‘Twas Two Nights Before Christmas Sunday Ethics Warm-Up, 12/23/18: Ho-Ho-Hypocrisy

Merry Christmas!

1. Yes, Merry Christmas, dammit. Those responsible for that moment of doubt and ethical uncertainty every time I encountered a stranger on my just completed Ethics Rock Extreme road trip to New Brunswick, New Jersey deserve to be entombed alive in peppermint and plum pudding.  The greeting simply says, “I wish you to be joyful and happy in a season where people are a little less selfish and a little more ethical: I’m not trying to indoctrinate you into Christianity!” Much of this completely unnecessary addition to holiday stress is due to to jerks—yes, I think the word is fair—like Julia Ioffe, the author of  “Please don’t wish me ‘Merry Christmas’/It’s impolite and alienating to assume I follow your religion.”

I thought Charles Dickens slam-dunked that nonsense definitively in “A Christmas Carol,” followed by almost all the Christmas movies that make the same obvious point except to deliberate holiday wet-blankets like Ioffe. No, jerk, the greeting is an expression of cultural unity among human beings, and the celebration of values that need have not be restricted to religious Christmas holiday because this is also a secular tradition as well. As soon as I get this post up, I’m going to re-post the Ethics Alarms Christmas commentary.

Somebody send it to Julia.

2. 2018 Hypocrisy Award, locked up! It doesn’t matter if you are happy or disappointed to see President Trump pull U.S. troops out of Syria and Afghanistan; you should still be able to marvel at the blatant, shameless, pandering, hateful and, really, laughable—if the cultural fad of denigrating the President of the United States regardless of what he does wasn’t so destructive and wrong— hypocrisy by news media Trump-haters, among others. Glenn Greenwald, who sees the world from a leftward perspective but maintains his integrity, called out MSNBC’s Rachel Maddow, who could be the symbol of the whole nauseating. He tweeted,

The most bizarre aspect of Rachel Maddow’s deep anger over troop withdrawal from Syria is that she wrote an entire book in 2012 denouncing illegal US Endless War without congressional approval – exactly what Syria is. I interviewed her about it here: Funny: citing that interview I did of Maddow’s book on the evils of Endless War without Congressional approval reminded me that she asked me to blurb that book, which I did. Here’s what I said – so ironic in light of her anger over Syria troop withdrawal

This upset Glenn’s loyal progressive followers, one of whom sent this fascinating retort:

“The most bizarre aspect of Glenn Greenwald’s inexplicable credibility is his ability to appear as first an advocate and then an opponent of almost everyone and everything. Can’t choose one perspective.”

See? To people like this—the commenter’s handle is IstandwithMaxine, which pretty much explains everything—is that they have been brainwashed to believe that is is bizarre unless adopts a single  view—theirs. of course, otherwise you are evil–and never alters it or admits that it may need re-thinking when that view leads to dead ends, disasters and pitfalls, no matter what new information arises. Someone like Greenwald, who tries to apply the same standards of analysis and ethical judgment to all regardless of whether it advances an ideology, is just untrustworthy, a traitor.

This cartoon has been circulating online. It is 100% fair and accurate regarding Trump’s critics self-indicting reaction: Continue reading

Morning Ethics Warm-Up, 12/21/2018: Getting The Tree Lights On In One Day Victory Lap Edition, Featuring Sports, Movies, Jerks And “Bambi”

Happy Holidays!

Seven hours, one serious needle wound, and 1300 lights later, victory! I’ll finish the decorations when I get back home, IF I get back home…

1. Itinerary…I’m heading to New Jersey via train to hook up with the brilliant Mike Messer, what we call “the talent,” in an encore rendition of the musical legal ethics seminar, “Ethics Rock Extreme,” lyrics by yours truly, musical stylings by Mike, on the guitar. Then it’s back to D.C. by air on Saturday, if I’m lucky. If I’m not lucky, I’ll be taking the New Jersey bar exam in the Spring…

I have no idea how or whether I’ll be able to keep Ethics Alarms on track once I board the train this afternoon. I’m not going to launch a second Open Forum in leas than a week, so please keep working on the current one here, now at 130 entries and counting. I will be reviewing those on the road, and I’m sure there will be some Comments of the Day to post, eventually.

2. In case I am trapped in New Jersey…Let me alert everyone that Peter Jackson’s apparently terrific (based on the reviews) WWI documentary “They Shall Not Grow Old” will be playing in theaters on December 27, and after that, who knows? The American public’s ignorance about that war, perhaps the greatest human catastrophe in modern history, is a failure of education, perspective and culture. If you have kids, take them. Here is the trailer:

3. Speaking of cultural literacy and movies, TCM is offering a limited engagement in theaters for “The Wizard of Oz,” on January 27, 29, and 30.

Is there another film that so many people purport to know and love so well without actually having seen it as it was intended to be seen? When I finally saw the movie in a theater—no breaks or commercials, big screen—I was shocked at how different and, obviously, better, the experience was. It’s an artistic masterpiece and sui generis: we will never see its like again, nor talents like Judy, Ray and Burt, among others. Continue reading

Morning Ethics Warm-Up, December 19, 2018: Facebook’s Lies, Hillary’s Letter, Harvard’s Defenders, And Kavanaugh’s Victory

Good Morning!

1. Open Forum today! As soon as this post is up, I’ll open a forum for readers here to raise their own suggestions for ethics topics and to offer their commentary without me getting in the way. The last one was a spectacular success, attracting over a hundred comments, generating many fascinating threads, and producing three Comments of the Day so far. Just keep the topics on ethics, don’t get distracted by tangents and bickering, and keep it civil.

The immediate motivation for today’s forum is that I have to prepare for and deliver an annual end of year ethics CLE seminar at the D.C. bar. If you’re in the vicinity and need the credits, or just want a lively ethics workout, come on by and say hello. Here are the details:

Date: December 19, 2018

Event start time :1:30 PMEvent end time:4:45 PM

Venue:D.C. Bar: 901 4th ST NW, Washington, DC 20001-2776

Credit: 3.0 Ethics Credit Hours, including 3 hours of professionalism for those states with such requirement.

Description: Widespread discord in our current culture places unusual stress on professional ethics, and unfortunately, the legal profession is not immune. The past year saw many legal professionals, including famous names in the law, make questionable decisions and breach legal ethics standards, providing both cautionary tales and fodder for analysis. This challenging and interactive class will explore important developments and looming perils that every lawyer should be ready to face.

Topics include:

• Direct adversity vs. “general adversity,” and whether it matters
• Sexual harassment as a legal ethics problem, and the profession’s vulnerability to “The King’s Pass”
• Defying a client for the client’s own good
• Fees, referrals and gaming the rules for fun and profit
• Professional responsibility vs. legal ethics
• The increasing threat to law firm independence and integrity
• The technology ethics earthquake

..and more!

Faculty: Jack Marshall, Pro Ethics Ltd.
Fee: $89 D.C. Bar Communities Members; $99 D.C. Bar Members; $109 Government Attorneys; $129 Others

2. Meanwhile, here are Facebook’s “standards”… As Ethics Alarms posts continue to be blocked on Facebook in various ways, including by “community standards” that for some reason reject the ethics of “Miracle on 34th Street,” the social media behemoth’s own standards are coming into focus: From CNBC: Continue reading

Morning Ethics Warm-Up, 12/18/2018: One Week To Christmas Edition (Including Nothing About Christmas, Almost)

Good Morning.

A beautiful, naked Frasier Fir is standing in my living room like an unpaid debt.

1. Speaking of Christmas...The first installment on the Ethics Alarms ethics guide to “Miracle on 34th Street” went up late yesterday, and was immediately blocked on Facebook for violating community standards. Nice. It appears my Facebook “friends” took revenge for my chiding their juvenile and unending “Orange Man Bad” posts.

2. Speaking of being ticked offProfessor Turley:

In a surprising admission, the author if the controversial dossier used to secure the secret surveillance on Trump officials admitted that it was paid for by Clinton campaign as a type of insurance to challenge the election.  At the same time, the reporter who helped break the story, Michael Isikoff now says that many of the specific allegations remain unproven and are likely false. 

The Washington Times reported that Steele stated in a declaration in a defamation case that the law firm Perkins Coie wanted to be able to challenge the results of the election based on the dossier.  In an answer to interrogatories, Mr. Steele wrote: “Fusion’s immediate client was law firm Perkins Coie. It engaged Fusion to obtain information necessary for Perkins Coie LLP to provide legal advice on the potential impact of Russian involvement on the legal validity of the outcome of the 2016 US Presidential election. Based on that advice, parties such as the Democratic National Committee and HFACC Inc. (also known as ‘Hillary for America’) could consider steps they would be legally entitled to take to challenge the validity of the outcome of that election.”

In his typical fashion when he is in mealy-mouth mood, Turley says this is “concerning,” since this document was used to get judicial leave to spy on the Trump campaign. The news is only surprising if you had your fingers in your ears and were shouting “Nanananana” for the past year. This issue, you will recall, is what led a previously well-regarded commenter from the Left here to noisily withdraw as a participant because I was, he said, obviously in the throes of irrational Right Wing conspiracy mania because I posted this.

Certain exiles, if they have any integrity at all, owe me a large, effusive, groveling apology—and I still might not accept it.

Concludes the Professor: “The Steele admission only magnifies the concerns over the purpose and the use of this dossier, but has received little media attention.”

Gee, I wonder why THAT is!

3. “And now for something completely stupid” Department. I guess former “Fresh Prince of Bel Air” star Alfonso Ribeiro’s  career isn’t going so well. He is suing the makers of the video game Fortnite for allegedly stealing his “Carlton dance.” You know, this…

It was a big deal at the time because Ribeiro’s character was a geek, and ignorant viewers didn’t know that the actor was professional dancer who had starred in “The Tap-Dance Kid” on Broadway as a child. The fact that a video character does similar moves…

…is no basis for a lawsuit. Choreography copyrighting is a murky intellectual property area, and suing because of an animated figure’s moves is pathetic, as well as an abuse of the civil justice system. The has-been star is angling for a nuisance suit settlement. He should try “GoFundMe” instead. Continue reading

Flashback: Revisiting January 15, 2017, When I Was Horribly, Depressingly Right.

There are so many posts here that I forget I wrote many of them, and definitely forget exactly what I wrote in them. I do check old posts when I stumble upon them to see how I assess Past Me as kind of an integrity check. It is remarkable, or maybe its an indictment, that I still agree with myself 99% of the time, no matter how much time has passed. As is often the case when an old post comes back into view, it was a new comment—nothing substantive– that unearthed this one, a post on the topic tagged as the 2016 Post Election Ethics Train Wreck here.

Two years ago I was getting complaints that I was spending too much time and print writing about the progressive/Democratic Party/ news media/”resistance” efforts to ensure the failure and rejection of Donald Trump as President before his administration even got started. I had been writing about the dangerous divisiveness and government dysfunction that this conduct would inevitably lead to if it didn’t stop for just two months. I wrote this post in response to those complaints.

Incredibly, shockingly, depressingly, dangerously, nothing has improved. Indeed, it has gotten worse. A lot has happened: impeachment plans A though O have been floated, advocated and pursued. The news media has been transformed into a virtual vigilante arm of “the resistance.” It is also one of the many democratic institutions that has been weakened, losing public trust and deserving to do so. Meanwhile, Ethics Alarms, in great part because it has refused to capitulate to this culturally suicidal madness, has lost readership and support. The problem is that opposing the broad-based effort to destroy an elected President regardless of the deep wounds it inflicts on democracy and society is seen by the deranged as endorsing the persona, character, methods and all of the policies of Trump himself—seen as, or cynically and dishonestly characterized as such to avoid confronting my analysis. (Hello, Facebook!)

Reading this post after everything that has happened since, I can only wish I was as right every day as I was on the day I wrote this, and I also wish that I had been wrong.

I recommend that you read it too. I may break in here and there. I will not take back a single word.

It is titled, Apologia: I’m Sorry. I’m Sorry That The Left Is Behaving So Unethically, And I’m REALLY Sorry I Have to Keep Writing About It.

Ethics Alarms is intended to be a pan-ethics colloquy on our efforts to set ethical standards in our society, using, for the most part, current events and controversies to apply ethics analysis to dilemmas, conflicts and gray areas as they arise. Silly me: I really thought that once the election was over, I could shove political ethics back into the pack, and get back to more balanced and diverse commentary. I did not expect the Left—is there a better word for progressives, Democrats, Hollywood, academia, artists and the mainstream media?—to behave so abominably and irresponsibly for such an extended period.

Because I believe with all my heart  that this mob-tantrum is doing far more damage to the nation and society than unethical IKEA ads, incompetent judges and even sexual predator 6th grade teachers, I have to chronicle this awful national ethics phenomenon at the expense of other topics. I am thoroughly sick of it. I feel like Keith Olbermann, who quit his first non-sports news commentary job because couldn’t stand reporting on the Monica Lewinsky scandal every night. And believe me, I don’t like feeling like Keith Olbermann.

This is the major ethics story of the month, the year, and maybe the decade. A coalition of ideologically inflexible groups are deliberately seeking to undermine a duly elected President of the United States, and to destabilize the United States government, because their candidate—and a terrible, corrupt, incompetent candidate she was—somehow managed to lose. They are doing this in full knowledge that their actions directly contradict their leaders’ statements before the election. You know, like this one… Continue reading

Saturday Ethics Warm-Up, 12/15/2018: A Good Firing, A Good Trend, A Bad Law, An Unethical Complaint, And A Tardy Confession

Rain rain go away; come back another day; Jackie wants to GET THE %$#^&@!!! Christmas tree up and start the annual  10 hour HELL of decorating it!

1. Is Facebook blocking Ethics Alarms? Several readers have reported that their efforts to share posts have been foiled. I can’t post links to it; my last several tries on two different posts have gleaned an error message. No one has shared a post to Facebook anywhere for nine days, which is very unusual. The last Ethics Alarms post with any shares was the “Kiss the Girl” post, which had quite a few.

I also have no idea what to do if Facebook is blocking the blog, and not much motivation to do it. Increasingly I am finding that my Facebook friends are making me lose respect for them with their constant virtue-signaling to the Left and refusal to accept any contrary opinions without stooping to personal insults. The “Facebook community” standards are incompatible with ethics commentary? I’m not surprised, and it can bite me.

I have literally never written anything that would justify social media censorship, assuming fair, responsible and free speech-respecting social media.

2. “The best people.” Ryan Zinke is finally leaving the Cabinet, and the President will be looking for a new Interior Secretary. The former Montana congressman and Navy Seal had an ethically tone-deaf and politically controversial tenure, facing nearly 20 federal investigations ― one of which his agency’s inspector general recently referred to the Justice Department for possible criminal violations. Like Trump himself, Zinke was incapable of recognizing that when you embark on a controversial policy mission, you have to stay squeaky clean, or the news media bring you down. This is simply stupid, arrogant and self-destructive.  Zinke should have been fired months ago.

3. Hooray!The NFL isn’t as criminal as it used to be! I guess that’s something. It was reported that “only” 36  incidents occurred in 2018 that ended in the arrest of an NFL player, down (so far) from 49 last year, and 80 a decade ago.

I guarantee that you can count the parallel incidents in Major League Baseball on one hand, every year.

4. Obamacare was declared unconstitutional in federal court, whatever that means.  I don’t know at this point whether the decision has a prayer of surviving. I do know that the legislation is and was a fiasco, and that this is what one gets when a party decides to rush major legislation through while by-passing the other party, a President repeatedly lies about it to get public support based on misinformation, and the bill is voted on with few, if any, legislators actually reading the law.

I also continue to marvel at the number of otherwise intelligent Americans who continue to idolize President Obama, who is responsible for this mess and claims it as his “signature achievement”—all while the same Americans rail about President Trump’s “lies.” He has not made a single misstatement in the past two years that has been a fraction as consequential as Obama’s lie about the Affordable Care Act. Continue reading

Ethics Dunce: William Kristol

The Weekly Standard went belly-up today. As usual when a publication dies, there isn’t just one reason. There are many reasons, including a changing market, competition, aging principals and bad luck. These factors were at work in this instance as well. However, the Weekly Standard was primarily doomed by the arrogance and selfish pique of the man who one would think would be the individual least inclined to harm the Standard, since it was his legacy. He went ahead and mortally wounded it anyway, for a stupid reason, if a popular one. He hated Donald Trump. That individual, of course, is William Kristol. Continue reading

Morning Ethics Warm-Up, 12/14/2018: PolitiFact Lies About The Lie Of The Year, And What’s This Taboo Stuff Bing is Blathering On About?

Good morning.

1. So you think baseball ethics controversies end with the season? Not at Ethics Alarms!

  • Did you know that baseball has its own Colin Kaepernick, sort of? Free-agent catcher Bruce Maxwell can’t find a team, though he was once considered the front-runner to be the Oakland A’s starting catcher.  In 2017 Maxwell,  who is white, became the first and only major leaguer to kneel during the National Anthem. The buzz coming out of baseball’s winter meetings was that taking a knee was enough to make him persona non-grata among baseball owners.

Of course, the fact that Maxwellwas arrested on a gun charge in 2017 and later pleaded guilty to disorderly conduct, and also played poorly last season in the minor leagues doesn’t help. “This is not a Colin Kaepernick situation, said an anonymous source at the meetings. “This is if Colin Kaepernick had knelt for the anthem and also been arrested for a gun crime.”

Except that things like gun crimes are not that big a deal in the NFL…

  • In a debate with baseball commentator Christopher “Mad Dog” Russo, Hall of Fame manager Tony LaRussa inadvertently gave a lesson in why conflicts of interests are a problem while simultaneously showing that he has no idea what a conflict is. Russo correctly protested that Harold Baines, recently a shock election to the Baseball Hall of Fame by a 16 member committee that included  close associates of Baines, was unqualified, and noted that several members of the committee, includiing Baines’ long-time manager LaRussa, had a conflict of interest. LaRussa’s rebuttal: “Do you think the people who know him better than the average expert, fan or even other baseball executives, have actually been teammates with him … when they speak with more knowledge about the type of player he was, I think that speaks more to his credit, not less.”

No, Tony. Those who knew and admired him are biased, and Baines should have been elected or not elected by a panel that knew him no better or less than it knew the other candidates. That Baines’ pals have inside knowledge that he, let’s say,  likes puppies, always held the door open for the manager’s mother, once bailed a team mate out of jail and often played despite a sore toe has nothing to do with his qualifications for the Hall. And LaRussa has a law degree! Maybe this explains his ultimate career choice. Continue reading

Comment Of The Day: “Open Forum Ethics, Climate Change Thread”

This is the second Comment of the Day that surfaced during this week’s open forum. It was sparked by this comment, changing the subject at hand from the wisdom of training women in the military to that old stand-by, climate change. Slickwilly wrote,

… Global Warming (excuse me: “Man Made Climate Change”) is a hoax, designed to transfer wealth to the Global Elites.

I have proof: the UN has admitted this openly. Given that our press is Elitist themselves, of course this gets little coverage.

https://www.investors.com/climate-change-scare-tool-to-destroy-capitalism/

Progressive Elites like socialism because they think they will be the rich upper class that always develops, while the masses starve. (Need I point to EVERY place it has been fully implemented?)

Is it ethical to lie about science to further a political agenda?

The climate change fearmongering has ticked up a notch recently, and the rhetoric of Alexandria Ocasio-Cortez, who is essentially arguing that climate change perils demand extensive government control of technology and the economy—that is, socialism, and less freedom— and the U.N., which is increasingly candid about its position that only world government, or at least a significant surrender of national interests and autonomy, can save the planet. These are really political positions rather than ecological ones,  and are germane to slickwilly’s assertion.

That does not mean that climate change is a hoax. It does mean, in my view, that the climate change doomsayers and the scientists who have foolishly allied with them, have permanently, yes permanently, destroyed their credibility and their relevance to policy. The recent government climate change assessment followed the trend.

Also crippling itself as a resource and asset is the news media, which have been in full-throated support of unproven environmental doomsday scenarios for decades, and have been unwilling or incapable of rendering unbiased and apolitical analysis. Instead, they strategically feature deliberately scary pieces like this, aimed at the gullible and scientifically dim:

…If we proceed to use up all the fossil fuels on Earth, it could warm by as much as 17 degrees Fahrenheit by 2300.

As the ocean warms, its oxygen levels will continue to drop. If ancient history is any guide, the consequences for life — especially marine life in the cooler parts of the ocean — will be disastrous.

“Left unchecked, climate warming is putting our future on the same scale as some of the worst events in geological history,” Dr. Deutsch said.

If…could…if…”on the same scale.” ARGHHH! That’s good enough for me! Who’s going to be the wise and benevolent dictator to save us?

Here is Michael West’s Comment of the Day on the climate change thread on the post, Open Forum Ethics

I think “science” benefits greatly from public ignorance of what science is. We have this notion in our minds of lab coated brainiacs running through deliberative experiments to either falsify or strengthen a “guess” (hypothesis) about some process. That’s only one *method* of science.

A lot of science, however, Climate Change Science among them, really consists of gathering VERY incomplete data, running a series of statistical models (all dubious…you know, lies, damn lies and statistics) and methods of “purifying” the data. In the end, those sciences are essentially advanced forms of what the ancient philosophers did: look around the world and try to draw inferences and conclusions from a bewildering amount of information in order for us to make sense of our world.

Knowing this, Climate Science is closer to religion and philosophy than it is to lab-coated men and women running rigorous and repetitive cycles of intentional experiments. At which point, we can only analyze the conclusions of such “scientists” in terms of their own worldview. Continue reading

Enlighten, Impress And Depress Your Friends! Explain Why The President’s Alleged Election Law Violation Was Not One, Much Less A Justification For Impeachment

When Trump lawyer/crony/fixer/slimeball Michael Cohen was first arrested, multiple lawyers, legal experts and commentators who principles and integrity had not been melted by “the resistance” pointed out that paying hush money to a an old sexual partner threatening disclosure couldn’t possibly be an election law violation. Oh, details, schmetails: the point is to get Trump; what does the law have to do with it? After all, Representative Al Green, who has entered an impeachment resolution twice already, now says his next try will be based on “bigotry.” Hey, most Democrats in the new House would probably vote for impeachment based on “covfefe.

Sure enough, when Cohen, trying to save his own neck, was bullied into pleading guilty to a non-crime, the media and social media hills were alive with the sounds of impeachment. The celebrants, however, are just wrong. Cohen’s plea shows a cowardly, disgraceful unethical lawyer; it shows that his lawyer, Lanny Davis, may be more interested in getting Trump than representing Cohen; it shows that the prosecutors in the case are unethical, and that the judge should not have accepted a plea to something that was not and cannot be a crime. It does not show that the President violated the federal election laws.

Attorney Bradley Smith, a former head of the FEC, explains why clearly, concisely, and decisively, here.

Of course, all the logic, facts and law in the world won’t put a dent in Stage 4 Trump hate. (To be fair, the news media and pundits aren’t helping them any by refusing to cover the issues and law straight.) But at least you will have given them a chance. It is Christmas time, after all.