Ethics Dunces

Morning Ethics Warm-Up, 9/14/18: A Newly Christened Ethics Train Wreck!

/ Jack Marshall / 73 Comments

Good Morn…ARRRGH!!!

1. As predicted…The wounded Ethics Alarms commenter who sued me for defamation is appealing the Massachusetts judge’s ruling granting my motion to dismiss for failure to state a cause of action. His main objective, I assume, is just to waste as much of my time and money as possible. Apparently he either has posted or will post the entire transcript of the hearing and a recording of the proceedings on his website.

2. It’s official! The Bret Kavanaugh confirmation is officially and ethics train wreck. It was already a national embarrassment. Putting it over the top and on the metaphorical rails was the truly nauseating smear attempted by Senator Diane Feinstein (D-Cal). Here is her statement:

“I have received information from an individual concerning the nomination of Brett Kavanaugh to the Supreme Court. That individual strongly requested confidentiality, declined to come forward or press the matter further, and I have honored that decision. I have, however, referred the matter to federal investigative authorities.”

This is pure innuendo with no content whatsoever, and thus dirty politics, indeed McCarthyite politics. But wait! There’s more! From the Intercept:

It purportedly describes an incident that was relayed to someone affiliated with Stanford University, who authored the letter and sent it to Rep. Anna Eshoo, a Democrat who represents the area. Different sources provided different accounts of the contents of the letter, and some of the sources said they themselves had heard different versions, but the one consistent theme was that it describes an incident involving Kavanaugh and a woman while they were in high school.

I’m sorry if heads are exploding, but I’m especially concerned about those who will try to rationalize what Feinstein, and the Democrats, are doing in their desperation to defeat the nomination of a completely qualified Supreme Court candidate. A second, third or fourth-hand hearsay account from an anonymous source alleging  some kind of possibly sexual misconduct (by 2018 #MeToo rules, I’m sure) was passed along to Feinstein, who announced that she was referring it to the Justice Department, and the alleged conduct of an undefined nature occurred when Kavanaugh was a high school student. Continue reading →

Ethics Dunce State: California (Who Else?)

/ Jack Marshall / 17 Comments

We don’t need further evidence that the Golden State has jumped the ethics shark, has general contempt for the Bill of Rights and is in thrall to Alinskyite “ends justify the means” rationalizations, but here it is anyway. California state lawyers tried to defend in federal court an old law, California Penal Code §26820, which read:

No handgun or imitation handgun, or placard advertising the sale or other transfer thereof, shall be displayed in any part of the premises where it can readily be seen from the outside.

Now, don’t ask me how a law like lasted as long as it has; the thing is 95 years old. But it’s embarrassingly unconstitutional. That’s prior restraint by definition. If a first year law student, or a well-educated college student (if thee are such things), reads that law, the First amendment alarms have to start ringing. Why wouldn’t California just repeal such a law, quietly, so as not t embarrass the state? Why wouldn’t California, like a state with some integrity that supports  core U.S. values, just concede to the Court that the law is a dud, and not oppose the claim that it is illegal? I think we have to assume that is because the culture of this particular state has rotted through. It doesn’t support core U.S. values like the freedom of speech, which might be the most vital of them all. Continue reading →

LATE Comment Of The Day: “Ethics Dunce: MSNBC’s Rachel Maddow”

/ Jack Marshall / 3 Comments

My inexcusable failure to previously post this Comment of the Day by Curmie, originally offered nearly two months ago, is especially bad because of the rapidity with which the news media concocts, hypes, or otherwise featured new tangential assaults on President Trump every day. I had forgotten about this one: the White House posted an incorrect version of the Helsinki press conference transcript. Boy, that seems like a hundred scandals, real, manufactured, and imagined, ago!Allow me to refresh your memory and mine:

MSNBC hostess Rachel Maddow, along with many of her fellow journalist members of “the resistance,” pounced on the mistake, accusing the White House of intentionally editing the transcript. Then, after the Washington Post explained  that the omission was not the fault of the White House, Maddow, who is often cited as a trustworthy left-wing journalist simply because she is so much less flagrant than her MSNBC colleagues, denied that her reporting was incorrect, saying,

“This is one possible explanation for why the White House transcript & video from Helsinki doesn’t include Putin saying he wanted Trump to win. But Putin really did say that in Helsinki…..and the White House transcript & video still does leave it out. WaPo now says it has updated its own transcript. Will the White House? After more than a week of reporting on the bad transcript (see link below)…

(1): White House has let it stand uncorrected, and

(2): POTUS now asserts that Putin wants *Dems* to win, not him.

I love WaPo with the heat of 1000 suns, but nothing here from WaPo disproves our report.”

 Washington Post reporter Philip Bump, quickly pointed out Maddow’s dishonesty, writing,

“Your report asserts that the video was edited and implies that the incomplete transcript was posted intentionally. There’s no evidence for the first point and my piece provides context to suggest that the second was unintentional.”

With that background, here is Curmie’s much delayed Comment of the Day on the post, Ethics Dunce: MSNBC’s Rachel Maddow. He also gets extra points for the baseball reference at the end…

Apparently I’m one of the few lefties who comment here even occasionally these days. I trust I will not become an “exile.”

This story becomes an intriguing example of the partisan fragmentation of the country that has been happening for about a generation. Some people will believe everything Rachel Maddow (or Sean Hannity, or…) says; some will believe nothing. Too few will parse the content.

Maddow’s allegation that someone intentionally edited the tape/transcript is unsupported by facts, and her smug reassertion of a discredited argument is, to say the least, problematic.

But I’ve written on my blog about two variations on what I call the Christine Vole effect, named for the character in the Agatha Christie short story/play and subsequently Billy Wilder movie who intentionally allows her absolutely truthful testimony describing her husband’s guilt to seem instead to be the vengeance of a jealous wife. The jury was influenced by the implosion of her testimony, which was, by the way, unnecessary to the prosecution’s case; they acquit.

The variation, as we saw often in the likes of James O’Keefe, and here with Maddow, is the unintentional corollary: by making an extreme statement, the speaker undermines the rest of an otherwise persuasive argument. Continue reading →

Tennis Ethics: Spectacular Ethics Train Wreck At The U.S. Open

/ Jack Marshall / 45 Comments

 

Wow.

And tennis is supposedly one of the most ethical sports.

This weekend’s U.S. Open women’s final opened up so many cans of ethics worms that they should be squiggling for weeks.

Here is the New York Times report in part:

Anger, boos, tears and an accusation of sexism overshadowed a remarkable victory by Naomi Osaka, a rising star who became the first tennis player born in Japan to win a Grand Slam championship.

Osaka soundly defeated her childhood idol, Serena Williams, 6-2, 6-4, in the women’s final of the United States Open on Saturday, blocking Williams from winning a record-tying 24th major singles title. But the match will long be remembered for a series of confrontations between Williams and Carlos Ramos, the match’s chair umpire, who issued three penalties against Williams in the second set, after Osaka had established her dominance.

The first was a warning after Ramos felt Williams was receiving instructions from her coach, Patrick Mouratoglou, from the stands, which is against the rules. Williams was offended by the implication that she was cheating, and she demanded an apology. Later, after losing a game, she smashed her racket on the court, incurring a second penalty and the loss of a point. Finally, after she called Ramos a “thief” for taking the point from her, Ramos cited Williams a third time, resulting in the loss of a game. Williams’s anger intensified, and she pleaded for help from the tournament referee, Brian Earley, and the Grand Slam supervisor, Donna Kelso….

But what should have been a moment of uninhibited joy for Osaka turned into tears of sadness. The postmatch celebration was tarnished by the angry booing from fans upset over what they perceived as Ramos’s unfair treatment of Williams, and amid the cacophony, amplified by the closed roof because of rain, Osaka pulled her visor down over her face and cried….

In the second game, Ramos spotted Mouratoglou urging Williams to move up, and Mouratoglou conceded that he was, in fact, coaching. But he argued that it is done by every coach in every match and that the warning was the cause of what followed. He said Ramos should have quietly told Williams to inform him to cut it out. “That’s what umpires do all year,” the coach said, “and it would have ended there, and we would have avoided a drama that was totally avoidable.”

Williams approached the chair to tell Ramos that it was a “thumbs-up” gesture and that she would never accept coaching on court, which is against the rules of Grand Slam events. “I don’t cheat to win,” she said in a stern tone. “I’d rather lose.”

During the next changeover, tensions seemed to simmer down during a civil exchange when Williams explained to Ramos that she understood he might have interpreted some coaching, but that none actually existed.

Williams went back on court, held her serve in that game, and then broke Osaka’s serve to take a 3-1 lead in the second set. If she could have consolidated that break, it might have turned the flow of the match. But Osaka broke right back, and after the game ended, Williams destroyed her racket by throwing it to the court in anger. That resulted in a racket abuse penalty, a second code violation, for which the penalty is a point. Osaka would start the next game ahead by 15-0. When Williams realized that, she argued more and demanded that Ramos apologize to her and make an announcement to the crowd that she was not receiving any coaching. Ramos, known for his no-nonsense approach, did not relent.

“You owe me an apology,” Williams said. “I have never cheated in my life. I have a daughter and I stand for what’s right for her and I have never cheated.”

When the next changeover came, with Osaka leading, 4-3, Williams, still visibly distraught over what she perceived as unfair treatment, told Ramos that he had stolen a point from her and called him “a thief.” For that, Ramos gave Williams a third code violation, which meant she lost a game. Without swinging her racket, Osaka was now ahead, 5-3, and one game from the championship. Williams did not appear to realize that Osaka had been given the game until she reached the baseline again. Now fuming, she returned to the chair and demanded to speak to Earley and Kelso. Fighting back tears as the crowd yelled, hooted and booed, Williams pleaded her case. She said the treatment was unfair and argued that male players routinely behave in the same manner without facing penalties.

“There are men out here that do a lot worse, but because I’m a woman, because I’m a woman, you’re going to take this away from me? That is not right,” Williams told one official. Later, at a post match news conference, she accused Ramos of sexism for issuing a code violation for her “thief” accusation….

As the players stood next to each other, fans booed and Williams, seeing how upset Osaka was, moved over and put her arm around the new champion and then pleaded with the fans not to boo.

Osaka, in her speech, apologized to the fans, acknowledging that most of the fans were rooting for Williams in her quest to set a career record.

Now this, from the Sporting News:

Patrick Mouratoglou admitted to coaching Serena Williams during the U.S. Open final, but believes she never received his message….Mouratoglou said he had attempted to help Williams, but added coaching was common in almost every match.”I’m honest, I was coaching. I don’t think she looked at me so that’s why she didn’t even think I was,” he told ESPN.

“But I was, like 100 percent of the coaches in 100 percent of the matches so we have to stop this hypocritical thing. Sascha (Bajin, Osaka’s coach) was coaching every point, too. “It’s strange that this chair umpire (Carlos Ramos) was the chair umpire of most of the finals of Rafa (Nadal) and (his uncle) Toni’s coaching every single point and he never gave a warning so I don’t really get it.”

If you read Ethics Alarms with any regularity at all, you should be able to predict some of the commentary here, if not all of it.

Observations: Continue reading →

Homeward Bound Saturday Morning Ethics Catch-Up, 9/8/2018: Not Spartacus, Not Good Citizens, Not Trustworthy

/ Jack Marshall / 35 Comments

Good Morning!

1 Good job, everybody. Lots of comments yesterday despite scant new content. Thanks. I am in the process of organizing a new D.C. law firm, Bergstein, DeCailly and Marshall, PLLC. I’m the ethics partner. It shouldn’t interfere with the activities of ProEthics or Ethics Alarms, except for the occasional conflict of interest that raises its hoary head, and time, like yesterday. I was in meetings down here in Ft. Lauderdale from early morning through dinner, meeting with a large group of some of the most fascinating and diverse professionals I’ve ever been involved with. I arrived back at the hotel too fried to even consider posting anything. I have responded to some comments while I’m waking up today.

The lack of participation by those of a more liberal orientation is disappointing, and rankles me daily. I hate being rankled. I guess I should be able to sympathize with why a omitted progressive or Democrat would want to have a bag over his or her head after the last few days of self-immolation by Senate Democrats, or would be paralyzed by embarrassment at hearing Barack Obama, of all people, complain that the Republicans are divisive. The most divisive occurrence in American politics is when the previous President actively works to undermine the current one. There is a reason that hasn’t happened since Teddy Roosevelt turned on President Taft, and the result was the election of one of the most disastrous Presidents of all time, Woodrow Wilson.

2. 16 places you can retire to if you’re a lousy American. The entire attitude underlying this article, 16 countries where you can retire ‘happier’ than in the US. is selfish and irresponsible. You are an American citizen and this is a participatory democracy. I don’t care if you’re retired; you still have a lifetime obligation to contribute to society, your community, and the nation. Happier nations for the retired, according to the article, are rated according to how the happiness of retirees is trending. Of course that method shows the U.S. in a bad light: retirees are justifiably pissed off watching one party set out to rip the country in two, open borders, and undermine the Bill of Rights, the election of Presidents, and our institutions, and the other being led by an irresponsible narcissist. That doesn’t mean that the patriotic and ethical response is to leave the country that got them this far to the antifa and “the resistance.” Continue reading →

Morning Ethics Warm-Up: Through The Teeth Of The Storm Edition

/ Jack Marshall / 36 Comments

Good Morning!

Just flew to Florida on pressing business. Ethics knows no obstacles…

1. From the  “The Ends Justify The Means” Files, Democratic section: Led by Sen. Cory Booker, Democrats are releasing confidential documents willy-nilly, in breach of Senate rules.  The Washington Post calls this “civil disobedience.” Elected officials aren’t allowed to engage in civil disobedience, because their duties include maintaining civil order and the Rule of Law. This isn’t civil disobedience. This is Democrat Senators violating rules when they think it’s to their advantage to do so. Chuch Schumer, whose reputation and level of public trust should be in freefall for anyone paying attention, tweeted,

“I stand w/ Judiciary Committee Democrats who are well within their rights to release these very important documents that a former Kavanaugh deputy designed as “committee confidential.”

This is apparently another convenient Democratic Party rule change: restrictions don’t count if Democrats don’t like the official who has the power to issue them.

2. This is  pure bigotry and discrimination. Why isn’t that obvious? Why isn’t the news media pointing it out? From the LA Times:

Twentieth Century Fox was just days away from locking picture on “The Predator” when an urgent note came in: Delete the scene featuring Steven Wilder Striegel. Striegel, 47, didn’t have a big role in his longtime friend Shane Black’s reboot of the sci-fi thriller — just a three-page scene shared with actress Olivia Munn.But last month, Munn learned that Striegel is a registered sex offender who pleaded guilty in 2010 after facing allegations that he attempted to lure a 14-year-old female into a sexual relationship via the internet. When Munn shared the information with Fox on Aug. 15, studio executives quickly decided to excise him from the movie.

This reminds me of the scene in “Ship of Fools” when a passenger is exiled from the captain’s table on a German ship because a Nazi complains that he is Jewish. Continue reading →

Ethics Observations On “I Am Part Of The Resistance In The Trump Administration” [UPDATED]

/ Jack Marshall / 56 Comments

You can find the instantly sensational op-ed here, as well as the New York Times’s various and predictable articles exploiting their own “scoop.”

“I work for the president but like-minded colleagues and I have vowed to thwart parts of his agenda and his worst inclinations,” says this alleged “senior official.” “…Meetings with him veer off topic and off the rails, he engages in repetitive rants, and his impulsiveness results in half-baked, ill-informed and occasionally reckless decisions that have to be walked back….The erratic behavior would be more concerning if it weren’t for unsung heroes in and around the White House…. It may be cold comfort in this chaotic era, but Americans should know that there are adults in the room. We fully recognize what is happening. And we are trying to do what’s right even when Donald Trump won’t….

Observations:

  • It doesn’t, or shouldn’t to fair and rational readers, matter what the author claims. He, or whoever he, she or it is, is inherently without credibility, just as all anonymous hit pieces are.  By his own admission and the evidence of the essay, the author is a liar, a coward, a spy, a mole and a saboteur, and an individual who is deliberately attempting to undermine democracy. There is no justification for trusting any aspect of his representations. Of course, those who want to believe the worst  about the President will believe everything he writes, because they want to, and because confirmation bias is strong. Nonetheless, the piece is untrustworthy on its face. It would not be admissible as evidence in any investigation or formal proceeding. No manager or leader would treat such a document as useful or probative.

The essay is less credible and less worthy of discussion or serious consideration than the inflammatory claims of Omarosa, the hearsay/speculation/ fantasies of Michael Wolfe in the generally debunked “Fire and Fury,” orthe latest hearsay and anonymously sourced Bob Woodward “tell-all.” And none of those are respectable either. At least, however, those authors have the decency and courage to reveal their own identities.

  • Despite all the hype and horror, this could have been written by an Ethics Alarms commentator—in fact, I could name some likely candidates— as one more familiar, standard statement of why any Trump-hater is determined that he should be impeached. It is a generic brief on the theory that “Donald Trump is unfit to be President and must be removed,” the first assertion of which was rejected by the electorate, and the second of which is legally unsustainable at this point.

The only aspect the op-ed arguably newsworthy is that the author claims to be a Trump administration official.

  • It should be unnecessary to point this out, because it is obvious, but I will anyway: such an op-ed could be issued by any arrogant, self-anointed “savior” who disagreed with the policies and character of any and every President. Every White House has enemies who would write essentially the same words and accusations. Why has this White House been the first to vomit out such vile stuff in the pages of the Times? My guess is that the vicious culture of the anti-Trump Left has created confidence that there will be a critical mass of journalists and others who will represent this inexcusable conduct as not just excusable, but laudable.

The conduct would never have been regarded as anything but despicable coming from a senior official (if he actually is one) of any other administration.  Democrats, “the resistance” and NeverTrumpers have jettisoned all ethical norms in their hatred of this one man who dared to foil them, who is in fact no different from any other President in the most important respect: he was elected, he holds the office, and he should be allowed to do his job.

  • If the op-ed is not a hoax, and if there are, as the writer says, highly placed members of the Trump Administration who are pretending to be loyal government employees but who are actually trying to undermine the President and his policies from within, then the assertions by conservatives and Trump supporters of the existence of a “deep state,” much mocked by the news media and Democrats, have been accurate all along.

This was apparent, or should have been,  before the op-ed, of course.

  • Should the Times have published this? If they confirmed to their satisfaction that it was genuine, and really came from a senior official who revealed to them his identity, sure. The public should know that there are pompous, lying, unethical saboteurs in their government. And it should scare the hell out of them.

We knew this too, though, before the op-ed.

  • President Trump is not blameless here. He and his staff have shown absurd incompetence in vetting staff high and low. It should surprise no one that a President who would allow the likes of Omarosa, Steve Bannon, Anthony Scaramucci and others to have places of trust within the administration would blunder into admitting other moles, spies and turncoats as well.

The fact that a manager or leader takes inadequate measures to ensure ethical conduct does not justify or mitigate the unethical conduct that results, however.

  • I assume that we will eventually learn who wrote this. Besides firing, what is the  appropriate punishment for someone who deliberately betrays the trust of elected leaders and who sets out to undermine the efforts that he or she is obligated to support? Such conduct flagrantly violates federal regulations, as promulgated by President George H.W. Bush’s Executive Order 12674. issued on October 1990. That EO begins,

By virtue of the authority vested in me as President, by the Constitution and the laws of the United States  of America, and in order to establish fair and exacting standards of ethical conduct for all executive branch employees, it is hereby ordered as follows… To ensure that every citizen can have complete  confidence in the integrity of the Federal  Government, each Federal employee shall respect and adhere to the fundamental  principles of ethical service as implemented in   regulations promulgated under sections 201 and   301 of this order:

The “Principles of Ethical Conduct” following that the anonymous writer has violated and is violating include,

(a) Public service is a public trust, requiring employees to place loyalty to the Constitution, the laws, and ethical principles above private  gain.

(e) Employees shall put forth honest effort in the performance of their duties.

(h) Employees shall act impartially and not give preferential treatment to any private organization or individua

 (j) Employees shall not engage in outside employment or activities, including seeking or  negotiating for employment, that conflict with official Government duties and responsibilities.

(k) Employees shall disclose waste, fraud, abuse, and corruption to appropriate authorities. [NOTE: The New York Times is not an appropriate authority.]

(n) Employees shall endeavor to avoid any actions creating the appearance that they are violating the law or the ethical standards promulgated pursuant to this order.

  • Of course, the President is taking the bait, and now fulminating in his usual clumsy and childish way against the writer and the New York Times. In this he again falls into the trap being constantly set and re-set by those who are engaging in the slow-motion coup.

I wish he’d let me ghost write his tweets.

  • The conduct the writer extols and claims to be engaged in would be unethical and indefensible in any organization, large or small. The ethical responses to opposing ones’ superior’s conduct or the policies of one’s organization are to resign, or not to take the post in the first place. Joining an organization and actively working against the authority of superiors is never justified or justifiable except in wartime or as part of a law enforcement exercise.

Reactions to the op-ed from around the web:

Althouse:

“If I didn’t maintain rudimentary trust in the basic integrity of The New York Times I would think that there is no real person behind the famous anonymous op-ed. I’d think it was a concocted composite based on the Woodward book and motivated by the Woodward book. Look how that little thrown together collection of paragraphs is now drawing more attention than the book Woodward labored over, which dominated headlines on Tuesday. Wednesday, this column comes out. What is in the column that couldn’t have been extracted from the book and worked up into an op-ed purporting to be from a senior official in the White House?”

(Why does Althouse have any trust in the integrity of the New York Times?)

She also writes,

“This person is singing about his own heroism. We just don’t know his/her name, because he/she has got to stay hidden to continue sabotaging the work of the President the deplorables elected”

Bingo!

The LA Times:

“If you’re reading this, senior White House official, know this: You are not resisting Donald Trump. You are enabling him for your own benefit. That doesn’t make you an unsung hero. It makes you a coward. “

Liz Shield:

“How does it feel to learn that there is a powerful self-interested bureaucracy asserting itself above and against the will of the people?”

Byron York (Washington Examiner):

“Early in the piece, the author admits that the Trump administration has had significant success on the issues most important to American voters. “Many of [the administration’s] policies have already made America safer and more prosperous,” he writes. Later, he makes a list: “effective deregulation, historic tax reform, a more robust military and more.” Perhaps the author doesn’t see it that way, but peace and prosperity are any president’s two most important accomplishments. Conceding Trump’s achievement undercuts the broader theme of the article.”

Glenn Greenwald:

The irony in the op-ed from the NYT’s anonymous WH coward is glaring and massive: s/he accuses Trump of being “anti-democratic” while boasting of membership in an unelected cabal that covertly imposes their own ideology with zero democratic accountability, mandate or transparency

Professor Reynolds: 

“The more they tell us Trump’s crazy, the crazier they act. Meanwhile lefties are starting to push the 25th Amendment again — it’s like they’re cycling now — and I have to say, if you think removing Trump will leave you in a better position, well, it won’t. Getting rid of Trump won’t return things to “normal.” It will make sure things are never normal in our lifetimes. But why do I bother? These people are crazy.”

Nick Gillespie (Reason):

There is no question that Trump was a uniquely unqualified candidate to run for president and he seems to have virtually no expertise in anything other than Twitter trolling. He clearly understands nothing about trade deficits, for instance, and his policies clearly don’t add up to anything particularly coherent (then again, they didn’t on the campaign trail, either). He is not a traditional Republican, but since when is that an impeachable offense? The author genuflects to John McCain, a well-respected public figure but also one whose incoherent and grandiose economic, social, and foreign policy positions were hardly worth emulating, and concludes

“Senator John McCain put it best in his farewell letter. All Americans should heed his words and break free of the tribalism trap, with the high aim of uniting through our shared values and love of this great nation.”

With all due respect: What the fuck does that even mean?

Few outlets have been more stridently #NeverTrump than The New York Times, a fair stand-in for the legacy media which also has nothing but contempt for Donald Trump and sympathy for Hillary Clinton (it was her time!) and a broad Democratic agenda of more-active government. The anonymous op-ed can only be read through that light and thus discounted.

To sum up, the Times op-ed is just one more manifestation of the horrific mass misconduct that the entire left side of the political spectrum has persuaded itself is responsible, fair, rational behavior when it is in fact dangerous, undemocratic, and reckless. I am bored with pointing out this fact, but this President was faced with impeachment demands before he took office, was not accorded the minimal election spoils of united acceptance of his election traditionally symbolized by a peaceful, joyous celebration of our system and history at his inauguration, and he has continued to be undermined by behavior that never would have been tolerated by the public or the news media if focused on any other Chief Executive.

There is no question that it is wrong. The only question is how much damage it will do to the United States of America before it has run its course, and whether that damage will be permanent.

 

Morning Ethics Warm-Up, 9/5/2018: Doppelgangers And Other Weirdness

/ Jack Marshall / 61 Comments

Oh-oh! It’s a creepy morning…

1. If “there are no coincidences,” then what the hell does THIS mean? The ethics category, if there is one, would be “Nature Incompetence,” or perhaps “deity abuse of power.” Look at minor league baseball pitcher Brady Feigl:

Oh! I’m sorry! I meant “Look at these TWO minor league baseball pitchers who are both named Brady Feigl.” One is in the Texas Rangers system, and the other is in the Oakland A’s system.

A similar example of God fooling around for his own amusement and our confusion had historical significance.

This man is Will West, a convicted criminal who was sent to Leavenworth Prison in 1903…

 

…and this is William West, who was already being held there:

The fact that the two men were so facially similar helped convince American law enforcement to begin using fingerprints rather than facial measurements for identification.

2. Over-blown conservative news media controversy of the week: In “First Man,” Ryan Gosling plays Neil Armstrong. For some reason, director Damien Chazelle decided to omit the iconic moment when Armstrong planted the American flag on the Moon. The Horror. Fox News can’t stop talking about it. President Trump has declared that he’ll boycott the film. Morons. Continue reading →

From The Ethics Alarms “Democrats Must Be So Proud” Files: An Obvious Observation On Today’s Kavanaugh Hearing

/ Jack Marshall / 56 Comments

It is disgraceful,  embarrassing, and dangerous, and only two or three steps away from Charles Sumner being physically attacked by Preston Brooks on the Senate floor.

It emerged during the proceedings that Senate Democrats planned to disrupt the orderly process of the hearings as a strategy. Nice. I guess that’s their replacement for the filibuster. I think I prefer the device used by Lilly Tomlin’s character in the Netflix series “Grace and Frankie”: when she can’t rebut an argument, she starts singing “She’ll Be Comin’ ‘Round the Mountain” as loud as she can, so nobody else can talk.

“The hearing began with protesters breaking in, and continued with serial efforts by Democratic Senators to postpone the hearing. To the credit of committed chair Chuck Grassley, he bulled on through. As he did so, the Democratic side degenerated into a contest regarding which putative candidate for the Democratic 2020 nomination could pander to the base more. Here is how the day began:

GRASSLEY: “Good morning. I welcome everyone to this confirmation hearing on the nomination of —“
HARRIS: “Mr. Chairman.”
GRASSLEY: “— Brett Kavanaugh –”
HARRIS: “Mr. Chairman.”
GRASSLEY: “— to serve as associate justice of the Supreme Court of the United States.”
HARRIS: “Mr. Chairman, I’d like to be recognized for a question before we proceed. Mr. Chairman, I’d like to be recognized to ask a question before we proceed. The committee received just last night less than 15 hours ago —“
HARRIS: “Mr. Chairman, regular order.”
HARRIS: “— 42.000 pages of documents that we have not had an opportunity to review or read or analyze.”
GRASSLEY: “You are out of order. I will proceed.”
HARRIS: “We cannot possibly move forward, Mr. Chairman. We have not been given the opportunity to have a meaningful hearing with Congress nominee–“[cross-talk]
GRASSLEY: “I extend a very warm welcome to Judge Kavanaugh, to his wife Ashley, their two daughters –[cross-talk]
UNKNOWN: “Mr. Chairman, I agree with my colleague, senator Harris. Mr. Chairman, we received 42.000 documents tat we haven’t been able to review —”
GRASSLEY: “— And everyone else joining us today.”
UNKNOWN: ” and we believe this hearing should be postponed —”
GRASSLEY: “I know this is an exciting day for all of you here and your you’re rightly proud —”
UNKNOWN: “Mr. Chairman, if we cannot be recognized I move to adjourn. Mr. Chairman, I move to adjourn.”
GRASSLEY: “— From Judge Kavanaugh —”
UNKNOWN: “Mr. Chairman, I move to adjourn. Mr. Chairman, we have been denied real access to the documents we need to advise —” (Audience cheering)
BLUMENTHAL: “Mr. Chairman, we have been denied the real access to the documents we need —[cross-talk] which turns this hearing into a charade and a mockery of our norms and, Mr. Chairman, I therefore move to adjourn this hearing.”
AUDIENCE: “This is a mockery. This is a travesty of justice. Cancel Brett Kavanaugh, adjourn the hearing. [ indecipherable].”
BLUMENTHAL: “Mr. Chairman, I ask for a roll call vote on my motion to adjourn.”
AUDIENCE MEMBER: “‘[indecipherable]'”
GRASSLEY: “Okay.”
BLUMENTHAL: “Mr. Chairman, I move to adjourn. I ask for a roll call vote.”
GRASSLEY: “We are not in executive session. We will continue as planned.”

A recurring theme was the disingenuous complaint that Democrats, who have received over 400,ooo pages of materials relating to Trump’s nomination to fill Justice Kennedy’s seat on the Court, as well as all of his judicial opinions which are what really matter, did not have time to read the most recently released batch of about 40, 000 pages. Everyone knows that what is in those documents doesn’t matter one bit, because the entire group of Democratic Senators have already made it clear that they are going to vote against Kavanaugh as a bloc. They are going to do it to express their outrage over Merrick Garland; they are going to do it to pander to the resistance narrative that Trump is an “illegitimate” President, they are going to do it because the party increasingly seeks to demonize conservatives, they are going to do it because they are afraid of their base. Oh, there are lots of reasons. All of the Democratic Senators, maybe most,  don’t seriously believe their party’s own scare-mongering that Kavanaugh will lead the Supreme Court to reverse Roe v. Wade, but there is the rapidly pro-abortion—not just pro-abortion rights but pro-abortion—feminist segment of the base to pander to as well.

Essentially, we are watching an entire political party embrace mob-style interference as an alternative to process, because they don’t like what the likely results of the established process will be. Of course this is dangerous to the nation and the Constitution. It is also a tantrum, just like the party’s reaction to President Trump’s election itself.

It was predictable that if the funeral of a Senator was exploited  as an opportunity to attack the President, the hearings on his Supreme Court nominee would certainly be. (I am not finished looking, but so far I can find no comparable direct attacks on Barack Obama during the hearings on his two nominees.) Here, for example, is the reliable demagogue Dick Durbin (D-Ill), doing his best Keith Olbermann imitation:

“You are the nominee of President Donald John Trump. This is a president who’s shown us consistently he’s contemptuous of the rule of law. He’s said and done things as president which we’ve never seen before in history. He dismissed the head of the FBI when he wouldn’t bend to his will. He harasses his attorney general on almost a daily basis in the exercise of his office, and I didn’t vote for Jeff Sessions, but I have to tell you there should be some respect at least for the office he serves in. And it’s that president who’s decided you are his man. You’re the person he wants on the Supreme Court. You are his personal choice. So are people nervous about this? Are they concerned about it? Of course they are.”

As in the hypocritical remarks by the McCain mourners. Durbin is hilariously self-indicting. Durbin’s party has been  contemptuous of the rule of law in areas where the President has been committed to enforce it, as with illegal immigration. Durbin and his party have undertaken direct assaults on the First, Second, and Fourth Amendments. The way Democrats are conducting themselves in this very hearing has never been seen before in history. Continue reading →

From The “When Ethics Alarms Don’t Ring” Files: Photography Kills A Moose

/ Jack Marshall / 24 Comments

“Yeah, the moose died, but we got a GREAT photo!”

For many reasons, some practical, some emotional, some neurotic, I don’t like cameras, I don’t like being photographed, and I have to fight the urge to dislike and distrust compulsive amateur picture-takers.  I know that’s a bias. I don’t think it informs my disgust with this story, however.

Vermont wildlife officials reported that a moose was resting on the shore at South Hero, which is part of Grand Isle in the middle of Lake Champlain, after swimming there from the New York shore, which borders the west side of the lake. A crowd of bystanders noticed the animal, and pushed in to take photographs of this wonder of nature.

This panicked the moose, who escaped back into the water. Exhausted, it drowned.  But I’m sure some of those tourists got some great shots.

Nice.

I haven’t checked, but I’m pretty sure Professor Turley is furious over this. Selfish, ignorant tourists who harm the environment they are there to appreciate is one of his constant themes. Let’s see…I’m checking….nope, Turley hasn’t reacted yet.

Well, I will.

This is a pointless, tragic, negligent killing of an innocent animal. No photograph is worth the life of a vole, much less a moose, yet too many human beings are so addicted to recording the images of their oh so fascinating lives that they disconnect the ethics alarms and common sense alerts that should tell them instinctively that…

  • Intruding on nature threatens and harms it.
  • Reality is not best experienced  through a camera lens.
  • Nobody else can enjoy a natural scene when human beings insist on imposing on it.
  • The welfare of the wildlife should be the first consideration, not an afterthought.

What is an appropriate practical punishment for tourists who do things like this? Fines are not enough, and I guess public flogging is excessive.

I guess…