Character

The Transgender Secret: Was I Right Then, Or Am I Right Now?

/ Jack Marshall / 34 Comments

I recently wrote here that I have been pleasantly surprised when looking back on old posts to find that I am almost always in agreement with them. Naturally, I have immmediately been confronted with an issue where I now question Past Jack’s verdict.

Ebony has a “confession’ article—it may be fake, but the issue isn’t—by a trans woman who writes in part regarding her husband,

We were months into dating and contemplating sex before it ever occurred to me that Carlos might need to know… It was wrong, but I chose to keep the secret rather than risk losing him. Now, four years later, Carlos and I are happy and madly in love! It has been a roller coaster, but we couldn’t be happier. But it’s this happiness that is causing me such pain because Carlos feels that it is time to add to our happy family. He is excited to be a father and his face lights up at the very thought. So how do I break his heart? How do I tell him that all of our trying has been in vain because, despite my best efforts to be the person I always felt I was, I’m still not who he thinks I am?

My answer: Suck it up and tell him the truth. Maybe have him watch “The Crying Game” a few times. The relationship has already been built on a material lie, and now adding to the dishonesty by concocting a reason why children are not an option just damages the relationship further.

I do think that transgendered individuals have a difficult choice regarding the timing of this revelation as they enter a relationship, but that’s a different issue (There’s a poll on that one coming up.)

In 2012, however, I did post following an Emily Yoffe advice column (“Dear Prudence”) , and came to the opposite conclusion, in contrast to Yoffe. Then I wrote, Continue reading →

Popehat Nails Dershowitz For Misrepresenting The Law

/ Jack Marshall / 41 Comments

Ken White of Popehat comes out guns blazing to take celebrity lawyer Alan Dershowitz down for misrepresenting the law in several of his increasingly frequent media appearances. Ken nails his target, too. Even the former prosecutor’s characterization that Dershowitz is lying is not excessive or unfair.

You need to read the whole post, for it is superb, thorough and airtight. Here is a precis, however, in Ken’s words, not mine.

The subject of Professor Dershowitz’s dishonesty — for the purpose of this essay — is General Michael Flynn’s lies to FBI agents and his subsequent guilty plea for lying under 18 U.S.C. section 1001. Professor Dershowitz has asserted, repeatedly, that Flynn did not violate Section 1001 because his lies were not “material” — that is, meaningful. He claims that the lies were not “material” because the FBI knew at the time Flynn was lying, and was not fooled…

Dershowitz has promoted the same point explicitly in writing:

When questioning any suspect, officials should not ask questions whose answers they already know, for the sole purpose of seeing whether the suspect will lie. If they do ask such questions, untruthful answers should not be deemed “material” to the investigation, because the FBI already knew the truth.

This is a perfectly arguable statement of what the law should be. But someone reading Dershowitz’s column could be forgiven for thinking that’s what the law is — or, at least, that the law is unsettled on the point. The essay utterly fails to divulge that every court to consider the argument has rejected it….

I am not aware of any cases construing Section 1001 that go the other way. Nor is there any credible indication that the United States Supreme Court would go the other way and decide that a false statement to the government does not violate Section 1001 if the government already knows that it is false. To the contrary, the Court has signaled that it would reject that argument…

n short, there is no credible argument that Alan Dershowitz’s repeated assertion is a correct statement of the law. It would be malpractice to advise a client that way. It would be deceitful to tell students. And it’s dishonest to tell the nation without telling them that this is your theory of what the law should be, without revealing what the law is. Advocates push the boundaries of the law. They ought to. But honest advocacy doesn’t involve lying about the current state of the law. Indeed, lawyers have an ethical obligation to reveal contrary authority when arguing in court, and judges will burn you down to the ground if you don’t. I would argue that legal experts — who trade on their reputation for knowing what the law is — have a similar ethical obligation to reveal when existing law flatly contradicts what they are arguing.

Continue reading →

“Miracle On 34th Street”…An Ethics Companion: Introduction

/ Jack Marshall / 9 Comments

As with most holiday movies, but perhaps more than most, the entire concept of digging into the ethics of the plot of “Miracle on 34th Street”  can be criticized as beside the point. The movie, at least the 1947 original, is a classic; it works dramatically and emotionally, it makes people feel good, and it has held up over time. That’s all a Christmas movie is supposed to do, and if it does it without really making sense or avoiding ethics potholes along the way, so what?

I sympathize with this view. However, our ethical standards and ethics alarms are affected by what we see, hear, like and respond to. If popular holiday movies inject bad ethics habits and rationalizations into our character, especially at a young age, that is something we should at least be aware of by the tenth or eleventh time we watch one of them.

One ethical aspect of “Miracle on 34th Street” that must be flagged at the outset is competence. The film is so effortlessly engrossing and convincing that it is easy to forget how easily it could have failed miserably. Actually, it is also easy to remind oneself: just watch any of the attempts to remake the film. There have been four of these, starring, as Kris Kringle, Thomas Mitchell, Ed Wynn, Sebastian Cabot, and Richard Attenborough. That’s a distinguished crew, to be sure. Mitchell was one of the greatest character actors in Hollywood history. Wynn was nominated for an Academy Award (for “The Diary of Ann Frank”) and Attenborough won one, Best Supporting Actor Award in 1967 for “The Sand Pebbles.” Cabot wasn’t quite in their class, but he was a solid pro, and looked more like Santa Clause than Mitchell,  Wynn, or Richard Attenborough. None of them, however, were as convincing as Edmund Gwenn. He made many movies—all without a white beard— and had a distinguished career in films and on stage, but even audience members who knew his work had a hard time reminding themselves that he wasn’t Kris Kringle while they watched the movie. I still have a hard time. Continue reading →

In Gratitude: Fred Greenstein (1930-2018)

/ Jack Marshall / 9 Comments

The New York Times obituary for Dr. Fred Greenstein states early on, “Dr. Greenstein, who taught politics at Princeton University for nearly three decades, first made his mark with a reconsideration of Eisenhower, who was long perceived as disengaged from the job. Dr. Greenstein’s book, “The Hidden-Hand Presidency: Eisenhower as Leader” (1982), upended that view.” Professor Greenstein first “made his mark” with me when I was in college, and discovered some scholarly articles he had written about the psychology of leaders and U.S. Presidents, and later, a thin volume, written in 1969, called “Personality and Politics.” His writings, research and theories gave me the idea for my honors thesis, which set out to determine whether there was an “American Presidency type” which our system tended to guide to the White House. (My conclusion: there was indeed.)

My research on this project informs my opinions and analysis to this day. The thesis was a bear: my thesis advisors told me it was far too ambitious. It required reading all the major biographies and autobiographies of the Presidents to that point,matching them to various psychology studies, and trying to find legitimate and documented similarities in background and character that might have predictive value. I always intended to expand my thesis, which was well-received by the Government Department, into a book, but life, as often happens, got in the way.

Professor Greenstein, however, kept expanding and refining his theories. In addition to showing why Ike was not a weak President, as Kennedy-worshiper Arthur M. Schlesinger Sr., ranked him (infuriating my father, along with other veterans), but a strong one with a unique and confident leadership style, Greenstein continued to analyze this most difficult, complex and personal of leadership roles in later works: “Presidents and the Dissolution of the Union: Leadership Style from Polk to Lincoln” (2013);  “Inventing the Job of President: Leadership Style from George Washington to Andrew Jackson” (2009); “The Presidential Difference: Leadership Style from FDR to Clinton” (1996) and “How Presidents Test Reality: Decisions on Vietnam, 1954 and 1965” (1989). Continue reading →

Flashback: Revisiting January 15, 2017, When I Was Horribly, Depressingly Right.

/ Jack Marshall / 17 Comments

There are so many posts here that I forget I wrote many of them, and definitely forget exactly what I wrote in them. I do check old posts when I stumble upon them to see how I assess Past Me as kind of an integrity check. It is remarkable, or maybe its an indictment, that I still agree with myself 99% of the time, no matter how much time has passed. As is often the case when an old post comes back into view, it was a new comment—nothing substantive– that unearthed this one, a post on the topic tagged as the 2016 Post Election Ethics Train Wreck here.

Two years ago I was getting complaints that I was spending too much time and print writing about the progressive/Democratic Party/ news media/”resistance” efforts to ensure the failure and rejection of Donald Trump as President before his administration even got started. I had been writing about the dangerous divisiveness and government dysfunction that this conduct would inevitably lead to if it didn’t stop for just two months. I wrote this post in response to those complaints.

Incredibly, shockingly, depressingly, dangerously, nothing has improved. Indeed, it has gotten worse. A lot has happened: impeachment plans A though O have been floated, advocated and pursued. The news media has been transformed into a virtual vigilante arm of “the resistance.” It is also one of the many democratic institutions that has been weakened, losing public trust and deserving to do so. Meanwhile, Ethics Alarms, in great part because it has refused to capitulate to this culturally suicidal madness, has lost readership and support. The problem is that opposing the broad-based effort to destroy an elected President regardless of the deep wounds it inflicts on democracy and society is seen by the deranged as endorsing the persona, character, methods and all of the policies of Trump himself—seen as, or cynically and dishonestly characterized as such to avoid confronting my analysis. (Hello, Facebook!)

Reading this post after everything that has happened since, I can only wish I was as right every day as I was on the day I wrote this, and I also wish that I had been wrong.

I recommend that you read it too. I may break in here and there. I will not take back a single word.

It is titled, Apologia: I’m Sorry. I’m Sorry That The Left Is Behaving So Unethically, And I’m REALLY Sorry I Have to Keep Writing About It.

Ethics Alarms is intended to be a pan-ethics colloquy on our efforts to set ethical standards in our society, using, for the most part, current events and controversies to apply ethics analysis to dilemmas, conflicts and gray areas as they arise. Silly me: I really thought that once the election was over, I could shove political ethics back into the pack, and get back to more balanced and diverse commentary. I did not expect the Left—is there a better word for progressives, Democrats, Hollywood, academia, artists and the mainstream media?—to behave so abominably and irresponsibly for such an extended period.

Because I believe with all my heart  that this mob-tantrum is doing far more damage to the nation and society than unethical IKEA ads, incompetent judges and even sexual predator 6th grade teachers, I have to chronicle this awful national ethics phenomenon at the expense of other topics. I am thoroughly sick of it. I feel like Keith Olbermann, who quit his first non-sports news commentary job because couldn’t stand reporting on the Monica Lewinsky scandal every night. And believe me, I don’t like feeling like Keith Olbermann.

This is the major ethics story of the month, the year, and maybe the decade. A coalition of ideologically inflexible groups are deliberately seeking to undermine a duly elected President of the United States, and to destabilize the United States government, because their candidate—and a terrible, corrupt, incompetent candidate she was—somehow managed to lose. They are doing this in full knowledge that their actions directly contradict their leaders’ statements before the election. You know, like this one… Continue reading →

Sunday Ethics Warm-Up, 12/16/18: As Bing And I Dream Of A White Christmas, Pre-Holiday Ugliness

/ Jack Marshall / 9 Comments

Good afternoon!

[For some reason, Bing’s version of the song that begins the film “White Christmas”–accompanied by a music box–is completely off-key. This has bothered me for decades. How could this happen?]

1. Our trustworthy news media. How many news outlets reported this story? In 2016, Tribune Publishing Co. owner Michael Ferro met with corporate leaders from within his news empire, including chief news executives from the Los Angeles Times, the Chicago Tribune and The Baltimore Sun.  During the meeting, he engaged in old-fashioned Jew-bashing, railing about the “Jewish cabal” that ran Los Angeles. In 2018,  Tribune Publishing made the first in a series of secret extortion payments that totaled $2.5 million to avoid a threatened lawsuit filed by a fired newspaper executive who had been in that room, thus keeping Ferro’s anti-Semitic slur out of the news.

Yes, a news organization paid millions to suppress the news. The rest of the story is similarly disturbing.

2. KABOOM! This article made my head explode. Therein, CNN contributor Kate Anderson Bower attacks the First Lady, saying that “she doesn’t understand what it means to be first lady.” The article is perfect 10s all across the board: for arrogance, for bias, for Trump-bashing, for incompetence and historical revisionism. The accusation arose from statements Melania made in an interview with Sean Hannity, stating that the hardest part of her job was having to deal with her and her family being personally attacked by “comedians to journalists to performers[and]book writers.”  Bower writes that Melania was

“again making the job about herself and her family instead of taking the opportunity to talk about the challenges she sees other people facing…The entire moment was a lost opportunity to put attention on the families of struggling Americans she’s met in her role as first lady, especially since she spent time the very next day reading to children at Children’s National Hospital, some sitting in wheelchairs with IVs attached. And the Hannity interview took place on USS George H.W. Bush, a trip the first lady made to support members of the military and their families. Wouldn’t it have been heartening to hear her use that moment during the interview to talk about the women and babies she’s met struggling with opioid addiction, or the children who she has met as part of her “Be Best” campaign who have been bullied at school, or the people whose homes were destroyed in the California fires?”

I’ll tell you what, you presumptuous hack: when you’re First Lady, you show us how it’s done.

There is no job of First Lady for Melania to “understand.” Bower is imposing her values and priorities on the job, and claiming that she knows the job description, which has always fluctuated with the occupant and the times.  The job of the First Lady, to the extent there is one, is to do whatever is possible to help the President of the United States be successful and succeed, using whatever talents she has. There is no obligation for a First Lady to be Eleanor Roosevelt, nor is it written in ink or precedent that the President’s spouse has to concentrate on “the challenges she sees other people facing.”  Jackie Kennedy’s primary project was renovating the White House, where she lived. How did that help the poor and under-privileged?  Lady Bird beautified the shores of the Potomac. How was that a boon to the poor in Appalachia?  Nobody criticized their priorities. I wonder why? Continue reading →

Ethics Hero: The Florida Senate

/ Jack Marshall / 7 Comments

Let us take a moment out of our hectic holiday schedule to say thanks to the Florida State Senate, which loudly and visibly re-affirmed ist rejection of one of my least favorite workplace traditions: the fake resignation.

 Broward County’s embattled supervisor of elections Brenda Snipes announced that she would resign her post effective January 4, announcing her departure after the November midterm elections had exposed, not for the first time, that she was a blithering incompetent who should have been fired long ago.  But then Governor–and Senator-Elect— Rick Scott suspended her late last month, citing “misfeasance, incompetence and neglect of duty.  Snipes announced that she was rescinding her decision to step down.

The Florida Senate has the authority to remove an official from office or reinstate them under the state’s constitution, but  the upper chamber’s general counsel, in a memo, determined that Snipes tried to take back her decision too late and that her resignation was permanent. Senate President Bill Galvano sent a memo to members last week confirming that her “Never mind!” was a non-starter.

Good.

This has nothing to do with Snipes’ well-established ineptitude. I’ve had personal experiences with “I quit!”/”I was just upset, I didn’t mean it!” in multiple settings. Every single time I have told the regretful employee, who was inevitably trying to use a resignation for leverage, “Sorry. Resignations are final.” In every such case, the employee was shocked, acting as if they had been fired with out cause. No, they had been in essence fired for cause, or more accurately, not re-hired because of their reliability, character and conduct. I have also replied to threats to quit, as in “If you don’t do it my way, then I resign!,” with a curt. “Fine. I won’t, and I want your resignation on my desk.”

Let’s call it “The Snipes Rule.” If you quit a job,  and you want it back, you have the same standing as any other candidate for your old position, except only you showed the dishonesty and bad judgment to quit when you either didn’t mean in, or hadn’t thought it through. That puts you at the end of the line.

“I wish you well in your future endeavors.”

 

Saturday Ethics Warm-Up, 12/15/2018: A Good Firing, A Good Trend, A Bad Law, An Unethical Complaint, And A Tardy Confession

/ Jack Marshall / 34 Comments

Rain rain go away; come back another day; Jackie wants to GET THE %$#^&@!!! Christmas tree up and start the annual  10 hour HELL of decorating it!

1. Is Facebook blocking Ethics Alarms? Several readers have reported that their efforts to share posts have been foiled. I can’t post links to it; my last several tries on two different posts have gleaned an error message. No one has shared a post to Facebook anywhere for nine days, which is very unusual. The last Ethics Alarms post with any shares was the “Kiss the Girl” post, which had quite a few.

I also have no idea what to do if Facebook is blocking the blog, and not much motivation to do it. Increasingly I am finding that my Facebook friends are making me lose respect for them with their constant virtue-signaling to the Left and refusal to accept any contrary opinions without stooping to personal insults. The “Facebook community” standards are incompatible with ethics commentary? I’m not surprised, and it can bite me.

I have literally never written anything that would justify social media censorship, assuming fair, responsible and free speech-respecting social media.

2. “The best people.” Ryan Zinke is finally leaving the Cabinet, and the President will be looking for a new Interior Secretary. The former Montana congressman and Navy Seal had an ethically tone-deaf and politically controversial tenure, facing nearly 20 federal investigations ― one of which his agency’s inspector general recently referred to the Justice Department for possible criminal violations. Like Trump himself, Zinke was incapable of recognizing that when you embark on a controversial policy mission, you have to stay squeaky clean, or the news media bring you down. This is simply stupid, arrogant and self-destructive.  Zinke should have been fired months ago.

3. Hooray!The NFL isn’t as criminal as it used to be! I guess that’s something. It was reported that “only” 36  incidents occurred in 2018 that ended in the arrest of an NFL player, down (so far) from 49 last year, and 80 a decade ago.

I guarantee that you can count the parallel incidents in Major League Baseball on one hand, every year.

4. Obamacare was declared unconstitutional in federal court, whatever that means.  I don’t know at this point whether the decision has a prayer of surviving. I do know that the legislation is and was a fiasco, and that this is what one gets when a party decides to rush major legislation through while by-passing the other party, a President repeatedly lies about it to get public support based on misinformation, and the bill is voted on with few, if any, legislators actually reading the law.

I also continue to marvel at the number of otherwise intelligent Americans who continue to idolize President Obama, who is responsible for this mess and claims it as his “signature achievement”—all while the same Americans rail about President Trump’s “lies.” He has not made a single misstatement in the past two years that has been a fraction as consequential as Obama’s lie about the Affordable Care Act. Continue reading →

Ethics Dunce: William Kristol

/ Jack Marshall / 10 Comments

The Weekly Standard went belly-up today. As usual when a publication dies, there isn’t just one reason. There are many reasons, including a changing market, competition, aging principals and bad luck. These factors were at work in this instance as well. However, the Weekly Standard was primarily doomed by the arrogance and selfish pique of the man who one would think would be the individual least inclined to harm the Standard, since it was his legacy. He went ahead and mortally wounded it anyway, for a stupid reason, if a popular one. He hated Donald Trump. That individual, of course, is William Kristol. Continue reading →

One More Reason Not To Watch “Bull”

/ Jack Marshall / 14 Comments

Harassed and harasser. Guess who stayed employed?

“Bull,” the CBS legal drama starring Michael Weatherly as a roguish, brilliant jury consultant who violates so many ethics rules on behalf of the submissive lawyer who employs him that it actively makes viewers dumber, reached my boycott list almost immediately. It’s a shame, because I could get a lively post, sometimes several, out of virtually any episode, since the show’s respect for ethics, professional and otherwise is non-existent.

Now there’s another good reason to avoid “Bull.” CBS has investigators checking the depth and length of the cultural norms of sexual assault, harassment and cover-ups at CBS, where CEO Les Moonves was recently fired after it was revealed that he was a serial sexual predator. That was odd, too, because the other networks enjoyed painting Fox News as a den of sexism after founder Roger Aisles was exposed as exactly the sort of pig who would make his female talent dye their hair blonde and dress like cocktail hostesses. They also had their news reporters sneering and preaching about evil Candidate Trump boasting about “grabbing them by the pussy” while their execs and stars were actually doing it. (My guess? Every one of the major networks has corrupt, harassment-supporting cultures like Fox and CBS. Every single one.) One of the revelations was that actress Eliza Dushku, the bad vampire slayer on “Buffy,” was harassed repeatedly by “Bull” star Michael Weatherly, and when she complained about it, was fired. To cover-up, Dushku was paid nine million dollars as damages and hush money. As you know, this must have been a campaign financing violation.

The story is disgusting. Read it and retch. to summarize, Weatherly, who apparently is very much like the charming jerks he plays, pet making sexual comments to Dushku, calling her “Legs” on the set, suggesting that she participate in “threesomes” and similar comments. Soon other men on the show were doing the same. Dushku, who had been signed up play a continuing role on the show, complained—as she should have—and Weatherly had her fired. Then CBS paid to cover it up.

Nice.

It is amazing to me that even in the ethics cesspool of show business, this behavior continues to happen, and big corporations continue to allow it, indeed facilitate it. Weatherly says he was misunderstood, that he was joking—like when he said in front of the cast and crew that he would bend her over his leg and spank her, or when he said he would take . Dushku to his “rape van,” which he said was filled with phallic objects and lubricant—that this is just the way he is, that he didn’t mean anything by it and is sorry that he upset anybody.

Bull.

This is classic sexual harassment, and would have been rude, unprofessional and abusive conduct before the term “sexual harassment” was invented.

I have had many female peers and subordinates in my embarrassingly diverse career, including many who were single, attractive, and who caused my heart to skip a beat every time I saw them. I never once made a sexually suggestive comment to any of them; it would not have occurred to me to do so. The reason is that I was raised properly to be respectful to women, and because I instinctively understood that the workplace, even the confusing workplace of show business, was not a locus where basic manners and common sense were suspended. This shouldn’t be hard. That particular ethics alarm should be installed and fully functional by the time a child is 10.

Weatherly, of course, as the star of a successful, popular and lucrative show, assumed that he was immune from discipline, and he was, sadly, right. What should have happened was that the producers should have called him in to grim scene with lawyers present. He should have been told that his conduct was not only stupid and vulgar but illegal. He should have been required to apologize to the actress and to make an appropriate statement to the cast and crew. Finally, he should have been told that a single instance of this kind of conduct, or any hint or retaliation against Dushku, would result in his dismissal for cause.

Disney and ABC, you will recall, fired Roseanne Barr from her own show for a single tweet. Even a CBS show had acted decisively when “Criminal Minds” fired star Thomas Gibson for kicking a writer. Ah, but one instance was racism, and the other was violence. The tragedy is that too many organizations and powerful men, especially in Hollywood and Washington, D.C., still don’t see sexual harassment as all that big a deal. No, it certainly doesn’t help the the President of the United States also doesn’t think it’s a big deal, but you can’t blame CBS’s conduct on him.

There is no excuse for this. There was never any excuse for this.