First Up On Anti-Trump Sunday: An Unethical Quote Of The Month

“No more politicians for President!”

— A Donald Trump supporter, on a conservative web site today.

Bizarro has an observation to make...

Bizarro has an observation to make...

I have been reading and periodically shooting down the comments of Trump supporters on a series of websites in my continuing and desperate quest to find a single, substantive, intelligent, informed argument for why anyone should support Donald Trump for President. I’m only looking for one. You would think there would be one. Yet so far, my research hasn’t yielded any more valid that the unethical quote above.Why is it unethical? It is unethical because it shows that the speaker is incompetent at citizenship, and has failed the basic responsibility of those who live and benefit from democracy: understand how the government works, and what leadership in a democracy requires.

No, “He can beat Hillary Clinton” does not make the grade.  First of all, he can’t, for the simple reason that if someone like me, who knows Hillary Clinton’s record and character well, rates ethics and character as prime qualifications for President, and who regards her as approaching Richard Nixon as the most dishonest and flawed individual ever to run for the office (but without his talent and skill), would still vote for her to avoid the disaster of Donald Trump, he can’t beat Hillary. Second of all, it is a Rationalization #22,  “It’s not the worst thing” excuse, and that’s all it is. It is, to evoke “Jurassic World,” like releasing the T-Rex because you want to stop the Indominus. (Actually it is Trump who is the Indominus, the unnatural monster.) Continue reading

The Failure Of Any GOP Candidate To Answer This Question Directly Should Disqualify Them All

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[I will probably do an overview of the entire debate, but this has been straining my skull for hours now, and I have to get it down or die.]

Telmundo open-borders advocate and activist-journalist Maria Celeste Arraras asked this offensive question to tonight’s Republican contenders—well, four contenders and Ben Carson, who has the relevance of a streaker at a baseball game:

After the last presidential election the Republican party realized that in order to win the presidency it needed the support of Latinos. Guidelines as to how to accomplish that were spelled out in an autopsy  report that concluded, and I’m going to quote it, “if Hispanic Americans hear that the GOP doesn’t want them in the United States they won’t pay attention to our next sentence.”

So, do you think that your fellow Republican candidates get it?

The question is misleading, assumes an answer, is based on an unethical premise, and is the worst sort of “when did you stop beating your wife?”hackery. It required a rebuke, and a firm rebuttal. Everyone ducked it. Where was Ted Cruz’s quick and precise rhetoric to call the moderator on an outrageous assumption? Where was Donald Trump, who supposedly owns this issue? Where was Rubio, who desperately needed a chance to clarify his muddy position? Continue reading

Ethics Quote Of The Week: FCC Commissioner Ajit Pai

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“The text of the First Amendment is enshrined in our Constitution, but there are certain cultural values that undergird the amendment that are critical for its protections to have actual meaning. If that culture starts to wither away, then so too will the freedom that it supports.”

—FCC Commissioner Ajit Pai  to the Washington Examiner, in an interview where he expressed concern that respect for First Amendment principles were diminishing, particularly on college campuses.

Isn’t it fascinating that so many of those who are concerned about the freedom of speech being diminished by political correctness have responded by supporting a Presidential candidate who regularly abuses the right of free speech, and whose response to protesters at his own speeches is to abuse them?

But I digress.

Today’s example of what Pai is talking about comes from California State University Los Angeles (CSULA), where president William Covino, responding to expressions of dismay from the same kinds of students who needed counseling at Rutgers, cancelled a scheduled speech by conservative pundit and Breitbart editor Ben Shapiro, and in a particularly Orwellian touch, did so citing the need for the “free exchange of ideas.” Continue reading

Ethics Observations On Talia Jane’s “Open Letter” To Yelp

Talia Jane. Get used to seeing this face over the next 15 minutes or so...

Talia Jane. Get used to seeing this face over the next 15 minutes or so…

The story: A 25-year-old entry level Yelp (at Eat24, which is owned by Yelp) customer service agent named Talia Jane posted an article to the social media site Medium titled, An Open Letter To My CEO.  Addressed to “Jeremy,” Yelp Chief Executive Officer Jeremy Stoppleman, Jane’s epistle was a long. angry, often sad, more often snarky lament about her low compensation, current poverty, and lack of satisfaction with her job;  her personal hardship as she struggled with Bay Area living expenses like rent, food, electricity, internet, transportation; and her criticism of company policies and Stoppleman’s millions (Yelp was his creation.) The letter quickly went viral, especially among Bernie-files and on left-leaning websites, as the post was a rant against the lack of a living wage and greedy corporations generally. A couple hours later, Talia posted an update that she had been fired, and Stoppleman responded to some of her concerns on Twitter, protesting that he and his company were not as callous as she claimed. Stoppleman also tweeted that he was uninvolved in her firing and it was unrelated to the Medium post.

Observations:

1. Of course, Yelp had to fire her. Any company, large or small, would and should fire a low level employee who intentionally attacks her employer and the company’s CEO in a public forum. That the letter was read far and wide just sped up the process. The Bernie Brats, being so ignorant of the way of the world that they actually believe Sanders’ Socialist fantasies, naturally faulted Yelp for her fate. In Bernie World, you see, everyone is guaranteed a job, even after they go out of their way to embarrass the people who write their paychecks, or so they appear to believe.

2. Jane wrote that her firing was “unplanned” but not unexpected. I don’t believe that for a second; in fact, the statement is contradictory. She wrote a 2500 word attack on her employer and posted it online, and says she “expected’ to be fired. When you take deliberate action that you know will have a specific result, that’s a plan. The plan is to get out of a job she hates and that doesn’t advance her desired career—apparently to be a highly paid web commentator and wit—by making herself into a sympathetic celebrity long enough to exploit her fame and re-boot her ambitions. Isn’t that obvious? I’m sure that Talia is being booked on radio and TV shows as I write this. For her plan to work, however, she has to lie about her intentions in writing the letter. To some extent, I admire her audacity, and the plan may work. But this is The Saint’s Excuse: she made a deal with Yelp; they held up their end of it; she miscalculated, she was dissatisfied, so she made Yelp a public target for her own benefit.  Unethical. It is also the rationalization called Ethical Vigilantism: she thinks this is right because she deserves better, and is justified betraying her benefactor.

3. I wouldn’t trust Talia Jane to run my lemonade stand. Continue reading

Should President Obama Attend Scalia’s Funeral? Of Course.

NICK SCHNELLE/JOURNAL STAR Pastor Larry Zurek leads a funeral mass for former Peoria Fire Cheief Ernie Russell on Friday morning at Sacred Heart Catholic Church. Russell was 74.

President Obama, we learned from Josh Earnest, won’t be honoring the late Justice Antonin Scalia by attending his funeral, and the Presidential spokesman couldn’t even say what weekend activity Obama deems more important. Already, conservative commentators and pundits are calling the odd decision an intentional snub, and many on the left are also obviously puzzled, causing them to make up excuses, like suggesting that the Scalia family told the President of the United States to stay away.

It’s not a snub, of course. It’s just a willfully lost opportunity to show some non-partisan class and leadership, or in other words, Obama being Obama. We’ve seen this kind of irrational, arrogant, toxic conduct from him before, as when he was the only world leader who wouldn’t deign to join with other heads of state in the mass support of France following the Charlie Hebdo terrorist attacks. This is Obama’s “It’s my Presidency and I’ll be a jerk if I want to” streak, unattractive, petty, and a major reason why the United States is as culturally, politically and societally fractured as it is.  Continue reading

Ethical Quote Of The Month: Supreme Court Justice Antonin Scalia

Antonin_Scalia_2010

“I have no illusions that your man will nominate someone who shares my orientation, but I hope he sends us someone smart. Let me put a finer point on it. I hope he sends us Elena Kagan.”

—The recently departed Antonin Scalia, speaking to Obama advisor David Axelrod seven years ago, as President Obama was faced with making his first Supreme Court nomination upon the retirement  of Justice Souter.

Kagan, of course, was finally chosen to fill the second SCOTUS vacancy. Axelrod treats this conversation as somehow shocking, which I guess it would be to a political operative like him, to whom partisan warfare is everything,. Yet Scalia, who was known to be good friends with several of the more liberal members of the court, including Kagan, displayed with that private statement to Axelrod the professional attitude I have heard from many lawyers, and that perfectly describes my own. What is important to have on the Supreme Court are the best and most competent legal minds available. Assuming such judges also possess integrity, the third branch of the government will be in good hands. Continue reading

When Corporations Don’t Respect Autonomy And Freedom Of Speech: Nike

Nike dont

Nike allows purchasers to customize their Air Jordans, but reserves the right to control what ideas, thoughts and preferences you proclaim on your shoes.

Nabeel Kaukab, self-described as “an All American kid with an unusual name,” was browsing the online NikeiD store where customers build and buy custom footwear, and discovered Nike’s lack of support for the concept of free speech when he explored the customization features, one of which includes the ability to place up to six letters on the athletic shoes. When he entered “Islam” and “Muslim,” he was unformed that these words do not fit within the Nike guidelines.

Really? Nike’s guidelines specifically exclude “profanity,” “inappropriate slang,” “insulting or discriminatory content,” “content construed to incite violence,” “material that Nike wishes not to place on products” and anything that “violates another party’s trademark or intellectual property rights.” Continue reading

Ethics Quote Of The Month: “Bridge of Spies”

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The shooting script for the Academy Award nominated film “Bridge of Spies” is now online. Written by Matt Charman and the Coen brothers, it, like the film that Steven Spielberg made out of it, provides an unusually accurate and nuanced portrayal of ethical lawyering. The movie is worth seeing, better more than once, and I expect that I will use many issues raised in it for class discussion as I teach legal ethics to lawyers this year.

There is one howlingly wrong scene, in which the lawyer, Jim Donovan (played by Tom Hanks) has a private discussion with the judge who will be sentencing his client, a convicted Russian spy. Donovan argues against a death sentence. If this happened, and I doubt it, it would have been an egregious ethics breach: this is called ex parte contact, and is strictly forbidden.

The film redeems this misstep many times over, especially in a scene that neatly explores both the duty of confidentiality and the duty of loyalty, as well as the crucial role of rules in society, and why “the ends justify the means” as well as those who advocate that philosophy must be rejected. “Ethics Bob” Stone told me that he now uses the scene in his business ethics classes.

The scene begins with Donovan meeting in a restaurant with a man who has been following him…. Continue reading

Jumbo Alert, As An Integrity And Corruption Check For Pundits, Journalists, And All Your Hillary Clinton-Defending Friends Looms

Jumbo film

The real test of when someone will lie to your face is when they will insist that their former, perhaps bias-supported but still sincerely-held position is still valid after all justifications for it have vanished. This is Jumbo territory, the point where Jimmy Durante, giant elephant in tow, shrugged to the accusing sheriff in front of him and said, “Elephant? What elephant?” That, however, was a joke. This is tragic.

Many of us knew we would reach this point long ago, of course. As many, including me, have documented since the New York Times first broke the story of how Hillary Clinton had defied policy, best practices, competent national security management, technology common sense and perhaps the law by receiving and sending her official State Department e-mail on a home-brewed server. First she said there was nothing improper about doing this, then she said she had received no classified information, then she said she had received no material marked classified. She trotted out rationalizations: “everybody did it,” “other Secretaries of State did it,” “don’t sweat the small stuff,” ultimately adding a rationalization to the list, “It wasn’t the best choice.”

Those of us who have followed the pattern of Clinton scandals over the years knew that her camp was running out of smoke when it defaulted to the old “vast right wing conspiracy” diversion that worked so well—for a while—during the Monica Mess. The facts have been pretty clear for a while now, to anyone with the honesty and fairness to acknowledge them. Hillary Clinton, for her own convenience (as she has said) and to keep her communications out of the view of Congress, the public, political adversaries and law enforcement as she mixed personal business, politics and influence peddling with her official duties, willfully endangered US security and even the lives of intelligence personnel by handling official communications in an insecure manner.

The FBI has been investigating all of this—not her, her campaign keeps reminding us, just the e-mails!—and the State Department, which has been acting as a partisan ally when it’s duty is to the American people, finally was forced by a judge to review and turn over the e-mails involved, other than the ones Clinton had destroyed by her lawyer (nothing suspicious or irregular about that). With each new batch revealed, more e-mails that contained classified information have been found. Former Defense Secretary and CIA director William Gates said this week that Russia, China and Iran, among other foreign nations, probably hacked Clinton’s e-mails, “given the fact that the Pentagon acknowledges that they get attacked about 100,000 times a day.” Meanwhile, State has identified over 1,200 emails that it deems classified were sent over Hillary’s private server, making her first denials ridiculous, and her ultimate denials an admission of gross negligence and stupidity, even if they were true. The Secretary of State didn’t discern that any of 1200 e-mails contained information requiring care and confidentiality? This is the “I’m not corrupt, I’m stupid” defense, which is one no Presidential candidate ought to be allowed to get away with, especially one being extolled by the current President for her alleged competence and experience.

Now the walls, and the facts, are closing in. Yesterday, the Obama administration confirmed for the first time that Hillary Clinton’s home server contained closely guarded government secrets, and announced that 22 emails that containing material requiring one of the highest levels of classification were so sensitive that they could not be released.  Is that clear? These are communications that were on an insecure server, vulnerable to hacking, that Clinton saw, and either didn’t recognize as such—she’s not that stupid—or didn’t care enough to start being responsible. With such e-mails, it doesn’t matter if they are marked: they are self-marking: big, loud, throbbing documents that any Secretary of State, even Secretary Gump, must know are classified because of their content.

The State Department revelation came three days before  the Iowa presidential caucuses, and, incredibly, the Clinton campaign complained about the timing! Yes, it is certainly outrageous to let voters know about the duplicity and incompetence of a candidate for President before they vote for her. This is how Clinton thinks. If that doesn’t bother you, get help.

Federal law makes it a felony for any government employee to mishandle classified information, and here comes the integrity check. With this new information, Clinton has no defense. By definition, allowing top secret information to be received and perhaps forwarded on an insecure, private server is mishandling, and illegal.  Clinton’s campaign, of course, is lying and spinning: the current tactic is to dismiss this as an inter-agency dispute over what is classified. (The Clinton-enabling Vox made bolstering this deflection the centerpiece of its “explainer”) However, when the current State Department is so sure of 22 e-mails’ top secret character that it feels it must withhold them from the public and the media, it is obvious that this was no close call, especially since State has been covering and spinning for Hillary to a disgraceful degree already.

So the facts speak: Yes, she lied. Yes, she endangered U.S. security. Yes, she willfully exposed classified documents to hacking by our enemies. Yes, she did this for her own personal and political benefit.

Yes, she broke the law, and this law ain’t jaywalking. Continue reading

Unethical Quote Of The Month: MSNBC’s Chris Matthews, Whose Ethics Alarm Is Obviously Busted

Matthews

“Who is going to watch a debate between the two Cuban guys?”

MSNBC host Chris Matthews, reacting on the air to the news that wittle Donald Twump will be avoiding Thursday’s Republican candidates’ debate on Fox because he’s afwaid that mean, old Megyn Kelly will wag on him and make him cwy.

The “Cuban guys” are two  U.S. citizens and public servants named Mark Rubio and Ted Cruz. “Who is going to watch a debate between Rubio, Marco Rubio and Ted Cruz?” Chris went on. (Yes, Chris, we know who you meant). “Who cares?””

I just got back from a New York day trip to do an ethics training seminar for a large law firm. I read about Matthews’ hateful, ugly, bigoted statement just as I was getting ready to leave this morning, and it  bothered me the rest of the day. I haven’t checked—has Matthews apologized? Has he been sacked? Have Hispanics and Latinos rallied to support the Republicans he attacked?

There is no spin, no excuse, no rationalization that removes Matthews’ comment from the realm of hateful, gratuitous partisan bile. This is also the guy, remember, who sees racism in the use of the word “Chicago.” Let’s see if we can find any equivalent statement that wouldn’t be legitimately and immediately  identified as the calling card of a bigot:

“Who is going to watch a debate between the two black guys?”

“Who is going to watch a debate between the two Jewish  guys?”

“Who is going to watch a debate between the two gay guys?”

“Who is going to watch a debate between the two Muslim guys?”

“Who is going to watch a debate between the two women?”

Yet this just vomited out of Liberal Chris’s mouth like it was perfectly reasonable and fair, just like you hear other bigots default to “nigger” without blinking. The statement radiates contempt for a nationality, assumed superiority by a comfortably white hack , and absolute disrespect—because the two men are Republicans, and thus don’t deserve decency or fairness at his hands. That’s how Chris thinks. That’s the culture of MSNBC. That’s the attitude of a shocking number of U.S. “progressives.” Continue reading