Ethics Dunces

And The Latest Honoree In The Ethics Alarms “Presumed Racism Hall of Fame” is . . .

/ Jack Marshall / 11 Comments

White judges

Among the bulwarks of the George Floyd Freakout and its accompanying “anti-racism” hustle is that all whites are racists, non-whites cannot succeed, prosper or find justice in the United States, and that anti-black racism should be presumed in any situation where that presumption might advance the cause of a black citizen.

Here is a blazing example, out of Fairfax County, Virginia, virtually in my back yard. Fairfax County Circuit Court Judge David Bernhard issued an opinion his week that the portraits of past judges from the Fairfax County Circuit Court might create the impression that the court itself biased. Bernhard won’t allow any portraits to be on display for any trial he presides over going forward.

“The Court is concerned the portraits may serve as unintended but implicit symbols that suggest the courtroom may be a place historically administered by whites for whites, and that thus others are of a lesser standing in the dispensing of justice,” Bernhard wrote. “The Defendant’s constitutional right to a fair jury trial stands paramount over the countervailing interest of paying homage to the tradition of adorning courtrooms with portraits that honor past jurists.” The judge’s opinion observes that the U.S. is experiencing “heightened attention to the past inequities visited upon persons of color,” so the fact that 45 of the 47 past judges whose portraits hang in the Fairfax County courthouse were white is now an implicit threat to black defendants.

His grovel came in response to a request to remove the portraits in a motion from the layer for Terrance Shipp Jr., who is scheduled to stand trial on charges of eluding police, assault on a law enforcement officer and other counts.

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Unethical Quote Of The Day: Dr. Deborah Birx

/ Jack Marshall / 14 Comments

Gag me with a spoon

“I will have to say, this experience has been a bit overwhelming.It has been very difficult on my family.I think what was done in the past week to my family — you know, they didn’t choose this for me. They’ve tried to be supportive, but to drag my family into this..”

Dr. Deborah Birx, the Trump administration’s Wuhan virus response coordinator, in the course of announcing her retirement, apparently out of pique for being justly hammered in the media and social media for violating her own guidelines over the holidays.

As the “Saved by the Bell” girls were indicating above, gag me with a spoon. It took everything in my power not to headline this post “Dr. Birx is an asshole.” I’m still sorely tempted.

She is the one who directly and arrogantly did exactly what she cautioned “the little people” not to do, as I wrote about here (item #4). How dare the woman play the victim, and especially how dare she play the “leave my family out of it!” card when it was she who involved her family by joining them in doing exactly what she said everyone else’s family—well, everyone but elected officials— couldn’t do. To make her family whining worse, it was her own family member that blew the whistle on her!

Birx went on to say,

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And THIS Is Why Celebrities Should Shut Up And Act, Sing, Dance, Look Good, Or Whatever They Did To Get Famous . . .

/ Jack Marshall / 14 Comments

Banks

Elizabeth Banks, a B+ movie actress whose career zenith was either playing Jeff Bridges’ wife in “Sea Biscuit” or a supporting role in “The Hunger Games” movies, decided to rant about “Stand your ground” laws last week. The impetus was the Ohio legislature passing a version of the law, thus joining about half the states. Banks responded by tweeting, to her

“Stand Your Ground is BS. We used to play hide and seek all over the neighborhood on summer nights. Intent was to play. We were kids but some of my cousins were big guys. There were a few easily-jumped fences in the neighborhood but also houses with no fences at all. A new neighbor moved onto our street. Apparently he mistook us hiding behind trees in his unfenced yard at 9pm for … burglars? Predators?” All of a sudden, an arrow was shot into the tree behind which we hid. From a professional bow and arrow. This guy didn’t yell out ‘who’s there’ or ‘get off my property or I’m calling the cops’ or any other question or warning. He just shot at children. He hit the tree so it was seemingly a warning shot. Message received, WE yelled out that we were just playing and could he let us please run away without shooting. Then we ran.”

“Also sometimes our dog got loose. We would go into yards looking for her. All I can think about when people pretend Stand Your Ground is about anything other than permission to kill people are those moments when I myself stepped onto a neighbor’s property. Where is the evidence that Stand Your Ground does anything but endanger your neighbors, their dogs, their kids? It helps nobody but people who want justified reasons to use a deadly weapon. If I’d been shot and killed playing hide and seek, would that new neighbor have been able to just shrug his shoulders while living across the street from my grieving parents? With laws like this, probably yes.I don’t want to live in a world where we fear our neighbors so much that we can’t freely lose a ball/dog/frisbee or cut through somebody’s yard to avoid harassment — all things I have done. What yards did you wander into and why?”

Observations:

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Ethics Quote Of The Week: Biden Deputy Chief Of Staff, Jen O’Malley Dillon

/ Jack Marshall / 21 Comments

Dillon

“I’m not saying they’re not a bunch of fuckers. Mitch McConnell is terrible.”

—Jen O’Malley Dillon, incoming Deputy Chief of Staff for Joe Biden, explaining to Glamour Magazine that bi-partisan deals are still possible with Republicans.

She continued to say that her boss, “set out with this idea that unity was possible, that together we are stronger, that we, as a country, need healing, and our politics needs that too.”

Why wouldn’t we all believe he’s sincere, when he hires staff like her?

White House Communications Director Kate Bedingfield tweeted a Jumbo of a defense of  Dillon:

“So [Dillon]would be the first to tell you her mom doesn’t approve of the spicy language but I would be the first to tell you that the point she was making in this conversation…is spot on: unity and healing are possible — and we can get things done.” 

Hilariously self-contradictory statement? What hilariously self-contradictory statement? Continue reading →

I Finally Get It: If The Axis Of Unethical Conduct Can’t Hide Wrongdoing By One Of Their Members, Then It Will Deny It Was Wrong [Repaired!]

/ Jack Marshall / 14 Comments

No, really, I’m not gullible! Fool me once, shame on you, fool me 7,482 times, I eventually figure it out. First (not really first, but I have to start somewhere) progressives, Democrats and the news media (the Axis, or AUC) proclaim that even a rumor of sexually inappropriate behavior by a GOP President’s Supreme Court nominee when he was in high school should disqualify him, then I watch all of them line up behind the most photographically documented serial sexual harasser in U.S. history as their choice for President. Then a failed candidate for the Democratic Presidential nomination blames her horrible performance in the Democratic primaries on people discriminating against her because she is a woman and “of color,” and is subsequently nominated as President-in- waiting only because she is female-of-color (otherwise being a pandering, hypocrical boob) as the AUC rejoices. Next evidence of his son’s foreign influence-peddling with her running mate’s involvement not just buried, but buried with the assistance of an outright fabrication (“It’s the Russians!”). Then such examples start popping up all over: Dan Rather, who disgraced journalism, has a journalism medal named after him. Governor Cuomo is accused of sexual harassment by a staffer, and the story is barely reported.

And yet, and yet, when I first wrote about the Jeffrey Toobin scandal, I felt sorry for CNN’s reliably biased legal analysis (it’s unethical for lawyers to let bias affect their independent judgment—I’ve even been hired to teach that), because I feel sorry for anyone who destroys their career and public trust by doing something so mind-meltingly stupid. I even wrote that I wouldn’t write about it any more, because I didn’t want to pile on. The Golden Rule, you know.

Because, you see, I am a moron. I continue to be unable to grasp the complete attempted inside-out-ization of all American logic, principles and values by the people who currently control the White House, half of Congress, the schools, the universities, the news media, social media, Big Tech and entertainment. So now I reluctantly have to write about Jeffrey Toobin again.

Here are some quotes from prominent progressives and media types that end the New York Times’ “The Undoing of Jeffrey Toobin”:

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Saturday Morning Ethics: Christmas Countdown Edition

/ Jack Marshall / 12 Comments

The story of that Christmas classic, Bing’s last holiday hit and also the last popular Christmas song that references its religious origins, is here.

I almost called this post the Clinton Impeachment Anniversary Edition, but decided to be more upbeat. It was on this date that William Jefferson Clinton became the second U.S. President to be impeached. Like the first, the unfortunate Andrew Johnson, Clinton was acquitted in the Senate. Also like Johnson, Clinton was impeached for genuine reasons consistent with the Constitution’s requirements. The next impeachment—did you notice how Democrats never mentioned it during the 2020 campaign?—-was very different: the Democratic House just decided it wanted to impeach President Trump and contrived an excuse to do it after three years of searching.

As veteran readers here know, it was the near complete absence of ethical analysis from the news media during Monica Madness and the mountain of rationalizations and obfuscations employed by Clinton’s defenders that prompted me to launch The Ethics Scoreboard, which in due course led to Ethics Alarms.

1. A bar exam ethics train wreck in California. The ABA Journal reports that more than 3,000 law school grads who sat for the State Bar of California’s remote October exam had their proctoring videos flagged for review, and dozens report receiving violation notices from the agency’s office of admissions. The issues flagged appear to be largely technology-based, and many claim they had no indication of a problem until they received violation notices. The flagging will create serious problems for those involved. A Chapter 6 Notice, as it is called, allows an applicant to respond in writing before any finding is made. If there is a determination that a test-taker violated procedures, bar actions could include warnings, a score of zero for the flagged sessions or the entire exam and negative marks on character and fitness evaluations, endangering the applicant’s prospects of receiving a license.

An individual can challenge the office’s determination and request an administrative hearing, and an unfavorable outcome can be appealed with the Committee of Bar Examiners and the California Supreme Court. However, those applicants’ October bar exam scores will be in limbo while hearings and appeals are resolved, and they will not be able to take the February 2021 exam when determinations of previous scores are pending.

The violations cited include examinees’ eyes being intermittently out of view of their webcams, audio not working; and test-takers not being present behind their computers during the exam. In other words, this is another disaster created by pandemic hysteria and technology unsuited to the challenge of providing an adequate alternative to in-person activity.

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From The “Fact Don’t Matter” File: The Presumptuous And Ignorant Naomi Osaka

/ Jack Marshall / 4 Comments

Osaka

Or, “How to get from one absurd news story to another…”

The New York Times story began this way: “Last year, the tennis champion was shown with light skin in an instant noodle ad. Now, she’ll be portrayed as a manga character, and illustrators insisted on getting details right.” Yes, this is what passes for news in the paper that refused to cover the Hunter Biden laptop story before the election, except to mock it. They would never mock white-washing accusations about a Japanese tennis star about to become a cartoon character. Now that’s news that’s fit to print!

Why I finished reading such a story, I do not know; I have no life, I guess. So I soon came upon this:

Naomi Osaka, 23, the highest-earning female athlete on the planet, has emerged as one of the most vocal antiracism activists in the sports world. In the July issue of Esquire, she wrote about tackling racism while inhabiting multiple identities. Before matches this year, she wore masks bearing the names of Black victims of police violence.

Ah! So the opinions of this non-American athlete about U.S. racial issues matters—why? Because she is rich? Because she is bi-racial (Osaka is the daughter of a Japanese mother and a Haitian-American father)? Because she knows anything at all about America and its race problems? Or because the half-baked, ill-informed positions she spouts happen to be the “right” ones?

If you picked the last, you get…well, nothing, but you’re right. According to an earlier article (in Forbes), Osaka presumed to protest police brutality and racism by wearing face masks bearing these names: Breonna Taylor, Elijiah McClain, Ahmaud Arbery, Trayvon Martin, George Floyd, Philando Castile and Tamir Rice. You know: black victims of police violence. Except:

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First Snowfall Ethics Accumulation, 12/16/2020 [Corrected]

/ Jack Marshall / 29 Comments

For the record, I believe that Dean Martin’s is the definitive version of this holiday favorite. It’s the perfect vehicle for his inimitable style, which always makes me smile. I miss Dean; indeed I miss all of the great singers whose Christmas offerings come up on the Sirius-XM “Christmas Traditions” channel, because they are all dead, every one of them. In one short trip, I heard Bing, Dean, Rosemary Clooney, Burl Ives, Nat King Cole, and Karen Carpenter. All gone. Christmas songs shouldn’t make you sad.

1. No, “doctor” doesn’t mean “teacher.” The disingenuous nonsense defenders of Jill Biden and anyone else who insists of being called “Dr.” because they have a doctorate is stunning, and the hypocrisy is hilarious. When the pompous one was a Trump White House aide, the biased media mocked him. Now that the insecure title-wielder is a Democrat, the rules are different. Got it.

One particularly off-base defender of the non-medical “Dr.” in the comments writes, “Doctor means teacher.” No, it obviously doesn’t, or all teachers would be called “doctor.” My best high school teacher, Miss Rounds, who taught Latin, actually had a PhD but never asked her students to call her “Dr.,” because, you see, that would be stupid. Funny: none of the lists of synonyms for “doctor” include “teacher,” and none of the lists of synonyms for “teacher” include “doctor.”

But mirable dictu! The embarrassingly Orwellian Miriam Webster Dictionary, as it showed in this episode, has as its #1 general definition of “doctor” is “a learned or authoritative teacher.” I thought it had changed the definition to cover for Jill, just as it had changed a definition to follow the Democratic narrative in October (and as Dictionary.com did this very month). But no, Commenter Phlinn found that Miriam Webster has its outlier definition at least since January, hence this correction.

Now, if only on-line dictionaries were trustworthy and didn’t pull their partisan games, I wouldn’t suspect them. But they do, I am, and I am not wrong to be.

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“My Cousin Vinny” Meets Zoom

/ Jack Marshall / 16 Comments

vinny

Once again I have to say “I don’t understand this story at all.“

If you recall “My Cousin Vinny,” as almost all lawyers do (and fondly), Joe Pesci’s fish-out-of-water defense lawyer annoyed imposing Southern judge Fred Gwynn by first appearing in court wearing a leather jacket, and then showing up in the suit above because it was the only one he could acquire at short notice.

At least he tried.

While Ethics Alarms has taken the unalterable position that when children are forced to attend school via Zoom, what may appear in their homes are not, in fact, “in school,” a lawyer who appears before a judge via Zoom is still, in fact, “in court” and before a judge. Why? Because the judge says so, that’s why. And as Vinnie soon learned, when a judge says “Jump!” the only responsible response is “How high, Your Honor?”

Perhaps a Delaware lawyer named Weisbrot has never seen the movie. He complained to Delaware Vice Chancellor Joseph R. Slights III i ex parte “that [the court] would not consider an application from him because he “was not wearing a tie.” The Vice Chancellor responded, “That is true, as the record reflects.” BUT…

What the record also reflects is that Mr. Weisbrot appeared in court for trial (via Zoom) on Tuesday in either a printed tee-shirt or pajamas (it was difficult to discern).

In other words, “It’s true you weren’t wearing a tie, but a greater problem is THAT YOU WERE WEARING FREAKING PAJAMAS!”

Mr. Wiesbrot responded by channeling his inner (and outer) Vinnie by, in his next appearance via Zoom before the same judge, in something less than the kind of attire he had to know the judge expected:

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Morning Ethics Warm-Up, 12/15/20: Bye-Bye Bill Barr!

/ Jack Marshall / 61 Comments

bye bye

1. Bill Barr’s resignation. The Attorney General is leaving, and so would I, in his place. Unlike his predecessor, who endured unprofessional and destructive sniping from the President, Barr decided enough was enough. He issued a respectful letter of resignation, and said “bye-bye.” This was in contrast with other digruntled Trump officials like Mad Dog Mattis, who lived up to his name with a resignation letter guaranteed to give the Trump-hating media more fodder. I assume the final straw was Barr raking fire for correctly not using the Hunter Biden investigation as a GOP campaign weapon. With even half-competent and responsible news media coverage, the Justice Department’s silence about what they are supposed to be silent about would never have been an issue.

The President’s lack of loyalty, respect and gratitude toward his staff and associates is one more ugly character trait that motivates his critics.

2. Another unethical bait-and-switch. I have written about this issue too many times to devote a whole post to it again.. Yesterday Republican Michigan Rep. Paul Mitchell told CNN that he will change his party affiliation to Independent because of President Donald Trump’s refusal to concede the 2020 presidential election and

Mitchell said he has put in a request to the Clerk of the House to change his party affiliation to “independent,” in an interview with CNN, and in a letter it is “unacceptable for political candidates to treat our election system as though we are a third-world nation and incite distrust of something so basic as the sanctity of our vote.” CNN, being incompetent, did not ask the necessary question, which is “Since you are lecturing the President and your party on ethics, why do you think it is ethical to run for re-election as a Republican, get the votes of Republicans in your district, and then change your party affiliation a month later?”

The ethical way to do it is to resign, and then run again under the new banner. A few party-switchers in the past have had the integrity to follow this procedure, notably former Senator Phil Gramm of Texas.

I would support a law requiring any elected official who switches party mid-term to have to resign. As the Ethics Alarm credo goes, “Where ethics fails, the law steps in.”

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