Ethics Hero: Richard Schwartz, Responsible Citizen, And How His Experience Explains Donald Trump

Want to know why people are mad as hell and aren’t going to take it any more, so they decide to vote for anyone who appears to be outside the elite cabal that pretends to deliver “democracy?” Here’s a striking example.

During a public comment period during a Seattle city council meeting, Richard Schwartz came to the podium to make his case. He was troubled, as he should have been, that most of the council members were not looking at him, or appeared to be listening. Most were looking at their computer screens or smart phones, scrolling and apparently doing other tasks, or looking at porn, for all he knew. So instead of meekly accepting the disrespect and rudeness of his elected municipal representatives, he called them on it.

“It’s real discouraging to come up here and see all the heads down…,” he began, but Councilwoman Debora Juarez, who was presiding,  interrupted , saying “You’re on a two minute timer here, so let’s go.”

Schwartz professed puzzlement at the response, and after standing silently for several seconds, he asked,

“So it was unreasonable for me to ask that people look up and give me their attention?” Juarez answered by telling him that he only had only a minute and 30 seconds left, and lying, saying that he had their attention, when he obviously did not.

Discarding his prepared statement, since it was obvious that the City Council would only observe its obligation to take public comments in form rather than in good faith, Schwartz said that this was why he came to comment: “the state of our democracy.”  He pointed out that when State Rep. Pramila Jayapal (D-Seattle) spoke in a public comment session the previous week,  she was four or fine minutes and the council was attentive, while everyone else at that session was limited to a single minute.

“It reminded me of George Orwell’s famous line from ‘Animal Farm’ about how all animals are equal, but some animals are more equal than others,” Schwartz continued. And that’s how I feel like I’m being treated now, just because I was kind of asking for your attention, like I noticed you all were very attentive to Ms. Jaypal last week. And I immediately got a hostile response back from you. I don’t understand that.”

With no response, he asked the council members if they ever responded to constituents.  Juarez told him his time was nearly up, as her colleagues either tended to their phones or looked bored.

“Well, it’s all on tape and I think it’s a pretty sad commentary that you think that asking for you guys to look up off of your computers and give attention during the short period of time was an unreasonable thing,”  Schwartz  said. “I really feel bad about that.”

He should feel bad about that. We all should. Democracy doesn’t work when elected officials treat the public this way; it can’t. This is democracy in name only. The stunning thing is that Seattle’s city council is so corrupted by their own sense of entitlement, wisdom and certitude that no ethics alarms pinged when an engaged voter begged them to pay attention to him for a couple of minutes.

For a second straight post, let me reference this November 9 whine-fest by feminist Jessica Valenti called, “How do I tell my daughter that America elected a racist, sexist bully?” Continue reading

Ethics Quote Of The Month (And Signature Significance): CNN Contributor Van Jones [Updated]

“There’s an honest level of sadness and disappointment and disorientation among progressives and Democrats and I think it goes deeper than just what’s in the report.”

—CNN contributor and former Obama aide Van Jones, explaining how Democrats needed “a chance to be sad”  and to “grieve” about the Mueller investigation’s findings.

And there it is. Progressives and Democrats are inconsolable that the 2106 election was clean, that an American President didn’t betray his country by conspiring with a hostile power to steal his office, and that our elected leader, and that we do not have a looming constitutional crisis.

I hope readers will excuse my posting a perhaps disproportionate amount on the post-Mueller Report reactions, but understand: early in 2017 I marked the Democratic/progressive effort to undermine this President, his ability to govern, and the legitimacy of his election at a terrible cost to the nation as perhaps the most serious national ethics breach in recent history, certainly since I have been writing Ethics Alarms. It cannot be over-emphasized how crucial it is that as much of the public as possible that is still capable of rational thought understands what was attempted here, and indeed to some extent achieved, to the nation’s—one hopes not permanent–detriment. We need to be grateful for corrupted and ethics alarms-lacking progressive messengers like Jones, who don’t understand how repulsive this confession sounds to normal people. They are showing us the truth. Continue reading

More Ethics Observations On The Post-Mueller Report Response

1.The video montage above is the “Nah, there’s no mainstream media bias” smoking gun for all time.

2. If the Democratic Party had competent and ethical leadership, this is what those leaders would do right now. They would thank Robert Mueller for doing a thorough, professional and objective  job under difficult circumstances. They would say that that American needed to be assured that there were no illegal and wrongful efforts by the President, his campaign and his party to conspire with a foreign power to undermine a fair election. They would say that they look forward, now that the cloud hanging over the White House has been removed, and President Trump’s assertion that there was no wrongdoing has been confirmed, to working with President Trump in the spirit of cooperation and mutual concern for the national interests, without rancor or recriminations, and hope that he will do the same.

They would also, not publicly, instruct elected officials from their party to accept the conclusions of the report, to be gracious rather than bitter, to end what will now appear to be vindictive investigations, and to get on with the job of governing.  This is a grand opportunity for them to regain the respect of the non-hate polluted public, and to behave like adults, patriots and statesmen for the first time since November, 2016.

If they don’t do this, and it is already obvious that they won’t, it will demonstrate that the party is cowering in fear of its most radical and irrational base, that it is following rather than leading, that it has neither integrity, honesty, decency, or the sense God gave a marmoset. Continue reading

Sunday Ethics Refresher, 3/24/2019 [PART II]: Bill of Rights? What Bill Of Rights? [CORRECTED]

Now it’s “Good afternoon!”

Sunday’s depressing ethics potpourri continues…

3. Psst! San Antonio! This is unconstitutional! The San Antonio City Council rejected  Chick-fil-A ‘s application for a site at its airport this week because the company’s foundation has contributed to organizations that oppose same-sex marriage

Councilman Robert Treviño told the news media that the council made the decision based on “inclusivity.”

“With this decision, the City Council reaffirmed the work our city has done to become a champion of equality and inclusion. San Antonio is a city full of compassion, and we do not have room in our public facilities for a business with a legacy of anti-LGBTQ behavior. Everyone has a place here and everyone should feel welcome when they walk through our airport.”

Have these fools and censors even read the Bill of Rights? A government can’t penalize a business because it doesn’t like the opinions of its owner or management. This is viewpoint discrimination, and a screamingly obvious First Amendment violation. As Chick-fil-A accurately pointed out in its response, no one has ever been refused service or treated differently in one of the company’s restaurants because of race, gender, ethnicity, sexual orientation or gender identity. That’s their LGBTQ “behavior,” not their entirely legal and protected choice of charities and non profits.

Once again from the Democratic Party and the Left we whiff the rotten stench of nascent totalitarianism. Believe as we do, or be punished. This is the same company several Democratic mayors said were not welcome in their cities. Once again, this unconstitutional and undemocratic act by San Antonio’s Democrats is assured of a reversal by the Supreme Court, and if Justice Ginsberg still has most of her marbles and Sotomayor isn’t chasing rainbows and unicorns, it ought to be a 9-0 vote.

Local government actions like this ought to concern followers of both parties equally. The First Amendment should not be a partisan issue. Continue reading

Unethical Prosecution, Incompetent Jury: Once Again, “Sorry” Isn’t Enough.

After Archie Williams (above) was released from a federal penitentiary  last week after serving 36 years  not only for a crime he didn’t commit, but  after a false conviction that would have been prevented by decisive exculpatory evidence that was available to the prosecution from the beginning. The district attorney for East Baton Rouge Parish, Hillar C. Moore III, said in court, “As a representative of the state, I apologize.”

I’m sure that makes Williams feel all warm inside. As we discussed here just this month in another case of wrongful arrest, trial and imprisonment, the kind of life-destroying mistakes that send citizens to prison for crimes they didn’t commit must involve accountability for those responsible beyond mere financial damages paid by the State.

This case is especially infuriating. It was known at the trial, and admitted by the prosecution, that  fingerprints found at the scene where a woman had been raped and stabbed in in Baton Rouge, La. belonged to someone other than the man standing trial for the crime.  Under basic prosecutorial ethics, Williams shouldn’t have been charged. The prints guaranteed reasonable doubt.  An ethical  prosecutor is not supposed to decide, “Well, maybe we can convince the jury to ignore those prints.” Prosecutors aren’t supposed to fool juries.  Ethical prosecution demanded that the State acknowledge doubt, no matter how much it wanted to clear the case, The victim of the attack was the wife of a wealthy and powerful man.

Instead, the prosecutor at the trial trivialized the significance of the then-unidentified fingerprints found at the scene.  “How many people come through your house?” Jeff Hollingsworth asked the jury, after suggesting that the prints could have belonged to  a plumber or a carpenter, “The air-conditioning man, people who clean your carpets, the little girl home from school.”

Then it was the duty of the police to determine who those people were, match the prints, and determine that they didn’t commit the crime. Without that due diligence, there is doubt as a matter of reason as well as ethics.

Technicians in a crime lab eventually ran the fingerprints  through a national database, and  within hours there was a match with a serial rapist. That happened last week, however, almost four decades after the prints should have been identified. When Williams  requested that the fingerprints be run against the national database in 1999, prosecutors opposed his request and  no statute required them to comply…just fairness and an interest in justice.

The fingerprints weren’t the only reason the jury should have acquitted Williams. Although the victim was certain that he was her attacker, several aspects of her description of the rapist didn’t match  Williams. His lawyer at the trial, Kathleen S. Richey, accurately told the jury that  the victim had described a  taller man with a scar on his shoulder blade.  Williams did not; he had a scar on his upper arm.

The jury found him guilty beyond a reasonable doubt anyway. He was 22 when police arrested him. Archie is Williams is 58 today.

It was dawning on criminologists by 1983 that eye witness testimony was less reliable than previously thought, and that identification could be negligently or intentionally be manipulated by police. Combined with the mysterious fingerprints, the shaky ID should have assured Williams’ acquittal. Juries, however, don’t know the law, don’t have experience evaluating evidence, and sometimes, as Reginald Rose pointed out in “Twelve Angry Men,” just want to get home, are misled by their biases, or just aren’t very bright.

I hesitate to call for some kind of sanctions or penalties when a jury botches its job like this; after all, the police screwed up, the prosecution was unethical, the judge let it all happen, and they were doing jobs that they had been trained to do. Nonetheless, it seems like some consequences of a bad verdict might focus jurors attention a bit more, to the benefit of justice. What those consequences might be, I have no idea.

I would support a law mandating the resignation and permanent bar from further prosecuting duties any prosecutor involved in sending an innocent man to prison, however.

It’s fascinating that such a case should come to public attention at the same time that activists, feminists and progressives are arguing that the presumption of innocence for men accused of sex crimes should be reduced. Archie Williams graphically shows where that position leads.

Ethics Quote Of The Month: Glenn Greenwald

“The Mueller investigation is complete and this is a simple fact that will never go away: not one single American was charged, indicted or convicted for conspiring with Russia to influence the 2016 election – not even a low-level volunteer. The number is zero.Compare what cable hosts (let’s leave them unnamed) & Democratic operatives spent two years claiming this would lead to – the imprisonment of Don, Jr., Jared, even Trump on conspiracy-with-Russia charges – to what it actually produced. A huge media reckoning is owed. Don’t even try to pretend the point of the Mueller investigation from the start wasn’t to obtain prosecutions of Americans guilty of conspiring with Russia to influence the outcome of the election or that Putin controlled Trump through blackmail. Nobody will believe your denials”

Muckraking journalist Glenn Greenwald, in a series of tweets reacting to the end of the Mueller investigation and the announcement that there would be no further indictments.

Greenwald is hardly a Trump supporter and his reporting has a strong progressive tilt. He does strive to be a truth-teller however, and adjust for his biases, and unlike all the obnoxious gloating I’m seeing on the conservative media, his analysis should be respected.  That there were no indictable crimes related to “Russian collusion” should not have been a surprise except to the Hillary bitter-enders and Trump-deranged who were certain that the President had to have won the Presidency illicitly,  because…because….well, just because. Of course, it was just moral luck that an investigation like Mueller’s didn’t find more, because that kind of investigation would be likely to uncover bad deeds in the campaigns of any Presidential candidate. Continue reading

Newsweek’s “Big Lie” cover (From The Ethics Alarms “Stop Making Me Defend President Trump!” File) [Part I]

[And before I begin, let me say: what a despicable, juvenile, vicious, unprofessional cover, even for Newsweek. Why not just run a photo of the President with a moustache, goatee, mean eyebrows and horns scrawled on it by a 5th grade member of the “Resistance”? Do these pathetic President-haters realize how gutter-level their constant assault has become, and how it it harms the nation, society and our institutions? If they do, they are betraying their country; if they don’t, they are too ignorant and badly socialized to regard as serious critics.]

The most persistent Big Lie narrative as part of the “resistance” soft coup effort is that President Trump is a racist. This week’s Newsweek cover is amusingly inept in its efforts to advance that libelous and slanderous narrative, because it demonstrates how weak their case is. The cover is plastered with the allegedly “racist” statements the President has made that prove his bigotry. None of them are racist. Big Lie-style, however, Democrats, complicit journalists and assorted Trump-haters have been citing these quotes so long and repetitively that Newsweek apparently thinks they are res ipsa loquitur—that the speak for themselves. What speaks for itself, or should, is that Newsweek thinks, or wants readers to think, that these quotes constitute evidence of any racial animus at all, and hasn’t a metaphorical leg to stand on.

When I challenge Facebook friends to back up their “Trump is a racist” claims, all they usually can muster are these same quotes. Sad.

Let’s examine and analyze them, shall we? Continue reading

When Ethics Alarms Don’t Ring: The Boston Bank Ad

Yes, Dorchester is a community dominated by exactly the people you think it is. The ad says to the public, “If you bank with us, we know you’re white, and if you get robbed, we both know the thief is black.”

Nice.

Social media was on this like a shot, and TD Bank apologized, saying

“We are sorry that an ad that appeared in one of our stores was insensitive to the Dorchester community.The ad, which was removed today, does not reflect our core values around diversity and inclusion.”

This is a lie, and an obvious one. If the bank really had such core values, someone at the bank who saw the ad in production would have said, “Wait, are you out of your mind? We’re insulting Dorchester with this, and the message implies that our customers are likely to be robbed by blacks!”

What made it worse for the bank is that Samsung got burned in Boston just two years ago by trying an almost identical ad, which was also condemned as racist.

Yes, Mattapan has demographics similar to Dorchester.

Incompetent Elected Official Of The Month: Kentucky Governor Matt Bevin

Daddy gave you this with love….

Incidentally, we have discussed how the news media often hides the party affiliation of misbehaving Democrats, but I had to look up Bevin after CNN neglected to say what his party is. This wasn’t bias, just unprofessional journalism.

Kentucky’s  Governor, who is a Republican, revealed that he exposed  his nine children to chickenpox  so they would get the disease rather than giving them the vaccine.

What an idiot. By doing this publicly, he endorses anti-vaxxer fear-mongering, validates irresponsible parenting, and places lives in danger.

In an interview with WKCT,  Bevin said he supports parents who choose to get their children vaccinated and also those who decline to do so. Do you support public health, you reckless, pandering fool? “This is America,” he said. “The federal government should not be forcing this upon people. They just shouldn’t.” “This” means responsible behavior required to prevent the spread of communicable disease. Governments have a well-established and Supreme Court approved duty to take necessary and reasonable measures to ensure public safety.danger.

Continue reading

Pacific Coast Time Morning Ethics Warm-Up, 3/20/19: Guys and Dolls

Good morning from San Diego!

Well, I was speaking to 600 seats just now, but only about 300 lawyers. Several came up to me afterward, inspired or stimulated, and thankful. In ethics, as in the theater, I have come to adopt William Saroyan’s creed that if just one person sings your song, your life as an artist has meaning. Like Saroyan, I have come to adopt that out of self-preservation and to stave off insanity.

1. It looks like a Saturday Night Live writer plagiarized at least two skits this season. The story is here.

The combination of SNL’s insane schedule, the pressure to be different and edgy week after week, and the temptation of YouTube made this inevitable. The rules on borrowing, adapting, copying comedy material has always been a gray area, often settled by the good faith and collegiality—or not—of the comics themselves. By accident, I just saw an old “Everybody Loves Raymond” episode which was an obvious rip-off of an even older Dick Van Dyke Show episode in which Laura writes a children’s book, and professional writer Rob offers to help her improve it.? Plagiarism? Comedy skits in vaudeville were passed around like the flu: Abbot and Costello weren’t the first to do the “Who’s On First?” routine, they just did it so much better than anyone else that they owned it. Was Lucy plagiarizing Red Skelton with her “Vitameatavegimin” skit, where a pitch woman gets drunk doing multiple takes of a TV ad that requires her to drink the alcohol-laced product, when Red had been doing the same routine for years as “Guzzler’s Gin”? Continue reading