It Is With Great Reluctance That Ethics Alarms Concludes That As Generally Repugnant And Vulgar The Term “Asshole” Is, Mayor Pete Buttigieg Is One.

If this was just disgraceful pandering, grandstanding, and shameless virtue-signaling, he would only  have proven himself to be a jerk—a big jerk, to be sure,  but still just a jerk. But it is far more.

The new fad contender for the Democratic Presidential nomination is returning thousands of dollars in donations because they came from two lawyers who had the audacity to represent Supreme Court nominee Brett Kavanaugh as he attempted to defend himself against the contrived  ambush accusation of a sex crime, made in a Congressional hearing  on national television, a ploy designed to destroy his reputation. Buttigieg’s campaign said that it will not accept funds from people who helped secure the justice’s seat on the Supreme Court. You know. Dirty money.

Buttigieg’s campaign had received $7,200 from Alexandra Walsh, and $2,800 from Beth Wilkinson, Walsh’s law partner. Both represented Kavanaugh during his Senate confirmation ordeal. As I have vowed to point out every time some ignoramus asserts that lawyesr must be punished for the character, conduct or beliefs of the clients they represent and are responsible or culpable in any way for what those clients have said or done (or NOT done), it is a core and essential principle of our legal system that such an assumption is not only wrong but dangerous. It threatens the right of every citizen to receive competent legal representation and access to our laws and other rights.

Here, once again, is my favorite ethics rule, from the ABA Model Rules of Professional Conduct:

(b) A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social or moral views or activities.

Whether the target is Hillary Clinton, Ted Cruz, Elizabeth Warren, Harvey Weinstein’s defense attorneys (also here), Larry Tribe, Gitmo defense lawyers, or Clarence Darrow, Johnny Cochran, Leslie Abramson and other defense lawyers who defend murderers and worse, the false claim that lawyers who take on unpopular, repulsive or guilty clients have done anything less than protected  the Bill of Rights and the rule of law is either rank ignorance or a deliberate effort to reduce the civic literacy of the public.

Buttigieg isn’t a lawyer, but he is very well educated and has a reasonable claim to brilliance.  Thus he knows and understands what lawyers do, but is acting as if he does not, intentionally making the public stupid (or keeping it conveniently as stupid as it already is ) for his own benefit.

Despicable.

But that’s not all. Continue reading →

Here’s A “War On Christmas” Angle I Was Not Aware Of….The War On Hannukah

In Portsmith, New Hampshire,  the UNH & Seacoast Chabad Jewish Center requested that a 9-foot  menorah be placed in Portsmouth’s Market Square during the eight days of Hanukkah this December (22nd-30th). Blogger Jeff Dunitz, whose platform is the excellent blog, The Lid, darkly predicts that Portsmith will soon be headed to “Fesivus” like neighboring Durham, which has banned the tree-lighting ceremony (yes, it’s a “holiday tree”) as well as the wreaths thatthe town had previously displayed on town light poles.  The town council appareently feared that they were too much of a Christmas reference. Town manager Todd Selig said the town might agree to hang something from the poles, “non-descript star,” to “add light and festivus” to the season.

Dunitz is offended by something else. Continue reading →

Evening Ethics Update, 11/7/2019: Dr. King Is Un-honored, Virginian Republicans Are Non-Functional, Fox News Is Pro-Darkness, And Joy Behar Is Still An Idiot [CORRECTED]

Good evening…

1 . The progressive deterioration of the ridiculous Joy Behar. It’s clear the stress of engaging in issue debates for which she lacks the temperament, the education or the necessary data is stressing out Joy. On today’s edition of The View, some studio audience members who hadn’t received the memo that they were expected to only endorse the “views” of  the correct side of the political spectrum applauded guests Donald Trump Jr. and Kimberly Guilfoyle as they supported the President. Behar snapped at them, “This is not a MAGA rally!”  In such places there may be technically free speech, just not free non-conforming speech without abuse.

2. This makes no sense at all, nor is it ethical. Eric Ciaramella is the so-called whistle-blower who gave Rep. Adam Schiff the wisp of an excuse he needed to manufacture Plan S for removing the President, the supposed “quid pro quo” deal to make the Ukraine look for “dirt” on Joe Biden and his son. Lots of sources have published this—heck, I have—and no one has credibly denied it. In schoolyard terms, the cat is out of the bag. Nor is it in any way illegal for a news organization to publish what is increasingly public information. Okay, say he’s the “alleged” whistleblower.

Nonetheless, a Fox News executive sent out an email ordering Fox personnel, including hosts like Sean Hannity and Laura Ingraham, not to mention the name on the air because the network “had not confirmed it.”

Fox News, as you know, is always so careful about the accuracy of what its talking heads say.

Fox News media ethics watchdog Howard Kurtz defended not releasing the name of the whistleblower, saying it would send a “chilling message” to whistleblowers in the future. What “chilling message?” That if you decide to fulfill your partisan goals and help your pals by trying to bring down a President with rumors and hearsay, you should have the guts to do it publicly and accept the consequences? It’s not the news media’s job to make things easy for whistleblowers, and it is especially not their job to pretend that information already being publicized is a mystery.

The background and professional connections of this “whistleblower”—he’s really a leaker—are relevant to his credibility and the legitimacy of the current impeachment push. The public has a right to know, and democracy dies in darkness. Continue reading →

Thoughts Upon Reading The Comments To The Recent “Conscience Clause” Post

The comments on the recent post regarding the so-called conscience rule being voided in court generated the comments the topic always does. What follows is a relatively short, general post to frame the issues as clearly as possible.  Admittedly, when a post is titled “When Law and Ethics Converge,” perhaps I shouldn’t have to explicate with a post focusing on the difference between law and ethics. I strongly believe that conscience clauses undermine the law, and are unethical, as you will see.

Law and Ethics are not the buddies people think they are, or wish they were. If you look around Ethics Alarms, you see why. Ethics, as the  process by which we decide and learn what is good and right conduct, evolves with time and experience. A predictable cut of a society’s ethics are always going to be a matter of intense debate. Ethics are self-enforcing, for the most part and by nature, because being ethical should make us feel good.  Once an authority or power starts demanding conduct and enforcing  conformity, we are mostly out of the realm of ethics and into morality, where conduct is dictated by a central overseer that, if it is to have genuine authority, must be voluntarily accepted by those subject to its power.

Society cannot function on ethics alone. Without laws, chaos and anarchy result. Because chaos and anarchy are bad for everyone, no individual who has accepted the social compact may decide which laws he or she will follow and which he or she will defy—at least, not without paying a price, which is society’s punishment. In ethical terms, this is a utilitarian calculation: we accept laws that individually we may find repugnant, because allowing citizens to pick and choose which laws they will obey as a matter of “conscience” doesn’t work and has never worked. Ethics pays attention to history.

Thus it is ethical to obey the law, and unethical not to,  even if good arguments can be made that particular laws are themselves unethical. This is where civil disobedience comes in: if a citizen chooses to violate a law on a the basis of that citizen’s conscience or principle, the citizen also has to accept the legal consequences of doing so as an obligation of citizenship. Continue reading →

When Law And Ethics Converge: Goodbye To The Trump Administration’s Unconstitutional and Unethical “Conscience Clause”

Today’s decision by U.S. District Judge Paul Engelmayer, voiding the Trump administration’s “conscience rule” that resuscitated the Bush Administration’s similar rule, is right on the law, and, more important for this blog, right on ethics. The Trump version, which was yet to go into effect,  allowed health-care providers to refuse to participate in abortions, sterilizations or other types of care they if they disagreed with them on religious or moral grounds.

It was an invitation to open-ended discrimination, and as objectionable in principle as allowing public accommodations to refuse to serve Jews, blacks or gays. This topic has been thoroughly explored on Ethics Alarms over the years, and I don’t have anything much new to say. In fact, perusing my various essays on the topic, my favorite is one that is so old, it was on the Ethics Alarms predecessor the Ethics Scoreboard (on which I am slowly making progress in my efforts to get it back online) and mentions Paris Hilton, working at Blockbuster, and an earlier incarnation of Colin Kaepernick in the NBA.

I wrote, in 2005, Continue reading →

Unethical Quote Of The Month (And STUPID Beyond Belief, As Usual): Joy Behar Of ABC’s “The View”

(Bear with me: This video will be relevant by the end, I promise..)

“If you’re going to take people’s guns away, wait until you get elected — then take the guns away. Don’t tell them ahead of time.”

“The View’s” panelist Joy Behar, commenting on Beto O’Rourke’s exit from the Democratic presidential nomination race after announcing that he advocated the confiscation of semi-automatic weapons.

I don’t even watch “The View,” and Joy Behar’s ignorant and strident vocal abuses of law, ethics and logic have still made it into many Ethics Alarms posts. Imagine if I actually watched the show regularly. The woman is astoundingly ignorant, and celebrates it, issuing loud and emphatic opinions that would be argued down in a competent 7th grade class (if there are such things), yet ABC gives her a public platform that is only responsibly reserved for, if not brilliant and knowledgeable pundits, at least ones that could win a game of Scrabble with a Dachshund puppy.

You know what her last featured howler was on Ethics Alarms? This: she asked, in reference to a President Trump tweet mocking Rep. Omar, “Why can’t he be brought up on charges of hate speech?Why can’t he be sued by the ACLU for hate speech? I don’t get it. How does he get away with this?”

Why? WHY, you incredibly ill-informed woman? Because there is no such crime as “hate speech.” Because the ACLU defends free speech, it doesn’t sue people for what they say. You don’t get it because you’re the most illiterate, ignorant pundit on television, maybe on television since its inception. He gets away with this because it’s the United States, and we have a Bill of Rights. Or as the late Sam Kinison would say,

This latest must be my favorite Joy cretinism. See, she’s a typical progressive totalitarian as well as a dolt. The way to get your agenda enacted is to lie to the public so they vote you into office based on false pretenses!  Sure, that’s the ticket! And not just any agenda, either—this isn’t like Barack Obama promising to be a unifying President who favored neither black not white. No, Joy wants candidates who plan on gutting individual rights to lie about their plans so citizens will go to the polls like lambs to the slaughter. Usually it’s villains that TV shows trying this trick, monsters like Hitler and Sideshow Bob. The View has a permanent panelist who endorses that route to power, openly, proudly.

She better watch out: Democrats don’t want her spilling the beans like that,

Of course, the strategy is impossible. To begin with it’s unconstitutional, but naturally Joy, having slept through school, doesn’t know this. Second, eventually people would find out that Beto’s Brownshirts were going door to door, and the results would not be pretty. These are just details, however: Joy just says whatever flotsam and jetsom  flots into her cranium, and does her level best to make View viewers as brick-stupid as she is.  Here are some other Joy highlights from past posts:

Speaking of Joe Biden’s habitual groping: “It’s a long way from smelling your hair to grabbing your hoo-ha… I don’t think it rises to the point we’ve been listening to like Harvey Weinstein and the rest of these people”

Justifying Democrats  manufacturing imaginary offenses by the President: “Because we’re desperate to get Trump out of office. That’s why.”

Explaining how the GOP can control the Senate when more votes were cast for Democrats in the House: “Because of gerrymandering!”

On the Senate Judiciary Committee in the Kavanaugh hearings: “These white men, old by the way, are not protecting women… They’re protecting a man who is probably guilty.”

Responding to Alan Dershowitz’s  criticism of Mitch Mconnell blocking the Merrick Garland nomination: “Well then how come Mitch McConnell is not in jail? That’s what I want to know.”

There are many more. Now, Joy has a right to be stupid, but she does not have a right to have a major network facilitating her making the public stupid. As I wrote here, I don’t advocate her being forced off the air by boycotts, in the manner that so-called liberals have tried to silence Rush Limbaugh, Sean Hannity, Laura Ingraham and Tucker Carlson. That’s censorship; that’s the Left’s MO in 2019. However, it is irresponsible for any network to package the clueless opinions of a woman with the intellect of a Pet Rock for public consumption. It’s like selling tainted food, or a car that keeps breaking down.

It is broadcast malpractice. She should be fired. She should have been fired years ago.

I even wrote a song about it. Sing the words to the music of “How do you solve a problem like Maria?”(from “The Sound of Music”) in the video above. I skipped the intro: it starts with the main theme.

Can’t The View Fire an Idiot Like Joy Behar?

Can’t the View fire an idiot like Joy Behar?

Why can’t they put that loudmouth in her place?

The View should protect the public from her nonsense

And wipe that smug expression off her face.

Many a thing you know they’d like to tell her

There is so much she doesn’t understand

But how can they make her read

Or research before a screed

You might as well try to lift a baby grand…

Oh, how do you fix an idiot like Joy Behar?

When will this moron finally be canned?

She is constantly confused

Ill-informed and so bemused

Hasn’t read the Constitution even once…

She’s predictable I guess

Since her values are a mess

She’s not clever! She’s not funny! She’s a dunce!

But Joy’s certain she is smart

And with gusto plays the part

Of the brave progressive warrior at work

Confrontational and loud,

She’s intolerant and proud

She’s embarrassing…let’s face it,

She’s a jerk.

Can’t the View fire an idiot like Joy Behar?

Why do they want to make their viewers dumb?

It’s so perverse inflicting her like they are…

Her opinions are like a drug that makes brains numb.

Many a thing you know you’d like to tell her

Millions of things she doesn’t know and more

But how do you make her stay

And listen to what you say

When her IQ is stuck at eighty-four?

Why can’t they fire an idiot like Joy Behar?

 Why won’t they show that imbecile the door?

__________________________

Pointer: Steve Witherspoon

Ethics Warm-Up, 11/5/2019: A Whistleblower’s Biases, A Technology’s Risks, And A Thinking Actor’s Values

Hi!

1. So now we know…The mysterious “whistleblower” is almost certainly Eric Ciaramella,  a CIA analyst, former National Security Council staffer,  and  a career intelligence officer.who has served in both the Obama and Trump administrations. It would have been nice and reassuring if he were not so strongly tied to the Dark Side, meaning the Democrats and various “resistance” figures, but he is. That doesn’t mean he had an agenda, but somehow all of the leakers and rebels who have been instrumental in keeping the Left’s coup fires burning have aspects of their backgrounds that justify skepticism.

From the generally useful and fair article about in Heavy:

Ciaramella has worked for the Central Intelligence Agency for several years and was assigned to the White House during the end of the Obama administration. He worked closely with Biden in his role as an expert on Ukraine. Ciaramella also has ties to Sean Misko, a former NSC co-worker who now works for Representative Adam Schiff and the Intelligence Committee. According to The New York Times, the whistleblower first went to a CIA lawyer and then to an unnamed Schiff aide before filing the whistleblower complaint. The aide told the whistleblower to follow the formal process, but conveyed some of the information he learned from him to Schiff, without revealing his name, The Times reported.

“Like other whistle-blowers have done before and since under Republican and Democratic-controlled committees, the whistle-blower contacted the committee for guidance on how to report possible wrongdoing within the jurisdiction of the intelligence community,” said Patrick Boland, a spokesman for Schiff, told The Times.

The whistleblower’s ties to Democrats, including Biden, Schiff, former CIA Director John Brennan, former Director of Intelligence James Clapper and former National Security Adviser Susan Rice, have created controversy, with Trump and Republicans using his past work with them in an attempt to discredit him.

I did say generally fair. The fact that this guy who created the path to the latest impeachment excuse just happens to be a Democrat with connections to a veritable nest of anti-Trump zealots does and should discredit his objectivity to some extent. An “attempt” shouldn’t be necessary.

2.  Geewhatasurprise…. From the MIT Technology Review:

A study published today in JAMA Pediatrics warns that kids’ literacy and language skills suffer with screen use, and MRI scans of their brains appear to back up the findings…. Forty-seven 3- to 5-year-olds took a test to measure their cognitive abilities, and their parents were asked to answer a detailed survey about screen time habits. …The scans revealed that kids who spent more time in front of screens had what the authors call lower “white matter integrity.” White matter can be roughly thought of as the brain’s internal communications network—its long nerve fibers are sheathed in fatty insulation that allows electrical signals to move from one area of the brain to another without interruption. The integrity of that structure—how well organized the nerve fibers are, and how well developed the myelin sheath is—is associated with cognitive function, and it develops as kids learn language. …Lead author John Hutton of Cincinnati Children’s Hospital told MIT Technology Review there’s a clear link between higher screen use and lower white matter integrity in the children his team studied. That structural change appears to be reflected in the results of the cognitive test the kids took as well, which showed high screen time associated with lower levels of language and literacy skills. “The effect size is substantial, as these findings also rigorously controlled for multiple comparisons across the brain,” Hutton says.

One easy and ethical remedy would be for parents to make sure their kids don’t see them constantly staring at their phone.

3.  A terrific, ethical, extemporaneous speech from Richard Dreyfus. No, Richard Dreyfus is not, and has never been, a typical Hollywood knee-jerk leftist. Glenn Beck’s conservative website “The Blaze” was “astonished” when actor/educator Richard Dreyfus recently told Fox News host Tucker Carlson,

“You were talking about the speakers on university campuses. And I am totally, incontrovertibly on your side about this. I think any intrusion into freedom of speech is an intrusion into freedom of speech. And when one of the presidents of one of the colleges said, ‘this is a school, not a battlefield,’ I said, no, it is a battlefield of ideas and we must have dissonant, dissenting opinions on campuses and I think it’s political correctness taken to a nightmarish point of view

I have withdrawn from partisan politics. I am a constitutionalist who believes that the Constitution and the Bill of Rights must be central and the parties must be peripheral. What’s most important for me is what you just mentioned haphazardly, we are over 30. Civics has not been taught in the American public school system since 1970. And that means everyone in Congress never studied the constitution and the bill of rights as you and I might have. And that is a critical flaw because it’s why we were admired and respected for so long, it gives us our national identity, it tells the world who we are and why we are who we are, and without a frame that gives us values that stand behind the bill of rights, we’re just floating in the air and our sectors of society are not connected.

What’s really important is that the assumptions of the left and the right are all skewed wrong. We have to find areas of agreement and areas that we share. And we do share the notion that education accomplishes certain things. One, it turns students into citizens. And, two, it teaches students how to run the country before it’s their turn to run the country. And, three, it teaches the values of this nation.

People come from all over the world or are born into this nation without the values that we have here. That’s why they came here, to get them. And what are they? You can put them in opportunity, rise by merit, mobility, and freedom. That’s what we sell. And if you don’t want that, you’ve chosen the wrong place. And you don’t get a pass by being born here, you have to learn it. Even the Ten Commandments are not known at birth. You must learn them. And we must learn our values and if we don’t, we are fatally, fatally wounding ourselves. We will not have any way to really combat the ideas behind ISIS because we won’t know our own. And we have to.

Exactly.

Fox News should give Dreyfus a show.

Ethics Hero: Washington Nationals Catcher Kurt Suzuki

So it’s come to this. A professional athlete now qualifies as an Ethics Hero for expressing respect and admiration for the President of the United States while being honored at the White House.

Good job, everybody!

Yes, this is emblematic of the harm “the resistance” has inflicted on the nation and the culture. During a ceremony on the South Lawn, the President Trump introduced a number of Nationals players and invited them to the podium. Asked by Trump Suzuki to “say a couple words,” the Nats catcher pulled out his MAGA hat and put it on, prompting the President to shout, “I love him!” and to give him a hug.

Of course, this spontaneous moment triggered a meltdown among the Axis of Unethical Conduct, especially on social media. Suzuki’s twitter feed transformed into an orgy of hate. Apparently furious that the Capital’s baseball team had the gall to be respectful to its most important resident, a doctored video circulated on Twitter supposedly showing star pitcher and World Series MVP Stephen Strasburg snubbing President Trump by not immediately shaking the president’s hand after speaking. Strasburg  quickly declared the deceptively edited clip “fake news,” and sure enough, the real footage confirms Strasburg shook hands with the President at the podium. Continue reading →

Observations On The Washington Post Op-Ed, “Why America Needs A Hate Speech Law”

Richard Stengel, a frequent contributor on MSNBC, a former editor of Time magazine, and the  State Department’s undersecretary for public diplomacy and public affairs in the Obama administration from 2013 to 2016 wrote this embarrassing, anti-free speech screed.

Observations:

1. In the past I have criticized newspapers and other publications for publishing irresponsible opinion pieces. This time, I want to thank and praise the Washington Post. Either intentionally or inadvertently, it has performed a public service by using its op-ed pages to expose the hypocrisy, intellectual bankruptcy, ethics ignorance and relentless totalitarian rot of their own ideological compatriots.

2. I might say the same about  Stengal, but he really seems to think that he is making a persuasive case. Imagine: a man whom President Obama  and his Democratic administration trusted as a high level State Department official  can make an argument like this…

Why shouldn’t the states experiment with their own version of hate speech statutes to penalize speech that deliberately insults people based on religion, race, ethnicity and sexual orientation?

Why, Richard? Oh, gee, I don’t know…maybe because “insult” is a completely subjective standard? Perhaps because Massachusetts, Vermont,California, and Oregon might decide that arguments against climate change cant is hate speech, like Holocaust denial? Maybe  because the 14th Amendment prohibits states from abridging the Bill of Rights? Continue reading →

Morning Ethics Warm-Up, 10/30/2019: “Happy Birthday Little Sister!” Edition

Good Morning!

Today marks the birthday of my younger sister, whom I have referred to here frequently. Growing up with her and following her life and career imbued me with an early and ongoing appreciation of the effects of sexism and pro-male bias in society, and I’m indebted to her for that. She has always equaled or surpassed me in ability and enterprise, yet often watched me receive more credit or praise for the same things she could do and did without similar acclaim. I know she resented me for that (probably still does—she won’t read Ethics Alarms, for example), and it frequently bruised our relationship over the years. She also taught me about moral luck: in general, I have been persistently  lucky, and she has not, and the difference was so evident that I learned very early in life not to congratulate myself for how the dice fell. She is finally happy in retirement, is about to welcome the first grandchild for this generation of Marshalls, her two adult children are healthy and prospering, and her beloved Nationals just forced a Game 7 in the World Series. She will have a happy birthday. Good. She deserves it.

1. Tales of the double standard, and the imaginary double standard. MSNBC and much of the progressive noise machine has decided to paint Rep. Katie Hill as a victim of a “vast right wing conspiracy,” in Hillary’s immortal phrase, and a vicious husband. If he indeed was the one who shared the salacious photos of Hill involved in various sex acts,  vicious he certainly is. But how can anyone say, as lawyer Carrie Goldberg does, that  “Katie Hill was taken down by three things: an abusive ex, a misogynist far-right media apparatus, and a society that was gleeful about sexually humiliating a young woman in power…None of those elements would be here if it were a male victim. It is because she is female that this happened’? Nonsense, and deceptive nonsense.

Hill resigned because a House ethics investigation was underway regarding her admitted sexual affair with a Congressional staffer and an alleged affair with her legislative director. She was not going to be kicked out of Congress for either or both; she probably resigned in part because she knew the investigation was going to turn up more and worse. The Naked Congresswoman Principle also played a part, as I discussed here. Does anyone really believe that equivalent photos of a male member of Congress displaying his naughty bits in flagrante delicto (my late, great, law school roomie loved saying that phrase) with both sexes would be shrugged off by his constituents and the news media? Who are they kidding?

Hill was arrogant and reckless, and is paying the predictable price, though she was not smart enough to predict it. Trail-blazers—I’m not sure being the first openly bi-sexual member of Congress is much  of a trail to blaze, but never mind—are always under special scrutiny and have to avoid scandal at all costs. Did Hill ever hear of Jackie Robinson? Allowing those photos to come into existence showed terrible judgment; using her staff as a dating resource was hypocritical for a member of the  #MeToo party and workplace misconduct too.

The fact that she is being defended tells us all we need to know about the integrity of her  defenders. Continue reading →