A Banner Day For Unfairness, Pettiness, Dishonesty, And Hypocrisy, Raising The Ethics Query: How Low Can Democrats And The News Media Go?

February 3, 2017February 3, 2017 / Jack Marshall / 21 Comments

Actually, mudslinging would be an improvement…

…as well as the related queries..

1. How low do they think they can go without alienating every American with a conscience and a brain?

2. Does any leader with integrity, courage and influence exist in either journalism or the political left to call out this escalating madness?

Yesterday was a stinking garbage scow of unfiltered anti-Trump hate and public deception.

The Prayer Breakfast Freak-Out: I wondered if the Washington Post, which has made very clear its own attitude regarding prayer (and religion generally), would have the gall to criticize the President for not being sufficiently pious during yesterday’s Prayer Breakfast. Just two weeks ago, the Post mocked the Secretary of Agriculture nominee for once “praying for rain.” (The mocking headline has been scrubbed now) Sure enough, the Post did have such gall; so did MSNBC and other media outlets that regularly display contempt for the genuinely religious, a significant majority of whom are conservative and Republican.

The critics of the President’s comments care nothing about prayer, basically like me, but unlike Ethics Alarms they are willing to plow new ground in hypocrisy by using this superfluous event to launch more gratuitous outrage. The Prayer Breakfast has the same origins as the addition of God to the Pledge of Allegiance. It was an anti-Godless Communism grandstanding stunt by Fifties era Republicans at the height of their Red-Baiting mode. Now the same anti-religion liberals who routinely condescend to the faithful, and lobby for taking all references to “God” out of official documents, the same anti-religious zealots who have condemned Betsy DeVos for her support of Catholic schools, are deeply, deeply offended that the President joked about “The Apprentice” at a Prayer Breakfast.

The Frederick Douglas freakout: The President spoke of Douglas in the present tense in his random remarks about Black History Month on February first, prompting multiple cheap shots and despicable contrived insults. The Post wrote yesterday, Continue reading →

Comment Of The Day: “More Culturally Subversive TV Advertising: FarmersOnly.Com’s Bigotry”

February 2, 2017February 2, 2017 / Jack Marshall / 60 Comments

Shutup, in contrast, DOES get it, whatever it is…

A delightfully articulate and analytical reader with the intriguing name“Shutup” sent along today’s Comment of the Day, on the post on the Farmers Only.Com ads, which encourage the bigotry and divisiveness we are increasingly seeing in our country. In his trenchant commentary, reminiscent of Shaw or Mencken, he interestingly labels your humble host a “libtard,” and perhaps as a result, seems to misunderstand the purpose of an ethics blog. For Ethics Alarms never tells anyone what to do; it just explains what one’s ethics are when one does it, and why it may not be wise.

I also offer the comment, which is of the stripe that usually does not make it out of moderation, console disconsolate Hillary fans that the sightings of free range deplorables may be more than mere rumor after all.

Here is Shutup’s Comment of the Day on the post, “More Culturally Subversive TV Advertising: FarmersOnly.Com’s Bigotry”

We will not be hearing from him again.

And welcome to my world… Continue reading →

Ethics Observations On Berkeley’s Anti-Speech Riot

February 2, 2017February 2, 2017 / Jack Marshall / 139 Comments

From SF Gate:

A protest at UC Berkeley over a scheduled appearance by right-wing provocateur Milo Yiannopoulos turned fiery and violent Wednesday night, prompting police to cancel the event and hustle the Breitbart News editor off campus. But even after the event’s cancellation, hundreds of protesters spilled off campus into the city streets, where the violence continued as they confronted drivers, engaged in fights, smashed storefront windows and set fires.

Protesters decried President Trump’s policies as much as they did the visit by Yiannopoulos, a gay conservative who has been making the rounds at college campuses across the country with his “Dangerous Faggot” talks, specializing in remarks meant to insult, offend and disgust liberals who disagree with his ideas.

Explain The Reasoning Process Of This School System, Please…

February 2, 2017February 2, 2017 / Jack Marshall / 19 Comments

Hate speech. Sorry. The lesson has to be “Some states fought the Union over something or other, waiving a flag that we can’t show you because it’s dangerous.” Quiz tomorrow.

President Trump’s nominee for Secretary of Education is facing the closest Senate vote on any cabinet member ever, in part because two Republican Senators (what the Democrats say doesn’t matter, since they have decided not to cooperate in the governing process) question whether Betsy DeVos “understands the public schools.” In her defense, I don’t see how anyone could understand public schools, especially when they behave like this one…

In Folsom, California, the family of an African American 8th grader filed a complaint against Sutter Middle School history teacher Woody Hart. Tyrie McIntyre’s son had asked Hart for a definition of equality during a discussion of the U.S. Constitution. The teacher allegedly told his eighth-grade class, “When you hang one black person, you have to hang them all. That is equality.” At least that is what Tyler McIntyre, 13, thought Hart said. Tyler, one of only a handful of black students in the class and school, felt embarrassed.

Hart, 70, didn’t deny his student’s account, but explained in an interview that he made the comparison because he was trying to make the discussion “interesting” and “express something that would catch students’ attention.”

“Here’s what I said: ‘If you hang black people in the South, that means that you hang any black person who comes from outside the state. ”

Hart also said that he has spent much of the year teaching his students about racial equality. If that’s the clarity, logic and accuracy with which he taught it, a remedial course, indeed several, may be required.

After the complaint, Principal Keri Phillips interviewed six students chosen at random, all of whom heard Hart give “hanging all blacks” as an example of how states treated individuals under the Constitution. She said that Hart has been told to henceforward use examples “at a level that eighth graders can understand,” avoid stereotypes or culturally insensitive language, and must rely on “very simple analogies that do not focus on the controversy” during lessons involving challenging material.

McIntyre said that this doesn’t address his concerns. “My issue wasn’t the context,” he said. “It was the content. There was no way to justify the statement that he made.”

That’s exactly right, because the statement that “If you hang black people in the South, that means that you hang any black person who comes from outside the state” isn’t insensitive or “too complex” for an 8th grader. It’s stone-cold stupid, bad logic, bad history, and bad teaching. An example that is “at a level that an 8th grader can’t understand”? I’m worried about anyone who thinks he does understand Hart’s example. That the teacher thinks it makes sense tells me that it is an unacceptable risk to allow Hart to teach any subject to anyone.

Nonetheless, Woody Hart was allowed to keep teaching, because public schools. Ah, but last month, he really crossed the line, or whatever it is that causes schools to ding teachers. Teaching the students about the Civil Way, Hart showed them…

A CONFEDERATE FLAG!!!

Continue reading →

Supreme Court Vacancy Ethics: A Competent Choice, An Unethical Announcement, And An Irresponsible Reaction

February 1, 2017February 1, 2017 / Jack Marshall / 106 Comments

You know, if every day is going to set off multiple political ethics controversies, I’m not going to have time to write about lobster hats.

Last night, President Trump selected Colorado federal appeals court judge Neil Gorsuch as his Supreme Court nominee.

A. The Choice

Except for those who literally are determined to freak out and condemn anything President Trump does, this was a competent, responsible choice. He would be one of the best of the available choices for any Republican President, more qualified than Obama’s snubbed selection, Merrick Garland, to fill the same vacancy, and Garland was certainly qualified. It’s ridiculous that Gorsuch is one more Harvard grad on a Court that is exclusively Harvard and Yale, but that aside, he adds some diversity of outlook by being from the middle of the country rather than the coasts. He writes clearly, unlike, say, Justice Kennedy, and is not a pure political ideologue, like Ginsberg or Alito.

Before the Democrats’ rejection of Robert Bork shattered the tradition of allowing every President the privilege of having his SCOTUS nominations approved absent real questions about their competence or honesty, a nomination like this one would have garnered bipartisan praise. Trump made a responsible, competent, choice. Really. He did.

B. The Announcement Continue reading →

For Those Who Are Confused, Here Is An Excellent Explanation Of Why Biased Mainstream Media “Fake News” Is More Sinister Than Hoax News Stories

January 31, 2017January 31, 2017 / Jack Marshall / 25 Comments

I don’t feature Victor Davis Hanson’s commentary as much as I probably should. It’s my bias against being unjustly seen as biased: he’s an eloquent and thoughtful conservative scholar, but is almost completely embargoed by liberal websites and media. I have a difficult time fighting off efforts to pigeon-hole Ethics Alarms as a conservative blog as it is, and citing a prominent conservative Hanson is seen by many as a smoking gun.

Nonetheless, as we live through the Fake News Ethics Train Wreck, a caboose on the 2016 Post Election Ethics Train Wreck, Hanson’s latest commentary is a shaft of light. I have consistently referred to partial, distorted, badly reported, slanted or misframed news stories (like the current reporting of the Sally Yates betrayal as an act of principle and courage, rather than what it was: a politically motivated breach of professional ethics) as the real and sinister “fake news,” even as the mainstream media has pointed to the other kind—completely fabricated news—to distract from its own partisan, unethical reporting. Many commenters here have protested that the former isn’t truly “fake news.”

Hanson knocks that claim out of the park (Spring Training is fast approaching, so baseball metaphors are on my mind) , using many of the examples Ethics Alarms has cited previously. It is well worth reading.

Here is his essay, Fake News: Postmodernism By Another Name.

From The Sally Yates Misinformation Files: Senator Diane Feinstein, Ethics Dunce And Incompetent Elected Official Of the Month

January 31, 2017January 31, 2017 / Jack Marshall / 33 Comments

Biased, hypocritical and ignorant is no way to go through life, Senator…

Adding to the ignorance and misinformation drowning ethics comprehension regarding the Sally Yates affair, Sen. Feinstein used her questioning of Attorney General designate Jeff Sessions this morning to misrepresent the ethical duty of that office. (I don’t have a link yet, since I just watched it on C-Span.)

First, Democratic Senator Feinstein set some kind of modern political record for gall by asking Sessions for assurances that he would objectively and independently represent the justice system and the people, and not be a “political arm of the White House.” A political arm of the White House (and the Democratic Party) is exactly what Eric Holder’s and Loretta Lynch’s Justice Department were, and the Senator knows it and never raised her voice in opposition to it for eight years! The question is a fair one, but she is estopped from asking it. Indeed, for any Democratic Senator to ask that question is tantamount to deceit, suggesting that the previous Justice Department met the standard Feinstein is demanding that Sessions acknowledge.

This is the unethical double standard mindset that Democrats have been displaying since November 8.

Following that master class in hypocrisy, Feinstein lauded the justly fired Sally Yates for embodying that ideal. Feinstein is ignorant of what lawyers do and the ethical principles their profession obligates them to follow, apparently. Continue reading →

More On The Unethical Sally Yates: Her Conflict Of Interest Deception

January 31, 2017January 31, 2017 / Jack Marshall / 22 Comments

…and you shouldn’t have accepted the job, either.

Here is another ethics aspect of the disgraceful Sally Yates episode that the complicit news media isn’t covering: it was unethical for her to accept the job of acting Attorney General in the first place.

She had an apparent conflict of interest when she was offered the job. This is indisputable; it’s just being ignored by fawning partisans. Here is the applicable ethics rule of Yates’ bar and jurisdiction:

Rule 1.7–Conflict of Interest: General Rule

(a) A lawyer shall not advance two or more adverse positions in the same matter.

(b) Except as permitted by paragraph (c) below, a lawyer shall not represent a client with respect to a matter if:

(1) That matter involves a specific party or parties and a position to be taken by that client in that matter is adverse to a position taken or to be taken by another client in the same matter even though that client is unrepresented or represented by a different lawyer;

(2) Such representation will be or is likely to be adversely affected by representation of another client;

(3) Representation of another client will be or is likely to be adversely affected by such representation;

(4) The lawyer’s professional judgment on behalf of the client will be or reasonably may be adversely affected by the lawyer’s responsibilities to or interests in a third party or the lawyer’s own financial, business, property, or personal interests.

(c) A lawyer may represent a client with respect to a matter in the circumstances described in paragraph (b) above if

(1) Each potentially affected client provides informed consent to such representation after full disclosure of the existence and nature of the possible conflict and the possible adverse consequences of such representation; and

(2) The lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client.

(d) If a conflict not reasonably foreseeable at the outset of representation arises under paragraph (b)(1) after the representation commences, and is not waived under paragraph (c), a lawyer need not withdraw from any representation unless the conflict also arises under paragraphs (b)(2), (b)(3), or (b)(4). Continue reading →

Sally Yates Is Not A Hero. Sally Yates Is An Unethical Lawyer, And “Betrayal” Is Not Too Strong A Word For Her Conduct

January 30, 2017January 31, 2017 / Jack Marshall / 47 Comments

When you read pundits, journalists, your Angry Left Facebook friends and even a few misguided lawyer proclaiming Sally Yates a hero, trust me, they either don’t know what they are talking about, or they are have allowed bias to make them stupid. The Justice Department’s acting Attorney General who was fired minutes ago for refusing to defend President Trump’s Executive Order regarding Middle East immigration was not acting heroically. She was acting as a partisan, political operative, and by doing so, breached her duties an attorney as well as the District of Columbia Rules of Professional Conduct.

And I do know what I am talking about.

Yates was a holdover from the Obama administration, but to an ethical lawyer, that wouldn’t have mattered. Her client hadn’t changed; it is the United States of America. Neither had her professional obligations. Her client was still the government of the United States, and she was still duty bound to defend its laws, as determined by the legislature and the executive, the President of the United States. Under the Rules of Professional Conduct of the jurisdiction in which she practices, the District of Columbia (the Rule is 1.13) Yates had but one ethical option if she determined that her client wanted to engage in conduct she deemed illegal, repugnant, or unwise. Having made her concerns known, she could resign (Rule 1.16) , and quietly. She is duty bound not to harm her client during the representation (Rule 1.3, of which the District has an especially tough version), nor make public statements, or statements she has reason to believe will be made public, that breach her duty of loyalty. In defiance of all of that, tonight Yates stated, in a letter to her department’s lawyers,

“At present, I am not convinced that the defense of the executive order is consistent with these responsibilities, nor am I convinced that the executive order is lawful.”

The only ethical conclusion of that statement is “therefore I am withdrawing.” Yates said that her decision not to defend the order included questions not only about the order’s lawfulness, but also whether it was a “wise or just” policy. That’s not her job. Lawyers are not permitted to substitute their judgement for their clients.

She was fired, and should have been. She should also be the subject of am ethics inquiry. This has nothing to do with the merits of Trump’s order. Former Harvard professor (and legal ethics prof) Alan Dershowitz, hardly a GOP flack, said tonight that Yates’ decision wasn’t legal, but political. Exactly. As a lawyer, she should have made her position clear from a legal perspective to the President, and then either followed his directive or quit. Her rogue announcement contradicted a finding by the Justice Department’s Office of Legal Counsel, which approved the executive order “with respect to form and legality.” Nor did her outrageous grandstanding require courage. She was not going to keep her job anyway, so she decided to abuse the trust of the President to encourage partisan Trump-haters to hoot and applaud for an act of legal ethics defiance. (Ethics rules don’t apply when Donald Trump is involved, haven’t you heard?)

Yates is also a hypocrite. The Holder Justice Department, of which she was a part, defended multiple Executive Orders by President Obama that were legally dubious, and other actions as well. That Justice Department was one of the most disgracefully partisan within memory, a neat trick, since we have had a couple of decades of unethically partisan Justice Departments. Yates showed her pedigree tonight. She used her position as an attorney–the highest one there is—for her client, the United States, to undermine her client’s objectives, publicly and to her client’s detriment. The Trump administration has called this a betrayal.

That’s exactly what it is.

(More here..)

The Easy Ethics Verdict On Trump’s Middle East Immigration Suspension

January 30, 2017January 30, 2017 / Jack Marshall / 39 Comments

There are three steps to evaluating the ethical nature of any law or government action. The first is what was done. The second is how it was done. The third, and usually most difficult to assess, is why it was done, and whether the measure’s objectives are ethical, including whether the measure can reasonable be expected to accomplish them. . What President Trump’s controversial Executive Order temporarily halting immigration from seven Muslim nations is was covered in the previous post on the subject. Thanks to the fact that our mainstream journalists are incapable of reporting some news events without allowing their biases to distort or confuse the facts, the what was misrepresented to the public, and that misrepresentation is reflected in most discussions of the relevant issues on the web.

How the measure was implemented is an ethics issue, as this involves competence, responsibility, accountability, diligence and leadership.

The Executive Order was incompetent and irresponsible.

There, that was easy.

It’s nice to be able to post an analysis here that nobody will disagree with. Usually I don’t even bother posting such verdicts.

The sudden order (you can read it here) caused world-wide confusion. Passengers were barred from flights to the United States. Customs and border control officials received notice and instructions in the wee hours of the morning, and many began work without knowing what they were supposed to do. The order blindsided Trump’s cabinet—what there is of it so far—including Homeland Security chief John Kelly and, incredibly, “Mad Dog” Mattis, the new Secretary of Defense, who was not consulted by the White House during the preparation of the order and was not given an opportunity to provide input while the order was being drafted. Mattis did not see a final version of the order until a few hours before President Trump arrived to sign it at the Pentagon. Now he really has reason to be be mad. Continue reading →

Ethics Alarms

An ethics commentary blog on current events and issues

Government & Politics

A Banner Day For Unfairness, Pettiness, Dishonesty, And Hypocrisy, Raising The Ethics Query: How Low Can Democrats And The News Media Go?

Comment Of The Day: “More Culturally Subversive TV Advertising: FarmersOnly.Com’s Bigotry”

Explain The Reasoning Process Of This School System, Please…

A CONFEDERATE FLAG!!!

Supreme Court Vacancy Ethics: A Competent Choice, An Unethical Announcement, And An Irresponsible Reaction

For Those Who Are Confused, Here Is An Excellent Explanation Of Why Biased Mainstream Media “Fake News” Is More Sinister Than Hoax News Stories

From The Sally Yates Misinformation Files: Senator Diane Feinstein, Ethics Dunce And Incompetent Elected Official Of the Month

Sally Yates Is Not A Hero. Sally Yates Is An Unethical Lawyer, And “Betrayal” Is Not Too Strong A Word For Her Conduct

The Easy Ethics Verdict On Trump’s Middle East Immigration Suspension

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A CONFEDERATE FLAG!!!

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