Ethics Dunces

Morning Ethics Warm-Up, 12/7/17: Al Franken’s Day That Will Live In Infamy [UPDATED]

/ Jack Marshall / 49 Comments

Battleship USS West Virginia sunk and burning at Pearl Harbor on Dec. 7, 1941. In background is the battleship USS Tennessee.

Good Morning, Bad Memories…

1 The duty to remember…The most amazing thing about Pearl Harbor was perhaps how lucky the United States was that the sneak attack by Japan, as devastating as it was, didn’t permanently cripple our ability to defend ourselves. Two links lead to explanations why. Here is a letter written by Admiral Nimitz, then in his eightieth year. to Admiral David L. McDonald, the present Chief of Naval Operations. The National Review provides the tale of how a forgotten Georgia Congressman, Democrat Carl Vinson saved the country and probably the world.  An excerpt:

For nearly a decade before Pearl Harbor, Vinson had schemed and politicked in brilliant fashion to ensure that America was building a two-ocean navy larger than all the major navies of the world combined. Vinson had assumed in the mid-1930s that fascist Japan and Germany posed existential threats to the United States. For America to survive, he saw that America would need mastery of the seas to transport its armies across the Pacific and Atlantic.

This is Thank You Carl Day. Read it all.

2. ‘I wasn’t good enough, I wasn’t smart enough, and doggone it, nobody likes me!’ This appears to be the end for Senator Al Franken. If it’s not, the end is near and inevitable. His seventh new accuser was the tipping point, for some reason, though her story Franken denies—especially the part where the anonymous woman claims that after she ducked his attempt at a spontaneous kiss in 2006, he  protested, “It’s my right as an entertainer! ” The soon-to-be-former Senator told Politico,

“This allegation is categorically not true and the idea that I would claim this as my right as an entertainer is preposterous. I look forward to fully cooperating with the ongoing ethics committee investigation.”

That “It’s my right” comment sounds to me like a desperate attempt to save face by making a joke out of an awkward situation, not a serious claim. If I’m right, then Franken’s statement is deceit: he’s saying that he would never claim such a right, but he isn’t saying that those words never came out of his mouth. Al’s slippery, mealy-mouthed, not-quite apologies are a large part of why he’s in this mess, as I wrote here. 

Still, no one should be presumed guilty or face negative consequences for a public accusation by an accuser who refuses to go on the record. This is basic fairness and due process. Never mind: the Democratic women in the U.S. Senate are less interested in due process and fairness than grandstanding and standing for the proposition that women must be believed in cases of sexual assault, unless they were assaulted by Bill Clinton. I think that’s the rule, right?

They led a coordinated attack on Franken yesterday by 16 U.S. Senators, including Sen. Kirsten Gillibrand of New York—you know, the one who championed “Mattress Girl”?–who  wrote in a 650-word statement,”While Senator Franken is entitled to have the Ethics Committee conclude its review, I believe it would be better for our country if he sent a clear message that any kind of mistreatment of women in our society isn’t acceptable by stepping aside to let someone else serve.”

That’s right, Senator, it’s better to send the message that due process is just a sham to make doing what you want to do look fair.

For example, how do you like this (from Politico):

Two former colleagues of the woman independently corroborated her version of events, including Franken telling her he had the right to try to kiss her because he was “an entertainer.” The first former colleague interviewed by POLITICO said she was told of the incident in 2006, shortly after it happened. The second former co-worker said she was made aware of the encounter sometime in 2009 or 2010.

What? Those women didn’t corroborate the the accuser’s “version of events”! How can any journalist write such junk? How could an editor let it pass? All they can do is corroborate that the woman said this happened, not that her account is accurate or true.

But again, never mind. This is The Terror. Al’s a man, Democrats have been caught in the web of hypocrisy they started spinning when Clinton was President, and his metaphorical blood must cleanse them. Continue reading →

Harvey, Lena And Hillary

/ Jack Marshall / 24 Comments

Now that Hillary has become an embarrassment to the Democratic Party, the Times is practicing journalism again when the truth is ugly.

From yesterday’s New York Times follow-up on its initial Harvey Weinstein report documenting how his sexula predator ways were enabled and facilitated by  Hollywood stars, agents, prominent feminists and progressives and former victims, as Weinstein’s abuse and crimes continued:

Mr. Weinstein was a fund-raiser and informal adviser during Mrs. Clinton’s 2000 Senate campaign, a guest in her hotel suite when she won and a host of an A-list victory party. He was an early backer of both her presidential bids.

Mr. Weinstein’s political activity — he provided consistent support for Mr. Obama as well — boosted his image as a man with friends in high places and close ties to the country’s leading female politician. It is not clear if rumors of his record of sexual misconduct had ever reached them.

But two prominent women said they warned Mrs. Clinton’s team. In 2016, Lena Dunham, the writer and actress, said she was troubled by the producer’s visible presence during Mrs. Clinton’s presidential run, hosting fund-raisers and appearing at campaign events. She had heard stories, both directly and secondhand from other actresses, about disturbing encounters with him, she said. So in March last year, Ms. Dunham, a vocal Clinton supporter, said she warned the campaign.

 “I just want you to let you know that Harvey’s a rapist and this is going to come out at some point,” Ms. Dunham said she told Kristina Schake, the campaign’s deputy communications director. She recalled adding, “I think it’s a really bad idea for him to host fund-raisers and be involved because it’s an open secret in Hollywood that he has a problem with sexual assault.”

Then, the “Girls” creator told the paper, she tried  one more time: Continue reading →

Morning Ethics Warm-Up, 12/6/17: An Ambush By John Oliver, An Insult From John Conyers

/ Jack Marshall / 21 Comments

1 It’s a tradition, but  still an embarrassment to democracy...Why isn’t this res ipsa loquitur, as in “so indisputable it ought to be embarrassing”?  Rep. John Conyers, whose proclivity to engage in sexual harassment in full confidence that neither left-leaning reporters in the know (like Cokie Roberts ) nor his party’s leaders nor the victims themselves, would blow a whistle on a “civil rights icon” like him, is finally announcing a forced retirement. But he is attempting to anoint his oldest son, John Conyers III, as his successor. III has no special qualifications for elected office. He is a hedge fund manager and a business consultant whose  famous father is part of his appeal to clients. The original John Conyers was used  as a stepping stone to power by another unqualified family member using his name, III’s’ mother, former Detroit City Councilwoman Monica Conyers, was sentenced to 37 months in prison for bribery. She was released in 2013.

In a profanity and vulgarity-laced video III posted last year, he said in part,

“Third and fourth generations of Conyers running for office. It’s really crazy. My grandfather did an incredible job, man. Fuck. A lot of people stand on the sidelines of their own lives. It’s like you just watch that shit go by like, no, I don’t think I’m going to get in the game – that shit is short, man. Whatever you do, make sure you vote….Voting feels so good, like even if your person doesn’t win, like, it feels good. The craziest part about it all is that my dad really walked with Martin Luther King and got arrested for this shit, like, damn this shit is deep fam. I casted my vote and I was hype as shit, like, I voted, like, this is awesome and I am really thankful for people that died for that for me. Any race, whatever, it’s important to vote but I mean, like, especially African-Americans man, go vote because people really died for this shit. If you don’t know shit about a candidate, man, and you just want to vote like you can write your own name in there, but like the action of going to vote is so important.”

Or just vote for someone with a last name you recognize! He sounds like a winner to me! One hurdle: Democratic Michigan State Sen. Ian Conyers, the congressman’s great-nephew, announced his intention to run for the open seat.

This is a long, long blight on American democracy that makes me wonder if we’re really up to it. The number of voters in both parties who are so shallow, lazy, and foolish as to assume that merely being related to a famous or popular leader is sufficient reason to elect him or her is disgraceful, but it has always been thus. Among those who never would have made it into a high office without this factor are Mary Bono, Jesse Jacskon, Jr. (currently in prison), Lindy Boggs, Lurleen Wallace, Margaret Chase Smith, Robert Taft, George W. Bush,  Bobby Kennedy, Ted Kennedy, Robert Kennedy Jr,  Joseph Kennedy III,  Joe Kennedy II, Kathleen Kennedy Townsend—anyone named Kennedy, really—current Rep. Doris Matsui (D-Cal.), Al Gore, and Hillary Clinton. There are many, many more.

A last name is not a qualification for office. Why should that even have to be pointed out in a nation founded upon the rejection of royalty?

2. Unethical virtue-signalling via ambush. I admire John Oliver’s intellect, verbal dexterity and talent, but as with Stephen Colbert, David Letterman and others, he is so clearly a mean-spirited jerk that I find it difficult to watch him. Signature significance arrived for Oliver this week when he ambushed actor Dustin Hoffman  during a panel discussion commemorating the anniversary of the film Wag the Dog.

The topic of the evening was fake news and government manipulation of it, as the Clinton era film about a phony war being launched by a President to distract from a scandal is a fascinating one to ponder through the rear view mirror. Hoffman, one of the stars of the film, recently became one of the few dubious victims of a #MeToo-er, as he was accused of groping and sexually harassing a 17-year old woman on the set of another film in 1985. Unlike most of the celebrities and power-brokers run over by the Harvey Weinstein Ethics Train Wreck, Hoffman has not had other accusers surface. He denies the woman’s characterization of what happened, and so have others, like the director of the movie in question, the filmed version of Hoffman’s Broadway turn as Willie Loman in “Death of  Salesman.”

I have read fans of Oliver saying that Hoffman should have assumed that Oliver would grill him on the allegations, to which I say, “Only if Hoffman realized what a knee-jerk progressive creep Oliver is.” I think the actor assumed that Oliver was an honorable professional, and as a moderator wouldn’t hijack the discussion to embarrass Hoffman and burnish his feminist creds.

To Hoffman’s credit, he stood up to the abuse of position by Oliver and defended himself. At one point, there was this exchange:

HOFFMAN: “Do you believe this stuff you read?

OLIVER: Yes. Because there’s no point in (the accuser) lying.”

HOFFMAN: Well, there’s a point in her not bringing it up for 40 years.

OLIVER: Oh Dustin…

I would have said,

“Don’t “Oh, Dustin” me, you arrogant, posturing ass. The fact that a complaint isn’t made for that much time automatically makes it dubious. It places the accused in an impossible position; evidence has evaporated, and memories have faded. There are many reasons to lie. To get publicity, To get revenge for some real or imagined slight. To bring down someone famous or powerful. To join a mob—and regardless of the fact that the post-Weinstein focus on legitimate sexual misconduct in the workplace has created needed awareness and exposed long-time abusers, it is a mob, with all of the capacity a mob has to harm the innocent in its self-righteousness. You are playing to the mob right now, and willing to unjustly smear me to do it. You’re a disgrace.”

John Ziegler quoted a Hollywood writer who knows Hoffman and is convinced he is innocent, who said,

“Someone should tell John Oliver he’s the true heir to Joe McCarthy!Sex abuse baiting has replaced red-baiting. The ‘Sexual Blacklist’ reigns supreme. Guilty until ruined!”

Let me also remind readers that my hypothetical illustrating how a woman might retroactively decide that what she did not regard as sexual harassment years ago was harassment now was mocked by both the moderator and a Georgetown law professor during the NPR panel I participated in last week.

I am right, they are biased.

The more I think about that exchange, the more ticked off I get….

 

My Last Ethics Post About Roy Moore

/ Jack Marshall / 27 Comments

I hope.

Unless he loses, and then my post, in its entirety, will read, “Good!”

The Republican Party reversed its previously signaled course this week, and appeared to be supporting the Senate candidacy of Roy Moore. This has been greeted by Democrats, the leftward pundits and news media as the equivalent of the GOP endorsing Jeffrey Daumer. “This is the end of the Republican Party!” I have read, in various forms. meanwhile, the predictable feckless Senate Majority Leader Mitch McConnell also reversed himself. Once he said that Moore would not be seated if elected,  said he believes Moore’s accusers and called for the candidate to step aside. Now he’s saying it’s up to Alabama voters to decide. “The people of Alabama are going to decide a week from Tuesday who they want to send to the Senate,” McConnell said on CBS’s Face the Nation Sunday. “It’s really up to them. It’s been a pretty robust campaign with a lot of people weighing in. The president and I, of course, supported somebody different earlier in the process. But in the end, the voters of Alabama will make their choice.”

Observations:

  • The Republican Party had an obligation not to endorse (or run) Moore before a single accusation regarding his fondness for teenage girls surfaced. He was already unfit for office; it wold be unethical to support him if he had the personal life of Pat Boone.

If the party somehow decides that stalking shopping malls for dates and persuading mothers to pimp out 14 year olds was nothing to get upset about in a U.S. Senator, there would still be  the fact that Moore doesn’t believe in the rule of law, the Constitution, Equal Justice or the Bill of Rights, and that he’s an anti-gay bigot. These are more disqualifying than any sexual misconduct he engaged in 40 years ago. After all, I strongly suspect that 20-30, maybe more, U. S. Senators have engaged in past sexual misconduct that would make their continued presence in the Senate unpalatable. I don’t think any of them have acted or considered acting as Moore has, repeatedly violating the hierarchy of authority in the government, and arguing that that God has veto power over the Supreme Court. Mike Huckabee, at his worst, has said similar things, but he’s a talking head now; I can’t envision him actually defying a court order.

  • As I wrote back when the GOP had a chance to refuse to nominate Donald Trump, a political party is charged with maintaining the integrity of the government and our democracy, which means only offering for election candidates for office who are at least minimally qualified and trustworthy. That is a party’s duty: not just to win elections, but to win them with candidates of whom it can be reasonably and objectively said  will serve the nation with honor and competence. That can’t be said of Roy Moore, and it never could.

To a great extent, all the focus on his teen dates obscure the real problem with his candidacy. Since a majority of Alabama Republicans don’t believe Moore’s accusers, this has helped him. Continue reading →

The Nauseating Hypocrisy Of Gloria Steinem

/ Jack Marshall / 18 Comments

Gloria Steinem + Bill Clinton+ Monica Lewinsky=Sauce Bearnaise, at least to me.

When I read that Gloria Steinem had boarded the Harvey Weinstein Ethics Train Wreck —which she had helped start rolling when she tossed her alleged principles into the crapper to make excuses for Bill Clinton ; my favorite was when she shuffled off her previous position on inequalities of power making genuine consent impossible to say that every boss has a right to hit on a female subordinate once—I really didn’t want to revisit the topic. Her defense of Clinton during the Lewinsky scandal almost literally made me ill, and you know how Sauce Bearnaise syndrome works. (Don’t you?)

The aging feminist icon told The Guardian that she would not write the infamous May 22, 1998 New York Times column today, but that she does not regret writing the column then, because “What you write in one decade you don’t necessarily write in the next. But I’m glad I wrote it in that decade.” Translation: Outrageous hypocrisy you can get away with in one decade won’t always fly later.

Especially when it enabled two decades of sexual harassers, abusers and rapists with power who brutalized countless women, right, Gloria?

But Gloria’s credentials as an ethics corrupter needs to be renewed, and I am grateful to Jonathan Turley for taking the time when my queasy stomach couldn’t handle it. I couldn’t say it any better than the professor, who wrote in a blog post today (read the whole thing, here): Continue reading →

Re Met Conductor James Levine: I Know, I Know, “The King’s Pass”…But What’s The Matter With People?

/ Jack Marshall / 61 Comments

The Harvey Weinstein Ethics Train Wreck took a cultural turn and visited the New York Metropolitan Opera yesterday. James Levine, the Met’s legendary conductor for four decades, allegedly molested a teenager in the 1980’s. The allegations were described in a police report that was filed in 2016. A man stated that he met Levine as a 15 year-old child when Levine was a conductor at the Ravinia Music Festival in Illinois. Beginning the next year, when Levine was 42 and the boy was 16, the conductor  touched the teenager’s genitalia and masturbated in his presence. The sexual relations involved hundreds of incidents and lasted for years, according to the allegations. Levine also served as a mentor to the teenager, wrote a college recommendation essay, and gave him tens of thousands of dollars of cash.  The man says he is straight and that  he was “confused and paralyzed” by Levine’s actions.

Now the Met says it is investigating. But I have more…

Today I attended a performance of an opera, and by chance happened to chat with one of the opera company’s board members. I asked him if he had heard about Levine. He said he didn’t know what I was talking about. After I summarized the story above, he said (I’m paraphrasing):

“I hadn’t heard about that, but it’s no surprise. I performed in the Met  chorus in the Eighties and Nineties when I lived in New York. Everyone knew that Levine fooled around with teenaged boys. I’m pretty sure the Met paid off some of them.”

After I heard this–at the time, there was only one man making one accusation—it was reported that the Met suspended Levine, because three more men came forward saying that they had been abused by the conductor as teens. Continue reading →

From The Ethics Alarms “It’s NOT Okay To Be White?” Files: The Blacks-Only Opinion Section

/ Jack Marshall / 40 Comments

Luckily, my head already exploded this morning, so this story, from College Fix,  did no further damage:

The student newspaper at Evergreen State College has a section in its opinion pages described as “for people of color by people of color.”

“This should be a place where we can be us without it being overshadowed by the dark cloud that is living under white supremacy and having to see things from a white perspective. This is why when we do cover these issues it will be in the context and from the perspective of POC and POC only,” according to the section’s editors as they reintroduced it to readers in September.

The anonymous column, known as “POC Talk,” debuted in the bi-weekly Cooper Point Journal last year and returned this fall to the newspaper’s pages following racial unrest that erupted at the public university this past spring.

“Dear White people, please take a step back, this isn’t brown-people-answer-white-people’s-questions-hour, we’re asking specifically for submissions from POC,” the section’s editors added in their September intro. “As being told no seems to be a difficult concept for some of y’all I await your emails about the Irish, how the term white fragility is mean (great example of white fragility) and how we need to view people through a color-blind lens (just lol). You will 100% not get a response!!!”

  • You remember Evergreen, don’t you?
  • I want to hear prominent voices in the black community, Democrats, and progressives, condemning this. Republicans and conservatives can’t because that will mean they are racists.
  • Is this school receiving federal funds? It shouldn’t be.
  • Cue the “white racism is different from black racism, which isn’t really racism but a reasonable response to historical and cultural factors” apologists! A white school that dared to have a “white opinions only” section in a school publication would be attacked far and wide as an example of alt-right creep. There is no difference.
  • The reference in the headline is to this post…

Case Study: How The New York Times Gave Trump The Chance To Say “Fuck You” And Saved Rex Tillerson’s Job

/ Jack Marshall / 47 Comments

“Once when I was reporting, Lyndon Johnson’s top guy gave me the word they were looking for a successor to J. Edgar Hoover. I wrote it and the day it appeared Johnson called a press conference and appointed Hoover head of the FBI for life… And when he was done, he turned to his top guy and the President said, “Call Ben Bradlee and tell him fuck you.” I took a lot of static for that–everyone said, “You did it, Bradlee, you screwed up–you stuck us with Hoover forever.” I screwed up but I wasn’t wrong.”

—-Washington Post Editor-in-Chief Ben Bradley (Jason Robards, Jr.) in “All the President’s Men.”

Surely I wasn’t the only one who immediately thought about this anecdote (apparently true) from the film version of the Woodward and Bernstein book about the Post’s Watergate investigation. All yesterday, the news services were following the New York Times “scoop,” based on anonymous leaks out of the Trump Administration, claiming that Secretary of State Rex Tillerson was about to be canned within days, with CIA head Mike Pompeo, a Trump favorite, taking his place.

I know a little bit about leadership and the kind of people who get to the top of the heap, the Presidents of the United States. I also know how I would think if I disliked and distrusted a newspaper and someone betrayed me within my staff, resulting in a premature revelation of my plans. Unless I regarded a personnel matter as essential, I’d change course to discredit the leaker and make the newspaper look bad.

Sure enough, President Trump tweeted today,

The media has been speculating that I fired Rex Tillerson or that he would be leaving soon – FAKE NEWS! He’s not leaving and while we disagree on certain subjects, (I call the final shots) we work well together and America is highly respected again!

Good for him. Continue reading →

Ethics Observations On The Acquittal Of Kate Steinle’s Illegal Immigrant Killer

/ Jack Marshall / 19 Comments

Jose Ines Garcia Zarate, a serial illegal Mexican immigrant who had been deported five times and was wanted for a sixth deportation, shot young Kate Steinle in the back in 2016. Since this occurred shortly after Donald Trump, announcing his candidacy for President, had decried Mexico “sending us murderers” across the border, Zarate took on the role of Trump’s  Willie Horton.  Zarate admitted to the shooting, but said that he had just found the gun on the street, and fired accidentally. The jury found him not guilty on murder and manslaughter charges, but he was convicted on a gun charge.

Ethics Observations:

The Kate Steinle killer came back and back over the weakly protected Obama border, always committing crimes and being violent, and yet this info was not used in court. His exoneration is a complete travesty of justice. BUILD THE WALL!…The jury was not told the killer of Kate was a 7 time felon. The Schumer/Pelosi Democrats are so weak on Crime that they will pay a big price in the 2018 and 2020 Elections….A disgraceful verdict in the Kate Steinle case! No wonder the people of our Country are so angry with Illegal Immigration.

Ugh. The question before the jury was whether Zarate murdered Steinle, not whether immigration enforcement is too lax, not whether he was a bad guy, not what previous crimes he had committed. The verdict was no more disgraceful that O.J.’s acquittal, George Zimmerman’s acquittal, Casey Anthony’s acquittal, the acquittals in the Freddie Gray case, or any other acquittal where the prosecution does not prove guilt beyond a reasonable doubt.

Nobody not on the jury or the courtroom has any basis or justification to attack the verdict.

The President’s comments are embarrassingly ignorant or dismissive of the basic principles of our criminal justice system.

  • Attorney General Jeff Sessions‘ statement following the verdict was better, but still wrong:

“While the State of California sought a murder charge for the man who caused Ms. Steinle’s death—a man who would not have been on the streets of San Francisco if the city simply honored an ICE detainer—the people ultimately convicted him of felon in possession of a firearm.When jurisdictions choose to return criminal aliens to the streets rather than turning them over to federal immigration authorities, they put the public’s safety at risk. San Francisco’s decision to protect criminal aliens led to the preventable and heartbreaking death of Kate Steinle. I urge the leaders of the nation’s communities to reflect on the outcome of this case and consider carefully the harm they are doing to their citizens by refusing to cooperate with federal law enforcement officers.”

This “but for” argument is a “Back to the Future”/”Terminator” con. The fact that it was Zarate who picked up an abandoned gun that discharged and killed Steinle—this is what the jury concluded—and not a Cub Scout, a fumble-thumbed bank teller, a stoned gay guy or Pablo Sandoval is 100% moral luck.  Yes, if Zarate was in Mexico—or Iowa—Steinle might be alive today. Or maybe not.  Also if the US gave more aid to Mexico and it wasn’t such a hell hole that its citizens keep coming here illegally, she might be alive. Maybe if Zarate’s mother had been killed by an android from the future before she met Zarate’s father…

The reason to enforce immigration laws is that they are important laws and should be enforced. Steinle’s death and Zarate’s acquittal don’t affect those facts one way or the other. Continue reading →

Unethical Quote Of The Month: Detroit Attorney And Democratic Michigan AG Candidate Dana Nessel

/ Jack Marshall / 28 Comments

“Who can you trust most not to show you their penis in a professional setting? Is it the candidate who doesn’t have a penis? I’d say so.”

—-Detroit attorney Dana Nessel, a Democrat and a misandrist running for Attorney General of Michigan by suggesting that all men should be assumed to be sexual harassers and predators.

In another ad, Nessel says…

I want to tell you what you can expect me not to do. I will not sexually harass my staff, and I won’t tolerate it in your workplace either. I won’t walk around in a half-open bathrobe, and I’ll continue to take all sex crimes seriously just like I did as a prosecutor.

I wonder how feminists would react if a male candidate said,

I want to tell you what you can expect me not to do. I won’t try to influence judges to make bad rulings by wearing tight clothes and wiggling my hips. I won’t take says off because I have a period, or break down in tears under stress. I won’t try to win cases by sleeping with lawyers and judges, or not report sexual misconduct because I’ve exploited it to my own advantage.

Nessel should meet exactly the same fate as a male candidate who made those bias-promoting, sexist remarks. Continue reading →