Government & Politics

The Rep. Kihuen Matter And The Trouble With Witch Hunts

/ Jack Marshall / 7 Comments

Accused Congressman with unidentified woman…

After last week’s appearance on an NPR panel on sexual harassment, hosted by Michel Martin, I posted some important aspects of the topic that I felt needed to be covered, but were not because of time constraints. I wrote in part…

[T]hese accusations can be weaponized, just like rape accusations on campus. Sexual harassment law can be used as a sword as well as a shield, and if provided the chance, I can explain how and give real life examples. One is Anita Hill…

The fact that sexual harassment has to be unwelcome sexual attention in the workplace is not generally understood. It also is unique: what other acts are deemed unlawful, regardless of intent, based on how the object of those acts chooses to react? This feature is why sexual harassment law is viewed by many women and men as inherently unfair. It literally means—I have a skit I use in training that illustrates this—that if actors George Clooney and Steve Buscemi behave exactly the same toward an object of their affections in a workplace setting, and the woman involved finds George attractive and Steve not so much, Steve has engaged in sexual harassment, but George hasn’t.

“When ethics fail the law steps in,” and this is a case where the law is a terrible substitute for ethics. Men like George, and, yes, Trump and even Harvey, are convinced that their touches, hugs, gropes and kisses won’t be unwelcome, and so they don’t think of themselves as harassers. For poor Steve, Al, Louis and other homely non-billionaires, it’s worth a shot, in their mind.

Meanwhile, what is “welcome”? … Is the conduct by a man with a grope or a kiss sexual harassment whenever the woman decides she would have rather it hadn’t happened? That is the issue raised by these late allegations. Let’s say a woman was [ spontaneously ] kissed by Donald Trump, and afterwards, she said to her friends, “That was cool! Donald Trump kissed me, just like that!” Then he’s running for President, and everyone she knows hates the guy, and now she thinks, “Yuck! That creep kissed me! I was one of those women he was bragging to Billy Bush about! He harassed me!”

Is that fair? Is that right? Can a man be retroactively guilty of sexual harassment because a woman’s perception of what happened changes over time?

These and other issues were just raised in one of the latest witch hunt accusations, the claim by a former 2016 campaign staffer of Rep. Ruben J. Kihuen (D-Nev), once a rising Democratic Party star,that he harassed her.

Unlike many of the other notable men who have been run down by the Harvey Weinstein Ethics Train Wreck, Kihuen, at least so far, has been accused of the most common and least horrible form of sexual harassment. The allegations would support the case that Kihuen created a hostile work environment for his subordinate by unwelcome sexual advances.  “Samantha” says that she rejected multiple sexual overtures by Kihuen, including once when when he suggested they get a room together in a hotel. She also says that in two instances he began touching her thigh, and asked if she was open to cheating on  her boyfriend. She says these attentions made her  so uncomfortable—that’s a hostile work environment!—that she quit as his campaign finance director after only five months on the job.

If an employee made these complaints to a business’s HR department, there would be an investigation. No job action could be taken against a supervisor based on her word alone. If there was no substantiation,  the supervisor denied it and no similar accusations had been made by other employees, no company could or should fire the accused individual. Moreover, until an investigation is complete, the position must be that the supervisor is innocent, and will not be penalized pending an investigation. Any other handling of such an episode is unethical: unfair, harmful, and wrong.

Kihuen denies that he engaged in harassment. Yet Nancy Pelosi, she who insisted less than a week ago that “due process” must play out before Rep. John Conyers should have to resign after multiple accusations from women, now says that Kihuen must resign based on one woman’s allegation, before any investigation.

This is true witch hunt stuff. Nothing has been proven. By this standard, a woman can kill a man’s career with an accusation. That is a lot of power. Power corrupts. Pelosi wrote, Continue reading →

Morning Ethics Warm-Up, 12/2/17: Flying Morons, A Fake News Crash, Death By Bias, And Me

/ Jack Marshall / 55 Comments

Good Morning!

1 Moron on board. Passengers can create personal wi-fi networks o and name them what they want while flying on some airlines, like Turkish Airlines.One passenger on a flight from Nairobi to Istanbul named his wi-fi network “bomb on board.”

Brilliant. Passengers could see that the network was in operation on the plane when they used their own devices, and became, ah, upset. In a statement, Turkish Airlines said the flight made an emergency landing at the Khartoum airport in Sudan, but the flight was safely resumed after security inspections on all passengers and the aircraft.

2. Terry McAuliffe for President! A 220-page report from Timothy Heaphy, a former U.S. attorney, was commissioned by the city council to find out what  happened in Charlottesville when a white nationalist group opposing the removal of a Robert. E. Lee statue was opposed by a group including violent antifa thugs. It was released yesterday, and USA Today reports that it concluded…

“This represents a failure of one of government’s core functions — the protection of fundamental rights. Law enforcement also failed to maintain order and protect citizens from harm, injury and death.”

Among the report’s other findings:

• Charlottesville police didn’t ensure separation between counter-protesters and so-called alt-right protesters upset with the city council’s decision to remove the Robert E. Lee statue from Emancipation Park.

• Officers weren’t stationed along routes to the park, but instead remained behind barricades in relatively empty zones.

• City police didn’t adequately coordinate with Virginia State Police, and authorities were unable to communicate via radio.

• State police didn’t share a formal planning document with city police, “a crucial failure.”

• Officers were inadequately equipped to respond to the clashes between the two groups, and tactical gear was not accessible to officers.

The handling of this episode by city and state officials was a warning about how tenuous support is for core American rights and values, though the news media didn’t cover it that way. Ethics Alarms did. Here is what I wrote at the time about the Governor of Virginia, now being prominently mentions as a possible Democratic Presidential nominee…after all, he is long-time Clinton loyalist, so why not?

[We] have Virginia’s governor Terry McAuliffe, who used the power and influence of his office to declare that people holding views he does not approve of are not welcome in the Old Dominion. In the midst of some patriotic grandstanding, he said…

“You are not wanted in this great commonwealth. Shame on you….There is no place for you here. There is no place for you in America.”

This is leftist fascism, by definition. Who is Terry McAuliffe, or Virginia, or anyone, to say who can or should have a “place” in the United States of America? How is this statement applied to white nationalists any different legally or ethically from applying it to Muslims, or lesbians, or abortion advocates, or Catholics, Jews or libertarians?

It isn’t. The entire point of the Bill of Rights is that the government does not get to tell us what to thing, what we can chant, what we can protest, and where we can live.

Charlottesville’s mayor made similar sentiments known, and the result was that the police obeyed the cues, and a riot resulted.

Then the news media blamed Steve Bannon and President Trump. Continue reading →

Case Study: How The New York Times Gave Trump The Chance To Say “Fuck You” And Saved Rex Tillerson’s Job

/ Jack Marshall / 47 Comments

“Once when I was reporting, Lyndon Johnson’s top guy gave me the word they were looking for a successor to J. Edgar Hoover. I wrote it and the day it appeared Johnson called a press conference and appointed Hoover head of the FBI for life… And when he was done, he turned to his top guy and the President said, “Call Ben Bradlee and tell him fuck you.” I took a lot of static for that–everyone said, “You did it, Bradlee, you screwed up–you stuck us with Hoover forever.” I screwed up but I wasn’t wrong.”

—-Washington Post Editor-in-Chief Ben Bradley (Jason Robards, Jr.) in “All the President’s Men.”

Surely I wasn’t the only one who immediately thought about this anecdote (apparently true) from the film version of the Woodward and Bernstein book about the Post’s Watergate investigation. All yesterday, the news services were following the New York Times “scoop,” based on anonymous leaks out of the Trump Administration, claiming that Secretary of State Rex Tillerson was about to be canned within days, with CIA head Mike Pompeo, a Trump favorite, taking his place.

I know a little bit about leadership and the kind of people who get to the top of the heap, the Presidents of the United States. I also know how I would think if I disliked and distrusted a newspaper and someone betrayed me within my staff, resulting in a premature revelation of my plans. Unless I regarded a personnel matter as essential, I’d change course to discredit the leaker and make the newspaper look bad.

Sure enough, President Trump tweeted today,

The media has been speculating that I fired Rex Tillerson or that he would be leaving soon – FAKE NEWS! He’s not leaving and while we disagree on certain subjects, (I call the final shots) we work well together and America is highly respected again!

Good for him. Continue reading →

Ethics Observations On The Acquittal Of Kate Steinle’s Illegal Immigrant Killer

/ Jack Marshall / 19 Comments

Jose Ines Garcia Zarate, a serial illegal Mexican immigrant who had been deported five times and was wanted for a sixth deportation, shot young Kate Steinle in the back in 2016. Since this occurred shortly after Donald Trump, announcing his candidacy for President, had decried Mexico “sending us murderers” across the border, Zarate took on the role of Trump’s  Willie Horton.  Zarate admitted to the shooting, but said that he had just found the gun on the street, and fired accidentally. The jury found him not guilty on murder and manslaughter charges, but he was convicted on a gun charge.

Ethics Observations:

The Kate Steinle killer came back and back over the weakly protected Obama border, always committing crimes and being violent, and yet this info was not used in court. His exoneration is a complete travesty of justice. BUILD THE WALL!…The jury was not told the killer of Kate was a 7 time felon. The Schumer/Pelosi Democrats are so weak on Crime that they will pay a big price in the 2018 and 2020 Elections….A disgraceful verdict in the Kate Steinle case! No wonder the people of our Country are so angry with Illegal Immigration.

Ugh. The question before the jury was whether Zarate murdered Steinle, not whether immigration enforcement is too lax, not whether he was a bad guy, not what previous crimes he had committed. The verdict was no more disgraceful that O.J.’s acquittal, George Zimmerman’s acquittal, Casey Anthony’s acquittal, the acquittals in the Freddie Gray case, or any other acquittal where the prosecution does not prove guilt beyond a reasonable doubt.

Nobody not on the jury or the courtroom has any basis or justification to attack the verdict.

The President’s comments are embarrassingly ignorant or dismissive of the basic principles of our criminal justice system.

  • Attorney General Jeff Sessions‘ statement following the verdict was better, but still wrong:

“While the State of California sought a murder charge for the man who caused Ms. Steinle’s death—a man who would not have been on the streets of San Francisco if the city simply honored an ICE detainer—the people ultimately convicted him of felon in possession of a firearm.When jurisdictions choose to return criminal aliens to the streets rather than turning them over to federal immigration authorities, they put the public’s safety at risk. San Francisco’s decision to protect criminal aliens led to the preventable and heartbreaking death of Kate Steinle. I urge the leaders of the nation’s communities to reflect on the outcome of this case and consider carefully the harm they are doing to their citizens by refusing to cooperate with federal law enforcement officers.”

This “but for” argument is a “Back to the Future”/”Terminator” con. The fact that it was Zarate who picked up an abandoned gun that discharged and killed Steinle—this is what the jury concluded—and not a Cub Scout, a fumble-thumbed bank teller, a stoned gay guy or Pablo Sandoval is 100% moral luck.  Yes, if Zarate was in Mexico—or Iowa—Steinle might be alive today. Or maybe not.  Also if the US gave more aid to Mexico and it wasn’t such a hell hole that its citizens keep coming here illegally, she might be alive. Maybe if Zarate’s mother had been killed by an android from the future before she met Zarate’s father…

The reason to enforce immigration laws is that they are important laws and should be enforced. Steinle’s death and Zarate’s acquittal don’t affect those facts one way or the other. Continue reading →

Unethical Quote Of The Month: Detroit Attorney And Democratic Michigan AG Candidate Dana Nessel

/ Jack Marshall / 28 Comments

“Who can you trust most not to show you their penis in a professional setting? Is it the candidate who doesn’t have a penis? I’d say so.”

—-Detroit attorney Dana Nessel, a Democrat and a misandrist running for Attorney General of Michigan by suggesting that all men should be assumed to be sexual harassers and predators.

In another ad, Nessel says…

I want to tell you what you can expect me not to do. I will not sexually harass my staff, and I won’t tolerate it in your workplace either. I won’t walk around in a half-open bathrobe, and I’ll continue to take all sex crimes seriously just like I did as a prosecutor.

I wonder how feminists would react if a male candidate said,

I want to tell you what you can expect me not to do. I won’t try to influence judges to make bad rulings by wearing tight clothes and wiggling my hips. I won’t take says off because I have a period, or break down in tears under stress. I won’t try to win cases by sleeping with lawyers and judges, or not report sexual misconduct because I’ve exploited it to my own advantage.

Nessel should meet exactly the same fate as a male candidate who made those bias-promoting, sexist remarks. Continue reading →

Morning Ethics Warm-Up, 12/1/17: Moochie’s Back, And Despicable As Ever! Democratic Race-Baiting Never Went Away! And A Jury Shows Why Kate Steinle’s Shooter Keeps Coming Back To San Francisco…

/ Jack Marshall / 73 Comments

Good Morning!

(Although it was reportedly a rough morning for the former Eleanor Coulouris 67 years ago_)

Or so I was told.

1. It’s NOT okay to be white? CNN Commentator Angela Rye, formerly executive director of the Congressional  Black Caucus, told CNN audiences that “white, liberal women” were the cause of the pressure on iconic Michigan Representative John Conyers to resign from Congress. House Minority Leader Nancy Pelosi would have never called for Conyers to resign if it weren’t  the other “white, liberal women” pressuring her to do so.  Rye, who earlier in the week said that a racist double standards was causing Conyers to be pressured to resign while white Democratic Senator Al Franken was not, said,

“I think Nancy Pelosi made a commitment to the members of the Congressional Black Caucus that she would not call for Conyers resignation before due process was allowed to take place. Now she’s being faced with the pressure of white, liberal women for the most part who have told her she needs to say something different.”

Rye echoes the reported sentiment of Congressional Black Caucus member Rep. James Clyburn, who noted that all of Conyers’ accusers were white. Doubtlessly agreeing with her is Mrs, Conyers, who told reporters staking out Conyers’ home yesterday to “Go and stalk white people’s houses.”

Observations:

  • Race-baiting and using racism as an excuse for any criticism of black politicians is still the reflex response of far too many Democrats, in part because they face no consequences for doing so, and because any whites who object are tarred as white supremacists.
  • Until the news media and  progressives have the integrity to treat this tactic for what it is, and as exactly as intolerable as white racism, the nation will continue to split hard along racial lines. I guess that’s what the Left wants.
  • How can CNN justify continuing to employ a “contributor” like Rye—it has some others, too—who is a stone-cold racist?
  • How can anyone who abhors racism in all its forms continue to patronize an intentionally racial division-promoting news source that does employ someone like Rye?
  • Here, for people like Rye—you know, stupid people—are some reasons Al Franken’s situation is distinguishable from that of  Conyers: he is thirty years younger and shouldn’t have retired about a decade ago anyway; he, unlike Conyers, hasn’t flatly denied all of the allegations against him as they keep on coming; a Senator resigning is a bigger deal than a Representative resigning; and Nancy Pelosi doesn’t oversee Senate Democrats.

Also there are no reports of Franken habitually meeting with female staffers without his pants on. It’s small thing—well, not that small—but still…

2. No, really, it isn’t OK...In related news,Texas State University student journalist Rudy Martinez wrote an article entitled “Your DNA Is An Abomination”—referring to white DNA, of course—for The University Star,  the University of Texas student publication. The piece also advocated the death of whites, which is unpleasantly close to calling for them to  be killed. If you think I’m going to point out that any student who wrote this about blacks in a student newspaper would be quickly disciplined, while the newspaper editor responsible for publishing such vile material was hounded of campus, you’re right. If the University of Texas administrators had any integrity, common sense or guts, it would, this is what would happen. At least the president of Texas State, Denise M. Trauth, said that “The column’s central theme was abhorrent and is contrary to the core values of inclusion and unity that our Bobcat students, faculty, and staff hold dear.” That’s nice. Why is Texas State graduating racists? From the column:

“Ontologically speaking, white death will mean liberation for all. Accept this death as the first step toward defining yourself as something other than the oppressor. Until then, remember this: I hate you because you shouldn’t exist. You are both the dominant apparatus on the planet and the void in which all other cultures, upon meeting you, die.”

Denise Cervantes, The University Star’s editor-in-chief, pulled the column and apologized, saying “We acknowledge that the column could have been clearer in its message and that it has caused hurt within our campus community. We apologize and hope that we can move forward to a place of productive dialogue on ways to bring our community together.”

Oh, I think it was very clear in its message. Continue reading →

I LOVE IT When This Happens!

/ Jack Marshall / 21 Comments

Two recent Ethics Alarms posts collided on Ann Althouse’s blog today. She wrote that she was listening to the audiobook “The Righteous Mind: Why Good People Are Divided by Politics and Religion,”by none other than Jonathan Haidt, who uttered the Ethics Quote Of The Month recently discussed here.

In his audiobook, Haidt said that this statement “captured the spirit and self-image of the modern American left”:

“I am a liberal, and liberalism is the politics of kindness. Liberals stand for tolerance, magnanimity, community spirit, the defense of the weak against the powerful, love of learning, freedom of belief, art and poetry, city life, the very things that make America worth dying for.”

Who authored this ringing declaration of liberal principles?

Garrison Keillor, that’s who. Continue reading →

The Great Pie Controversy, or “Why Reporter April Ryan Isn’t Invited To The White House Christmas Party And Rightfully So”

/ Jack Marshall / 35 Comments

Did you miss The Great Pie Controversy? Then sit down, children, and hear the tale…

It all began when White House spokesperson Sarah Hucklebee Sanders posted a photo on Thanksgiving showing a pecan pie she baked for Thanksgiving. Above  is the  2:40 p.m. tweet.  The next day, American Urban Radio Networks Washington bureau chief April Ryan tweeted her doubts that the pie was real, implying that Sanders was a liar.  She needed to “show it to us on a table,” Ryan demanded, and had to see “folks eating it and a pic of you cooking it.”

Now, let us pause and ponder what would make someone react like that to a simple declaration that someone had baked a pie for Thanksgiving.  Why would anyone set out to embarrass and impugn an individual’s honesty over something so innocuous, based on no evidence or good reason at all? This isn’t journalism. It ‘s just meanness, motivated by sheer bias and hate. Conduct like that is so contrary to the Golden Rule that it constitutes tarnish.

And, of course, Ryan’s demands were also stupid and unreasonable. How would Sanders, where she so inclined, produce photos of guests eating a pie after it had been eaten?

Never mind. This example of disgusting and gratuitous reporter enmity was quickly picked up by the anti-Trump journalism establishment as an actual news story. Continue reading →

Ethics Dunces And Nominee For 2017 Assholes Of The Year: Ugly American Joseph and Travis Dasilva, a.k.a. “The Traveling Butts”

/ Jack Marshall / 17 Comments

World traveling married couple  Joseph Dasilva, 38, and Travis Dasilva think it’s’ cute and funny to take what they call “belfies,” as in “below-the-belt selfies” at historical, religious and cultural sites in other nations. They then post the disrespectful  photos to Instagram. Above the witty pair is shown  at Bangkok’s Wat Arun, or Temple of the Dawn, baring their asses. Unfortunately, such conduct is illegal in Thailand. The Dasilvas were arrested at the Bangkok airport, fined 5,000 baht ( about$154) each, and will be facing charges of public indecency.

Writes Professor Turley, quite correctly:

So these two travel the world showing utter contempt for historic and cultural sites, then when they get into trouble, the United States spends money and time to try to secure their release from their well-deserved arrests….It remains a mystery why anyone over the age of 4 would find this “Traveling Butts” theme to be funny. Yet, their account had more than 14,000 followers before it was deleted. I find that following far more unsettling than the fact that two adults would engage in this type of offensive conduct. 

What do you want to bet that these two boors loudly condemn the President for projecting a poor image of the U.S. abroad? Continue reading →

President Trump’s First Year: The Ethics Alarms Ethics Audit

/ Jack Marshall / 62 Comments

 

I planned to do this on November 8, but other matters intervened. Properly I should wait until January, I suppose. Yet I don’t see the grades changing significantly in a month or two.

For the most part, this ethics audit doesn’t consider policy matters. Calling policies unethical is usually a cheap shot and an expression of partisan priorities. I believe that the DACA is unethical; many believe that killing it would be unethical. I could not make a useful analysis using these kinds of controversies.

To keep this simple, I’m going to use the relevant ethical values listed in the Josephson Institute’s Six Pillars of Character, and add some extra categories at the end. As a preface, I have to say that there aren’t many surprises here. I had already concluded long ago that the concept of ethics is meaningless to Donald Trump. In Three Circles terms, he has only one circle, his own, and a Core circle unmoored to either a formal code of ethics or public standards of conduct will only be ethical by accident. I was hopeful that, like other Presidents of dubious character and troubling pasts when they reached office, Trump might make a concerted effort to adopt more traditional Presidential ways. This was always a long-shot, and so far, I see no signs of it happening.

Here are President Trump’s ethics grades through November of his first term, with comments and explanations where needed: Continue reading →