When The Electoral College Makes It Official Today, Remember What Really Made It Possible For Donald Trump To Be President—And It Wasn’t Racism, Misogyny, Xenophobia, Fake News Or Putin

Today, when the electors meet and officially cast the votes that make Donald Trump the next President of the United States, Ethics Alarms will retire the “This will help make Donald Trump President” tag. I was going to wade through the many posts bearing that tag, but the task was too arduous and  depressing, and besides, new examples pop up every day. Trump does not have the skills, experience, reliability, judgment or temperament to be trusted to serve the role that those who voted for him designated him to serve, but the reasons much of the nation desperately, fervently, urgently wanted someone to fulfill that role and now, should be evident to anyone who is not part of the problem.

Two examples suffice.

1. Illegal immigration. Thanks to Trump’s slovenly rhetoric, Democrats, illegal immigration advocates and the news media managed to turn what should have been a substantive debate over the U.S.’s enabling of illegal border-crossing into the false narrative that Trump was racist, xenophobic, and had called all Mexicans “rapists and murders.” (He never did that.) Then Trump himself allowed the debate to focus on his absurd impossible measures to address the crisis: a Berlin-style wall that he would “make Mexico pay for” and mass deportations of 11 million U.S. residents or more. These deflections didn’t change the facts, however: Eight years of the wink-wink-nudge-nudge Democratic and Republican policies of allowing a constant stream of law-breaking foreign citizens over our borders, bolstered by the Orwellian deception by journalists, elected officials and activists of calling them “immigrants” to make dissent from these policies vulnerable to attack as “racist,” had justly infuriated many Americans. After watching so many politicians pretend to oppose the flood across our borders and back down or descend into double-talking gibberish, it was refreshing and—yes, Mrs. Obama–hope-inspiring to hear someone, anyone, call the crisis what it was and pledge to address it, even in crude  terms.

Illegal immigration, and the flaccid, dishonest handling of it by both parties is the issue that made Donald Trump’s rise possible, and all of the conditions that created public indignation and anger over the issue still exist.

1,574  illegal aliens were apprehended at the U.S. Mexico border per-day during the month of November, marking the fifth straight month of escalating illegal immigration into the southwest United States. Nobody knows how many weren’t apprehended, but it is probably more. In addition to the tens of thousands of illegals streaming in from Central America, officials are reporting increased numbers of Cubans and Haitians crossing into the United States from Mexico. No, they aren’t all rapists and murderers or even criminals, and they aren’t all Mexicans, but they all came here or tried to come here illegally. That makes them wrong and undesirable, and all the linguistic tricks being employed to make that simple statement difficult to express won’t alter that central fact.

This month, the Center for Immigration Studies  reported that illegal immigrants with criminal records in this country probably total at least 820,000, with most having felony and serious misdemeanor convictions. Other estimates, naturally the ones cited by Trump,  have suggested up to two million criminal illegal immigrants, but 820,000 is still a number larger than the populations of four Alaska, North Dakota, Vermont or Wyoming. Continue reading

President Barack Obama Has Appointed A Zealous And Competent Civil Rights Lawyer To the U.S. Commission On Civil Rights, And There Isn’t A Thing Wrong With That.

Perry Mason would have defended Mumia Abu-Jamal...

Perry Mason would have defended Mumia Abu-Jamal…

President Barack Obama has appointed Debo Adegbile,  who had served as an former attorney for convicted controversial police-killer Mumia Abu-Jamal, to a six-year post on the U.S. Commission on Civil Rights. The eight-member commission consists of four members appointed by the president and four appointed by Congress.

Adegbile worked at the NAACP Legal Defense and Educational Fund when he represented Abu-Jamal in the appeal of his conviction and death sentence for the  1981 shooting death of Philadelphia police officer Daniel Faulkner. Abu-Jamal’s sentence was reduced to life in prison. Predictably, rightish-commentators and of course police groups are highly critical of the appointment, just as they were in 2014 when they and others convinced the Senate to reject Obama’s nomination of  Adegbile to lead the Justice Department’s Office on Civil Rights. Ethics Alarms noted then, in the post, The Right’s Unethical, Ignorant, Un-American And Dangerous Attack On Debo Adegbile,

“It says nothing of Debo Adegbile’s fitness as a public servant that he represented a convicted cop killer, a cannibal, Son of Sam, Spiro Agnew or Willie Sutton. It simply says that he is a lawyer, and one who embraces the traditional ethics and aspirations of the profession. Abraham Lincoln won fame getting an acquittal for a friend whom Lincoln knew was guilty of murder, but the prosecution didn’t have the evidence to prove it. Good. Does this mean he was pro-murder? Clarence Darrow used his extraordinary persuasive power to stop over a hundred men accused of murder—most of them guilty, some of them certifiable monsters— from being executed. Good. They were citizens, they had as much a right to use the laws that offered them protection as the government had to use other laws to threaten their lives and freedom. Was Darrow a fan of killers? No, he was fan of making sure ordinary people weren’t crushed by laws and systems they could never understand, use or survive without the help of a lawyer, in his case, the greatest lawyer of them all…. The principle [critics of Adegbile’s defense of Abu-Jamal] are advocating… is a sinister one, where lawyers rather than judges or juries pass premature judgment on the claims and needs of citizens, and withhold competent access to legal remedies according the their personal assessments regarding the validity of a citizen’s motives. This, of course, gives unacceptable power to lawyers, making it their choice who gets the protections of our justice system and who does not. The danger of this contention cannot be understated….let’s remind all the conservatives using this irresponsible tactic where it leads. It leads directly to citizens being slaves to their own nations’ laws, because they can’t possibly access them on their own, with lawyers deciding who is worthy of being able to take advantage of our “inalienable” rights, and who has the “privilege” of legal representation.”

Continue reading

Are No Professions Safe From The 2016 Post Election Ethics Train Wreck? Now Even Restaurant Critics Have Gotten On Board!

circus-train-wreck

As a professional ethics specialist, I find the enthusiasm with which alleged professionals have used the election of Donald Trump to excuse their abandonment of such ethical values as fairness, responsibility, respect and citizenship deeply discouraging, and I am seriously considering becoming a beachcomber. I already knew that the journalism profession no longer could distinguish ethics from a hairy crab, so this wasn’t too surprising, nor was it too much of a shock that the New York Times has become a non-stop anti-Trump fear-fest and rant machine. Let’s see, in today’s edition alone  there is a hit piece on Trump advisor Steve Bannon called “Bannon’s Coriolanus Rewrite,” then  “Donald Trump’s Racial Ignorance,” “Where the Right Went Wrong,” (an amazing title, given the current balance of political power after Hillary’s botched campaign), “How the Truth Got Hacked,” “Is Democracy in Danger?” “Trump, the Russian Poodle,” and “Is This Collective Trauma?” The  last, I guess,  explains why mass trauma is inevitable for progressives, moderates and “Never Trump” Republicans when “the political order they long took for granted — defined by polarization, yes, but also by a commitment to basic principles of democracy and decency — is suddenly gone.”  One would almost wonder from that sentence which side of the political spectrum is calling for armed insurrection, pre-inaugural impeachment, and the overturning of the election results. The Times is also a showcase for columnists whose minds have snapped like dry branches in the wind,  causing them to leap manically onto the Trump Hysteria Express. Economist Paul Krugman has long been a hyper-partisan scold for whom fairness is alien territory, but this tweet was spectacularly vicious even for him:

“Thought: There was (rightly) a cloud of illegitimacy over Bush, dispelled (wrongly) by 9/11. Creates some interesting incentives for Trump.”

An ethical newspaper wouldn’t want someone capable of such a comment working for it.

Many broadcast journalists were stunningly unprofessional, indeed amateurish, on election night. Martha Raddatz choked up with emotion reporting Clinton’s loss; now there’s an objective reporter. Rachel Maddow described the evening as a “nightmare.”

Education has been racing journalism to the ethics barrel bottom for years, but I did not expect universities to send such intimidating messages to their students that they were expected to either be in mourning or on the verge of emotional breakdowns because the Democrats lost. Once, higher institutions of learning aimed to teach students critical thinking skills so they could make up their own minds regarding civic affairs. High school administrators and teachers also forgot their duties, and allowed students to skip school because, you know, TRUMP!!!!, and “ARRRGHHHHH!!!!”

Lawyers have lost their ethical bearings, of course, as have law professors, with perhaps the best example of the latter being the Georgetown Law Center adjunct who claims that the Constitution is unconstitutional, because following it will elect Donald Trump. My law alma mater isn’t faring too well in the train wreck: another professor, Paul Butler, argued that Supreme Court justices shouldn’t normally attack a President Elect, except when it’s Donald Trump.

Other academics have disgraced themselves. A prominent historian, for example, even resorted to making up history to provide an excuse for Democrats losing to such a horrible creature. Professor Larry Lessig of Harvard Law, who heads an ethics institute there, is encouraging electors to be “faithless,” as in “double-cross the voters who elected them.” Some ethics institute you have there, Harvard!

Artist, actors and show business professionals have debased themselves even more than usual, beginning with the Broadway cast of “Hamilton’s” breach of the Performer’s First Commandment: DON’T ABUSE THE AUDIENCE. They have even started turning on each other: Jon Voight, whose sin was that he expressed support for the man elected President, was booed at recent awards show by his fellow actors. Nice.

But as bad as this has been, I didn’t expect food critics to be corrupted. Continue reading

Unethical Quote Of The Month: Michelle Obama; Runner-Up: Her Husband

michelle-and-oprah

“We feel the difference now. See, now, we are feeling what not having hope feels like. Hope is necessary. It’s a necessary concept and Barack didn’t just talk about hope because he thought it was just a nice slogan to get votes. He and I and so many believe that — what else do you have if you don’t have hope,What do you give your kids if you can’t give them hope?”

First Lady Michelle Obama, in an interview with Oprah Winfrey broadcast last week.

I was going to ignore this unforgivable  statement, as there have been so many notable melt-downs from progressives and Democrats that if I commented on all of them it would be all freak-out, all the time on Ethics Alarms. However, the video really bothered me, and the timing of the remarks were so inappropriate—Let’s ask Syrians, who your husband decided to abandon in their desperation when he allowed his promise of a “red line” to  evaporate  as Assad turned his chemical weapons on them, how much hope they have, Mrs. Obama!—that I tried to think of any previous First Lady who so blatantly abused her role as a non-partisan symbol of stability and optimism for all Americans. There hasn’t been one. No First Lady, even the outspoken Barbara Bush or the activist Eleanor Roosevelt, has come close to declaring that hope was dead in America. It is especially irresponsible for a First Lady to talk like this as her husband leaves office. His predecessor was gracious, and the First Family owes its successor the same courtesy and respect. Continue reading

A “Peace On Earth, Good Will Toward Men” Ethics Quiz: The Bitter Propane Dealer

A Skowhegan, Maine Trump voter.

A Skowhegan, Maine Trump voter.

The quiz itself has little to do with the fact that Michael Turner is the kind of bad American, bad neighbor, bad community member and  jerk who makes Ebenezer Scrooge seem like a mensch, but ponder on his conduct anyway.  If you are one of the residents in Skowhegan, Maine   and you call Turner LP Gas in Skowhegan, Maine to buy propane to heat your home, you get this message from the owner:

“If you voted for Donald Trump for president, I will no longer be delivering your gas. Please find someone else.”

No, it’s not a hate crime, it’s just hate. It gets cold in Maine, and Skowhegan, like the rest of the state, has a lot of poor people among it’s 8500 or so residents. It also has many who are elderly and poor, for whom having to find another propane supplier may be not just inconvenient, but life-threatening. This is why we have public accommodation laws: To protect us, especially the vulnerable among us, from bigots and bullies like Michael Turner.

He is no different in his lack of decency and the void of ethical values in his soul than the racists who refused to allow black citizens to frequent their establishments before the Civil Rights Act, bridal shop owners who won’t sell wedding dresses to same-sex couples, and the innkeepers who turned away a pregnant woman and her husband long ago, on a night we celebrate soon.

Ethics Alarms has discussed this ugly phenomenon many times. The Bush administration tried to validate it by approving the so called “workers’ right of conscience, ” that permitted a wide variety of health care workers to refuse to administer treatments they found morally repugnant. President Obama, to his credit, restricted that wide-open door to division and bigotry, then allowed the rest of his years in office to exacerbate societal schisms to the point that we have large numbers of a political party trying to overturn a legal election while calling  Americans who dared to vote differently than they did racists, sexists and fascists.

A recent Ethics Alarms post titled, “Americans: End This Slippery Slope Now, Before It’s Too Late,” about a Washington, D.C. restaurant that publicly apologized for letting an alt-right group to eat there, asked,

Are all groups, families and individuals now going to be required to declare their political and ideological positions before being allowed to order a lasagna? What is an acceptable group? If there is a protest over a Black Lives Matter dinner,  will Maggiano’s apologize? If Mike Pence and his family eats there and the “Hamilton” cast protests, does that mean they will refuse to serve cannoli members of the Trump administration? Despite the fact that the protests came from progressives, the attack on the restaurant is totalitarian in substance.  What is being commanded is conformity of thought.

Ah, but the persecutors are the good guys, don’t you understand? They know they are right, so they can rationalize hurting anyone who isn’t like them. Michael Turner is this breed of citizen. I must admit, when I warned that electing Donald Trump would turn the U.S. into a nation of assholes, I didn’t anticipate that it would be assholes like Michael Turner.

There’s no quiz on this topic, for it is settled ethics that his practice of punishing neighbors for their political views stinks. No, the quiz involves the conduct of Turner’s customers:

Today’s Ethics Alarms Ethics Quiz is this…

If Turner required customers to state that they voted against Donald Trump in order to buy propane from him, would it be unethical for Trump voters to lie?

Continue reading

Unethical Quote Of The Week: Slate Legal Columnist Dahlia Lithwick and Law Professor David S. Cohen

if you think THAT's a distortion, just try looking as the Golden Rule in the mirror...

If you think THAT’s a distortion, just try looking as the Golden Rule in the mirror…

“If Mr. Trump had lost the Electoral College while winning the popular vote, an army of Republican lawyers would have descended on the courts and local election officials.”

—-Slate Editor Dahlia Lithwick and Drexel University law professor David S. Cohen in a NYT op-ed, “Buck Up, Democrats, and Fight Like Republicans.”

I love this quote! It is a pure example of one of the many invalid Golden Rule permutations that appear on the invaluable Ethics Alarms Rationalizations list under #58. The Golden Rule Mutation, or “I’m all right with it!” Among the blatant rationalizations disguised in Golden Rule cloaks are…

  • Do unto others as you know others would do unto you.
  • Do unto others what they did unto you.
  • Do unto others as you wish others would do unto you even though you wouldn’t deserve it.
  • Do unto others as those others treat others.
  • Do unto others as they threatened to do unto you.
  • Do unto others as others who think like you do would also do to those others.
  • Do unto others according to how you feel about what they did unto you.
  • Do unto others before they do it unto you.
  • Do unto me as you would want to have done unto you if you were as devoid of civilized values as I am.

As for #58, it translates into…

“Do unto others as if the others felt like I do, even though they may not.”

The possible variations are infinite, and every one of them is intellectually dishonest and unethical. It’s astounding, and depressing, that two lawyers, one an alleged analyst and the other a law professor, would endorse such an unethical proposition.  They do it because they are openly partisan and politically biased, and as we all should know by now if you’ve been paying attention here, bias makes you stupid.

The op-ed’s Golden Rule mutation is one I should add to the list, though it’s a bit long:

“Do unto others as you conveniently assume the others would do unto you, even though there is no evidence that they would.” Continue reading

Ethics Hero: Bill Gates

Funny, he doesn't LOOK evil...

Funny, he doesn’t LOOK evil...

Yes, it’s really this bad: a prominent liberal and Democrat qualifies as an Ethics Hero because he’s willing to give Donald Trump a chance.

Microsoft co-founder Bill Gates told CNBC this morning that after speaking with the President Elect, he believes that Donald Trump has an opportunity to establish “American leadership through innovation,” Trump’s fellow billionaire told  “Squawk Box”:

“A lot of his message has been about … where he sees things not as good as he’d like…But in the same way President Kennedy talked about the space mission and got the country behind that, I think whether it’s education or stopping epidemics … [or] in this energy space, there can be a very upbeat message that [Trump’s] administration [is] going to organize things, get rid of regulatory barriers, and have American leadership through innovation….Of course, my whole career has been along those lines. And he was interested in listening to that. And I’m sure there will be further conversation.”

What could possibly prompt Gates to keep his head while all around him are losing theirs and blaming it on Trump? I see six possibilities: Continue reading

Sen. Elizabeth Warren, Whitney Tilson, And Bigotry

warren2

The PPP Poll on Democrats’ 2020 preferences found that “Joe Biden leads the way for Democrats with 31% to 24% for Bernie Sanders, and 16% for Elizabeth Warren. They’re the only folks we tested with meaningful support for the nomination at this point.” Since Warren is the only one in that groups not eligible for Social Security, she’s at least the putative front-runner for the 2020 race against President Trump. That’s not bad entirely bad news for Democrats. Warren’s smart and passionate, and she’s a fiery speaker.  Unfortunately, she’s also a jerk and more important, a bigot.

Warren has been on an anti-Trump rampage for months, and an anti-Wall Street rampage forever.   She recently graced  Facebook with another anti-business rant to her nearly 2.5 million followers. In it, she condemned Whitney Tilson, who runs Kase Capital, calling him a “hedge fund billionaire” who is “thrilled by Donald Trump’s economic team of Wall Street insiders.” The Massachusetts Senator wrote, “Tilson knows that, despite all the stunts and rhetoric, Donald Trump isn’t going to change the economic system…The next four years are going to be a bonanza for the Whitney Tilsons of the world.”

This gratuitous attack was pure bigotry.  To bigots, what matters is what people are—blacks, whites, Jews, gays, men, women, Muslims, poor people, rich people, Democrats, Republicans. Also Trump voters, feminists, Christians, college students, bankers, and lawyers. Bigots assign unattractive, negative character traits to individuals based on neat categories they can be placed in, and their real beliefs, principles, and most important of all, acts don’t matter. Warren’s reference to “the Whitney Tilsons of the world” is the mark of a bigot. If you work on Wall Street, you are just like all the rest to her. Greedy. Corrupt. Bad.

The  hateful attitude from Warren is especially unfair in Tilson’s case. He was one few financial executives who publicly opposed Trump and supported Hillary Clinton. He is a lifelong Democrat, and he helped start the terrific volunteer teacher program Teach for America; he doesn’t just sit around counting his money.  (Warren, incidentally, is about as rich as he is.) Tilson was also  one of the very few Wall Street executives who  donated to Senator Warren’s campaign for the Senate. Tilson, like Warren, has supports tough regulations for his industry.  “I’m a fan of Dodd-Frank,” he said in a recent interview. ” I think banking should be boring…I worry about Wall Street returning to being a casino.” Continue reading

The Ethics Meltdown Of Elie Mystal Continues

Surprise! This isn't MY head exploding. It's Elie Mystal's!

Surprise! This isn’t MY head exploding. It’s Elie Mystal’s!

“Above the Law”‘s Elie Mystal has crossed over from being a provocative, if often emotion-driven and unprofessional, legal news analyst to being an Angry Black Man for whom law and justice is tangential. As Ethics Alarms covered here, Mystal already has proclaimed that the existence of a single intransigent juror who hung the jury in the Michael Slager trial proves that whites are incapable of race-blind justice. In his latest stage of racist fury, Mystal now wants black jurors to sabotage the justice system.

“Black people lucky enough to get on a jury could use that power to acquit any person charged with a crime against white men and white male institutions. It’s not about the race of the defendant, but if the alleged victim is a white guy, or his bank, or his position, or his authority: we could acquit. Assault? Acquit. Burglary? Acquit. Insider trading? Acquit.Murder? … what the hell do you think is happening to black people out here? What the hell do you think we’re complaining about when your cops shoot us or choke us? Acquit. Don’t throw “murder” at me like it’s some kind of moral fault line where the risk of letting one go is too great. Black people ARE BEING MURDERED, and the system isn’t doing a damn thing to hold their killers accountable. Sorry I’m not sorry if this protest idea would put the shoe on the other foot for a change.”

You can read the rest; it’s all like this. Mystal is bonkers. There’s no reasoning or fairness in his screed. He’s just fulminating, growling and slobbering like a rabid dog. It’s sad. Nobody can take anyone who expresses this kind of irrational hate as a response to frustration seriously. He’s not accurate, he’s not truthful, he’s not responsible. He has left law and logic so far behind he may never work his way back to them.

I’ll touch on just a few splashes of Mystal’s projectile hate-vomit: Continue reading

Remember California Attorney Mary Frances Prevost, Who Plagiarized Ethics Alarms? Guess What!

Yup, I saw THIS coming...

Yup, I saw THIS coming…

She’s been suspended.

For the third time.

Good.

To recap…Back in 2012, Mary Frances, who  describes herself on her website as “California’s Top Criminal & DUI Attorney,” posted an essay allegedly authored by her called  “The Trayvon Martin Case Trainwreck: George Zimmerman’s Attorneys Need To Shut Up!”

Oddly, it was posted the same day and shortly after my Ethics Alarms post, “Next To Board The Trayvon Martin Ethics Train Wreck? Why, The Lawyers, Of Course!”

Mary Frances’s was almost word for word the same post, plus some original material at the end. She had ripped me off. She hadn’t even tried to disguise it. This is called stealing, and I believe, shows that an individual lacks the honesty and trustworthiness to practice law.

I took three deep breaths, wrote a post about her plagiarism, e-mailed Prevost and required four things. First, an explanation if she had one; then an apology, a retraction, and proper credit. I didn’t demand damages, as I could have.

Mary Frances’s response was astounding. She didn’t have the courtesy to respond to my e-mail, but went on Facebook to accuse me of plagiarizing her, a neat trick, since my post pre-dated hers. Then she insulted me repeatedly, apparently unaware of how hypocritical it is to claim another lawyer is lacking in legal analysis skills and writing ability when you just published his essay as your own. I posted her whole rant here; it is deranged, making it especially funny that she accused me of being “off my meds.”

The Facebook post was defamation per se: malicious, and deliberately false. I contacted a California attorney, who agreed it was defamation, but said that based on her reputation, he felt it would  not be worth the money, the trouble or all the attacks she was capable of to go to war with her. He also dissuaded me from filing an ethics complaint, saying that unlike some states, California frowns on ethics complaints when there are grounds for lawsuits, and also tends to discount complaints from non-California lawyers.

“Just wait,” he said. “She’ll get hers. Lawyers like this almost always do.” Continue reading