Open Forum!

 

Flush with the news that 60% of male managers now say they are uncomfortable mentoring, working one-on-one or socializing with a woman, I am teaching a workplace harassment seminar this morning for the staff of a local association.

60% represents  a 33% increase from last year. There’s more bad news:  Senior-level men also say they are 12 times more likely to be hesitant about one-on-one meetings with a junior woman than they are a junior man, nine times more likely to be hesitant to travel with a junior woman for work than a junior man, and six times more likely to be hesitant to have a work dinner with a junior woman than a junior man.

Thanks, #MeToo!

But I digress. You can write about that, or any other ethics issue. Be civil and brilliant.

As Arnold says, “I’ll be back.”

Ethics Dunce: Pete Buttigieg

The competition for the worst Democratic Presidential nominee hopeful just got a bit more interesting when one of the media darlings among the 24 (24!) hopefuls made an Ethics Dunce of himself (in an interview with Hugh Hewitt) in a manner that is disqualifying for the Presidency by Ethics Alarms standards. Here’s the relevant section:

HH: … A very blunt question, because you talk about going to every Jefferson-Jackson dinner in Indiana when you were running statewide. Should Jefferson-Jackson dinners be renamed everywhere because both were holders of slaves?

Buttigieg: Yeah, we’re doing that in Indiana. I think it’s the right thing to do. You know, over time, you develop and evolve on the things you choose to honor. And I think we know enough, especially Jackson, you know, you just look at what basically amounts to genocide that happened here. Jefferson’s more problematic. You know, there’s a lot to, of course, admire in his thinking and his philosophy. Then again, as you plunge into his writings, especially the notes on the state of Virginia, you know that he knew that slavery was wrong…. And yet, he did it. Now we’re all morally conflicted human beings. And it’s not like we’re blotting him out of the history books, or deleting him from being the Found[ing] Fathers. But you know, naming something after somebody confers a certain amount of honor. And at a time, I mean, the real reason I think there’s a lot of pressure on this is the relationship between the past and the present, that we’re finding in a million different ways that racism isn’t some curiosity out of the past that we’re embarrassed about but moved on from. It’s alive, it’s well, it’s hurting people. And it’s one of the main reasons to be in politics today is to try to change or reverse the harms that went along with that. Then, we’d better look for ways to live out and honor that principle, even in a symbolic thing.

Even before this fatuous statement, my Presidential history, common sense and current day political analysis led me to conclude that the South Bend mayor has no chance of being nominated, and if by some miracle of convention deadlock deal he was, no chance of being elected. He is 1) gay, 2) white, 3) male, 4) way too young, and 5) too much immersed  the Democratic Socialist camp. I don’t have to get to some of his other problems, like the fact that he is infuriatingly smug. However, the statement to Hewitt would disqualify him for me even if I were a Democrat, and should make all thinking and ethical Democrats—you know, the ones that aren’t nascent totalitarians, look elsewhere, though good luck with that. Continue reading →

This Is Sexual Harassment, And Until Hollywood, The Media, And the Public Realize It, The Harvey Weinsteins (And Joe Bidens) Will Roam The Workplace Like The Buffalo Once Roamed The Plains

Frasier now and then. Psst! Brendan! You can’t ambush actresses with kisses any more! At least not unless you’re running for President as a Democrat…it’s complicated. Give me a call.

This drives me crazy. I’m preparing a sexual harassment training seminar for an association, and this story just went into the introduction.

A nice cheery puff piece is up at E!On-line. about reminiscences by actress Leslie Mann (make that feminist, woke, #Me too-supporting actress Leslie Mann)   about the time she shot a movie with actor and one-time stud-muffin Brendan Frasier. A sample:

“Every morning before work we were in the hair and makeup trailer getting ready. And he would come in and kiss me on the lips,” she tells host Busy Philippswith an ear-to-ear grin. “Just like, ‘Good morning!’ And kiss. You know, like he’s European or something.”

Leslie got used to those morning smooches—earlier in the clip, the actor cheekily notes that since her character was supposed to fall for Brendan’s onscreen, she just went ahead and “fell in love with him in real life”—so it was pretty jarring for her when the kisses stopped suddenly one day.

Frasier didn’t ask permission for these spontaneous kisses, which #MeToo emphatically calls sexual assault in principle, just not when they like the assaulter. It is sexual assault, just like this is… Continue reading →

DC’s “Ethics Subway Train Wreck,” A Tragedy In Six Acts

…or, “A Streetcar Named Stupid”…

This is a Nation’s Capital, drama my friends…an ugly ethics mess, in

ACT I

Eating on a Metro train is a criminal violation in Washington, D.C., but the transit authority seems to think that enforcing laws is icky, or something, so Metro Transit Police Chief Ron Pavlik sent out an order on May 8, telling officers to “cease and desist from issuing criminal citations in the District of Columbia for fare evasion;  eating; drinking; spitting, and playing musical instruments without headphones until further advised.”

Telling officers not to enforce laws is per se incompetent and irresponsible. If you want to repeal the law, fine. An unenforced law, however, is an invitation to chaos. If the directive to ignore it is secret, then the public that sees scofflaws unimpeded assumes that law enforcement isn’t doing its job. If the public knows that the law won’t be enforced as a policy, then it will begin engaging in the conduct the law was made to prevent.

This is idiotic.

ACT II

Local author Natasha Tynes saw a Metro employee eating on a train,  and reported the woman to transit officials by tweeting a photo of the woman, in uniform, eating on the Red Line. She also tweeted that when she confronted the woman for breaking Metro rules, the woman replied, “Worry about yourself.” “When you’re on your morning commute & see @wmata employee in UNIFORM eating on the train,” Tynes tweeted. “I thought we were not allowed to eat on the train. This is unacceptable.”

She’s right. It’s unacceptable. Telling Metro officials that they should not ticket violators of the law does not mean that Metro employees are free to violate the law. This is a predictable result of Pavlik’s unethical order. Tynes, however, was engaging in responsible citizenship.

ACT III

In response to the tweet, the head of the MTA workers’ union stated that the employee had “done nothing wrong.”

This is ethics ignorance. There is a law against what the worker did, and the fact that violations (stupidly) weren’t being enforced doesn’t alter the wrongness of the conduct one iota. This is Ethics 101. Teach ethics in school!

Morons. Continue reading →

I Hereby Repudiate My Undergraduate Degree, As My Alma Mater Has Rendered It A Symbol Of Hypocrisy, Ignorance, And Liberal Fascism

No, I’m not kidding.

I probably should have done this much earlier, as when Harvard announced that it would defend its policy of discriminating against Asian-American college applicants in exactly the same fashion that it discriminated against Jews well into the 1960s. I would also have been justified in tearing up my alumni card when the College announced that it would punish students for belonging to single gender off-campus clubs, a decision that was their choice to make and that concerned the school not at all. An analogous policy would punish students for supporting Republican candidates, which I now realize may be Harvard’s next step.

When that off-campus club policy was announced (students are suing, and GOOD), I rationalized that this was a short-term problem resulting from a regrettable (and soon departing)  college President, feminist Drew Faust, who regarded enforcing progressive agenda items at metaphorical swordpoint as a greater priority than such minor matters as giving students the liberal education they were paying for. Now I see that it was the canary dying in the mineshaft. How I wish I had been giving a lot of money to Harvard (which needs money like Hawaii needs sunshine) so I could now stop.

This is the final straw:

Harvard’s Dean of the College, Rakesh Khurana, has announced that he is firing Winthrop House faculty dean, Ronald Sullivan, because he is defending Harvey Weinstein against his New York prosecution, and the Winthrop House students are upset about it, poor dears. (I wrote about this controversy here.)

Also upset is Dean Khurana, who, shockingly, joined a sit-in in protest of a Harvard lawyer doing exactly what ethical lawyers are supposed to do: give all citizens access to the best legal representation possible. To be clear about how serious this is, by firing Sullivan, Harvard is endorsing and engaging in liberal fascism and directly opposing core democratic values, and even more revolting for an alleged “prestige institution of higher learning”, this is really, really stupid.

Lawyers don’t endorse the acts, beliefs or opinions of the clients they represent. I’ll publish this for the umpteenth time, from the Massachusetts Bars’ ethics rules… Continue reading →

Saturday Morning Ethics Warm-Up, 5/11/2019: No Laughing Matters

You know, Saturdays  were a lot more fun when I watched cartoons in the morning …

1. More on the divisive Red Sox visit to the White House, as all the blacks and Hispanic-Americans—but one—boycotted the honor.  Kyle Smith at the National Review has some spot-on observations. Some samples:

Naturally the media blamed the target of this calculated mass protest. “Did Donald Trump honor the Red Sox or the ‘White’ Sox?” asks columnist Edward Montini in the Arizona Republic, adding, “Trying to pretend that President Donald Trump has not caused a widening racial and ethnic divide means not believing what you can hear with your own ears and see — clearly — with your own eyes.” MSNBC guest and former Joe Biden chief of staff Ron Klain said, “I bet [Trump] was happy today that he was able to say that the white players were here and players of color weren’t. That’s the kind of division he fosters deliberately.”

Isn’t Klein’s statement obviously the blathering of an asshole? How far gone do you have to be to buy that? More from Kyle…

[L] et’s call this what it is: Top athletes, especially top athletes of color, are insulting the President of the United States. They have every right to do this, but let’s at least get the direction of the animosity right. Trump doesn’t invite just white athletes to the White House. The racial resentment in these ceremonies is being flung at him, not by him. The athletes, not the president, are racializing these ceremonies….These feel-good photo-ops for jocks are nonpartisan. Everyone used to understand this. Participating in a White House ceremony does not constitute an endorsement of a president, much less agreement with all of his policies. Before the Trump era, only a handful of athletes had ever been conspicuous no-shows at White House events to honor them, and most of them hastened to clarify that they had non-political reasons for missing the events. These days everything must be scrutinized for political content. Dave Zirin of The Nation is assailing Tiger Woods for accepting a Presidential Medal of Freedom from Trump, saying it amounted to “to kiss[ing] Trump’s ring.

Read it all, but really: who’s being an asshole here? It isn’t Trump.

2. Let’s give credit to conservative pundit Ben Shapiro for openly admitting that he behaved like jerk, but he really did behave like a jerk. Shapiro was a guest on  the BBC to discuss his new book, New York Times best-seller “The Right Side of History: How Reason and Moral Purpose Made the West Great,.” Apparently he was expecting the kind of soft-ball, pandering interview from host Andrew Neil that he criticizes U.S. journalists for serving up to progressives and Democrats. Uh, no.

After greeting one another (the interview was conducted from London via satellite) Neil asked Shapiro whether he believed Georgia’s new abortion law was a return to the “dark ages.”

Rather than answering the question, Shapiro attacked the  questioner, saying, “OK, a couple of things. Are you [an] objective journalist or an opinion journalist?”

Neil’s response: “I’m a journalist who asks questions.” Continue reading →

I Figured It Out: The Congressional Democrats Are Imitating Saddam Hussein [PART II]

[Continued from PART I, here]

As with Saddam’s disastrous bluff, the “we have enough for impeachment but we’re not going to impeach just yet” dance involves some reckless brinkmanship and depends on corrupt and under the table alliances, with the mainstream media replacing the U.N and its complicit members. So far the media has neglected to educate the public regarding how desperate and absurd the current subpoena tactic is, with its close similarity to the Radical Republicans’ attempt to get rid of President Andrew Johnson by demanding that he obey an illegal law, the Tenure of Office Act. (“Andrew Johnson? Who’s that? You must mean Lyndon Johnson, right? No?”)

As Johnson did, President Trump has a Constitutional obligation to protect the Separation of Powers from a House majority intent on abusing its oversight powers. The House Democrats are simultaneously claiming that they have enough WMDs—lets’ call them WTDs, Weapons of Trump’ Destruction—to take down the President, while they continue to search desperately for what they are lying about having. Thus they are demanding that they see the unredacted Mueller report, which would be illegal, getting Trump’s tax documents, which would be a dangerous abuse of privacy and the oversight function, and forcing the former White House Counsel to reveal privileged information, which he cannot legally or ethically do. The idea appears to be to let these orchestrated controversies distract the public and continue into the 2020 campaign, with the Democrats running on a “he should be impeached, but it’s easier just to beat him” theme.

The only question is whether the news media will be any more successful saving the Democrats from their dishonest and dangerous bluff than the U.N.’s crooks were protecting Saddam. I doubt it. The U.N. had and even now has more credibility than  the self-flaying news media, and for good reason.

Last week, for example, two New York Times columnists made foolishly weak arguments that Trump had committed impeachable offenses. For clinically Trump-deranged Charles Blow, for whom every column is a barely restrained primal scream against Trump’s existence, the imagined offense is criticizing the press for being exactly as corrupt, biased and untrustworthy as Blow proves it is every week. His own dishonesty is what distinguishes the column; for example, he writes that a poll (Blow loves cherry-picking polls, a flaw he shares with Trump) found that 49% to 36%, Republicans agree that the news media is “the enemy of the people,” but all other groups say that the media “is an important part of democracy.” Continue reading →

I Figured It Out: The Congressional Democrats Are Imitating Saddam Hussein [PART I]

I was just lying awake with a dismal headache, as  “Iolanthe’s” Lord Chancellor memorably sung, when it suddenly came to me, like a bolt from Olympus.  I realized what it was that the unethical impeachment-rattling strategy of Nancy Pelosi and the Democrats reminded me of. It’s the same trick Saddam Hussein attempted regarding his elusive “Weapons of Mass Destruction” charade.

If you recall, Hussein tried to pull off a dangerous bluff. Having removed, shipped away to allies, or destroyed all of his WMDs to avoid the Gulf War against him resuming (it was only a cease fire, remember, with conditions that were supposed to be enforced by U.N. members), he flamboyantly behaved as if he still had them. The despot refused to allow the full inspections that the cease fire deal required, and also interfered with air surveillance. These were flagrant violations of the cease fire, but Saddam was certain that he could forestall any military action because the U.N. leadership, and notably Russia and France as well, were profiting from bribes and under-the-table deals to help Hussein get around U.N. sanctions, enriching both him and them while the Iraqi people suffered. His corrupt pals assured him that they were capable of keeping the United States at bay.

Why was Hussein playing this dangerous game? As he explained to his captors after his government was overthrown, he was bluffing to keep Iran from attacking, which he was certain it would do if they knew he had disarmed.

Now, you well might ask why anyone would admire a plan that not only got hundreds of thousands of people killed and wasted billions of dollars, but that also ended up with the planner being captured in a “spider hole” and ultimately executed.  Remember, we’re not talking about entirely rational people here. We’re talking about “the resistance,” and those a party that is hostage to it. The circumstances of the Democrats’ lack of metaphorical WMDs are different in their details: the “resistance” had convinced themselves  that they would get damning evidence from the Mueller Investigation (Trump is a bad guy, so he must be guilty of something), but it provided nothing useful. The Democratic leadership is now trapped in a dangerous game that they think requires them to pander to and mollify a fanatic, anti-American, anti-democracy, furiously anti-Trump base, that is, as that description might suggest, irrational and destructive. Continue reading →

And “The Resistance” Jumps The Shark! Pelosi Announces Mind-Bending Impeachment Plan P, and The Washington Post Launches Plan Q

This is all so embarrassing—as an American and an advocate of Constitutional government, I’M embarrassed, and those perpetrating this fiasco have more to be embarrassed about than I do by far— and ridiculous that I am at a loss to describe it fairly. My head-exploding graphics don’t do it justice, and a mere train wreck photo is inadequate. I’m not even certain where to place the focus.

I was tempted to concentrate on the now not rationally disputable fact that if you can read Pelosi’s comments yesterday and consider Greg Sargent’s and Brian Klaas’s columns in the Washington Post and not think, “Holy Cow! These people have completely lost their minds!” you have passed, as the Phantom of the Opera was fond of saying, the point of no return, and your Trump hate and derangement have digested your brain.

This is so, so obvious now, but that’s not an ethics framing, and I’m looking for that. I was thinking about designating the entire Democratic Congress as “Incompetent Elected Officials Of The Month,” but that doesn’t quite encompass the enormity of what we are  witnessing. Similarly, calling the Post’s self-evident decision to put bringing down Trump over all professional standards as well as law, justice and common sense is minimized by calling it mere “mainsteam media bias,” as the Ethics Alarms tag would have it. This is more than that. This is a public display of insanity by those incapable of realizing what craziness is any more.

Did Donald Trump really drive them to this? “Mr. [Trump], are you that smart?”

Let’s start with Speaker Nancy Pelosi, who said

“Don’t tell anybody I told you this: Trump is goading us to impeach him. That’s what he’s doing. Every single day, he’s just like, taunting and taunting and taunting…We can’t impeach him for political reasons, and we can’t not impeach him for political reasons.We have to see where the facts take us.”

I could have made this gallactically unethical statement an”Unethical Quote of The Month,” but again, that would trivialize its significance. Of course, the statement  begins with a “Comnnie Chung,” an intentionally contradictory “don’t tell anyone I told you this”–what is that? A joke? A signal that Pelosi doesn’t take her own party’s impeachment mania seriously? I have no idea.

I do know, however, that the statement that the President is goading and taunting Democrats into impeaching him is as close as we will ever get to an outright admission that the President’s “high crimes and misdemeanors” consist of his being himself, daring to win the office, and existing on the planet. I’ve checked the POTUS twitter feed: he’s not talking about impeachment “every day” or saying anything that could rationally be interpreted as aimed at trying to goad Congress into taking that step. “The resistance”  regards the President’s existence as enough to justify impeachment. This is Pelosi’s Impeachment Plan P, a Mobius strip, alternate universe theory that says, “We have to impeach him because he’s daring us to and if we don’t, we let him win, but we can’t, but then he’ll win!” [You can find and review Plans A-O here.]

Who in their right mind says things like this in public? It’s like saying “I am  Monga, Empress of the Eels!” You only say it if you are confident your audience thinks you ARE  Monga, or you risk a visit by the men in white coats.

Yet Pelosi’s statement gets worse. “We have to see where the facts take us”—what “facts?” An excessive, disruptive, falsely-reported and dubiously executed investigation provided the facts, and because they do not support impeachment,  the Democrats want to look for more “facts,” they don’t know what, but they are sure they’ll justify impeachment. “Fariness, justice and competence” left the Democrats’ building long ago.

I’m now giving a spoiler on a post I’m working on about impeachment ethics, but this is not how impeachment works, was intended to work, or can work.

What the Constitution says and the Founders intended is that when a President, in office, commits “high crimes and misdemeanors” (“high” refers to crimes relating to the President’s high office, and also modifies “misdemeanors,” meaning that some acts by the President, because of his office and power, may be impeachable even if they are not technically crimes. They are misdemeanors in the general sense, not the legal sense: literally bad acts.), then it may be necessary to remove him from office because those acts make him inherently untrustworthy.

What the Democrats and “the resistance” have been trying to do since the 2016 election is the Bizarro World version of impeachment. Deciding immediately in the wake of their candidate’s defeat (based on no new information that the public didn’t have when it duly elected Trump) that the new President is untrustworthy and dangerous, they have been looking for something that could be used to impeach him. This was essentially what the post-Civil War Radical Republicans tried to do to President Andrew Johnson, and their near-miss failure has been interpreted by many historians (as well as “Profiles in Courage”) as saving the office of the Presidency and maybe the nation itself.

Pelosi’s statement has been mocked in various forums as “we have to pass a bill of impeachment to see what’s in it.”

Bingo.

Now let’s look at the Post’s pundits. Believe it or not, Greg Sargent makes this argument: The Democrats want to get Trump’s tax returns so they can look for something that might justify impeachment, but Trump might prevail in the courts and keep them private, because the courts could hold that Congress was “just rummaging through Trump’s returns to embarrass him and not for a legitimate legislative purpose.” That’s because this is exactly what Congress wants to do.  (I think that the courts rejecting the House’s subpoena is more than possible; it’s virtually certain.)

Democrats dare not take the chance that a court would reject its demand for Trump’s tax documents, because that loss would make Democrats look bad right before the 2020 elections. Ah, but if the Democrats start proceedings to impeach Trump first and then demand the tax returns as part of the inquiry, then they have a “legitimate purpose” to seek the returns!”

There it is: Impeachment Plan Q! Impeach Trump to get his taxes, and then use those taxes to impeach him! Brilliant!

Sargent says, in full derangement mode,

“Not getting Trump’s returns would allow him to get away with one of his most blatant acts of contempt for transparency, for the separation of powers and for the notion that basic accountability should apply to him at all.”

What? When did not providing the public with tax returns become an impeachable offense, since every President before Nixon did exactly that? Accountability for what? The IRS under multiple administrations examined Trump’s returns, and did not find any crimes. Sargent is just giving us “resistance” blather. Ann Althouse calls it “histrionic,” also a good word, and nicer than “nuts.” She writes,

“If the courts took the position Sargent is afraid of, it would be because the court was enforcing separation of powers, limiting Congress to the legislative role and protecting the Executive power from encroachment. Trump isn’t showing “contempt” for separation of powers. He’s taking a position on separation of powers. That position would either win or lose in court, and the court would give the final answer on the meaning of separation of powers.”

Greg Sargent is the model of rationality, however, compared to colleague Brian Klaas, who issues one false theory after another:

“So here’s a question for congressional leaders: Precisely how many crimes does someone have to commit before impeachment hearings are warranted? Does the person in question get a pass if it’s three or fewer? Was there some clause in the Constitution that I missed that says it’s okay for the president to direct a criminal conspiracy in certain circumstances? Is there a Federalist Paper that says the president can commit tax fraud so long as it was years ago, or that obstruction of justice is fair game so long as it happens on Twitter? To oppose impeachment hearings now, you have to believe that the president allegedly engaging in three separate categories of criminal acts isn’t serious enough to even consider impeachment. Really?”

How did a Post editor let this get published? There was no “conspiracy”; the Mueller report was unambiguous on that accusation. The “resistance’s” response is denial at this point, and to keep repeating Big Lies.

Where’s the “tax fraud”? The IRS’s job is to find tax fraud, and didn’t. Trump doesn’t fill out his own returns, and they were presumably examined with unusual care by the agency charged with that responsibility. How dare this hack state as fact that Trump engaged in tax fraud? Oh, he just “knows.” How many times have I heard that justification for impeachment?

And the obstruction claim…there’s no precedent in law or history for punishing opinions, tweeted or otherwise, as “obstruction of justice.” The Justice Department reviewed the evidence and determined that the obstruction theory was weak, ergo no obstruction of justice. Nor was there any underlying crime to try to cover-up by obstruction, and the investigation was not, in fact, obstructed in any way.

It is true that “the resistance” has become completely unhinged gradually, and it may be difficult to see the exact moment of complete detachment from reality, since the movement was hardly rational to begin with. Nonetheless,  that moment has definitely arrived

ARGHHH! Worlds Are Colliding! Baseball Jack Is Being Consumed By Ethics Jack! The Boston Red Sox Board The 2016 Post Election Ethics Train Wreck!!!!

Oh, great.

One of the odious ways “the resistance” and Democrats have “violated democratic norms” in order to destroy the Trump Presidency is to rob this President of his traditional ceremonial role in national life, the so called “king” function, which exists to unify the nation. The king function comes from the acknowledgment that the President is the head of state and holds the people’s office as the only official (along with the VP) elected by every citizen. Beginning with their substantial boycott of his inauguration and continuing, indeed accelerating, with such insults as encouraging boycotts by recipients of the Kennedy Center Honors if the President participated and the White House Correspondents Dinner’s elimination–just for Trump, of course, of its tradition of a holding a good-natured  one-night truce with whomever was President, this is a deliberate assault on national unity and the office itself.

The politicizing of the once routine and uncontroversial tradition of the President hosting a visit to the People’s House by championship professional and college athletic teams has been a particularly divisive part of the deligitimization strategy, putting teams and athletes into the position of rendering judgments on matters they are generally unqualified to consider, and encouraging grandstanding and virtue-signaling. With no previous President has accepting this honor been  confused with endorsing the President’s character or policies. Women’s teams continued to accept invitations to be honored by Bill Clinton, for example, and if there were any critics of their decision, they had small megaphones and few adherents.

With this President, every invitation has become politically charged, and presented an opportunity for teams and athletes to insult the President of the United States. This irresponsible smear of the President and weakening of his office was neatly seeded by one of the many Big Lies weaponized, Goebbels-style, in pursuit of this President’s overthrow and destruction: “Donald Trump is a racist.” This one (there are others, and I hope to finish my survey of the lot today) has endured by being repeated so often, and by so many, usually without any supporting evidence because there is no evidence. Continue reading →