Morning Ethics Warm-Up, 2/4/2020: Meltdown In Iowa Edition [CORRECTED]

Good Morning!

As I write this, there are still no final results from the Iowa Caucuses. The cause seems to be some faulty software and generally poor planning by the Iowa Democrats, resulting in chaos. There is a lot of schadenfreude going on at the conservative websites, and it is unseemly. Much as the Democrats deserve to fall on their faces, this is botched democracy in action, and nobody should be gloating about it.  It’s unfair to all of the campaign workers and supporters of the various candidates—even though the supporters of some candidates should hide their heads under a bag—and chaos in the process serves nobody’s interests. What are the odds President Trump sends out a mocking tweet about it this morning?

Here’s Nate Silver explaining what a catastrophe this is for Democrats.

The bon mot turning up in comment sections and social media over and over again last night was “The Democrats can’t handle a caucus, and they want to run the whole country?”

Until the real vote totals are in  it’s all speculation, but it looks like Joe Biden crashed and burned, with his vote totals missing the 15% threshold required to win any delegates.

1. Pete being Pete. Remember what the Ethics Alarms verdict was on Pete Buttigieg a while back? It stands. Mayor Buttigieg declared himself the winner before any useful vote totals were in. Mediaite: “All this dumpster fire of an Iowa caucus was missing was a candidate who declared victory without a single vote being reported. But shortly after midnight eastern on Tuesday morning, Mayor Pete put the cherry on top of this hideous sundae with a confounding speech in which he seemed to proclaim himself the winner.” He has been sharply criticized by just about everybody, and deserves to be. It’s a jerk move.

Meanwhile, the Sanders camp, remembering the underhanded treatment he received from the DNC in 2016, is suggesting that this may all be a plot by the Democratic Dark lords to rob him of a big victory and the proverbial “Iowa Bounce.” I don’t blame them.

2. Stop making me defend Joe Biden! Biden is getting “Ew!’s and “Ick!”s as a result of this photo..

..taken when he gave his 19-year-old granddaughter s peck on the lips during an Iowa rally. Granted, this wouldn’t be an issue if Joe didn’t have a well-deserved reputation for  inappropriate public behavior with women and girls, but this is one of the best examples I have ever seen of how a photograph, contrary to the old saying, can and do lie. The kiss lasted a nanosecond, but the photo makes it look like Steve McQueen and Faye Dunaway in “The Thomas Crown Affair.” Continue reading

More Evidence Of The Ethics Void That Is Elizabeth Warren.

As America waits for the results of the epically botched Iowa caucuses, the fact that Elizabeth Warren still attracts any support at all is more testimony to the fact that 1) a lot of people are just as dumb as Warren thinks they are, and 2) Democrats just aren’t paying attention.

In an awful field for the Democratic Presidential nomination, Warren stands out for her Machiavellian manipulation, pandering and abuse of her presumed authority as a scholar. After I posted on Facebook about her head-explosionworthy promise to let trans teens have a veto over a cabinet position, maybe the most ridiculous pledge I’ve ever heard from any candidate regaring anything, a Facebook friend wrote that I appeared to be biased against Warren. It’s true—I am irrationally biased against politicians who say things they obviously don’t mean in order to get votes, and who are shameless, lying, demagogues.

Liz had a particularly revealing few days before the caucuses.  The Wall Street Journal reported: Continue reading

Rep. Adam Schiff’s “Have You No Sense Of Decency?” Moment

Well, another “Have you no decency?” moment…

“Trump could offer Alaska to the Russians in exchange for support in the next election, or decide to move to Mar-A-Lago permanently and leave Jared Kushner to run the country, delegating to him the decision whether they go to war.”

—Lead House Impeachment Manager Congressman Adam Schiff of California during closing arguments in the Senate impeachment trial Monday, bringing  unconscionable partisan fear-mongering and anti-Trump hysteria to a new low.

Res ipsa loquitur.

And failure to recognize Schiff as an unprincipled and shameless buffoon is a symptom of Stage 5 Trump Derangement.

Unethical Tweet Of The Week: The Tweeter In Chief

The President could win this category every week, but this one is especially annoying.

  • It gives his enemies—and they are enemies—a stick to beat him with, since they obsess about the most trivial things he says or does anyway whether there is anything wrong with them or not.
  • It reinforces the stereotype that he is an idiot.
  • In doing so, it undermines his credibility and trust as a leader.
  • It makes what is supposed to be an honor for the Chiefs into a joke.
  • The gaffe alienates one entire state, if not two.
  • It exhibits extreme carelessness.
  • It potentially injures untold Americans, who rolled their eyes so hard that they risked blindness.
  • A President should know the states and major cities of the nation he leads…without having to check.

If the President is determined to communicate directly to the public, he is obligated  to do so with care, consideration, and competence. He doesn’t.

But we knew that.

Ethics Dunce: Senator Joni Ernst (R-Iowa)

Ugh.

Senator Joni Ernst (R-Iowa) said yesterday, “I think this door of impeachable whatever has been opened. Joe Biden should be very careful what he’s asking for because, you know, we can have a situation where if it should ever be President Biden, that immediately, people, right the day after he would be elected would be saying, ‘Well, we’re going to impeach him.’”

No, no, no. Someone should wash Ernst’s mouth out with soap. That door needs to be slammed shut, and Ernst is a fool for suggesting otherwise, even hypothetically.

What the Democrats did, by deciding from the moment Donald Trump was elected to seek a way to remove him, undermined our democracy and its institutions. It also threatened—threatens-— to institutionalize  a  precedent that would make every  elected President to come a permanent target  of a soft coup by those who lost the contest to decide who was “fit” to be President.  From the beginning, one of the main reasons the Democrats’ undemocratic strategy was so evidently dangerous was the powerful “tit for tat” reflex in politics. Sometimes, the understanding that in politics “what goes around comes around” is a restraining force on irresponsible and unethical partisan warfare. This time it wasn’t, but that does not mean that the Republicans should reciprocate in kind. That is exactly what they must not do. If that is their approach, they will complete the destruction that the Democrats started. Continue reading

Did Trump’s Impeachment Lawyer Lie To The Senate?

Pat Cipollone, one of President Trump’s lawyer,  stated  that Republicans weren’t allowed to participate in House depositions. This wasn’t true: 47 Republicans who served on the appropriate committees had the right to attend these depositions, and many did attend. Naturally the “Get all Trump allies’ resistance mob regards this an intentional lie, and is demanding that Cipellone be disciplined for professional misconduct.

Wrong.

Writes legal ethics expert Stacie  Rosenzweig, “This is almost certainly a lie rather than a misstatement or misapprehension; I can’t imagine a scenario in which a lawyer with a three-decade career and a reputation for being “well-prepared and even-keeled” would simply not know that.” Her logic is exactly upside down: a lawyer that experienced would not deliberately utter a lie in such a high profile forum where it would certainly be noticed, undermining his credibility to no good end.  Sure enough, the factcheckers were on his misstatement like a shot.

The lawyer probably made a mistake, contrary to Rosenweig’s unjustfied certitude.This may have occurred because the false claim that the GOP was shut out of the depositions was a frequent right-wing talking point, and he didn’t check it. The assertion was at best tangential to his argument; I guarantee that no bar association would discipline any lawyer by using the argument, “You’re too good and experienced to make a stupid mistake.” Good and experienced lawyers made mistakes, sometimes astonishing ones.
Continue reading

Comment Of The Day: “Saturday Ethics Warm-Up, Feb. 1, 2020: A New Month, Post Fake News Shame, And Impeachment Failure Freakout Edition”

Steve-O-From-NJ authored an epic Comment of the Day, checking in at nearly 1800 words, which may be a record–it will take too long to check. The question is, since it an analysis of the soon-to-be-a-really-bad-memory-that-both-parties-will-constantly -remind- us-of impeachment, or as it is known on Ethics Alarms, Plan S, the Trump Impeachment Ethics Train Wreck, and one more car in the 2016 Post Election Ethics Train Wreck, is this an ethics post?

This was already on my mind, having read today another legal ethics blogger complaining that the impeachment debacle has forced her ethics blog into politics. Yeah, tell me about it.

Yes, it’s an ethics post. The impeachment was the culmination—for now–of what Ethics Alarms has been covering for three years as what I labelled early on as one of the most important and dangerous examples of unethical partisan conduct in decades. Steve-O hits many issues that have been extensively covered here from an ethics perspective, and, frankly, a summary right now is helpful. It also helps lay the foundation for a post I have been working on a while with his phrase–twice!–mixed motives.

Here is Steve-O-From-NJ‘s Comment of the Day on the post, “Saturday Ethics Warm-Up, Feb. 1, 2020: A New Month, Post Fake News Shame, And Impeachment Failure Freakout Edition.”

A few thoughts on the all but over impeachment:

After Friday’s vote, it’s all over but the formalities for the third impeachment and the second attempt at a soft coup by Congress against the president. It’s also the least legitimate of the three impeachments plus the one effort that never got to impeachment because the president resigned.

The Radical Republicans tried to push Andrew Johnson out of office because, as a Democrat and a southerner (he was from Tennessee), he was in the way of their harsh program of Reconstruction they wanted to impose on the South after the Civil War, so they essentially took a policy dispute up to eleven. Nixon oversaw criminal activities and lied repeatedly, so his trust was shot and he could no longer lead. Bill Clinton had a sleazy, but probably not impeachable, affair, but then perjured himself, which is a crime, to cover it up, a classic case of the coverup being worse than the act. The best the Democratic Party could come up with on this one was a phone call with, at best, mixed motives.

Nowhere in the Constitution or the other laws of this land does it say that the president or any other official must act totally selflessly at all times in the discharge of his duties, or he risks being impeached and removed from office. Nowhere does it say that, as chief diplomat of the United States, the president is not empowered to engage in political jiujitsu with other governments. Nowhere does it say that, as chief law enforcement officer of the United States, the president is not empowered to look into dealings by others with foreign governments that he has a question about. Most importantly, nowhere does it say that the president, or any other executive official, must defer to Congress, particularly to the House, in all things.

The Founding Fathers were very clear on the concept of separation of powers when they drew up the Constitution. They did not want any one official, or even one institution, making the laws and then prosecuting and punishing anyone accused of breaking the laws. They specifically did not want any of the three branches of government becoming more powerful than the others. That’s why it’s called checks and balances. The nation is still working out how that is supposed to work in every situation, but that’s the basic concept we all learned back around 3rd grade. They built in the power of impeachment to guard against gross abuses by corrupt officials, but they specifically rejected the idea of a parliamentary system where the legislature holds most of the power and can call a vote of no confidence in the government fairly easily.

They also specifically rejected the idea of one branch of government encroaching on the prerogatives of the others. Congress can pass all the laws it wants, but, unless the president signs them and later enforces them, they mean nothing. Congress can also do all the overseeing it wants, but, its power to demand testimony, documents, or anything else can be checked by the courts. That’s how it works. That’s how it’s supposed to work. Continue reading

Sunday Ethics Warm-Up, 2/2/2020: The “Let’s Not Watch The CTE Bowl And Think About Ethics Instead” Edition

Good Afternoon!

I almost managed to ignore football completely this season, and I’m proud of it.  There were few rogue kneelers in the NFL this year, and the New England Patriots, my hometown role models for the Houston Astros, finally bit the dust. Meanwhile, there was little new on the CTE front, not any more is needed to prove that cheering young men in the process of destroying their brains for a handful of well-compensated seasons as football heroes is immoral and unethical.  I did recently watch the Netflix documentary, “The Killer Inside,” about Aaron Hernandez, the Patriots star who murdered a friend and perhaps two others. I didn’t know that after his suicide in prison, it was found that Hernandez suffered from CTE, and that  his brain was one of the most damaged scientists have ever seen.  The documentary also says that the New England Patriots coaching staff saw signs that he was deteriorating and becoming unstable, as well as using drugs, and they made no effort to intervene. After all, he was playing well, and the team was winning.

That’s pro football. To hell with it.

1. “The Chop.” I have written about this perpetually silly issue a lot, and recently, but the New York Times, being the Official Paper of the Woke, has felt it necessary to publish three pieces this week on the the so called “Kansas City Chop,” the tomahawk motion used by Kansas City Chiefs fans (The Chiefs are in the Super Bowl, you know) when cheering on their team. The chop is most identified with the Atlanta Braves (How satisfying it was to watch Jane Fonda dutifully chopping along with then husband Ted Turner when the  Braves finally made the world Series in 1991!), but Chiefs fans started copying Braves fans. It is, of course, intended to rally the team, has nothing whatsoever to do with any kind of commentary on Native Americans, those who pretend to be seriously unsettled by what fans of an NFL team do to show their affection for their team are either faking or need psychiatric care. But here’s CNN:
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Kneeling Snake Ethics.

PETA is so tone deaf, so irrational, and so devoid of functioning ethics alarms, it is depressing that the group has so much support. (Here’s an Ethics Alarms compendium of some of their unethical misadventures. ) Currently the group is grandstanding—again–by harassing the Punxsutawney Groundhog Club, arguing that “Phil” should be replaced with an animatronic groundhog. Whatever. (This is Groundhog Day, you know. This is Groundhog Day, you know.) That nonsense, however, has been superseded by the uproar caused by the obnoxious TV ad above.

After it was rejected by the NFL–I don’t know why: I am very much in favor of letting foolish groups expose their foolishness to the nation and pay a bundle for the privilege–PETA  released it anyway. As you can see, it shows cute animated animals, including a snake, “taking a knee” like Colin Kaepernick and his acolytes  as “The Star Spangled Banner” is hummed in the background. Big mistake.

Heh, heh, heh...

The ad was quickly criticized as stupid, of course, since it is,  for the “kneeling” snake and fish.  Others called it disrespectful to the United States, the National Anthem and veterans.  The Snake Anti-Defamation League sent a venomous letter of protest. OK, that was a joke.

This isn’t: PETA was accused of “appropriating” Kaepernick’s protest against racial injustice and police brutality and attempting to equate black men to animals. This is the group that has argued that the Bill of Rights applies to whales and lower primates, so this shouldn’t be a shock.

The Root took aim and fired: “PETA colonized the Black Lives Matter Movement; disrespected Colin Kaepernick’s protest against injustice, and made a mockery of 400 years of systemic oppression by comparing Black lives to grizzly bears and bald eagles.”

But animals have been abused by humans since the cave men!

Erica Cobb, co-host of Daily Blast LIVE called PETA’s ad “disrespectful,” adding,”Black people already feel like dogs having clean drinking water is more important than black people have clean drinking water.”

The hashtag #PETA is suddenly all over social media, and not in a good way. Anita Sarkeesian, feminist activist, tweeted,

“Not wanting to add more views or attention to PETA but I’m so tired of how consistently their ‘activism’ is deeply oppressive, offensive, and degrading to ACTUAL HUMAN BEINGS. Of course, we shouldn’t be cruel to animals but the real oppression of Black folks is not equivalent.”

PETA, not surprisingly since nobody associated with the group seems to have any properly functioning ethics alarms, then started blocking critics on Twitter, but not before trying the Rationalizations known as The Unethical Role Model (#32) and The Hillary Inoculation, or “If he/she doesn’t care, why should anyone else?” (#42) by trotting out Kaepernick himself to say that he doesn’t mind the ad. (Hmmm…should I add a Rationalization called “The Idiot’s Endorsement”?)

It couldn’t happen to a nicer advocacy group.

#MeToo Ethics: Prosecuting To Stigmatize The Accused

It’s not just the impeachment..apparently prosecutors are beginning to adopt the Democratic Party’s theory that it is appropriate to force a trial when there is no chance at conviction just to stigmatize the accused. This is a clear breach of prosecutor ethics, but ethics schmethics, the ends justify the means, right?

The area in which this despicable strategy is surfacing is—and this should be no surprise—the realm of #Me Too. In Maine,  Natasha Irving , who is the top prosecutor for Knox, Lincoln, Sagadahoc and Waldo counties,  wants to reform how the legal system prosecutes sexual assault cases, believing all women so those who come forward know they’ll be “supported.” This means, according to  Irving, that prosecutors shouldn’t decline to prosecute a sexual assault case just because they “think it’s too hard to prove.”

“Individually, I think that response is very damaging to a survivor,” she says. “If they weren’t believed initially, they don’t have faith that they’re going to be believed if they come forward again. Or that they somehow will be put on trial for what happened instead of the perpetrator. There’s a lot of shame and blame that the victims often carry.”

Yes, that’s a problem. A greater problem is prosecutors bring cases to trial when the don’t have enough evidence to prove the defendant guilty. Then they are just counting on an incompetent jury, which isn’t that much of a longshot. The attitude Irving is endorsing is how black men end up in prison for murders they didn’t commit. Continue reading