Government & Politics

Ethics Hero: Glenn Greenwald

/ Jack Marshall / 14 Comments

I’m not exactly a fan of lawyer/muckraker/journalist Glenn Greenwald, but I’m getting there. Greenwald certainly has an ideological agenda, and it informs both his choice of topics and the slant of his reporting. However, in an age where the mainstream journalism establishment has made the tragic decision to be largely  a propaganda organization for its one favored political party, and has willfully misinformed the American public in pursuit of that party’s interests, primarily power, Greenwald stands out for his non-partisan approach, his consistent standards, his integrity, and most of all of late, his refusal to participate in counter-factual condemnations of President Trump for conduct that the news media has either shrugged away or tolerated in the past from other Presidents.

Greewald’s latest broadside against the hypocrisy comes in gloriously unrestrained The Intercept piece about the attacks on President Trump for his attitude toward the , Trump’s Amoral Saudi Statement Is a Pure Expression of Decades-Old “U.S. Values” and Foreign Policy Orthodoxies.

The title is true beyond question; I pointed out the same fact here, writing in part regarding the Khashoggi murder and the New York Times editorial calling the Trump administration’s policy response “a guide to how they might increase their standing in the eyes of the American president as well as how far they can go in crushing domestic critics without raising American ire”:

The question of how far the U.S. should go in pursuing its own interests while excusing unethical or immoral acts by foreign governments is an enduring one the stretches at least back to the United States alliance with Stalin in World War II. Outside of the fact that [ the Khashoggi murder] involves a journalist, however, the Trump “guide,” even stated in deliberately pejorative terms, seems to me to vary not one bit from the standards used by previous administrations, including the Obama Administration. China…Cuba…Iran…and yes, the Saudis, who have overseen state-sanctioned brutality and human rights outrages affecting whole classes of people, not just one journalist, for a long as anyone can remember.

Trump’s “new blueprint,” it seems to me, varies from the old blueprint not one bit. Whether the old blue-print is necessary or defensive is another issue.

Well, that was comparatively nothin’ from me as an ethics rebuke, a pea-shooter compared to Greenwald’s  tour-de force. His conclusion is uncompromising and irrefutable: Continue reading →

The “Charlie Brown Thanksgiving” Scandal

/ Jack Marshall / 30 Comments

Some people are now conditioned to see racism in everything, and they are a menace to society, sanity, and the pursuit of happiness.

But I’m getting ahead of myself…

What does it mean that the above scene from ” A Charlie Brown Thanksgiving,” first aired on November 20, 1973 and every year since, suddenly struck some Americans as “racist” in 2018?

Hint: it doesn’t mean that the public is becoming more “woke” to actual racism in America. It means that the relentless effort by one segment of society and many in the news media to use the accusation of “racism” as a political wedge and a weapon to achieve power has officially reached the most dangerous level yet, and is gradually poisoning society. The idea is to make virtually anything potentially “racially insensitive”—choice of words, clothing, casting in TV shows, law enforcement, voting, socialization choices, literally anything and everything, including innocent composition choices in animated cartoons. The objective is to produce fear….fear of making a mistake, fear of offending anyone with hypersensitivity to racial slights, real or imaginary, fear of being labeled guilty of “racism,” which is now the worst crime on earth. This is a sick development that will create a sick society and a dysfunctional culture.

Here is how one critic describes the evidence of racism in the above picture:

“Franklin, the one and only black friend in the group, is seated by himself on one side of the table while the other is crowded with the rest of the friends. On top of that, he’s sitting in a lawn chair as opposed to everyone else’s proper furniture.”

This is deceit and trouble-making:

  • There are six human beings at the table, one of whom is black. In fact, the diversity exceeds the percentage of blacks in the U.S. population. There is nothing racist about him being “the one and only.”
  • Franklin is not sitting “by himself.” He is sitting at the same table with his friends as a welcome guest at a community gathering. Is Linus, who also has one side of the table to himself, sitting “by himself” too? No, he’s a member of the group, at the same table as his friends. Is Marcy, at the opposite end, sitting “by herself?” No, she is also sitting with the group, just like Franklin.
  • Is having one side of a communal table considered some kind of insult? Not at any table I’ve been seated at. I love having a side to myself. It is also an advantage to be able to look at your family and friends across a table, rather than to have to talk to them by turning your head and craning around. There is a strong argument that Franklin is being treated with special consideration.
  • Why did the artist set up the table like that? I guarantee it was not to make a racist statement. How can I guarantee that? I guarantee that because 1) the “statement’ would be idiotic 2) because nobody out of millions of viewers saw any such statement for four decades 3) because if you wanted to be hostile to blacks, you could just skip Franklin. Franklin, a minor, (indeed transparently token) “Peanuts” character added to the comic just five years earlier, is at the gang’s celebration in place of Schroader, Violet, Pigpen, and even Lucy, all more prominent characters. So what’s the theory, that the cartoonists gave the black kid a place at the table over major, long-standing characters in order to insult him? How racially paranoid do you have to be to think like that? The answer is “pretty damned paranoid,” and that’s the state of mind malign political forces here want to promote.
  • Here’s why the table was set like it was:

Continue reading →

Thanksgiving Day Ethics Warm-Up, 11/22/2018: Turkeys And Vampire-Slayers

/ Jack Marshall / 28 Comments

Happy Thanksgiving!

Now don’t let any “turkeys,” related or not, spoil it for you. This is a uniquely American holiday, celebrating our history, journey, values and culture, remembering the value of family, and extolling  qualities that Americans should all try to embrace in their daily lives: generosity, empathy, charity, loyalty, perspective, respect and gratitude. Once it was regarded as a religious holiday, but as the culture has gradually rejected religion, for better or worse, and not without the full complicity of organized religions whose conduct would repel anyone, the holiday has struggled to find new moorings. Its value as a yearly ethical touchpoint makes that struggle worth continuing.

1. Speaking of Thanksgiving “turkeys”...A helpful Twitter-user compiled these shots from various progressive websites and blogs:

Nice.

One of the things I have long been thankful for was the excellent training I received at our family dinner table from my proudly iconoclastic father, who could argue any side of any issues, and did, just to teach his kids that they better have a firm grasp of facts, logic, language, and critical thinking before making any assertion, lest they be made to look like fools. He also taught the value of an open mind, and resisting lazy conventional wisdom without foundation, like, say “Trump is a racist.”

2. This one is Obama’s fault. Though heated political arguments were always a potential part of family gatherings, it was Obama’s administration and his allies that made the disgusting decision to weaponize the holidays, commanding their human drones to arrive at gatherings ready to argue the benefits of the Affordable Care Act, and providing brochures and videos to help them accomplish the mission. (Bulletin from Justice Roberts: “There are no Obama Thanksgivings or Trump Thanksgivings!”) Continue reading →

On Chief Justice Roberts’ “Rebuke” Of President Trump

/ Jack Marshall / 18 Comments

What Chief Justice Roberts said:

“We do not have Obama judges or Trump judges, Bush judges or Clinton judges. What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them. The independent judiciary is something we should all be thankful for.”

What prompted his comment: After federal judge Jon Tigar of the U.S. District Court for the Northern District of California temporarily blocked the Trump administration from denying asylum to migrants who enter the U.S. illegally, the President said that the decision was a “disgrace,” adding,

“Because every case, no matter where it is, they file it — practically, I mean practically — for all intents and purposes — they file it in what’s called the 9th Circuit. This was an Obama judge. And I’ll tell you what, it’s not going to happen like this anymore. Everybody that wants to sue the United States, they file their case in — almost — they file their case in the 9th Circuit. And it means an automatic loss no matter what you do, no matter how good your case is. And the 9th Circuit is really something we have to take a look at because it’s — because it’s not fair. People should not be allowed to immediately run to this very friendly circuit and file their case. And you people know better than anybody what’s happening. It’s a disgrace. In my opinion, it’s a disgrace what happens with the 9th Circuit. We will win that case in the Supreme Court of the United States.”

This was—I don’t think it’s unfair to characterize it as “gleefully”—gleefully reported as a rare rebuke of the President by a Chief Justice.

Notes: Continue reading →

The Khashoggi Murder: In A Realm Of Brutal Utilitarianism, How Is It A Special Case?

/ Jack Marshall / 30 Comments

 Foreign affairs is always an ethics-gray zone, with complex “ends justify the means” trade-offs amid cultural clashes and uncomfortable alliances are unavoidable. President Trump has apparently decided that the nation’s alliance with Saudi Arabia is more important than taking a hard moral-ethical stand regarding what the CIA has determined was a premeditated murder committed by a member of the Saudi ruling family against a journalist. In foreign policy, such trade-offs are the norm rather than the exception, “Everybody does it” is the operative rationalization because, for centuries, every country does do it. It’s not ethical. It’s practical. The American news media is making this episode  special because a) it involves a journalist, so their interests are skewed and b) it is President Trump, and everything he does must be condemned to further the aims of the resistance.

Here was the Times this morning: Continue reading →

Morning Ethics Warm-Up, 11/21/18: BREAKING! Bill Clinton Harassed Women!

/ Jack Marshall / 22 Comments

Good morning!

Me? I’m thankful that I’ve had the Warm-Up to fall back on when I’m too busy trying to sleep off this ^$$@!#^& endless chest cold, so I can at least keep a little bit current on Ethics Alarms. Today, the hell with it! Mind over matter, exhaustion be damned, I’m going to work, shop, make delayed client calls and research until I drop, literally. Time to stop being a weenie. Then tomorrow I can be thankful that I’m still alive.

1. Do not let the Clinton defenders off the hook.  For me, this is head exploding: the New York Times is crediting an A&E series about “The Clinton Affair” with suddenly, remarkably, making it possible to see that Paula Jones, as well as Katherine Willey and Juanita Broaddrick, were not just “right wing conspiracy”- primed bimbos weaponized to bring down Bill Clinton. Ah! Now, through the sudden clarity provided by the #MeToo movement, the Times and the rest of the mainstream media feels that the truth, so impenetrable all those years ago,  has been revealed! Jones was credible! Willey and Broaddrick were (and are) credible! What a shock! Who knew?

Excuse me if I barf. I knew, and, I submit, so did the New York Times et al,, including my hypocritical feminist lawyer friends at the Association of Trial Lawyers of America, where I worked during the Clinton years. “I believe Anita Hill!” boasted the button worn by the association’s first female President. “Really?” I asked her? Then why didn’t you believe Paula Jones? Clinton has had a history of sexual harassment and predator allegations; Clarence Thomas hasn’t.” Her answer was, to paraphrase, “Humina humina humina…’ She had no answer. She knew she had sided with a powerful man against a powerless woman for purely political reasons, and credibility and justice had nothing to do with the calculation. So did the New York Times. All of the defenses of Clinton were rationalizations—all of them, every one. I argued, and I taught at the time, that the Lewinsky affair was classic workplace harassment where the disparity of power made true consent impossible, even as such feminists as Gloria Steinem denied it, because, you see, Bill supported abortion rights. Of course he did. I’ll bet those rights served him well at one or more junctures in his rise.

Now, though, the realization of what Clinton was really doing has come into focus, as if it wasn’t deliberately blurred by the same forces now proclaiming it. In her essay for Vanity Fair earlier this year, Monica wrote that #MeToo had given her a “new lens” for seeing her own story, writing “Now, at 44, I’m beginning (just beginning) to consider the implications of the power differentials that were so vast between a president and a White House intern.”

Well, you’re slow, Monica, but at least you have an excuse. The New York Times is simply covering up a lie. It has no new lens: it was just pretending, along with the Democratic Party and most of the news media, that it didn’t know what was obvious to anyone with a neutral perspective. Bill Clinton was a serial harasser and sexual predator. He used his power in office to abuse women, and then to cover up his misconduct. Hillary Clinton was his accomplice, for her own gain. The President lied under oath in the Jones suit, a genuine, proven, “high crime.” It was not personal conduct, but professional, official, workplace misconduct, by well-accepted standards in the employment law field. That other Presidents, notably Kennedy, hasalso been sexual predators was not an valid excuse or a defense. The Democratic Party’s alleged feminism and dedication to women’s rights has been pure hypocrisy and cynical misrepresentation as long as the Clintons were embraced as allies and icons, a situation which existed right up through the 2016 election.

How dare the Times pretend all of this was unfathomable before 2018? Are Times readers really this corrupt and gullible? I know I especially resent it, because everything the paper says is suddenly, amazingly “in focus” was clear to me 20 years ago, and I got the same sneering condescension from my left-corrupted friends then that I get from them now, though on different topics. I’m thankful for the Clinton Ethics Train Wreck, because it started me writing about ethics on-line. But I am not letting these liars and hypocrites off the hook. Neither should you. Continue reading →

Morning Ethics Warm-Up, 11/20/18: Sad Scam, Old Movie, New Rules, Idiotic Emails, And Dead Dinner

/ Jack Marshall / 14 Comments

Good Morning…

Items of note…

1. The Johnny Bobbitt scam story continues...That heartwarming story I highlighted in an Ethics Hero post last year continues to deteriorate. Kate McClure, who conspired with homeless vet Bobbitt to persuade old softies to give over $400,000 to a GoFundMe campaign apparently blames her complicit boyfriend for the debacle.  In a recording shared with “Good Morning America”  by her lawyers, McClure is heard telling her now ex- ( I assume he’s now an ex…) Mark D’Amico,  “You started the whole fucking thing, you did everything! I had no part in any of this, and I’m the one fucking taking the fall!”

I don’t understand the reasoning of people who make this kind of argument. McClure went on TV to tell her phony story, which was about her getting stranded and being rescued by Bobbitt. How can she accuse D’Amico of “starting the whole thing”? Even if the plot was his idea, all she had to do was say “no.” “He made me do it” was always a lame excuse, and when women use it to duck accountability today it is lamer than ever. Did D’Amico hold a gun to her head? Have her parents bound and gagged as hostages? Absent those forms of coercion or something equivalent, she has no argument for avoiding accountability.

2.  “Sixteen Candles” ethics: Why didn’t anyone show this scene during the Kavanaugh hearings?  Since I’ve been wiped out with my Three Year Killer Cold, I’ve been watching all sorts of strange things on TV. Late last night it was the John Hughes 1984 classic “Sixteen Candles,” now a special target of the Officially Offended and the Political Correctness Police. Ah, those golden, halycon days when a film could get laughs with a goofy Chinese character named Long Duc Dong who could be introduced with a gong sound  every time he appeared and who inexplicably dived out of a tree shouting (in Japanese) “Bonzai!”  Cringe-producing though it is, the film still provides valuable cultural perspective.

I had forgotten the scene in which awkward, scrawny, horny young teen Anthony Michael Hall jumps Molly Ringwald not once but twice in rapid succession, misunderstanding, somehow, her friendly demeanor as a come-on. She effortlessly pushes him away both times, he is abashed, she shrugs it off, and they continue talking. Hall’s actions nonetheless would be described by many today as a sexual assault, when in the film they were originally intended to represent—and did— a typical embarrassing experiment as a maturing child explores sexual norms.

I imagine that the “attempted rape” described by Dr. Blasey Ford might well have looked just as ridiculous if it had been filmed. I also imagined Ringwald’s character, now flushed with progressive fervor and “woke,” deciding decades later to reframe the absurd encounter all those decades ago as something it was not, and crashing a now mature Anthony Michael Hall’s reputation and career to the applause of the progressive echo chamber.

Anthony Michael Hall is just three years younger than Brett Kavanaugh. Here is what he looks like now, and how he appeared when he covered Molly Ringwald like an octopus in “Sixteen Candles.” . The time frame of the film is approximately the same as the alleged Kavanaugh-Ford incident.

How can anyone seriously—not just seriously, but self-righteously and angrily— argue that the conduct of the child in a completely different cultural context is relevant to the trustworthiness of the adult? Continue reading →

If The News Media Won’t Resist Publicizing Big Lies, What Hope Is There? [Corrected]

/ Jack Marshall / 32 Comments

Here are a couple passages from two reviews of audiobooks in the New York Times Review of Books, under the heading, “Two New Audiobooks Inspire Teenagers to Make Real Change.”

“Anderson, a professor of African-American studies at Emory — working with a capable assist from the children’s nonfiction writer Tonya Bolden — elaborates on the premise of her previous book “White Rage.” There she argued that while the fires and protests that characterized cities like Ferguson and Baltimore in 2014 and 2015 were seen as an explosion of black rage, quite the opposite was true. The murders of unarmed citizens and the subsequent acquittals of police officers charged in their deaths were just the latest expressions of a white rage that had terrorized the entire country since Reconstruction, making victims of blacks and poor whites alike.”

“Such a simple but profound shift of perspective — the changing from an ahistoric lens to a historical one — is where “We Are Not Yet Equal” excels. By meticulously tracing a path from the fateful deals white abolitionists cut with the Confederacy during Reconstruction right up to the contemporary efforts to roll back voter protections as a response to Obama’s ascendancy, Anderson paints a dire picture of a country that not only combats equal citizenship for black people, but prioritizes that combat over governmental responsibilities including national security, liberty and democracy.”

“Anderson’s book is a story of obsession, of a country’s obsession with denying rights to a people.”

The reviewer is Carvell Wallace, who, like all of us, has a right to his own opinion, as does Carol Anderson, the professor whose work he favorably reviews. Neither has a right to their own facts, however.  Michael Brown was not “murdered.” Neither was Freddie Gray. Someone can opine that there was a cover-up in either case, or simply state a belief in contravention of all known evidence, but one cannot state, as fact, that these deaths were “murders of unarmed citizens” and that the acquittals, which were legally mandated by the lack of evidence sufficient to support convictions of murder, were “the latest expressions of a white rage.” They were both, in fact, the only possible expressions of the law regarding guilt and innocence of criminal offenses. Both statements are factually false. Similarly, the statement that the United States has  an “obsession with denying rights to a people”—that is, black people, is a Big Lie, a propaganda falsehood so audacious and beyond reality that it warps public perception by being repeated and debated. Continue reading →

Thanksgiving Week Launch Ethics Warm-Up, 11/19/18: Turkeys

/ Jack Marshall / 15 Comments

Good Morning.

1. This is weird. The Florida Supreme Court released a long-awaited decision concerning whether a judge’s Facebook friendship with an attorney should be  grounds for disqualification if the attorney is arguing a case before that judge. The 4-3 opinion holds that:

In some circumstances, the relationship between a judge and a litigant, lawyer, or other person involved in a case will be a basis for disqualification of the judge. Particular friendship relationships may present such circumstances requiring disqualification. But our case law clearly establishes that not every relationship characterized as a friendship provides a basis for disqualification. And there is no reason that Facebook “friendships”—which regularly involve strangers—should be singled out and subjected to a per se rule of disqualification. 

I could not disagree more. A friend request from a judge is inherently coercive, and creates pressure on the lawyer to accept. Who wants to tell a judge that he doesn’t want to be his friend? Other bar associations and courts have held that it is improper for judges and lawyers to “friend” each other if there is any chance that the judge will be presiding over the lawyer’s cases, and that is the wiser rule. My own preference would be for judges to stay off social media entirely, except for close friends and family. They can only get in trouble there.

2. And this is much weirder…Apparently an app, ‘Santa Call New 2018,’ briefly available for download at the Amazon Children’s Store, would place a call to “Santa”when kids pressed the ‘call’ button, and Jolly Saint Nick would reply, “Hello there. Can you hear me, children? In five nights, if you’re free, I will look for you, I will find you, and I will kill you.”

Amazon is investigating.

Happy Holidays! Continue reading →

Sunday Ethics Warm-Up, 11/18/18: “The Show Must Go On” Edition

/ Jack Marshall / 20 Comments

Here we are.

After a brief recovery Friday the 16th, an early morning seminar for D.C. Bar admittees yesterday crashed me entirely, which is why there were no posts. I almost didn’t make it to the end of the program, which surprised and alarmed me; the last few minutes were excruciating. But I have never cancelled a seminar, and when I do, it will be because my metaphorical chips are about to be cashed. Those who know my theatrical history will recall that I damaged my lungs in college staging and performing a professional dinner theater show six days a week (during final exams)  while I was suffering from a serious bronchitis attack; that I refused to cancel in-door performances of The American Century Theater (RIP) during snow storms, and one out-door performance during an electrical storm. Not being able to do my job and fulfill my responsibilities due to illness or injury absolutely crushes me (like many of my obsessions, this one is partially Dad’s fault: he refused to take sick days), and keeping Ethics Alarms current is the least burdensome of my responsibilities.

Once again, I apologize.

1. More apologies, Arlington High School Dept.: My ill-timed illness is also keeping me away from my 50th high school class reunion. I intended to make it, and wanted to make it: I had a wonderful time in high school, and met many of the best people I have ever known while I was there. Past reunions have been somewhat depressing for me: seeing people I remember vividly as young, vital and full of excitement for the future looking as old as they are and often feeling defeated by life makes me feel old, and the inevitable sad cases who feel he or she has to boast about successes and wonderful kids caused me stress as I barely controlled the urge to tell them off. Nonetheless, I regard attendance at such milestones as an obligation to the past, a demonstration of respect for where we have come from and the people and institutions that got us to where we are. And, of course, the more old friends who attend, the better the experience is for everyone. I wish there was a way to let my classmates know that I still think about them and care about them. This blog isn’t it.

2. Who made bad losers in politics respectable? When public trust in democratic institutions reached some yet-to-be-determined tipping point, a democracy is finished. Once, not too long ago, the tradition in American politics was that the defeated candidate—the office didn’t matter, nor did the margin of victory—conceded the race in a timely fashion, congratulated his or her opponent, and vowed to help and assist the victor as much as possible.  This not only modeled graciousness and good sportsmanship, but also protected the system. Now every election shows this healthy model being further pushed into cultural obscurity, with a new low being established in Georgia last week, when the loser of the governor’s race, Stacey Abrams, blamed her loss on a failure of democracy, refused to officially concede while admitting that she had lost, and announced a lawsuit alleging that Governor-Elect Brian Kemp and Republicans had tampered with the election without offering any proof or evidence. Well, maybe this wasn’t the new low; it would be hard to top Roy Moore.

3. The new Title IX rules. The Education Department finally released new guidance on how  Title IX, the federal statute that forbids sex and gender-based discrimination in public schools and colleges, should be enforced. This was desperately needed after the Obama Administration had muddled and corrupted the process with blatant gender bias and its infamous “Dear Colleague” letter, creating a culture that undermined free expression and due process on college campuses and due process rights for students accused of sexual misconduct. Continue reading →