Government & Politics

Comment Of The Day: “Evening Ethics Update, 11/7/2019: Dr. King Is Un-honored…” (Item #4)

/ Jack Marshall / 12 Comments

When I read the headline about the reversal of the name-change for the old boulevard in Kansas City, I was secretly hoping it would be because of recent credible revelations that Reverend Martin Luther King had facilitated a rape, and worse. In May, King biographer David Garrow unearthed previously classified FBI documents showing that King was a bad guy in private by any measure, even using a Donald Trump or a Bill Clinton standard. I had written at the time,

“I want to see the ignorant, doctrinaire college students, progressive history censors and pandering politicians face this crisis and either live up to their alleged virtues and censorious standards, or admit that they were dead wrong, as I and many others have been saying all along….

As a civilization, we must recognize and honor the many, many men and women of all races and origins who have made humanity better by their public deeds, intellectual advancements and accomplishments in civic life, war and peace. Few of them, if any, did not have serious flaws or engage during their lives in conduct that today, or even in their own times, would be considered reprehensible. Using these acts, and solely these acts, to assess which historical figures are worthy of being remembered by future generations leads to a societal suicide, embracing a culture without heroes or aspirations.”

I was thus hoping that the statue toppling side of the political spectrum was being forced to sample some of its’ own  medicine, and that King had lost an honor using the same, misguided principle that had the Democrats removing the names of their party’s founders, Jefferson and Jackson, from their annual dinners. Sauce for the goose, sauce for the gander, and perhaps when the gander realizes it’s bitter and stupid sauce, it will smarten up.

No such luck. It doesn’t seem as if King lost his street because he was a sexual predator, just because more Kansas City voters than not thought the old name shouldn’t have been changed in the first place

Steve-O-From NJ, however, does seem to be right about double standards where honors are concerned.

Here is his Comment of The Day on #4, the Kansas City Street Name Battle, in the post, “Evening Ethics Update, 11/7/2019: Dr. King Is Un-honored, Virginian Republicans Are Non-Functional, Fox News Is Pro-Darkness, And Joy Behar Is Still An Idiot”…

[Incidentally, has anyone read any hint of acknowledgment from the U.S. media, African-American groups or the NAACP that Garrow’s information raises a question about the propriety of honoring Dr. King? Neither have I….]

After two years of statue-toppling and other attempts to erase history, it should come as no surprise that eventually someone should suggest yanking something down dedicated to some darling of the left. The fact is that no city is REQUIRED to have a street named for King, nor is any citizen REQUIRED to honor him. In fact, as has been pointed out here, MLK was far from a saint in life, particularly with regard to his poor treatment of women. There is enough reason to criticize him to justify questioning why he should be honored at all, particularly in light of the current attacks on other (much more significant and influential) historical figures such as Columbus and Jefferson.

Of course the Left, and the black community in particular, doesn’t see it that way. If you’re lucky, they’ll just give you a non-answer, to the effect of the one is nothing like the other. If not, they’ll accuse you of being a racist, not because you said something affirmatively racist, but because you failed to give what they believe is proper deference to one of their icons. Continue reading →

Unethical Tweet Of The Week: NBC News (And It Goes Right Into The “Nah, There’s No Mainstream Media Bias!” Files]

/ Jack Marshall / 8 Comments

That’s the tweet. Here was DJT Jr.’s response:

And here was non-partisan blogger Ann Althouse’s response to that:

He’s right. They are hacks. And it was blackface.

And NBC knows it was blackface, though the truly awful Bahar denies it on the link.

Althouse is right that Trump Jr. Is right, and that they are hacks. All of the mainstream media are untrustworthy, biased, dishonest and manipulative hacks, as we enter a crucial political campaign and impeachment fiasco in which public civic literacy and awareness are critical, even as these organization attempt to  undermine it to advance their own political and ideological agendas. Their behavior could hardly be more dangerous, divisive, or destructive.

Now tell me again why it is wrong for the President to call them out as “enemies of the people.” That description is as accurate as “hacks”, and far more correctly alerts us to the seriousness of their corruption.

And to disgrace and expose themselves to hold common cause with the sordid likes of “The View’s” most ignorant and hateful loudmouth! Astounding! I am again reminded of this moment in “A Man For All Seasons,” as Sir Thomas More confronts the man who lied under oath to falsely prove More'[s alleged treason:

But for Joy Behar!

Saturday Morning Ethics, 11/9/2019: ABC’s Epstein Cover-Up, Facebook’s Whistleblower Identity Censorship, And More

/ Jack Marshall / 5 Comments

I started this one at 3:30 AM. 

If you can’t sleep, might as well be thinking about ethics…

1. “I’m smart! I’m not stupid, like everybody says…” While trying to find  the post I linked to yesterday(about corrupt and abusive systems of municipal funding, justice and law enforcement that “are virtual dictated by poverty and demographics that make an ethical system impossible”),, I stumbled upon a post written in August, 2014, titled “Prediction: The Ferguson Ethics Train Wreck.”Five years and three months later, I had no clue as to what that prediction might have been, and was curious to find out what it was. My prediction was this:

At this point, we have no way of knowing what the truth is. Maybe Wilson executed Brown. Maybe he is a racist. Maybe he is a psychopath. And maybe Brown’s conduct justified the use of deadly force by the officer, and the teen was largely responsible for his own demise. Presumably we will eventually know the truth.I confidently predict this, however, based on what occurred in the Martin-Zimmerman case:

IF the evidence supports the conclusion that Brown charged at Wilson, neither the family of the slain teen, nor the African American community in Ferguson, nor the protesters, the race-hustlers, the black and progressive politicians who benefit by preserving racial tension and distrust,  much of the news media and many, many pundits and political bloggers, will change their rhetoric, accusations or the prevailing Ferguson narrative one bit. They need for the narrative as it stands to be true, and want it to be true. Massive confirmation bias will ensure that the death of Mike Brown will be talked about, protested and regarded as an example of racist police oppression of young black men, and the truth, in the end, will be irrelevant.

I hope my prediction is wrong.

And, as we now know, it was not. Several candidates for the Democratic Party’s 2020 nomination for President have referred to Brown’s “murder,” the news media has largely allowed their intentional misrepresentation to go uncondemned.

2. Democracy Dies in Darkness update: Facebook and YouTube have joined the bizarre media censorship conspiracy that is committed to keeping the name of the Ukraine “whistleblower” from as many lazy and inattentive members of the public as possible. This is happening despite the fact that his name has been thoroughly revealed in many forums: he is almost certainly Eric Ciaramella, a CIA analyst, committed Democrat and consort of Joe Biden, Rep. Schiff, John Brennan and other Impeachment Plan S architects. Ciaramella also was cited in Special Counsel Robert Mueller’s report on the now-disproven collusion between Donald Trump and Russia. It included  Ciaramella’s May 2017 email summaries of a meeting between Trump and Russian officials  that were eventually  leaked to a New York Times reporter. Continue reading →

Netflix’s “The Laundromat” And Money Laundering Ethics

/ Jack Marshall / 2 Comments

Now streaming on Netflix, “The Laundromat” is an entertaining and flamboyant  examination of the phenomenon and roots of international money laundering, brought to us by director Steven Soderbergh (“Erin Brockovich,” “Traffic”) using a screenplay by Scott Z. Burns. The often tongue in cheek film is narrated by actors Gary Oldman and Antonio Bandaras playing lawyers Jürgen Mossack and Ramón Fonseca , whose now defunct firm set up tax shelters and shell corporations for the rich, corrupt and criminal  all over the world. Their empire was shattered by the Panama Papers data dump in 2016.

The film’s tone veers from smug to blunt as it focuses on three adaptations of true stories involving  Mossack Fonseca clients, all narrated by the excuse- and rationalization-spouting lawyers, the real life versions of which tried to sue to halt the production.

“The Panama Papers” as they are now called consisted of 11.5 million leaked documents that detailed financial and attorney–client information for more than 214,488 offshore entities, many of which were legal, but that supported fraudulent schemes and other crimes.  The documents were the property of  Mossack Fonseca. Even now, the fall-out from the release of the documents is unclear, in large part because so many of them involve attorney-client privilege, and the rules and laws governing their legal handling are spread over many nations, laws and ethics rules. The leak itself was a crime, and the hacker responsible, who goes by the name of “John Doe,” has never been identified.

This is an international ethics train wreck, and one that is so complicated that I didn’t cover it in 2016. That was ethics commentary malpractice on my part, I think. It was the biggest ethics story of the year, even if it is still largely unresolved.

Whether the law firm itself broke any laws is still a matter of debate. As Oldman and Bandaras constantly remind us, Mossack Fonseca set up arguably legal structures, and, they claim, didn’t know or care how they would be used. This is still a gray area of legal ethics in the U.S., one that was highlighted when “60 Minutes” broadcast its Global Witness episode in 2016 . Partners in eleven large Manhattan  law firms were caught on hidden cameras  exploring possible ways to represent an individual posing as the agent of an “African despot” seeking ways to launder millions of dollars. The ethics rules say that a lawyer may not knowingly assist a client in a crime or fraud, but contrived ignorance can be an effective, if unethical, device for lawyers to avoid  accountability when representing  unsavory (but profitable) clients.  Remember, Enron’s law firm avoided any sanctions, while the company’s accounting firm, Arthur Anderson, was prosecuted and destroyed.

No, Ethics Alarms didn’t cover the Global Witness scandal either, though I have talked about it in legal ethics seminars ever since. Clearly, money laundering has not had proper priority here. Again, my fault. I’ll do better. Continue reading →

Comment Of The Day: “Comment Of The Day: ‘Unethical Tweet Of The Month: Rep. Alexandria Ocasio-Cortez (D-NY)'”

/ Jack Marshall / 21 Comments

Humble Talent has issued an excellent and provocative post on one of the Great Ethics Controversies: what is fair, ethical and effective criminal justice punishment in a nation with the values of the United States?

I admit that this is an ethical blind spot for me, perhaps because I worked as both a defense attorney and a prosecutor. My natural inclination is toward the Baretta theme song: “Don’t do the crime if you can’t do the time.” Or, for that matter, if you can’t pay the fine. I also believe, as Humble alludes to skeptically  in his final paragraph, that the culture of the United States, emphasizing individual freedom and encouraging self-worth measured by success, does make criminal activity more common, and its history and culture also increase the frequency of  violent crimes. I don’t trust cross cultural comparisons; I think they are all misleading, and often intentionally so. The United States is unique.

Nonetheless, all of the issues brought up in the post are complex and important to examine, carefully, seriously. I have not forgotten this post, though I needed  Humble Talent’s comment to make me track it down,  and I hereby pledge to make criminal justice issues, and especially prison,  a higher priority here.

This is Humble Talent’s Comment of the Day on the post, “Comment Of The Day: ‘Unethical Tweet Of The Month: Rep. Alexandria Ocasio-Cortez (D-NY)’”

We’ve talked about this issue before, tangentially… And it’s something of a hot topic for me. It’s something that differentiates me from the group, I think, because it’s something I think America could do better, and it seems to be something that other right-leaning commentators are somewhere between apathetic to and actually proud of.

I think, and I could be wrong, but I think that this reaction is more of a rejection of the other side than a legitimate statement of belief. Progressives seem to no longer be content with the steady beat of “normal” progress, instead seeming to be approaching everything from politics to the personal with a militant quasi-religious fervour.

And to a point, who can blame them? If I listened and believed half of what their thought-leaders are telling them, I might be right there beside them. I’m of the opinion that people on the right feel like (and I agree with them, to an extent) they are perpetually under siege; their values, their way of life, their livelihoods, their basic understanding of the rules of the game of life. They’re given no rest, having the steady grind of not only the overt political messaging, but cultural and familial shifts happening around them in real time. And that’s worn away the dermis a little, they’re on their last nerves, and not picking their battles very well, instead opting to fight everything. Because otherwise…. The wholesale rejection of criticisms of the penal system seems… kinda shitty when you think about it. Continue reading →

Ethics Warm-Up, 11/8/19: “People Who Need To Leave” Edition

/ Jack Marshall / 6 Comments

1. Clean-up on the baseball aisle! Last April, I wrote a post urging Baltimore Orioles first-sacker Chris Davis to retire and save his desperate team some money, since it is clear that he can no longer play at a major league level despite being paid 23 million dollars in 2019, with a similar amount due him through 2022. At the time, Davis Davis was 0-for-23 with 13 strikeouts and  hitless in 44 at-bats since the previous season, when Davis batted .168, the worst in major league history for a regular, with a horrible .539 OPS (On base percentage plus slugging percentage), and a -2.5 WAR, meaning that the Orioles would have won 2.5 more games with a borderline major leaguer from the minors playing in his place.

Several readers have emailed me asking how things turned out for Davis, who did eventually get a hit, and who was still in the starting line-up frequently enough to hurt the team. The answer is that Davis was better than he was in 2018, but he was still horrible. He batted only .179, with a -1 WAR, and an OPS of  .601. He earned more than $418,000 per hit.

He’s earned almost 119 million dollars in his career, yet appears willing to continue to embarrass himself and hurt his team and team mates for three more sure-to-be-ugly seasons in order to collect another 69 million.

Yechhhh.

2. More on Joy Behar’s terrible, no good, very bad week: The highlight of Donald Trump Jr.’s visit to “The View” came after Behar recited the typical and overly-familiar talking points about Trump Sr.: “[President Trump] called some Mexicans rapists [Correction: He referred to illegal immigrants from Mexico as rapists who were rapists] , he attacked the handicapped, [No, Joy, he mocked a single handicapped reporter, and there is some evidence that he didn’t even do that], he bragged about it” [Huh?], and “We heard the ‘Access’ tape, where he bragged about grabbing women by their genitalia.” [No, he never said that he had personally grabbed any women “by the pussy.” Boy, am I sick of THIS narrative..] Rather than quibble with her, DJT Jr, had come armed and ready, and replied, “We’ve all done things that we regret, I mean, if we’re talking about bringing a discourse down, Joy, you’ve worn blackface.” Continue reading →

Two Ethics Dunce University Presidents Who Should Be Fired

/ Jack Marshall / 24 Comments

Hateful!!!!

They are…

Western Connecticut State University  President John Clark, who asked for the community’s help identifying students—if they were students— who distributed what he called “hate filled flyers and inscriptions on our university property.” These were more of the 4Chan-inspired “It’s OK to be white” and “Islam is right about women” trolling devices.

“I wanted to assure you that a full scale police investigation is underway,” Clark wrote, stating that the FBI, state police and municipal police were reviewing surveillance footage iand grilling those  “who may have witnessed any of this despicable and utterly unacceptable behavior.” In full grandstanding and virtue-signalling mode, Clark declared that any WCSU community members identified as responsible for  the flyers  “will be subject to the severest disciplinary actions, including dismissal as well as possible civil and criminal actions.”  He described the flyers’ message as “disgusting,” “hateful,” “virulent,” “sick and outrageous.”

“It’s OK to be white.”

The Horror. Continue reading →

No, This Isn’t Impeachable Either, Just Unethical And Illegal

/ Jack Marshall / 37 Comments

They are whooping it up at the Trump-Haters Club, because President Trump will have to pay $2 million in damages to nonprofit groups as a penalty for what can only be called a fraudulent use of his foundation in 2016. As part of the settlement agreement,  the President had to admit misusing funds raised by the Donald J. Trump Foundation, accessing them to assist his campaign, pay off debts of businesses he owned, including Mar-a-Lago and the Trump National Golf Club in Westchester County,  and, as an especially obnoxious move,  purchasing a $10,000 portrait of himself to hand in one of his Florida hotels. New York’s Attorney General  filed suit  accusing the Trump family of using the foundation to benefit various businesses and assist Trump’s  presidential run. You can’t use a non-profit like that; this is the kind of scam that got Tom DeLay thrown in prison.

The President admitted that the alleged charity charity gave his campaign complete control over the $2.8 million that the foundation had raised at an Iowa fund-raiser for veterans in January 2016. It was in fact a fund-raiser for the campaign, not veterans.

Nice.

Continue reading →

Evening Ethics Update, 11/7/2019: Dr. King Is Un-honored, Virginian Republicans Are Non-Functional, Fox News Is Pro-Darkness, And Joy Behar Is Still An Idiot [CORRECTED]

/ Jack Marshall / 30 Comments

Good evening…

1 . The progressive deterioration of the ridiculous Joy Behar. It’s clear the stress of engaging in issue debates for which she lacks the temperament, the education or the necessary data is stressing out Joy. On today’s edition of The View, some studio audience members who hadn’t received the memo that they were expected to only endorse the “views” of  the correct side of the political spectrum applauded guests Donald Trump Jr. and Kimberly Guilfoyle as they supported the President. Behar snapped at them, “This is not a MAGA rally!”  In such places there may be technically free speech, just not free non-conforming speech without abuse.

2. This makes no sense at all, nor is it ethical. Eric Ciaramella is the so-called whistle-blower who gave Rep. Adam Schiff the wisp of an excuse he needed to manufacture Plan S for removing the President, the supposed “quid pro quo” deal to make the Ukraine look for “dirt” on Joe Biden and his son. Lots of sources have published this—heck, I have—and no one has credibly denied it. In schoolyard terms, the cat is out of the bag. Nor is it in any way illegal for a news organization to publish what is increasingly public information. Okay, say he’s the “alleged” whistleblower.

Nonetheless, a Fox News executive sent out an email ordering Fox personnel, including hosts like Sean Hannity and Laura Ingraham, not to mention the name on the air because the network “had not confirmed it.”

Fox News, as you know, is always so careful about the accuracy of what its talking heads say.

Fox News media ethics watchdog Howard Kurtz defended not releasing the name of the whistleblower, saying it would send a “chilling message” to whistleblowers in the future. What “chilling message?” That if you decide to fulfill your partisan goals and help your pals by trying to bring down a President with rumors and hearsay, you should have the guts to do it publicly and accept the consequences? It’s not the news media’s job to make things easy for whistleblowers, and it is especially not their job to pretend that information already being publicized is a mystery.

The background and professional connections of this “whistleblower”—he’s really a leaker—are relevant to his credibility and the legitimacy of the current impeachment push. The public has a right to know, and democracy dies in darkness. Continue reading →

The Coup In Progress: Presidential Impeachment/Removal Plans

/ Jack Marshall / 27 Comments

I am finally devoting a dedicated post  to this list, in part because I am sick of searching for the thing every time I want to reference it. I will eventually deposit the list along with the Apology Scale and the Rationalizations List as another separate page in the “Rule Book” to your right.

One note on the use of the term coup. Some media pundits, their hands already bloodied, have been making the sophist claim that what has been going on since November 2016 isn’t a coup under the dictionary definition, which requires violence and usually a military take-over. Using cover-terms and euphemisms is a form of lying, and it is an especially common practice from  the Left right now, though the Right has its moments.

A “soft coup,” also known as a silent coup, does not use violence, and is typically based on a conspiracy or plot  aimed at seizing power, overthrowing existing legal authority, exchanging political leadership, changing the political system or the current institutional order. We are watching a long-running soft coup. A soft coup is still a coup.

There have been 19 Plans to abuse various processes, laws and theories, all put forward and promoted by members of the Democratic Party/”resistance”/mainstream news media alliance since President Trump’s election.  The  desired effect of this barrage, apart from serving the goal of removing him without the bother (and risk) of an election,  has been to make it impossible for the President to govern, and to destroy his support among the public.

When Plan S, which late novelist Robert Ludlum might have called “The Ukrainian Perversion” if it had been one of his novels, fails like the rest, or if President Trump is re-elected, the list will keep growing.

The List: Continue reading →