Character

Morning Ethics Warm-Up, 10/9/2017: Inadvertent Confessions And Admissions

/ Jack Marshall / 65 Comments

Good Morning, Columbus!

So glad you came!

1 Yesterday, on “Face the Nation,” Senator Diane Feinstein was continuing the Democratic Party’s latest use of a gun tragedy to see if the American public can be frightened, shamed, deceived or panicked into giving up one of the core individual rights guaranteed by our Constitution. The host asked her whether there were any proposed regulations that would have stopped Stephen Paddock or someone like him from committing mass murder.

Her answer, “No.”

Well there you have it, right? This tragedy has nothing to do with honest, good faith gun reform, and everything to do with the anti-gun left wanting to begin eroding the Second Amendment, until the right of law-abiding citizens to arm themselves to the extent they believe is necessary shrinks to insignificance.

I salute the Senator in one respect: at least she’s honest about the fact that the use of the Vegas Strip shooting by the anti-gun left is entirely cynical and exploitative. Contrast her blunt “no’ with the demagoguery of her fellow Congressional Democrat, civil rights icon John Lewis. (The news media always describes him that way, because “race-baiting, hyper-partisan  hack John Lewis” would offend African-Americans.). As I discussed earlier, Lewis erupted last week with this call to no-arms:

“The American people will not stand to see hundreds and thousands of their fellow citizens mowed down because the lack of action on the part of the Congress…We have to do something…The time is always right to do what is right. We waited too long. How many more people will die? Would it be a few hundred? A few thousand? Several thousand? We have to act. We cannot wait.”

The complete Feinstein-Lewis thought, then: “The American people will not stand to see hundreds and thousands of their fellow citizens mowed down because of the lack of action on the part of the Congress to pass laws that would do nothing to stop their fellow citizens from being mowed down in a massacre like the one we are demanding action in response to!”

In one of the many threads following the Vegas Strip shooting, commenter Charles Green asked me,

“Let me ask my basic question again: are there any constructive suggestions (hopefully a tad beyond outlawing bump stocks) that can be offered by the principled defenders of the Second Amendment to find common ground? Any? I for one am all ears.”

Continue reading →

Morning Ethics Warm-Up, 10/8/2017: TV Comics, Law Deans, Sports And California…Everything Is Seemingly Spinning Out Of Control!

/ Jack Marshall / 85 Comments

Good Morning!

On the day that the Boston Red Sox will begin their stunning comeback against the Houston Astros …

 

1 Speaking of baseball, a poll shows that the NFL fell from the most popular major sport in the nation last year to the least favorite last month, while baseball regained its traditional but usually treated as fictional “National Pastime” status. The NFL also dragged down the popularity of college football. Not all of this can be blamed on Colin Kaepernick, Black Lives Matters, and incoherent protests that aren’t against the National Anthem, well, maybe its third verse, but take place during the National Anthem, well, because. Ethics Alarms isn’t the only voice that has declared football to be callous and barbaric, now that the game’s unavoidable concussions are being shown to cause a deadly brain disease. Too many helmeted heroes beat their spouses and lovers, and commit felonies. The biggest star in the NFL, Tom Brady, is a smug, cheating jerk. It never helps when the President of the United States, even one like Trump, attacks an institution from the bully pulpit. Still, the timing certainly suggest that the NFL’s botched handling of The Knee is the catalyst for its current nosedive in popularity. Just think how many brains will be saved if this is permanent.

Meanwhile,  Major League Baseball is benefiting from staying true to its traditional national role of unifying the country rather than dividing it. No on-field protests mar the National Anthem. The sport is entertainment, celebrating American themes like individualism, the triumph of the underdog, and grace under pressure. In 1942, FDR urged Major League Baseball to keep playing, even though the remaining players were unfit for military service, leaving the teams stocked with older players and a collection of misfits, like Pete Gray, the one-armed outfielder.  After Baseball Commissioner Judge Kenesaw Mountain Landis wrote President Roosevelt in January, FDR replied with this letter the same day:

It is not, however, in the best interest of the country to keep the NFL “going.” Continue reading →

Morning Ethics Warm-Up, 10/7/2017: A Salute, A Disgrace, An Idiot, And An Asshole

/ Jack Marshall / 17 Comments

Good Morning!

1  I want to take a moment to salute the commenters here for a remarkable performance the past week regarding the re-emergence of the gun control debate following the Vegas Strip massacre. There have been a staggering 664 comments (so far) on the topic in various threads, two Comments of the Day (and another couple soon to be published), and a rare guest post. The level of discourse has been overwhelmingly high, and the sophistication and variety of opinion has been exemplary. Through all of this, there has been little of equal quality from the mainstream media and its pundits, while the quality of opinion and debate on television and from elected officials has been only slightly above the “Do something!” level still flourishing on Facebook. (I’m going to my Facebook feed now to pick a recent example. Let’s see…here’s one! This is a representative segment of the comments on this story on Mediaite, admittedly an especially dumb one, about MSNBC political analyst Steve Schmidt telling Bill Maher , among other simple-minded observations, that only seem relevant to the anti-gun hysterics, that  it is “harder to buy cough medicine than it is to buy an AK-47 or 50 of them”…

This guy is an idiot. Tell him to go buy cough syrup, then go buy an AK and come back in an hour and see what he has. I bet it would only be cough syrup.

is it in a liberal’s nature to murder unborn babies? just askin

It’s a birth control device for them.

Awww, you need attention

And you gave it

I live in your head

Why so many?

ZZZZZZZZZZZZZ

Heroin is against the law, and yet we have a heroin epidemic. Automatic weapons, like the AK-47, are against the law and yet Steve Schmidt says they easier to get then cough syrup with codeine. He doesn’t even see his idiocy.

False equivalencies to justify your need to compensate, boring.

Well, you can get a semi-automatic one, but it’s a far cry from a military-grade automatic.

The left has issues with their vision. The unicorns that roam the landscape crapping skittles and pissing perfume block their view, I guess.

Damn you really are a mental nut case

Ugh.

Thank you, everybody.

You do Ethics Alarms proud..

2. In the category of “This is so obviously incompetent that I should have to write about it“  The IRS awarded a sole source $7.25 million contract to Equifax to verify taxpayer identities and help prevent fraud. This was after the credit company negligently allowed the personal data of millions of Americans to be hacked. The excuses being offered by the agency are hilarious. IRS officials claim they were forced by circumstances to issue the no-bid multi-million dollar contract to Equifax. The GAO calls this baloney. The IRS argued, in a letter to Congress, that the IRS  it was unaware of any fraud related to the company’s data breach.  No, it’s just that Equifax was incompetent and negligent to an inexcusable extent that ought to be criminal. Another defense offered by the IRS:  most of the data hacked by Equifax had already been revealed in previous corporate breaches, such as those at Target and Anthem.  WHAT? That’s like saying you are a trustworthy nanny because the child you let get run over by a car was already dying of cancer.

From Politico:

Lawmakers on both sides of the aisle blasted the IRS decision.

“In the wake of one of the most massive data breaches in a decade, it’s irresponsible for the IRS to turn over millions in taxpayer dollars to a company that has yet to offer a succinct answer on how at least 145 million Americans had personally identifiable information exposed,” Senate Finance Chairman Orrin Hatch (R-Utah) told POLITICO in a statement.

Ya think?

A. Cancel the contract.

B. Fire the head of the IRS and anyone in the chain responsible for this decision. Continue reading →

Morning Ethics Warm-Up, 10/6/17: Pigs And Hypocrites

/ Jack Marshall / 15 Comments

Good Morning!

(and thank heaven THAT week is over with…)

1 There will be a full post on the Harvey Weinstein matter later today, but let’s get his vomit-inducing statement to the Times out of the way. If you are late to this party, Weinstein has been a powerful Hollywood producer and power-broker for decades, as well as a high profile supporter of the Democratic party, the Clintons, and Barack Obama. In a New York Times exposé yesterday, he was also revealed as a serial sexual abuser and harasser, whose conduct and cover-ups his industry and the politicians who received and accepted his checks were almost certainly aware of. More of that later; let’s look at the mogul’s response to the Times story. You can read the whole nauseating thing here. I’ll focus on these lowlights…

I came of age in the 60’s and 70’s, when all the rules about behavior and workplaces were different. That was the culture then. I have since learned it’s not an excuse, in the office – or out of it. To anyone.

Sexual harassment has been unambiguously condemned in our law and culture for more than 30 years.  This is a weak “Everybody used to do it” excuse. When did he “learn” it’s not an excuse? If he knows it’s not an excuse, why is he offering it as an excuse?

My journey now will be to learn about myself and conquer my demons. Over the last year I’ve asked Lisa Bloom to tutor me and she’s put together a team of people. I’ve brought on therapists and I plan to take a leave of absence from my company and to deal with this issue head on. I so respect all women and regret what happened. I hope that my actions will speak louder than words and that one day we will all be able to earn their trust and sit down together with Lisa to learn more.

I don’t even know how to describe this, except that more blatant BS I have seldom read in my life.  Who is supposed to be convinced by such transparent “Damn! I’m caught! How can I pretend I’m sorry?” blather?

Here’s the pièce de résistance, though: Continue reading →

But…But… It Doesn’t Mean He’s Not A Good Lawyer!

/ Jack Marshall / 20 Comments

RIP, Snoopy.

This is a fascinating example of the legal community’s incomprehensible standards regarding who is and who isn’t fit to practice law.

In New York,  the bar took away lawyer Anthony A. Pastor’s license after he violently killed his girlfriend’s poodle “Snoopy.” See Matter of Pastor, 2017 NY Slip Op 06729, (App. Div. 1st Dept. Sep. 28, 2017).

An autopsy revealed that Snoopy  had nine broken ribs, a crushed kidney and massive internal bleeding, all at the hands of Pastor.

In disbarring Pastor, [ Matter of Pastor, 2017 NY Slip Op 06729, (App. Div. 1st Dept. Sep. 28, 2017)], the court noted that the sentencing judge’s comments that the respondent’s conduct “‘showed almost incomprehensible violence, and malice,’ that the dog was in ‘excruciating pain’ up until she lost consciousness while respondent ‘sat down at his computer in the most cold-blooded manner, and went to work, knowing that the dog lay dying, . . . on the floor behind him.’”

Nice.

But what does it have to do with whether the creep is a competent, honest, trustworthy lawyer?

Again I note that John Edwards never faced discipline for his massive deceptions and machinations, while his wife was dying of cancer, and while he was running for President. This conduct directly implicated trust and character, yet the refrain of Edwards’ colleagues was that his deceptions and cruelty, while clearly unconscionable, did not involve the practice of law, and thus did not preclude Edwards continuing to be regarded as a trustworthy lawyer. Are they kidding? I wouldn’t trust John Edwards to mail my water bill. Still, I hear this argument all the time in my legal ethics classes. One hypothetical is about a law partner who is caught cheating at poker in a regular game among fellow attorneys. Does that conduct mandate reporting him to the bar for discipline? Most lawyers say no.

They are wrong. Continue reading →

Morning Ethics Warm-Up, 9/30/2017: The Price Is Wrong, Traveling Men The Trump Cabinet,And The Return Of “Will & Grace”

/ Jack Marshall / 34 Comments

Good Morning!

1 Under pressure from President Trump, who shouldn’t have appointed him in the first place, Health and Human Services Secretary Tom Price resigned  yesterday. He, along with other Trump officials, was under Congressional scrutiny for using expensive charter and military flights unnecessarily, costing taxpayers at a time when the administration is supposedly watching the budget. Under Federal Travel Regulations, officials are told to take the “most expeditious” means of transportation which “by no means should include personal use,” Chairman Trey Gowdy and ranking member Elijah Cummings had written to  letter to Price, 23 other agency heads, and the White House. Price has spent more than $400,000 on taxpayer-funded private jet travel since May.

Price’s abuses included a $17,760 round trip on a charter jet to Nashville, where the HHS Secretary stayed less than six hours, including lunch with his son. The day before he resigned and a day after the President publicly expressed displeasure over the travel abuses, Price had apologized. “Today, I will write a personal check to the U.S. Treasury for the expenses of my travel on private charter planes. The taxpayers won’t pay a dime for my seat on those planes,” Price said in a statement, adding that he will no longer take private planes while serving as Secretary. “No exceptions.” This was deceit, however. The repayment was just $51,887.31, a fraction of the true cost to the government. That was, as Price said, the cost of  the secretary’s “seats” if had flown commercial.

Price is not the only Trump official whose travel practices and expenditures raise at least the appearance of impropriety, but if one had to be the symbolic whipping boy, Price was a great choice. He was also my choice back in January for “Trump Cabinet Appointee Most Likely To Make Money Off Of His Position.” In a post expressing disgust at Price’s appointment, I wrote,

“Last year, Price purchased shares in Zimmer Biomet, a medical device manufacturer right before he introduced  legislation that would have directly benefited the company. Price bought between $1,001 to $15,000 worth of shares in the company last March, and then, less than a week after the transaction,  introduced the HIP Act…to delay until 2018 a regulation that industry analysts believed  would significantly hurt Zimmer Biomet, one of two companies most affected by a regulation that limits payments for joint implant procedures. Not only did Price have a financial stake in the regulation he tried to stall,but after Price introduced  his bill, Zimmer Biomet’s political action committee donated to the Georgia congressman’s reelection campaign.”

2. Losing one arrogant, travel-abusing high official may not be enough. It’s an interesting problem: is it fair to make one miscreant the focus of abuses that involve many? No; it’s also not practical, and therefore not responsible, to behead a significant portion of the Executive Branch because oversight was lax and an unethical culture had been allowed to take hold. I think Veterans Affairs Secretary David Shulkin would be an excellent and deserving candidate to join Price as metaphorical head on a pike.

Shulkin took a 10-day trip to Europe this past July, for meetings with Danish and British officials about veterans’ health issues. He treated much of the trip as a vacation, taking in a Wimbledon championship tennis match, touring Westminster Abbey and taking a cruise on the Thames with his wife, whose expenses were also paid for by you and me. The federal government paid for the commercial flights for Shulkin and his wife, and provided a per-diem reimbursement for their meals and other expenses. How did Mrs. Shulkin rank reimbursements and taxpayer-funded airfare? A VA spokesman explained that she was traveling on “approved invitational orders” and had “temporary duty” travel expenses.

In other words: “Huminahuminahumina…” Continue reading →

From The Ethics Alarms Lost Files: The Ballet Dancer, The Man On The Tracks, And The Duty To Rescue

/ Jack Marshall / 13 Comments

That’s our hero, Gray Davis, in the bottom photo. The top photo is just a suggestion if he decides to go pro…

[This story is several months old, but I missed it.  Luckily my friend, long-time Ethics Alarms reader and commenter Ethics Bob did not, and sent it to me. Then I missed his e-mail. Until today.]

Ethics Alarms often writes about the duty to rescue, but has also often discussed the reasonable limitations on that duty. You are ethically required to do what you can to prevent a tragedy if you have the power to do so, and instant presence of mind to do so. There is no ethical duty to act like Batman, unless, of course, you are Batman.

Gray Davis is Batman.

Well, that’s not quite right.

Let’s call him “Ballet Man,”

In June, a 58-year-old homeless man fell or was pushed onto the subway tracks at the 72nd Street Broadway-Seventh Avenue station in Manhattan. People began screaming and shouting for someone to help. Davis, 31, told reporters that “At first I waited for somebody else to jump down there…. But nobody jumped down. So I jumped down.” Actually he leaped down. Davis is a ballet  dancer with the American Ballet Theater. He had not performed that night, a Saturday, because he was recovering from a herniated disk. He had just watched his wife, soloist Cassandra Trenary, dance in both the matinee and the evening performances of “The Golden Cockerel.”

After Gray’s graceful assemblé from the platform onto the tracks, he lifted up the man, following a temps leve, although the carry itself was not standard and had several technical flaws by ABT standards, forgivable because ballerinas are not typically dead weight, and unconscious homeless men are not typically ballerinas. Gray deposited his temporary partner on the platform, where he was immediately attended to by others.

Then the dancer heard a train in the distance, and for the first time realized how high it was to the platform from the tracks. “Luckily, I’m a ballet dancer,” he said. Luckily for everyone. Lifting his let up over his head is a breeze.

Ballet dancers are much-maligned, and increasingly unappreciated as artists despite the fact that they are among the most skilled athletes in the world. Batman would have to have ballet training; Daredevil too. Unfortunately, they aren’t real. Graey Davis, Ballet Man, is real, and when a life was at stake and everyone else was calling for someone else to he a hero, he was one, because he knew he had the skills to pull it off.

Bravo!

Encore!

_____________________

Pointer: Ethics Bob

Tales Of The King’s Pass: The Rick Pitino Saga

/ Jack Marshall / 31 Comments

My father attended to the University of Louisville for a while, and he was a proud Louisville boy, so the recent fall of the school’s famous basketball coach has a homey ring for me. Fortunately, my father had little use for big time college sports and if he followed college basketball or the fortunes of his old school, he never passed an interest in hoops to me. Mark that as one more thing to be grateful to Dad for. For decades, my lack any rooting interest in college basketball and college football has been driven by the knowledge that  they are both malign corrupting influences on higher education, students, athletes, African-Americans, communities, the sports media, and the nation’s culture. The amazing thing is that the sports don’t even hide it very well.

If you are not aware of the recent college recruitment scandal coming out of Louiville, here’s a short summary. Rick Pitino is perhaps the most famous college men’s basketball coach, and maybe the most celebrated college sports coach generally now that Joe Paterno is gone. (Here’s how closely I follow college sports: there was a time when I thought Pitino and Paterno were the same person, as in “You say Paterno, and I say Pitino…!”—which is ridiculous: Pitino is a cheat, and Paterno let children be molested so he could save his football program from bad publicity.) Pitino was placed on unpaid administrative leave after the school learned that he was a target of an FBI investigation into fraud and corruption. Yesterday, CBS  identified Pitino as the “Coach-2” who played a role in funneling $100,000 to a U of L  basketball recruit. That player is Brian Bower, and the 1oo grand came from Adidas “at the request of a coach,” apparently Pitino. In case you are really a college sports virgin, the NCAA has strict rules against paying athletes or offering them money to come to a school, unless the money is in the form of a phony scholarship that has nothing to do with education.

The key thing to remember is that nobody is really surprised. Well, nobody is surprised when any big time college  football or college coach is caught in recruiting scandals, but Pitino has been involved in several scandals throughout his career: Continue reading →

Now THIS Is An Unethical Stickler For Policy…

/ Jack Marshall / 22 Comments

I love this story! It’s a classic example of the unethical bureaucratic mindset. It shows that it isn’t only American brain-on-autopilot officials who embarrass the human race this way. Best of all, it’s from France, as far away from the ridiculous NFL protest than isn’t a protest and the President’s obsession with it as possible.

Frenchman Philippe Croizon gained international fame in 2010 when he swam the English Channel without the use of his arms or legs, because he has no arms or legs. He is almost certainly the most famous quadruple amputee in the world, and definitely the best armless and legless long-distance swimmer, if you don’t count fish. Yet when he recently tried to board a train, he was blocked by a railway employee who asked for proof that he was disabled. (Disabled passengers get a discount on train tickets in France). Here is Croizon…

The controller insisted on seeing his state issued disability card.  Croizon was in a wheelchair. He has no legs or arms. Never mind: if you can’t prove you’re disabled by producing the proper documentation, the controller insisted, then you aren’t disabled.

Eventually other passengers made such a commotion that the controller gave up and took Croizon at his word. When I first started reading about this, I thought that the guy was arguing that if Cruizon could swim the channel, he wasn’t disabled. Of course, this would mean that French porpoises couldn’t get their discounts either. Or the Little Mermaid.

Croizon is apparently an amazingly nice guy. He tweeted about the incident, but unlike everyone who has read about it and responded on social media, he refuses to condemn his tormenter, and wrote the controller was just doing his job.

“I wanted to take things with a sense of humor and do not get to insults,” he wrote. “This gentleman may have had a bad day, he may be tired, I don’t know.”

It was generous and kind for Croizon to try to give this officious fool a hand,  but he really doesn’t have a leg to stand on.

(I’m sorry.)

Morning Ethics Warm-Up, 9/24/17: Sen. McCain, His Pal, And The Amazing Brain Of Hillary Clinton.

/ Jack Marshall / 37 Comments

Isn’t it a beautiful morning?

1 Another mind-blowing Hillary Clinton note: in an interview on MSNBC, she said that women who supported candidate Trump publicly disrespected themselves, and expressed amazement that any women would be so foolish as to associate themselves, even distantly, with such a sexist.. I’d love to know what internal editing, re-casting of reality, obliteration of integrity and massive lack of self-awareness goes on in Hillary’s head to allow her, of all women, to say things like this, and even more remarkable, assume that nobody—rather than virtually everybody— would find it laughable.

I’m not even going to elaborate on why Hillary Clinton saying women disrespect themselves by supporting a sexist and misogynist is astounding, even for her. I respect my readers’ intelligence. I bet you can figure it out on your own.

2. Senator John McCain is suddenly a hero, twice, for again announcing that he will not support another apparently lousy, GOP bill to repeal and replace Obamacare.  While I have my doubts about the nobility of the Senator’s motives—I think his bitterness at Trump goes deep, and that bias affects his professional actions—but it is worth reading McCain’s arguments for why he will not support the bill, which are solid and ethical, and hardly an endorsement of the ACA: Continue reading →