Florida State Senator Frank Artiles Resigns After Calling Colleagues “Niggers”…

Obviously, we can’t have that conduct from an elected official. He had to resign; there is no question about that. Artiles was at a members-only club in Tallahassee earlier this week when he was speaking with fellow state Senators Audrey Gibson (D) and Perry Thurston (D), who are both black.  Artiles told them, in the course of an obscenity-rich rant, that “six niggers” had helped get Senate President Joe Negron  elected.

I’ll give Artiles credit for one thing: he didn’t resort the Pazuzu Excuse (“This isn’t who I am, and what I said does not reflect what I think or feel”), which is what almost all public figures in his self-authored predicament do. His resignation letter’s main section reads,

It is clear to me my recent actions and words that I spoke fell far short of what I expect for myself, and for this I am very sorry. I apologize to my family and friends and I apologize to all of my fellow Senators and lawmakers. To the people of my district and all of Miami-Dade, I am sorry I have let you down and ask for your forgiveness. My actions and my presence in government is now a distraction to my colleagues, the legislative process, and the citizens of our great State. I am responsible and I am accountable and effective immediately, I am resigning from the Florida State Senate. It’s clear there are consequences to every action, and in this area, I will need time for personal reflection and growth.

Not bad.

What the episode made me ponder is this: what does using “nigger” when speaking about a black man or woman tell us about the speaker? Continue reading →

Sexual Harassment, Victim Blaming, Toxic Corporate Cultures, President Trump’s Defense and Other Ethics Notes On Bill O’Reilly’s Fall (Part II))

The Ethics Alarms audit of the Bill O’Reilly canning by Fox (okay, technically it wasn’t a firing, but it was) continues…

9. One problem with the Left’s thinly veiled joy at getting O’Reilly is that it encourages the Right’s narrative that O’Reilly’s only crime was being conservative. Also not helping were President Trump’s interview statements about O’Reilly to the New York Times, in which he said in part,

“I think he’s a person I know well — he is a good person… I think he shouldn’t have settled; personally I think he shouldn’t have settled. Because you should have taken it all the way. I don’t think Bill did anything wrong.”

Stupid, stupid, stupid; irresponsible. Maybe two stupids and two irresponsibles. Do otherwise good people engage in sexual harassment? Of course: good people do bad things. But when a prominent individual says publicly that a sexual harasser is a good person, it sends a message that sexual harassment, like all abuse, doesn’t create a rebuttable presumption that someone is not a good person. Add to that Trump’s last statement, “I don’t think Bill did anything wrong,” and the toxic messaging is complete. Either that statement means that the President is, based on nothing, claiming that the allegations against O’Reilly are untrue, or worse, he is saying that there is nothing wrong with sexual harassment. Based on his infamous exchange with Bill Bush, there is good reason to believe that this is exactly what he means.

10. That interview, in turn, led inevitably to this fatuous and offensive article by conservative blogger Roger Simon. Sure, Roger, you dummy, O’Reilly did nothing wrong except support Donald Trump. Count the rationalizations in this piece of offal by one of the shimmering stars in the Pajama Media firmament of conservative thought-leaders.

The sad truth is the many conservatives—most?—really don’t think sexual harassment is a big deal. It is one of many ethics blind spots.

11. One conservative who lacks that blind spot—though she has lots of others—is Sarah Palin, who had this exchange yesterday with CNN’s Jake Tapper: Continue reading →

About Fox News’ Fake Judge

In a post on the Legal Ethics Forum, not as active as it once was but still one of the best legal ethics sites around, Legal ethicist and law professor Steve Lubet clarifies something I have always wondered about, and like a lazy slug, never investigated.

Fox News contributor Andrew Napolitano, most recently in the news for claiming that the British intelligence service GCHQ  colluded with President Obama to conduct surveillance on the Trump staff during the 2016 campaign, is always called “Judge Napolitano” during his appearances.  Lubet points out that he’s not a judge any more. Napolitano once served on the New Jersey Superior Court, but resigned in 1995 and has not held judicial office for more than two decades. It is apparently at Napolotano’s insistence that he is always addressed  as “Judge”  in Fox. His website, JudgeNap.com, refers to him as “Judge Napolitano” throughout, as does his bio on the Fox News site.

Lubet notes that The American Bar Association has held that  the use of  judicial titles by former judges practicing law is misleading and unethicalin connection with law practice.  ABA Formal Opinion 95-391 says that continued “use of the title is misleading because it may be misunderstood by the public as suggesting some type of special influence” or “to create an unjustified expectation.” In fact, said the ABA, “there appears to be no reason for such use of the title other than to create such an expectation.” Of course, Napolitano isn’t practicing law when he bloviates on Fox News, so it isn’t a Rules violation, but the Judge label is still misleading

The Ohio Rules of Professional Conduct, Lubet found,  goes further by decreeing that it is only ethical for a former judge to use the titles  “Judge” or “The Honorable” if they are preceded by the word “retired” or “former,” and the rule does not limit this caveat to ex-judges actively practicing law. Again, Napolitano is not out of compliance, because he is not subject to the Ohio Rules. That doesn’t make what he calls himself strictly accurate, or sufficiently accurate. (I confess, I have had a bias against such things ever since I suffered through a year with an insufferable  high school history teacher who called himself (and insisted that we call him)  “Dr. Arthur” because he had a PhD in history.) Continue reading →

Ethics Dunce: President Trump

 

The White House announced this week that President Trump called Turkey President Recep Tayyip Erdogan  to congratulate him on winning a sinister referendum that will lock-in his autocratic rule over the country and further erode Turkey’s democratic institutions, which are already on life-support, or maybe not even that. It is reported that 140,000 Turkish citizens have had their passports canceled. More than 100,000 people are at risk of imprisonment or worse  for being suspected of complicity in the recent the attempted coup: so far  71,000 of these have been detained, and 41,000 have been arrested.  Six thousand academics have lost their jobs, 4,000 judges and prosecutors, 24,000 policemen and security personnel, and 200 governors and their staff members. Seven thousand military personnel have been relieved of their posts. Fifteen universities, 1,000 schools, 28 TV channels, 66 newspapers, 19 magazines, 36 radio stations, 26 publishing houses and five news agencies have been shut down.

Erdogen has also imprisoned moderate Kurdish politician Selahattin Demirtas on the charge of inciting violence with his criticisms of the regime, and thousands of members of Demirtas’s political party, H.D.P., have been detained or arrested.

Our President’s irresponsible official response, if indeed he is aware of these developments  (it is all a mouse click or briefing paper away) was, in essence, “Hell of a job, Ergie!” Continue reading →

Ethics Quiz: Lying To The Dying, Or Trump Derangement Meets “The Magnificent Seven”

In “The Magnificent Seven,” the original classic, not last year’s disappointing re-make, Harry Luck (Brad Dexter) had always been convinced that the real reason the Seven had agreed to help a poor Mexican village fight a predatory bandit band was because the town had a secret treasure to share. (It didn’t.) Harry refuses to join the rest as they make one desperate effort to help the farmers, then at the peak of the gunfire gallops back into the village to join the battle–and is promptly shot. Dying, he begs Chris (Yul Brenner) to confirm his suspicions…

Harry Luck: Chris… I hate to die a sucker. We didn’t come here just to keep an eye on a lot of corn and chili peppers, did we? There was something else all along, wasn’t there?

Chris: Yes, Harry. You had it pegged right all along.

Harry: I knew it. What was it?

Chris: Gold. Sacks of it.

Harry: Sounds… beautiful. How much?

Chris: At least a hundred and fifty.

Harry: My cut would have been what?

Chris: About seventy thousand.

Harry: I’ll be damned. (He dies)

Chris: Maybe you won’t be.

Today’s news has another story involving lying to a dying man, a really stupid story.

Michael Garland Elliott, 75,  died of congestive heart failure in his Oregon home ,surrounded by his caregivers, neighbors and friends.  Right before the end, his ex-wife,spoke with him over the phone from her home in Austin, Texas.

She told him that President Trump had been impeached.   “I knew it was his very, very last moments,” Teresa Elliott told reporters. “I knew that would bring him comfort and it did. He then took his final breath.”

Your Ethics Alarms Ethics Quiz of the Day is…

Is it ethical to lie to dying friends and loved ones?

Continue reading →

Addendum: The Dishonest Tax Day Anti-Trump Protests (And The Misleading Defenses Of Them)

How quickly we forget…

I wasn’t going to post any more on this topic, but in 2012 CBS helpfully provided some historical perspective on the supposed “tradition” of candidates releasing tax returns. Some revelations:

1. Donald Trump was not the “first candidate since Nixon” to refuse to release his returns.

Who else didn’t? Why H. Ross Perot, the third party candidate who cost George H.W. Bush re-election in 1992! And what a coincidence: Perot was also a billionaire with complex finances and conflicts! Had he been elected, and that was not beyond the realm of possibility, he, not Trump, would have been the first President since George Washington without elected office experience or experience in military command.  Perot got almost 20 million votes  from Americans who presumable cared about other issues more than Perot’s tax returns, or his refusal to release them.

So Trump was following tradition and practice: the tradition and practice of all billionaires running for President to refuse to release their taxes. The tradition even extends to some half-billionaires: Steve Forbes, another businessman who made a strong run at the GOP nomination in 1996, also refused to release his returns.

(By the way, Perot’s returns were not a major issue in the election, nor did the mainstream media harp on it. But there was some semblance of fair journalism then.)

2. When tax returns are released by candidates, the opposition will still find reasons to object, raise suspicions, and claim that they are not enough. Mitt Romney released two years of returns, and Democrats said he was hiding something nefarious.

In 2008, Barack Obama released seven years of tax returns, then accused Hillary, his opposition for the nomination, of hiding something. “Senator [Hillary] Clinton can’t claim to be vetted until she allows the public the opportunity to see her finances — particularly with respect to any investment in tax shelters,” Obama’s spokesperson Robert Gibbs said. Continue reading →

Ethics Dunce, Judicial Division: Arkansas Circuit Judge Wendell Griffen

 

That’s the judge lying down. At least he wasn’t wearing his robe…

Arkansas circuit judge Wendell Griffen granted a temporary restraining order last week halting the Arkansas Department of Corrections from executing seven condemned prisoners within eleven days as it had planned, as Griffen barred the use of one of the ingredients in the lethal drug “cocktail.” A federal judge followed up quickly with anothee order likewise barring Arkansas from proceeding to execute anyone with a lethal injection. Mission accomplished,  Judge Griffen decided to reward himself by attending an anti-death penalty rally in which he participated with elan, playing a condemned prisoner lying prone on a lawn chair as if it was a gurney.

What fun! And what an idiot! No ethics alarms went off, despite the fact that he was flagrantly displaying his bias against the death penalty immediately after interfering with the state’s law enforcement based on a fair and objective interpretation of the law.

State officials were outraged, and argued that Griffen’s conduct proved that he was not capable of impartiality in capital cases. Ya think?

Yesterday the Arkansas Supreme Court pulled Griffen from all pending death penalty and lethal injection protocol cases. It also referred him to the state’s Judicial Discipline and Disability Commission to determine whether he violated the Code of Judicial Conduct.

Good. Continue reading →

The Dishonest Tax Day Anti-Trump Protests

All such Anti-Trump protests should be called “We Are Furious That Our Terrible Candidate And Her Corrupt Party Lost The Election And Are Throwing An Infantile Tantrum While Rejecting  Democracy and American Institutions Until We Get Our Power Back.”  That’s all they are, every one of them. At least then the demonstrations by un-American hypocrites who want to overthrow an election that didn’t go their way would deserve props for being honest.

The Tax Day protests were the electoral college protests, the illegal immigrant protests, the women rights protests (coming up: the science protests) and all the others with just a different hook. I’m sure by now there is a well-paid public relations team charged with coming up with the next one. The amount of ill-used time, public expense , inconvenience, wasted news coverage space and accumulated idiotic rhetoric such protests will generate over the next four years should be measured somehow, because it will be staggering. Is this going to be the longest, most costly, most devisive and unethical national tantrum in U.S. history? It already is.

Just to get the alleged justification for the latest sham out of the way: President Trump has no obligation, legal or ethical, to release his taxes at this point. It would be irresponsible for him to do it, in fact.

Of course, as Ethics Alarms noted during the campaign, candidate Trump’s refusal to release his tax returns was unethical: unfair to voters, a breach of transparency; and disrespectful to the process. His oft repeated reason why he “couldn’t” release them was also an obvious lie. This episode, like so many others during the campaign, demanded consequences, and there probably were some.

Who knows how many votes it cost Trump? The conduct alone did not disqualify him for election: If he were the most qualified, competent, brilliant, trustworthy, inspiring candidate the nation had seen for decades, would the mere failure to release his tax returns have caused me, or any reasonable voter, to refuse to vote for him, and instead vote for, yechhh, Hillary Clinton? Of course not.

Whatever reason there was for Trump to take this risk and refuse to abide by long practice and tradition, the gamble worked. Now, however, there is no ethical reason to reverse that decision.The original reason the decision was unethical doesn’t exist: voters had a right to see the details of that aspect of his life before choosing him to be President. He’s not running for office now, however. Now his duty is to try to do the job he was elected to do. Yes, I know the “resistance” refuses to accept or acknowledge this, but facts are stubborn things. Now, releasing the tax returns is only demanded by one set of citizens: those who already hate his guts, reject his Presidency, want to see it fail, are willing to see the nation fail if that’s what it takes, want to cobble together reasons to impeach him, and are only interested in using the returns, whatever is in them—it literally doesn’t matter—to further disrupt his attempts to do his job.

Literally nobody who either voted for the President or who wants him to succeed in dealing with the wave of problems left festering by the inept and feckless administration before his would say that allowing Democrats and other Trump foes to have a new weapon to level against his Presidency is in the best interest of the nation. The only people who want to see his tax returns  right now want them solely as a stick to beat him with.

“Show us your fucking taxes, you emotional child!” alleged comedian Sarah Silverman screamed from the podium to appreciative  Tax Day protesters. That was representative of the attitude of every individual at every one of the Tax Day protests. I wouldn’t put any ammunition, no matter how ineffective, in the hands of someone like that. It would incompetent. It would be self-destructive. It would be stupid.

Naturally, reporters are incapable of comprehending this, because they also want to bring this President down so intensely they can taste it. The pundits are already deranged: here’s Salon’s Heather Digby Parton, explaining why Maxine Waters, a career embarrassment to Congress, is a leader because she insists that she wants to impeach Trump now:

“It may seem that Waters just has a pugilistic personality and is out front because it’s her political style to mix it up. But there is a strategy at work in this. After all, it wasn’t that long ago that a president was impeached for only the second time in history and this was over a “crime” that seems laughably insubstantial compared to the possibilities that Donald Trump could face. Just for starters, Trump’s presidential campaign is being investigated in a counterintelligence probe, and the list of his conflicts of interest are so wide-ranging and so deep that almost anything could implicate him in a corruption scandal. Impeachment is really not a far-fetched proposition.”

Again, facts are stubborn things. First of all, impeachment is always a far-fetched proposition, and was intended to be.  Conviction requires two-thirds of the Senate, and unless that is feasible, the exercise of impeachment by the House is a waste of time that paralyzes the government. Bill Clinton lied under oath in a court of law and used the government to engineer a cover-up. That’s not insubstantial, except to Democrats whose position then as now was that their Presidents can do no wrong and are never accountable. Bill’s crime is insubstantial, Salon says, “compared to the possibilities that Donald Trump could face.” “Could face!” Savor that one for a bit. That’s the mindset of the entire “resistance.” These unhinged and totalitarian-listing Americans are just certain that “something is out there,” like “The X-Files,”  because it might be out there, at least in their hyper-partisan dreams. The investigation is part of the partisan anti-Trump Presidency play-book, and is about as meaningful as Republican investigations aimed at proving that the Obama Administration intentionally allowed our Libyan ambassador to die.

You see, investigations are not proof of wrongdoing. They have become weapons to insinuate wrongdoing: Joe McCarthy paved the way, As for Trump’s conflicts, “almost anything” would not constitute an actual scandal.  “Almost anything” will allow Trump-haters to claim there is a scandal, and the news media to support such claims as long as they can do undermine the President as much as they can…which brings us back to the tax returns.

If the President could plausibly believe that the news media would be fair and objective, maybe he would release his returns. All we hear is that the only explanation is that he has something nefarious to hide. That is not the only explanation. The other explanation that the news media has provide every reason for him to believe  that almost all the major news organizations are allied with his enemies, and will not fairly report on what is in the returns. Do you doubt that?  How? MSNBC reporter Morgan Radford  interviewing actress Debra Messing at a Tax Day protest, heard the former “Will & Grace” star state as fact that American democracy was “attacked and infiltrated by Russia,” ( a hysterical characterization, and pure Hillary campaign talking point—I wonder, would Messing be saying this if Russia hacked Trump’s tax returns before the election?) and responded by asking Messing the  “best way to make our voices heard” in order to “neutralize” the threat posed by the “current administration to democracy.”

Reporters aren’t even trying to be objective, don’t want to be, and are convinced their market doesn’t want them to be journalists, but activists. Thus their news organizations are refusing to enforce even minimal journalism standards. Why would any leader determined to do the daunting job facing him give these unethical, hateful hacks any assistance in warping public opinion?

CNN’s Chris Cillizza graphically illustrates how bias makes journalists stupid and untrustworthy in his feature called “The big thing Trump gets wrong about his taxes and the 2016 election.”

Taking off from the President’s typical and unhelpful “Nyah nyah, I won” tweet about the protest, Cillizza writes,

The Trump logic appears to go like this:

Democrats hit me for not releasing my tax returns during the campaign.

I won.

Ergo, no one cares about my taxes.

This isn’t the first time this sort of thinking has been deployed by Trump and his senior staff. Back in January, White House counselor Kellyanne Conway insisted that “we litigated this all through the election. People didn’t care.”

Conway’s point didn’t make sense then. And Trump’s doesn’t now.

No, Chris, your point is the umpteenth example of  journalists misreading sloppy Trump team rhetoric to make an invalid point.  What Conway meant was not that “people didn’t care.”  It was that the people who voted for Donald Trump cared about other things more. They still do. The election, after all, wasn’t about tax returns. (Similarly, those who didn’t vote for Hillary Clinton may care very much about women’s rights, but cared more about keeping the corrupt Clinton machine from getting its grubby hands on the levers of power.) The people who cared about other things more than Trump refusing to reveal his taxes still care more about those things, which now includes his having to deal with very real and very pressing problems which the tax returns cannot do a thing to solve. Because the election is over and Trump is President for the next four years, they care about his taxes even less than before in comparison to wanting him to be successful. Trump, and Conway, I and I hope you KNOW the taxes matter to the people who want to wreck his Presidency; we all know Chris cares, because it can only cause harm to the administration.

The President’s point makes perfect sense, and not releasing his returns now also makes sense.

Anything else would be deliberately crippling his ability to lead, and no responsible leader does that intentionally.

President Trump does too much of that unintentionally already.

[And may I add, boy, I’m sick or having to write about this. But then, Samuel Pepys got tired of writing about the plague.]

What Wellesley College Students Consider To Be Freedom Of Speech

A recent editorial in the Wellesley College student newspaper—Wellesley, as I’m sure you know, is the alma mater of Hillary Clinton—has justly set off ethics alarms across the political spectrum. That, at least, is good news: the hostility to free thought, expression and speech that I thought had decisively corrupted one side of that spectrum apparently is not as entrenched as I thought, or at least it is being diplomatically disguised.

The editorial with the Orwellian title of  “Free Speech Is Not Violated At Wellesley ” (it would have been accurate if the headline read “We Think Free Speech Is Not Violated At Wellesley Because Wellesley Hasn’t Taught Us What Free Speech Is”), contained several month’s worth of Ethics Alarms Unethical Quotes of the Week, such as

Many members of our community, including students, alumnae and faculty, have criticized the Wellesley community for becoming an environment where free speech is not allowed or is a violated right….However, we fundamentally disagree with that characterization, and we disagree with the idea that free speech is infringed upon at Wellesley. Rather, our Wellesley community will not stand for hate speech, and will call it out when possible.

Translation: We don’t oppose free speech. We just oppose speech we disagree with.

Wellesley students are generally correct in their attempts to differentiate what is viable discourse from what is just hate speech. Wellesley is certainly not a place for racism, sexism, homophobia, Islamophobia, transphobia or any other type of discriminatory speech. Shutting down rhetoric that undermines the existence and rights of others is not a violation of free speech; it is hate speech.

By this definition, the editorial itself is hate speech. This is the kind of rhetoric that Captain Kirk used to make evil computers blow their circuits on “Star Trek.”

The founding fathers put free speech in the Constitution as a way to protect the disenfranchised and to protect individual citizens from the power of the government. The spirit of free speech is to protect the suppressed, not to protect a free-for-all where anything is acceptable, no matter how hateful and damaging.

Now we know they don’t teach American History at Wellesley as well as philosophy and logic.

We have all said problematic claims, the origins of which were ingrained in us by our discriminatory and biased society. Luckily, most of us have been taught by our peers and mentors at Wellesley in a productive way. It is vital that we encourage people to correct and learn from their mistakes rather than berate them for a lack of education they could not control.  While it is expected that these lessons will be difficult and often personal, holding difficult conversations for the sake of educating is very different from shaming on the basis of ignorance.

Wait, wasn’t this endorsement of indoctrination written by Lenin or Stalin? Surely this section should be in quotes with attribution.

This being said, if people are given the resources to learn and either continue to speak hate speech or refuse to adapt their beliefs, then hostility may be warranted.

I’m sorry, I just ran screaming from my office and momentarily lost my train of thought.

Pointing to the worst sections of the editorial fail to convey its gobsmacking intellectual flaccidity, smug certitude and hostility to the open exchange of ideas. We know where this came from, too: the  education at Wellesley. This month, six Wellesley professors who comprise the college’s Commission on Race, Ethnicity, and Equity signed a letter maintaining that Wellesley should not allow challenges to the political and social views that the campus has decreed are the correct ones, arguing that speakers who are brought to campus to encourage debate may “stifle productive debate by enabling the bullying of disempowered groups.” Continue reading →

U.S. Journalism’s Continued Unraveling, And CNN’s Unprofessional, Unethical, Destructive Disrespect For The President Of The United States

And the 2016 Post Election Ethics Train Wreck’s carnage continues…

The degree to which the Post 2016 Election Ethics Train Wreck has engulfed the news media has shocked even me, and readers know that Ethics Alarms had  swamp-level regard for U.S. journalists long before the 2016 campaign. It has obliterated any legitimate trust a citizen could have in the mainstream media’s news judgment, objectivity and competence, and with the exception of tiny pockets of professionalism here and there (Jake Tapper comes to mind), has declared itself a partisan foe of the electoral system, and the Presidency. The double standards applied regarding Democrats and Republicans as well as the smug shamelessness with which the media has applied them cannot be condemned too harshly. Naturally, the equally corrupted members of the so-called “resistance” see none of the harm and betrayal in this, since it suits their own ends.

Ethics Alarms  can’t catalogue all of the worst examples of this; there isn’t time. Last month, for example, New York Times columnist Nicholas Kristof, who once had a conscience and a mind even as you or I, authored one of the ugliest and most disgusting pieces I have read in any reputable publication. In the disgrace titled “There’s a Whiff of Treason In The Air” Kristof issued a conspiracy theory that would be at home in the archives of Alex Jones,  Mike Cernovich, or Donald Trump in his birther days, except that so many hopeful Democrats endorse it. The column is one long, vicious smear, claiming that President Trump engaged in treason, while citing absolutely no evidence whatsoever that supports such an inflammatory accusation. I considered flagging all of the slimy, dishonest, hypocritical rhetorical techniques Kristof brings to his efforts to undermine his nation’s President, but I decided to do so would insult my readers’ intelligence: it is so obvious, particularly when one considers the Russian “ties” the Clinton campaign had to Russia. Why do the business dealings of Trump campaign personnel with Russian figures spell TREASON to the Times columnist, and the more ominous ties between Russia and the Clintons get a pass? Simple: he wants Donald Trump to be proven a traitor; his readers want it; and he, the Times and the Democratic Party that has sold its integrity and soul intends to push the accusations as long as they can cripple and delegitimize the government they oppose. Continue reading →