Citizenship

Morning Ethics Warm-Up, 10/3/2017: In the Wake Of Las Vegas…

/ Jack Marshall / 159 Comments

Good Morning.

1 The reaction of the anti-gun forces is so depressingly predictable, the arguments being put forth are so well-worn, the demonization of those who comprehend the importance of the Second Amendment so shameless and the misrepresentations are so familiar. I am considering just ignoring it this time, and referring anyone to the copious essays already written here tagged with Sandy Hook Ethics Train Wreck. Maybe I should just re-publish them after using a search and replace to switch Sandy Hook and New Town with “Las Vegas Strip.”  I’m sure in future months we can look forward to testimony at various legislative hearings by family members of the slain and wounded, as our elected officials, as usual, choose to use emotion, sentiment and grief to ram through legislation that they could not and cannot justify if the public’s attention isn’t distorted. I was on the road most of yesterday: has Hillary shot off her mother yet? Obama? Piers Morgan? Jimmy Kimmel? Diane Feinstein? I honestly haven’t had a chance to check. How quickly did some predictable Ethics Alarms commenters use the tragedy to start attacking gun ownership? By the time I finish the Warm-Up, I’ll probably know. I’ve made a few wagers with myself…

2.  Fake news, hoax postings and irresponsible rumor-mongering was rampant after the shooting. Is there any point in noting that ISIS, with its apparently false claim that this was one of its terror attacks, is unethical?  How about 4chan, which deliberately pinned the crime on the wrong man, and habitually inaccurate conservative websites like The Gateway Pundit, which circulated the lies? Twitter users with the character of poorly raised reptiles also got in on the fun: From the New York Times:

In a telling exchange, Gianluca Mezzofiere of Mashable reached out to the operator of one Twitter account sharing misinformation and reported the following:

Mashable reached out to the troll to ask why he’s spreading misinformation during such a critical time.

“I think you know why,” he replied. “For the retweets :)”

When Mashable pointed out that it’s unethical to spread misinformation when people are desperately looking for their missing family and friends, he just said: “You are right I’m sorry.”

“Jack Sins” said he chose TheReportOfTheWeek (aka Reviewbrah) just because he’s a meme and tweeted Johnny Sins because he “is a living legend.”

Asked whether he’s done it before and whether he’d do it again, he replied:

“Yes and maybe.”

Continue reading →

Do Good Friends Let Friends Publish Garbage On Social Media? The Duty to Knock Down Irresponsible Opinions

/ Jack Marshall / 23 Comments

“Stop quoting Maxine Waters!”

I just arrived at Virginia Beach Double Tree after a four hour plus drive in the dead of night. This gave amble time to obsess to the point of madness on Facebook post I saw from a friend. This is a smart, educated person; published in fact. Yet the post was (I am paraphrasing):

“I don’t understand Republicans. They must prefer Pence to Trump: why won’t the join Democrats in impeaching the orange bastard? I don’t get it.”

This post garnered many likes in the Facebook echo chamber, and several theories.

Now, this is not just an uninformed opinion. It is a dangerous opinion. It misinforms everyone who reads it and who has reason to trust and respect the writer. It is written in complete ignorance of the Constitution, and an irresponsible misinterpretation of what American democracy is.

I shouldn’t have to explain this further, but what the hell: if the Founders intended for our system to be a modified parliamentary arrangement where the public can try to elect a President but if Congress decides it prefers someone else, like the Vice-President, it can veto the election with a sufficient majority, then Madison, Mason et al. would have made that clear. Instead they made it clear that an elected President can only be impeached upon a guilty verdict in a Senate trial for “high crimes and misdemeanors,” which means unequivocal, serious and substantive wrongdoing, usually criminal. Yet a frightening number of progressives, driven to fantasy by listening to irresponsible and incompetent elected demagogues like Maxine Waters, actually embrace an imaginary version of our government that, if real, would render democracy a cruel fraud. Continue reading →

Call Me An Alarmist, But This Alarms Me Greatly: The Censorious On-Line Anagram-Maker [UPDATED]

/ Jack Marshall / 31 Comments

In a recent thread—the context is unimportant—commenter Chris facetiously wrote that “Auntie Yang’s Great Soybean Picnic” is an anagram for “Hitler Did Nothing Wrong.” My mind working the way it works, and being incapable of anagrams myself, I immediately went to an online anagram generator, and typed in “Hitler Did Nothing Wrong.”

The page, Wordplays’ Anagramer, told me that there were no anagrams for that phrase, which is, of course, isn’t true.  [UPDATE: See below] “Auntie Yang’s Great Soybean Picnic” isn’t one of them, but there are thousands, my favorite being (courtesy of a the ethical anagram generator here), “Deriding Hog-thrown Lint.” I always deride hog-thrown lint myself.

I amguessing that the only reason Wordplays refused to give me the anagrams I requested was that it decided that I shouldn’t have the right to even write or think the phrase “Hitler Did Nothing Wrong.” Somewhere in programming their site the social justice warrior totalitarians have decided that “bad words” and “bad ideas” can’t be used or thought about, even in jest. Even in an anagram!

‘First  they came for “Hitler Did Nothing Wrong, ” and I did nothing. Then they came for “Deriding Hog-thrown Lint.”‘

This isn’t funny, this is scary. There is a large and growing segment of the American public, many quite powerful, who believe in social change by constriction of words and thought. They see technology as their ally, and those who run technology companies show every sign of being such.

These are enemies to democracy and our liberties as defined by our Founding documents, our traditions and history.

They aren’t enemies because they block anagrams due to their crippling political correctness and arrogance.  That just means they are silly fools. They are enemies because they don’t think using their power to interfere with the speech and thoughts of others is wrong. They think they are doing good.

And if they can–if we let them—they will warp our culture  using laws, intimidation, indoctrination and, of course, technology until everyone believes that controlling words and thoughts is good.

If you think this is just about anagrams, you’re dangerously naive.

UPDATE: Commenter/Blogger Windypundit, who is surely more savvy in these matters than I am, writes in the comments,

I went over to the Wordplays Anagrammer site to play with it. The thing is, I can’t reproduce your results. When I enter the phrase “Hitler Did Nothing Wrong” it displays hundreds and hundreds of anagrams.

Maybe it was just a glitch? …I thought maybe it didn’t work in some browsers, but it worked in all five I tried.

I don’t know what’s going on. I tried twice, and got a “No anagrams found” message. I will assume that it’s me, not them.

The general position of my post stands, however. Even if the web isn’t censoring anagrams, there is a lot of manipulation going on.

Many thanks to Windypundit for the research and the report.

____________________

Pointer: Chris

Ethics Essay Of The Month: Andrew Sullivan

/ Jack Marshall / 36 Comments

I used to read Andrew Sullivan’ blog regularly: he was smart, gutsy,a good writer, and willing to buck conventional wisdom> then the gay marriage controversy heated up—Sullivan is gay– and Andrew lost it. His focus and once-reliable rationality became distorted by anger, bias and emotion. He eventually gave up blogging because he determined that it was emotionally unhealthy; maybe he finally recognized that he needed a break. By that time, I had stopped reading him.

His brilliant essay in New York Magazine suggest that Andrew has his groove back, which means that his observation are thoughtful and worth pondering. The topic is tribalism, and he writes in part,

Over the past couple of decades in America, the enduring, complicated divides of ideology, geography, party, class, religion, and race have mutated into something deeper, simpler to map, and therefore much more ominous. I don’t just mean the rise of political polarization (although that’s how it often expresses itself), nor the rise of political violence (the domestic terrorism of the late 1960s and ’70s was far worse), nor even this country’s ancient black-white racial conflict (though its potency endures).

I mean a new and compounding combination of all these differences into two coherent tribes, eerily balanced in political power, fighting not just to advance their own side but to provoke, condemn, and defeat the other.

I mean two tribes whose mutual incomprehension and loathing can drown out their love of country, each of whom scans current events almost entirely to see if they advance not so much their country’s interests but their own. I mean two tribes where one contains most racial minorities and the other is disproportionately white; where one tribe lives on the coasts and in the cities and the other is scattered across a rural and exurban expanse; where one tribe holds on to traditional faith and the other is increasingly contemptuous of religion altogether; where one is viscerally nationalist and the other’s outlook is increasingly global; where each dominates a major political party; and, most dangerously, where both are growing in intensity as they move further apart.

Sullivan goes on to explain that this development is antithetical to the model the Founders intended for their new nation:

The project of American democracy — to live beyond such tribal identities, to construct a society based on the individual, to see ourselves as citizens of a people’s republic, to place religion off-limits, and even in recent years to embrace a multiracial and post-religious society — was always an extremely precarious endeavor. It rested, from the beginning, on an 18th-century hope that deep divides can be bridged by a culture of compromise, and that emotion can be defeated by reason. It failed once, spectacularly, in the most brutal civil war any Western democracy has experienced in modern times. And here we are, in an equally tribal era, with a deeply divisive president who is suddenly scrambling Washington’s political alignments, about to find out if we can prevent it from failing again.

Bingo.

Sullivan explains the evolutionary basis of tribalism and why it is so deeply rooted in the human psyche. Then he writes, Continue reading →

Morning Ethics Warm-Up, 9/26/17: The News Media Hides Sen. Strange’s Corruption, And An NFL Anthem Protest Ethics Train Wreck Update

/ Jack Marshall / 60 Comments

Good Morning, Dallas! Proud of your politically correct football team?

Good Morning!

1 The New York Times and the rest of the mainstream news media, it is a relief to know, unethically and deceptively slants its news reporting in favor of Republicans when even worse Republicans are involved. Since the Ethics Alarms post about the horrible Strange-Moore run-off, I’ve been reading several articles about the issues involved. So far, I have yet to read any that mention the corrupt manner in which Sen. Strange got his seat. They all mention Moore’s problems, like the fact that he’s a theocrat who doesn’t believe in the Rule of Law.

And now your NFL Anthem Protest Ethics Train Wreck update, because it can’t be avoided, unfortunately…

2. The sports weenies of the year have to be the Dallas Cowboys, who didn’t have either the courage to play it straight and let the silly NFL Anthem Protest Train Wreck miss a stop, or the fortitude to climb right on. On Monday Night Football’s game this week, the Cowboys, owner Jerry Jones, Coach Jason Garrett and other coaches and front office executives kneeled in unison before the anthem, then rose and locked arms as it was being performed. What did it all mean? “Our players wanted to make a statement about unity and we wanted to make a statement about equality,” Jones said at a post game news conference. “They were very much aware that statement, when made or when attempted to be made in and a part of the recognition of our flag, cannot only lead to criticism but also controversy. It was real easy for everybody in our organization to see that the message of unity, the message of equality was getting, if you will, pushed aside or diminished by the controversy. We even had the circumstances that it was being made into a controversy.”

That’s clear as mud, as my dad liked to say.

Here was another theory: Cowboys wide receiver Dez Bryant told the news media that the decision “was a team thing” that was a direct response to comments and tweets by President Trump over the weekend.

“I feel like that’s the true definition of unity.Trump can’t divide this. I think sports show the perfect example of unity. It’s not just black NFL players, it’s different races. I feel like that was a clear shot at Trump, sitting on that knee like that because you just can’t do that [What Trump said was] super disrespectful. We showed great unity tonight. That’s what that was for. I feel like that was needed. … We’re not going to let a guy like that tear us apart. Not just us but this whole entire league. We’re a prime example of positive people. … He should have never said that. It was a clear punch in the face. I feel like we made up for that.”

Wait, so now this is an anti-Trump protest? What happened to protesting officers getting paid while cop-involved shootings were being investigated—you know, what Colin Kaepernick said?

The Cowboys’ whatever it was was naked, cynical virtue-signalling that ended up being stupidity-signalling. Continue reading →

Morning Ethics Warm-Up, 9/23/2017: Special “Love Him, Hate Him Or Tolerate Him, Ya Gotta Admit President Trump Isn’t Boring” Edition

/ Jack Marshall / 22 Comments

I don’t know about you, but I was getting mighty sick of those “morning” shots…

GOOD MORNING!

1 Peggy Noonan, the former Reagan speechwriter who writes powerfully and is not afraid to take unpopular positions, has been as critical of Trump as any rational pundit. She writes in her latest column, that the news media has misrepresented Trump’s U.N. speech, which, she says further,  was what the U.N. “needed to hear clearly and unequivocally.” She adds,

A great line—because it spoke a great truth—was this: “The problem in Venezuela is not that socialism has been poorly implemented, but that socialism has been faithfully implemented.” Mr. Trump then paused and looked at the audience. It struck some as a “please clap” moment. It struck me as a stare-down: I’m saying something a lot of you need to hear. You’re not going to like it, and I’m going to watch you not like it.

… Mr. Trump is on a roll, a sustained one the past few weeks, and this is new. All levels of government performed well in the hurricanes. Mr. Trump showed competence, focus and warmth. His bipartisan outreach, however it ends, went over well with core supporters and others. He had a strong speech at the U.N., in fact a successful U.N. week, beginning to end. His poll numbers are inching toward 40%.

Noonan meets the ethical standard that the mainstream news media, critical pundits and “the resistance” have relentlessly breached: give the President credit when it’s due, and subdue bias to engage in objective analysis for the public;s enlightenment.

2. Ann Althouse, also noting that the President’s poll numbers have been creeping up (a. Not that much b. Who trusts polls? c. So what?), polled her readers regarding why they thought this was happening. Her options were mostly the right ones, though Peggy’s “bi-partisan outreach” was conspicuously missing…

“Hurricanes”—these sorts of natural disasters are usually opportunities for Presidents to play President, and that seldom is anything but enhancing to a POTUS’s image. Ronald Reagan’s speech after the Challenger disaster was a perfect example. Trump gets less credit than he deserves because the news media works hard to represent anything he does in a negative light.

“Kim Jong Un”—Since so many progressives believe that we should keep allowing North Korea to extort the West by endlessly appeasing it, it is hard to see Trump’s hard-line stance moving the needle.

“U.N. Speech”—unless American read it, which few have, I assume the (false) mainstream narrative that it was a disaster prevails.

“Normalization happened”—THAT’s certainly wrong. If it means that General Kelly has made a big and positive difference, then OK. The Wite House is certainly more normal than it was, but far from normal.

“Russia collusion story fading”: “The resistance” is still certain that Trump bartered to win the election and will be impeached for it. Facts, evidence and reality are irrelevant to them.

“Successful policies have been implemented”—In fact this is true, but again, the only ones who know it are pro-Trump partisans,  the small number of citizens who dig through the static and fog of mainstream media Trump Hate, and those who don’t think any retreat from the inexorable progression to open borders, socialism and Big Brother is a tragedy.

“Nothing’s gone horribly wrong (yet)”: The Trump Deranged think that everything has already gone horribly wrong, and that we’re all going to die. Here is a typical Facebook post from a good friend this week:

Trump IS deranged. And we’re all going to pay for it. Am I surpised that a hermetic totalitarian proto-monarchy has created a Kim Jong Un? No, it’s completely predictable and logical. That the US of A has elected someone who is NO better whatsoever than Kim, and in some ways quite worse, is the unforgivable aspect of this whole equation.

“Bad things like The Wall and repealing Obamacare seem to have been merely campaign bluster”—Nah. Lots of other things were bluster; these were just impossible.

But I voted for this one, also supported by my friend’s crazy post: “Trump haters are tiresome.” “Tiresome” is professorial nice-speak for “So vile, un-American and unhinged that if they want one thing, sane and fair and rational citizens will increasingly prefer the opposite.”  The category includes “tiresome” public figures like the Late night “comedy” show hosts, Bill Maher, Samantha Bee, Hollywood, MSNBC, Maxine Waters, the New York Times, CNN, Black Lives Matter, Tom Perez, Elizabeth Warren, and, of course, Hillary Clinton. It’s pure cognitive dissonance.

Naturally that choice is also leading in votes, followed by hurricanes, North Korea, and the UN speech.

3. As always, when the President is feeling cocky, he lets loose with dumb tweets and inflammatory comments just to remind us that he’s not going to change. This morning he reacted to San Francisco Warriors super-star Steph Curry saying that he “didn’t want to go” to the White House when the President hosts the traditional visit from championship sports teams, tweeting,

“Going to the White House is considered a great honor for a championship team.Stephen Curry is hesitating, therefore invitation is withdrawn!”

Stipulated: this is petty, and beneath the President’s office, like 99% of his tweets. It shows thin skin and vindictiveness, and is punching down in the sense that any attack on a citizen from the White House is punching down.

And yet, and yet…I have to say I smiled when I read it. It is damaging for athletes and cultural role models to be disrespectful to the President, the Office, and the country. Curry was gratuitously rude, and deserves a rebuke…just not from the President of the United States.

(I still hope Trump retracts the invitation to the whole team.)

The other outburst, also involving sports, is indefensible.

At a Huntsville, Alabama rally for Republican Senator Luther Strange, who is running in a special GOP primary election to remain in the seat vacated by Attorney General Jeff Sessions, Trump went off script and said,

“Wouldn’t you love to see one of these NFL owners, when somebody disrespects our flag, to say, ‘Get that son of a bitch off the field right now. Out! He’s fired. He’s fired!’” Trump said. “You know, some owner is going to do that. He’s going to say, ‘That guy that disrespects our flag, he’s fired.’ And that owner, they don’t know it [but] they’ll be the most popular person in this country…But do you know what’s hurting the game more than that? When people like yourselves turn on television and you see those people taking the knee when they’re playing our great national anthem. The only thing you could do better is if you see it, even if it’s one player, leave the stadium. I guarantee things will stop. Things will stop. Just pick up and leave. Pick up and leave. Not the same game anymore, anyway.”

Ugh. Owners have a right to discipline players for bringing politics onto the field. When a President tells them to, that  edges too close to government action, chilling speech, and a First Amendment violation.

On the other hand, one does not have to be a conspiracy theorist to detect an uncoordinated but pervasive effort in the news media, academia, the tech sector, show business and Hollywood, and now sports, to flood the culture with so much progressive propaganda and anti-Trump bile that government becomes impossible. The effort has to be countered, but the President is not the proper one to counter it. Still, the integrity and functioning of our democracy is at stake.

4. In Ann’s “Successful policies have been implemented” category, except I would call it “essential polices,” was the expected withdrawal of the Obama Education Department’s infamous “Dear Colleague” letter that prompted universities to dispense with due process and fair standards when finding male students guilty of sexual assault and rape. Blogger Amy Alkon, another rational Trump critic, nonetheless enthusiastically and definitively slapped down an awful, ethics-devoid Times op-ed that, as the Left is wont to do these days, argued that the innocent until proven guilty standards and equal justice should be re-calibrated for the greater good, which is to say, for the benefit of favored groups. Alkon writes of the feminist authors,

[T]hey clearly aren’t looking for justice for all, but just justice for some: typically, the woman. They continue:

The preponderance of evidence standard is also survivor-centered. When judging whether someone has been raped, it’s almost impossible to assert that a sex act constituted violence “beyond a reasonable doubt.”

Our justice system in this country involves erring on the side of freeing a possibly guilty person in hopes of seeing that innocent people are not imprisoned. The fact that it is sometimes hard to judge a “he said”/”she said” case does not change that.

On the other side, and in Althouse’s  “Trump haters are tiresome” ( “tiresome”= frequently biased, ignorant, dishonest, undemocratic, unfair, vicious and hypocritical, as well as dumb as bricks) category, we have this tweet from snarky female comic Chelsea Handler:

“Thank you @betsydevos for making it easier for rapists going to college to get away with raping innocent women. What a role model…”

Anyone who thinks that is clever or true needs to—quickly— read the Constitution, perhaps with a literate translator, maybe a U.S. history book or two, and get at least a rudimentary understanding of the principles underlying the United States and its values.

_____________________________

Graphic: heartist

 

The Alabama U.S. Senate Republican Run-Off: The Worst Choice Ever [UPDATED]

/ Jack Marshall / 9 Comments

And you thought having to choose between Hillary and Donald Trump was bad!

The upcoming Republican run-off for the special election to choose a successor to Alabama previous GOP Senator Jeff Sessions, now U.S. Attorney General, is as bad as it gets. Whoever wins is certain to be elected in super-red Alabama over Democrat Doug Jones, but one GOP candidate is corrupt and absurd, and the other is absurd, a fanatic and a habitual scofflaw. Both can be counted upon to immediately lower the ethical and intellectual level of the U.S. Senate, and normally I would assume that only electing a horseshoe crab or some other lower species could do the latter, while nothing short of sending Hillary Clinton back there could accomplish the former. That Alabama voters would allow their state’s seat in the U.S. Senate to depend on a run-off between these two examples of the worst of the U.S. politics bestiary doesn’t merely show that the state is backwards, it shows that its voters deserve one of these jerks. The rest of us, however, do not.

Let’s look at the two contestants, shall we? First current Senator Luther Strange, whose best feature is his name. Allow me to save you a click by re-posting a substantial section from February’s post about him:

When the Senate confirmed Jeff Sessions as U.S. Attorney General in hearings that may be best remembered as the time Elizabeth Warren earned the fawning admiration of feminists by behaving like a mean-spirited jerk, it meant that Alabama’s Republican governor got to appoint his successor. There wasn’t much discussion in the news media about who this might be, because it’s hard for journalists to inform the public properly when it is concentrating on bringing down the President, per the orders of their Eldritch Progressive Masters—sorry, I’ve got Dr. Strange stuff rattling around in my brain now—but there was some interesting speculation in Alabama.

You see,  Republican Governor Robert Bentley is fighting to avoid  impeachment as the result of a sex scandal, and one that called his honesty into question as well.

An official fired by Bentley alleged that the Governor had engaged in an extramarital affair with his senior political adviser, Rebekah Caldwell Mason. An audio recording surfaced in which Bentley told a woman named “Rebekah” that he “worr[ied] about loving you so much” and that “[w]hen I stand behind you, and I put my arms around you, and I put my hands on your breasts […] and just pull you real close. I love that, too.” At a press conference, Bentley apologized for the comments but denied having an affair and stated that his relationship with Mason was purely platonic.

Sure.

Bentley invaded the Ethics Alarms Rationalizations List, saying that  he “had made a mistake” by saying “inappropriate things” to his aide, and apologized to Mason , her family and to the people of Alabama. On April 5, 2016, an impeachment resolution against Bentley was filed in the State Legislature, which appointed a special counsel to lead an investigation into the impeachment charges. Then, in November, Alabama Attorney General Luther Strange asked that the investigation be halted pending “related work” by his office. This was widely interpreted to mean that Strange, also a Republican but not an ally of Bentley’s, was overseeing his own investigation of whether charges should be brought against Bentley.

Trump was elected President on November 8, and ten days later he announced his intention to nominate Alabama Senator Jeff Sessions as U.S. Attorney General. On December 6, 2016, Strange announced that he was a candidate for the soon to be vacant seat, meaning that he would run in the 2018 election, if he wasn’t appointed to fill the vacancy by Bentley.

With the wolves gathering at  his door, however, that’s exactly what Gov. Bentley did. He appointed the man who was overseeing his current impeachment investigation to the U.S. Senate, thus creating a vacancy in the Attorney General’s post. Then he appointed a new AG named Steve Marshall (no relation), who many doubt will vigorously pursue an indictment against the governor.

Can you say, “Appearance of impropriety”?

I can’t imagine a better example of how the law can’t anticipate everything, making ethics indispensable.   There is an Alabama law prohibiting a governor from appointing himself to fill a U.S. Senate vacancy, but nobody foresaw a situation where a governor facing impeachment would interfere with the investigation by appointing a political adversary and the Attorney General overseeing the investigation to fill the slot. This is entirely legal, and spectacularly unethical.

Some in the state wonder if Strange’s request to the legislature wasn’t part of a deal with the Governor, in anticipation of a Sessions departure.  “He definitely slowed down the impeachment process, which put the governor in a place to actually appoint him. That’s the problem we have,” said Ed Henry, the legislator who brought the original  impeachment motion to a vote.  “He stopped an impeachment process and then in turn accepted the nomination to the Senate. I believe the damage is already done.”

For this to have been a pre-arranged  quid pro quo would have required that Strange and Bentley both believe that Trump would win, however. Hmmmm. Maybe they were in league with the Russians too…?

Yet it requires no conspiracy theory to conclude that for Strange to accept Bentley’s appointment makes him complicit in a sequence of events  that appears corrupt. It is too redolent of the Roland Burris affair, when now jailed former Illinois governor Rod Blagojavich was caught selling a Senate appointment. Burris swore in an affidavit  that he had no contact with the governor prior to his appointment to a Senate seat he had no qualifications for, and then as soon as he was safely on office, suddenly remembered that he had met with “Blago.”

The newly minted Senator Strange, had he been an ethics hero—and shouldn’t we be able to expect our elected officials to be ethics heroes?—could have foiled Bentley, inspired Alabamans, and proved that he would be a worthy Senator when he ran in 2018, if he had simply turned down the appointment, saying,

‘I am grateful and honored that Governor Bentley felt that I was qualified to represent the citizen of Alabama in the U.S. Senate. However, I feel I would betray the trust of those same citizens if I were to accept the post under these circumstances. As the lawyer for the people, I am obligated to undertake and oversee a fair and objective investigation of serious allegations against the Governor, and this raised a conflict of interest for me, pitting my personal political ambition against my duties in my current position. Moreover, should I accept the Governor’s offer, it would raise doubts regarding the functioning of the legal system as well as my personal integrity. Therefore I must decline the appointment.’

Nah.

Now, however, the Senator has proven himself unworthy of his new job by accepting it.

Strange!

Now normally I would say that anyone—Kathy Griffin, Jimmy Kimmel, Dormammu—is a preferable U.S. Senate choice than this shameless, ambitious hack. Roy Moore, however, is a piece of work. The one-time kickboxer and full time fundamentalist Christian fanatic first warranted Ethics Alarms notice as an Incompetent Elected Official in 2014, and his recognition came that late only because I viewed his stand-off over displaying the Ten Commandments in his court room and trying to turn Alabama justice into a theocracy too ridiculous to write about (and Ethics Alarms didn’t exist then.) Continue reading →

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

/ Jack Marshall / 28 Comments

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 →

The Kid Mowing The White House Lawn

/ Jack Marshall / 26 Comments

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 →

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

/ Jack Marshall / 77 Comments

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 →