Is it unethical for an ethics speaker to drop trow during a program? I think so. It was a situation I narrowly avoided this morning. I am a rather animated speaker, and after I slammed the D.C. ethics rules into the floor to illustrate a point, my effort to retrieve the volume resulted in the rear snap of my galluses pulling loose from the back of my pants. With an unpantsing imminent (and about to be streamed live to hundreds), I asked my moderator to come down from his platform and rescue me by reclipping the devices on, which he did.
Hilarity ensued.
1. “Asshole” ethics. In another episode today, I referred to Harvey Weinstein as an “asshole,” in the context of discussing the multiple David Bois ethics problems in handling the Hollywood mogul’s representation. The exact statement was “Even assholes deserve competent representation.” This came closely after I had mentioned that lawyer incivility was an ethics problem whether there were explicit rules against it or not. One of the attendees in cyber-space texted a query as to whether it was uncivil for me to use the term “asshole.”
I answered that I was reminded of the moment in “1776” when one of the members of the Continental Congress challenges Thomas Jefferson’s use of the term “tyrant” to describe King George. Is it really necessary, Jefferson is asked, to use such a harsh word? Why resort to an insult? “Because the King is a tyrant,” Tom replies.
I went on to say that I have found that in certain situations, only certain harsh words are sufficiently accurate. What should I call Harvey, a miscreant? A jerk? No, the man is an asshole, I said. I’m not using the term as an ad hominem attack, but as the most accurate term I can think of for someone who has done the things he has done to so many women while indicating no remorse at all. I do not use the term indiscriminately, and would not use it in certain forums, such as open court. But I do not believe in word taboos, and when the description, however harsh, fits, it is not uncivil to make a Harvey Weinstein wear it.
2. Now, what’s the right word for THIS? In the Washington Post, Dan Hassler-Forest reflects on the themes of “The Lion King” and asserts that the lions, hyenas, and gazelles are “stand ins for human societal organizations” and that the themes of the movie “incorporates the white supremacist’s worldview.” Hassler-Forest is an author and public speaker on “media franchises, cultural theory, and political economy” who works as assistant professor in the Media Studies department of Utrecht University in the Netherlands. “No matter how you look at it, this is a film that introduces us to a society where the weak have learned to worship at the feet of the strong,” his article asserts. Continue reading →
I avoided George Clooney’s film “Good Night And Good Luck” when it was released, because I knew it had been designed as an anti-Bush administration allegory, weaponizing Edward R. Murrow’s battle with Senator Joe McCarthy as progressive propaganda. Seethe courageous and principled journalists stand up against ruthless Republican bullies! See the dangerous power-abusers strike back with guilt by association allegations and by attacking the messenger! See the objective, non-partisan journalists help bring down the threat to democracy!
I finally watched the film this week, and was struck by several things. First of all, the movie, which Clooney directed as well as co-starred in (as Fred Friendly) was much better and fairer than I expected: let that be a lesson to me.
Second, David Strathairn as Murrow once again showed what an excellent and under-appreciated actor he is, although his voice is an inadequate substitute for Murrow’s rich baritone. Third, Senator McCarthy really was a sinister creep, and it radiates from the screen. Those who still defend him, like Ann Coulter, are allying themselves with the Prince of Darkness. The man claimed that the ACLU was a Communist front organization!
Most of all, however, I was struck by how ironic and convoluted the film’s analogies had become in just 14 years, and found myself wondering who Murrow would regard as the bad guys today. For example, Murrow, speaking of McCarthy’s hearings on Communists in the Army and elsewhere, tells his audience that while Congressional hearings are an important part of the body’s oversight function, the line between legitimate hearings and “persecution” is thin. What would he think about today’s Democrats’ endless fishing expeditions designed to find some justification for impeaching the President?
Murrow went on television to condemn McCarthy’s repeated accusations based on assertions of facts, evidence and documents that didn’t exist. Would he have done the same today, but with his target being Rep. Adam Schiff (D-Ca) or Gerald Nadler (D-NY), both of whom have repeatedly, McCarthy-like, claimed to have “proof” of President Trump’s collusion that didn’t exist? Continue reading →
House Democrats on The Committee on Oversight and Reform tweeted the photo above to promote their investigation into “inhumane treatment” at the border The hearing, titled “Kids in Cages: Inhumane Treatment at the Border,” is supposed to examine this alleged inhumane treatment—as illustrated by the photo— that members of the committee allegedly witnessed. The photo was intended as a graphic sample of the “grotesque treatment of children” at the camps under the Trump Administration.
The photo and tweet were quickly sent down the memory hole when Democrats discovered that, not for the first time, they had used an old photo of camps during the Obama Administration.
After deleting the tweet, the Oversight Committee put up a second tweet with a different photo. This photo also turned out to be from the Obama administration, and was also deleted.
1. All-Star Game ethics reflections (with a dash of women’s soccer):
Competence.Can someone tell me how many different keys MAX wandered into while trying to sing the National Anthem at the MLB All-Star game last night? He was flat, he was sharp, he fluctuated mid-phrase. My rule is that I don’t care to hear a singer’s self-indulgent riffs at the end of the anthem if he couldn’t sing the real notes accurately earlier. That was awful. I know: it’s a tough song to sing on pitch without accompaniment, but these people are supposed to be professionals, and that was an amateurish, sloppy job.Incredibly, MAX has performed the Star-Spangles Banner at other sporting events.
Somebody tell him.
A saving grace: at least he remembered all the words (more or less) and didn’t kneel.
[ Speaking of kneeling: Women’s soccer team captain Megan Rapinoe “explained” her disrespecting the National Anthem (in defiance of her own team’s rules) while representing the nation abroad, telling Anderson Cooper last night (of course Anderson had neither the wit nor integrity to challenge her nonsense,
“I think that protest is not comfortable ever. It’s going to force people to look inward and question everything they thought that they knew….taking care of others, standing up for yourself and other people if they don’t have the ability to do so, is very uniquely American…I don’t think anybody can deny the horrors of racism and Jim Crow and mass incarceration and what’s happening on the southern border and gay rights and women’s rights.”
This is a sub-breed of Authentic Frontier Gibberish, the increasingly common species called the Self-Righteous Virtue-Signaling Authentic Frontier Gibberish, or “Kaepernick-speak,” SRVSAFG for short.. If an athlete hates the country because of its past mistakes more than he or she is proud of the country because of what it stands for, aspires to, and has accomplished, then it is hypocritical to play for a national team. “What’s happening” on the Southern border is an under-funded law enforcement and security agency doing the best it can to handle a flood of deliberate law-breakers who have chosen to endanger their own children. “What’s happening” in gay rights is that they are stronger now than they were during the first term of the previous administration. “What’s happening” in women’s rights is a healthy national debate over whether those rights should include an upon-ended right to end the life of another human being—none of which has anything to do with soccer.
But I digress–we were talking about an American sport, baseball…
Integrity. Fox’s baseball broadcasting is marginally better than ESPN’s but only because Fox doesn’t include a sociopathic steroid cheat like Alex Rodriguez on its broadcast team. However, the devise of having live interviews with the players on the field during the game is offensive and insulting. MLB is foolish to allow it.
2. Oh for God’s sake...In her review of “Dog Man: The Musical,” New York Times reviewer Laurie Graeber writes, “[M]y only quibble is the same one I have with the novel: All the really interesting characters are male.” Okay, it’s only a quibble, but it’s an offensive and biased quibble, and since her editor–if the Times still uses editors; I see no sign of them of late—didn’t have the sense to slap her down, it’s up to the rest of us. What does she want, EEOC quotas in every story now? Yes, that’s exactly what she wants, and the idea is creatively stultifying. This quibble leads to other similar quibbles, and the next thing you know, a production of “Twelve Angry Men” or “That Championship Season” or “The Fantastiks” will be labelled racist, sexist, homophobic or “ablist” because it does’t perfectly balance its casting with an equal number of men, women, blacks, Asians, Hispanic, gay, transgender, non-binary, “differently-abled” characters. If there aren’t enough characters to get them all in, then eliminate the white males.
Graeber’s “quibble” is based on tribalism and bigotry, and she should not be allowed to get away with it without a fight.
3. Apparently Labor Secretary Acosta is resigning today. GOOD. Ethics Alarms covered the reasons this is necessary and now long-past due in a November 2018 post about the revelations involving Jeffrey Epstein’s unconscionable plea deal. I wrote then..
I do not see how Acosta can remain as Secretary of Labor following these revelations, incomplete as they are. I don’t see how we can trust his judgment, and even if, somehow, he could justify the deal with Epstein on legal, technical or pragmatic grounds, I doubt that the general public would be reassured. He should resign.
Yet it took eight more months and a new set of charges against Epstein for President Trump, or Acosta to accept the obvious and to do the right thing. There’s no excuse for this.
1. From what cultural hell in America did this conduct ooze out of? A family got in a brawl in the middle of Disneyland, as on looking children screamed. See?
Nice.
The family was escorted out of the park, and criminal charges are being sought.
This entire family is so devoid of functioning ethics alarms that it lacked the basic civilized instincts not to a) physically attack each other b) physically attack each other in public c) physically attack each other in a family venue that represents the opposite of what they were doing.
In some kind of record for inappropriate understatement, Disney said that the company “does not condone this type of behavior.” That’s reassuring.
2. Congratulations to the U.S. Women’s Soccer Team, but its captain is still an asshole. I fully endorse—well, 95%— Washington Post columnist Mark Thiessen, who had this to say about Megan Rapinoe, the team captain who has been grandstanding her hatred for President Trump by refusing to respect the National Anthem abroad. He writes in part,
Rapinoe is not playing for the Trump administration; she is playing for the United States. It’s one thing for a professional athlete to protest the national anthem, but quite another for a member of Team USA to do it. Rapinoe is protesting the Stars and Stripes while wearing the Stars and Stripes. That’s not OK. Representing your country is a privilege, not a right. If she really feels she can’t show respect for the U.S. flag and anthem, then she shouldn’t wear the U.S. jersey. Here’s the worst part: What she’s doing is selfish. Her protest comes at a time when the U.S. women’s team has taken an important stand against gender discrimination. They are suing the U.S. Soccer Federation because, despite being more successful on the field than the men’s team, and bringing in more revenue, they are paid significantly less than the men. They have a point, and the World Cup is a chance to rally the country behind their cause. But instead of unifying Americans behind her team’s admirable fight for gender equity, Rapinoe is dividing Americans with her anthem protests. Untold numbers of Americans who might have been inspired to support the team’s cause have been alienated by its leader.
Thiessen is talking about cognitive dissonance here: he’s pointing out, correctly, that people are less like likely to rally with even a just cause when its advocates are assholes.
My 5% objection is that the women’s team will have a strong claim to equal pay when they prove that they can play soccer as well as the men’s team. Continue reading →
“Liberals are notoriously loath to take their own side in a fight. But their reticence may well be changing in an age of “vigilante, white nationalist terror”—openly condoned and supported by an incumbent president who has suggested that his armed devotees won’t stand for his removal from office. Increasingly, the antifa left is arguing—and training—in response. They are worried not only about an armed reckoning following a contested election, but also about rising violence from the paramilitaries loyal to President Donald Trump.”
This is an extreme example, but still characteristic of the parallel universe, delusional projection of their own desires onto the President by the deranged anti-Trump Left. To be succinct…
WHAT “vigilante, white nationalist terror”? I have seen lots of fake “hate crime” hoaxes and real attacks on people wearing MAGA hats who were minding their own business, but what is this referring to? Funny, I seem to recall that it was a group of Republican Congressmen who were attacked by a pro-Bernie sniper on a baseball field. Did that Charleston church shooting by Dylann Roof make this an “age”?
When has the President said that that his supporters will take up arms to prevent his removal from office? The reference cited in the article says nothing about removal from office.
WHAT “paramilitaries”? What rising violence? A recent study found less evidence of racial prejudice under Trump than Obama. [Correction: the original post mistakenly referred to “hate crimes.”]
Whacked-out opinions are fine; I read them every day. I’ve even had one or two myself. Hallucinations and paranoia unmoored to reality, however, is not fit to print in a national publication, whatever its politics. This appears to be near total fabrication to try to justify the Left’s own “paramilitary,” the Antifa.
Being hysterical is unfortunate. Trying to spread hysteria is evil.
Happy weird mid-week day before a holiday when almost nobody seems to be working…and remember Pickett’s Charge, July 3, 1863.
But ethics never takes a break…
1. Oops! Did we miss the real holiday? On this date in 1776, John Adams wrote to Abigail that the day before, July 2, 1776, the Continental Congress had voted to declare American independence from the British Empire. Adams predicted that July 2 would eventually be celebrated by every generation of Americans with parades, speeches, songs and fireworks, which Adams called “illuminations.” Why did he turn out to be wrong? Oh, because history is messy, mistakes don’t get corrected, and tradition becomes more important than facts. (Once again, “The Man Who Shot Liberty Valence” rule applies: “When legend becomes fact, print the legend!” )
What happened on July 4th? The unsigned but ratified Declaration was sent to the printer on that date, and the printer dutifully marked his prints with “July 4, 1776”. The delegates didn’t start signing the document until August 2, and all the signatures weren’t down on parchment until November. The dramatic depiction of the signing taking place on July 4 in the musical and movie “1776” is fake history. It’s not all Broadway’s and Hollywood’s fault: the iconic painting “Declaration of Independence,” by John Trumbull, a version of which hangs in the Capitol Rotunda in Washington and which the actors are staged to re-enact in “1776” is often captioned “July 4, 1776.”
Trumbull’s artwork actually shows the moment on June 28 when the Declaration drafting committee officially presented its work to the chairman of Continental Congress. John Hancock, There never was a signing ceremony.
Nonetheless, July 4 has, for some reason, been an unusually felicitous and significant day in U.S. history. It would be difficult to pick another that carried so much history, even without being the chosen date to honor the nation’s founding. Three of the first five U.S. presidents died on July 4, with John Adams and Thomas Jefferson famously dying on that date within hours of each other in 1826, fifty years after….the Declaration was sent to the printer.
But July 4, 1803, was the day word arrived from Paris that the Louisiana Purchase was complete, having been signed by Napoleon. Without it, the United States would have been a very different country, and a much weaker and poorer one.
July 4, 1863 also was the date Robert E. Lee acknowledged his defeat at Gettysburg after his desperate, risky, massed attack on the Union line across a fence-strewn field and up a grade into artillery fire failed. That defeat probably sealed the fate of the Confederacy, and meant that this unique nation would, despite a bloody close call, have a new birth of freedom, and that government of the people, by the people, for the people, shall not perish from the earth. Continue reading →
1. Talk about a newspaper column that is exactly the opposite of the truth! The Times had an essay in its “Review” section this Sunday with a title that gave me a shock: “Want to Be Less Racist? Move to Hawaii”
The headline would have been more accurate if it read, “Want to live in the only state with lawful and open racial discrimination? Move to Hawaii!” Hawaii gives special benefits to residents with full or partial Native Hawaiian ancestry. There is a special Hawaiian registry program which verifies an individual’s Native Hawaiian ancestry, so the favored race can receive such goodies that are unavailable to other racial groups as buying land for a home at only $1 a year, low-interest loans, and admission for their children to the elite Kamehameha Schools.
Anecdotally, I can also state that the only time in my life that I felt I was the target of racial epithets was in college, when the Hawaiian contingent frequently derided me and my white room mates as “howlies,” a disparaging Island term reserved for anyone who is not a native Hawaiian. I will always remember my 6’5″ roommate Dave ending the practice by saying to the two main offenders, “If I ever hear that word from any of you again, I promise that I will shove you, Howie, directly up Reggie’s ass, head first. Are we clear on that?”
Dave never bluffed, and seldom joked. That was the last time we were called “howlies.”
2. Nike is not just scum, but cowardly, sniveling scum. Nike Inc. cancelled a U.S.A.-themed sneaker featuring the Betsy Ross American flag because Head NFL Kneeler Colin Kaepernick, a Nike endorser, told company officials that he and others felt that the historic flag is an offensive symbol because of its connection to an era of slavery.
The Air Max 1 USA had been designed for release in celebration of the July Fourth holiday, and scheduled to go on sale this week. The heel of the shoe featured a U.S. flag with 13 white stars in a circle, the original flag created during the American Revolution and known as the Betsy Ross flag.
In case you missed the facts of this instant ethics train wreck a legal case, here they are:
Marshae Jones, 27-years old, was five months pregnant when she attacked female co-worker, Ebony Jemison, 23, in the parking lot of a Dollar Store. The two had a long-standing and bitter rivalry over their romantic designs regarding a man who worked at the same company and who is apparently the father of the unborn child. Jones had Jemison pinned in her car while punching her repeatedly. In self defense, Jemison grabbed her gun and fired point blank at Marshae’s stomach. The car taking Jones to the hospital broke down, delaying a medical response. Paramedics eventually arrived, but the unborn child had been struck by the bullet, and died.
A grand juryindicted Jones for “initiating a fight knowing she was five months pregnant,” but chose not to indict Ebony Jemison, who fired the shot. Despite the confusing and incompetent reporting on the case, it is still not certain that prosecutors in Pleasant Grove, Alabama will ultimately prosecute Jones, who according to all reports wanted her baby. I doubt that they will. Lynneice Washington, the district attorney for part of Jefferson County, said last week that no decision had yet been made about whether to go to trial, file lesser charges against Jones, or dismiss the case altogether.
“Foremost, it should be stated that this is a truly tragic case,” her statement said. “We feel sympathy for the families involved, including Ms. Jones, who lost her unborn child.”
Observations:
1. The fact that Jemison was not charged should surprise no one, nor does it reasonably affect the ethical and legal issues at issue here. She was attacked. The law of self-defense almost universally allows the use of deadly force when the alternative is sustaining a serious beating. If one is attacked by a pregnant woman, the response to the attack does not have to be moderated because of the possible consequences to an unborn child. The responsibility for any adverse result to the fetus is completely the expectant mother’s.
3. Alabama law declares a fetus to have the rights of a person from the moment of conception. There is nothing unethical or unreasonable about such a law, whether or not you agree with it. The reverse law, that a fetus/embryo/unborn child has no rights until birth is also ethically and legally defensible. Both cause practical problems and ethical conflicts and dilemmas, as do any compromise positions.
4. As long as a jurisdiction allows abortions within Supreme Court guidelines, there is nothing unethical about the jurisdiction prosecuting someone other than the mother who kills a fetus, intentionally or through negligence. 38 states have laws that classify fetuses as victims in homicide or assault, according to the National Conference of State Legislatures. In Alabama, a “person” includes embryos and fetuses at any stage of development, and the state leads the nation in such prosecutions. Last year, Jessica Lindsey, 29, was sentenced to 10 years in prison after pleading guilty to chemical endangerment for using heroin while pregnant. Raven West, a heroin addict who gave birth to a stillborn baby, received a five-year suspended sentence last year. And Alexandra Laird, who gave birth to two children who tested positive for heroin, received two suspended 10-year sentences and access to a treatment program, according to court records.
Regarding those three results: Good…Good…Good. I have no problem with them.
4. The question is, how different is a pregnant woman who starts a parking lot fist fight that precipitates sufficient violence to kill her unborn child from a woman who knowingly ingests toxic substances that harm or kill a fetus? I don’t see a material difference. If not, then why is it unreasonable to prosecute Jones?
5. It is amazing how deftly the same progressive advocates can turn on a dime and go from “Think of the children!” to “DON’T think of the children!” depending on what’s expedient at the time.
6. Although Alabama is currently challenging Roe v. Wade, this case has nothing to do with its defiant anti-abortion law. I see no reason to believe that Jones wouldn’t be charged under the same criminal statute a year ago or five years ago. This episode has just given pro-abortion advocates an opportunity to attack the state and make Jones into a martyr, though she was not seeking an abortion. At about 20 weeks pregnant, Jones was within the range where she could have had an abortion before the new law, so the feminist argument is, I guess, that if you can legally abort an unborn baby, you should also be able to get it shot without any consequences.
Nice.
7. The callousness with which the news media tries to spin stories related to the unborn is striking. Here’s the Washington Post:
“The 27-year-old was five months pregnant when she was involved in a fight that, authorities say, prompted a woman to fire a gun in self-defense. The bullet tore through Jones’s abdomen and caused a miscarriage.”
No, the bullet struck the unborn child and killed it. That’s not a “miscarriage.”
8. Whatever the outcome, Jones caused the death of her unborn child through outrageous, violent and uncivilized behavior, and warrants no sympathy whatsoever.
As always in such stories, her family says that Jones is a saint. Her mother calls her “a fun-loving mom, churchgoing, a hard-working lady,” insisting, “My child just doesn’t bother anybody.” Except, that is, a woman trying to make time with the father of Jones’ unborn child, in a parking lot, where she engages in a fist fight. Yeah, that Marshae is a responsible, model citizen! How could this happen to her?
9. Her lawyers say, absurdly,
“This young mother was shot in the stomach while five months pregnant and lost her baby as a result. She lost her home to a fire and lost her job. Now, for reasons that defy imagination, she faces an unprecedented legal action that subjects this victim of violence to further distress and harm.”
I know lawyers must defend their client’s zealously, but this is legal demagoguery. She was shot because of her own criminal actions. She was fired because she attacked a co-worker. She was a “victim of violence” necessitated by her own attack. I don’t know what the fire has to do with anything; the statement just as well might have said, “And she faces painful root canal work due to chronic tooth decay.” Talk about throwing in everything but the kitchen sink!
1. Any ideas about what was going on here? I’m stumped. This is New Orleans public defender—that is, former New Orleans public defender—Ashley Crawford:
She began working for the Orleans Public Defenders last October, and since that time apparently handled over a hundred cases without having ever acquired a license to practice law. The Orleans Public Defenders said the bar certificate of good standing she presented to the office last fall when she was employed had been falsified, and Ashley used the bar number of another attorney. She’s fired now, and facing charges.
Crawford graduated from the Loyola University New Orleans College of Law in 2016, then clerked for a New Orleans judge beginning that fall. Judicial clerks are not required to pass the bar exam, though many do.
Why would she—would anyone—do this? Now she is facing criminal penalties, and will never be able to practice law legally. It should be far easier to pass the bar exam and be admitted properly than to fake having a law license. She also has caused havoc for the judicial system: any defendant convicted while being represented by Crawford has an automatic right to a new trial.
There’s a lesson, a tragedy, a made-for-TV movie here; I just wish I knew what the lesson is. Continue reading →
Ethics Alarms 