Morning Ethics Warm-Up, 8/8/2019: Hating Hate By Hating The Hateful Haters

Good morning.

Are you nuts? I’m not. Yet.

1. You want deranged? This is deranged. MSNBC put analyst Frank Figliuzzi on the air to explain the Nazi symbolism at the White House.  Figliuzzi is a former FBI assistant—think about that as you read this—and he has been given media credibility of late because he had  predicted that white supremacist violence was potentially imminent due to President Trump’s rhetoric. Of course, I predicted months ago that the relentless divisive rhetoric from “the resistance” would get someone killed soon, and nobody’s calling me to blather on TV…and I’m not insane, like this guy.

Figliuzzi alerted MSNBC World about the sinister numerical connection between neo-Naziism and the Trump administration’s decision to fly flags at half-mast until August 8 in honor of the victims of the Dayton and El Paso shootings.

“If we don’t understand how they think, we’ll never understand how to counter them,” he said. “The President said that we will fly our flags at half mast, until August 8. That’s 8/8. Now, I’m not going to imply that he did this deliberately, but I am using it as an example of the ignorance of the adversary that’s being demonstrated by the White House. The numbers 88 are very significant in neo-Nazi and white supremacy movement. Why? Because the letter ‘H’ is the eighth letter of the alphabet, and to them the numbers 8-8 together stand for ‘Heil Hitler.’ So we’re going to be raising the flag back up at dusk on 8/8. No one is thinking about this.”

Once again, this calls for Sidney Wang...

The reason that nobody is thinking about this, you idiot, is that it is deranged. How crazy can “the resistance” get and not start a stampede to the President, in reflex revulsion to the lies, the disrespect, the paranoia, the smears and the hysteria? The Times this week was musing about why Trump’s approval ratings are rising even as the mainstream media has been proclaiming that he’s a Nazi racist and responsible for every shooting in America.

To ask the question is to answer it.

(I just realized my piano is a Nazi…) Continue reading

Observations On The Senate Olympics Investigation Report

An 18-month Senate investigation resulted in a searing report that found the U.S. Olympic Committee—among others— failed to protect young female athletes from sexual abuse. On July 30, Sen. Jerry Moran (R-Kansas) and Sen. Richard Blumenthal (D-Connecticut) released the long report  detailing “widespread failure by the U.S. Olympic and Paralympic Committee (the “Committee”) and other institutions to keep athletes safe.”

The effort was sparked by the ugly scandal surrounding Dr. Larry Nassar, the USA Gymnastics team doctor, who was sentenced to up to 175 years in a Michigan prison after it was revealed i 2016 that he had sexually abused and assaulted hundreds of female athletes.

The report and its contents have not received sufficient publicity in mainstream media sources, and one is left to speculate on why. The Senate Commerce Subcommittee on Manufacturing, Trade, and Consumer Protection found that, from summer 2015 to September 2016,  Olympic organizations hid the extent of Nassar’s crimes from the public and athletic community “to the detriment of dozens of women and girls who were sexually abused during this period of concealment.”

Those “other institutions” impugned in the 235-page report included the FBI. “The FBI failed to pursue a course of action that would have immediately protected victims in harm’s way. Instead, the FBI’s investigation dragged on and was shuffled between field offices,” the report states. This was not, as many media reports misleadingly suggest, just a failure of sports organizations. “Hundreds of women and girls were sexually abused by Larry Nassar” when basic competence, concern and diligence in many organizations, including law enforcement, would have saved them.

Observations: Continue reading

Will The “Woke” American Bar Association Endorse Reject “Innocent Until Proven Guilty” In Sexual Assault Cases?

Sadly, I wouldn’t be surprised.

This is the main reason that I am no longer a member of the ABA, which has become more political and partisan with each passing year. I have often presented ethics courses for ABA sections in the past, and will probably do so in the future.  But the legal profession is one of many that has lost its ethical bearings of late, and the resolution its largest and most prestigious association will consider this week (the ABA’s annual convention begins today) is proof.

Here is the resolution (emphasis mine):

RESOLVED, That the American Bar Association urges legislatures and courts to define consent in sexual assault cases as the assent of a person who is competent to give consent to engage in a specific act of sexual penetration, oral sex, or sexual contact, to provide that consent is expressed by words or action in the context of all the circumstances, and to reject any requirement that sexual assault victims have a legal burden of verbal or physical resistance.

This is essentially the same standard that the Obama administration forced upon colleges and universities with its infamous “Dear Colleague” letter, resulting in many male students being persecuted, punished, suspended, or expelled without due process, based on an institutionalized bias in favor of female accusers.

The National Association of Criminal Defense Lawyers effectively expressed how sinister the resolution is in a statement issued on July 25, stating in part,

The criminal defense lawyer association notes elsewhere in its letter that this definition would necessarily undermine the Fifth Amendment right to remain silent, since “[t]he resolution will often force the defendant to testify in order to present evidence that consent was expressed.”

The NACDL also points out that the American Law Institute proposed revising its l Model Penal Code to include an affirmative consent standard. The ALI’s membership  rejected that proposal, as it should have, and did so decisively.

The ABA membership is more politically diverse—and principled—that the official posturings of the association itself suggests. I suspect, and hope, that this abomination of a resolution, which would be a disgrace for any legal organization to endorse, will fail. The fact that such a resolution would even make it to the voting stage is one more ominous piece of evidence that the progressive forces seeking to weaken the Bill of Rights are infiltrating all of our professions and institutions.

Morning Ethics Warm-Up, 8/6/2019: Unethical Journalism, Free Press, “Gotchas!,” And Shut Up…

Good morning…

1. Now here’s a nice, professional, objective headline from the Times: ASSAILING HATE, BUT NOT GUNS.

Inexcusable. Several journalists have been arguing of late that it’s time for news organizations to openly and vigorously take a position on guns, and I bet you can guess which position that would be. (Of course, they have been taking that position for some time now, just denying it, like Brian Stelter denied that CNN’s coverage of the Mueller inquiry was slanted.) Have you been fooled?

The Times headline makes an assumption that is purely emotional rather than factual. There is nothing innately hateful about guns. “ASSAILING HATE, BUT NOT SPEECH”  would be an equivalent headline. “ASSAILING OBESITY, BUT NOT MASHED POTATOES”  is only slightly more idiotic.

Nah, there’s no mainstream media bias.

2. Speaking of unethical journalism…I was struck by a letter fromone of the knee-jerk liberals who frequent the pages of the New York Times Book Review supplement, which is always full of propaganda where it doesn’t belong (it is amazing how their guest reviewers can work in cheap shots at President Trump and the attendant Big Lies no matter what a book is about). Ellen Creane (she’s a community college English professor) wrote, “…Britain ultimately had to call on America’s democracy to save the island and indeed all of Europe. Who will America call on to save it from the current attacks on our free media? We must do this ourselves, strongly and now.”

Have you noticed the creeping trope that to criticize how our current journalists abuse freedom of the press is to threaten freedom of the press? I’m not sure if people believe this, thanks to thorough bombardment by the media itself (How dare you tell us how to do our job? Censorship!), or if the argument is just another intentional effort to protect an ally, and an unethical one, of the progressive culture wars. Continue reading

Sunday Ethics Warm-Up, 8/4/2019: Mass Shootings, Teddy’s Grace, Skaters’ Peril, California’s Cheat

“Never on a Sunday” just doesn’t apply to the ethics biz.

Historical note: in 1960, the English language version of the title song from the hist Greek comedy “Never on a Sunday” was constantly on the radio. My friends were singing it; the song won the Oscar for Best Song. Nobody seemed to mind, or bothered to tell all the kids singing the cheerful earworm, that the song was about a prostitute who wouldn’t accept payment to be boinked on a Sunday. The translated song’s word “kiss” was a euphemism.

1. That bastion of ethics, California! Senator Kamala Harris has come under fire for pursuing aggressive prosecution policies while California Attorney General, in stark contrast to he campaign rhetoric regarding mass incarceration of minorities.  Now the California Department of Corrections and Rehabilitation has removed many of the more controversial arrest records during her term in office. from the  Washington Free Beacon:

The department removed public access to a number of reports on incarceration in the state, including when presidential candidate Kamala Harris (D.) was California’s attorney general. Twice a year, the CDCR releases information about the number of new individuals incarcerated in the California prison system as part of its “Offender Data Points” series. These reports provide important information on demographics, sentence length, offense type, and other figures relevant to criminal justice and incarceration.Until recently, these reports were publicly available at the CDCR’s websiteA search using archive.org’s Wayback Machine reveals that as of April 25, 2019—the most recent indexed date—ODP reports were available dating back to the spring of 2009. As of August 2019, the same web page now serves only a single ODP report, the one for Spring 2019. The pre-2019 reports have been removed….the reports contain information about Harris’s entire time as state A.G., 2011 to 2017.

As John Travolta memorably says in “Face-Off”: “What a coinky-dink!”

Is this a partisan abuse of power designed to keep information away from the public and the media in support of favored candidate? It is. An ethical recipient of this assistance would condemn it and demand the State records be restored.  In this case, however, it would be more in character for Harris to have requested the purge.

2. Another shooting, another misleading stat. Today’s shooting in Dayton, coming right on top of last week’s El Paso Walmart massacre, has revived the “mass shooting a day” trope that was used repeatedly in 2018. Thus USA Today wrote today that there have been 250 “mass shootings” in 216 days this year. That’s deliberately misleading and deceitful.

The trick seems to be based on the non-partisan Mass Shooting Tracker, which uses the definition of “mass shooting” that includes any time four or more individuals are shot, excluding the shooter. Thus the number is inflated with gang shoot-outs, domestic violence, and incidents like this one, from a high-crime section of President Trump’s favorite city, Baltimore, last month:

“Police responded to a triple shooting in Northwest Baltimore late Saturday that left two males with serious injuries. Shortly before 10:30 p.m., police were dispatched to the 2800 block of Boarman Avenue for a shooting. They found three males with gunshot wounds. One victim was shot in the leg, an injury that was not life-threatening.”

Do you think of the Gunfight at the OK Corral as a mass shooting?  It was by the USA Today standard, though only three men were killed. Two of the Earp brothers and Doc Holliday were shot, so it was a “mass shooting.”

When media outlets and politicians point to a true mass shooting like the one in El Paso, where 20 died and many were wounded by a madman, and say “this is the 250th Mass shooting this year,” that sounds like “we have had 250 shootings like this in 2019.”

And that’s what you are supposed to think. All the better to scare you into giving up your right to personal protection.

3. Teddy Roosevelt and “Mr. Dooley.” In Doris Kearns Goodwin’s “The Bully Pulpit,” she tells the story of how Finley Peter Dunne, the social critic, pundit and humorist who wrote in the voice of the fictional Irish barfly, “Mr. Dooley,” wrote a scathing review of then New York Governor Theodore Roosevelt’s account of his exploits in the Spanish American War, “The Rough Riders.” Dunne mocked Teddy as representing the war as a virtual one-man triumph, and suggested that the book would be better titled, “Alone in Cuba.”

Roosevelt wrote him soon after, saying, “I regret to state that my family and intimate friends are delighted with your review of my book. Now I think you owe me one; and I shall expect that when you next come east you pay me a visit. I have long wanted the chance of making your acquaintance.” They eventually met at the Republican Convention in 1900, and Roosevelt handed him a news scoop:  he would accept the nomination as President McKinley’s running mate.

They remained friends and correspondents even though Dunne, as Dooley, continued to lampoon Teddy. Dunne wrote later, “I never knew a man with a keener humor or one who could take a joke on himself with better grace.”

This is the mark of both a secure and a wise leader, as well as one with a sense of humor and proportion. We have had few such leaders, and fewer such Presidents. Imagine how much better off President Trump would be if he had treated critics like Stephen Colbert and Samantha Bee the way Teddy treated Dunne.  Imagine how much better off we all would be.

4. What? Young female athletes handed off by their parents to adult coaches and into unsupervised interaction with older male athletes are often sexually abused? How could that be?  Three-time United States skating champion and Olympic meal winner Ashley Wagner said  this week  John Coughlin, a male figure skater who commited suicide in January,  had sexually assaulted her when she was 17. (Wagner is  28 now.) Writes the Times, “The accusations have further raised concerns that the dynamics of figure skating feed a culture in which young women are all too vulnerable.”

Gee, ya think? It is, has been and will always be irresponsible parenting to send young athletes out of parental oversight into the clutches of strangers because the parents lust for vicarious fame and direct fortune.  At best, even if they avoid the molestation that is too common to ignore, they have been deposited into an unhealthy life path. Today’s Times recounts the story of how young Natalie Wood, being showcased to Hollywood studios by her aggressive stage-mother, was raped twice at an audition when she was 16. Her mother never reported it, lest Natalie be blackballed by the many Harvey Weinsteins in the industry. Women’s sports are no different.

As child star activist Paul Petersen wrote in the only guest post ever to appear here,

“In the Common Law, children are the property of their parents who, in law, “are entitled to the custody, income and services” of the child. The presumption is that parents will not willfully take advantage of their child’s vulnerability, and their inability to disobey. Sadly, the reality faced by children in today’s world is at odds with this presumption.”

This is a much a child endangerment problem as a sexual predator problem.

 

Terrifying Tales Of The Double Standard: Lena Dunham’s Unwanted Kiss

I suggest listening to this as background as you gaze at the picture…

Sexual harassment is unwelcome sexual advances in a workplace setting. Sexual assault is an uninvited or consented to touching of a sexual nature.

Outspoken feminist/writer/actress Lena Dunham decided to spontaneously kiss walk over toher “Once Upon a Time in Hollywood” costar Brad Pitt and kiss him, at the Quentin Tarantino film’s London premiere.  I’m enjoying the media accounts—more on this below— that say she “appeared” to kiss him: what else could she be trying to do? Whisper in his mouth? Eat his lips?)

The photographic evidence makes it clear that the advance was unwelcome, indeed evoking  an exchange in “Singing in the Rain”: Continue reading

Saturday Ethics Warm-Up, 8/3/19: Lies and Ridiculous Lies

Bad day, right from the start.

An old friend, and one of my favorite people in the world, just suffered a terrible tragedy, one of those random, devastating, lightning strikes to the heart. He is much loved, and will be hearing from many, including me, once I figure out what to say. I’m always flummoxed in such situations, hating to mouth platitudes (I’m so sorry for your loss), but unable to think of anything more helpful.

1. The Washington Post factchecker is trying to be non-partisan again. I wonder how long it will last this time? He gave Cory Booker four Pinnochio’s for his statement during the last debate, “We lost the state of Michigan because everybody from Republicans to Russians were targeting the suppression of African American voters.”

That one missed the cut in the Ethics Alarms post. It is a complete lie, absolutely baseless. It is exactly as false and irresponsible as President Trump’s claim, unmoored to anything but wild speculation that widespread voter fraud cost him California. That, of course, was roundly mocked and condemned by some of the same pundits who are rooting for Booker.

Glenn Kessler explains in his article that there are absolutely no facts that support Booker’s claim. It is just made up. No data exists that indicate that Russian social media hi-jinks cost Clinton votes in Michigan, or anywhere, for that matter, much less the thousands of votes needed to flip the state. Nor does Michigan have any new measures that that would have suppressed African American voters. Indeed Clinton lost because the African American turn-out was not as strong as 2012, but that was expected, and the fall-off was approximately what was predicted. Kessler concludes, “[W]e could not find any specific examples of new laws enacted between 2012 and 2016 that could have reduced African American turnout. In fact, the Republican governor in 2012 vetoed a bill that would have required a photo ID for absentee voting.”

The worst thing  about Donald Trump, we are told, is that he habitually makes statements like Cory Booker’s. Continue reading

“Thank God It’s Friday” Ethics Warm-Up, 8/2/2019: Non-Reciprocal Loyalty, Woke Virtue-Signaling, Reasonable Vigilantes, And Pseudo-Plagiarism

And I don’t even like Friday, since small businesses like mine acknowledge no weekends, and ethics never sleeps…

1. Loyalty Ethics. Joe Biden got knocked around in the debate this week for supporting Barack Obama’s policies. Joe remained steadfast, saying, “I was a little surprised at how much incoming there was about Barack, about the President. I’m proud of having served him. I’m proud of the job he did. I don’t think there’s anything he has to apologize for. He changed the dialogue, he changed the whole question, he changed what was going on. And the idea that somehow it’s comparable to what [ President Trump] is doing is absolutely bizarre.”

Obama, however, has been silent. Now talk-show host Jesse Kelly, among others, is questioning Obama’s loyalty, tweeting, “The silence from Barack Obama as his Vice President of eight years gets torn limb from limb on his behalf is fascinating. Not even a polite word of support. Either those two are really on the outs or Obama truly is a political machine with no sense of loyalty.”

Fair? I don’t think so. It is not appropriate for Obama to start playing favorites as this stage pf the nomination process. He may realize that being seen as having to come to Joe rescue might hurt more than help: can Biden stand up for himself, or can’t he? That doesn’t mean that Obama is not a political machine with no sense of loyalty; I suspect that he is, as most of our Presidents have been. I also suspect that Obama thought Biden was a dolt, which, as we know, he is.

2.  NBA sexual exploitation/ virtue-signaling ethics. I don’t know what to make of this story. Maybe you can explain it. The Milwaukee Bucks are eliminating their traditional, all-female T&A sideline “dance team” and replacing them with a gender-inclusive dance team named the 414 Crew. (Wait: my Facebook friends are arguing that an all-female editorial board is still diverse! Why was this necessary?) From the Bucks brass: “We’re kind of constantly looking to evolve and broaden our reach and be as inclusive as we possibly can.” Oh. That’s funny, I assumed that scantily clad women moving provocatively was a crude way to please the NBA’s and NFL ‘s overwhelmingly male market. If teams finally recognize that these acts were demeaning to women, why not just eliminate them? Why does a pro-basketball team need “dancing, tumbling, break-dancing, tricking and other unique talents” on display during the game? Why not magic acts? Fire-eating?  Continue reading

Hello, August! Ethics Warm-Up: A Cheating Ex-Marine, An Athlete Who Cheats By Being Naturally Superior, The Cheating Media, And More

As if anyone needs “warm-ups” in August…

1. Here’s how you know a political candidate is an untrustworthy weasel: he places the official United States Marine Corps emblem on his campaign material. That would be Rep. Duncan Hunter, a Republican who has represented a conservative district near San Diego since 2009. This month, Hunter received a letter from the Marine Corps —that also had the official Marine emblem on it, but legitimately, unlike Duncan’s mailers—telling him he did not have permission to use the symbol and demanding that he stop immediately. The letter suggested that Mr. Hunter use an approved “Marine Veteran” emblem instead.

The man’s a long-time member of Congress, and he doesn’t know the basic fact that using any organization’s official emblem, logo or letterhead for an unrelated communication dishonestly suggests that that a communication has been endorsed by the organization? This isn’t an accident. This is misappropriation and intentional deception.

Or stupidity, of course. Any of the three ought to disqualify Hunter for Congress.

2. Nah, there’s no mainstream media bias! Part I. I no longer am going to be nice when someone tells me that liberal mainstream media bias is a myth, or that they aren’t routine purveyors  of “fake news.”

On Monday, as President Trump signed the 9/11 Victim Compensation Fund extension, he mentioned being at Ground Zero after the 9/11 terror attacks, saying, “I was down there [at Ground Zero] also, but I’m not considering myself a first responder, but I was down there. I spent a lot of time down there with you.”  Immediately, members the media elite already working over-time to help Democrats defeat him accused the President of lying.

Kyle Griffin, a producer at MSNBC,  claimed there was no evidence Trump was ever at Ground Zero after 9/11. Then CNN’s Chris Cillizza, a progressive hack since his days at the Washington Post, described the statement as the President being “Walter Mitty,” the James Thurber character who imagined himself doing things he couldn’t and didn’t. “Business Insider”ran the headline, “Trump said he was ‘down there’ at Ground Zero after the 9/11 attacks, but there’s no evidence he was ever closer than a few blocks away.” The New York Times  cited a retired NYFD deputy chief who said Trump was never at Ground Zero, because, apparently, he sees all and knows all.

It didn’t take long for someone to track down an NBC video of Trump being interviewed at Ground Zero soon after the attacks, whereupon social media’s anti-Trump hoard shifted gears and claimed that the President had said he was literally in among the rescuers at the disaster site. Yet the video is slam-dunk proof that he was closer than “a few blocks away,” and by any reasonable interpretation, was “at Ground Zero.”

This is a disease. Continue reading

From The “Duty To Rescue” Files: Am I Wrong That The Ethics Conundrum Of “The Drunk Young Woman And The Stranger” Has An Obvious Answer?

, the current author of the Times Magazine “The Ethicist” column and the first proprietor who is an actual ethicist, devoted a whole column this weekend to exploring a variant on the duty to rescue, via this question, which I have redacted a bit (you can read the whole question here), from “Laura”:

I went to a bar that was playing live music and sat at a table very close to the band. A young woman noticed an empty seat at our table and asked if she could join us. She was friendly, intelligent and also clearly drunk, slurring words and feeling no pain.  She came in alone.

Right beside her was a musician in the band. He wasn’t needed in all the songs, so he was free to chat quite a bit, and you could see there was chemistry between him and Kim, but they had not met before. Kim left to use the restroom and when she returned, the musician was with her, carrying her drink. Around 11 p.m., my companion and I were ready to call it a night. We said our goodbyes and left. I’ve thought a lot about  if I should have done something. Perhaps it’s because of #MeToo,but I felt uncomfortable leaving Kim there so drunk and alone. Should I have said something to the bartenders? They were so busy and not really able to watch over the customers. I would like to think that under normal circumstances they would have made sure she got in an Uber by herself (and not with a stranger), or at least would have made sure she didn’t leave with someone against her will. But was she too drunk to give consent? Should I have said something to her, like, “Are you going to be O.K. getting home?” She didn’t appear to be anywhere close to wanting to go home. she was of legal age. Should I have said something to the musician, who seemed like a decent man? have allowed myself the fantasy that he knew she was drunk, made sure she got home safely and did not take advantage of her, but instead took her phone number and checked on her the next day. What was the right thing for me to do in this situation?

Continue reading