Category Archives: Citizenship

Reminder: Hateful Racist Mass Murderers Have The Same Rights You Do

Dylann Roof, the white supremacist sentenced to death after killing nine black church members as an attempt to start a race war, asked a court to replace his appointed appellate lawyers because they “are my political and biological enemies.” The Richmond, Virginia-based 4th U.S. Circuit Court of Appeals denied his request.

Roof’s pro se motion stated that his lawyers, Alexandra Yates and Sapna Mirchandani, “are Jewish and Indian, respectively. It is therefore quite literally impossible that they and I could have the same interests relating to my case.”  Roof had difficulties on the same basis with his court-appointed lawyer, David Bruck, during his trial. The murderer wrote  in his motion that Bruck is Jewish and “his ethnicity was a constant source of conflict even with my constant efforts to look past it.”

I have been shocked at the reaction of the legal profession, the news media and the public to the 4th Circuit’s ruling. It really does appear that all the education in the world, ethics rules, principles and the Constitution will still be steamrolled by hate and emotion, even when crucial, indeed existential values for our society are at stake. My trust and respect for all professions—all of them—have been grievously reduced by their conduct and ethics blindness over that past several months. No wonder the First Amendment is under attack. No wonder our institutions are being weakened to the point of collapse.

The public literally  not understand the principle I am going to explain now. Apparently naively, I thought lawyers, judges and law professors did. In the interest of clarity, I am going to do this in short, straightforward segments.

I. The Court’s ruling is not just wrong, but frighteningly wrong.

Roof, like all citizens accused of a crime, has a right to a competent, zealous legal defense. A  competent, zealous legal defense requires that the defendant be able to participate fully in that defense. If a defendant does not or cannot trust his lawyers, he cannot be assured of a competent, zealous legal defense.

II. A client has to trust his lawyer.

It doesn’t matter why a client doesn’t trust his lawyer, and the lawyer need not agree that the lack of trust is warranted. The question is whether a lawyer who is not trusted by his client can do an adequate job representing him. The answer is no. The Sixth Amendment, which guarantees a fair trial and legal representation in criminal cases, is not there for the lawyers, or courts, or government. It exits to protect the accused—all accused.

In a famous medical ethics case, an elderly Korean man in a hospital wanted his doctors, specialists in his malady, replaced because they were Japanese-Americans, and as a survivor of the horrors Japan inflicted on Korea, he was convinced that they would kill him. The hospital ethics committee held that he was an irrational bigot, and that he either had to accept the qualified physicians despite their race, or get out. The AMA disagreed. It said that the patient’s welfare is paramount in medical ethics, and a patient who does not trust his doctors—the reason doesn’t matter—will have his welfare and health endangered as a result.

The same principle should apply to Roof. A client who does not trust his lawyer will not, for example, be candid with him, or trust him to keep confidences.

Under the circumstances Roof described, the lawyers have an ethical obligation to withdraw. Two rules are involved:

Client-Lawyer Relationship
Rule 1.7 Conflict Of Interest: Current Clients

(a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if:

(1) the representation of one client will be directly adverse to another client; or

(2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer’s responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.

(b) Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if:

(1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client;

(2) the representation is not prohibited by law;

(3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and

(4) each affected client gives informed consent, confirmed in writing. Continue reading

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Filed under "bias makes you stupid", Citizenship, Ethics Alarms Award Nominee, Government & Politics, Journalism & Media, Law & Law Enforcement, Professions, Race, Rights, U.S. Society

The Kid Mowing The White House Lawn

Sure it’s a political stunt, but it’s a nice stunt. In the long tradition of Presidents responding to letters and news stories involving children, this is one of the better ones. It is certainly better than the last example, President Obama making a hero out of “Clock Boy,” a kid who was seemingly being used as a propaganda tool by his Muslim activist father.

Frank Giaccio, of Falls Church, Virginia., had written to Trump earlier this year, saying it would be his “honor” to “mow the White House lawn some weekend for you.”  In the letter that White House press secretary Sarah Huckabee Sanders read the letter at a press briefing last month, Giaccio wrote that he would cut the grass “at no charge.”

Any President with two brain cells to rub together would take up an offer like that and have photographers ready when the kid came to work. Sure enough, a throng was on hand as Frank was seen mowing in the Rose Garden after the White House invited him to spend the morning alongside the groundskeeper at 1600 Pennsylvania Ave. Diligent to a fault, he initially wouldn’t even stop mowing when the President spoke to him. Finally, he paused long enough to shake President trump’s hand.

Lessons? The President was humanized: he didn’t try to eat him.  The episode shows that America’s youth are still industrious and ready to work. It shows that patriotism lives. It shows that the rising generation is full of normal kids that love America, at least until they have been indoctrinated otherwise by high school and college teachers, and popular culture. Who could possibly object to this heart-warming scene? Continue reading

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Filed under "bias makes you stupid", Business & Commercial, Character, Childhood and children, Citizenship, Ethics Alarms Award Nominee, Ethics Dunces, Ethics Train Wrecks, Government & Politics, Journalism & Media, Social Media, This Helps Explain Why Trump Is President, Workplace

Morning Ethics Warm-Up, 9/19/17: Pelosi Asked For It And Got It, Hillary Is A Disgrace, The Unabomber Was Right…And The Importance Of Caring

Good Morning!

1 Red Sox colors. I sometimes feel guilty about the fact that since I was 12, the fate of the Boston baseball team has been able to elevate or undermine my view of the day, existence  and the cosmos regardless of what other far more objectively important and significant events have occurred within my family, in my life, or to nation or the world. It is because I care, as writer Roger Angell once wrote in his New Yorker essay “Agincourt and After” (I know I have quoted it before), and caring itself has importance, whatever the object of it…

“It is foolish and childish, on the face of it, to affiliate ourselves with anything so insignificant and patently contrived and commercially exploitive as a professional sports team, and the amused superiority and icy scorn that the non-fan directs at the sports nut (I know this look — I know it by heart) is understandable and almost unanswerable. Almost. What is left out of this calculation, it seems to me, is the business of caring — caring deeply and passionately, really caring — which is a capacity or an emotion that has almost gone out of our lives. And so it seems possible that we have come to a time when it no longer matters so much what the caring is about, how frail or foolish is the object of that concern, as long as the feeling itself can be saved. Naivete — the infantile and ignoble joy that sends a grown man or woman to dancing and shouting with joy in the middle of the night over the haphazardous flight of a distant ball — seems a small price to pay for such a gift.”

2. This video is almost res ipsa loquitur for its ethical content:

Almost.

There you have it: proof positive of the slippery slope the sloppily sentimental, irresponsible support for “Dreamers” polishes to a fine sheen. The illegal immigration, open borders and anti-U.S. sovereignty activists won’t be satisfied, because they really think they have a right to just take U.S. citizenship irrespective of our laws. They will also call anyone who opposes that assertion “racist.” They are so deluded, moreover, that they don’t realize how much a display like the one above damages their unethical cause. I heard some commentators say the episode made them feel sorry for Pelosi. Sorry for her? Her demagoguery and her  party’s dishonesty and cynicism on this issue is what created that mob.

This was what George Will calls “condign justice.” Continue reading

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Filed under Business & Commercial, Character, Childhood and children, Citizenship, Ethics Alarms Award Nominee, Ethics Dunces, Family, Government & Politics, Law & Law Enforcement, Rights, Science & Technology, Sports, This Helps Explain Why Trump Is President

That Settles It: Time To Clean House At UC Berkeley

An unacceptable percentage of the University of California at Berkeley are more committed to ideological indoctrination and political conformity that they are to American values and education. They need to be cleared out, as do their compatriots in other universities. They pose an existential threat to our democracy, and cannot be entrusted with the education of young minds, which should involve opening, not closing them.

The letter posted by 200 Berkeley faculty members calls for a boycott of all classes and a shutdown of the campus because on “Free speech day,” three conservative speakers will dare to express their blasphemy in a progressive stronghold. The Horror.

In addition to being a per se violation of the principles of a liberal arts education, the duty to give students exposure to as many ideas and views as possible, academic freedom and freedom of expression, the letter is intellectually dishonest. There is no organization known as “alt-right”; it is a description used to marginalize and discredit all conservatives by lumping them in with extremists, racists, white supremacists and neo-fascists. It’s a popular and effective tactic these days on the Left, similar to the Southern Poverty Law Center’s unethical tactic of designating churches that oppose same-sex marriage “hate groups” alongside the KKK. Ann Coulter, one of the conservative speakers who apparently maims with her words, is just a conservative, albeit an especially obnoxious and cynical one. Yet this execrable letter cites as proof that she and her fellow speakers are dangerous a cherry-picked list of isolated and unrelated incidents, none of which are connected to a single group. The exact same technique could be used, and has been used, to argue that all Muslims are dangerous. Moreover, the faculty is implying that those who would listen to Ann Coulter, Steve Bannon, and the professional conservative troll Milo Yiannppoulis, including students,  are too dangerous to co-exist with “good students.” Why? It’s not because one crazy ran his car into a crowd in Charlottesville. It’s because the faculty members believe extreme conservative ideas are too “dangerous” to allow to be expressed.

I wouldn’t move from my dining room to my living room to hear any of those speakers. Calling them dangerous, however, is an excuse to silence them and intimidate others. Continue reading

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Filed under Character, Citizenship, Education, Ethics Alarms Award Nominee, Ethics Dunces, Research and Scholarship, This Helps Explain Why Trump Is President

Portrait Of An Ethics Train Wreck:The Race-Bating ESPN Commentator

The recent still-rolling ethics train wreck launched by ESPN “SportsCenter” co-host Jemele Hill is a perfect example of how such cultural fiascos occur.

Hill, a young African American woman, went on a Twitter rant against President Trump  this week.

“Trump is the most ignorant, offensive president of my lifetime,” Hill tweeted Monday night. “His rise is a direct result of white supremacy. Period. He is unqualified and unfit to be president. He is not a leader. And if he were not white, he never would have been elected.”

Factors, Stage I:  The Instigator

A. An ethics alarms doesn’t  ring.

Why in the world would Hill think that the face of a national broadcast network could publicly call the President of the United States a white supremacist without causing a problem for her employer? The key ethics values being breached  are trust and responsibility. She has a responsibility to ESPN, which should be able to trust her not to harm it or upset viewers.

B. An instigator has an inflated view of his or her own importance, indispensability, wisdom, expertise or authority.

We are living in an age where narcissism is epidemic, but even so, a sports anchor has to be able to comprehend that once he or she is outside the realm of sports, her opinion on the President or anyone else cannot possibly have a positive effect on public discourse unless it is carefully crafted, thought out, and expressed.

The key ethics values being breached are competence and  humility.

C. Social media.

Any public figure, including TV personalities, should not use social media until they recognize that a flamboyant post is the equivalent of a press release. Attacking the President, especially in personal terms, is stupid, even when the attack itself isn’t as stupid as Hill’s. (Uh,  Jemele ?  President Obama would never have gotten to within a baseball throw (remember, we saw him throw a baseball) of the White House, or even the nomination, if he were not black. Before him, no candidate, successful or not, for President would have been elected if wasn’t white, or male for that matter. Or Jewish. The accusation if Trump were  “not white, he never would have been elected” is really, really stupid.

The key ethics value being breached is competence.

D. Corrupting cultural influences.

Too many of Hill’s likely peer groups and those around her have, since last November 8, engaged in nearly continuous disrespect of the President’s person, his office, and the process that elected him. This continues to be divisive, destructive, and dangerous for the nation. It is wrong. The culture is giving her terrible role models, like Maxine Waters, celebrities on Hollywood award shows, and Stephen Colbert, who, for example, thought that it was a appropriate and hilarious to repeatedly give the “Heil!” salute on his show as an insult to the President. CBS (unethically) lets him get away with this kind of thing, because it embraces the Star Syndrome, or the King’s Pass, rather than ethical principles.

The key ethics value being breached is citizenship.  Hill has been misled into thinking that amplified hateful conduct and rhetoric toward a President is appropriate conduct for any U.S. citizen. it isn’t. It is even more inappropriate for prominent Americans in the media.

Stage Two: Failed Containment

ESPN’s response was this: “The comments on Twitter from Jemele Hill regarding the President do not represent the position of ESPN. We have addressed this with Jemele and she recognizes her actions were inappropriate.”

This made the problem worse. Why? Because ESPN had, more than once, suspended or fired prominent personnel for far less “inappropriate” public comments than what Hill said. Thus it appeared to shrug off a personal attack on the President, including accusations of racism.

Factors, Stage Two

A. Inept Ethics Chess

How could ESPN, already under fire for politicizing its sports reporting (and losing viewers as a result) not realize that an ethics train wreck was starting to roll, and that it could either stop it, or accelerate it? Hill had made sure that no matter what it did, it would be attacked, but no valid attacks would land if it said, “As we have in the past when on-air personnel have made inflammatory statements about public figures and issues unrelated to sports, ESPN has suspended Jamele Hill for her comments about President Trump.”

The key ethics values being breached are  competence and fairness.

B. Bias makes you stupid.

ESPN and its parent company Disney is largely run and populated by Democrats, progressives and liberals who detest President Trump, and thus have their values paralyzed by bias in everything related to him. Echo chamber or no, they should recognize this by now, and adjust accordingly. Everyone has to recognize the biases that lead to bad decision-making. In addition, one is in immediate peril of unethical conduct when one refused to respect the choices and views of fellow citizens, especially when you purport to provide services and products to all

The key ethics values being breached are trust, competence and fairness.

C. Unethical messaging

As a business, employer and a prominent presence in the culture, ESPN has an obligation to send clear, positive, responsible messages to its employees, audience and the public at large. Ugh. Here are some of the messages a reasonable person could derive from the networks bland reaction to Hill’s rant:

If you are female and black, you can pretty much get away with saying controversial stuff that a white man can’t. (See: Curt Schilling)

ESPN thinks the President and half the population and probably more than half its audience is racist, but would prefer employees not broadcast that fact, because it is inappropriate.

ESPN hires self-righteous political grandstanders rather than competent sports commentators.

ESPN has double standards.

ESPN has no standards.

ESPN is run by a confederacy of gerbils.

Here is the message that ESPN, if it were responsible, trustworthy, fair and competent while respecting its viewers, should have sent with whatever action it chose to take regarding Hill: Continue reading

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Comment Of The Day: “Morning Ethics Warm-Up, 9/12/17: Hurricane Reports, And Poor Charles M. Blow Needs A Vacation”

G.K. Chesterton (above), perspective, and most of all, optimism: Ryan Harkins’ Comment of the Day, prompted by the post Morning Ethics Warm-Up, 9/12/17: Hurricane Reports, And Poor Charles M. Blow Needs A Vacation, (about NYT columnist Charles Blow—the idiot– declaring today’s USA “Hell on Earth”)  has all of these, and wisdom too.

Here it is:

Okay, I tried to read the article, and I made it no further than Blow describing Trump’s America as the ninth circle of hell. When one strikes that level of hyperbole, it eradicates any credibility one might have possessed.

One of the greatest counters to depression and despair is an attitude of gratitude, something I truly see lacking in anything coming from the left. We have a great nation. We have great opportunities, and we have a culture that truly seeks – if sometimes in very strange, even damaging ways — to right wrongs and make life as fair as possible. If you look around the world, and if you look at just about any culture that existed since the dawn of history, you won’t find any people who have been so richly blessed as those in our country today. This is especially true when you consider the stability our nation has, and its lack of credible enemies that pose any existential threat to our nation. We can go about life assured that tomorrow will indeed be much like today.

Even in the face of hurricanes, we have much for which to be grateful. We have incredible technology that gives us quite a bit of advanced warning that the storms were coming. We have minimized death tolls in the face of these natural disasters, and we have a government willing to pour billions of dollars into rebuilding communities destroyed by the hurricanes. We have seen an incredible outpouring of generosity from the nation at large to help the hurricane victims (the Knights of Columbus alone raised $1.3 million). Yes, the devastation is traumatic, and yes people have lost livelihoods, all their possessions, and even family members. But this strikes against one very important aspect of life. Continue reading

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Morning Ethics Warm-Up, 9/12/17: Hurricane Reports, And Poor Charles M. Blow Needs A Vacation

Good morning.

1 There is supposedly a controversy regarding the on-the-spot hurricane reports: is it ethical for networks and news stations to place reporters and camera operators in mortal peril by having them scream into a mic while being buffeted by wind, rain and debris?

What’s the controversy? Of course it’s unethical. In addition to sending ridiculously mixed and self-contradictory messages—“I’m standing here in the storm telling citizens in the area that they shouldn’t be in the middle of this storm!”—it is also bad Ethics Chess. This stunt will continue until the first reporter is blown into a wall and sustains permanent brain damage, or is injured by a flying piece of debris that impales her, maims her, or cuts her in half. It is entirely predictable that this will happen eventually, and once it does, reporters will stop doing it. Why not stop this before a the inevitable tragedy occurs?

TV stations do it for ratings, that’s all. It’s great visual programming. It’s not necessary. Half the time, we can’t make out what the reporter is screaming, and what they are screaming is redundant and stating the obvious.

Apparently the first reporter to do this was Dan Rather.

Figures.

2. What is the mission of a pundit, a talking head, a columnist? It has to be—don’t you think?—to enlighten readers, to convey a constructive, useful analysis of complex issues, to reliably filter facts and controversies through a unique view-point without so completely tainting his or her output with bias that it actively misleads.

Yesterday New York Times columnist Charles Blow issued a column titled “Soul Survival in Trump’s Hell on Earth.” This was the apotheosis of the kinds of columns Blow has been writing almost exclusively now for months; at least I hope it’s that, for I can’t imagine where he goes from here. This column, like the others, is nothing, literally nothing, but a nearly fact free exposition on the theme, “I hate the President. I really do. I do so, so much. I know you do too, and if you don’t, I hate you too. ARRRGGGGHHH!”

The headline isn’t hyperbole; Blow, if he is to believed, really thinks Americans are living in Hell because Donald Trump is President. Not because there is a Great Depression hovering over the land, not because we are embroiled in a Civil War, or the existential threat of a world war, or the daily threat of an  international stand-off igniting into world-wide thermonuclear obliteration, but because a President was elected that offends the ideological and partisan sensitivities of Charles M. Blow.

Hell.

Seriously.

How can the New York Times continue to justify publishing the weekly primal screams of this pompous, doctrinaire, and now apparently deranged pundit? Exaggerating problems and pronouncing that we are all but doomed is not a service. It is harmful. The only readers who will be persuaded by a column like this are the ones who decide that something has to be done and that it’s time to build that bomb. Moreover, when a pundit reaches the stage that Blow has, where the simple act of a government not agreeing with his views and enacting policies that he does not favor launches him into hysteria, that pundit needs a vacation. Or maybe another career.

What are Blow’s arguments that justify his diagnosis that the United States is now Hell on Earth? Is it that a major party and its supporters have set out deliberately to undermine American institutions by rejecting a national election, seeking to remove an elected President by non-electoral means? Is it that the  international fumblings and ditherings of the previous administration are, as predicted, resulting in increased threats to the United States and the rest of the world? Is it that American journalism and its uniquely free news media, beyond question the app that makes democracy function, has now become, by its own abuses, so completely politicized and untrustworthy that it has become a threat to the nation, rather than its watchdog?

Nah, none of this appears to bother Blow at all; as far as I can detect, he approves of all of it. Here is his Bill of Biased Generalities that add up to Hell on Earth: Continue reading

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