Sunday Ethics Reflections, 9/13/2020: “Hold On To Your Butts!”

1. Our aspiring leaders:

  • A 31-year-old female deputy and 24-year-old male deputy were shot while sitting in their patrol car at a Metro rail station in Compton, California. Protesters gathered outside the emergency room at the hospital where they were treated. The sheriff’s department found it necessary to tweet:  “To the protesters blocking the entrance & exit of the HOSPITAL EMERGENCY ROOM yelling “We hope they die” referring to 2 LA Sheriff’s ambushed today in #Compton: DO NOT BLOCK EMERGENCY ENTRIES & EXITS TO THE HOSPITAL,. People’s lives are at stake when ambulances can’t get through.” President Trump tweeted in response to the shooting:

Incredible: flat learning curve. After all the uproar about calling people “animals.” And if the shooters are minorities…The only one who can lose this election for President Trump is President Trump.

  • The Times of Israel reports, based on a recording of a virtual fundraiser, that Joe Biden said that the recent development of Arab states normalizing relations with Israel was “something positive” President Trump is doing “accidentally.”

Stay classy, Joe. To be fair, that has been the narrative of the Democratic Party/”resistance”/news media alliance for four years: if something goes wrong, it is the President’s fault; if something goes right, it’s either wrong anyway because Trump is responsible, or it’s just luck or an accident.

2. And now, from the world of sports! Continue reading →

Saturday Ethics Warm-Up, 8/12/2020: Remembering Boston Busing; Deriding BLM Lawn Signs And The Smug Bias They Represent

I remember this date, all right. I was scheduled to do a three hour CLE legal ethics seminar in Rhode Island on the 13th, and all the flights were cancelled. The bar association assumed I would cancel too, but I’m a “The show must go on” guy, and I said, “I’ll be there if I have to drive all night.” And I drove all night.

1. This date also had significance in the history of misguided utilitarian solutions to the problem of racial disparities. In his June 1974 ruling in Morgan v. Hennigan, U.S. District Judge Arthur Garrity held that Boston’s geographically segregated public schools created de facto school segregation that discriminated against black children. He ordered the busing of African American students to predominantly white schools and, punishing innocents for “the greater good,”  white students to black schools. Forced busing  began on September 12, and  was met with massive protests, particularly in South Boston, the city’s main Irish-Catholic neighborhood. Protests continued unabated for months, and many parents, white and black, kept their children at home. In October, the National Guard was mobilized to enforce the federal desegregation order.

The rest of the story: Boston’s draconian and unfair busing plan lasted for fourteen years, and (those who fail to learn from the mistakes of the past are doomed to repeat them) didn’t work. Racial divisions were exacerbated, parents pulled their children out of public schools, and many families moved to the suburbs. Continue reading →

High Noon Ethics Warm-Up, 9/11/2020: Thoughts While Wondering How Progressives Will Try To Reconcile Honoring First Responders With Their Demonization Of Police Position

I know the current Democratic Party and its agents, the mainstream media, are immune from self-awareness, but I would think pious reflections on the bravery of the heroes of 9/11 would be so flamingly insincere coming from them that they would just explode from internal and irresolvable inconsistency.

1. Then there’s the NFL…The current demonstrations by NFL players on the field, resuming yesterday as the pro foot ball season “kicked off,” and the leagues’ pandering to them, are, I read in the Times, due to the “killing of George Floyd” and the “shooting of Jacob Blake, and are meant to address “systemic racism” and “police brutality.” However, there is still no evidence that the death of Floyd was a result of racism, and increasing evidence that  Officer Chauvin’s admittedly brutal treatment didn’t kill him. As for Blake, he was not profiled or singled out for his race, but confronted because he was threatening a black woman whom he had previously raped and assaulted. Although the investigation isn’t complete, there is a significant chance that no “police brutality” will be found to have occurred in Blake’s shooting.

Meanwhile, David Bernstein identified the following people who were killed as a result of the Black Lives Matter/ antifa riots and looting: Continue reading →

Fake News! Bad Science! Confirmation Bias! Wuhan Virus Fear-Mongering! The Sturgis Motorcycle Rally Narrative Has It All!

I was going to write (another) post about politically weaponized studies and surveys after Nick Kristoff pronounced the U.S a failing nation after seeing the latest Social Progress Index, which determined that out of 163 countries assessed worldwide, the United States, Brazil and Hungary are the only ones in which people are worse off than when the index began in 2011. This is always one of my least favorite type of studies studies, the apples to oranges compendiums where it is the researchers’ values being measured and not what the study claims. Weight the 50 “metrics of well-being”  differently, take out some or add others, and the result is completely different, and just as imaginary. “The data paint an alarming picture of the state of our nation, and we hope it will be a call to action,” Michael Porter, a Harvard Business School professor and the chair of the advisory panel for the Social Progress Index, told Kristoff. “It’s like we’re a developing country.”

Right. That’s certainly a rational statement.  Kristoff goes on,

The index, inspired by research of Nobel-winning economists, collects 50 metrics of well-being — nutrition, safety, freedom, the environment, health, education and more — to measure quality of life. Norway comes out on top in the 2020 edition, followed by Denmark, Finland and New Zealand….The United States, despite its immense wealth, military power and cultural influence, ranks 28th — having slipped from 19th in 2011. The index now puts the United States behind significantly poorer countries, including Estonia, Czech Republic, Cyprus and Greece.

I guess the smart thing is to move right over to Finland or Estonia then! I’m sure the rest of the Trump-bashing pundits and America Stinks crowd, like Michael Moore, will have a field day with this propaganda, because it fits in nicely with Big Lie #5: “Everything is Terrible,” which I expect to have a resurgence as we approach election day. Actually it already is; here’s TIME’s cover:

But I digress: lets’s get back to Sturgis. (Thought I had forgotten, didn’t you?) Continue reading →

More On The Atlantic’s Big Lie

The news media and politicians keep using the Big Lie tactic because, sadly, it works.

One reason such lies work is that, unfortunately, people just aren’t, on average, very smart or attentive. The Atlantic Monthly’s two-year old “scoop” that the President had denigrated American servicemen during a trip abroad according to four “officials” who nonetheless didn’t have the integrity or courage to take responsibility for their story was self-evidently a pro-Biden smear job, identifiable both by its timing and its journalistic inadequacies. It arrived when there was legitimate news that was favorable to the President, yet the phony story received most of the ink and air time, even from Fox News and the conservative media, the latter of which discussed the rottenness of the tactic rather than its substance.

As Big Lies go—this was a micro-Big Lie, other than the recurring and still surfacing  macro-Big Lies that have served as the foundation of the relentless anti-Trump assault since the 2016 election—this one was rather well constructed, being based as it was on one of Trump’s stupidest and most damaging utterances, his campaign swipe at  John McCain and Vietnam prisoners of war. It was not a sub-Big Lie, relying on one of the Big Nine, because, after all, this one draws its strength from a fact: the President is an asshole, and unlike other recent asshole Presidents like Obama and Clinton, he doesn’t even try to hide it.

Nonetheless, the fact that a well-proven anti-Trump organ published this just as the riots were starting to take their toll on Joe Biden’s hate-fueled support and had to use anonymous sources to create it was, or should have been, plenty to allow even the semi-dim among the public to discern what was going on. Then came the multiple claims that Fox News and others had “confirmed” the story, which, of course, they hadn’t. This was incompetent and embarrassing, and it was immediately obvious to me, as it should have been for anyone with a modicum of education and two brain cells to rub together. I saw the “confirmation” report right after completing the September 4 post about news media disinformation, and wrote,

Fox saying it “corroborated” what Trump said is flat out false. If someone tells NBC I’m an anteater, and I deny it, then ABC talks to the same lunatic who says I’m an anteater and he repeats his accusation, did ABC corroborate that I’m an anteater?

Yet, incredibly—yes, after all this time, I still find the the lack of basic critical thinking skills among so much of the public hard to believe–a lot of people couldn’t see this. I know it sounds arrogant, but I have to regard this episode as either an IQ test or a corruption test: if you don’t see what’s going on, either you’re not very bright, or you are allowing yourself to enable lie.

Glenn Greenwald wrote a whole essay for the slow-witted about what the news media is doing here , unfortunately, slow-witted Americans don’t read The Intercept. He begins by recalling one of the worst CNN false reports pushing the Russia collusion coup effort, now down a memory hole, as CNN (and its fixer Brian Stelter) still insist that the networks reporting on that debacle was impeccable. Greenwald writes,

Very shortly after CNN unveiled its false story, MSNBC’s intelligence community spokesman Ken Dilanian went on air and breathlessly announced that he had obtained independentconfirmation that the CNN story was true. In a video segment I cannot recommend highly enough, Dilanian was introduced by an incredibly excited Hallie Jackson — who urged Dilanian to “tell us what we’ve just now learned,” adding, “I know you and some of our colleagues have confirmed some of this information: What’s up?” Dilanian then proceeded to explain what he had learned:

“That’s right, Hallie. Two sources with direct knowledge of this are telling us that congressional investigators have obtained an email from a man named “Mike Erickson” — obviously they don’t know if that’s his real name — offering Donald Trump and his son Donald Trump Jr. access to WikiLeaks documents. … It goes to the heart of the collusion question. … One of the big questions is: Did [Trump Jr.] call the FBI?”

How could that happen? How could MSNBC purport to confirm a false story from CNN? Shortly after, CBS News also purported to have “confirmed” the same false story: that Trump Jr. received advanced access to the WikiLeaks documents. It’s one thing for a news outlet to make a mistake in reporting by, for instance, misreporting the date of an email and thus getting the story completely wrong. But how is it possible that multiple other outlets could “confirm” the same false report?

It’s possible because news outlets have completely distorted the term “confirmation” beyond all recognition. Indeed, they now use it to mean the exact opposite of what it actually means, thereby draping themselves in journalistic glory they have not earned and, worse, deceiving the public into believing that an unproven assertion has, in fact, been proven. With this disinformation method, they are doing the exact opposite of what journalism, at its core, is supposed to do: separate fact from speculation.

The effectiveness of this technique depends on confirmation bias. A late, periodically lamented left-biased commentator here insisted that he knew Trump colluded with Russia to steal the election because that’s the kind of person he is. This, of course, is bigotry as well as confirmation bias, but that kind of thought process is driving the willingness of so many to accept an inherently unreliable story. Continue reading →

Comment(s) Of The Day: “The Insidious News Media Disinformation Campaign”

Soon after I designated Diego Garcia’s comment on this post a Comment of the Day, I  realized that it had to have the context of the Chris Marschner comment that Diego was responding to in order to be appreciated. So this is another rare tag team Comment of the Day on the post, “The Insidious News Media Disinformation Campaign.” I’ll have a brief comment at the end of the two COTDs.

First, Chris:

What exactly was the purpose of our involvement in Viet Nam? I know what we were told that it was to stem the rise of Communism in the world where countries in Asia would fall like dominoes if we did not intervene. If Communism will collapse upon itself because it is inherently flawed why do we need to hurry it along by killing people? You don’t win hearts and minds with coercion.

Wasn’t it learned that General Westmoreland falsified data to show we were actually winning when in fact we were mired down in a quagmire that only benefitted the military industrial complex that Eisenhower warned us about?

Maybe we were all duped. Maybe we are still being duped. Maybe we were all seen as suckers by Kennedy and Johnson. Maybe politicians and the public have been being duped for years by guys with scrambled eggs on their hats and stars on their epaulettes whose retirement plans include running Lockheed Martin or Boeing or just sitting on boards as they collect millions for a few days work because of what they know about defense contracts.

Maybe the smart parents were the ones that spirited their 19 year old’s off to Canada or paid their way to college and then on to Canada. I have no idea. However, those who served did so as patriots but even patriots can be suckered by politicians. I got suckered by Romney and McCain. I thought they were honest brokers of information until Trump forced them to expose themselves. I learned that integrity takes a back seat when someone challenges their power.

Why are we still in Afghanistan after nearly 20 years? Why is it that modern warfare lasts for generations while a poorly resourced rag tag bunch kicked the British ass in far less time? How could we defeat two enemies, forcing them to unconditionally surrender at the same time in roughly the equivalent of one presidential cycle? Could it be that the wars prior to Korea were existential imperative while today profits from equipment and expended munitions help keep the defense industries highly profitable? One has to ask, with all the budget hikes to improve the military’s readiness along with the positive changes in services for veterans, why do all these Generals have an ax to grind with the President who sees war as wasteful. Could it be that their business is war and part of their mission is to keep the public believing that these never ending wars are beneficial because it keeps them all in business. Tell me General’s Mattis and Kelly, which wars did you win to make you both experts on ending war?

If I recall correctly John Kerry told school kids to work hard and study because if they don’t they will wind up in Iraq. Maybe, just maybe Kerry and Trump have something in common. They can see when war is a gross waste of blood and treasure. They just have different ways of stating it.

Diego Garcia replied,

Continue reading →

Shut Up And Sing, Joan. OK, You Can Paint If You Want To…

Joan Baez, the iconic folksinger, painted that, posted it, and wrote,  “Dr. Fauci continues to be disrespected & marginalized by the administration’s lack of commitment to science. My painting offers the message to TRUST FAUCI. We can put our faith in science & truth, not lies, smoke screens & snake oil.”

It is amazing to me that so many people who continue to blame President Trump for the  results of the Wuhan virus simultaneously exonerate and extol Dr. Fauci, whose advice the administration has almost completely followed, who has frequently contradicted himself, who was saying in March that there wasn’t much to worry about, who initially said not to wear masks and then admitted that was intentional disinformation, and did this:

Moreover, the argument that policymakers should blindly follow the opinions of scientists is ignorant,  and indeed infantile. All a doctor is going to care about is the disease; he will not consider the practical aspects of his advice in other areas, like wrecking education, strangling the arts, crashing the economy, and indeed, that is something to which his expertise does not extend. Dyed in the DNA  liberals like Baez want a virtual dictatorship by scientists because of climate change, which Baez almost certainly knows nothing about other than what people like Al Gore have told her. Continue reading →

Saturday Morning Ethics Warm-Up, 9/5/2020: Welcome To The No Nervous Breakdown Zone!

Apropos to this morning’s post: I just read a thread on Facebook entirely populated by people I knew, some of whom have defriended me. They are mostly lawyers, and after reading what was written, I could only comment that their conversation was deranged. I didn’t feel like arguing with people who could really write that if the Democrats didn’t win in November, Americans would lose their civil rights (when it is the ideological compatriots of these individuals who are stripping away the rights of free speech and association, championing race-based policies, and condemning the President for insisting that universities observe due process when a student is accused of sexual misconduct. How can they write that? What happened to them? Then there was the section of the thread in which they discussed that the President was certain to refuse to leave office if he is defeated, and my personal favorite, the assertion that those defending Kyle Rittenhouse are racists.

These are lawyers. They were taught about the requirement that every individual has a right to a fair trial, which means that he or she must not be pronounced guilty in the court of public opinion before all the facts are known, and proven guilty beyond a reasonable doubt. They should know, as I do, D.C. Rule of Professional Conduct 1.2 (b), which says, “A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social, or moral views or activities.” Moreover, it is very likely that Rittenhouse, if he is ever tried, will be found not guilty. Did these deranged lawyer watch the video? I hope not, or they have really lost it. Rittenhouse acted in self-defense, and appears to be in the process of being railroaded by a racially biased justice system in Wisconsin, driven by the media and uninformed public opinion. I’ve seen the video. I’ve also been a prosecutor. I would not charge him, just as would not charge the officer who shot Rayshard Brooks in Atlanta. I’ve also been a defense attorney, and  I would take on Rittenhouse’s defense confident that I had a winning case.

I also was struck by the snide comment about those who object to “Black Lives Matter” signs being obvious racists. I flagged that group as being a racist hate group when it first raised its ugly, divisive head, and damn right I object to seeing signs extolling a group responsible for riots, arson, and terrorizing diners in D.C. by demanding that they raise their fists.

Finally, these formerly rational professionals—who were once even as you or I! —-had the gall to talk about how Republicans and conservatives were promoting violence and a civil war. Yes, the end of the spectrum that includes the antifa, the rioters, and a party that has worked for four years to undermine our democratic processes, is really accusing others of seeking division and violence. This warrants FOUR standard Ethics alarms clips: This one,

…this one, of course,

…I have to use this one, though these people one were not morons…

And finally,

Get well quick, friends. Please. Continue reading →

Ethics Quote Of The Week: Ann Althouse

“There are way too many people who should know better who are stirring up the forces of chaos. The idea that these people are going to help if there’s new chaos as the vote is tabulated and fought over seems overly optimistic. We are already having a national nervous breakdown and if there are “sober people” who “see reality unblinkered by the lens of partisanship,” where the hell are they? Partisanship clouded the perception of reality quite a while ago, and it’s going to continue and get worse in the next 2 months. Who has the credibility to “preserve the order of our civic structure” so we can get through some creditable tabulation of the vote? Nobody. Nobody even wants it. The fact that the discussion is focused on the idea of big bad Trump refusing to leave makes it all too obvious.”

Blogger/ retired law prof. Ann Althouse, expressing dismay at David Brooks’ most recent outbreak of Stockholm Syndrome, as the pompous former conservative pundit continues his forced evolution into a pompous “resistance” columnist for the New York Times with “What Will You Do if Trump Doesn’t Leave?/Playing out the nightmare scenario” 

I don’t think Ann’s is an ethical quote, but it is an ethics quote, with ethical revelations contained in it. Some points:

1. The “Trump won’t leave office if he’s defeated” refrain is a Big Lie, and pure fearmongering and slander by the AUC. There is no hint of evidence that he is so inclined, except through  accepting the Big Lie that spawns this one, Big Lie #3, “Trump Is A Fascist/Hitler/Dictator/Monster.”

Biden has repeated this despicable claim, as have many of Brooks’ colleagues. I will say again: the only political party that has ever challenged the legitimacy of an election result in 150 years is the Democratic Party, and the only losing candidates who refused to honorably accept defeat were Al Gore and Hillary Clinton. Continue reading →

Day’s End Ethics,9/3/2020: Three Terrible People, And The NFL

This is really getting up late; I spent all day writing legal ethics song parodies, including a new version of the “American Pie” parody I posted earlier. I was going to discuss the answers to that one, but I am so sick of “American Pie” right now I could spit.

Did you know that there was different end of the last verse? It comes in after “And the man there said the music wouldn’t play.” It went,

And there I stood alone and afraid
I dropped to my knees and there I prayed
And I promised him everything I could give
If only he would make the music live
And he promised it would live once more
But this time one would equal four
And in five years four had come to mourn
And the music was reborn…

The Day the Music Died.

1 . Here’s someone to add to your venal scum list: Stephanie Winston Wolkoff, who has a “tell-all” book coming out exploiting her time as a trusted friend of Melania Trump. All of these wretched people—Omarosa, John Bolton, Mary Trump, “Anonymous,” the rest of them—are the same. They betray trust for money, like Judas, or Robert Hansson. By any ethical standard, such books should be written, if at all, after the individuals who trusted the authors are dead or at least out of the public eye. That rule is the same whether the scum is cashing in on being trusted by Bill Clinton, Barack Obama or Donald Trump.

And yes, those who reward such low-lifes by buying their books are endorsing, rewarding and encouraging unethical conduct.

2. Wait, why isn’t this guy “cancelled?” From the Times:

The rapper and internet troll 6ix9ine, one of the most polarizing figures in popular culture today, is by turns grating, defiant, relentless, hostile and savvy, a self-proclaimed car crash, a rat and an admitted domestic abuser. At 24, he is also inarguably compelling to many, having landed two Top 5 hits — including “Trollz” with Nicki Minaj, his first No. 1 — and racked up more than one billion new YouTube views in less than four months, since his early release from federal prison this spring.

… In February of last year, he pleaded guilty to firearms and racketeering charges stemming from his role in the Nine Trey Gangsta Bloods, a violent, drug-trafficking Brooklyn gang, and agreed to cooperate with prosecutors, delivering what the judge in the case called “game-changing” testimony against his former associates… he was sentenced to two years, including the 13 months he’d already served — but it also put his life and rap career in jeopardy…

6ix9ine, a rainbow-haired, suggestively tattooed attention addict, was already controversial — an endless source of Instagram beefs that often devolved into real-world violence, and a convicted sex criminal, having pleaded guilty as a teenager to the use of a child in a sexual performance. Then he repeatedly doubled down on his villain status. His new album is called “TattleTales,” out Friday via the independent distributor Create Music Group,

3. I have an impolitic question to ask after you’ve digested this… Continue reading →