Ethics Alarms Award Nominee

Vermont Crosses The Line: When Government Is Cavalier About Restricting Our Liberty, It’s Time To Push Back

/ Jack Marshall / 53 Comments

Right wing pundit Sarah Hoyt has been at the forefront of those arguing that it would be better and safer to accept the risk  of more deaths from the Wuhan virus than to allow state governments to behave like police states. So far, I have thought she was wrong and unduly paranoid, but Vermont’s latest action has me agreeing with her response, which was, “I’M SORRY. ARE THE PEOPLE OF VERMONT ALL OUT OF MIDDLE FINGERS?”

From the Burlington Free-Press (Bernie Sanders was once mayor of Burlington. That’s just something to keep in the back of your mind, as this episode suggests the slow but deadly spread of the Totalitarian Left Virus, which may eventually need to be called “the Burlington Virus”):

Large Vermont retailers such as Target, Walmart and Costco are now required to limit the sales of non-essential items in order to mitigate the spread of COVID-19. The directive was announced by the Agency of Commerce and Community Development on Tuesday. The agency hopes it will reduce the overall number of people going into stores to purchase items such as clothing, electronics and toys during the state’s “Stay Home, Stay Safe” executive order.

“Large ‘big box’ retailers generate significant shopping traffic by virtue of their size and the variety of goods offered in a single location,” said Lindsay Kurrle, secretary of the Agency of Commerce and Community Development in a news release.  “This volume of shopping traffic significantly increases the risk of further spread of this dangerous virus to Vermonters and the viability of Vermont’s health care system.”

Retailers are being asked to promote online ordering, delivery and curbside pickup to customers….

The order is here. Continue reading →

Comment Of The Day: “Mid-Day Ethics Stimulus, 3/31/2020: Dunces, Heroes, Hacks And More”

/ Jack Marshall / 7 Comments

Veteran commenter Michael  Erjecito’s comment on another post about the pandemic included the line, “When this emergency ends, we will give back all powers, without exception.” Chris Marschner used that statement as his departure point in this Comment of the Day on a separate EA post, Item #4 under the title above, which involved Governor Ralph Northam’s “order” restricting the freedoms of  Virginians. Since I had started a post on the topic of draconian government restrictions that are Constitutionally questionable, I was grateful to see Chris had attacked it with his usual verve.

Here is Chris Marschner’s Comment of the Day on the post, “Mid-Day Ethics Stimulus, 3/31/2020: Dunces, Heroes, Hacks And More”:

I am beginning to believe this event is a government dress rehearsal for a much more draconian event later on. One must test the limits of what the public is willing to endure from governmental decrees lest we see the people charging the statehouses with torches and pitchforks.

Ok, enough of my melodrama. But the quote above is indicative of the risk of a different type of loss well after this virus disappears.

I keep hearing that Trump ignores science or that he relies on hunches and not data to make quality decisions. Well at 8 pm yesterday, Maryland Governor Larry Hogan (R) issued the stay at home order or face fines of $5,000 and/or a year in jail. In that decree, there is absolutely no mention as to the scientific data that he used to trigger the order and thus there is no data to indicate when he would lift the order.

 There is also no specific data-driven rationale for a Stay At Home order when all types of recreational activities are allowed as long as they are in groups of 10 or fewer. How exactly does the data suggest that grocery stores filled with hundreds of people crowding the aisles will cause less of a problem than a non-essential service like a mom and pop jewelry store or a scuba shop that usually have fewer than 10 people in it any given time? Why is it that the data supports Home Depot and Walmart being allowed to sell non-essential goods because they are allowed to stay open because they offer other essential goods such as repair items, food, and medicine but a comic book bike shop or video-store must shutter its business?

My point is that for all the claims that decisions are data driven I would wager most decisions are driven by political calculus not necessarily on epidemiological considerations.

Furthermore, if we are to use data to drive decisions, that data must be understood by all in order to ensure that the people subject to the restrictions imposed will know if the government is abusing its governing powers. The terms of these orders should spell out specifically the triggers that cause regulatory restrictions and when those restrictions MUST be rescinded; these restrictions cannot be open ended and without definition.

The only data that we hear is the 2.2 million deaths that could have occurred had nothing been done, and Dr. Fauci’s equivocating statement that maybe as many as 200,000 might die – but don’t hold him to that—and, the ongoing death watch clocks prominently displayed on all the network news shows and web search engines. We never hear why this decision is made or why we are not doing something that some believe might be helpful. Tell me: are the anti-malarial drugs something to be considered as a treatment or a prophylaxes; neither or both? I suppose drugs are worthwhile and can be used off label with some effectiveness so long as they are not suggested by Donald Trump.

We cannot use infection growth rates as growth rates as a trigger because they may be much higher initially with low absolute numbers. Going from 10 cases to 30 cases an increase of 20 cases is a 300% increase but going from 100 cases to 120 cases is only a 20% increase. Then the issue is where are the cases occurring? Should a county with few infections be subject to the same restrictions as a highly populated hot spot?

I do wish the media would stop confusing the public by switching between growth rates, absolute numbers and per capita values. When the press states that on a per capita basis the US lags other nations in testing, that suggests we are not doing enough even if we have tested three times the amount of others. Growth rates don’t mean beans if you don’t have a basis from which to measure. Growth rates and absolute values must be used in tandem to make them meaningful.

Many in the media and some within our commentariat believe there has been an abysmal failure at the federal level to adequately plan for such a pandemic. NO, the Governors and legislatures of the respective states have been an abysmal failure at preparing for such an emergency. In my state, Maryland, we have the Office of Emergency Preparedness.  (https://preparedness.health.maryland.gov/Pages/About.aspx)

How prepared is Maryland Governor Hogan?

On the Resources page there is not one mention of the Covid-19 virus under infectious threats. We are still mentioning Middle East Respiratory Syndrome (MERS), Ebola, and Zika but all is quiet on the Chinese Flu front.

Is the reference to MERS a bigoted and racist term? I did not consider the others to have racist connotations because how many Americans know Ebola is named after a river in the sub-Saharan Africa and the others after other places in Africa. Our governor seems to be at odds with his own departments. We are prepared for any eventuality according to our state team. They say so!

https://preparedness.health.maryland.gov/Pages/Resources.aspx:

IS THE DEPARTMENT OF HEALTH PREPARED? Yes! The Department of Health Office of Preparedness and Response prepares in a variety of ways:

• Maryland Influenza Plan and Pandemic Influenza Plan
• Pandemic influenza exercises for emergency personnel
• Partnering with local, state, federal, and private agencies to prepare for, prevent, and lessen the impact of a flu pandemic
• Maintaining a stockpile of antiviral medications and medical supplies ( WHERE ARE THEY?????)

From their web pages we find that their preparedness program is merely a funnel for federal funds.

The mission of the Hospital Preparedness Program is to support and enhance the ability of hospitals and health care systems to provide effective care and save lives during emergencies. The Office of Preparedness and Response receives annual federal funding to advance these goals and objectives. The Maryland Department of Health awards these funds in the form of grants to our health care system partners across the state (including hospitals, free-standing emergency departments, emergency medical services, community health centers, and home care and hospice agencies). Health care system partners utilize the Hospital Preparedness Program funds to enhance their ability to prepare for, respond to, and recover from emergencies that pose a threat to the health and safety of the community. Continue reading →

April Fools Free Zone Ethics Warm-Up: Everything You Read Here Is Real, Unfortunately.

/ Jack Marshall / 59 Comments

Happy Day Like Any Other Day.

Well, not “happy,” exactly…

I’m on record on Ethics Alarms as detesting April Fools Day, as well as regarding April Fools stunts by professionals, like lawyers and journalists, unethical though usually not sanctionable. It should be a children’s day, like Halloween, but adults are determined to co-opt all such days, ruining it for everybody.

1. I lost a good friend yesterday. It’s more than that really: the human race lost one of its finest representatives. His name was Dennis Nollette; he was a lawyer, a writer and a bon vivant, but most of he was one of those amazing people who made you feel good just by being around him. I knew him in laws school, where he was my room mate for a year; he also was a member of the casts of the three productions I staged when I was a student. Since graduation, I think I saw Dennis six times, never for long, but with him it seemed like the time melted away: he was always the same, always emitting his powerful positive energy, optimism, and love for those around him, and I always felt as close to him as ever.

And just like that, he’s gone. There was no warning; it all happened so fast. All I have now is an overwhelming feeling of loss, along with an acknowledgment of my duty to let as many people as possible know that he was here, that he made the world a better place by being here, and that those of us who remains should follow his example by making the best out of life, and encouraging others to do the same by our example. That was Dennis’s genius, and attention must be paid.

2. Maybe the Constitution IS a suicide pact…Justice Robert H. Jackson’s  famous line in his dissenting opinion in Terminiello v. Chicago, a 1949 free speech case, has come to mind many times in the past few weeks, as the news media and online sources have churned out some of the most irresponsible and outrageous essays in memory, many of them about how this period will “change America forever,” usually in undesirable ways.  90% of these screeds are nonsense and based on flawed reasoning. My current leader for the worst idea is this piece, by conservative gadfly Roger Simon: “Should We Postpone the Presidential Election One Year?”

It’s an incompetent question. Not only shouldn’t we, we can’t, and any suggestion from Republicans that we ought to even think about it would be instantly condemned as the attempted dictatorship by Donald Trump that Big Lie #3 has warned us about.  We also know that if the President did get an extra year, it would spent all of it defending himself against one impeachment attempt after another. Continue reading →

KABOOM! How Does Someone This Ignorant Of The Law Rise To This Level Of Law Enforcement?

/ Jack Marshall / 20 Comments

Oh, fine. I get up, still groggy, from a perfectly lovely nap, my defenses are down, I’m still savoring that dream where Mookie Betts, Chester A. Arthur and Danny Kaye drop by with some macaroons, and what is the first thing I read?

This–and

KA-BOOM!

There goes my head, all over my office and this transcript I have to read in ten minute increments because it’s so boring. Oh, thank you, thank you so much, City of Seattle and your  ridiculous Chief of Police, Carmen Best! Continue reading →

Mid-Day Ethics Stimulus, 3/31/2020: Dunces, Heroes, Hacks And More

/ Jack Marshall / 27 Comments

I’m stimulated!

And you?

1. Maybe not the wisest move, but ethical… Rep. Tim Burchett (R-Tenn) shared  his cell phone number on Twitter for anyone who needed to discuss their fears about the impact of the Wuhan virus. “If [you’re] feeling overwhelmed or scared and just want to talk to somebody give me a call,”  said. “We will get through this together.”

He added, “I know everybody’s under a lot of pressure with what’s going on with the Coronavirus. If you’re feeling all that pressure and it’s getting to you…I know in the last little bit here we’ve had nine people in our community taking their life. That’s a horrible, horrible thing, somebody taking their own life. If you feel like you’re going to hurt yourself or maybe hurt somebody around you, why don’t ya’ll just call me. Let’s talk.”

2.  I know this is an unpopular position, but it’s not the first time I’ve explained it. CNN’s Brooke Baldwin was overcome with emotion as  she interviewed a woman who’ had been unable to say goodbye to her mother in person before she died of the Wuhan Virus. Baldwin is an unprofessional hack. In recent years, alleged professional journalists, especially on CNN, have allowed their emotions to influence their reporting. This results in a form of editorializing, and the practice demonstrates how much today’s journalists see themselves as performers rather than objective communicators of information.

Admittedly, this kind of interview is designed to bring out the Kleenex,  but CNN lets its hosts display grief when a favorite candidate loses (like Hillary Clinton), glee, when a figure they don’t like is abused (Carol Costello chuckling at a recording of Sarah Palin’s daughter breaking down)  or anger when a political figure  doesn’t toe the progressive line. (Don Lemon, more or less constantly.) It’s hackery.

3. And today’s Covidiot is...Pastor Rodney Howard-Browne of The River Church in Tampa, a so-called “mega church” that held a service over the weekend in which over a thousand worshipers  were “squeezed in like sardines,” as one reporter described it. Howard-Browne had said that he would defy the restrictions imposed by the state and county to stem the threat of the  worldwide pandemic. “We are not stopping anything. I’ve got news for you, this church will never close. The only time the church will close is when the Rapture is taking place,” the reverend said.

Following the service, a warrant for his arrest was issued. He is now in custody.

4.  Hmmmm...Here are Governor Ralph Northam’s exceptions to his “order” regarding the stay-at-home restrictions in Virginia:

a. Obtaining food, beverages, goods, or services as permitted in Executive
Order 53;

b. Seeking medical attention, essential social services, governmental
services, assistance from law enforcement, or emergency services;

c. Taking care of other individuals, animals, or visiting the home of a family
member;

d. Traveling required by court order or to facilitate child custody, visitation,
or child care;

e. Engaging in outdoor activity, including exercise, provided individuals
comply with social distancing requirements;

f. Traveling to and from one’s residence, place of worship, or work;

g. Traveling to and from an educational institution;

h. Volunteering with organizations that provide charitable or social services; and

i. Leaving one’s residence due to a reasonable fear for health or safety, at the direction of law enforcement, or at the direction of another government agency.

Aside from the fact that some of this would be vulnerable to constitutional challenges—those will come later—why is traveling to and from churches permitted, if church services are per se prohibited? Why is traveling to and from schools an exception, if all schools have been ordered to close? Why is visiting a relative permitted, but not a close friend? A best friend? Your only friend? Do only blood relatives count? In-laws? Seventh cousins twice removed?

The order seems arbitrary and hastily composed. Laws that infringe on civil rights cannot afford to be like that, if they want to withstand eventual court challenges, or even if they just want to be coherent.

5. Ugh. Mike Lindell, the My Pillow infomercial hustler whose TV ads have been banned at my house, was a guest at the White House Task Force press briefing yesterday.  He explained that his company was  devoting 75% of its manufacturing capacity into making face masks. Then he asked if he could add something, and President Trump said “Okay.”

Well, what choice did he have? The guy has volunteered to do a public service. He has cultivated the image of a nice person. If the President had said, “No, Mike. Sorry. We’re moving on,” he would have looked ungrateful. However that is exactly what Trump should have said. It’s not worth the risk.

Embodying a worst case scenario, Lindell said,

God gave us grace on November 8th, 2016, to change the course we were on. God had been taken out of our schools and lives. A nation had turned its back on God. And I encourage you: Use this time at home to get — home to get back in the Word, read our Bibles, and spend time with our families. Our President gave us so much hope where, just a few short months ago, we had the best economy, the lowest unemployment, and wages going up. It was amazing. With our great President, Vice President, and this administration and all the great people in this country praying daily, we will get through this and get back to a place that’s stronger and safer than ever.

Ethics foul. It was not Lindell’s place to engage in religious grandstanding and a political endoresment, however sincere it might be. This wasn’t a political rally, nor a time for religious proselytizing. It also, once again, painted a target on the President, who responded,

That’s very nice. Thank you very much. Thank you, Mike. Appreciate it…. I did not know he was going to do that, but he’s a friend of mine, and I do appreciate it. Thank you, Mike, very much.

At that point, I don’t know what else he could say.

 

Monday Morning Ethics, 3/30/2020: As Another Fun Week Looms…

/ Jack Marshall / 19 Comments

Yes, I’ve been thinking about this episode (“The Shinning”) of “The Simpsons” a lot lately…

Of course, in my case, I’m writing on the walls, “No baseball, no seminars make Jack Go Crazy!”

1. And speaking of people going crazy: the various anti-gun mayors and governors who are arguing that gun stores are “non-essential” are displaying their irrational Second Amendment phobia, much like Ohio and Texas attempting to prohibit abortions as “non-essential” surgery. The ability to self-arm is more essential at times of social disruption than usual. Looting and attacks on homes are just around the corner as resources dwindle and people become desperate, and we already have plenty of evidence that irresponsible, anti-social and unstable members of the public are not as rare as we might wish. The comparisons of the Wuhan virus crisis to zombie scenarios (as in “World War Z”) are invitations to hysteria, but in one respect the analogy is apt. Guns are useful tools to have around in both situations.

2. Good. From CNN:

The Justice Department has started to probe a series of stock transactions made by lawmakers ahead of the sharp market downturn stemming from the spread of coronavirus, according to two people familiar with the matter. The inquiry, which is still in its early stages and being done in coordination with the Securities and Exchange Commission, has so far included outreach from the FBI to at least one lawmaker, Sen. Richard Burr, seeking information about the trades, according to one of the sources. Public scrutiny of the lawmakers’ market activity has centered on whether members of Congress sought to profit from the information they obtained in non-public briefings about the virus epidemic.

And if this causes the Republicans to lose control of the Senate, they deserve it. Burr, in particular, should resign now. He should not be allowed to run for re-election.

3. I would think that this is a slippery slope we don’t want to get on… Continue reading →

Comment Of The Day: “A Brief But Significant Addendum To “I’ve Looked And I’ve Tried And I Believe In Civility, But The Only Fair Descriptive Word For These People Is ‘Asshole’”

/ Jack Marshall / 9 Comments

Steve-O-in-NJ has given us his thoughts on the continuing assault on the President of the United States as he does his best to deal with the unprecedented Wuhan virus crisis. (Reader Pennagain has expressed a preference for “Pangolin virus.” The prejudice against scaly anteaters is wide and deep, and when we start hearing reports of thugs beating up pangolins while shouting anti-pangolin slurs, we’ll know who to blame. )

The inspiration for Steve’s Comment of the Day was Hillary Clinton’s mocking tweet that put her on the current Ethics Alarms Asshole List, though I’m not sure she ever left it. I’ll also mention here that no less a luminary than John Kerry has apparently joined those of us who believe that “asshole” is sometimes the only description that will do.  Commenting on GOP House member Thomas Massie’s absurd stand temporarily blocking passage of the epidemic emergency legislation, the former Senator and Secretary of State tweeted,

Breaking news: Congressman Massie has tested positive for being an asshole. He must be quarantined to prevent the spread of his massive stupidity. He’s given new meaning to the term #Masshole. (Finally, something the president and I can agree on!)

Here is Steve-O’s Comment of the Day on the post, “A Brief But Significant Addendum To “I’ve Looked And I’ve Tried And I Believe In Civility, But The Only Fair Descriptive Word For These People Is ‘Asshole’”:

I am not at all surprised. I’m also not surprised at Joe Biden’s recent tweet in which he said that when he was president he would put science first, implying what many have stated outright, that Trump disregards science and is afraid of smart people (which all liberals are, of course, they only wouldn’t be liberals if they weren’t). Basic decency went out the window on the left when Trump was elected, although it had been hanging out the window for a while.

A lot of the open rudeness and contempt seemed to start in the Clinton era, maybe together with the rise of the internet. Now anyone could say anything he wanted and send it around the world in a few seconds. A lot of people did just that, no matter how dumb, how rude, or profane, or how unfair what they had to say was. Then the refrain was that your character didn’t matter as long as you were successful and had the right views. The other side of that, though, was that if you had the wrong views you were beneath contempt.

As we moved into the administration of Bush the younger a whole “anger industry” developed. I know, because my bookshelves are groaning under the weight of a huge number of anger-based books that I gleefully devoured at the time to feed my contempt of the other side. I’m not just talking Ann Coulter, either.

David Horowitz’ “Left Illusions: An Unholy Odyssey” and “Unholy Alliance: Radical Islam and the American Left,” Daniel J. Flynn’s “Why the Left Hates America” and “A Conservative History of the American Left,” John J. Miller’s “Our Oldest Enemy,” and a lot of similar materials have all made my night table. On the other side there’s Al Franken’s “Lies and the Lying Liars who Tell Them,” Michael Moore’s “Stupid White Men,” and so on. People paid money to have their anger stoked and their reasons for being angry confirmed. Continue reading →

Saturday Ethics Warm-Up, 3/28/2020: Well, In At Least One Respect, WW II Must Have Felt Like This…

/ Jack Marshall / 13 Comments

“This” being that almost every single news item and media article related in some way to a single topic, the war then, the pandemic today. That’s one reason President Roosevelt asked major League Baseball to keep playing on, despite the fact that most of the game’s stars had enlisted or were about to,  leaving the teams to field old players, players who came out of retirement, minor leaguers, and such curiosities as Pete Gray, the one-armed outfielder. 

Wait: the baseball season was supposed to start two days ago, and is postponed at least until May. In that regard, at least, this is worse than World War II…

1. Speaking of baseball: Red Sox ethics! Major League Baseball approved a pool of 30 million dollars (That’s $1 million per club) to compensate ballpark employees during the enforced suspension of games. That left out the employees of subcontractors like Aramark, the company that supplies Fenway Park with food services, among other things. The Sox announced that it would add a half-million dollars to the $1 million for Aramark, a move that is expected to shame the other 29 clubs into similar moves.

2. You wonder why America’s children are growing up to be Marxists? Well, this doesn’t help: The following articles appeared this week in Teen Vogue:

3. From the front page of the Boston Herald:

I’m not going to track down the article; it would just ruin the wonderful picture in my head. Continue reading →

A Brief But Significant Addendum To “I’ve Looked And I’ve Tried And I Believe In Civility, But The Only Fair Descriptive Word For These People Is ‘Asshole'”

/ Jack Marshall / 46 Comments

Nice!

Mollie Hemingway, editor at the National Review, had an admirably understated reaction to this tweet from Mrs. Clinton, saying, “Fully acknowledge I’m biased here, but my advice would be that if your politics are giving the impression that you’re rooting against your fellow Americans and for a deadly virus attacking them, you might want to reassess.”

My observations are not quite as understated:

  • What an asshole! But we knew that. By “me” I mean everyone who has observed this awful, awful human being’s behavior and statements since at least 1992.
  • The actual form of assholery that the spectacularly failed aspiring  first female President models here is not a variety examined in the post referenced in the title above, but in this post, item #4, in which I noted, “You can mark down any pundit (or Facebook friend) who gloats about the official U.S. tally of Wuhan virus cases making it the most infected nation in the world as fitting neatly into the topic of this recent post.” She’s not a pundit, of course (nor my Facebook friend, thank god); she is, by about 20 laps, the most ungracious, unethical, whiny, nasty, divisive and pathetic losing political candidate for national office in American political history…and she just happens to be the only woman to be on the ballot for President. Continue reading →

Unethical Website Of The Month: reddit (ProRevenge)

/ Jack Marshall / 14 Comments

I often have thought that I ought to research reddit more thoroughly for ethics stories. Then I stumble onto something like this, have to take a shower, and decide that I’ll be happier if  don’t. There is also the persistent reddit problem that one can never be sure when what you are reading isn’t completely made up by some aspiring James Frey wannabe. I have been burned in the past.

One of the reddit sub-site communities is devoted to revenge, and participants send in their alleged experiences. Revenge, as we all know, (I hope), is unethical. It’s also frequently entertaining and fun. Revenge has been a staple of drama since the ancient Greeks, and it’s vibrant still, perhaps because there is nothing unethical about revenge fantasies.

One particularly exhilarating (and disgusting) example is the original “I Spit On Your Grave” (yes, there are sequels), an extremely violent and graphic cult film in which a young writer is gang-raped and left for dead by five locals in “Deliverance” territory. She returns, trained, dead-eyed, determined and remarkably creative in a Marquis de Sade way, to pick them off, one by one.

Women seem to especially enjoy the film. I would not be surprised to learn that Hillary is a fan.

But I digress. The following story recently turned up on the reddit ProRevenge section. The disturbing thing was how few of the many commenters were critical of the writer’s alleged conduct, which is, as you will see, appalling.  Here is his account, redacted a bit for length, with periodic comments from your host. Continue reading →