Ethics Hero (Sort of): Jay Carey [Updated & Expanded]

In my recent ethics seminars I have been discussing categories of conduct that are ethical but illegal and legal but unethical. The best example of ethical and illegal is civil disobedience, when a citizen intentionally and openly violates a law to call attention to the law’s (alleged) flaw or flaws, and commences to accept the consequences of his or her crime in order to focus public attention on the injustice. (Clarence Darrow loved civil disobedience…).

Jay Carey received a Bronze Star during the Iraq War, and joined a (misguided) veterans’ protest against the deployment of National Guard troops in the nation’s capital because he has been watching too much CNN or something. What does a North Carolina resident know about crime in Washington, D.C.? OK, he’s probably Trump Deranged and Axis media-brainwashed, but never mind, that’s not the issue here.

The veteran was arrested after burning an American flag near the White House and says he plans on taking his case, if it proceeds, all the way to the U.S. Supreme Court. “Presidents don’t make law, and Congress will make no law that infringes upon our rights in accordance with the First Amendment,” Carey told reporters. Trump’s recent executive order declaring that flag-burning was a crime (EA discussed it here) prompted him to engage in civil disobedience.

“I realized that I needed to, that day, go and burn a flag in front of the White House to have the biggest impact and send the message to the President that he’s not allowed to do that,” Carey explained, He burned the flag in Lafayette Square, across Pennsylvania Avenue from the White House, making sure that his defiance was captured in videos posted on social media.

Carey is seen telling bystanders that the President’s executive order violates the First Amendment. “I served over 20 years in the United States Army,” he said. “I fought for every single one of your rights to express yourself in however you feel that you may want to express yourself.”

In the earlier version of this post, I said at this point, “That’s the way to do it, Jay. The Founders would be proud. Good luck: I think you’ll win this one.” The problem is that as far as civil disobedience goes, at least, Jay did not accomplish his objective. As commenter Chris Marschner points out below, Jay was only charged with lighting a fire in an undesignated area and lighting a fire in a manner that causes damage to real property or park resources. He might as well have been burning New York Yankees pennant. There is no way his case will get to the Supreme Court, and he didn’t manage to violate the pseudo law he was protecting.

So there is one more requirement for ethical civil disobedience: competence. Under stand the law you’re trying to violate. Since Jay Carey didn’t, I can’t really award him an Ethics Hero designation for his attempt. But it was a sincere attempt.

Ethics Hero: Maluma

Here I am, with almost a dozen important ethics issues languishing thanks to my (I hope) temporary incapacity, picking the least consequential of them all to begin EA’s blogging day. Go figure.

Colombian rapper Maluma (whom I had never heard of before) halted his Mexico City concert to admonish an audience member who had brought a baby, presumably hers, to the event. He was in the middle of a song, in fact, when he noticed the infant in the audience and called out the woman.

“Do you think it’s a good idea to bring a 1-year-old baby to a concert where the decibels are this fucking high?” he asked. “That baby doesn’t even know what it’s doing here! Next time, protect their ears or something. For real. It’s heavy. It’s your responsibility.”

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Ethics Hero: Rep. Marie Gluesenkamp Perez (D-Wash.) [Corrected]

Perez, a 37-year-old auto shop owner, second-term congresswoman and co-chair of the center-leaning Blue Dog Coalition, horrified colleagues on both sides of the aisle by offering an amendment to the “Legislative Appropriations Act”, H.R. 4249. Her addition would have required Congress to create basic guidelines in Congress to ensure that members were able to serve the public “unimpeded by significant irreversible cognitive impairment.” The amendment was unanimously rejected, but she is not giving up. In a poll of the 230,000 people who subscribe to her newsletter, more than 90% supported the proposal. Perez says her constituents raise the issue frequently, and their belief that elected officials are frequently too impaired by age to be effective is causing spreading distrust of our government.

Gee, I can’t imagine why they would feel that way…

…but I digress.

Rep. Perez noted that she found it disturbing that among the oil paintings of the past chairs of the powerful Appropriations Committee is a large portrait of Kay Granger, the former Republican congresswoman from Texas who suffered from mental decline for years when a conservative news outlet found her, at the age of 81, living in an assisted living facility that included a memory care unit while she still held office.

There are now more members of Congress age 70 and above than ever before, while the second oldest President ever to serve is in the White House. Perez insists that there should be standards that prevent members from serving past the point where they no longer have the capacity to cast votes and do business on behalf of their constituents.“It’s a question of whether the elected member is making the decisions,” Rep. Perez said. “It’s really not about a single member; it’s about a systemic failure.”

Bingo.

Ethics Hero: Surprise! NYT Columnist Bret Stephens

I did not see this coming. Has any New York Times pundit ever written anything regarding Donald Trump that wasn’t pure venom? Has there ever been a Times opinion piece that said, “Wow! President Trump handled this problem perfectly”? If so, I must have missed it.

True, if any one of the Axis-biased Times stable of progressives, Democrats and the Trump Deranged were capable of such a composition, it would have to have been Stephens. Along with David Brooks he is one of the token sort-of conservatives on the staff usually displaying symptoms of the Stockholm Syndrome. Brooks is beyond hope now, but Stephens is at least unpredictable. He’s a weird sort of conservative, having opined once that the Second Amendment should be repealed, and he takes part in annoying transcribed anti-Trump snark-fests with Gail Collins, which reads a bit like what the old “Point-Counterpoint” would have been like if Shauna Alexander and James J. Kilpatrick were secretly boinking each other. (Gotta get THAT image out of my brain, quick.) Still, I am pledged to give credit where credit is due.

Today Stephens’ name was under a column headlined, “Trump’s Courageous and Correct Decision.” It begins,

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Ethics Hero: Hugo Monteiro

Who is Hugo? He’s a 31-year-old naturalized American citizen born in Brazil who was arrested outside Cambridge District Court in Medford, Massachusetts last week. Four plainclothes officers approached him as he was leaving the courthouse, escorted him to a Jeep Cherokee and placed him in handcuffs. ” I was calm because I knew I didn’t do anything wrong,” Monteiro said later. “They were just, like, telling me I was under arrest, that I was in trouble. I was confused.”

So were they, as it turned out. When the officers tried to confirm that they had arrested the the right person, they discovered their mistake. “I showed them my ID, my passport and my picture, and they confirmed that it was not me,” Hugo said. So the officers returned Monteiro to the courthouse. The whole episode took less than 20 minutes.

Hugo didn’t scream police brutality or run to the press to condemn “people being scooped off the street and disappeared.” He said that he knew the officers were “doing their job” and supported their efforts.

“Unfortunately, they called the wrong person, but I still support whatever they’re doing,” Monteiro said. “I voted for Trump. There are a lot of bad people in this country, to be honest with you, [who] don’t deserve to be here. No hard feelings,” he added.

Spoken like a good citizen.

Ethics Hero: Megyn Kelly

In the clip from her podcast above, Megyn Kelly, who has not always been the exemplar of ethical journalism, deftly eviscerated Ethics Villain Jack Tapper for his role in covering up Joe Biden’s galloping dementia and then turning around after the election (and the failure of his fellow propagandists to defeat Donald Trump) to profit from a book exposing the scandal that he was part of.

Kelly’s coup-de-gras comes when Tapper, cornered, whines, “There is a difference between the clips of Joe Biden falling on a stage… forgetting a Republican congressman had died… Those are embarrassing… but there is a difference between that and the investigative journalism that Alex and I were able to do—and only able to do after the election.”

Kelly goes for the jugular, and get it. “I don’t diminish the importance of the book,” she says. “But there is no way we can have that conversation with an audience that is as skeptical of your ability to tell the story as mine is without addressing your role in this, right?…you’ve watched the coverage since it came out that you wrote this book…. there’s a legion of articles comparing you in some instances to like, O.J. Instead of ‘If I Did It,’ this is ‘If I Hid It.’”

Perfect.

As a side note, should I give Tapper a teeny bit of credit for agreeing to do Megyn’s podcast? Surely he knew what was coming…or did he? I think he is mired in such a bubble and has been so corrupted by his stay at CNN that he really has convinced himself that working for the Axis of Unethical Conduct makes him one of the good guys. Either that, or he’s a moron.

Whatever the case, he’s lucky I wasn’t the interviewer. My questions to Jake would have made Megyn seem like Mr. Rogers….

The Unethical Obscurity of Larry Doby

Yesterday was “Jackie Robinson Day” in baseball, with every player wearing the civil rights and baseball icon’s retired uniform number 42. April 15, 1947 is the day Robinson, following the bold plan of Brooklyn Dodgers General Manager Branch Rickey to desegregate baseball, officially broke the game’s color barrier in an event with national, cultural and societal significance. (I’ve written a lot about Jackie, a great man as well as a great baseball player.) Baseball is justly proud of its role in advancing civil rights (and justly ashamed of its long exclusion of black players before and after Robinson’s trailblazing), but commenter “Old Bill” reminded me this morning of the undeserved and unfair relative obscurity of Cleveland Indians great Larry Doby, the second black man to play Major League Baseball.

“It was 11 weeks between the time Jackie Robinson and I came into the majors. I can’t see how things were any different for me than they were for him,” Doby once said. Well, they weren’t. Doby’s courage and fortitude while battling bigotry and hostility to integrate what had been a white man’s game were no less than what Robinson displayed.

Lawrence Eugene Doby was born on December 13, 1923, in Camden, South Carolina. Larry’s father, David, was a stable hand, grooming the horses of many wealthy New Jersey families. When Larry was eight years old, his father died in a tragic accident. After that the boy was cared for by his aunt and uncle as well as his mother and moved from locale to locale, finally settling in Patterson, N.J. Even before graduating from high school, Doby was playing second base in the Negro Leagues under the assumed name of Larry Walker for the Newark Eagles. Despite is tender years, he was considered a rising star. He entered college, where he was a basketball stand-out, and was drafted and joined the Navy during W.W. II. Doby was honorably discharged from the military in January 1946, and inspired by the news that the Dodgers had signed a black player, Robinson of course, he changed his career plans from teaching to baseball. Doby sensed that the times they were a-changing. He rejoined the Negro League Eagles, believing that might be a path to the Major Leagues.

When his team went on to win the Negro Leagues World Series in 1946, Doby attracted the attention of maverick Cleveland Indians owner Bill Veeck, now best known as the man who sent a midget up to bat. Veeck, like Rickey, had long sought to integrate baseball, which for Veeck was the American League. He became convinced that Doby was the right player to do it. Veeck decided that he would purchase Doby’s contract and bring him up to join Cleveland right after the 1947 All-Star break. Doby’s white team mates on the Indians refused to look at or speak to him. Doby told an interviewer in 2002, “I knew it was segregated times, but I had never seen anything like that in athletics. I was embarrassed. It was tough.” 

He didn’t win a place in the Indians regular line-up until the next season, when the Indians won the AL pennant with him playing the outfield every day. That fall Doby became the first black player to hit a home run in the World Series, winning Game Four 2-1 and sending the Indians to a World Series victory the next day. A remarkable photo taken after Game Four showed Doby embracing white Cleveland pitcher Steve Gromek. (I was told that this photo is famous: I’ve followed baseball and baseball history most of my life, and I had never seen it. But there is a statue of Pee Wee Reese with his hand on Jackie Robinson’s shoulder! ) in what was supposedly a watershed for race relations.

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Ethics Hero: Harvard Law Professor Adrian Vermeule

I admit it: this post is putting the cart before the horse. I need to complete a post about the leftist lawyer freak-out over Trump targeting ostentatiously anti-Trump, anti-Republican, pro-Axis law firms by handing them the just desserts for their abandonment of legal ethics and core professional principles to pander to the Democratic Party’s cabal over the past 15 years or more. But I am a bit short of time and energy right now, and Professor Vermeule, that rarity of rarities, a conservative Harvard professor, has done some of my work for me.

Last week, more than ninety members of the Harvard Law School faculty issued a joint letter supposedly concerning the “rule of law,” but actually embracing the same double standards and anti-Trump bias I have been witnessing from my lawyer friends on Facebook and especially in the online discussions among members of the Association of Professional Responsibility Lawyers. It said in part,

“The rule of law is imperiled when government leaders:

  • single out lawyers and law firms for retribution based on their lawful and ethical representation of clients disfavored by the government, undermining the Sixth Amendment;
  • threaten law firms and legal clinics for their lawyers’ pro bono work or prior government service;
  • relent on those arbitrary threats based on public acts of submission and outlays of funds for favored causes; and
  • punish people for lawfully speaking out on matters of public concern.

While reasonable people can disagree about the characterization of particular incidents, we are all acutely concerned that severe challenges to the rule of law are taking place, and we strongly condemn any effort to undermine the basic norms we have described….”

This is disingenuous posturing by partisan academics pretending to be neutral patriots. Professor Vermeule called them out on their pretense, writing in part in an open letter to his own to students and the public,

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On Musk Derangement Syndrome

Perhaps the clearest sign that a formerly mentally competent Facebook friend has gone over the rainbow to Progressive Wacko Land is if they write nasty things about Elon Musk.

Trump Derangement I can understand. Oh, at this point it’s juvenile and embarrassing to the sufferer as well as his or her family, but I can understand it. I easily could be a victim myself: “There but for the grace of God go I!” [a quote attributed to John Bradford (1510–1555) who was imprisoned in the Tower of London for crimes against Queen Mary I and burned at the stake.]

After all, from 2011 to 2016 I wrote dozens of Ethics Alarms posts about how awful Donald Trump was and a fair amount of very critical posts since then. Trump’s personality, rhetoric and conduct are so far removed from the nation’s historical template for its Presidents that the gag reflex is completely understandable, though if his style causes an individual to fail to appreciate what he has done (or tried to do) that is courageous, necessary and important (what we call “substance”), then bias has indeed made that individual stupid.

Elon Musk, however, is an unquestionable Ethics Hero. He will eventually get honored with a Presidential Medal of Freedom, and could justifiably get the honor tomorrow. Musk’s purchase of Twitter rescued civic discourse from the slowly tightening grip of progressive/Democratic Party control over what the public could read, learn about, consider and write. It is very likely that without the platform’s transformation to “X,” the Democrats would have held on to the Presidency despite their Politburo-like management of it under Joe Biden. That unselfish and patriotic purchase alone should guarantee appreciation even from those who disagree with Musk politically; that it doesn’t reveals ominous aspect of the Left’s priorities and values.

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They Make Such a Nice Couple! Ethics Dunce: Texas A&M University; Ethics Hero: The Foundation for Individual Rights and Expression (FIRE)

Texas A&M students started holding “Draggieland” (“drag” mixed with “Aggieland,” get it?) at the campus theater complex in 2020. Five years later, however, the tradition was slapped down as the school’s Board of Regents voted to ban all drag events on the 11 Texas A&M campuses.The board’s resolution reads in part,

“The board finds that it is inconsistent with the system’s mission and core values of its universities, including the value of respect for others, to allow special event venues of the universities to be used for drag shows [which are] offensive  [and] likely to create or contribute to a hostile environment for women.”

I’d guess a pre-law student with a closed head injury could correctly explain what’s wrong with that silliness, but luckily the student body at Texas A&M will have a better champion than that, The Foundation for Individual Rights and Expression, aka FIRE. FIRE moved in to fill the breach when the ACLU decided to be woke rather than defend free speech and expression regardless of which side of the partisan divide was attacking them, and this low-hanging fruitcake edict prompted the organization to file a federal lawsuit. It backs the Queer Empowerment Council, a coalition of student organizations at Texas A&M University-College Station and the organizers of the fifth annual “Draggieland” event that was scheduled to be held on campus on March 27, and aims at blocking the policy as a clear violation of the First Amendment. Which it is. FIRE asked a court in the Southern District of Texas to halt Texas A&M officials from enforcing the ban.

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