacy of her election as President. Then, as soon as he was the victor, Clinton, her party and all of its followers proceed to challenge the legitimacy of his election—and have continued to do so in various ways ever since.

The fact that this exacerbated dangerous national divisions, endangered the Constitution and undermined the ability of an elected President to govern didn’t, and apparently doesn’t, faze them at all. Patriotic Americans, fair human beings,  ethical people and the “good guys” don’t behave like this. It is signature significance for bad guys.

Now, I certainly knew that electing a walking ethics vacuum like Donald Trump would rot the culture’s values, as I warned here repeatedly. I did not anticipate that the primary agents of turning the U.S. into a nation of assholes would be the Left. I assumed that they would hold the values line as best they could, and not challenge the President in a race to the bottom of the barrel, much less win it. All they needed to do was to uphold traditional standards of justice, honesty, civility, respect for institutions  and integrity to ensure that Trump, at worst, would be a short-term aberration. Or, as Glenn Reynold likes to say, all they needed to do was not act crazy. They couldn’t do it.

The Left has rejected freedom of speech, accepting the often violent efforts of college students to threaten and silence speakers whose views they regard as “hate speech.” It has opposed the rule of law in immigration policy, labeling the essential sovereign function of controlling borders as “racism.” It has advocated dividing society into favored and disfavored groups Women must be “believed”; men must be presumed guilty; police must be presumed racist.

There are too many examples to cover in less than a book; I think Ethics Alarms has dealt with most of them. The current low point, however, is the issue at hand: the Kavanaugh nomination. Only the fact that the Left and its biased allies in their misguided quest, the news media, have so thoroughly corrupted their sympathetic followers among the public can explain why there isn’t a mass declaration of outrage. I’m still surprised and disappointed. I thought my liberal friends had more integrity. This is the lowest of the low, and the terrifying question is what the next low point will be.

Sticking only to what Ethics Alarms designates the Brett Kavanaugh Nomination Ethics Train Wreck, one has to wonder what more documentation the Left needs to spark its collective conscience and to arrive at the same conclusion as “Falling Down’s” tragic hero. This debacle  began with the Left, all components, announcing its monolithic opposition to a qualified judge who would have been overwhelming approved under any other administration, in any other era. The very left-leaning ABA Standing Committee on the Federal Judiciary gave its highest rating to Kavanaugh. Never mind: the Democratic Party commenced a campaign of fear-mongering, insisting that in some case not yet in existence, the judge, who has been vocal in his support of stare decisus (following well-established SCOTUS precedent), would join with the so-called “conservative” wing of the Court to overturn Roe v. Wade.

This convenient prognostication was enough to lead to angry demonstrations by feminists and pro-abortion activists who had never read a Kavanaugh judicial opinion in their lives, and probably no SCOTUS decisions either. The tactics of the Left here were intimidation and misrepresentation, as well as revenge, tit-for-tat, or what Ethics Alarms sometimes calls “Mob Ethics.” Call attention to the treatment of Kavanaugh—it was Barack Obama who pointed out that elections have consequences, after all—and, failing to locate a legitimate defense, the social media Left’s reflex argument was “Yeah, well what about Merrick Garland?”

Of course, Ethics 101 teaches that past unethical conduct does not make unethical conduct in response less wrong, but the two strategies are not equivalent, legally or ethically. No one set out to slander and smear the character of Garland to justify doing what they had already made up their mind to do. The approach of the Democrats—decide that you want an opponent removed, so seek to find an allegation, an incident or an accuser to make that removal possible, is the opposite of what our legal process requires. Starting out with the presumption of guilt and then using the power of the prosecutor to search for a crime to pin on a target is a fascist strategy (and exactly the Democratic/”resistance” plan to undo the 2016 election by removing President Trump), and an unequivocal violation of prosecution ethics, as well as fairness and justice.

It does embody “The ends justify the means,” however: the motto of all Bad Guys in fiction and history.

Despite its own history of having the excesses of the #MeToo witch hunt mentality bite hard—Senator Al Franken was forced to resign primarily because of his pre-Senatorial conduct as a comedian before any due process or investigations—an old, old allegation of sexual misconduct was the chosen weapon for Kananaugh’s destruction. First, the discovered 30 year plus memory of another liberal professor, Christine Blasey Ford, doing her Anita Hill impression was deliberately held for two months by Senator Feinstein, thus preventing Kavanaugh from responding to them in a non-ambush scenario. Bad guys.

The tactic was unfair and cynical, based solely on the Democratic desire to run out the clock on Kavanaugh’s confirmation so maybe a “blue wave” could give the Democrats a Senate majority. As the Ford scenario has developed, the intent of stalling has become increasingly obvious. At the same time,  Democrats and their propaganda machine in the media began making the case that any attempt to defend himself would by itself make Kavanaugh unfit to serve. After all, even women making three decades old accusations at the last minute to derail the confirmation of a qualified jurist deserve respect.  Anyone, even the target of her attack, doubting her words or motives would obviously be a sexist pig, and an apologist for rapists. This is what the Democrats now regard as justice. It’s also the kind of double bind, heads you lose, tails I win process favored by James Bond villans.

Bad guys.

Meanwhile, not a thought has been given, apparently, to the disastrous long-term consequences to the political process, society and the culture if the Blasey Ford scheme is successful.:

  • High school conduct will now be considered legitimate cause to punish adults and impugn their character long after they have established  and earned public trust. No longer will any quarter be given for bad judgement and poor choices before majority.
  • No man, anywhere, will be safe from old grudges, newly “woke” indignation, and accusations by women times perfectly to undermine trust and support.
  • The standard will now be that anyone—well, any man— accused of sexual assault must be presumed guilty, and has the burden of proof of proving a negative. Two columnists for the New York Times have endorsed this standard, as well as various Democrats and activists. The accusation is enough even if it is unsubstantiated. This doesn’t even have the Salem safeguard of throwing the accused witch into the lake (Sink, and you’re innocent, though dead. Float, and you’re a witch…and soon to be dead.)
  • Women, and only women, will have been granted the power to destroy lives, careers and reputations. They will use it.
  • American society, already dangerously divided along racial, generational, regional and partisan fissures, will be more divided along gender lines as well.

The Chicago Tribune’s John Kass writes,

It threatens Republicans now, and Democrats tomorrow. It will threaten even those who don’t give two figs for politics and see all such talk as lies told by knaves to fools.

What we are seeing are founding American principles being swept — among them the presumption of innocence and the rights of the accused — to feed the appetites of power politics

That’s what Kavanaugh is dealing with, having to testify and defend himself against uncorroborated allegations of sexual predation 36 years ago, when he was in high school and in his freshman year of college.

The short-term politics of all this is quite clear, a movement led by cynics and assisted by their handmaidens in the Democratic Media Complex.

It is designed to convince suburban women voters that Republicans are hateful creatures, help Democrats pick up congressional seats in the November midterm elections and do away with President Donald Trump.

But look deeper and you’ll see something else.

The sweeping away of traditions that have been carefully nurtured from the founding of this nation, to protect individual liberty and shield us from the passions of the mob.

Without these principles, we are no longer a republic.

Kass’s analysis isn’t some novel theory. It’s essentially the same thing I have been writing since Democrats and “the resistance” plotted to defy the Electoral College. But all of this is tolerable, apparently, if a theoretical future SCOTUS opinion  in a non-existent case that might restrict the possibly too wide-ranging rights of a woman to kill her unborn child for any reason or whim can be prevented by destroying the reputation of  the presumed decisive vote in that future case.

Sounds like SkyNet’s plan in “The Terminator,” doesn’t it?

The latest news from the Brett Kavanaugh Nomination Ethics Train Wreck would have Michael Douglas’s character begging, “Enough! Enough! I get it! I’m the bad guy!” halfway through the list….but then, he had some integrity. For example: Continue reading →

While Working On Keeping My Gorge Down So I Can Address The Latest Anti-Kavanaugh Tactics, Here Are Some Preparatory Musings And Polls Galore!

/ Jack Marshall / 77 Comments

I’ve been searching my college memories…

Memory I: As a junior, I engineered an elaborate prank to steal a sofa from two classmates and friends who had swiped a sofa from two other students in their dorm. It almost worked, too: the pay-off was going to be when they visited our suite and saw their sofa there. The plan fell apart, and the original owners even got their sofa back.

Question: Should this episode, which technically involved attempted theft, disqualify me for some positions as an adult and professional?

 

Memory II: I dimly recall that one of my roommates once put a traffic cone over his head and face, carried a broom as a baton, and paraded naked around a room in our suite singing “Can’t get enough of those Sugar Crisp!” as another roommate was engaged with a date.

Question: Is this incident legitimate information to send to a potential employer?

 

Notes: Continue reading →

Ethics Quote Of The Month: The New York Times

/ Jack Marshall / 116 Comments

“The Times had interviewed several dozen people over the past week in an attempt to corroborate her story, and could find no one with firsthand knowledge. Ms. Ramirez herself contacted former Yale classmates asking if they recalled the incident and told some of them that she could not be certain Mr. Kavanaugh was the one who exposed himself.”

The New York Times, in its story today about the recent developments in the Brett Kavanaugh Ethics Train Wreck, including the new conveniently discovered memory and desperation accusation against Kavanaugh, this one of a drunken college party, in which someone, but the alleged victim has persuaded herself it was young Brett after recent thinking about the matter, dangled his wahoo in her face. The paragraph is buried deep in a the report titled Christine Blasey Ford Reaches Deal to Testify at Kavanaugh Hearing.

It’s almost as if the Times is embarrassed by the latest Democratic tactic, being the Left’s primary media propaganda organ and all. Clearly Senator Diane Feinstein, the villain in this whole nauseating episode, lapping the field, isn’t embarrassed, or is beyond embarrassment, having already gone so far down the Road Called The Ends Justifies The Means That there is no turning back. The Times says that now that Dubious Accuser #1 has successfully delayed the vote on President Trump’s nominee, the process should be delayed again for #2. You know, while operatives try to find more drunken victims from a period in which Kavanaugh was shaving regularly.

The same assessment of Feinstein could be said, or soon will be, of the entire Democratic Party and its supporters. I have been criticized, and this blog has been attacked, for taking the position that the “resistance’s” effort to undermine democracy, weaken or national institutions, and move U.S. society toward increasingly totalitarian values and methods as a radical response to the election of Donald Trump is by far the most important and threatening ethics development in the culture. To paraphrase William Saroyan, I’m right and everyone else is wrong. The Kavanaugh fiasco proves it, and  the latest smear tactic proves it further. Continue reading →

Last Minute Sunday Ethics Smorgasbord, 9/23/18

/ Jack Marshall / 19 Comments

Good night.

1. Hotel ethics. My hotel in Boston happily offered a bargain rate, but didn’t explain why they had a bargain rate: it is under remodeling and construction. No restaurant. “Hinky” cell phone service (translation; cell phone calls cut off mid call. Also, the remodeled rooms have some bugs to work out. I thought I was going crazy because I couldn’t find an outlet for my computer by the desk. Oops! It’s across the room, in a dark corner. The desk clerk had to hunt for it. “I guess we have to fix that,” he said, abashed. I guess.

Hotels under construction never tell you they are under construction, but they have nice “pardon our dust!’ signs, and others that say, “We are making a better hotel experience!”  Maybe for the guests next month, but I’m here now.

2. “Just when I thought I was out… they pull me back in!”  [ Is this the most famous and useful quote from a really bad movie?] I really thought, stupid me, that the conduct of Democrats and “the resistance” in the Brett Kavanaugh Ethics Train Wreck couldn’t get any more unethical or revolting after my long update post this morning. After all, it’s a Sunday! Don’t the Unethical rest? Obviously not:

  • Senator Mazie Hirono (D-Ha) wrapped up an Incompetent Elected Official of the Month award on Sunday by telling a stunned Jake Tapper that she didn’t believe conservatives deserved a presumption of innocence, or, apparently, due process. But these are the un-American totalitarian values that progressives are promoting today. Does the public understand what this will mean for the country?

Asked by Tapper if she would concede that Kavanaugh deserves to be proven guilty before he is presumed guilty, Hirono said that a conservative judicial philosophy reduces his credibility. “I put his denial in the context of everything that I know about him in terms of how he approaches his cases,” Hirono said.”His credibility is already very questionable in my mind. …  When I say that he’s very outcome-driven, he has an ideological agenda, and I can sit here and talk to you about some of the cases that exemplify his, in my view, inability to be fair.”

Would that Jake, who is one of the fairer broadcast journalists, had the guts and integrity to ask, “Wait—your party ran Hillary Clinton, who helped get her husband elected by intimidating his sexual assault victims, your party lionized Senator Kennedy, who left a young woman to drown rather than deal with questions regarding why he was with her late at night on a remote road, your party’s deputy chairman has been credibly accused of domestic abuse, Harvey Weinstein was one of Hillary’s major contributors in 2016, and you’re saying that Judge Kavanaugh’s credibility is questionable? And you’re arguing that a judge with no blemishes on his record should be presumed guilty because he’s not fair? Do you not see the irony in that?” [Pointer: Zoltar Speaks!] Continue reading →

Brett Kavanaugh Nomination Ethics Train Wreck Report: The Lurking Smear, The Twin, The Hysterical Professor, And Other Things

/ Jack Marshall / 73 Comments

I have some major ethics issues to explore in other areas, and oh how I wish this one would go away...

1.  As predicted, conservative gadfly Ed Whelan woke up, slapped his forehead, and, perhaps after talking to his lawyer (though he is one), decided that he needed to apologize, and quick. Thus he tweeted,

“I made an appalling and inexcusable mistake of judgment in posting the tweet thread in a way that identified Kavanaugh’s Georgetown Prep classmate. I take full responsibility for that mistake, and I deeply apologize for it. I realize that does not undo the mistake.”

As apologies go, this is an excellent one. Unfortunately, it does not undo the mistake, and the mistake was so egregious and obvious that, as Whelan knows, the fact the he would make it undermines his authority and credibility. People have come back from worse, but not often, and it isn’t easy. It shouldn’t be easy. Then there is the fact that his victim has a very strong case for a defamation law suit.

2. The question now is whether any currently recognized standards of fairness or justice excuses rejecting Judge Kavanaugh on the basis of the evidence. A left-tilting professor, Christine Blasey Ford, has stated that she and four other people attended a small party over thirty years ago, during which which she was allegedly assaulted by a 17-year-old Brett Kavanaugh. Three of those people, PJ Smyth, Mark Judge, and Kavanaugh, have no w said that they have no recollection of attending such a party or of such an incident. Last night the fourth “witness,” a classmate of Ford’s at  Holton-Arms named Leland Ingham Keyser issued a statement denying any recollection of attending a party with Brett Kavanaugh.

“Simply put, Ms. Keyser does not know Mr. Kavanaugh and she has no recollection of ever being at a party or gathering where he was present, with, or without, Dr. Ford,” lawyer Howard J. Walsh said in a statement sent to the Senate Judiciary Committee. Keyser is not, like Mark Judge, a likely Kavanaugh ally. In fact, she is  is reportedly a lifelong friend of Ford’s.

Thus this is no longer a “she said/he said,” but a she said/ he said, and he said, and she said, and she said. Those who say “We believe Christine Blasey Ford” have no ethical or logical basis for doing so, just gender bias, a partisan agenda, and political animosity toward Kavanaugh. If it were a legal case, this one would be dropped as potentially embarrassing and a travesty of justice.

3. Garrett Ventry, a Senate Judiciary Committee spokesperson hired to help shepherd Brett Kavanaugh’s Supreme Court nomination, resigned when it was revealed that there had been a past allegation of sexual harassment against him.

“Garrett was one of several temporary staff brought on to assist in the committee’s consideration of the Supreme Court nomination, a team that has done outstanding work,” a Judiciary Committee spokesperson said in a statement. “While he strongly denies allegations of wrongdoing, he decided to resign to avoid causing any distraction from the work of the committee.”

I see no reason not to expect that in due time, every male politician, commentator, lawyer, judge, journalist, business executive and crossword puzzle champion will have one or more past allegations of sexual harassment or other sex or gender-related misconduct in their past, present or future, and since all women must be believed on this particular topic, the males will be permanently handicapped in any career or life objective they pursue. I have been scrupulously respectful of women in my personal and professional life since before I could vote, but I have been forced to try to imagine any incident as far back as high school that could be re-interpreted as nouveau sexual misconduct by a long-forgotten acquaintance or object of lust who wants to harm me. So far, I can’t think of any, nor of anyone in my past so full of hate and ideological mania that she would do such a thing. But today people are trying to ruin baseball players using tweets they authored in their teens. Actors have been suspended or lost jobs based on unsubstantiated accusations, and other performers have seen themselves turned into unemployable pariahs for expressing views about #MeToo a lot milder than some of my ethics posts. The idea is to make people afraid to talk, write, or think.

I’m sure my accuser is out there somewhere. Continue reading →

Saturday Morning Ethics Warm-Up, 9/22/18: The All Fark Edition!

/ Jack Marshall / 33 Comments

GOOD MORNING!

On a day when Ethics Alarms finally passed its high-water mark for followers, I thought it appropriate to plug Fark, one of the legion of sources I check every day to find ethics topics. It’s a facetious news aggregation site that links to both serious and obscure stories with gag intros, like this week’s header on a story about a recent study on Alzheimers: “The number of Americans with Alzheimers is expected to double in the next 40 years. That’s horrible, but did you hear that the number of Americans with Alzheimers is expected to double in the next 40 years?”

My dad loved that joke, and the older he got, the more often he told it, and the more ticked off my mother would be. An all-Fark Warm-Up is a good way to avoid (mostly) politics for a while.

1. I have no sympathy for this guy. Is that unethical? This is Mark Cropp:

He has “Devast8” tattooed on his face. He says that his brother did it when they both were very drunk, as if he was a non-participant.  “Once it was started, I thought, I can’t go back on it now,” he has said. “I wish I had stopped while the outline was there to be quite honest.” Good, Mark. This is progress.

Cropp has been complaining for a year that his face tattoo has kept him from being hired. Would you hire him? I wouldn’t. Such high-profile self-mutilation is signature significance for a person with terrible judgment and life skills, or, to be brief, an idiot. Would you hire someone with “I am an idiot” tattooed on his forehead? Same thing.

Apparently he has been arrested and is facing charges in New Zealand, where he lives. Psst! Mark! Don’t have “I am guilty!” tattooed on your face while you are awaiting trial.

2. No sympathy, Part 2. I also have almost no sympathy for Beverley Dodds, who once looked like this…

…until decades of slathering herself  in Coca Cola and baby oil while sunbathing and broiling herself on tanning beds caused her to have to  battlethe effects of skin cancer for two decades, and has the skin of a reptile. (You don’t want me to post a photo of her skin. Trust me.) Like Mark above, this is self-inflicted mutilation. How sorry should we feel for someone who hits themselves in the head with a hammer every day who complains of headaches? Few public health issues have been so thoroughly publicized as warnings about long-term skin damage from excessive exposure to the sun and tanning beds.

3. No sympathy, Part 3.  24-year-old Michael Vigeant of Hudson, New Hampshire, a Red Sox fan on his way home via subway from Yankee Stadium after the Sox had lost to the Yankees (they won the next night though, thus clinching the division, and eliminating New York. Go Red Sox!)  died when he tried to climb on top of a moving Metro-North train and was electrocuted by overhead wires. The resulting chaos trapped hundreds of riders more than two hours. His brother did it too, but was luckier, and train personnel got him down. Michael touched a catenary wire and was electrocuted, said MTA officials.

Now watch his family try to sue the city.  I put “Don’t try to subway surf on moving trains,” “Don’t get huge tattoos on your face” and “Don’t repeatedly broil your skin” in the same category: lessons an adult should learn and has an obligation to observe. Not doing so suggests a general responsibility and commons sense deficit that is a menace to everyone, not just them. Continue reading →