Ethics Alarms Award Nominee

Morning Ethics Warm-Up, 5/22/2018: Blemishes

/ Jack Marshall / 40 Comments

Goooood Morning!

1. What is so hard to understand about the concept of Freedom of Speech and Freedom of Assembly? The Daily Beast negligently covers a story about how some alt-right groups are planning some kind of anniversary/reunion event in Charlottesville. (Funny, I thought we celebrated anniversaries of good things) and how some activists are plotting to block them. I especially like this sentence:

“Activists warned Charlottesville last year that the Unite the Right rally could turn violent. Now they’re determined to keep neo-Nazis out of their city for the anniversary.”

The rally turned violent because the counter-demonstrators turned it violent with help from authorities, who couldn’t, couldn’t, or didn’t want to keep the alt-right and the antifa demonstrations away from each other. This is the Berkeley trick: “Your speech will incite violence from us, so its irresponsible for you to speak. This issue was supposedly settled when the ACLU fought to allow Nazis to march in Skokie, Illinois 40 years ago.  In the end, the Nazis didn’t march but the principle that they couldn’t be blocked because of their message was made clear. I wonder if the self-righteous, speech-restriction fans represented by Black Lives Matter activist Lisa Woolfork even know about that case, given such ignorant quotes as,

“[Charlottesville authorities] seem to have gotten the message that white supremacist ideology is dangerous, but they are not willing to take, I believe, the truly moral step to say Kessler’s rally is a white supremacist Nazi rally, and therefore is inimical to our values and that we can ban that.”

No Lisa, you can’t ban that. You can’t ban ideas, no matter how dangerous you think they are, or how dangerous they in fact may be. The theory that the government should ban speech based on morality is infinitely more dangerous than anything these alt-right jerks say, but you still have the guaranteed right to promote such democracy-rotting garbage. Another Lisa quote:

“We did not ignore the white supremacists and let them proceed to go about their business undisturbed without any censure. These ideas are harmful, and they lead to horrible consequences in the real world.”

And I repeat: What is so hard to understand about the concept of Freedom of Speech and Freedom of Assembly? It sure seems to be especially hard to understand for the Left recently. Continue reading →

Morning Ethics Warm-Up, 5/21/18: Comments, Clarkson, Bitter Hillary, And Weiner Dogs Amuck

/ Jack Marshall / 84 Comments

Good morning, all.

1. Housekeeping note: Some commenters are expressing displeasure that I suspended a regular participant here following what I consider to be excessively disrespectful discourse toward me. Well. when they try moderating an ethics blog read by educated, passionate and verbally adept people for nine years, I’ll pay more attention to that displeaure. The task is much like that of a lion-tamer in the circus: as I learned when I read the autobiography of one who survived until retirement, the big cats growling is fine, and even the occasional swipe for show is tolerable, but when they start being disrespectful, you either show who’s boss quick or you get gang-mauled and eaten.

In about two weeks, I have to fly to Boston—on my own dime, of course— to ask a judge to dismiss a $100,000 defamation lawsuit from a banned commenter here. Am I bit inclined to be less than charitable to rude commenter outbursts aimed at me right now? Yes. The matter at issue right now involved flat-out, unambiguous personal mockery and derision, and the Comment Policies, accessible for years on the link above, specifically designate “6) Mockery without substance”  as commentary conduct that is not appreciated, , and also notes that a commenter risks be discipline for “…Insulting me, in particular by questioning my integrity, honesty, objectivity, intentions, motives, qualifications, or credentials.”

The commenter who was suspended can return to the wars at any time he chooses, after offering an acceptable apology.

2. Breaking my vow already…to eschew writing about the aftermath of the latest school shooting, I have to mention that Lelly Clarkson’s emotional speech at last night’s Billborad awards was played this morning on CNN and Headline News—and I assume elsewhere—as if she actually was saying something of substance. She wasn’t:

Is the news media going to keep on trying to steer a policy debate with complex social, legal, constitutional, cultural and practical factors into this emotion-flooded, intellectually useless dead end? Apparently so. I’m sure Kelly is sincere, but “moment of action” is nothing but another way of saying “do something,” which itself is just another form of screaming at the sky. What action, Kelly? Unless you make a relevant proposal that addresses the event you are crying about, your statement is worse than useless.

We should not keep pandering to this invitation to turn off our brains regarding guns, yet that is what the news media is actively campaigning for us to do.  They are irresponsible to do this.

But we knew that. Continue reading →

It’s Official: The Mueller Investigation Is An Ethics Train Wreck

/ Jack Marshall / 127 Comments

The Russian election  interference  investigation is officially an Ethics Train Wreck, hence forth known here as “The Mueller Investigation Ethics Train Wreck.”

This is the one year anniversary of the official beginning of the Special Prosecutor’s investigation into Russia’ alleged interference with the 2016 Presidential election, and the question of whether the Trump campaign were involved in the effort, to the extent there was one. That the investigation has morphed into a huge, messy, almost perfect example of an ethics train wreck–the Ethics Alarms designation for an episode and its aftermath in which almost everyone who becomes involved in any way ends up compromised, corrupted, embarrassed or exposed as ethically misguided.

The impetus for the arguable late call was Glenn Greenwald’s jaw-dropping story on what he calls “an extremely strange episode.” Here is some of Greewald’s reporting,

Over the past several weeks, House Republicans have been claiming that the FBI during the 2016 election used an operative to spy on the Trump campaign, and they triggered outrage within the FBI by trying to learn his identity. The controversy escalated when President Trump joined the fray on Friday morning. “Reports are there was indeed at least one FBI representative implanted, for political purposes, into my campaign for president,” Trump tweeted, adding: “It took place very early on, and long before the phony Russia Hoax became a “hot” Fake News story. If true – all time biggest political scandal!”

In response, the DOJ and the FBI’s various media spokespeople did not deny the core accusation, but quibbled with the language (the FBI used an “informant,” not a “spy”), and then began using increasingly strident language to warn that exposing his name would jeopardize his life and those of others, and also put American national security at grave risk. On May 8, the Washington Post described the informant as “a top-secret intelligence source” and cited DOJ officials as arguing that disclosure of his name “could risk lives by potentially exposing the source, a U.S. citizen who has provided intelligence to the CIA and FBI.”

The top Democrat on the Senate Intelligence Committee, Mark Warner, who spent much of last week working to ensure confirmation of Trump’s choice to lead the CIA, Gina Haspel, actually threatened his own colleagues in Congress with criminal prosecution if they tried to obtain the identity of the informant. “Anyone who is entrusted with our nation’s highest secrets should act with the gravity and seriousness of purpose that knowledge deserves,” Warner said.

But now, as a result of some very odd choices by the nation’s largest media outlets, everyone knows the name of the FBI’s informant: Stefan Halper. And Halper’s history is quite troubling, particularly his central role in the scandal in the 1980 election. Equally troubling are the DOJ and FBI’s highly inflammatory and, at best, misleading claims that they made to try to prevent Halper’s identity from being reported.

To begin with, it’s obviously notable that the person the FBI used to monitor the Trump campaign is the same person who worked as a CIA operative running that 1980 Presidential election spying campaign. [From earlier in the article: “Four decades ago, Halper was responsible for a long-forgotten spying scandal involving the 1980 election, in which the Reagan campaign – using CIA officials managed by Halper, reportedly under the direction of former CIA Director and then-Vice-Presidential candidate George H.W. Bush – got caught running a spying operation from inside the Carter administration. The plot involved CIA operatives passing classified information about Carter’s foreign policy to Reagan campaign officials in order to ensure the Reagan campaign knew of any foreign policy decisions that Carter was considering.”]…Halper, through his CIA work, has extensive ties to the Bush family. Few remember that the CIA’s perceived meddling in the 1980 election – its open support for its former Director, George H.W. Bush to become President – was a somewhat serious political controversy. And Halper was in that middle of that, too…. Continue reading →

Sun Day Morning Ethics Warm-Up, 5/20/2018: Bright Above, Dark Below…

/ Jack Marshall / 24 Comments

What IS that thing???

Good Morning!

There is this big, white-yellow, ball-thing in the sky overhead..not sure what it is.

The sky is also this weird bluish color.

Very strange…

1. The news media actually calls this creep a moral authority...which itself is significant. On his late-night talk show, Jimmy Kimmel said, “President Trump said he is with the people of Santa Fe in this tragic hour and will be with them forever—except for when it comes time to do something. Then he will not be with them.”

Trump’s post shooting statement was standard issue President-after-tragedy stuff, neither unusual nor objectionable to anyone not seeking to manufacture offense.  “We grieve for the terrible loss of life, and send our support and love to everyone affected by this absolutely horrific attack,” Trump said. “To the students, families, teachers, and personnel at Santa Fe High: We’re with you in this tragic hour, and we will be with you forever. My administration is determined to do everything in our power to protect our students, secure our schools, and to keep weapons out of the hands of those who pose a threat to themselves and to others. Everyone must work together, at every level of government, to keep our children safe.”

Kimmel :“They care more about the support of the NRA than they do about children.”

Kimmel’s statement is signature significance for an ignorant, unscrupulous asshole, and one who either has never read the Constitution, or doesn’t care what it says. There is absolutely nothing that the President of The United States, (or “they”) could or can do to prevent school shootings like the one in Santa Fe.

2. Who wants to join me in a sit-in at Starbucks? It will have to be a lily-white sit-in to make the point. Starbucks’ desperate, pandering, virtue-signaling, deranged new policy that allows anyone to sit in its stores or use its restrooms, even if they don’t buy anything, immediately guarantees the Tragedy of the Commons, which the silly, social justice warrior-run company apparently felt was a preferable disaster than to be accused of racism for enforcing a reasonable and necessary rule when blacks were the violators. If all the tables and space are taken up by non-customers, loiterers and free-riders, Starbucks can’t do any business, but it is literally saying, “We don’t care!” Why? Well, even if they ordered white freeloaders to leave, every time the freeloader was black, Hispanic, gay or in a wheelchair, a YouTube video would appear, go viral, and Starbucks would be tarred as corporate bigots. The police could try this same strategy: announce that officers will not fire on any individual resisting arrest or threatening an officer’s life. I’m sure that will work out well too.

3.  Yes, this was the quality of the people running the country during the Obama years. Obama’s Education Secretary Arne Duncan argued on Twitter that parents should pull their children out of school until elected officials pass stricter gun control laws. He really did. Let’s have a contest: List how many ways this suggestion is unethical. I’ll get you started: it is irredeemably stupid, and thus an abuse of influence, making the naive and easily gulled believe that because this man ran the Education Department, he is a respectable authority whose bone-headed utterances can be trusted and taken seriously. (I see at least five more.) Continue reading →

Unethical Quote Of The Week: Texas Governor Greg Abbott

/ Jack Marshall / 14 Comments

“Not only did he want to commit the shooting, but he wanted to commit suicide after the shooting. He didn’t have the courage to commit suicide.”

—-Texas Governor Abbott (R) to reporters today, speaking of 17-year-old Dimitrios Pagourtzis, the Santa Fe shooter.

The only question is whether this statement proves that Abbott is an idiot, or if he was just idiotically irresponsible on this occasion.

Kudos to Ann Althouse for the catch. She writes, “Whatever outrage you feel fired up or politically motivated to express, do not put that idea out there for young people to consume: Suicide is an act of courage.”

Exactly.

Choosing life, as well as choosing to accept the consequences of your actions, is usually the courageous choice. Does Abbott not know this, or was he just reaching for a cheap insult to use against a killer, and inadvertently stuck his foot in his mouth?

Someone should have asked him about the horrible suicide in New York City yesterday, when former Playboy Playmate Stephanie Adams jumped to her death from the top floor of the Gotham Hotel with her 7-year-old son in her arms. 

Governor Abbott must have really admired that.

Ethics Dunce, One Way Or The Other : Former Yankee Slugger Mark Teixeira

/ Jack Marshall / Leave a comment

Mark and Robbie…

Major League Baseball is still buzzing about the shocking half-season suspension of Seattle Mariners second baseman Robbie Cano, which I wrote about here. Among the more unethical buzzes were the comments from former New York Yankee star Mark Teixeira, now a baseball analyst for ESPN, who played with Cano before he left the Yankees as a free agent. Asked about Cano’s testing positive for an agent used to mask steroid use, Teixeira said,

“Yeah, I don’t really want to get into too much detail. I love Robbie. I’m just not surprised. I don’t really want to go too much further, but I think a lot of people are kind of saying the same thing….Let’s just use this situation here. Robbie Cano’s assistant was on the list for Biogenesis. [Biogenesis was the sports medicine clinic involved MLB’s 2013 PED scandal that resulted in the suspensions of 14 players, including Yankee superstar Alex Rodriquez and former National League MVP Ryan Braun.] Now, of course, [Cano] had an assistant, you know, buy stuff for him. Alex Rodriguez got popped by Biogenesis, and [former Yankees outfielder] Melky [Cabrera] got popped. They were best friends. When someone gets lumped into that group, it’s because there’s evidence. There’s a paper trail. There’s a smoke trail.”

Foul. Continue reading →

What Is Fairness, Justice And Proportion For Aaron Schlossberg?

/ Jack Marshall / 93 Comments

“He’s a jerk. Let’s squash him like a bug…”

Surely by now you know of Aaron Schlossberg, the latest cultural villain.

He was the star and author of a bizarre incident at a restaurant in Manhattan. Schlossberg, who is a midtown Manhattan lawyer, freaked out beyond all reason when a customer began conversing in Spanish with employees at the restaurant. “Your staff is speaking Spanish to customers when they should be speaking English,” he protested. “Every person I listen to — he spoke it, he spoke it, she’s speaking it. This is America! “My guess is they’re not documented, so my next call is to ICE to have each one of them kicked out of my country.If they have the balls to come here and live off of my money — I pay for their welfare, I pay for their ability to be here — the least they can do is speak English…I’m calling ICE.”

Naturally, this was captured on a phone video. Naturally, it was posted to social media. Once upon a time a person could behave like a jackass and only have the immediate witnesses to his conduct know about it. No more. Now, thanks to omnipresent cell phones, everyone is under more or less constant surveillance, and a bad moment, a sudden outburst or an ill-considered word can and will be wielded by steely-eyed social justice enforcers to destroy a miscreant’s life to the maximum extent possible.

Is that the kind of society you want to live in? It would be wise to consider the fate of Aaron Schlossberg.

Somehow his name became known. The news media picked up his tantrum: the Daily News put it on its front page! The New York Post reported that he has been evicted from his office by Corporate Suites, the company that held his law office lease.  His firm’s associate quit, with a nice virtue-signaling tweet. A petition demanding that he be disbarred has more than 10,000 signatures, and there is a GoFundMe effort to a  hire a mariachi band to follow him around New York.

That’s kind of funny, I have to admit. Continue reading →

Comment Of The Day: “Unethical Quote Of The Month: New Mexico Congressional Candidate Pat Davis (Guess What Party!)”

/ Jack Marshall / 20 Comments

This is one of the times I am grateful for a backlog of worthy Comments of the Day. I have several posts pending requiring a lot of thought, research and writing, and I’m exhausted as well as swamped. It’s nice to have some excellent ethics commentary from the regulars here to keep new content flowing. I am very grateful to all of the authors.

This time it’s Still Spartan, a mother, a lawyer, a self-described liberal (though on today’s spectrum I’d call her a left of center moderate) with an interesting back-story. In fairness, I should note that she protested later that if she knew this would be a COTD she would have been more circumspect regarding her choice of words. With the exception of “sucks,” which I believe now is an acceptable rhetorical device for emphasis (though my father would still object if I used it), I made some minor edits to address those concerns. I hope she approves.

As is often the case here, this Comment of the Day came out of a thread inspired by the post but pretty much irrelevant to it. Although the post concerned the gratuitous vulgarity of an anti-NRA House candidate, much of the discussion was about illegal immigration, or as it’s known around the Marshall house, The Amazing Controversy For Which  There Is No Logical Or Defensible Justification For The Pro- Position, But That Roils Politics Anyway (TACFWTINLODJFTPPBTRPA, for short). Another prolific commenter, Slickwilly, had written in part this response to a comment defending illegal immigrants and discarding claims that they are a burden on citizens,

I have been poor… I worked my way up just a bit, but still sit in the lower middle class, if not the upper poor….I STILL pay taxes, and the illegals suck that money down. While the legal poor may sometimes use those tactics, it is NOT the norm, as THEY HAVE ROOTS HERE. You know, like family, friends, jobs, or at a minimum welfare payments. All of those make it harder to just up and leave, especially in this day and age of computer tracking. Illegal Aliens have none of those ties. I have lived with them my entire life, and know more on a bad day than you ever will. Most are good people, if you ignore that they are criminals. They run up bills and change addresses, change names, change jobs, as a matter of course. They do not pay any type of insurance. They cause car wrecks and abandon the scene, running to Mexico until the heat is off. They clog emergency rooms with minor, minor ailments, BECAUSE IT IS FREE. They steal identities causing citizens hundreds of miles away tax problems, when they bother to pay taxes at all (and those that hire them should be in jail).

Here is Still Spartan’s response to that comment, and her Comment of the Day on the post, “Unethical Quote Of The Month: New Mexico Congressional Candidate Pat Davis (Guess What Party!)”:

Actually, I think Slick’s comment is indicative of many people’s thinking right now (and I am not writing this with any snark at all). We have a large population of white, rural, poor people in this country. And it sucks. I was one of those people. Good jobs have become scarce, especially with blue collar jobs virtually disappearing overseas. And the jobs that are left don’t pay the bills. These people also don’t have the money to move elsewhere — or tend to not have the education needed to get a good paying job in the information age anyway.

Now, we have poor black populations and poor Latino populations as well of course, but what makes the white rural poor unique is that they tend to be isolated in the country and do not have the freedom of movement that predominantly urban poor have. The white rural poor do still have some advantages: 1) they are white (so they don’t face discrimination); 2) food scarcity isn’t as big of a problem. Many supplement with gardens, hunting, and even farms if they have the space; 3) because people are spread out, crime isn’t as big of a problem. But these people still want jobs. And they see, for the most part, that they are struggling even more than their parents did. It is scary. Liberals are not doing enough to appeal to them. Continue reading →

Morning Ethics Warm-Up, 5/17/ 2018: For Whom The Rex Tolls…

/ Jack Marshall / 114 Comments

Good morning!

1. Another “growing crisis” to fear: Rorschach innuendo that people can interpret to confirm their own biases... Deposed Secretary of State Rex Tillerson told graduates in his commencement address at the Virginia Military Institute in Lexington, Virginia, that American democracy was threatened by a growing “crisis of ethics and integrity”:

“If our leaders seek to conceal the truth, or we as people become accepting of alternative realities that are no longer grounded in facts, then we as American citizens are on a pathway to relinquishing our freedom. When we as people, a free people, go wobbly on the truth even on what may seem the most trivial matters, we go wobbly on America.”

Verdict: True.

The New York Times, without hesitation, calls Tillerson’s remarks a “veiled rebuke” of President Trump, and “veiled” doesn’t even make it into the headline.

Why isn’t this just as much of a “veiled rebuke” of Hillary Clinton, Bill Clinton, Barack Obama (“If you like your plan…”), James Comey, Andrew Cuomo, Elizabeth Warren (I’d say her continuing Native American lie is a perfect example of a trivial matter that matters), Chris Christie, Senator Mitch McConnell, Harry Reid, Rep. Nancy Pelosi ( The U.S. Supreme Court is “five guys who start determining what contraceptions are legal.”, “I don’t know who (Jonathan Gruber) is,”  “In the first year of the Obama administration, more jobs were created in the private sector than in the eight years of the Bush administration.”…and so on, and on…), Newt Gingrich, Senator Richard Blumenthal, new head of the NRA Oliver North, and many, many others in both parties?

You know why: the media’s agenda is focused only on denigrating Trump. As for Tillerson, his statement is consistent with what The Ethics Scoreboard and Ethics Alarms have been trying to explain for nearly two decades now, with one major, ethical difference: I don’t use weasel words and innuendo, and Tillerson did. If the ex-Secretary of State has a whistle to blow, let him blow it, and not litter the scene with whistles so anyone can blow them to their own ends. Statements like his are worthless without specifics, and merely arm partisans, hacks and character assassins.

I also don’t accept ethics lectures from oil company executives. I’m funny that way.

2. And speaking of a crisis of ethics and integrity…and trustworthiness…Here is the New York Times correction yesterday on a story attacking a piece on Foundation for Defense of Democracies chief executive Mark Dubowitz:

I don’t know what the maximum number of errors in a single story is that can be corrected before a responsible reader has to say, “The hell with this rag; I’m going back to the Weekly Reader!”, but whatever the limit is, this easily exceeds it. The New Yorker used to publish such corrections  as humor, except the excerpt would be from The Hooterville Register, not the New York Times. Don’t you love the equivocal “referred inaccurately” weasel words? Saying that a salary that is actually in line with similar salaries in the field is twice such salaries isn’t “inaccurate,” it is a gross and inexcusable mistake.

Gee, I wonder if Rex was rebuking the leading news media…. Continue reading →

Here Is Why Baseball Fans, And Almost Everyone Else, Are Ignorant Of How The Law Works…

/ Jack Marshall / 16 Comments

Last night, while I was watching a lousy Red Sox loss to the Oakland A’s, the Boston broadcasters announced their mid-game poll: “Do you agree with the Supreme Court decision on sports betting?” Viewers were supposed to text one number for yes, another for no. It was quite clear that the Sox announcers themselves had no clue what the decision was, however, as Jerry Remy and Dave O’Brien began debating the pros and cons of legalizing sports betting. The debate was edifying, but had nothing to do with the Court’s decision in Murphy v. National Collegiate Athletic Association whatsoever.

They and thousands of Red Sox fans had no clue what the decision was, and their ignorance didn’t stop them from voting on what they thought it was. What they thought it was came from second and third hand social media posts, and misleading headlines (“Supreme Court Strikes Down Anti-Sports Betting Law”) as well as brain-dead reports on the meaning of the majority ruling. (“Today the Supreme Court opened the door to legalized sports betting by declaring the federal law banning it unconstitutional…”). On a local news channel in the D.C. area, a reporter was dispatched to “investigate” if the reporting on the decision was accurate. “We began by reading the decision itself,” he said,

Wow! What a concept! Read the opinion rather than depend on ignorant reporters who don’t know the Constitution from “Hiawatha” to explain it based on what they think they know, which is not remotely like knowing anything!

Quoting again from ScotusBlog, here’s what “the decision on sports betting” was…

The 10th Amendment provides that, if the Constitution does not either give a power to the federal government or take that power away from the states, that power is reserved for the states or the people themselves. The Supreme Court has long interpreted this provision to bar the federal government from “commandeering” the states to enforce federal laws or policies. [The] justices ruled that a federal law that bars states from legalizing sports betting violates the anti-commandeering doctrine…

…In a decision by Justice Samuel Alito, the court began by explaining that the “anticommandeering doctrine may sound arcane, but it is simply the expression of a fundamental structural decision incorporated into the Constitution” – “the decision to withhold from Congress the power to issue orders directly to the States.” And that, the majority continued, is exactly the problem with the provision of PASPA that the state challenged, which bars states from authorizing sports gambling: It “unequivocally dictates what a state legislature may and may not do.” “It is as if,” the majority suggested, “federal officers were installed in state legislative chambers and were armed with the authority to stop legislators from voting on any offending proposals. A more direct affront to state sovereignty,” Alito concluded, “is not easy to imagine.”

Later on, Alito makes it clear that the decision isn’t pro-sports betting or anti-sports betting. The decision is anti-the federal government telling the states that they can’t pass certain kinds of laws, and the subject matter of those laws are irrelevant to that principle. The decision in Murphy v. National Collegiate Athletic Association  no more approves legalized sports betting than it approves speed limits over 90 or letting felons vote in state elections. The decision says that while the federal government can pass its own laws, it can’t order the states not to pass laws.

Never mind! Thousands of Red Sox fans had opinions based on misunderstanding the decision, just as many bloggers and online commenters worked themselves into a frenzy about the evils or benefits of sports betting, aided by journalists who literally, not figuratively, didn’t know what they were writing about, and didn’t have the integrity or common sense to find out.

Good job, everybody!