Ethics Train Wrecks

20 Ethics Observations On The President’s Charge That Obama Tapped His Phones

/ Jack Marshall / 49 Comments

In the first week of March, in the midst of the over-blown flap regarding Attorney General Jeff Sessions’ two meetings with the Russian ambassador, President Trump issued arguably his most explosive  tweet yet:

“How low has President Obama gone to tapp my phones during the very sacred election process. This is Nixon/Watergate. Bad (or sick) guy!.

Later, he  tweeted,

“I’d bet a good lawyer could make a great case out of the fact that President Obama was tapping my phones in October, just prior to Election!”

It has been more than a week, and we know only a little more about what prompted this extraordinary accusation than we did then. However, there are some relevant ethics point to be made. Here we go…

1.  It is irresponsible and unpresidential to issue tweets like this. It is also unfair. If the Trump administration wants to make a formal complaint, charge or indictment, or announce an investigation, it should be made through proper channels, not social media. That stipulated, he will not stop doing this, and at some point we will have to accept it. Is this how Presidents communicate? It is now.

2. Thus the tweet is unethical even if it is true. However, the fact that it is unethical, or that Trump the Liar sent it, doesn’t mean it is untrue. An astounding number of pundits and journalists have made exactly that assumption, proving their bias against the President and their knee-jerk defensiveness regarding former President Obama.

3. The tweet cannot be called a “lie,” and anyone who does call it a lie based on what is known is revealing their confirmation bias.

4. One more point about the tweet itself: the fact that it has a typo and the level of articulation of the average 9th grader is itself an ethics breach. The President should not sanctify carelessness, or seem to embrace it. He is a role model.  Nor should a significant charge be written in haste, as this obviously was.

5. There seems to be a significant possibility that the President was trolling. Having had enough of the months long, absolutely evidence-free news media and Democrat innuendos that his campaign was coordinating election tampering with the Russians, he may have decided to make a sensational, unsubstantiated charge of his own to get the Russian hacking speculation off the front pages. If it was trolling, it was excellent trolling. The McCarthyism purveyors  deserved it; the accusation was a deft tit-for-tat,  one of the President’s favorite rationalizations.

6. As an example of what Trump has been and is being subjected to, we have Rep. Keith Ellison, vice-chair of the DNC.  He told Alisyn Camerota on CNN’s “New Day last week,”

“This is stunning when you think about it. Far worse than Watergate, when you believe a hostile foreign power engaged in an attempt, and with the collusion of the sitting administration to manipulate an election.”

By sheerest moral luck, Camerota that day was feeling ethical, so she actually corrected a Trump-basher from her own party, said, “Well you don’t know that,” and pointed out that there is no evidence of collusion.

“I’m not saying there was collusion, I’m saying those meetings indicate that there could be, and I think that needs to be investigated,” Ellison then said, immediately after saying there was collusion.

These are awful, vicious, conscience- free people who subcribe to total political war and the ends justify the means. They are trying to bring down an elected government without winning an election. Even that does not justify treating them unethically, BUT… Continue reading →

The President’s Most Unethical Appointment

/ Jack Marshall / 17 Comments

Now that we know the whole story, it’s Michael Flynn, the erstwhile National Security Advisor, hands down. That’s amazing, when one considers some of the other appointments, like the spectacularly unqualified Ben Carson, Rick Perry, appointed to lead an agency he has previously said should be eliminated (and couldn’t remember its name); and the embarrassingly unethical Tom Price, the HHS head.

Earlier this week, Flynn, who was forced to resign February 13, for lying to Vice-President Pence, filed  with the Justice Department revealing that he had done work from August to November “that could be construed to have principally benefited the Republic of Turkey.”  That work had netted Flynn’s firm more than a half-million dollars, and made Flynn legally obligated to register as a foreign agent.

On Election Day, Flynn’s op-ed was published  on The Hill  praising Turkish President Erdogan as an ally against ISIS. On November  18,  Representative Elijah Cummings, the ranking Democrat on the House Oversight Committee, wrote a letter to  Pence inquiring about Flynn’s ties to the Turkish government. When the White House  confirmed that the Trump transition team knew before Inauguration Day that Flynn might be required to register as a foreign agent. it was stating the undeniable.

How  could  someone like General Flynn ever be appointed national security adviser? White House spokesman Sean Spicer (speaking of bad hires) has made the silly excuse that Flynn’s status as a registered foreign agent didn’t mean he had a disqualifying conflict of interest. A  top national-security aide who was under contract to lobby for a foreign government deeply involved with U.S. Middle East policy? Outrageous! Outrageous, and guaranteed to spark a scandal as soon as this became public.  Not only was this a bad appointment, an incompetent appointment, an irresponsible, reckless and dangerous appointment, it was a really stupid appointment. Continue reading →

Catching Up On “Instersectionality,” And Finally Paying Attention

/ Jack Marshall / 175 Comments

There are more than 22,000 tags used here, even if you eliminate the duplicates due to my typo problem, and still  “intersectionality” is not among them. I have seen the term, mostly recently, but only in contexts that led me to dismiss it as leftist, scholarly jargon, the kind of word radicals throw around to confuse their opposition and make people think they are intellectual when they are really arguing nonsense. I wasn’t wrong: it is one of those words. Still, it is a useful one, because it helps explain several phenomena of great importance, which can be collectively described as the increasing totalitarian tilt of the political left, especially since the election of Donald Trump. I should have realized the importance of the word long  ago and investigated: I apologize. Bias makes me  stupid too.

Over at New York magazine, Andrew Sullivan had one of his lucid moments—when he can bypass his anger at anti-gay attitudes (the bias that makes HIM stupid), Sullivan can be brilliant—, and delivered a perceptive essay about “intersectionality,” beginning with the recent disgrace on the Middlebury College campus, where a student protest designed to prevent sociologist Charles Murray from speaking turned into a violent riot, injuring a professor. Do read all of Sullivan’s article, but here are some key passages:

[W]hat grabbed me was the deeply disturbing 40-minute video of the event, posted on YouTube. It brings the incident to life in a way words cannot. At around the 19-minute mark, the students explained why they shut down the talk, and it helped clarify for me what exactly the meaning of “intersectionality” is.

“Intersectionality” is the latest academic craze sweeping the American academy. On the surface, it’s a recent neo-Marxist theory that argues that social oppression does not simply apply to single categories of identity — such as race, gender, sexual orientation, class, etc. — but to all of them in an interlocking system of hierarchy and power. At least, that’s my best attempt to define it briefly. But watching that video helps show how an otherwise challenging social theory can often operate in practice.

It is operating, in Orwell’s words, as a “smelly little orthodoxy,” and it manifests itself, it seems to me, almost as a religion. It posits a classic orthodoxy through which all of human experience is explained — and through which all speech must be filtered. Its version of original sin is the power of some identity groups over others. To overcome this sin, you need first to confess, i.e., “check your privilege,” and subsequently live your life and order your thoughts in a way that keeps this sin at bay. The sin goes so deep into your psyche, especially if you are white or male or straight, that a profound conversion is required….

Like the Puritanism once familiar in New England, intersectionality controls language and the very terms of discourse. It enforces manners. It has an idea of virtue — and is obsessed with upholding it. The saints are the most oppressed who nonetheless resist. The sinners are categorized in various ascending categories of demographic damnation, like something out of Dante. The only thing this religion lacks, of course, is salvation. Life is simply an interlocking drama of oppression and power and resistance, ending only in death. It’s Marx without the final total liberation.

It operates as a religion in one other critical dimension: If you happen to see the world in a different way, if you’re a liberal or libertarian or even, gasp, a conservative, if you believe that a university is a place where any idea, however loathsome, can be debated and refuted, you are not just wrong, you are immoral. If you think that arguments and ideas can have a life independent of “white supremacy,” you are complicit in evil. And you are not just complicit, your heresy is a direct threat to others, and therefore needs to be extinguished. You can’t reason with heresy. You have to ban it. It will contaminate others’ souls, and wound them irreparably….Murray’s old work on IQ demonstrates no meaningful difference between men and women, and Murray has long supported marriage equality. He passionately opposes eugenics. He’s a libertarian. But none of that matters. Intersectionality, remember? If you’re deemed a sinner on one count, you are a sinner on them all. If you think that race may be both a social construction and related to genetics, your claim to science is just another form of oppression. It is indeed hate speech….This matters, it seems to me, because reason and empirical debate are essential to the functioning of a liberal democracy. We need a common discourse to deliberate. We need facts independent of anyone’s ideology or political side, if we are to survive as a free and democratic society. Trump has surely shown us this. And if a university cannot allow these facts and arguments to be freely engaged, then nowhere is safe. Universities are the sanctuary cities of reason. If reason must be subordinate to ideology even there, our experiment in self-government is over.

This outburst was apparently too much for Andrew, his old libertarian/conservative persona emerging full-force after a long hiatus, so his piece suddenly shifts into a standard issue anti-Trump rant. It’s fascinating to see, because Andrew apparently hates the President so much that he can’t perceive that the same antipathy created by “intersectionality” that he rebuts regarding Murray (after all, Sullivan is friends with Murray), applies to the President (whom he detests) as well. The proof is how Trump’s misogyny and opposition to illegal immigration has led the Left to presume that he is racist, classist and homophobic as well. He’s not. But, to quote Sullivan against himself, “But none of that matters. Intersectionality, remember? If you’re deemed a sinner on one count, you are a sinner on them all.”

Thus Sullivan pivots to blaming all of the social and political tilt he correctly deems as dangerous on Donald Trump, and in doing so, he becomes the partisan hack he so often appears to be: Continue reading →

Now THIS Is As Close To Genuinely Frivolous Lawsuit As You Are Likely To See…And Naturally, It Is An Attack On The President

/ Jack Marshall / 5 Comments

Publicity stunt? Whatever would make you think this lawsuit is a publicity stunt???

As we have discussed here before, though we often complain of frivolous lawsuits,  even the worst law suits seldom meet the technical standard of what is “frivolous.”

The D.C. bar’s ethics rules state that…

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good-faith argument for an extension, modification, or reversal of existing law.

This provides what I sometimes call “stupid lawyer” protection, on the theory that a stupid lawyer may have a sincere belief that an absurd action has a chance of prevailing, thus avoiding the rule’s rock bottom standard for “frivolous.” The recently filed lawsuit in Washington, D.C. against President Trump and the local Trump hotel, however, may be that rarest of legal birds, the truly frivolous lawsuit.

The married couple that owns  the Cork Wine Bar in Washington claim that the Trump International Hotel and the  restaurants similarly located in the Old Post Office building have an illegal advantage over other nearby establishments, like theirs, because of the association with the President.  Essentially the law suit claims that it’s all so unfair.

In addition to the res ipsa loquitur factor, which is to say that the lawsuit screams abuse of process to harass the President, we also have these suspicious factors: Continue reading →

Ethics Train Wreck Update: Now The Dictionary People Have Boarded The Post-2016 Election Freakout

/ Jack Marshall / 26 Comments

It’s really depressing. I did not expect to see so many professions and professionals debase themselves and their ethical principles because they couldn’t deal with the results of a presidential election. . Historians. Judges. Scientists. Professors. College presidents and administrators. Performing artists. Intelligence community professionals. Judges. Journ–well, no, that one wasn’t a surprise.

My own profession, legal ethicists, booked a seat on the ethics train wreck, a development that was profoundly disappointing. Wrote one member of the profession who has remained clear -eyed while keeping his integrity, Steve Lubet in Slate,  “As a liberal Democrat, I have no sympathy for Conway’s habitual disregard for truth. As a professor of legal ethics, however, I think this complaint is dangerously misguided and has the potential to set a terrible precedent…The professors no doubt have faith in the professionalism of the District of Columbia Office of Disciplinary Counsel, but the bar authorities in other states may not always be reliably even-handed or apolitical. It is hardly inconceivable that lawyer discipline might somewhere be used as a weapon against disfavored or minority candidates, or as a means to squelch protest movements and insurgent campaigns. In the 1940s and 1950s, suspected Communists and alleged “fellow travelers” found their law licenses in jeopardy in many states. In the 1960s and 1970s, civil rights lawyers were hauled before the bar authorities in the South. The complaint against Conway is an unfortunate step back in the direction of using lawyer discipline against political enemies….”

Bingo.

Now “America’s dictionary,” Merriam-Webster, has decided that it is within its mission and purview to attack and mock the President of the United States..

Almost immediately after his election, the dictionary’s editors began trolling Trump and his administration, defined, by Merriam-Webster, as “to antagonize (others) online by deliberately posting inflammatory, irrelevant or offensive comments or other disruptive content.”

The website Acculturated has observed that on social media and its website Merriam-Webster has ridiculed the President  “for his every spelling mistake, grammatical error, and verbal gaffe. In honor of the election, they changed their header photo to a picture of a German word defined as the “collapse of a society or regime marked by catastrophic violence and disorder.” Then they highlighted what they claimed was the word most frequently looked-up, “fascism.” On Inauguration Day, they tweeted “Welp,” a word that conveys dismay or disappointment. The company also derided Betsy DeVos, Sean Spicer, Steve Bannon, and, of course, Kellyanne Conway.

This, needless to say, is not their job, their mission, or responsible professional conduct. It is, as it is for the other derailed professionals, smug virtue signalling and tribalism. Acculturated again:

[T]he dictionary’s editors are clearly partisan. They didn’t harass Hillary Clinton, and they don’t needle sports stars, celebrities, or, well . . . anyone else like they needle the President and his people.Theoretically, even that could be okay—a good, playful, occasional joke from the dictionary could have the whole country laughing. But if you mock one person too often, you start to reveal a pattern. If that pattern persists, the fun and games lose their light-hearted feel, and begin to betray bias instead.

Ya think???

Continue reading →

Gee, Would It Really Have Been So Hard For Democrats And The News Media To Just To Admit That Rep. Richmond’s ‘The President’s Female Counselor Looks Like She’s Used To Giving Blow-jobs’ Joke Was Wrong, Period? Apparently So. Wow.

/ Jack Marshall / 49 Comments

Great apology there, Cedric. Ugh.

Why do I think this story is a big deal? I think it’s a big deal because it exposes–

…the white-hot hatred of Republicans by so much of the Left, on the level we have seen with Sarah Palin being attacked for running for office while being a mother, and Martin Bashir on MSNBC wishing that someone would defecate in her mouth, to the extent that they are literally willing to abandon and reject their own alleged core principles…

…calling into question whether they even are core principles, rather than calculated pandering to receptive groups, and thus..

…raising the specter of epic hypocrisy, which is a lack of integrity and honesty.

Then there is this: I have a brilliant younger sister. She is a lawyer, a litigator, a singer, and actress, the hardest working person I know, and someone who has always been able to match or surpass me in every field. Yet I have watched as her achievements have occurred in the teeth of a stiff wind of sexist bias, often making her unhappy, angry, resentful and stressed when she deserved so much better. Growing up with her, it never occurred to me that this kind of prejudice existed until I was the captain of the high school chess team, and saw how the other teams’ players—all male: our team had the only female players (3) in the Greater Boston chess league— were openly contemptuous that a “girl” would presume to challenge them. It was great: my sister slaughtered them. She is a merciless chess player, a killer, and didn’t merely beat her male opponents but humiliated them. She had the best record on the team. Yes, gender bias is personal with me. I hate it.

To briefly recap: Cedric Richmond, an African American  Democratic Congressman, leeringly implied, as a speaker at an event, that KellyAnne Conway’s posture in a photo taken in the Oval Office, “really looked kind of familiar in that position there. Don’t answer — and I don’t want you to refer back to the 1990s.” It was a reference to fellatio, and the old, old slur against successful women that they “suck their way to the top.” This was obvious and blatant, and yet when conservatives and Republicans–and only conservatives and Republicans—protested, Richmond, incredibly, denied that his comments had any offensive content or intent. He is a liar.

Then, in the wake of  stunning silence of any leader of the Democratic Party, major feminist, major news organizations and liberal pundits, CNN’s Jake Tapper pressed Rep. Richmond’s leader in the House, Nancy Pelosi, to condemn his remarks. She refused, and also lied. One prominent Democrat without portfolio or post, Chelsea Clinton, did condemn that “joke,” which hardly salvages the party’s integrity and honor. Her mother? Madeleine Albright? Elizabeth Warren? Donna Brazile? Michelle Obama? Senator Gillibrand? Maureen Dowd? Rachel Maddow? Anyone? Hello? Bueller?

Crickets. Yet it was undeniable, as one pundit noted, that a Republican who made such a comment about Valerie Jarret would have been “run out of town.” Wrote The Federalist’s Bethany Mandel yesterday,

This “on her knees” comment from a sitting Democratic lawmaker was largely ignored by the liberal media and those who consume it. This comment is just one of many recent incidents of sexism aimed in Conway’s direction, justified because she’s a traitor to her gender, as many feminists have claimed; a female Uncle Tom. Instead of being applauded for her groundbreaking work as a campaign manager on the biggest upset political campaign in American history, Conway is fodder for attacks on her looks and sexuality, often at the hands of individuals who claim to be feminists.Our president may have a history of misogyny, but it’s becoming increasingly clear many of those in the resistance against him are merely fair-weather feminists: happy to wage or at best ignore attacks on women based on their sex because they think it’s fair to attack the president at any cost.

Bingo.

Now comes the next chapter, as those who have exposed their deep hate and corrupting hypocrisy try to worm their way back into the public trust. Continue reading →

From The “‘Dear Colleague’ Letter Aftermath” Files: Amherst’s War On Men

/ Jack Marshall / 22 Comments

Once the Obama Education Department sent out its threatening “Dear Colleague” letter that strongly hinted at dire consequences for universities and colleges that did not tilt their sexual assault disciplinary procedures toward a less stringent standard of guilt, horror stories about male students unjustly presumed guilty of sexual assault or rape have been proliferating. This is the worst one I’ve ever seen.

In February of 2012, a male, Asian-American student (“John Doe”) and “Sandra Jones,” as she is referred to in court documents, went back to Jones’ dorm room after a night of hard drinking.  John blacked out, and couldn’t  recall anything about the evening, a claim Amherst deemed “credible” during his disciplinary hearing. At some point, Sandra performed oral sex on John. Nearly two years later, Sandra  accused John of sexually assaulting her.  In his lawsuit, John Doe alleged that his adviser couldn’t speak for him, that he could only write down questions for his accuser or witnesses ( no cross examination)  and that the hearing panel was made up of administrators trained in “social justice education.” You know: Men bad, women victims.

In the school’s hearing, Jones claimed she texted a friend to come over for help because she had been sexually assaulted. The school never bothered to obtain those text messages—after all, they followed the Hillary Clinton directive that “victims of sexual assault have the right to be believed.”  Here’s what she texted to her girl friend: Continue reading →

The Unmasking Continues: Kristof’s Unethical Tweet, And Pelosi’s Hypocrisy

/ Jack Marshall / 75 Comments

Let’s start with the tweet yesterday from Times columnist Nick Kristof:

kristoff-tweet

No, Nick, mustn’t do that. While a paper can print illegally procured documents that are leaked by others, it cannot encourage and call for illegal conduct. That’s conspiracy. Tax returns are private, and releasing them is a federal crime. With this tweet by its agent, The New York Times is soliciting a crime, and one against the President of the United States no less

By the time the Democrats, progressives and their confederates in the news media have completed their freakout, no one but fools and those in denial will have failed to recognize their exposure as frauds, whose posturing as supporters f proceess, democracy, fairness, decency and the rule of law was a cynical illusion since all they really believe in is “the ends justify the means.”

This is depressing and tragic, but it is also frightening. How thin the patina of principle is with these ideologues! Why would anyone trust them ever again?

Then there was Nancy Pelosi’s performance on CNN yesterday, disgracing herself and her party, as usual.

Asked by Jake Tapper to do what should have been easy for a proud feminist who had her female members grandstand at the President’s speech last week by wearing suffragette white: condemn the ugly remarks of Democratic Congressman Cedric Richmond, who implied that White Haous aide Kellyanne Conway was used to performing fellatio, Pelosi said,

“Well, I wasn’t at the dinner. I’m just finding out about this. But the fact is, I’m still in sort of a state of, what is going on here that the person who occupies the White House is a person who was on that Hollywood video that said the crude things he said about women.You all are criticizing Cedric for something he said in the course of the evening. And he maybe should be criticized for that. I just don’t know the particulars. But I do everyday marvel at the fact that somebody who said the gross and crude things that President Trump said — wouldn’t even be allowed in a frat house — and he’s in the White House.”

Ugh. Continue reading →

Comment of the Day: “Update On The Jeff Sessions-Russian Ambassador Fiasco: A Confederacy Of Ethics Dunces”

/ Jack Marshall / 17 Comments

1984, Washington State, USA --- A fierce bear growls and bares its teeth. | Location: Washington, USA. --- Image by © Michael T. Sedam/CORBIS

Glenn Logan undertook the herculean task of reading and critiquing one of the New Yorker’s endless partisan essays, this one by Ryan Lizza, who has foun himself in the Ethics Alarms bomb-sights before. It’s a masterful job by Glenn, and nicely dissects a persistent and contrived Democratic excuse for Hillary Clinton blowing the election, thus triggering one of the most amazing instances of self impeachment—by her party and supporters–in world political history.

Here is Glenn’s Comment of the Day on the post, “Update On The Jeff Sessions-Russian Ambassador Fiasco: A Confederacy Of Ethics Dunces”:

I read the article, which confirmed my suspicions of almost everything coming from The New Yorker and similar left-leaning news sources — that they accept the idea, as yet still both unproven and highly suspicious, that the Russians were working to get Trump elected.

This is exactly where bias always leads; once you have evidence of a conclusion you want to reach, you stop looking for other possible explanations.

There is no real information in this article worth knowing. It tells us Democratic senators are all wound up about possible Russian interference in the election, but we knew that. It mentions every Democrat’s favorite Republican — John McCain — and tries very hard to lead us to believe that all the Democrats’ worst fears about Russia and Trump are not just true, but being hidden, apparently by both the Obama and Trump administration, although for different reasons.

In other words, this article is a conspiracy theory. It offers nothing new, no penetrating analysis or new revelations. It describes, in very long and unnecessarily complex style meant to appeal to “intellectuals,” Putin and Russia as using a hacking strategy as a prong in geopolitical disinformation campaigns, and using Obama’s own feckless foreign policy to annex Crimea and generate a plebiscite so fast that American leadership’s heads were still spinning in the opposite direction.

But this is exactly what I would be doing in Russia’s place if I were a despot like Putin. They are opponents, and are trying to weaken our country just as we tried for years under Reagan to weaken them. If you want to shape the world, and Putin clearly does, you use information to shape perception so that when you do use force, it won’t be universally condemned. Continue reading →

Update On The Jeff Sessions-Russian Ambassador Fiasco: A Confederacy Of Ethics Dunces

/ Jack Marshall / 37 Comments

dunces2

Everyone—almost literally everyone— involved in the Jeff Sessions flap has beclowned themselves and revealed that a gerbil running around in a wheel is powering their ethics alarms.

These include such previously noted Ethics Dunces as..

  • Attorney General Jeff Sessions, who couldn’t or wouldn’t answer a simple question clearly….
  • Democrats, who continue to act like spoiled siblings trying anything to make mommie get mad at the one she likes best, embracing conspiracy theories, smearing former colleagues, and generally morphing into walking, talking rectums before America’s eyes, to appeal to their deplorable hard core base made up of people who completed that mutation long ago…
  • Senator Chuck Schumer, displaying a partisan double standard so blindingly, throbbingly obvious than anyone can identify it….
  • Senator Claire McCaskill, engaging in perhaps the best timed hypocrisy and inexplicable amnesia of all time….
  • Deranged Trump-haters, determined to expose their legal ignorance to the world, who proclaimed Sessions guilty of perjury, when he obviously was not…
  • Every reporter, editor and news source who rushed into the trap of declaring that having contact with the Russian ambassador justifies  being “linked’ to Russia, when any dolt should have known that by that formula, anyone in Washington could be “linked” to Russia or be accused of having “Russian ties.”

But wait!

There’s more!

Now we have… Continue reading →