Ethics Dunces

Unethical Quote Of The Week: NYT Columnist David Brooks [UPDATED}

/ Jack Marshall / 30 Comments

“Biographies describe a man intent on making his fortune and not afraid of skating near the edge to do so. At one point, according to Politico, federal investigators found that Frederick used various accounting measures to collect an extra $15 million in rent (in today’s dollars) from a government housing program, on top of paying himself a large “architect’s fee.” He was hauled before investigating committees on at least two occasions, apparently was arrested at a K.K.K. rally in Queens (though it’s not clear he was a member), got involved in a slush fund scandal with Robert Wagner and faced discrimination allegations.”

—New York Times columnist David Brooks arguing that Donald Trump, Jr.’s conduct in holding the controversial meeting  with some Russians and Russian-Americans to acquire useful negative information about Hillary Clinton for his father’s campaign came about because his family is just no damn good, as shown by the conduct of Fred Trump, the President’s storied father.

Unlike some commentators, I have no ethical problem with Brooks’ basic thesis. Culture molds ethics, children are influenced by the conduct and values modeled by their parents, and I have pointed out too many times to  count that Donald Trump doesn’t know ethics from a merry-go-round, and appears to have no  conventionally functioning ethics alarms at all. It makes perfect sense that Donald Jr. would grow up similarly handicapped.

However, Brooks’ evidence that Trump family patriarch Fred Trump was corrupt and without scruples is all innuendo and supposition, and thus dishonest, incompetent, and unfair. Let’s examine the components of Brooks’ attack:

  • “federal investigators found that Frederick used various accounting measures to collect an extra $15 million in rent (in today’s dollars) from a government housing program, “

Were the accounting measures illegal? Apparently not. Was the  “architect’s fee”? I guess not: Fred wasn’t indicted or prosecuted. Being investigated by the feds does not prove or indicate wrongdoing. Maybe Fred was cheating; I wouldn’t be surprised. But Brooks has no facts to support that assumption, just a pejorative characterizations.

  • “He was hauled before investigating committees on at least two occasions…”

I love the “hauled.” Being asked to testify isn’t evidence of wrongdoing either. Continue reading →

Morning Ethics Warm-Up: 7/15/2017

/ Jack Marshall / 26 Comments

Gooooood Morning Ethics Alarms Readers in Vietnam (3, 501 views so far)!!

1. I am three new rationalizations and at least two Comments of the Day behind. Sorry.

2. One of the more creative efforts to make Donald Trump Jr.’s aborted opposition research meeting seem significant, sinister and one more step to the impeachment “the resistance” and the news media so, so desperately want is this article in the Washington Post, by a Rolf Mowatt-Larssen, the director of the Intelligence and Defense Project at Harvard’s Belfer Center, who was a director of intelligence and counterintelligence at the Department of Energy and previously a CIA intelligence officer in domestic and international posts. His analysis is a masterpiece of projection, supposition, unwarranted assumptions and exaggeration. Rolf’s argument is that the meeting is important because it constituted a “green light” to Russia that the Trump campaign approved of Russian meddling in the election, would not blow the whistle on it, would be open to more serious involvement, and would respond to such action with future quid pro quo favors. All of this, simply based on the willingness to meet on the hopes of acquiring dirt on Hillary Clinton.

It is useful a a microcosm of the entire Russia-Trump conspiracy theory, and indeed conspiracy theories generally. Applied to an agreement between a married man and a single woman to have drinks together, the fact that the man never tells his spouse about the meeting means that the man thought the meeting was illicit, was open to having adulterous sex with the woman, would react favorably to the woman’s subsequent efforts to undermine his marriage, and was a green light to the woman to escalate her seduction. But as in the case of Trump’s meeting, a married man having drinks with an unmarried woman is not illicit, no matter what Mike Pence thinks, and is not proof of any further actions or unethical intent no matter what conclusions the woman leaps to. There is also the disconnect that under Mowatt-Larssen’s analysis and his version of the Russian thinking, Donald Trump Jr was central to the Trump campaign rather than incidental. He also seems to think the right hand in this chaotic organization knew what the right hand was doing, which we know not to be true. Continue reading →

Now THIS Is An Untrustworthy Legislative Staffer…And Incidentally, We’re Doomed

/ Jack Marshall / 24 Comments

In March of 2016,  Stacey Plaskett, the delegate to the United States House of Representatives from the United States Virgin Islands’s at-large congressional district. entrusted her iPhone and its password to staffer Juan McCullum, who copied nude images and videos of legislator after offering to take the phone to an Apple store for repairs.

After he left Plaskett’s office, McCullum created a Hotmail account and “sent at least eleven e-mail messages to multiple persons, including politicians, members of the media, and other persons known to [Plaskett].” The e-mails contained “one or more of the nude images and videos,” according to this week’s indictment against McCollum. He also created a Facebook account, uploaded the visual content, and then Facebook-friended people in Plaskett’s district to spread the nude images far and wide.

A few questions: Continue reading →

Morning Ethics Warm-Up: 7/14/17

/ Jack Marshall / 55 Comments

Good morning!

1. It is a matter of constant fascination to me how all of President Trump’s personal lawyers appear to be flaming jerks, whatever their legal skills may be. Here’s an example from this week: Marc Kasowitz, President Trump’s personal attorney on the Russia conspiracy theory investigation, was contacted by a stranger, a retired public relations professional, who had read ProPublica’s unflattering story on Kasowitz. He sent the lawyer an email with the subject line: “Resign Now.’’

Kasowitz used the 30 minutes between 9:30 p.m. and 10 p.m. to bombard the man with threats and epithets, writing such dignified  messages as,

“I’m on you now.  You are fucking with me now Let’s see who you are Watch your back , bitch/”

“Call me.  Don’t be afraid, you piece of shit.  Stand up.  If you don’t call, you’re just afraid.” 

“I already know where you live, I’m on you.  You might as well call me. You will see me. I promise.  Bro.”

Nice.

This isn’t a legal ethics violation, though it almost certainly would be if Kasowitz were addressing an opposing counsel in such a manner. It’s just generally unethical as outrageous, inexcusable, gratuitous incivility, reflecting poorly on him, his profession and his client. A client who was minimally concerned about ethics would fire him.

2. Speaking of a minimal concern for ethics, Trump’s defense of his son’s dumb but legal meeting with the Russian lawyer promising dirt on Hillary included the statement that “most people would have taken that meeting.” Once again, we have evidence that Donald Trump literally doesn’t know what ethics is. Oh, his rationalizations are the same ones the average ethically-retarded citizen uses—this is why he is President. They are still rationalizations. Yes, Mr. President, and most people would accept extra money from an ATM and not tell the bank about it. And most people lie to get out of trouble. And most people do all sorts of unethical things, which doesn’t make them ethical, responsible or appropriate.

He is the President, though, and this is how we will inevitably become a nation of assholes. 

3.  And speaking of assholes, there is Nancy Pelosi. Because a female journalist was blocked from access to the House of Representative by a Sergeant of Arms who properly pointed out that she was wearing a sleeveless dress, always forbidden according to Congress’s dress code, we were suddenly subjected to the false narrative that those mean, sexist Republicans were abusing women again, as well as being typically antediluvian in their ideas about propriety. (Men can’t go sleeveless either, but never mind.) Paul Ryan was the target here, as the Speaker is officially charged with enforcing such rules. The narrative was not really about the dress code, but just part of the over-all “Get Republicans” news media strategy to make the party as unpopular as possible. Yesterday Paul Ryan plausibly said that he wasn’t aware of the rule in question, and was happy to amend it. Then Nancy Pelosi piled on, tweeting, “Glad to see [Speaker Ryan] is updating the dress code for the House Floor. These unwritten rules are in desperate need of updates.”

Pelosi was Speaker for four years, her tenure ending just six years ago. The same rule Ryan is being attacked for was in place during her entire tenure. Why didn’t she fix it herself, dedicated feminist that she is? Her tweet is such obvious hypocrisy that it calls attention to the double standards employed by Democrats, the news media and women. Pelosi could have cheered the change without appearing to duck her own responsibility for their continuation. Instead, she acted as if she was an innocent bystander.

Nancy Pelosi is a major reason the Democratic Party has become a party of assholes. Who but an asshole would tolerate a national leader like this as the face of his or her party in Congress? Are Democrats proud of this woman? Do they endorse her tactics and rhetoric? We have to assume so, don’t we? Continue reading →

This Is Why It’s Time For Political Cartoons To Go

/ Jack Marshall / 35 Comments

 

Here (and above) is a sample of the bumper crop of political cartoons inspired by the Donald Trump, Jr. aborted meeting to acquire damaging information on Hillary that never materialized.

They are all, to various degrees, unfair, misleading, or simply untrue. Why is this acceptable? If presenting a false representation of the truth is required to make a joke, and the intended audience accepts what is false as fact, how is that justifiable?

The cartoon above, one of the most unethical, is typical of the work of Tom Toles, the Washington Post’s relentlessly biased cartoonist.

The others are presented below, in approximate order of unfairness and dishonesty.

They collectively state that there has been treason, a crime, corruption, collusion and conspiracy, and that there is actual, as opposed to speculated, “news” that the Trump campaign worked with Russia to interfere with the election. This is old fashioned yellow journalism-style political cartooning, throwing red meat to members of the public who want to believe that the President of the United States is a traitor so they can undo the election. That isn’t funny. That’s disgusting.

As I wrote in 2012, focusing on another dishonest and partisan Toles cartoon:

” Political cartooning peaked as a form of commentary about half a century ago, and has been declining ever since. Now it is dominated by hateful, unfunny and witless culture warriors who have as much in common with Jules Feiffer and Bill Mauldin as Mario Mendoza had in common with Hank Aaron. Are there exceptions? There are always exceptions. Pat Oliphant, Exhibit A, is brilliant, nuanced and clever; he’s also 77 years old, the last of the greats. If there are Oliphants out there, legitimate commentators who can make fair and honest observations with humor and a pen, great: what a wonderful alternative to the typical pundit rants. Put them on the editorial pages. The standard, however, should be content, not form. Political cartoons were once an efficient means of aiming a thousand words at non-readers and members of the public without the skills or education to grasp complex issues. They have become a vehicle for the unqualified and trivial-minded to acquire a platform they don’t deserve, to the detriment of the public and journalism.”

Now the evidence: Continue reading →

Ethics Headline Of The Month: “Vatican: The Body of Christ Is Not Gluten Free”

/ Jack Marshall / 76 Comments

Bravo to Johnathan Turley for neatly summarizing what’s wrong with the Catholic Church’s recent affirmation of its long-standing requirement that the bread and wafers used during communion in Catholic churches around the world must have at least some gluten in them, or the Church will collapse and Satan will reign, or something.  Meanwhile devout Catholics who must avoid eating gluten, including people who have Celiac disease, just have to plug along, get half a communion, or get sick. God wants it that way.

What a throbbing example of arrogant and compassion-free bureaucratic thinking. The Professor’s headline captured the idiocy and rigidity of it perfectly.

The Catholic News Agency shrugged the story off with a couple of rationalizations: “It’s always been this way” and “This is nothing new.” Neither are satisfactory excuses when making the communion dangerous to the increasing number of Catholics with Celiac disease. The issue is mirrored by the dilemma faced by alcoholics, who fear drinking wine; the Catholics, unlike the Methodists and other Protestant churches, insist on at least minimally fermented wine. Grape juice just won’t do. Why?

“Christ did not institute the Eucharist as rice and sake, or sweet potatoes and stout,” Chad Pecknold, a theology professor at Catholic University, told the Washington Post. “It may seem a small thing to people. But the Catholic Church has spent 2,000 years working out how to be faithful to Christ even in the smallest things. To be vitally and vigorously faithful … is something which is simply integral to what it means to be Catholic.”

[A long bitter section about how bureaucracies are habitually doctrinaire about small matters while ignoring pervasive corruption and destructive hypocrisy has been deleted here, in part because it is ugly, and also because anyone who can’t write their own version hasn’t been paying attention to the Catholic Church for the last 500 years…or even the last 17.] Continue reading →

Observations On The Trump Jr. “Collusion” Attempt [UPDATED]

/ Jack Marshall / 44 Comments

1.  Preet Bharara, the ex-U.S. attorney fired by the Trump Administration, tweets…

Quick reminder: something doesn’t have to be illegal for it to be foolish, wrong and un-American.

True. When Donald Trump, Jr. was informed that a Russian lawyer wanted to meet with him to pass along damaging information about Hillary Clinton, he should have gone to the FBI immediately, because this could have been indicative of a national threat. Instead he said “Whoopie!” or words to that effect. Moron.

But we knew that.

*Notice of Correction: In the original post, I erroneously stated that Bharara had joined Mueller’s team investigating Russian interference with the election. That was incorrect. I apologize. I was confused by this headline from the Washington Examiner: Special counselor adds former Preet Bharara prosecutor to Russia probe: Reports. It’s a bad headline, but I should have read the whole article. Careless.

2. Similarly, if Danny Jr told Kushner and Manafort what he was told the meeting would be about, THEY should have told him that the meeting was a bad idea, and to report it. They are slime-bags, and none too bright either.

We knew that, too.

3. It may be pure moral luck that this didn’t turn into a serious breach of election laws. But the fact is that no information changed hands, as far as we know. There was no “collusion,” which isn’t a legal term anyway.

4. The New York Times, from its good side, actually detailed the legal realities of the case, which ironically show how absurdly over-heated and misleading its own coverage is. The Times consulted with legal experts who said,

  • The events made public in the past few days are not enough to charge conspiracy.  Renato Mariotti, a former federal prosecutor said the revelations are important because if further evidence of coordination emerges, the contents of the emails and the fact of the meeting would help establish an intent to work with Russia on influencing the election…at least on Donald Trump Jr.’s part.

But as has been the situation throughout, the episode is still waiting for real evidence of genuine collusion between the Russians and the Trump campaign, and this wasn’t it. The anti-Trump mob, in the news media and out of it, is so, so eager, so desperate, to prove sanctionable wrongdoing that it is pouncing on everything that contains a shred of hope.

  • There has to be an underlying federal offense that is being conspired to be committed. So far, there is no evidence of that, and the aborted meeting with the Russian lawyer didn’t come close.

If the e-mails released yesterday specified that what was being offered had been obtained by an illegal computer hack, that would  be enough. They didn’t. Continue reading →

Case Study: When You See Racism Where There Is None, I Really Don’t Care What Else You Say Is Racist

/ Jack Marshall / 47 Comments

I’m shocked, shocked that this embarrassing and ridiculous episode emanated from a Black Lives Matter leader!

Deray McKesson, one of the most visible and vocal  leaders of the Black Lives Matter movement, announced on Twitter that he was personally offended by the costuming  in the new “War for Planet of the Apes” movie. Some of the conquering apes were wearing vests like the one he always wears! Obviously the film was making a racist statement about Deray McKesson! Why, this was like the Donald Trump clone being assassinated in “Julius Ceasar”! The activist tweeted,

He really did. Here is a movement that has sparked violence, divided college campuses, prompted attacks on police, caused deaths and NFL grandstanding, and one of the key individuals at the center of it is so conditioned to see racism behind every shadow, cloud and wisp of breeze that he thinks a science fiction movie is targeting him personally.

(Psst! Deray! The movie isn’t insulting you, because most people don’t know who you are, and as your conduct here demonstrates, have no reason to , because you are a silly, divisive, racist and race-obsessed narcissist with an outlandishly inflated view of your own importance.) Continue reading →

Ethics Hero: Donald Trump, Jr.

/ Jack Marshall / 185 Comments

Donald Trump, Jr. just released the entire e-mail chain that the New York Times alluded to (without actually seeing it) in a front page story designed to advance the Russian-Trump collusion  narrative.

Good for him. It would be wonderful if this were the usual course, in the Trump administration and every other one. Stop stonewalling, get the facts out, and take whatever comes.

Observations:

1. New York criminal defense attorney Eric Turkewitz, seemingly displaying  the ethics of his breed, implies that Trump, Jr.’s attorney would have been telling him to delete the messages. That would be unethical, and quite probably spoliation, since the e-mails could be reasonably seen as likely to be sought in an investigation already underway. My assumption is that Trump’s lawyer approved the release. Maybe Eric would have too.

2. Vox, among others, are tracking down partisan election law lawyers who will argue that young Donald was violating election laws. I’m extremely dubious of that.

The relevant statute language:

A solicitation is an oral or written communication that, construed as reasonably understood in the context in which it is made, contains a clear message asking, requesting, or recommending that another person make a contribution, donation, transfer of funds, or otherwise provide anything of value.

Unless one is determined to read the statute as meaning what it pretty clearly does not, “value” means monetary value, not “useful.”  “Value” could reasonable mean services, like spending time and resources hacking DNC computers. But handing over a document already acquired? How is that value if it didn’t cost anything? If the information was not illegally obtained by the Russians, and we have no way of knowing whether it was, then simply receiving proffered information that might be useful in a campaign doesn’t involve a campaign in a crime.

3.  “Colluding” is a pejorative term, but not a legal one. Is an American “colluding” with a foreign power once he or she has been told that the power wants a particular result, and the American takes steps to accomplish the same result, but in his own interests? Is that a crime? No. Continue reading →

Morning Ethics Warm-Up: 7/11/17…”Alan Brady” Shows His Ignorance, And The New York Times Shows Its Bias.

/ Jack Marshall / 38 Comments

Good Morning!

[By the time I finished #1 on today’s list, there was no room for the rest, except for the shortest item. Oops. But it’s Carl Reiner’s fault: he ticked me off.]

1. Carl Reiner, comedy legend and still kicking in his 90s, wrote an op-ed for the New York Times urging Supreme Court Justice Kennedy not to retire, as some believe he is preparing to do. Kennedy is a relative  whippersnapper at 8o. That Reiner’s argument is unethical in multiple ways should be obvious, but then expecting the editors of the New York Times to spot an ethics problem is naive.

Reiner tells Kennedy that he shouldn’t retire because ” the best part of your career has just begun. As a nonagenarian who has just completed the most prolific, productive five years of my life, I feel it incumbent upon me to urge a hearty octogenarian such as yourself not to put your feet up on the ottoman just yet. You have important and fulfilling work ahead of you.” The problem is that the decision shouldn’t be based on what Kennedy wants or will enjoy. He’s supposed to act in the best interests of the nation, not to maximize the rewards of his golden years. Reiner uses a comparison to his own career—he still acts periodically, but even Reiner can’t possible think that his last five years were objectively more productive than when he was writing and performing in “Your Show of Shows,” or playing Rob Petrie’s hilariously nasty boss on “The Dick Van Dyke Show”—which shows a narrow perspective. If Carl can’t perform the way he used to but movie-goers still like watching him, there’s no harm done. A SCOTUS justice who no longer is in top mental fettle, however, can do substantial harm.

How many screenplays has Reiner had produced since he turned 80? How many studios have hired him to direct? The last movie he wrote was in 1989, when Carl was 67.  His last directing assignment was 20 years ago. So Carl has retired from those jobs that are too demanding for him, just not acting. His argument to Kennedy is disingenuous. Gee, maybe the Justice should try acting, like Carl.

Reiner’s entire piece is a sham: it isn’t about retirement, it’s about liberal politics. He writes,

“The country needs justices like you who decide each case with fairness and humanity, and whose allegiance is to the Constitution of the United States of America, not to a party line. You have always voted your conscience, and defended the rights and liberties of all our citizens.”

Is  Reiner seriously arguing that there are no younger qualified judges “whose allegiance is to the Constitution of the United States of America, not to a party line” ? That’s what all SCOTUS justices are pledged to do.  Does anyone think that Reiner would like Justice Ginsberg, also in her 80’s, to step down because she reliably hews to Democratic Party positions in virtual lockstep? No, of course not. What he is really saying is that when Republican-appointed justices consider cases, they violate their duty to be objective, but when Democrat-appointed justices decide in favor of progressive positions, they are just being wise and fair. This also the position of the New York Times, which is using an old man as its mouthpiece. Nice. Continue reading →