Ethics Dunces

The Cowardly Courage of Tulsi Gabbard

/ Jack Marshall / 13 Comments

Rep. Tulsi Gabbard, the Hawaii Congresswoman who is engaged in a quixotic effort to win the Democratic nomination for President from the relative center, became the fourth House Democrat not to vote for both articles of impeachment, instead voting “present.” Here is her statement explaining the non- vote:

Throughout my life, whether through serving in the military or in Congress, I’ve always worked to do what is in the best interests of our country. Not what’s best for me politically or what’s best for my political party. I have always put our country first. One may not always agree with my decision, but everyone should know that I will always do what I believe to be right for the country that I love. After doing my due diligence in reviewing the 658-page impeachment report, I came to the conclusion that I could not in good conscience vote either yes or no.

I am standing in the center and have decided to vote Present. I could not in good conscience vote against impeachment because I believe President Trump is guilty of wrongdoing.

I also could not in good conscience vote for impeachment because removal of a sitting President must not be the culmination of a partisan process, fueled by tribal animosities that have so gravely divided our country. When I cast my vote in support of the impeachment inquiry nearly three months ago, I said that in order to maintain the integrity of this solemn undertaking, it must not be a partisan endeavor. Tragically, that’s what it has been.

On the one side — The president’s defenders insist that he has done nothing wrong. They agree with the absurd proclamation that his conduct was “perfect.” They have abdicated their responsibility to exercise legitimate oversight, and instead blindly do the bidding of their party’s leader.

On the other side — The president’s opponents insist that if we do not impeach, our country will collapse into dictatorship. All but explicitly, they accuse him of treason. Such extreme rhetoric was never conducive to an impartial fact-finding process.

The Founders of our country made clear their concerns about impeachment being a purely partisan exercise. In the Federalist Papers, Alexander Hamilton warned against any impeachment that would merely “connect itself with the pre-existing factions,” and “enlist all their animosities, partialities, influence, and interest on one side or on the other.” In such cases, he said, “there will always be the greatest danger that the decision will be regulated more by the comparative strength of parties, than by the real demonstrations of innocence or guilt.”

Donald Trump has violated public trust. Congress must be unequivocal in denouncing the president’s misconduct and stand up for the American people and our democracy. To this end, I have introduced a censure resolution that will send a strong message to this president and future presidents that their abuses of power will not go unchecked, while leaving the question of removing Trump from office to the voters to decide.

I am confident that the American people will decide to deliver a resounding rebuke of President Trump’s innumerable improprieties and abuses. And they will express that judgment at the ballot box. That is the way real and lasting change has always occurred in this great country: through the forcefully expressed will of the people.

A house divided cannot stand. And today we are divided. Fragmentation and polarity are ripping our country apart. This breaks my heart, and breaks the hearts of all patriotic Americans, whether we are Democrats, Republicans, or Independents.

So today, I come before you to make a stand for the center, to appeal to all of you to bridge our differences and stand up for the American people.

My vote today is a vote for much needed reconciliation and hope that together we can heal our country. Let’s work side-by-side, seeking common ground, to usher in a bright future for the American people and our nation.

If you expect Ethics Alarms to award Gabbard an Ethics Hero designation for such equivocation, you don’t know me very well yet. Continue reading →

Cancel Culture Ethics: Two Gaffes, Two Polls

/ Jack Marshall / 31 Comments

Chuck Bonniwell and Julie Hayden, a husband and wife team, co-hosted the “Chuck and Julie “show  on KNUS AM TalkRadio in Denver. Riffing about the impeachment this week, Bonniwell said,  “All right, here, a little after 1:30, talking about the never-ending impeachment of Donald Trump. Then he added, chuckling, ” You know, you wish for a nice school shooting to interrupt the impeachment news….”  Julie quickly jumped in, saying, “No! No! Don’t even — don’t even say tha!. No, don’t even say that! Don’t call us. Chuck didn’t say that!”Still laughing,  Bonniwell tried a save, finishing his handing sentence with “in which no one would be hurt.”

Jason Salzman of the Colorado Times Recorder, who said that after hearing Hayden’s plea for listeners not to call their complaints about her husband’s joke, he “called anyway.” Sandy Phillips, who lost her daughter in the Aurora theater shooting, posted on Twitter: “This guy should be fired. Total ignorance. Shootings hurt us all … just ask witnesses and first responders. You don’t have to be shot to be wounded.”

Bonniwell isued an apology the next evening after 24 hours of criticism on the “Chuck & Julie” Twitter feed, saying,  “I made an inappropriate comment meant as a joke. I’m sorry it was not received that way.”  Too late. KNUS fired Chuck and Julie later that evening:

Was this a fair decision?

I’m not sure it was. As I have held here on other occasions, those who take extemporaneously for a living, especially when they are expected to be amusing, are constantly walking a high wire. Occasional gaffes, including moments when certain metaphorical landmines are tread-upon or lines are crossed, are inevitable, and the more creative and bold the talent, the more likely such events are. A no-tolerance policy is unreasonable, and it is virtually always the ethical approach to treat the first such error with a warning or punishment short of dismissal. Virtually, because there may always be single gaffes that are so terrible and potentially destructive to the talent’s employer that firing is the only response.

Thus the question here is whether Chuck Bonniwell’s comment falls in the latter category. My view si that it does not: Continue reading →

Ethics Recovery, 12/19/19, Post Op Edition: Terrible People

/ Jack Marshall / 36 Comments

Here I am, I think! Hello?

I’m still groggy from the anesthesia, and the doctor said not to do too much, and definitely not to make any important decisions. I remembered that advice just in time, when I was tempted to watch the Democratic Candidates’ debate, and realized I must still be disoriented. Then I turned to ABC, and thought I saw the Miss America Pageant, which is impossible in enlightened 2019, so I was definitely hallucinating. I’ve also been off my blood-thinner for two days, and could stroke out any second.

1. On Pelosi’s desperate stunt. The House of Representatives adjourned before voting to send the articles of impeachment to the U.S. Senate for a trial. Apparently Democrats are refusing to forward the impeachment to the Senate until they receive assurances the trial will be “fair” in their eyes. You know, like the partisan impeachment in the House, which began with closed hearings overseen by Adam Schiff, and no witnesses who had anything to offer but opinions and hearsay, and ended up with Articles that failed to assert impeachable offenses. Fair.

The Democrats have been following through on this insane scheme hoping to get as much TV time as possible showing Democrats insulting the President, hoping that more repetitions of “Orange Man Bad” supported by the seven Big Lies will somehow change enough votes to avoid a disaster in 2020. They know that absent some presently unknown smoking gun, there is no way they can get the two-thirds super-majority to convict (they’re wishing and hoping for that, too) and knew this all long. The plan now is to try to discredit the Senate acquittal in advance.

This requires a belief that the non-Trump Deranged among the public (think of the rest as the equivalent of the infected in “World War Z”) have the IQs of annelid worms, and the short-term memories of mayflies. The party really believes that after Pelosi and the rest said it was imperative to impeach Trump as soon as possible because the nation and the Constitution is in imminent peril, the decision now to stall the impeachment process won’t be seen as proof that the whole exercise was a cynical, dishonest, hypocritical sham. This is more than irresponsible and incompetent. This is a parody of irresponsible and incompetent.

2. More…It also illustrates the dishonest and insincere nature of the Democrat/”resistance”/mainstream media’s three-year  narrative about President Trump ignoring “democratic norms” and the Constitution. Prof. Noah Feldman, who made it clear when he testified that he wants to see Trump impeached and is willing to warp his interpretation of the Constitution to get it done, isn’t willing to endorse this trick. He wrote,

If the House votes to “impeach” but doesn’t send the articles to the Senate or send impeachment managers there to carry its message, it hasn’t directly violated the text of the Constitution. But the House would be acting against the implicit logic of the Constitution’s description of impeachment.

A president who has been genuinely impeached must constitutionally have the opportunity to defend himself before the Senate. That’s built into the constitutional logic of impeachment, which demands a trial before removal.

To be sure, if the House just never sends its articles of impeachment to the Senate, there can be no trial there. That’s what the “sole power to impeach” means.

But if the House never sends the articles, then Trump could say with strong justification that he was never actually impeached. And that’s probably not the message Congressional Democrats are hoping to send.

Alan Dershowitz, who has derided this impeachment from the beginning,writes.

“It is difficult to imagine anything more unconstitutional, more violative of the intention of the Framers, more of a denial of basic due process and civil liberties, more unfair to the president and more likely to increase the current divisiveness among the American people…President Trump would stand accused of two articles of impeachment without having an opportunity to be acquitted by the institution selected by the Framers to try all cases of impeachment. It would be as if a prosecutor deliberately decided to indict a criminal defendant but not to put him on trial.”

Civil rights attorney lawyer Harvey Silverglate described Pelosi’s gambit as  “manipulation of the system.” The whole impeachment sham has been a manipulation of the system, and now Pelosi’s defenders will have to go deeper into denial to defend it. Professor Turley, no surprise, also condemned the maneuver.  “Articles of impeachment were not meant to be articles of barter,”  Turley wrote.  “Just as the House elected not to seek to compel the testimony of critical witnesses, the Senate can make the same decision for its own house.” Continue reading →

Impeachment Ethics Update, Holiday Edition, Part Three: The Deluge

/ Jack Marshall / 9 Comments

Before getting into the selected items and outrages, let me say again that I don’t think I have ever known any issue to so hollow out the skulls of so many usually rational intelligent people—either that, or somehow create a mass ethicsectomy. Today on Facebook one of those erstwhile bright and informed individuals among my legally educated friends decided to pander to the Borg and hold a poll regarding the “worst defense against impeachment.” His #1 was that the impeachment was really an attempt to undo the 2016 election. I stopped reading right there, and you can imagine, regular readers, what I wrote, but it ended with this, with which I assume you are familiar. Of course, I could have also used this, in which we learn that Democrats indicate that they intend to keep investigating the President and seem likely to keep impeaching him until they are stopped.

1. Let’s start with the massive hypocrisy, nicely noted by David Hirsanyi. Why his piece? Because it encapsulates what is one of the biggest ethical offenses of th entire fiasco, the Democrats concocting double standards specifically to wield against this President, while daring the public not to notice…or to notice and corrupt themselves by supporting the coup efforts anyway. He wrote in part,

Not very long ago, [Democrats] were rationalizing and cheerleading unprecedented abuses of power under the Obama administration. And they’ll be cheerleading for more abuses of the Constitution the next time they win the White House.  Nancy Pelosi can dress in black, recite the Pledge of Allegiance, and act as if this impeachment is her solemn obligation, but everyone saw the Democratic party’s hysterical reaction to the 2016 election. Everyone saw dozens of candidates running in 2018 — either implicitly, but most often explicitly — on getting rid of the president. Just last week we learned that people within our intelligence agencies subverted the law to help Democrats concoct a three-year national panic meant to undermine the veracity of a fair election…. If your contention is that the Constitution protects abortion on demand through the ninth month but are fine with undermining property rights, gun rights, religious freedom, and any meaningful separation of power, you’re not a custodian of the Constitution, you’re partisan with an agenda. So do what you must. But it’s been insufferable watching you playact sentinel of the American Republic — whose presumptions, institutions, documents, and Founders you don’t really seem to like very much.

2. Back to you, Alan Dershowitz, who wrote a clear and convincing explanation in The Hill of why both Articles of Impeachment failed Constitutional standards. Key paragraph:

Both are so vague and open ended that they could be applied in partisan fashion by a majority of the House against almost any president from the opposing party. Both are precisely what the Framers had rejected at their Constitutional Convention. Both raise the “greatest danger,” in the words of Alexander Hamilton, that the decision to impeach will be based on the “comparative strength of parties,” rather than on “innocence or guilt.”

3. Polls cannot be trusted, and in this area especially there have been polls to support every confirmation bias, The story here, however, is how the Democratic Party/”resistance”/ mainstream media has  so entered the zone where they are walled off from reality that they literally can’t handle the truth. CNN legal hack Jeff Toobin (I’m sorry, but that’s what he is) threw an on-air fit as  he rejected the results of CNN’s own poll showing  Democrat support for impeachment dropping from 90% down to 77%. (The reason for this, Jeffrey, is that it is dawning on the smarter progressives  that this divisive and dangerous scream at the sky will make the President stronger).

After Alisyn Camerota did some spinning, saying “Democrat support for impeachment had softened “a little bit”—this is another variety of fake news: deliberate mischaracterization—Toobin erupted, “I don’t believe that poll for one second, the 90 to 77%. I don’t believe it! It makes no sense that that number would change like that . . . David [CNN political director David Chalianong], that poll is wrong. Just because I said so, okay?

This gives us some sense of what the reaction will be when Trump wins the election in 2020. Continue reading →

From “The Ethicist”: Revealing The Real Bigots Among Us

/ Jack Marshall / 17 Comments

Kwame Anthony Appiah, aka “The Ethicist,” apparently received two inquiries last week from what I fear are typical New York Times readers: self-righteous, progressive, and totalitarian at heart. As usually is the case, “The Ethicist’s” answers were competent. I’m not really concerned with his answers, though they were too timid and pandered to people who needed to be metaphorically slapped in the face. It’s the questions that are really ominous.

Inquirer #1 wanted to know what to “do” about her landlady, whom she and her partner “have come to believe that she harbors significant racial and gender biases.” She continued,

When units in our building come up for rent, she often asks  [us] to recommend friends, and over the years a number of our friends have lived here. I value being able to extend what really is an extremely good financial deal to friends who would really benefit from it, but am deeply uncomfortable about the fact that, in doing so, I am enabling her racism and sexism. Is there an ethical solution here? I wish I could report her to some sort of city housing authority (we are in Los Angeles), but I doubt I have any legal recourse as I’m not an aggrieved party and my belief in her biases is based on casual observations and overheard comments. I can’t point to a particular incident. I feel guilty for not wanting to recommend the place, as I know so many friends who could use the financial break, but I also feel like it’s harder and harder to justify “helping” her in any way.

The woman has not observed any incidents of racism or sexism, but she wants to “report” the landlady, who has apparently always treated her well. Inquirer #1 has decided that it’s unethical to “help” such a person because that would be “enabling” her evil ways, whatever they are. Basically, she feels that she is justified in punishing her landlady for not embracing her views, the “right” ones. Continue reading →

Impeachment Ethics Update, Holiday Edition, Part One

/ Jack Marshall / 38 Comments

1. A recent exchange in a Facebook debate: I challenged someone who said that the President had extorted a foreign government to get “dirt” on a likely opponent in the election, thus personal gain. This, he said, was impeachable. After pointing out that the evidence of “extortion” is speculative at best, since a) no money was ultimately withheld,  b) the government at issue says they did not feel extorted, and c), as many have pointed out, using such goodies as foreign aid and state visits as carrots to persuade governments to agree to various U.S. requests and demands that, among other results, might help a President or his party win an election is international politics as usual, and has only been called sinister during this administration.

Then I asked, “If all the facts were the same, except that Joe Biden had not entered the Presidential race, would there be anything wrong, much less impeachable, about the President asking the Ukraine to investigate what appears to have been possible illicit influences on the Vice President of the U.S. through benefits being showered on his son?”

No answer was forthcoming.

So much for impeachment article #1.

2. Alan Dershowitz explained last week  that the Supreme Court “pulled the rug out of part two of impeachment”  by agreeing to hear a trio of cases involving subpoenas for the President’s financial records. He is quite right; I would say inarguably so.

Dershowitz explained that by granting certiorari in three cases where Trump had challenged a congressional subpoena, SCOTUS had made a statement that there was a legal question regarding whether the subpoenas were valid.  Because the Supreme Court said the issue needed to be settled, the message was that the President was right,, that he does not have to comply with a subpoena by Congress unless a court orders him  to comply.

“Now, we don’t know how the court is going to come out,” the former Harvard professor said. “But they made it clear that’s a viable issue. So, that charge, that ground of impeachment, should be immediately removed by the House and not sent to the Senate. There’s nothing to it anymore after the Supreme Court today said you’re entitled to a review on an issue when the President challenges the subpoena power of Congress.”

And that’s it for #2. “It’s all done. It’s over,” says Dershowitz . Continue reading →

Final ‘Week Before Christmas’ Ethics Shopping, 12/16/2019: Joy, Obama, And JPMorgan

/ Jack Marshall / 15 Comments

Inspiring Christmas lyrics of the week:

Oh, the world is your snowball, see how it grows
That’s how it goes, whenever it snows
The world is your snowball just for a song
Get out and roll it along

1. That this kind of thing could happen at a major bank in 2019 is inexplicable and disgusting. Jimmy Kennedy, a nine-year NFL veteran,  earned $13 million during his nine-year career and had been told that he would be accepted as a “private client” at JPMorgan Chase, an elite designation with perks like travel discounts, exclusive event invitations and better deals on loans. When he went to  his local JPMorgan branch in Arizona to determine why he had not been accepted into the cataegory, he was told by his representative, who is black, “You’re bigger than the average person, period. And you’re also an African-American. We’re in Arizona. I don’t have to tell you about what the demographics are in Arizona. They don’t see people like you a lot.”

Kennedy recorded the conversation, and after pulling most of his money out of JPMorgan,  complained to the bank as well as an industry watchdog agency. The bank sent him a letter saying, “You stated that Mr. Belton informed you that our firm was prejudiced against you and intimidated by you because of your race. We found no evidence to substantiate your allegations.”

He also sent the recording to the New York Times, which wrote about Kennedy’s experience. A few days later, Jamie Dimon, the chairman and chief executive of JPMorgan Chase, sent a memo telling employees that such behavior “does not reflect who we are as a company and how we serve our clients and communities every day.”

That’s the Pazuzu Excuse: “It wasn’t me!” Sorry, chief, but if you have employees treating African Americans like Kennedy was treated, that is who you are as a company, and as CEO, you’re responsible. Continue reading →

A Holiday Jumbo! The Non-Racist Confederacy/Nazi Enthusiast

/ Jack Marshall / 11 Comments

In Billy Rose’s spectacular musical “Jumbo,” Jimmy Durante was confronted by a sheriff as Jimmy tries to tiptoe off with the largest elephant in captivity trailing on a rope behind him. In answer to the officer’s question, “Where are you going with that elephant?”,  the immortal Schnoz answered, innocently, “Elephant? What elephant?”

Sadly, “Jumbo” will never be produced again: too old, too expensive, too politically incorrect (it’s about the traditional circuses that had trained animals, like elephants, in their shows). Nonetheless, Jimmy’s tradition is alive and well, if you can call denying what is obvious to anyone “well.”

In Des Moines, Iowa, William Stark has painted Confederate battle flags and swastikas on pallets around his property, which is next to an elementary school. Nice. Morris Elementary has released a statement denouncing Stark’s display, which the students, who are about 60% black and Hispanic, can see when they come and go from the school, and from the playground.

Stark says he can’t imagine what their problem is. “They don’t know their history, evidently,” he protests. “That’s the only reason I can think of that they can think anything bad about it—they don’t know their history.”

I wonder what history he’s referring to.

Stark denies that there’s anything about his Nazi-Confederacy display that suggests racism, thus entering “Racism? What racism?” into the Ethics Alarms Jumbo log.

“It’s a free country,”  Stark adds. “I’ll put it out there if I want to.”

Verdict: Racist asshole.

Here’s Willy and his “non-racist” artwork:

He does have a Christmas wreath on his door, however….

Saturday Morning Ethics Warm-Up. 12/14/19: Insulting George Washington And Other Annoyances

/ Jack Marshall / 32 Comments

Good Morning!

1. Now THIS ia an abuse of power! It sure looks as if outgoing Kentucky governor Matt Bevin—he’s a Republican, remember— has decided to take revenge on the state that narrowly defeated him for re-election. Right before he moved out of the Governor’s Mansion, Bevin issued 428 pardons and commutations, often without apparent regard to who or what he was pardoning. He pardoned a man convicted of homicide, after the murderer’s  family raised more than $20,000  to help Bevin pay off a debt owed from his previous gubernatorial campaign.  That wasn’t the only murderer Kentucky got back in its Christmas stocking; there were more, like the man who paid to have his business partner killed, and  another who killed his parents.. Bevin released a man convicted of raping a child.

While many of the pardons issued did involve cases where there were allegations of  sloppy police work and injustice, many did not. Bevin pardoned  Dayton Ross Jones, who pleaded guilty to the 2014 sexual assault of a 15-year-old boy, for example. That crime was captured on video and shared on social media. Jones was sentenced to 15 years in prison in 2016. Now he’s out.

“A young man was attacked, was violated, it was filmed, it was sent out to different people at his school,” Kentucky’s new governor, Andy Beshear said. “It was one of the worst crimes that we have seen. I fully disagree with that pardon. It is a shame and its wrong.”

But there isn’t a thing he or Kentucky citizens can do about it.

2. Let’s ask Chris Wallace about this sterling example of fair and balanced journalism...I know that Ethics Alarms has documented over many years what a partisan, biased, incompetent and dishonest hack Chris Cillizza is, so this is hardly news. Still, he has a job at CNN, which allows him to inflict his hackery on the public. An ethical news organization wouldn’t keep someone like Cillizza around., but as James Earl Jones used to say, “This is CNN.” The disturbing part is that he’s far from the worst hack on its payroll.

A Monmouth University poll this week claimed that Republican voters believed that George Washington was a better President than Donald Trump by only a 44%-37% margin. (Remember: polls.)  Cillizza said that fact that 37% of Republican respondents chose Trump over Washington provides “a useful way into understanding just how rote the fealty is to Trump within the ranks of the Republican Party at the moment.”

Let me just interject here that almost no Americans could tell you anything about George Washington’s terms in office other than the fact that he was the first President. (This is another reason to watch “John Adams.”)

While implying that Republicans are ignorant morons, however, Cillizza neglected to mention another alleged result of the poll: Democratic voters said former President Barack Obama was a better President than George an embarrassing 63%-29% margin. Continue reading →

Terrific. Our Future Military Leaders Are Being Trained By Craven, Politically Correct Idiots.

/ Jack Marshall / 13 Comments

Let’s start with this false headline from the Times: “West Point Strips Racist Motto From Its Football Team Flag.” The motto is ” “God Forgives, Brothers Don’t.” There is nothing racist about that motto, in meaning, history or intent. The Times implies that West point has been flying a racist motto since the line was added, about 25 years ago. Wrong. Fake news. Dumb reporters.

But that’s not all. Do you see any motto on that flag above? No? Perhaps it’s because there is no motto on it, just the initials of the motto. Is “I.G.W.T” a motto? How about “L.F.O.D”? Here, look closely at where the skull’s lip would be, if it weren’t a skull:

When the academy discovered that slogan that those initials represented was now being used by the Aryan Brotherhood of Texas, a  violent white supremacist prison gang where male members refer to one another as “brothers” and call their female associates “sisters,” it became all scared and stuff about being criticized by race-baiters and mean people, so it removed the words. Yes, this is how a venerable military academy thinks now. I know I feel safer.

Continue reading →