Character

Now THIS Is An Untrustworthy Legislative Staffer…And Incidentally, We’re Doomed

/ Jack Marshall / 24 Comments

In March of 2016,  Stacey Plaskett, the delegate to the United States House of Representatives from the United States Virgin Islands’s at-large congressional district. entrusted her iPhone and its password to staffer Juan McCullum, who copied nude images and videos of legislator after offering to take the phone to an Apple store for repairs.

After he left Plaskett’s office, McCullum created a Hotmail account and “sent at least eleven e-mail messages to multiple persons, including politicians, members of the media, and other persons known to [Plaskett].” The e-mails contained “one or more of the nude images and videos,” according to this week’s indictment against McCollum. He also created a Facebook account, uploaded the visual content, and then Facebook-friended people in Plaskett’s district to spread the nude images far and wide.

A few questions: Continue reading →

Observations On The Trump Jr. “Collusion” Attempt [UPDATED]

/ Jack Marshall / 44 Comments

1.  Preet Bharara, the ex-U.S. attorney fired by the Trump Administration, tweets…

Quick reminder: something doesn’t have to be illegal for it to be foolish, wrong and un-American.

True. When Donald Trump, Jr. was informed that a Russian lawyer wanted to meet with him to pass along damaging information about Hillary Clinton, he should have gone to the FBI immediately, because this could have been indicative of a national threat. Instead he said “Whoopie!” or words to that effect. Moron.

But we knew that.

*Notice of Correction: In the original post, I erroneously stated that Bharara had joined Mueller’s team investigating Russian interference with the election. That was incorrect. I apologize. I was confused by this headline from the Washington Examiner: Special counselor adds former Preet Bharara prosecutor to Russia probe: Reports. It’s a bad headline, but I should have read the whole article. Careless.

2. Similarly, if Danny Jr told Kushner and Manafort what he was told the meeting would be about, THEY should have told him that the meeting was a bad idea, and to report it. They are slime-bags, and none too bright either.

We knew that, too.

3. It may be pure moral luck that this didn’t turn into a serious breach of election laws. But the fact is that no information changed hands, as far as we know. There was no “collusion,” which isn’t a legal term anyway.

4. The New York Times, from its good side, actually detailed the legal realities of the case, which ironically show how absurdly over-heated and misleading its own coverage is. The Times consulted with legal experts who said,

  • The events made public in the past few days are not enough to charge conspiracy.  Renato Mariotti, a former federal prosecutor said the revelations are important because if further evidence of coordination emerges, the contents of the emails and the fact of the meeting would help establish an intent to work with Russia on influencing the election…at least on Donald Trump Jr.’s part.

But as has been the situation throughout, the episode is still waiting for real evidence of genuine collusion between the Russians and the Trump campaign, and this wasn’t it. The anti-Trump mob, in the news media and out of it, is so, so eager, so desperate, to prove sanctionable wrongdoing that it is pouncing on everything that contains a shred of hope.

  • There has to be an underlying federal offense that is being conspired to be committed. So far, there is no evidence of that, and the aborted meeting with the Russian lawyer didn’t come close.

If the e-mails released yesterday specified that what was being offered had been obtained by an illegal computer hack, that would  be enough. They didn’t. Continue reading →

Morning Ethics Warm-Up: 7/12/17

/ Jack Marshall / 73 Comments

Good Morning, everyone…

1. “Morning Joe” Scarborough went on “The Late Show With Stephen Colbert”-–where President Trump is officially referred to as Putin’s “cockholster”—and played to the anti-Trump audience by announcing that he was leaving the Republican Party as cheers rang out in Colbert’s echo chamber. More blatant pandering virtue-signaling and grandstanding would be hard to imagine.

Scarborough has followed up his short, undistinguished  career as a conservative GOP congressman by playing on-air conservative foil to his supposedly opposite-minded  co-host Mika Brzezinski on MSNBC while that network attacked Republicans on every show and all day long. In really, we have learned, he and Mika were sufficiently sympatico to be having a romantic affair while posing as journalists, meaning that the whole format was an act as well as an extended date. Scarborough was also complicit in helping Trump to the nomination of Joe’s alleged party by promoting him until he had nabbed the nomination. Once the Miracle of November 8, 2017 occurred, Joe made the obligatory U-Turn.

Never mind: I don’t care how Scarborough or anyone else registers; what matters is if they have the integrity to vote for the best candidate whatever party he or she represents. I do care that Scarborough used the smear that President Trump is a racist, and expressing to Colbert his disgust that GOP lawmakers, he claims, have refused to admonish Trump’s “racist” statements and election promises.  This is another sloppy chunk of the anti-Trump false narrative, and by resorting to it, Joe proves, not that he isn’t a Republican, but that he is a race-baiting character assassin.The evidence that the President is racist is elusive, but the smear is repeated among the resistance as truth so frequently that it has reached Big Lie status.

2. In February, the left-biased, Trump-reviling Huffington Post purported to list “16 Examples” of Trump “being a racist.” The whole campaign, his whole career,, with Democratic groups and activists repeating the slur for months, and this was what they could scrape up. (Spoiler: it’s pathetic…) Continue reading →

Ethics Hero: Donald Trump, Jr.

/ Jack Marshall / 185 Comments

Donald Trump, Jr. just released the entire e-mail chain that the New York Times alluded to (without actually seeing it) in a front page story designed to advance the Russian-Trump collusion  narrative.

Good for him. It would be wonderful if this were the usual course, in the Trump administration and every other one. Stop stonewalling, get the facts out, and take whatever comes.

Observations:

1. New York criminal defense attorney Eric Turkewitz, seemingly displaying  the ethics of his breed, implies that Trump, Jr.’s attorney would have been telling him to delete the messages. That would be unethical, and quite probably spoliation, since the e-mails could be reasonably seen as likely to be sought in an investigation already underway. My assumption is that Trump’s lawyer approved the release. Maybe Eric would have too.

2. Vox, among others, are tracking down partisan election law lawyers who will argue that young Donald was violating election laws. I’m extremely dubious of that.

The relevant statute language:

A solicitation is an oral or written communication that, construed as reasonably understood in the context in which it is made, contains a clear message asking, requesting, or recommending that another person make a contribution, donation, transfer of funds, or otherwise provide anything of value.

Unless one is determined to read the statute as meaning what it pretty clearly does not, “value” means monetary value, not “useful.”  “Value” could reasonable mean services, like spending time and resources hacking DNC computers. But handing over a document already acquired? How is that value if it didn’t cost anything? If the information was not illegally obtained by the Russians, and we have no way of knowing whether it was, then simply receiving proffered information that might be useful in a campaign doesn’t involve a campaign in a crime.

3.  “Colluding” is a pejorative term, but not a legal one. Is an American “colluding” with a foreign power once he or she has been told that the power wants a particular result, and the American takes steps to accomplish the same result, but in his own interests? Is that a crime? No. Continue reading →

If “A Boy Named Sue” Had Problems, What’s Chance Does An IT Named Searyl Have?

/ Jack Marshall / 79 Comments

“It’s up to Searyl to decide how they identify, when they are old enough to develop their own gender identity. I am not going to foreclose that choice based on an arbitrary assignment of gender at birth based on an inspection of their genitals.”

—Statement released by Katy Doty, Canadian non-binary transgender activist and mother of Searyl Atli Doty, upon it’s birth.

Let’s stipulate a few things before we get into the muck and mire, as well as the “ick” and “Are you kidding me?”…1. As the mother of Searyl, who I recommend trademark that name quick before a drug company uses it for te latest product that will do something to alleviate some dread disease if a sufferer is willing to risk dozens of equally dread side-effects listed at the end of a TV commercial, Katy has every right to do this

2.Katy’s using her just born child as a political and a political prop. She thus qualifies as a soul-less, radical mother who puts her political obsessions over her obligations to her own child, and a great candidate to be an awful parent.

Good luck, Searyl Atli, but I think you are doomed.

3. That name isn’t going to do the kid—can we agree it’s a kid, Katy?—any good either.  Giving a child anything but a name that will allow him or her to go through life without a  needless and gratuitous handicap nailed to them by parents amusing themselves, grandstanding or turning their offspring into a billboard is a form of child abuse. Being saddled with a name nobody can pronounce—Seerill? See-Ay-rill? See-Ay-RILE? Wait… is this name really an illiterate spelling of Cyril?— or spell will rob anyone of about a thousand hours before they are 60, if they are lucky.

Why would a mother inflict this on a child? Because the mother is a selfish jerk, that’s why.

4. This is grandstanding,  narrow-focused virtue-signaling, and worse. Continue reading →

Morning Ethics Round-Up: 7/8/17

/ Jack Marshall / 22 Comments

Good Morning!

Trying to warm myself up too, as I have to address a room full of new D.C.  bar admittees and tell them about their new ethics rules less than two hours from now….let’s see how much I can get down before by wife starts threatening me for not being dressed yet…

1. If anyone pays attention, Fox News is providing  nifty lessons to all organizations about how fish rot from the head down,  and how a pervasive unethical culture keeps going like the Energizer Bunny until it is decisively changed by responsible leadership. Yet another Fox News host,”Making Money’s” Charles Payne, is being disciplined and may be on the way out after  allegations of “professional misconduct,” sexual harassment, and more. It seems that the married analyst was having an affair with one of the blonde clones Fox’s Roger Ailes liked to have on the air, and had her fired after their tryst went sour. I assumed that Fox News was a hotbed of this kind of thing even before Aisles was exposed as a serial harasser; it was laughably obvious, with so many women dressing and sounding like cheerleaders and the on-air banter on “Fox and Friends” often crossing lines. If Payne is the last employee publicly fingered for harassment, it is only because Fox News is handing out preemptive settlements like Halloween candy. This was all right there, in front of millions, for anyone to see, and for Fox News management to stop, for decades before it blew up. Incredible.

2. I watched “Spotlight” again last night, and couldn’t stop thinking about CNN. The Catholic Church sexual molestation scandal doesn’t have much in common with the current descent of the U.S. newsmedia into ethical corruption and professional disgrace, except this: in both cases, leadership of  institutions that depend on and are based on trust and faith have willingly embarked on a course directly in opposition to the core values they were supposed to be committed to, and used the rationalizations  #13. The Saint’s Excuse: “It’s for a good cause” and #14. Self-validating Virtue to blind themselves for years, doing immeasurable and perhaps permanent harm to society and themselves in the process, not to mention their millions of victims. When in the movie did this parallel start occurring to me? When the film started showing angry Catholics attacking the reporters for daring to expose the truth, because the Church did so much good, and because anyone exposing an institution that was so vital to society was the real villain. Today what I hear is that because we need a courageous, reliable, independent free press (ironically, “Spotlight” shows why) we should pretend the press we have meets those standards, even when it has rejected them for partisan bias.

I envision a time when the whole news media looks back on 2016 and 2017 and wonders how they could have behaved so badly, and done such damage to the public trust.  I just hope that time arrives soon.

3. I can’t imagine a more audacious, in-your-face-display of inappropriate partisan arrogance than New York City Mayor Bill DeBlasio’s decision to fly to Hamburg, Germany, to join leftist and anarchist protesters at the G-20 summit. To do this, he is skipping the swearing-in of a new  class of NYPD recruits  at a time when the assassination of Officer Miosotis Familia, would seem to dictate a mayoral show of support for the police, and it was recently reported that his city is experiencing a rise in homelessness to levels not seen in decades. What a great time to relive his student protesting days instead of doing his job!

Fun question: who is the more egregious jerk, Governor Christie, or DeBlasio?

4.

Ugh…I am being threatened with defenestration if I don’t shave. Back later…

A Life Ethics Lesson: The Washington Nationals And The Duty To Improve

/ Jack Marshall / 4 Comments

Tex Ritter’s much-covered recording about the soldier whose deck of cards reminded him of the Bible has a parallel for me in the relationship of baseball to ethics. Like cards, baseball is a pastime, a game, but if you pay attention, there are profound lessons in ethics to be gleaned from the history, characters, and events of the game. In my official bio that I use for speaking engagements, I suggest that intensely following the travails of the Boston Red Sox since I was 12 was a major factor in sparking my lifelong interest and fascination with ethics. And it is true.

I live in the Washington, D.C. area now (unfortunately), and the local team is the Montreal Expos in exile, the Washington Nationals. The Nats’ mission is to bring Washington its first MLB World Championship since Walter Johnson was pitching and Coolidge was President. So far this goal has been elusive. That 1924 World Series-winning team, with the best names any team has had ever (Muddy Ruel, Ossie Bluege, Goose Goslin, Joe Judge, Nemo Liebold, Firpo Marberry, Mule Shirley, Pinky Hargrave, Curly Ogden, and more) has faded into forgetfulness while two Washington Senators franchises fled (to become the Minnesota Twins and the Texas Rangers, respectively) after decades of failure. The Washington Nationals, not nick-named Senators on the theory that the name was cursed, have proven cursed themselves. Despite having won more games over the last five seasons than any National League team, and having won the National League Eastern Division three times, the team has never sniffed the World Series, having lost repeatedly in the first round of the play-offs.

This season the Nats were loaded from the start, and even after terrible injuries to two of their best players, they have the best offense in the league, the best hitter (Bryce Harper) and arguably the best starting pitcher (Max Scherzer).  They are also in a lousy division where they don’t need to be great to win it without breaking a sweat.

But like the gorgeous woman with a wart on her nose, there is an obvious imperfection. The Nationals have no closer, that pitching specialist whose job is to get the last three outs (and sometimes more) to lock down victory in a close game.  This is not a new development, by any means. After the team decided to let last season’s (excellent) closer to leave via free agency, fans and sportswriters wondered how and when the team would replace him. One by one all of the established closers available by trade and free agency were snapped up, and it became clear that the Nationals ownership’s position was, “Never mind. The team is good enough. Maybe we’ll get lucky and some pitcher will surprse us, but even if we don’t, this team is good enough to win anyway. And we can save ourselves a bunch of money.” Continue reading →

Morning Ethics Warm-Up: July Fourth, 2017

/ Jack Marshall / 37 Comments

Good Morning, everybody, and Happy Independence Day.

1. A minor item cross-filed under “Twitter makes you stupid and careless,” “Oh, sure, our public schools are terrific!” and “Is we getting dumber?”: Yesterday, whoever the History Channel allows to handle its Twitter account tweeted out the fact that July 3 was the anniversary of the final day of the Battle of Gettysburg, and included a picture of General…George Washington.

2. Is trolling ever ethical? When it’s pointed, clever and deserved, perhaps. Boston-based businessman and inventor V.A. Shiva Ayyadurai,  a Republican who received a Ph.D. and his undergraduate degree from the Massachusetts Institute of Technology, is running for the GOP nomination to oppose Massachusetts Senator Elizabeth Warren. He’s running on the slogan: “Only a real Indian can defeat the fake Indian.” V.A. sent Warren a DNA test so she could prove that she’s part Cherokee, as she asserted in the past to get the benefit of affirmative action recruiting programs at Harvard Law School and the University of Pennsylvania. The Senator refused to take the test, prompting her tormentor to tweet,

“I’m deeply saddened @SenWarren refused my thoughtful (gift-wrapped) Birthday Gift: the 23&me DNA Test Kit,” Ayyadurai tweeted Sunday. “Most unfortunate! #FakeIndian.”

He then posted screenshots of the DNA test kit he purchased online.

Why doesn’t Warren just take the test? If it shows she has Native American DNA, then she’s killed an issue that has haunted her since 2012, and will continue to unless something changes. If it shows that she isn’t an “Indian,” then all she has to do is say that she was mistaken, she had bad information from her family, and regrets taking advantage of the affirmative action programs to the detriment of real minority academics. (Harvard listed her as a teacher “of color.”)

The answer is that Warren would rather claim that the Indian issue is a manufactured slur by the right, so she can continue to claim minority status and victim status. The answer is that she’s a cynical, cowardly fraud.

Warren, Hillary, Bernie Sanders, Tom Perez, Nancy Pelosi and Maxine Waters constitute the mots visible leadership of the Democratic Party.

Res Ipsa Loquitur. Continue reading →

Which Presidents Would Have Tweeted Trump-Style If They Had A Twitter Account?

/ Jack Marshall / 35 Comments

The tweet above from the President as he doubled down on his unusually stupid attack tweets against Joe and Mika got me thinking. He’s not entirely wrong. Trump is the first President to use social media personally and for candid statements and observations, bypassing the news media, and almost all of the previous Presidents had no choice in the matter. Fourth of July weekend always gets me thinking about the Founders, and the Founders get me musing about the Presidents, and I found myself playing this mind game: Which of our Presidents, had they has access to Twitter, would have used it in a Trumpian manner?

I should clarify some issues at the outset. None of the Presidents would have used Twitter in a stupid, juvenile and boorish manner like President Trump, because none of them were that stupid, juvenile and boorish. (On the other hand, none of their critics, being comparatively responsible and sane, would have argued that stupid, juvenile and boorish tweets were justification to remove the previous 44, as Keith Olbermann thinks.) By using Twitter in a Trumpian manner, I mean using it…

..Personally…

…for the purpose of by-passing the news media and White House spokespersons…

…in order to make declarations of intent, emotions or satisfaction, or

…to attack, accuse, denigrate, compliment, rebut, defend, joke, troll, or otherwise

…communicate directly with the public.in an unfiltered manner.

One other caveat: Trump would definitely be establishing new Presidential norms were his tweets less obnoxious and embarrassing. By the time his term(s) are over, he mat have given Presidential tweeting such a bad reputation that no future POTUS will dare use Twitter for fear of being compared to the Mad Tweeter of 1600 Pennsylvania Ave.

All right, on to the inquiry!

Which of our previous Presidents would have used twitter in one or more of the ways Trump uses it. based on what we know of their character and leadership styles?

Continue reading →

Dear Idiots: Please Stop Making Me Defend The Bigoted Baker

/ Jack Marshall / 88 Comments

I am pleased that the Supreme Court will be taking the case of Jack Phillips, the Colorado baker who refused to sell a wedding cake to a gay couple because, he said, they wanted it to be customized, and doing so would offend his faith.  His claim is based on the First Amendment, which prevents the government from making you say what you don’t want to say as much as it prevents the government from stopping you from saying what you want to.

Colorado’s courts denied that Phillips was doing anything but saying that he doesn’t like or respect gays sufficiently to make the exact same cake for them that he would make for non-gays.  I agree with their holding that his actions violated the public accommodations laws. I wrote when this case first reared its frosted head…

“The court’s conclusion  is impossible to rebut. The cake the baker was asked to bake for the gay wedding differed not at all from one he would normally sell a straight couple. In truth, this had nothing to do with expression. He was just refusing to serve a gay couple because of their sexual orientation. Selling them a standard cake would neither constitute, nor would it be recognized as a “message” in support of gay marriage.

The Court agreed that a wedding cake with a customized message celebrating a same-sex marriage as such might implicate First Amendment speech issues, but “we need not reach this issue,” the court said. “We note, again, that Phillips denied Craig’s and Mullins’ request without any discussion regarding the wedding cake’s design or any possible written inscriptions.”

In other words, Phillips was gratuitously and unnecessarily being a cruel jerk. An alleged Christian who is unable to detect the basic Golden Rule application in treating fellow citizens with the minimal level of respect inherent in allowing them to buy a standard wedding cake requiring no “Yay Gay!” or “Charlie and David Forever!” messages in pink frosting deserves no sympathy or quarter from the law. Could the couple have just shrugged and found another bakery? Sure, they could have. Linda Brown could also have just shrugged and found an all-black school to attend, too.

The gay couple are not the villains here. Jack Phillips broke the social contract, as well as the law.”

Now that SCOTUS has decided, by agreeing to review the case,  that he has perhaps a scrawny, shaky legal leg to stand on before they kick it out from under him, Phillips and his lawyer are taking a premature victory lap, as if making it quite clear that you think gays are second class citizens is something to be proud of (and, sadly, too many still think it is.) Their publicity campaign took them all the way to The View, a wise choice. After all, nothing can make an unethical position seem more persuasive than when it is being attacked by idiots, and idiots of the left-wing persuasion are pretty much what ABC’s “Six Opinionated Female B and C List Celebrities Sitting Around Slamming Conservatives”  daytime show has to offer. (To be fair, the show usually has one even dumber right-wing idiot on hand to make the left-wing idiots seem astute by comparison.) Continue reading →