Etiquette and manners

Friday Night Ethics Lights, 10/25/2019: Signs Of The Coming Apocalypse?

/ Jack Marshall / 17 Comments

Good Evening!

1. More evidence of ethics rot and educational malpractice at Harvard. The Harvard Crimson covered an “Abolish ICE” protest on its campus last month. The fact that the supposedly most prestigious college in the nation would have something as idiotic as an anti-ICE protest attended by more than a few unfortunates with closed head injuries is troubling enough, but behold:   student activists attacked  the daily student-run paper  for “cultural insensitivity” and of “blatantly endangering undocumented students on campus.” because it contacted the immigration enforcement agency for comment after the protest had ended.

The Horror.

Now hundreds of America’s alleged best and brightest have signed a petition demanding that the newspaper operate as if ICE didn’t exist.

 Crimson editors Angela N. Fu and Kristine E. Guillaume defended its practices  in the paper this week, protesting that asking for comment is a standard journalism device, arguing in part, “We seek to follow a commonly accepted set of journalistic standards, similar to those followed by professional news organizations big and small. Foremost among those standards is the belief that every party named in a story has a right to comment or contest criticism leveled against them.”

Forget it, Angela and Kristine. You’re supposed to be partisan activists, like the mainstream media.

Ethics experts from the Student Press Law Center and the Society of Professional Journalists supported the Crimson, citing the  SPJ’s Code of Ethics. That’s nice, although I would call the gesture “lip service.”

2. SkyNet is listening. Because of loopholes in their security software, hackers can use  Amazon Alexa and Google Home virtual assistants to eavesdrop on user conversations without their knowledge, and even trick users into handing over sensitive information.

Gee-what-a-surprise….

For once, the American Bar Association got comparatively ahead of looming legal ethics risks created by developing technology by issuing a resolution in August urging bar associations and the legal profession to develop guidelines addressing the risks posed by attorney use of artificial intelligence. It’s a long document, undoubtedly missing many issues on the horizon, and regarding those personal assistants, it lacks an essential sentence: “Don’t let those things get within ten miles of your legal work.” Continue reading →

Morning Ethics Warm-Up, 10/23/2019: On “Lynching” And Other Things

/ Jack Marshall / 30 Comments

The day looks good, feels bad…

1. No, “lynching” is not the right word for the Democratic Party/”resistance”/news media impeachment assault. The word worked for Clarence Thomas during the Anita Hill ambush, but someone ought to remind the President that Thomas was and is black.

The correct word is coup. This has always been what the effort to delegitimatize and remove Trump has been, and this is what it remains. “Witch hunt,” which some idiot issued as an anti-impeachment talking point again a couple of weeks ago, is also an inappropriate term. It may accurately evoke the McCarthy-like methods being used, but it is historically and politically confusing, focusing on methodology rather than objective.

The inability of this President and his staff to communicate competently is a dangerous weakness. It has always been so, but now more than ever. The public literally doesn’t understand what is going on, and a clear, credible, trustworthy advocate for the President who is able to explain what is so wrong, so insidious, and so damaging to democracy about what the “Troika of Totalitarianism” (I’m trying to imagine what Spiro Agnew would have called them) have been doing since the 2016 election is an essential bulwark against impeachment and conviction. Even someone like—I can’t believe I’m writing this—Lanny Davis would be an upgrade.  Kellyanne Conway destroyed her credibility with her “alternate facts” gaffe. Rudy Giuliani got himself enmeshed in the Ukraine controversy. Mick Mulvaney proved, with his naive and ham-handed explanation about why there is nothing criminal or inappropriate about any President using the leverage of his office to persuade a foreign government to do something that needs doing, that he isn’t up to the job. And the President is foolish to believe that his tweet-storms are an effective remedy against  a news media determined to tell only one side, the “resistance” side,  of the issues.

Why, for example, isn’t there an advocate for the White House who can point out, clearly, that the misleading characterization in this morning’s Times front page “news” story—the New York Times no longer does “news” involving Trump, only adversary spin—that the President used strong-arm tactics to force the Ukraine to “investigate Mr. Trump’s political rivals”? Joe Biden isn’t “political rivals,” he’s a former Vice President of the United Sates who may have been using his high position to enrich his son and warp foreign policy.

At this point, Joe Biden isn’t an official election opponent of the President either. It is completely legal and responsible for our government to find out exactly what was going on in the Biden-Biden-Ukraine tango, and the idea that a President cannot legally pursue investigation of serious misconduct in the previous administration because the members of it can now be called his “rivals” is, or should be,  a transparent Catch-22 concocted to advance the coup. Is that really so hard to explain? Why isn’t anyone explaining it?

A prominent  reason is that one of the more effective and damaging tactics in the coup attempt has been to intimidate and threaten any competent D.C. professionals who could advise and assist a President under siege. Until the Trump administration, the accepted norm when a patriotic member of the Washington establishment, regardless of party,  was invited to help a President was for the individual so invited to say, “Of course.” This was how President Clinton persuaded Reagan advisor David Gergen to rescue his administration from self-immolation.

Today, any political establishment figure, no matter how well-respected before, can count on being savaged in the news media if he or she agrees to join the administration, as well as harassed if they go out for dinner. The phenomenon effectively gives this White House a lobotomy by making it a huge and risky sacrifice to try to assist the White House.  It also isolates the President, and increases the chances of him making his situation worse out of anger, frustration, and his unfortunate lack of impulse control.

This too has been part of the coup strategy from the beginning: withhold from this President all of the honors, respect, fairness, deference and cooperation every other President has earned as a right of office by virtue of being elected, and eventually he will do something that will justify impeachment.

It’s a coup. “Lynching” just muddies the waters, and in this dirty business, muddy waters is exactly what the “resistance” wants and needs. Continue reading →

Mitt Romney’s Secret Twitter Account Is Unethical

/ Jack Marshall / 30 Comments

It’s…..Mitt!

For some reason Ann Althouse is defending Mitt Romney’s fake Twitter feed identity. She’s wrong.

This week it was revealed that Senator Romney has been maintaining an undercover Twitter account as “Pierre Delicto,” a funny choice for a Mormon, since it sounds like a porn star name that George Costanza might have used if he discarded his first choice, “Buck Naked.” Mitt confessed that he used to account to “lurk” on Twitter and read what others were writing. If that was all he was doing, I would have no problem with the ethics of being “Pierre.”

However, those perusing his account, notably Georgetown professor Don Moynihan, who revealed his discoveries on Twitter, found  that Mitt also used his Twitter account to signal approval of post critical to other Republicans, like Newt Gingrich, Rudy Giuliani, Lindsay Graham, and Marco Rubio, whose critic got a “like” from Pierre for this tweet…

Nice.

Continue reading →

Ethics Dunce: Clothing Manufacturer Dhavani

/ Jack Marshall / 23 Comments

It has come to this: the above image currently appears on a Dhavani billboard in Times Square. The company proudly tweeted it out, writing,

As you know, we’re extremely passionate about creating high-quality, fashionable and innovative products in the most sustainable and ethical ways possible.…But the state of the world weighs heavily on us. There is a palpable tension in the air, an untenable clash of ideals, and we can no longer just sit back and watch….hat’s why we’ve decided to #StandForSomething and become the world’s first and only Activ(ist)Wear™ company. DHVANI is a brand for people who are committed to making the world a better place. As of today, with each purchase, we will donate to a featured nonprofit partner.

Yes, fomenting hate and denigrating the elected leader of the United States is the way to make the world a better place. That’s the message. Now run out and put money in their pockets.

It is increasingly clear to me that the future of our nation, government and culture depends upon how many Americans eventually realize that no matter what they may think of President Trump, those who shamelessly employ these tactics and this kind of rhetoric are a far, far greater threat to our values.

Commenting on this phenomenon, conservative commentator John Hinderaker writes, Continue reading →

On Top Of Everything Else, Hillary Clinton Is A Coward

/ Jack Marshall / 14 Comments

(but we knew that…)

After the former Secretary of State accused Rep. Tulsi Gabbard of being a Russian asset (along with Jill Stein) in a podcast, she abruptly backed out of the Fortune magazine “Most Powerful Women Summit” in Washington, DC. that will take place next week. Clinton aides cited a scheduling conflict—how rude to schedule something else after you have agreed to speak at an event!—because this decision had nothing to do with the fact that Gabbard would be there, and Hillary would have to stand face-to-face with the woman—and military veteran– whose patriotism she impugned. No really, nothing at all. Nope. Not a factor. Really.

One of George Washington’s 110 Rules of Civility is “Speak not evil of the absent, for it is unjust” (#89). I’m pretty sure one of the rules he personally followed was “If you do speak evil of the absent, at least have the courage and decency to say it to her face at the earliest convenience.”

I have never for a nanosecond regretted my last minute decision not to vote for this awful woman and the party that continues to laud and enable her.

Sunday Ethics Warm-Up, 10/20/19: Ancient Icelanders And Others Behaving Badly

/ Jack Marshall / 24 Comments

Good Morning!

1. Confession: I called a stranger an asshole on Facebook yesterday. I had patiently explained to a Facebook Borg-infected friend that no, the Justice Department report on Hillary’s email fiasco had not proven for all time that she hadn’t “done anything wrong,” quite the contrary. The report revealed that she was directly responsible for over 600 security breaches (after saying otherwise for more than a year). That means that she was reckless, incompetent, irresponsible and dishonest, and, since the applicable statute doesn’t require intent, could have been prosecuted. The report did find that there was no evidence that Clinton deliberately set out to endanger national security, which was never the issue.

Some clod following the thread wrote that you “could sure tell who follows Fox News talking points.” Well, I’m sick of that lazy deflection, and anyone who uses it, especially on me, is an asshole, and needs to be told.  maybe ist not too late to get treatment. It’s even more of an asshole thing to say than the reflex “But ….Trump!” retort.

2. Yes, this is unethical. Yes, it is newsworthy. No, it is receiving almost no national coverage outside of conservative news sources. Rep. Katie Hill, Vice Chair of the House Committee on Oversight and Reform, has been engaged in a three-way sexual relationship involving a  staffer and her husband. This would not matter to me, and should not matter to you, except that the woman involved is Hill’s subordinate. The workplace is not a dating bar or personal harem, not in the private sector, not in Congress. In addition, close personal relationships create conflicts of interest for the supervisor in any office. I would mention the inherent imbalance of power that makes it impossible for an employee to consent to a superior’s advances in such a situation, but of course Lee knows that, being an ardent #MeToo and Time’s Up! supporter.

The hypocrisy in the Democratic Party on this issue is wide, deep, and nauseating, except, I guess, to Democrats. Last week, discussing this issue with lawyers following my ethics seminar, a usually smart, fair, male attorney actually opined that Joe Biden’s serial non-consensual groping wasn’t really a problem because “he didn’t mean it to be sexual assault.” The lawyer really said this, though “I didn’t mean anything by it” has been the reflex excuse of every sexual harasser from Bill O’Reilly to Louis C.K.

3. Stipulated: President Trump’s harsh rhetoric in the aborted White House meeting with Democrats was one more stupid self-inflicted wound. Given the barrage of ad hominem attacks by the party that she leads, and the disrespect for the office that Pelosi herself has orchestrated (that mocking clap at the State of the Union speech alone was unforgivable), Trump was certainly provoked, but the President is not supposed to slide into the gutter just because his adversaries live there. It’s swell to be a “fighter”—Trump is probably correct that Mitt Romney would have been elected President in 2012 if he had a some Trump in him—but that doesn’t mean that gratuitous incivility and nastiness is a competent or responsible political strategy.

However, this image, part of a cartoon by Andy Marlette for the Pensacola News Journal earlier this year… Continue reading →

Friday Ethics Catch-Up, 10/18/2009: Hillary Snaps, And More Evidence That Everything Is Spinning Madly Out Of Control

/ Jack Marshall / 27 Comments

I am totally fried, and wondering if it is responsible to post in this condition. But ethics waits for no man…

1. Last chance to see my presentation at the Smithsonian, “Courtroom Drama:The Art of Cross-Examination.” Details here. There will be a lot of ethics discussed, as you would expect, plus some Clarence Darrow, Atticus Finch, F.Lee Bailey, Perry Mason, Cousin Vinny, and “You can’t handle the truth!,” among other highlights. I’m doing the two-hour program with my younger sister Edith, who, unlike me, has actually done cross examinations.

2. Whoa! Tell me again what an honorable, trustworthy woman Hillary Clinton is. Here’s Hillary, actually calling Jill Stein and Rep. Tulsi Gabbard, the lone moderate in the Democratic Presidential nomination race—well, the lone moderate who doesn’t habitually grope women—“Russian assets” in a podcast:

And brava to Gabbard, who didn’t mince words on Twitter in her response to the smear: Continue reading →

Once Again, The Unwarranted Presumption Of Racism

/ Jack Marshall / 19 Comments

“What’s that kid doing up there?”

If something undesirable happens to an African American, the culture is pushing the norm that the misfortune ought to be presumed to be the result of racism until decisively proven otherwise. Similarly, if a white individual is responsible for a black citizen’s plight, deserved or not, the white individual’s motivations are also presumed to be based on racial animus.

Both presumptions are nothing less than sanctified bias and prejudice, as much so as racism itself.

A case study from Washington, D.C.:

About a hundred seventh and eighth-grade students from Shelton Intermediate School in Shelton, Connecticut were visiting the nation’s Capital last week. The group was supervised by twelve chaperones, and the itinerary included the usual museums, monuments and landmarks, including the newest attraction, the Smithsonian’s  African American Museum.

While touring the museum, a male student leaned over a balcony and drooled or spit down on the visitors below. His saliva struck one of them, and the victim was black.  As a result of the incident, the entire group was ejected from the museum. Continue reading →

Laws Aren’t Enough: Compassion, Prudence, Proportion And The Golden Rule Must Also Be In The Equation

/ Jack Marshall / 21 Comments

Here is a cautionary tale out of Great Britain,  whose ethics comprehension appears to have gone into a tailspin.

In Manchester, England about a year ago, Jamie Griffiths , then a 19-year-old male student, reached out and  touched a 17-year-old female classmate’s arm while they were both walking along a city street during the day. Jamie explained to police, which the young woman contacted because of the incident, that he had just wanted to get her attention, introduce himself, and maybe “make a friend.”

Instead, the woman claims, the spontaneous encounter quickly spiraled out of control. As she told the court, according to The Manchester Evening News,

“I was just set on getting home and [reviewing] for my mock exams, but as I was coming over the bridge I saw him facing a hedge and I thought it was really weird. He wasn’t doing anything. He was just facing the hedge, staring at it. As I walked towards him, I was watching him and he suddenly swung round so he was facing me. I remember it happening fast. As soon as he moved, I moved, and I said: ‘stop’ and he touched me on my arm. I sort of jolted out of the way and I went into the road to avoid him and he very quickly walked away…I forgot about it for a while because I had my exams. I just thought it was weird behavior.” She went to the police and reported the episode. Then there was a second. This time, the 17-year-old was was walking to school when Griffiths walked in front of her and touched her side, staying in contact, she said, for about three seconds. “He smirked at me, he didn’t stop, he just touched me and walked off and I broke down crying in the street—it was quite traumatic.”

She and her mother filed a crime report. The student was traumatized by the encounters, she says. “Every time I started working I would cry because I would think of it. I felt very unsafe, even in my own home.”

A magistrate convicted Jamie Griffiths of two charges of sexual assault, accepting the young woman’s assessment that there was “no doubt” that had she not moved away from him that first time he touched her arm, he would have gone on to touch her breast. “The complainant’s evidence was very clear, logical and without embellishment,” the magistrate told the defendant. “We can think of no motivation for you to touch the victim other than sexual. Had she not taken evasive action the assault was likely to have been even more serious.” Continue reading →

Afternoon Ethics Jolt, 10/8/2019: Gaslighting, And Other Lousy Things To Do…

/ Jack Marshall / 14 Comments

HI!

1. Impeachment junk! There is so, so much of this. I am trying to decide if my launching an impeachment information and commentary website is feasible (for me, and any volunteers who step up), but it certainly is necessary.

  • Deja vu…I am again hearing and reading the opinion that the President’s various maneuvers to block testimony and subpoenas are indications of guilt. This is why the Democratic Party’s creeping totalitarianism is ominous—people slip so easily into totalitarian mindsets. “If you have nothing to hide, you have nothing to fear!’ is an anti-civil rights position, and yet here are alleged progressives chanting that Orwellian motto again.

The President has every reason to regard the Democratic fishing expeditions and non-inquiry inquiry into impeachment as an attack on the Separation of Powers and Constitutional government itself. Thus he has every right to make Congress’s abuse of process as difficult as possible, whether he has anything to hide, or not.

Circulating claims of Trump-Russian collusion prior to the 2016 election didn’t work. Using foreign-supplied fake intelligence, from a British spy who utilized Russian sources, to obtain surveillance of the Trump campaign and transition team didn’t work.Intimidating Electoral College Electors to change their votes after the election didn’t work. Having the Director of the FBI lie to, set up and try to entrap the president didn’t work. Having that same FBI Director leak memos to the media to manufacture grounds for a Special Counsel didn’t work.Trying to invoke the 25th Amendment to declare the president unable to perform the job didn’t work.Two years of the Mueller Investigation didn’t work.Three years of a permanent crisis news cycle meant to paralyze the administration didn’t work.

After all these failures to unwind the 2016 election, Democrats and the mainstream media are trying a new tactic: Create a Star Chamber “impeachment” process fueled by anonymous whistleblowers and selective leaks that is not so much designed to remove the president, though they would if they could, but to manipulate the 2020 election…By cloaking witnesses with the protection of whistleblowers, the whistleblower protections are being abused. In response to the announcement of Whistleblower No. 2, we remarked: “Abuse of whistleblower protections. This person is simply a witness to someone else’s complaint who already has been interviewed. Weaponization of whistleblower laws is yet another breach of norms in effort to unwind 2016 election.”…With Whistleblower No. 1 failing to fulfill the mission, there was a leak to the NY Times of a potential Whistleblower No. 2. That’s how this is going to work, there will be leaks to the media to frame the public narrative just like regarding supposed Russian-collusion.”

I think this is probably right.

  • Don’t confuse them with facts, their minds are made up. Ann Althouse passed along Sheryl Attkisson’s tweet:

  • Nah, there’s no mainstream media bias! Also from Althouse, we learn that the following headline is on the Washington Post’s front page:

“The GOP’s bootlicking cowardice knows no bounds.”

  • Polls, for whatever they’re worth…According to one poll, President Trump is gaining among independent voters in head-to-head matchups with the Democratic presidential front-runners, according to a new IBD-TIPP poll. This would be expected by anyone other than deranged, impeachment obsessed Democrats, since the non-biased could be anticipated to object to a party attempting to circumvent an election through abuse of the system. but who knows. Conservative pundit Matt Margolis writes, “Many on the right have warned Democrats that impeachment fever will only benefit Trump in the long run—and they appear to be proven right by this poll.”

Wrong. How can a poll “prove ” anything? Yet polls are always being offered as “proof.” It isn’t even honest to describe them as evidence. Continue reading →