“Even as we must treat accusers with seriousness and dignity, we must hear out the accused fairly and respectfully, and recognize the potential lifetime consequences that such an allegation can bring. If believing the woman is the beginning and the end of a search for the truth, then we have left the realm of justice for religion.”
…in a Senate floor speech the day before the hearing, Democratic Senator Kirsten Gillibrand of New York announced that it was unnecessary for her to hear Kavanaugh’s testimony. Gillibrand declared, “I believe Dr. Blasey Ford.” Many Democrats, in keeping with #BelieveSurvivors, are taking their certainty about Ford’s account and extrapolating it to all accounts of all accusers. This tendency has campus echoes, too: The Obama administration’s well-intended activism on campus sexual assault resulted in reforms that went too far and failed to protect the rights of the accused.
The impulse to arrive at a predetermined conclusion is familiar to Samantha Harris, a vice president at the Foundation for Individual Rights in Education (FIRE). Harris says that under Title IX, students who report that they are victims of sexual misconduct must be provided with staffers who advocate on their behalf. These staffers should “hear them out, believe them, and help them navigate the process,” she said, but added, “When the instruction to ‘believe them’ extends to the people who are actually adjudicating guilt or innocence, fundamental fairness is compromised.” Harris says that many Title IX proceedings have this serious flaw. As a result, in recent years, many accused students have filed lawsuits claiming that they were subjected to grossly unjust proceedings; these suits have met with increasingly favorable results in the courts…
…The legitimacy and credibility of our institutions are rapidly eroding. It is a difficult and brave thing for victims of sexual violence to step forward and exercise their rights to seek justice. When they do, we should make sure our system honors justice’s most basic principles.
All true, but here is my question: How did we arrive at a place where any of what Joffe writes needed to be said at all?
One of the most disillusioning aspects of the epic 2016 Post Election Ethics Train Wreck, the worst and most damaging of them all, has been the serial disgrace of one profession after another as they abused their public trust, ethics codes, core values, and expertise. Psychiatrists, physicians, lawyers, journalists, academics, educators, judges, elected officials, pundits, journalists, law enforcement officials and more: so many have sided with partisan mobs when the nature and mission of what makes them valuable society demand that the professionals remain neutral and objective. Law professors have been particularly fond of disgracing themselves since President Trump’s election, and almost all of them are Democrats, so seeing over 2400 of them sign a statement that can stand as a warning to all against taking pronouncements from this particular group of legal academics seriously is hardly a shock. It’s still discouraging.
What is unethical, as well as dumb, about this stunt, for stunt it is? Let us count the ways.
1. It is grandstanding and virtue signaling designed to mislead the public, and seed further division, if that’s possible. Every one of these professors can have their own individual opinion about the Kavanaugh nomination, but it is no better, or more influential, nor should it be, than yours or mine. They seek to increase their influence by amassing thousands of personal and biased opinions into a single loud one masquerading as a professional opinion, which it is not.
2. The number 2400 is inherently misleading. This isn’t close to a majority of the law professors in the country. It’s not close to a majority of the Democrats and progressives in the profession. Most of the public, however, doesn’t have continuing relationships at law schools, haven’t worked for them, haven’t graduated from one, or taught at one, like, say, me. The petition is designed to deceive. There are more than 20,000 law professors in US Law schools. Now we know at least 10% appear to be unfit to teach law.
3. The letter is completely irrelevant. Nobody in the Senate cares what a group of liberal law professors want. No Senator is going to read this opinion and say, “Oh, no! I guess I better vote against Kavanaugh: a boatload of professors I’ve never heard of think I should!” Continue reading →
The cultural and societal chaos that has descended like a crazed raptor on America can be traced to, among other things, the deterioration and corruption of our elite educational institutions, which have abandoned their mission, education, for indoctrination, and their obligation, opening young minds, for the opposite: closing them. One of my alma maters, Harvard, has declared that it will punish male students for off-campus associations, and arrogantly insists that its policy of discriminating against Asian Americans for the benefit of African Americans is fair and necessary. Another, Georgetown, absurdly asserts that there is nothing inappropriate about employing a professor who proclaims her violent bigotry against men, whites, and those with whom she disagrees on political matters. At USC, a dean has announced that sanctions must be taken against a professor who remind students of basic principles of justice, such as the ensuring that those accused have due process and the presumption of innocence.
These are not cherry-picked anomalies. These are typical of what American higher education has become. I got another reminder while being stuck in an airport yesterday, which afforded me the opportunity to read the literary review “The New Criterion.” The October issue included an update on the ridiculous controversy at Yale, where a professor and his wife, a lecturer, were driven out of their jobs and the school because she opined that students needed to lighten up in their political correctness fanaticism regarding Halloween costumes:
Yale University quietly bestowed a Sterling Professorship, its highest academic position, on the sociologist and medical doctor Nicholas Christakis this summer. Many readers will remember the Christakis Affair. It unfolded early in November 2015 when Christakis, then the Master of Silliman, a residential college at that super-rich bastion of privilege and self-satisfaction, had the temerity to defend his wife Erika from an angry mob of students. Her tort? Suggesting in a public memo that college students be allowed to choose their own Halloween costumes…
An amateur video of the confrontation between Nicholas Christakis and that angry mob of students went viral. It is worth looking up. Christakis is a model of desperate restraint. In soft, reasonable tones, he explains that an academic community depends upon good will, and patience, and respect for alternative points of view. The trembling mob was having none of that. They shouted and swore and berated Christakis, exploding in a manufactured fury that was both alarming and contemptible. “I apologize, I’m sorry,” Christakis wailed at one point. Too late.
…The Christakises resigned from their position as heads of Silliman College. Erika left off teaching at Yale altogether. Nicholas, a highly decorated academic, took a sabbatical. Then Yale bestowed its “Nakanishi Prize” on two of the student ringleaders, Alexandra Zina Barlowe and Abdul-Razak Mohammed Zachariah—potential employers take note—for … “exemplary leadership in enhancing race and/or ethnic relations at Yale College.”
…Peter Salovey, the spineless president of Yale, responded to related student demands (made around midnight at his private residence) by shoveling $50 million to various “diversity” initiatives. Yale dropped the title “Master” because some illiterate students thought the word had racial rather than scholarly overtones. Salovey also convened (again, you cannot make this up) a Committee to Establish Principles on Renaming and a Committee on Art in Public Spaces to scrutinize the names of things at Yale and the university’s publicly displayed art for signs of political incorrectitude. Calhoun College, named for the U.S. Vice President and Yale alumnus John Calhoun, was changed because Calhoun not only owned slaves but thought slavery was a good thing. (So did Samuel F. B.Morse, for whom another Yale college is named, but Shh! don’t tell anyone.) Stained glass windows depicting slaves working in the fields were vandalized, others were hustled away for safekeeping, as were various sculptures: a bas-relief at the Yale Library, for example, which depicted a Pilgrim carrying a musket.
….Surmising, no doubt correctly, that the public appetite for outrage had moved on, Yale decided it was time to make amends to Nicholas Christakis and offer him the tasty sop of a coveted professorship. After all, deep down, Christakis was one of them, a paid-up member of the progressive brotherhood. He had been unexpectedly blindsided by an event that no one could have foreseen. Quietly, quietly, then, he has been rehabilitated and given an extra pat on the head. He is “deeply honored,” of course, and “eager to make [him]self useful to Yale’s mission.”
The worst and most frightening part of the tale is the ending. Christakis’s groveling capitulation, stating that he is deeply honored, and “eager to make [him]self useful to Yale’s mission” is the exact equivalent of the final line in “1984,” in which Winston accepts that he loves Big Brother. Continue reading →
I always play that clip when I need cheering up. It works, too.
1. How did we get to this sick, unethical and un-American place? The New York Times had an interview with America Ferrera in its book section. “Ugly Betty” was a long time ago, and I have no idea why Ferrera, a completely ordinary talent at best, has a career or is deemed important enough to warrant a profile, except that she is a professional Hispanic-American. The very fact that there are such celebrities and activists whose source of income is group advocacy is troubling, and she flagged an unethical quote that “inspires her” that is more unsettling still. She says,
“Brittney Cooper’s “Eloquent Rage: A Black Feminist Discovers Her Superpower.” It’s razor sharp and hilarious. There is so much about her analysis that I relate to and grapple with on a daily basis as a Latina feminist, particularly this point she makes: “When I talk about owning eloquent rage as your superpower, it comes with the clear caveat that Everyone is not worth your time or your rage. Black feminism taught me that. My job as a black feminist is to love black women and girls. Period.” I say hear, hear!”
“Hear, hear” WHAT? Cooper is essentially saying that only her tribes—women, race, nation of origin—are worth her time or care. This is an unethical point of view that feeds division, distrust and hate. Caring is a core ethical value that includes sympathy, empathy and beneficence. “I only care about people like me” is a selfish, ugly sentiment, and Ferrera is extolling it.
Until people like Ferrera and Cooper stop proclaiming sentiments that would be properly regarded as racist or sexist with a change of color or gender, the nation’s society will continue to be roiled by division.
2. From the “What were they thinking?” files: Now this sounds like a Saturday Night Live skit: Somebody had the brilliant idea of hiring Alex Trebek, the “Jeopardy!” host (after Art Fleming), to moderate the televised debate between Pennsylvania Gov. Tom Wolf (D) and his Republican challenger, Scott Wagner. Trebek is a smart guy and quick on his feet, but the problem is one of appearances rather than competence. Reducing a political debate to the status of a game show is the kind of foolish dumbing down and public misinformation that leads to distortions like a Senate confirmation hearing being called a “job interview.” The theory was that more people would watch the debate with a slick MC involved. Heck, why not go all the way? Use the cast of “Modern Family” or zombies from “The Walking Dead” to ask questions. Better yet, how about Kanye West?
To make things worse, Trebek seemed to think the debate was now about him, which isn’t too much of a leap, since the organizers didn’t hire him to do a Martha Raddatz impression presumably. After joking that the only thing with a lower approval rating than the Pennsylvania legislature was the Catholic Church, he decided to inform the audience about his own views, saying, “I was born and raised in the Catholic Church and I’m just as ticked off as everybody else is over what has happened with the church.When I was a young teenager I attended a Catholic boarding school run by the Oblates of Mary Immaculate. Two-hundred and fifty students, other boys and I, spent three years sharing the same accommodations 24/7 with 44 priests and not once in those three years was there any sexual misbehavior. Now boys are pretty sharp, we talk, we would have known. So I believe that there are Catholic priests out there who are able to minister to their congregations without preying — that’s P-R-E-Y — on the young people.”
Who cares what you think, Alex? The debate is supposed to inform us about the candidates.Continue reading →
Memory I: As a junior, I engineered an elaborate prank to steal a sofa from two classmates and friends who had swiped a sofa from two other students in their dorm. It almost worked, too: the pay-off was going to be when they visited our suite and saw their sofa there. The plan fell apart, and the original owners even got their sofa back.
Question: Should this episode, which technically involved attempted theft, disqualify me for some positions as an adult and professional?
The polls results:
Several commenters have admitted that their votes were tongue in cheek, so I don’t believe for a minute that there were really 13% of voters who believe that the episode when I was 20 should bar me from being an ethicist, a lawyer, or a SCOTUS judge, and needed to be investigated by the FBI. Just in case, however, I feel I should tell the whole, sordid story about what came to be called “The Great Sofa Caper,” and which is a tale told and retold at every reunion of my room mates.
It was the end of winter, and spring cleaning of sorts at the Harvard dorms. I lived in a suite at Lowell House with five other juniors, and was visiting friends and fellow classmates “Oscar” and “Felix” across the campus in the high rise dorms, Leverett Towers. “Oscar” was a theater friend who looked like a dissipated cross between Omar Shariff and Teddy Roosevelt; “Felix” looked like a pint-size Rodney Dangerfield. Shortly after I entered their abode, Felix said, “Hey, what do you think about the new sofa we swiped?” Indeed, prominently displayed in the main room was what appeared to be a very new, very nice, fully upholstered sofa.
“You swiped it?” I said, and Felix laughed. “No, I was just kidding. Some upperclassmen were changing rooms, and this was left out in the hall for anyone to take. Nice, eh?”
“You swiped it! That’s brand new! Nobody would throw that out. Come on!” I said. Indeed, furniture and other junk was often being left out for communal expropriating in such moves, but this seemed like wilful, contrived ignorance by my friends to me. Nonetheless, Felix and Oscar swore that they would never steal anything, and that the brand new sofa was abandoned property.
Right.
I went back to Lowell House deep in thought and ethics conflict, wondering what the right thing to do was. I couldn’t report my friends for what was, even if it was theft in the real world, pretty standard college silliness. Still, I felt this was excessive. Then I hit on my plan. It would be both a good practical joke and a lesson for Felix and Oscar. Continue reading →
Well, it wasn’t so good: the Red Sox lost the second game in a double-header to the hapless Orioles….
1. Tempted. I am considering posting the “Bad Guy” essay on Facebook. It is certain to upset people, a lot of them, some good long time friends. I don’t generally try to upset people, friends or not. The echo chamber on social media, however, has become unbearable, with the most extreme, unsupported, unsupportable, declarations from the dregs of the progressive talking points attracting likes and cheers, and no glimmer of perspective, objectivity, and certainly not ethics peeking through the muck. I guess I want to upset them, like you want to slap a hysteric, or throw ice water on two brawling drunks. Nothing I write will accomplish anything positive with people this infected with hate and bias.
I guess posting it would be unethical.
Right?
2. This shouldn’t even qualify as an “allegation.” The Times: reports that Julie Swetnick “said she witnessed Judge Kavanaugh… lining up outside a bedroom where ‘numerous boys’ were ‘waiting for their “turn” with a girl inside the room….Ms. Swetnick said she was raped at one of the parties, and she believed she had been drugged. None of Ms. Swetnick’s claims could be independently corroborated by The New York Times, and her lawyer, Michael Avenatti, declined to make her available for an interview…. Unlike two other women who have accused Judge Kavanaugh of sexual misconduct, one who went to college with him and another who went to a sister high school, Ms. Swetnick offered no explanation in her statement of how she came to attend the same parties, nor did she identify other people who could verify her account…. In her statement, Ms. Swetnick said that she met Judge Kavanaugh and Mr. Judge in 1980 or 1981 when she was introduced to them at a house party in the Washington are… She said she attended at least 10 house parties in the Washington area from 1981 to 1983 where the two were present. She said the parties were common, taking place almost every weekend during the school year. She said she observed Judge Kavanaugh drinking ‘excessively’ at many of the parties and engaging in ‘abusive and physically aggressive behavior toward girls, including pressing girls against him without their consent, “grinding” against girls, and attempting to remove or shift girls’ clothing to expose private body parts. I also witnessed Brett Kavanaugh behave as a “mean drunk” on many occasions at these parties.'”
If the allegations are true, there must be many, many other witnesses. Where have they been all these weeks? And why would she go to “at least 10 house parties” if they were as she described? The NYT suggests there’s a gap in the account because Swetnick doesn’t say how she got to go to the same parties as Kavanaugh. We’re told Swetnick grew up in Montgomery County, Md., and graduated from Gaithersburg High School — a public school — in 1980 and attended the University of Maryland. That puts her in a less elite crowd. She’s also 2 years older than Kavanaugh and graduated from high school 3 years before he did, so it makes it a little hard to picture them at the same parties. Did older, state-college women go to parties with prep school boys years younger than them? If they did and the boys raped them, repeatedly and systematically, how could the boys get away with it, and why are there not many more women coming forward with the same allegations? And why are we getting this through Michael Avenatti?
In “Falling Down.” a movie I like better every time I see it (or think about it), Michael Douglas plays a man who snaps, Sweeney Todd-like, and begins shooting people after the collective injustice, meanness, cruelty, stress and stupidity of daily life becomes unbearable. Finally cornered, he hears a law enforcement officer demand his surrender. “I’m the bad guy?” he says, in a stunning moment of self-awareness. “How did that happen?”
We’re still waiting for that moment of self-awareness from the Left. How it happened in their case is a matter of historical record: accumulated arrogance, cynicism and the rejection of their own ideology’s core principles–you know, liberalism?—did the trick. What was left was pure power-seeking, anger, hate, and “the ends justifies the means,” the “ethic” of fascism and totalitarianism.
When the metaphorical ethics Rubicon was finally crossed could be debated. For me, it was when Hillary Clinton, confident of her historic landslide victory, lectured designated loser Donald Trump about how despicable and un-American it was for him to hint that he might not accept the legitimacy of her election as President. Then, as soon as he was the victor, Clinton, her party and all of its followers proceed to challenge the legitimacy of his election—and have continued to do so in various ways ever since.
The fact that this exacerbated dangerous national divisions, endangered the Constitution and undermined the ability of an elected President to govern didn’t, and apparently doesn’t, faze them at all. Patriotic Americans, fair human beings, ethical people and the “good guys” don’t behave like this. It is signature significance for bad guys.
Now, I certainly knew that electing a walking ethics vacuum like Donald Trump would rot the culture’s values, as I warned here repeatedly. I did not anticipate that the primary agents of turning the U.S. into a nation of assholes would be the Left. I assumed that they would hold the values line as best they could, and not challenge the President in a race to the bottom of the barrel, much less win it. All they needed to do was to uphold traditional standards of justice, honesty, civility, respect for institutions and integrity to ensure that Trump, at worst, would be a short-term aberration. Or, as Glenn Reynold likes to say, all they needed to do was not act crazy. They couldn’t do it.
The Left has rejected freedom of speech, accepting the often violent efforts of college students to threaten and silence speakers whose views they regard as “hate speech.” It has opposed the rule of law in immigration policy, labeling the essential sovereign function of controlling borders as “racism.” It has advocated dividing society into favored and disfavored groups Women must be “believed”; men must be presumed guilty; police must be presumed racist.
There are too many examples to cover in less than a book; I think Ethics Alarms has dealt with most of them. The current low point, however, is the issue at hand: the Kavanaugh nomination. Only the fact that the Left and its biased allies in their misguided quest, the news media, have so thoroughly corrupted their sympathetic followers among the public can explain why there isn’t a mass declaration of outrage. I’m still surprised and disappointed. I thought my liberal friends had more integrity. This is the lowest of the low, and the terrifying question is what the next low point will be.
Sticking only to what Ethics Alarms designates the Brett Kavanaugh Nomination Ethics Train Wreck, one has to wonder what more documentation the Left needs to spark its collective conscience and to arrive at the same conclusion as “Falling Down’s” tragic hero. This debacle began with the Left, all components, announcing its monolithic opposition to a qualified judge who would have been overwhelming approved under any other administration, in any other era. The very left-leaning ABA Standing Committee on the Federal Judiciary gave its highest rating to Kavanaugh. Never mind: the Democratic Party commenced a campaign of fear-mongering, insisting that in some case not yet in existence, the judge, who has been vocal in his support of stare decisus (following well-established SCOTUS precedent), would join with the so-called “conservative” wing of the Court to overturn Roe v. Wade.
This convenient prognostication was enough to lead to angry demonstrations by feminists and pro-abortion activists who had never read a Kavanaugh judicial opinion in their lives, and probably no SCOTUS decisions either. The tactics of the Left here were intimidation and misrepresentation, as well as revenge, tit-for-tat, or what Ethics Alarms sometimes calls “Mob Ethics.” Call attention to the treatment of Kavanaugh—it was Barack Obama who pointed out that elections have consequences, after all—and, failing to locate a legitimate defense, the social media Left’s reflex argument was “Yeah, well what about Merrick Garland?”
Of course, Ethics 101 teaches that past unethical conduct does not make unethical conduct in response less wrong, but the two strategies are not equivalent, legally or ethically. No one set out to slander and smear the character of Garland to justify doing what they had already made up their mind to do. The approach of the Democrats—decide that you want an opponent removed, so seek to find an allegation, an incident or an accuser to make that removal possible, is the opposite of what our legal process requires. Starting out with the presumption of guilt and then using the power of the prosecutor to search for a crime to pin on a target is a fascist strategy (and exactly the Democratic/”resistance” plan to undo the 2016 election by removing President Trump), and an unequivocal violation of prosecution ethics, as well as fairness and justice.
It does embody “The ends justify the means,” however: the motto of all Bad Guys in fiction and history.
Despite its own history of having the excesses of the #MeToo witch hunt mentality bite hard—Senator Al Franken was forced to resign primarily because of his pre-Senatorial conduct as a comedian before any due process or investigations—an old, old allegation of sexual misconduct was the chosen weapon for Kananaugh’s destruction. First, the discovered 30 year plus memory of another liberal professor, Christine Blasey Ford, doing her Anita Hill impression was deliberately held for two months by Senator Feinstein, thus preventing Kavanaugh from responding to them in a non-ambush scenario. Bad guys.
The tactic was unfair and cynical, based solely on the Democratic desire to run out the clock on Kavanaugh’s confirmation so maybe a “blue wave” could give the Democrats a Senate majority. As the Ford scenario has developed, the intent of stalling has become increasingly obvious. At the same time, Democrats and their propaganda machine in the media began making the case that any attempt to defend himself would by itself make Kavanaugh unfit to serve. After all, even women making three decades old accusations at the last minute to derail the confirmation of a qualified jurist deserve respect. Anyone, even the target of her attack, doubting her words or motives would obviously be a sexist pig, and an apologist for rapists. This is what the Democrats now regard as justice. It’s also the kind of double bind, heads you lose, tails I win process favored by James Bond villans.
Bad guys.
Meanwhile, not a thought has been given, apparently, to the disastrous long-term consequences to the political process, society and the culture if the Blasey Ford scheme is successful.:
High school conduct will now be considered legitimate cause to punish adults and impugn their character long after they have established and earned public trust. No longer will any quarter be given for bad judgement and poor choices before majority.
No man, anywhere, will be safe from old grudges, newly “woke” indignation, and accusations by women times perfectly to undermine trust and support.
The standard will now be that anyone—well, any man— accused of sexual assault must be presumed guilty, and has the burden of proof of proving a negative. Two columnists for the New York Times have endorsed this standard, as well as various Democrats and activists. The accusation is enough even if it is unsubstantiated. This doesn’t even have the Salem safeguard of throwing the accused witch into the lake (Sink, and you’re innocent, though dead. Float, and you’re a witch…and soon to be dead.)
Women, and only women, will have been granted the power to destroy lives, careers and reputations. They will use it.
American society, already dangerously divided along racial, generational, regional and partisan fissures, will be more divided along gender lines as well.
It threatens Republicans now, and Democrats tomorrow. It will threaten even those who don’t give two figs for politics and see all such talk as lies told by knaves to fools.
What we are seeing are founding American principles being swept — among them the presumption of innocence and the rights of the accused — to feed the appetites of power politics
That’s what Kavanaugh is dealing with, having to testify and defend himself against uncorroborated allegations of sexual predation 36 years ago, when he was in high school and in his freshman year of college.
The short-term politics of all this is quite clear, a movement led by cynics and assisted by their handmaidens in the Democratic Media Complex.
It is designed to convince suburban women voters that Republicans are hateful creatures, help Democrats pick up congressional seats in the November midterm elections and do away with President Donald Trump.
But look deeper and you’ll see something else.
The sweeping away of traditions that have been carefully nurtured from the founding of this nation, to protect individual liberty and shield us from the passions of the mob.
Without these principles, we are no longer a republic.
Kass’s analysis isn’t some novel theory. It’s essentially the same thing I have been writing since Democrats and “the resistance” plotted to defy the Electoral College. But all of this is tolerable, apparently, if a theoretical future SCOTUS opinion in a non-existent case that might restrict the possibly too wide-ranging rights of a woman to kill her unborn child for any reason or whim can be prevented by destroying the reputation of the presumed decisive vote in that future case.
Sounds like SkyNet’s plan in “The Terminator,” doesn’t it?
The latest news from the Brett Kavanaugh Nomination Ethics Train Wreck would have Michael Douglas’s character begging, “Enough! Enough! I get it! I’m the bad guy!” halfway through the list….but then, he had some integrity. For example: Continue reading →
1. Hotel ethics. My hotel in Boston happily offered a bargain rate, but didn’t explain why they had a bargain rate: it is under remodeling and construction. No restaurant. “Hinky” cell phone service (translation; cell phone calls cut off mid call. Also, the remodeled rooms have some bugs to work out. I thought I was going crazy because I couldn’t find an outlet for my computer by the desk. Oops! It’s across the room, in a dark corner. The desk clerk had to hunt for it. “I guess we have to fix that,” he said, abashed. I guess.
Hotels under construction never tell you they are under construction, but they have nice “pardon our dust!’ signs, and others that say, “We are making a better hotel experience!” Maybe for the guests next month, but I’m here now.
2. “Just when I thought I was out… they pull me back in!” [ Is this the most famous and useful quote from a really bad movie?] I really thought, stupid me, that the conduct of Democrats and “the resistance” in the Brett Kavanaugh Ethics Train Wreck couldn’t get any more unethical or revolting after my long update post this morning. After all, it’s a Sunday! Don’t the Unethical rest? Obviously not:
Senator Mazie Hirono (D-Ha) wrapped up an Incompetent Elected Official of the Month award on Sunday by telling a stunned Jake Tapper that she didn’t believe conservatives deserved a presumption of innocence, or, apparently, due process. But these are the un-American totalitarian values that progressives are promoting today. Does the public understand what this will mean for the country?
Asked by Tapper if she would concede that Kavanaugh deserves to be proven guilty before he is presumed guilty, Hirono said that a conservative judicial philosophy reduces his credibility. “I put his denial in the context of everything that I know about him in terms of how he approaches his cases,” Hirono said.”His credibility is already very questionable in my mind. … When I say that he’s very outcome-driven, he has an ideological agenda, and I can sit here and talk to you about some of the cases that exemplify his, in my view, inability to be fair.”
Would that Jake, who is one of the fairer broadcast journalists, had the guts and integrity to ask, “Wait—your party ran Hillary Clinton, who helped get her husband elected by intimidating his sexual assault victims, your party lionized Senator Kennedy, who left a young woman to drown rather than deal with questions regarding why he was with her late at night on a remote road, your party’s deputy chairman has been credibly accused of domestic abuse, Harvey Weinstein was one of Hillary’s major contributors in 2016, and you’re saying that Judge Kavanaugh’s credibility is questionable? And you’re arguing that a judge with no blemishes on his record should be presumed guilty because he’s not fair? Do you not see the irony in that?” [Pointer: Zoltar Speaks!] Continue reading →
I have some major ethics issues to explore in other areas, and oh how I wish this one would go away...
1. As predicted, conservative gadfly Ed Whelan woke up, slapped his forehead, and, perhaps after talking to his lawyer (though he is one), decided that he needed to apologize, and quick. Thus he tweeted,
“I made an appalling and inexcusable mistake of judgment in posting the tweet thread in a way that identified Kavanaugh’s Georgetown Prep classmate. I take full responsibility for that mistake, and I deeply apologize for it. I realize that does not undo the mistake.”
As apologies go, this is an excellent one. Unfortunately, it does not undo the mistake, and the mistake was so egregious and obvious that, as Whelan knows, the fact the he would make it undermines his authority and credibility. People have come back from worse, but not often, and it isn’t easy. It shouldn’t be easy. Then there is the fact that his victim has a very strong case for a defamation law suit.
2. The question now is whether any currently recognized standards of fairness or justice excuses rejecting Judge Kavanaugh on the basis of the evidence. A left-tilting professor, Christine Blasey Ford, has stated that she and four other people attended a small party over thirty years ago, during which which she was allegedly assaulted by a 17-year-old Brett Kavanaugh. Three of those people, PJ Smyth, Mark Judge, and Kavanaugh, have no w said that they have no recollection of attending such a party or of such an incident. Last night the fourth “witness,” a classmate of Ford’s at Holton-Arms named Leland Ingham Keyser issued a statement denying any recollection of attending a party with Brett Kavanaugh.
“Simply put, Ms. Keyser does not know Mr. Kavanaugh and she has no recollection of ever being at a party or gathering where he was present, with, or without, Dr. Ford,” lawyer Howard J. Walsh said in a statement sent to the Senate Judiciary Committee. Keyser is not, like Mark Judge, a likely Kavanaugh ally. In fact, she is is reportedly a lifelong friend of Ford’s.
Thus this is no longer a “she said/he said,” but a she said/ he said, and he said, and she said, and she said. Those who say “We believe Christine Blasey Ford” have no ethical or logical basis for doing so, just gender bias, a partisan agenda, and political animosity toward Kavanaugh. If it were a legal case, this one would be dropped as potentially embarrassing and a travesty of justice.
“Garrett was one of several temporary staff brought on to assist in the committee’s consideration of the Supreme Court nomination, a team that has done outstanding work,” a Judiciary Committee spokesperson said in a statement. “While he strongly denies allegations of wrongdoing, he decided to resign to avoid causing any distraction from the work of the committee.”
I see no reason not to expect that in due time, every male politician, commentator, lawyer, judge, journalist, business executive and crossword puzzle champion will have one or more past allegations of sexual harassment or other sex or gender-related misconduct in their past, present or future, and since all women must be believed on this particular topic, the males will be permanently handicapped in any career or life objective they pursue. I have been scrupulously respectful of women in my personal and professional life since before I could vote, but I have been forced to try to imagine any incident as far back as high school that could be re-interpreted as nouveau sexual misconduct by a long-forgotten acquaintance or object of lust who wants to harm me. So far, I can’t think of any, nor of anyone in my past so full of hate and ideological mania that she would do such a thing. But today people are trying to ruin baseball players using tweets they authored in their teens. Actors have been suspended or lost jobs based on unsubstantiated accusations, and other performers have seen themselves turned into unemployable pariahs for expressing views about #MeToo a lot milder than some of my ethics posts. The idea is to make people afraid to talk, write, or think.
1. Oh! You’re bigots and fools, then!Got it. I was watching a mob of—I don’t know, feminists? The “resistance”? chanting yesterday at the Senate: “I believe Anita Hill! I believe Blasey Ford!” I believe that the only reasonable translation of this particular chant—all chants make protesters sound dumb, some chants more than others; at least this one doesn’t start with “Ho ho, hey hey!”—is “I believe whatever story supports my political agenda, and I believe people according to what they are, rather than based on any objective criteria!”
I guess it’s not sufficiently catchy.
2. In case you aren’t nauseous enough...Former NFL quarterback Colin Kaepernick will be one of the eight honorees of Harvard University for their contributions to black history and culture, the university announced yesterday.
Kaepernick, distinguished for his incoherent on field protest during the national anthem, instantly setting off the NFL’s version of #MeToo, as in “I want make my own pointless, annoying protest that I can’t adequately explain!,” thus costing the NFL fans and billions of dollars, will receive the W.E.B. Du Bois Medal from Harvard’s Hutchins Center for African and African American Research. The deliberately divisive honor to Kaepernick, who favors socks with cartoons of pigs in police uniforms, is apparently the work of Henry Louis Gates Jr., director of the Hutchins Center and Barack Obama pal. You may remember Professor Gates as the race-baiting catalyst for Obama’s “beer summit,” after Gates impugned the character of a Cambridge police officer. No personal agendas here!
The award supposedly honors individuals who “Emerging from a variety of backgrounds and professions…represent the quest for knowledge, freedom of expression, and pursuit of truth that are foundational to black history and culture, and that were foundational to Du Bois as a thinker and activist.”
Yup, that sure sounds like Colin Kaepernick!
3. Ed Whelan, call your ethicist! Ed Whelan, an attorney and president of the conservative Ethics and Public Policy Center, upped the craziness quotient in the Kavanaugh confirmation process and took a First Class seat on the Brett Kavanaugh Nomination Ethics Train Wreck by announcing that Ford’s accusation from three decades ago was based on mistaken identity, and that another student, whom Whelan named and thoroughly doxxed, along with publishing his yearbook photo, was the real alleged assailant.
Well, you can’t just accuse a random private citizen of sexual assault, or even alleged, unsubstantiated sexual assault while a drunken high schooler. I know Ed went to Harvard College and Harvard Law School, but even then, he’s no idiot. I have to believe that this isn’t just an unfounded accusation, because Ed knows that he’s asking for a lawsuit if it is. He wrote:
“By one week from today, I expect that Judge Kavanaugh will have been clearly vindicated on this matter. Specifically, I expect that compelling evidence will show his categorical denial to be truthful. There will be no cloud over him.”
Whelan has to deliver on a statement like that, or have his own reputation permanently scarred. The only explanation I can come up with is that Kavanaugh’s twin has already agreed to admit to being at the infamous party and having some kind of episode involving Ford. Of course, there will be no reason to believe him, either.
Still, I may go to the Senate and chant, “I believe Brett Kavanaugh, I believe his secret twin!”
Ethics Alarms 