Ethics Dunces

Morning Ethics Warm-Up, 10/10/19: Omar, Warren, Clinton, And Urinals

/ Jack Marshall / 38 Comments

Good morning!

Yesterday I had completed a 3-hour Ethics CLE program for a distinguish national law firm’s D.C. office, aided by my sister, retired justice Dept. and HHS attorney Edith Marshall. (This time, her role was to lead the attendees in the chorus section of my legal ethics parody of “Trouble in River City” from “The Music Man.”) I knew that I should have gotten some posts done when I returned, but a) I was exhausted and b) there were two Game Five play-off games to watch. Sometimes, baseball comes first. Priorities! Congratulations to the St. Louis Cardinals for an upset win over the Braves, whose horrible fate of giving up ten runs in the first inning I wouldn’t even wish on the Yankees. Imagine knowing you have lost before your team even gets up to bat, and that you’re in front of the home team fans who will have to suffer through three hours of slow, inevitable humiliation. Ugh. The Braves lost with as much dignity as possible in such a hopeless situation. And congratulations to the resurgent Washington Nationals, who came back from a late  deficit to tie the game in the eighth, and then won on a grand slam in the tenth. They are now headed to the seven game play-off to determine who represents the NL in the World Series, the first time a Washington, D.C. team has been this close since 1933. D.C. really needed this.

1. Should it matter? Minnesota Fifth District Rep. Ilhan Omar, she of “The Squad” fame (or infamy)  has filed for divorce from husband Ahmed Hirsi, whom she only married last year, though he is the father of her three children. Omar’s petition for dissolution of her marriage has been posted online here. Our sole Somali Muslim House member previously was married to  Ahmed Nur Said Elmi, who appears to be her brother and whom she married to perpetrate a citizenship fraud in 2009. Omar legally dissolved that marriage in 2017. There appears to have been a period where she was married to both men. Omar has never given a straightforward explanation for her tangled domestic affairs.

Should any of this matter? These things really do constitute “personal, private conduct,” unlike the workplace misconduct that the enablers of Bill Clinton tried to defend by using that term. If Omar did perpetrate a fraud, however, or was married to two husbands, those are very relevant to her fitness to serve as a law-maker. Continue reading →

“Forget It, Jake, It’s Canada!”: The Craziest Ethics Ruling Ever!

/ Jack Marshall / 10 Comments

Pervert!

Alexandru Tanase, a Canadian dental hygienist, has been stripped of his license because he violated an ethics regulation forbidding sexual relations between dental hygienists and their patients even if they are married. Many professionals have such ethics prohibitions, including lawyers. Tanase’s patient in this case, however, was his wife.

The College of Dental Hygienists of Ontario felt that a disciplinary hearing was necessary following a complaint against Tanase made by a jerk of a colleague who had read a Facebook post from Tanase’s wife about the care he had provided her.  It wasn’t the first time: they had become romantically involved after Tanase had learned that she had neglected her teeth for years out of fear, and agreed to provide free in-office treatment as a kindness. This was in 2012; by 2014, the platonic friendship had turned to  love, and they later became man and wife. Because of Ontario’s no-sex-with-dental-hygiene-patients rule, Tanase had stopped cleaning her teeth around this time. Ontario enacted the zero-tolerance policy in 1993 to protect patients from sexual exploitation, and under the (lazy and stupidly written) law, mutual consent creates no exceptions. Continue reading →

Monday Ethics Musings, 10/7/2019: Questions, Questions…

/ Jack Marshall / 19 Comments

Thinking…

Wait, where are my clothes???

1. When will Mrs. Q make her debut as a regular contributor to Ethics Alarms? I’m working out the details. She’s ready, I’m behind, we’ll get it done. Very excited.

2. If everything is going to be done online, is it reasonable to expect those companies who force us to interact that way to be competent? Case Study: The Boston Globe just offered me a 6 month digital subscription for a buck. But an old password connected to my email address prevented me from entering the new one necessary to accept the deal. All links went to current subscription or subscribing at the regular price. It took 40 minutes of online chats with robots and a human being (who disconnected me one) to fix the problem, which was in how the Globe set up the offer acceptance page. I ended up using a password made up by “Sherry” because I couldn’t reset my password myself. This kind of thing happens all the time. I wouldn’t have a clue how to set up a website response system, but if that was my job, I would be obligated to do better than this.

3. What good are movie critics whose opinions and tastes aren’t shared by their readers? My view: not much. The job of a critic is to let readers know if readers would appreciate the movie or not. A critic who can’t or won’t do that, and most don’t, is useless. I was thinking about this when I encountered this article in The Guardian listing the films for which audience ratings and critical ratings diverged the most.

Much of the disparity today is caused by critics who allow their ideological biases to dominate their judgment: yes, bias makes them stupid. Another problem, harder to over-come, is that the judgment of people who see hundreds of movies a year and who are often steeped in the art of film-making often has no relevance to the movie average audience member at all. Yet another is the unavoidable fact that few critics are equally qualified to review all genres. Horror movies are especially frequent victims of this problem.

Incidentally, yesterday I watched a new horror movie, “A.M.I.” that exploited the inherent creepiness of online personal assistants like Siri and Alexa. It was pretty bad, but the final scene was so ridiculous (and predictable) that it almost justified the film. Almost. Continue reading →

The Ethically Inert NBA Shows Its Corrupted Soul

/ Jack Marshall / 21 Comments

It was less than a week ago that the New York Times’ John Branch wrote,

“…the best thing about the start of the N.B.A. season — or just the preseason, which began this week — is that it thrusts the league back into the conversation. Not just about sports, but about the connection sports have to everything else, from politics to fashion, civil rights to gun rights…The N.B.A. is comfortable being connected. Opinions count. Expression is (mostly) encouraged. Politics is not filtered through political correctness, not parsed by focus groups or marketing departments…the N.B.A. does at least one thing better than other leagues: It joins the conversation and adds to it. It is a game for adults.”

Right on, John. And here’s what the NBA just added to the conversation: the league will kowtow to a repressive totalitarian regime and punish employees who choose freedom over submissiveness if it’s good for the bottom line.

Houston Rockets GM Daryl Morey posted this on Twitter:

The Horror! Who in the U.S. doesn’t support the Hong Kong protesters, other than maybe Bernie Sanders and Rep. Ocasio-Cortez? Well, interestingly given Branch’s puff piece, the NBA doesn’t. The reason? Why money, of course. The NBA regards China as a growth market; never mind the slavery, political prisoners and repression of basic rights. Are you ready to ruuuuuumble???  Rockets owner quickly slapped Morey down, tweeting, 

Listen….@dmorey does NOT speak for the @HoustonRockets. Our presence in Tokyo is all about the promotion of the @NBA internationally and we are NOT a political organization.

Well, unless a Rockets player is bashing the United States as racist…that’s just fine.

Morey was forced to take down his tweet (betting is that he will be fired), and then issued a Galileo-style apology, if Gallileo had used Twitter:

I did not intend my tweet to cause any offense to Rockets fans and friends of mine in China. I was merely voicing one thought, based on one interpretation, of one complicated event. I have had a lot of opportunity since that tweet to hear and consider other perspectives…I have always appreciated the significant support our Chinese fans and sponsors have provided and I would hope that those who are upset will know that offending or misunderstanding them was not my intention. My tweets are my own and in no way represent the Rockets or the NBA.

“Other perspectives.” Here’s one: “Chinese state media urges quicker trials and heavy sentences for Hong Kong protesters…People’s Daily says the city’s judiciary has been too lenient in dealing with those arrested during months of unrest Xinhua slams school of 18-year-old shot in chest by Hong Kong police for failing to denounce him, after school said it shared young people’s concerns…” Continue reading →

The Most Important Question Raised By Another Fake Hate Crime Story: How Much Lousy, Irresponsible, Divisive, Biased Journalism Will The Public Tolerate And The News Media Refuse To Fix?

/ Jack Marshall / 32 Comments

All over the major newspapers and news media last week was the ugly tale of another “hate crime.” 12-year-old Amari Allen, a black sixth-grader at a Christian, Northern Virginia private school, said that three white boys held her down and  cut off some of her dreadlocks.

The New York Times  and other news sources decided this was national news, just like a white Catholic school boy not having the right expression on his face when he was being harassed by a Native American activist.  More proof of racism in America! “They put me on the ground,” the girl recounted in an emotional phone interview”One of them put my hands behind my back. One put his hands over my mouth. One cut my hair. They were saying that my hair was ugly, that it was nappy.”  Why was this alleged episode of childhood bullying worthy of national attention? It was because Mike Pence’s wife Karen teaches at the school, the Immanuel Christian School in Springfield, about 15 minutes from my home.

This was cognitive dissonance manipulation. Pence’s wife teaches at a school where a black girl was racially harassed, thus the school is racially biased, thus Karen Pence is facilitating racism, thus her husband consorts with a racist, and it all leads back to that racist, President Trump. ( Big Lie #4)

With the same motivation,  the left wing websites enthusiastically promoted the story. Here’s the always shameless Daily Kos:

See the white supremacy hate crimes that Trump, Pence, and Republicans foster? The local NAACP immediately got into the act, talking about lawsuits.

Except that it didn’t happen. The Washington Post reported today that the girl has recanted, and her grandparents, who are raising her, have apologized.  Continue reading →

KABOOM! “Human Sacrifice, Dogs And Cats Living Together, Mass Hysteria!”… If I Hadn’t Seen This, I Wouldn’t Have Believed It, And My Head Wouldn’t Have Exploded

/ Jack Marshall / 18 Comments

Remember, Donald Trump is the fascist who is trying to crush democracy. Just repeat that to yourself as you consider this, and maybe…no, it still will still make your head explode.

Joe Biden’s presidential campaign, in the persons of  Biden’s top aides Anita Dunn and Kate Bedingfield, sent a letter  to the heads of the major news and cable networks, as well as top news anchors, demanding that they refuse to book Presidential advisor Rudy Giuliani. It read in part,

“We are writing today with grave concern that you continue to book Rudy Giuliani on your air to spread false, debunked conspiracy theories on behalf of Donald Trump. While you often fact check his statements in real time during your discussions, that is no longer enough. By giving him your air time, you are allowing him to introduce increasingly unhinged, unfounded and desperate lies into the national conversation, We write to demand that in service to the facts, you no longer book Rudy Giuliani, a surrogate for Donald Trump who has demonstrated that he will knowingly and willingly lie in order to advance his own narrative…Giuliani is not a public official, and holds no public office that would entitle him to opine on the nation’s airwaves.”

Then the letter demands that if the former mayor is put on the airwaves, “an equivalent amount of time” be given “to a surrogate for the Biden campaign.”

Frankly, I still can’t believe Biden approved this, but of course, he must have. What’s going on here?  Incredibly, this: A former Vice President and current (though doomed) Presidential hopeful is asking the news media to actively censor a political critic. Continue reading →

Ethics Verdict: The Democrats Will Be 100% Responsible For The Damage The Impeachment Will Do To The nation.

/ Jack Marshall / 33 Comments

Impeachment, though it is doomed to fail, will be terrible for the country in too many ways to count, and the Democratic Party, abetted by the mainstream news media, will be 100% responsible for the harm. Not 75%. Not 99%. 100%.

I know I’m going to have to write a lot in the coming months about this, and I’m already sick of it, but if progressives, the media and the Democrats had treated this President as every one of his predecessors had been treated, we would not be here. They all decided to actively search for a justification to remove this President from office without an election. The calls for impeachment and contrived legal excuses to remove him began before Trump even took office.

It is satisfying, I suppose, in a mordant way, that the Democrats somehow trapped themselves into using one of the lamest and least persuasive justifications for an impeachment inquiry imaginable, and will pay a steep, steep price for it. Even the fact that the party and the media will suffer greatly for their attack on democracy, however, does not sufficiently mitigate the damage they will have done to the nation. Continue reading →

Afternoon Ethics Tea, 9/26/2019: A Drunk Lawyer, A Disgraceful Congressman, Uncivil Peanut Butter And The Dolls America Needs [UPDATED!]

/ Jack Marshall / 36 Comments

These trustworthy scones are divine!

1. First, the important stuff: peanut butter ethics. Now Jif, the peanut butter, has joined the detestable ranks of consumer products that deliberately evoke the vulgarity “fuckin'” in its advertising. Booking.com was the first company chided here for this particular offense against minimal civility, when I wrote,

Ethics dictates that one communicates with respect for anyone within hearing distance, and unless ugly words serve a material purpose, using them is not the mark of a good citizen, a good neighbor, or a trustworthy human being. Nor is spouting vulgarity witty, and unless you are 11, and employing obvious code words that sound like curses, epithets and obscenities isn’t especially funny either, since we pretty much exhausted the possibilities at summer camp. I have no idea why anyone would want to recast the culture as a place where professionals curse like sailors and the words “fuck” and “cocksucker” are as likely to issue from a debutante’s lips as those of a hip hop artist, but that seems to be the objective now. … TV stations happily accept money from advertisers using code words for “ass” (Verizon), alluding to sexual intercourse (Reese’s), and evoking the word “shit” (K-Mart and DraftKings).

Booking.com no longer uses this device, but Jif now pronounces itself “Jif’n good!” Fortunately, this peanut butter aficionado regards Jiff as the least of the  national brands and varieties (1. Skippy Natural 2. Skippy regular, 3. Peter Pan crunchy 4. Peter Pan smooth…and Jif, bringing up the rear.

Now I won’t even buy this peanut smutter when it’s on sale.

2. Apparently the mainstream media AND the Democrats are determined to dash what’s left of their rotting credibility to smithereens with this last ditch impeachment push:

  • Today’s “Japanese Bombs Pearl Harbor” size headline across the New York Times print edition: TRUMP ASKED FOR ‘FAVOR’ IN CALL, MEMO SHOWS.” Again, this would be really funny if it wasn’t so destructive.
  • Showing unprecedented lack of respect for the office of President (and proving beyond any doubt that no American who wants fair and objective reporting on politics should tune into MSNBC), the network’s Nicole Wallace cut off the  audio at President’s   first news conference since House Democrats opened a formal impeachment inquiry,, saying,  “We hate to do this, really, but the president isn’t telling the truth.”
  • In Congress, on TV, Rep. Adam Schiff read into the record his “paraphrase” of the transcript of the President’s phone call to the Ukraine President. Sample:

“I’m going to say this only seven times, so you better listen good, I want you to make up dirt on my political opponent, understand, lots of it, on this and on that, I’m going to put you in touch with people.”

“Is he just making this up?” Committee member Mile Turner (R-Ohio) asked. Indeed he was. Althouse’s commenters are having a field day on this. Ann’s readership is ideologically mixed, but you couldn’t tell that from the utter contempt Schiff’s stunt inspired. Continue reading →

Ethics Dunce: Fox News

/ Jack Marshall / 21 Comments

Fox News’ reaction to the segment above was to ban…The Daily Wire’s Michael Knowles from future broadcasts. Not the fact-free, name calling climate change shill who called Knowles “skinny boy” and who took the ridiculous, but familiar, position that children who place themselves in the middle of serious policy controversies cannot be held to the same standards as any other advocate, and judged on the basis of their credibility and credentials. Knowles’ terms for Greta Thunberg may have been harsher than necessary, but they were nonetheless true and accurate. She is definitely being exploited. She is even less credible than a normal 16-year-old because of her multiple behavioral maladies. And she is Swedish.

Chris Hahn,  a Democratic Party activist whom Fox News uses as a contributor because he makes progressives look like thugs, was obnoxious, abrasive, insulting and factually wrong. It may not have been nice (or necessary) to refer to Greta Thunberg as “mentally ill,” and it’s certainly politically incorrect, but it is not horrific calumny as Hahn would have us think. The National Alliance on Mental Illness includes autism spectrum disorder (ASD) among its topics, which is prima facie evidence that “mentally ill” is not a false description of Thunberg’s state. It is described as “a developmental condition that affect a person’s ability to socialize and communicate with others. People with ASD can also present with restricted and/or repetitive patterns of behavior, interests or activities. The term “spectrum” refers to the degree in which the symptoms, behaviors and severity vary within and between individuals. Some people are mildly impaired by their symptoms, while others are severely disabled.”

“Illness” is not a unfair description of such a problem. Would Hahn have flipped out if Knwoles said, “mentally disabled”? Is there any doubt? Continue reading →

Signature Significance (Again) From the New York Times: A Trustworthy Newspaper Does Not Do This [CORRECTED]

/ Jack Marshall / 30 Comments

That would be a more useful rule, of course, if there were any trustworthy newspapers.

The most recent Ethics Alarms filing under “Nah, there’s no mainstream media bias!” appeared yesterday.  A story headlined Brett Kavanaugh Fit In With the Privileged Kids. She Did Not appeared in the Sunday Times, with the sub-head, “Deborah Ramirez’s Yale experience says much about the college’s efforts to diversify its student body in the 1980s.” And why were Yale’s efforts to diversify in the Eighties suddenly worthy of a Times feature in September, 2019? Because the real purpose of the article was not to talk about Yale, but to smear Supreme Court Justice Brett Kavanaugh —again.

Ramirez was Kavanaugh’s Yale classmate  who had told The New Yorker last year during the justice’s confirmation hearings that she’d been severely inebriated at a party at Yale in her freshman year when “something” had happened. She said that “a male student pointed a gag plastic penis in her direction” and  a “third male then exposed himself to her.” The assumption is that the flasher was Kavanaugh, though Ramirez never directly named him. New York Times reporters Robin Pogrebin and Kate Kelly tried to verify the story, and could not. Never mind: they wrote a book anyway.

In “The Education of Brett Kavanaugh: An Investigation,”  they quoted the same individuals the New Yorker had tracked down who said that they “heard about” the incident, as well as Ramirez’s mother, who says—now this is a smoking gun if there ever was one—that  she was told at the time that “something happened” at Yale.

Nevertheless, the Times reporters are convinced that Ramirez’s claim is correct. They wrote,

A classmate, Max Stier, saw Mr. Kavanaugh with his pants down at a different drunken dorm party, where friends pushed his penis into the hand of a female student. Mr. Stier, who runs a nonprofit organization in Washington, notified senators and the F.B.I. about this account, but the F.B.I. did not investigate and Mr. Stier has declined to discuss it publicly. 

Not “fit to print,” apparently, was the that Stier was not only a non-profit executive but also had served as one of Bill Clinton’s defense attorneys. Heck, why should that be relevant to his credibility? But I digress… Continue reading →