Ethics Train Wrecks

Saturday Ethics Warm-Up, 11/16/2019: Plan T?

/ Jack Marshall / 39 Comments

Great. I’m sick again.

It’s psychological, I’m sure of it. I dread the Whitewaters of Life period from November 17 through New Years, encompassing the anxiety of Thanksgiving, the anniversary of my father’s perverse decision to kick-off on my birthday, the annual 10-hour prickle-fest of decorating an eight-foot live tree to meet family traditions, maneuvering around the Christmas season while trying to make it special and feeling deep inside that those days are long gone, struggling with the rotten timing of wanting to spend without penny-pinching on thrilling loved ones while one’s own small ethics business is at its cash-flow nadir, and fighting off the ghosts of more carefree times with the missing, including my dad and especially my mother, who was a Christmas fanatic, and now Rugby, whose trick of sniffing out his presents and unwrapping them, and only them, with typical elan was always a Christmas morning highlight. This year, I have the extra burden of not one but two multi-day ethics road trips, one to carry musical ethics down the metaphorical chimney in Las Vegas, and to by car to New Jersey, where Paul Morella, alias Clarence Darrow, and I have two dates. Both trips are guaranteed to leave me feeling like I have been run over by a reindeer.

Ho-ho-ho.

Shut up, Perry.

1. Plan T watch. Note that the ethics Alarms home page finally has a link directly to the growing list of 19 attempted removal plans that have been launched to various degrees by the Democratic Party/ “resistance”/mainstream media soft coup alliance against President Trump. This version is slightly revised, including a reference to a consist statement of what is going on that echoes what I have written, but is nicely turned: “Donald Trump daring to serve as President is itself impeachable.”

Bingo.

Meanwhile, Plan T might be imminent. The tortured logic of Plan S, the basis of the current inquiry, is convincing no one, in part because the average American doesn’t know impeachment from a pear tree, and mostly because Plan S is dishonest and bats. To their shame if they had any, the impeachment mob has been  polling and using focus groups to determine which accusation will stick.

The Washington Post reports  that Democrats are easing out the term ‘quid pro quo,’ instead using “bribery” as the favored term to describe Trump’s alleged impeachable conduct: Continue reading →

Incompetent Elected Official, Unethical Quote Of The Week, And Ethics Dunce: Democrat Rep. Mike Quigley (IL) [UPDATED]

/ Jack Marshall / 11 Comments

And let me add, 

KABOOM!

“And, if gets to closed primer on hearsay, I think the American public needs to be reminded that countless people have been convicted on hearsay because the courts have routinely allowed and created, needed exceptions to hearsay…Hearsay can be much better evidence than direct … and it’s certainly valid in this instance.”

—-Rep. Mike Quigley (D-IL), making an ass of himself, misinforming the public, but nicely illustrating the lack of integrity and honesty at the heart of the current Democratic impeachment inquiry.

And how proud Loyola Law School must be to have graduated this idiot!

The Honorable Rep. is trying, I assume, to slide by the fact that much of the testimony being presented against the President is hearsay, which means, “not valid evidence.” There is a good reason for that: when what someone else says is repeated by another party as evidence of the proof of the statement’s truth, it obviously cannot be given much weight. For one thing, the actual speaker cannot be cross-examined, making the admission of such a statement as evidence reversible error. A witness can testify to what he or she heard someone else say, but that’s not hearsay.  The testimony is good evidence that the statement was made, just not that the speaker was necessarily telling the truth.

However, nobody, and no legal authority, rationally believes that “hearsay can be much better evidence than direct.” The statement is ridiculous on its face. It literally means that it is better to have someone who heard a statement testify that the statement was true rather than have the individual who made the statement.

Nor do courts “routinely” create exceptions to the rule against hearsay. The exceptions are old and well-established, and have not changed or had additions in many decades.

Here is the list from the Federal Rules of Evidence: Continue reading →

The “Resistance” Is Desperate To Hide The Fact That Their Attempted Coup Is One. Don’t Let Them Get Away With it.

/ Jack Marshall / 71 Comments

“A coup by any other name would still be a coup, and would still stink” WILLIAM SHAKESPEARE. (Well, he said something like that….)..

Just for the record, I’ve been calling this a “coup” all along. For some reason Facebook yesterday was stuffed with the specious and technical arguments that the Democratic Party/ “resistance”/mainstream media alliance’s efforts to find a way to remove the elected President literally from the moment he was elected (bringing those objective TV anchors and reporters to tears), and now finally culminating in a contrived impeachment hearing, is not accurately called a coup. “But it’s not through military violence!” “But if Trump is removed, it would make Pence President, so there’s no regime change!” I’ve explained before that what is being attempted meets the exact definition a “soft coup,” and thus that saying this isn’t an attempted coup is like saying a scrambled egg isn’t an egg.

This side of the ideological divide, as we know, thrives on word games and deceitful framing: heaven forbid that the public grasps what is going on under their noses.

It is particularly annoying when I am told that by one of the Facebook Borg whose understanding of the traditions  and institution of the Presidency extends to what they have been told by Rachel Maddow lectures me that by using “coup” I am mouthing Fox News “talking points.” First, I don’t watch Fox News; second, Fox News has its share of pro-impeachment fans (making it more balanced than any other network, all of which appear to lack any prominent on-air employees who are not coup-collaborators), notably fake “judge” Napolitano,  and third, most notable of all, Ethics Alarms began using the term “coup” while most critics (and Presient Trump) were throwing around “fishing expedition” and “witch hunt.”

Maybe the pundits who are suddenly using coup secretly read Ethics Alarms. That would be encouraging.  In that spirit, here is a summary of Victor Davis Hanson’s ten reasons (to which number he adds “at least”) the current impeachment effort is in fact a coup, in a column yesterday in the New York Post adapted from a piece in the National Review: Continue reading →

High Noon Ethics Warm-Up, 11/12/2019: Laser Eyes And Science Trees

/ Jack Marshall / 33 Comments

Yyyyup!

Sirius XM already has two Christmas stations operating, emulating Hallmark, which is showing nothing but cheesy Christmas movies starring B and C list actors (Candace Cameron Bure is one of the better known ones) all day long. Is there some significance to this rush to get to Christmas? Is it because everyone is so nasty and hostile that there is some kind of collective yearning for peace on earth and good will toward men, womyn and non-binary trans-pan-sexuals to arrive by cultural fiat? My wife is betting that the effort will just make everyone thoroughly sick of Christmas by the time we get there. Elmo learned, in a Sesame Street Christmas Special, that if every day is Christmas, nothing is.

But I digress…The reason I noted this was that I just heard Kelly Clarkson’s “My Grown-Up Christmas List” on the “Holiday Traditions” channel (I deemed it a better bet than The Doors, and “:Please Mister Custer”) and finally listened to the lyrics:

So here’s my lifelong wish
My grown up Christmas list
Not for myself but for a world in need
No more lives torn apart
That wars would never start
And time would heal all hearts
And everyone would have a friend
And right would always win
And love would never end, no
This is my grown up Christmas list.

Yeesh. Those are grown-up wishes? They are if “grown up” means ten-years-old.

Or you’re John Lennon.

I. One more ominous example of the Left channeling old fashioned totalitarianism..I knew that San Francisco was erecting a mural dedicated to the Climate Change Bullies’ own  Joan of Arc, creepy Greta Thunberg, but I didn’t realize how huge it was going to be. The conservative satire site the Babylon Bee joked that her eyes would be equipped with lasers to zap SUVs, at least I thought it was a joke. Legal Insurrection writes, 

Instead of focusing on issues of sanitation, job creation, or at least ensuring there are more high school students than drug addicts in the city, activists have chosen to honor Swedish “climate crisis” activist Greta Thunberg with a giant mural that will grace the skyline.

Andres “Cobre” Petreselli, an internationally renowned artist, is painting the activist teen with big blue eyes and a Mona Lisa smile.

The mural is still a work in progress, as Cobre is spending his days hoisted high up on a platform about 10 stories above Mason street, on the side of the Native Sons building near Union Square.

Thunberg is the 16-year old from Sweden who has inspired young people all over the world to take to the streets and let older people know they want climate change to be taken seriously.

“What I want from people is to realize have to do something for the world,” Cobre said. “Otherwise, it’s going to be the beginning of our extinction.”

Yikes. Continue reading →

Comment Of The Day: “Evening Ethics Update, 11/7/2019: Dr. King Is Un-honored…” (Item #4)

/ Jack Marshall / 12 Comments

When I read the headline about the reversal of the name-change for the old boulevard in Kansas City, I was secretly hoping it would be because of recent credible revelations that Reverend Martin Luther King had facilitated a rape, and worse. In May, King biographer David Garrow unearthed previously classified FBI documents showing that King was a bad guy in private by any measure, even using a Donald Trump or a Bill Clinton standard. I had written at the time,

“I want to see the ignorant, doctrinaire college students, progressive history censors and pandering politicians face this crisis and either live up to their alleged virtues and censorious standards, or admit that they were dead wrong, as I and many others have been saying all along….

As a civilization, we must recognize and honor the many, many men and women of all races and origins who have made humanity better by their public deeds, intellectual advancements and accomplishments in civic life, war and peace. Few of them, if any, did not have serious flaws or engage during their lives in conduct that today, or even in their own times, would be considered reprehensible. Using these acts, and solely these acts, to assess which historical figures are worthy of being remembered by future generations leads to a societal suicide, embracing a culture without heroes or aspirations.”

I was thus hoping that the statue toppling side of the political spectrum was being forced to sample some of its’ own  medicine, and that King had lost an honor using the same, misguided principle that had the Democrats removing the names of their party’s founders, Jefferson and Jackson, from their annual dinners. Sauce for the goose, sauce for the gander, and perhaps when the gander realizes it’s bitter and stupid sauce, it will smarten up.

No such luck. It doesn’t seem as if King lost his street because he was a sexual predator, just because more Kansas City voters than not thought the old name shouldn’t have been changed in the first place

Steve-O-From NJ, however, does seem to be right about double standards where honors are concerned.

Here is his Comment of The Day on #4, the Kansas City Street Name Battle, in the post, “Evening Ethics Update, 11/7/2019: Dr. King Is Un-honored, Virginian Republicans Are Non-Functional, Fox News Is Pro-Darkness, And Joy Behar Is Still An Idiot”…

[Incidentally, has anyone read any hint of acknowledgment from the U.S. media, African-American groups or the NAACP that Garrow’s information raises a question about the propriety of honoring Dr. King? Neither have I….]

After two years of statue-toppling and other attempts to erase history, it should come as no surprise that eventually someone should suggest yanking something down dedicated to some darling of the left. The fact is that no city is REQUIRED to have a street named for King, nor is any citizen REQUIRED to honor him. In fact, as has been pointed out here, MLK was far from a saint in life, particularly with regard to his poor treatment of women. There is enough reason to criticize him to justify questioning why he should be honored at all, particularly in light of the current attacks on other (much more significant and influential) historical figures such as Columbus and Jefferson.

Of course the Left, and the black community in particular, doesn’t see it that way. If you’re lucky, they’ll just give you a non-answer, to the effect of the one is nothing like the other. If not, they’ll accuse you of being a racist, not because you said something affirmatively racist, but because you failed to give what they believe is proper deference to one of their icons. Continue reading →

Saturday Morning Ethics, 11/9/2019: ABC’s Epstein Cover-Up, Facebook’s Whistleblower Identity Censorship, And More

/ Jack Marshall / 5 Comments

I started this one at 3:30 AM. 

If you can’t sleep, might as well be thinking about ethics…

1. “I’m smart! I’m not stupid, like everybody says…” While trying to find  the post I linked to yesterday(about corrupt and abusive systems of municipal funding, justice and law enforcement that “are virtual dictated by poverty and demographics that make an ethical system impossible”),, I stumbled upon a post written in August, 2014, titled “Prediction: The Ferguson Ethics Train Wreck.”Five years and three months later, I had no clue as to what that prediction might have been, and was curious to find out what it was. My prediction was this:

At this point, we have no way of knowing what the truth is. Maybe Wilson executed Brown. Maybe he is a racist. Maybe he is a psychopath. And maybe Brown’s conduct justified the use of deadly force by the officer, and the teen was largely responsible for his own demise. Presumably we will eventually know the truth.I confidently predict this, however, based on what occurred in the Martin-Zimmerman case:

IF the evidence supports the conclusion that Brown charged at Wilson, neither the family of the slain teen, nor the African American community in Ferguson, nor the protesters, the race-hustlers, the black and progressive politicians who benefit by preserving racial tension and distrust,  much of the news media and many, many pundits and political bloggers, will change their rhetoric, accusations or the prevailing Ferguson narrative one bit. They need for the narrative as it stands to be true, and want it to be true. Massive confirmation bias will ensure that the death of Mike Brown will be talked about, protested and regarded as an example of racist police oppression of young black men, and the truth, in the end, will be irrelevant.

I hope my prediction is wrong.

And, as we now know, it was not. Several candidates for the Democratic Party’s 2020 nomination for President have referred to Brown’s “murder,” the news media has largely allowed their intentional misrepresentation to go uncondemned.

2. Democracy Dies in Darkness update: Facebook and YouTube have joined the bizarre media censorship conspiracy that is committed to keeping the name of the Ukraine “whistleblower” from as many lazy and inattentive members of the public as possible. This is happening despite the fact that his name has been thoroughly revealed in many forums: he is almost certainly Eric Ciaramella, a CIA analyst, committed Democrat and consort of Joe Biden, Rep. Schiff, John Brennan and other Impeachment Plan S architects. Ciaramella also was cited in Special Counsel Robert Mueller’s report on the now-disproven collusion between Donald Trump and Russia. It included  Ciaramella’s May 2017 email summaries of a meeting between Trump and Russian officials  that were eventually  leaked to a New York Times reporter. Continue reading →

Netflix’s “The Laundromat” And Money Laundering Ethics

/ Jack Marshall / 2 Comments

Now streaming on Netflix, “The Laundromat” is an entertaining and flamboyant  examination of the phenomenon and roots of international money laundering, brought to us by director Steven Soderbergh (“Erin Brockovich,” “Traffic”) using a screenplay by Scott Z. Burns. The often tongue in cheek film is narrated by actors Gary Oldman and Antonio Bandaras playing lawyers Jürgen Mossack and Ramón Fonseca , whose now defunct firm set up tax shelters and shell corporations for the rich, corrupt and criminal  all over the world. Their empire was shattered by the Panama Papers data dump in 2016.

The film’s tone veers from smug to blunt as it focuses on three adaptations of true stories involving  Mossack Fonseca clients, all narrated by the excuse- and rationalization-spouting lawyers, the real life versions of which tried to sue to halt the production.

“The Panama Papers” as they are now called consisted of 11.5 million leaked documents that detailed financial and attorney–client information for more than 214,488 offshore entities, many of which were legal, but that supported fraudulent schemes and other crimes.  The documents were the property of  Mossack Fonseca. Even now, the fall-out from the release of the documents is unclear, in large part because so many of them involve attorney-client privilege, and the rules and laws governing their legal handling are spread over many nations, laws and ethics rules. The leak itself was a crime, and the hacker responsible, who goes by the name of “John Doe,” has never been identified.

This is an international ethics train wreck, and one that is so complicated that I didn’t cover it in 2016. That was ethics commentary malpractice on my part, I think. It was the biggest ethics story of the year, even if it is still largely unresolved.

Whether the law firm itself broke any laws is still a matter of debate. As Oldman and Bandaras constantly remind us, Mossack Fonseca set up arguably legal structures, and, they claim, didn’t know or care how they would be used. This is still a gray area of legal ethics in the U.S., one that was highlighted when “60 Minutes” broadcast its Global Witness episode in 2016 . Partners in eleven large Manhattan  law firms were caught on hidden cameras  exploring possible ways to represent an individual posing as the agent of an “African despot” seeking ways to launder millions of dollars. The ethics rules say that a lawyer may not knowingly assist a client in a crime or fraud, but contrived ignorance can be an effective, if unethical, device for lawyers to avoid  accountability when representing  unsavory (but profitable) clients.  Remember, Enron’s law firm avoided any sanctions, while the company’s accounting firm, Arthur Anderson, was prosecuted and destroyed.

No, Ethics Alarms didn’t cover the Global Witness scandal either, though I have talked about it in legal ethics seminars ever since. Clearly, money laundering has not had proper priority here. Again, my fault. I’ll do better. Continue reading →

No, This Isn’t Impeachable Either, Just Unethical And Illegal

/ Jack Marshall / 37 Comments

They are whooping it up at the Trump-Haters Club, because President Trump will have to pay $2 million in damages to nonprofit groups as a penalty for what can only be called a fraudulent use of his foundation in 2016. As part of the settlement agreement,  the President had to admit misusing funds raised by the Donald J. Trump Foundation, accessing them to assist his campaign, pay off debts of businesses he owned, including Mar-a-Lago and the Trump National Golf Club in Westchester County,  and, as an especially obnoxious move,  purchasing a $10,000 portrait of himself to hand in one of his Florida hotels. New York’s Attorney General  filed suit  accusing the Trump family of using the foundation to benefit various businesses and assist Trump’s  presidential run. You can’t use a non-profit like that; this is the kind of scam that got Tom DeLay thrown in prison.

The President admitted that the alleged charity charity gave his campaign complete control over the $2.8 million that the foundation had raised at an Iowa fund-raiser for veterans in January 2016. It was in fact a fund-raiser for the campaign, not veterans.

Nice.

Continue reading →

The Coup In Progress: Presidential Impeachment/Removal Plans

/ Jack Marshall / 27 Comments

I am finally devoting a dedicated post  to this list, in part because I am sick of searching for the thing every time I want to reference it. I will eventually deposit the list along with the Apology Scale and the Rationalizations List as another separate page in the “Rule Book” to your right.

One note on the use of the term coup. Some media pundits, their hands already bloodied, have been making the sophist claim that what has been going on since November 2016 isn’t a coup under the dictionary definition, which requires violence and usually a military take-over. Using cover-terms and euphemisms is a form of lying, and it is an especially common practice from  the Left right now, though the Right has its moments.

A “soft coup,” also known as a silent coup, does not use violence, and is typically based on a conspiracy or plot  aimed at seizing power, overthrowing existing legal authority, exchanging political leadership, changing the political system or the current institutional order. We are watching a long-running soft coup. A soft coup is still a coup.

There have been 19 Plans to abuse various processes, laws and theories, all put forward and promoted by members of the Democratic Party/”resistance”/mainstream news media alliance since President Trump’s election.  The  desired effect of this barrage, apart from serving the goal of removing him without the bother (and risk) of an election,  has been to make it impossible for the President to govern, and to destroy his support among the public.

When Plan S, which late novelist Robert Ludlum might have called “The Ukrainian Perversion” if it had been one of his novels, fails like the rest, or if President Trump is re-elected, the list will keep growing.

The List: Continue reading →

Ethics Warm-Up, 11/5/2019: A Whistleblower’s Biases, A Technology’s Risks, And A Thinking Actor’s Values

/ Jack Marshall / 13 Comments

Hi!

1. So now we know…The mysterious “whistleblower” is almost certainly Eric Ciaramella,  a CIA analyst, former National Security Council staffer,  and  a career intelligence officer.who has served in both the Obama and Trump administrations. It would have been nice and reassuring if he were not so strongly tied to the Dark Side, meaning the Democrats and various “resistance” figures, but he is. That doesn’t mean he had an agenda, but somehow all of the leakers and rebels who have been instrumental in keeping the Left’s coup fires burning have aspects of their backgrounds that justify skepticism.

From the generally useful and fair article about in Heavy:

Ciaramella has worked for the Central Intelligence Agency for several years and was assigned to the White House during the end of the Obama administration. He worked closely with Biden in his role as an expert on Ukraine. Ciaramella also has ties to Sean Misko, a former NSC co-worker who now works for Representative Adam Schiff and the Intelligence Committee. According to The New York Times, the whistleblower first went to a CIA lawyer and then to an unnamed Schiff aide before filing the whistleblower complaint. The aide told the whistleblower to follow the formal process, but conveyed some of the information he learned from him to Schiff, without revealing his name, The Times reported.

“Like other whistle-blowers have done before and since under Republican and Democratic-controlled committees, the whistle-blower contacted the committee for guidance on how to report possible wrongdoing within the jurisdiction of the intelligence community,” said Patrick Boland, a spokesman for Schiff, told The Times.

The whistleblower’s ties to Democrats, including Biden, Schiff, former CIA Director John Brennan, former Director of Intelligence James Clapper and former National Security Adviser Susan Rice, have created controversy, with Trump and Republicans using his past work with them in an attempt to discredit him.

I did say generally fair. The fact that this guy who created the path to the latest impeachment excuse just happens to be a Democrat with connections to a veritable nest of anti-Trump zealots does and should discredit his objectivity to some extent. An “attempt” shouldn’t be necessary.

2.  Geewhatasurprise…. From the MIT Technology Review:

A study published today in JAMA Pediatrics warns that kids’ literacy and language skills suffer with screen use, and MRI scans of their brains appear to back up the findings…. Forty-seven 3- to 5-year-olds took a test to measure their cognitive abilities, and their parents were asked to answer a detailed survey about screen time habits. …The scans revealed that kids who spent more time in front of screens had what the authors call lower “white matter integrity.” White matter can be roughly thought of as the brain’s internal communications network—its long nerve fibers are sheathed in fatty insulation that allows electrical signals to move from one area of the brain to another without interruption. The integrity of that structure—how well organized the nerve fibers are, and how well developed the myelin sheath is—is associated with cognitive function, and it develops as kids learn language. …Lead author John Hutton of Cincinnati Children’s Hospital told MIT Technology Review there’s a clear link between higher screen use and lower white matter integrity in the children his team studied. That structural change appears to be reflected in the results of the cognitive test the kids took as well, which showed high screen time associated with lower levels of language and literacy skills. “The effect size is substantial, as these findings also rigorously controlled for multiple comparisons across the brain,” Hutton says.

One easy and ethical remedy would be for parents to make sure their kids don’t see them constantly staring at their phone.

3.  A terrific, ethical, extemporaneous speech from Richard Dreyfus. No, Richard Dreyfus is not, and has never been, a typical Hollywood knee-jerk leftist. Glenn Beck’s conservative website “The Blaze” was “astonished” when actor/educator Richard Dreyfus recently told Fox News host Tucker Carlson,

“You were talking about the speakers on university campuses. And I am totally, incontrovertibly on your side about this. I think any intrusion into freedom of speech is an intrusion into freedom of speech. And when one of the presidents of one of the colleges said, ‘this is a school, not a battlefield,’ I said, no, it is a battlefield of ideas and we must have dissonant, dissenting opinions on campuses and I think it’s political correctness taken to a nightmarish point of view

I have withdrawn from partisan politics. I am a constitutionalist who believes that the Constitution and the Bill of Rights must be central and the parties must be peripheral. What’s most important for me is what you just mentioned haphazardly, we are over 30. Civics has not been taught in the American public school system since 1970. And that means everyone in Congress never studied the constitution and the bill of rights as you and I might have. And that is a critical flaw because it’s why we were admired and respected for so long, it gives us our national identity, it tells the world who we are and why we are who we are, and without a frame that gives us values that stand behind the bill of rights, we’re just floating in the air and our sectors of society are not connected.

What’s really important is that the assumptions of the left and the right are all skewed wrong. We have to find areas of agreement and areas that we share. And we do share the notion that education accomplishes certain things. One, it turns students into citizens. And, two, it teaches students how to run the country before it’s their turn to run the country. And, three, it teaches the values of this nation.

People come from all over the world or are born into this nation without the values that we have here. That’s why they came here, to get them. And what are they? You can put them in opportunity, rise by merit, mobility, and freedom. That’s what we sell. And if you don’t want that, you’ve chosen the wrong place. And you don’t get a pass by being born here, you have to learn it. Even the Ten Commandments are not known at birth. You must learn them. And we must learn our values and if we don’t, we are fatally, fatally wounding ourselves. We will not have any way to really combat the ideas behind ISIS because we won’t know our own. And we have to.

Exactly.

Fox News should give Dreyfus a show.