One Ethics Observation On The Fox Business-WSJ Republican Candidates’ Debate.

debate GOP

That was  professional,  unbiased, fair debate moderation.

Maria Bartiromo, Gerard Baker and Neil Cavuto made it look easy.

This should be a template for all future debates in either party, and between the eventual nominees.

And bravo to Neil Cavuto for his mild, pointed and well-deserved shot at his predecessors at CNBC in closing For once, a debate was about the candidates and not the moderators.

May it always be thus.

The Definition Of Irresponsible Leadership? Obama’s Keystone Pipeline Call

keystone-pipelineI am trying to find another example of a U.S. President taking action that harms the nation and its citizens while admitting that it will have no measurable beneficial effects whatsoever.

I can’t find any. I’d like to know about one, and see how it worked out.

When the Washington Post’s editorial staff essentially calls a Democratic President’s conduct an embarrassment. it really must have been embarrassing…and it was. Obama’s sole explanation for his decision, which he has, as is his style, dithered over for years, was this:

“Ultimately if we’re going to prevent large parts of the Earth from becoming inhospitable or uninhabitable in our lifetimes, we’re going to have to keep some fossil fuels in the ground rather than burn them.”

But killing the pipeline will keep no fossil fuels in the ground. So the reason really is this:

“America is now a global leader when it comes to taking serious actions to fight climate change and, frankly, approving this project would have undercut that global leadership.”

Ah. So America will show it is serious about climate change by killing a project that all agree will have no tangible, long-term, short-term, measurable effects on climate change at all. This is Obama logic, as we have seen many times: good intentions is enough; results don’t matter. If his decision won’t help reduce the risk of parts of the Earth  becoming “inhospitable or uninhabitable in our lifetimes”—a risk that is also measurable and speculative at best—then the purpose of it isn’t to prove leadership. True, it proves atrocious leadership, but Obama is cynical, not stupid. The decision is political. Its only tangible benefit is to the Democratic Party, which feels the need to make the welfare of the U.S. and its citizens subordinate to the fanaticism of the environmentalist movement. Continue reading →

Ethics Hero: 11th U.S. Circuit Court of Appeals

blog_credit_card_swipe

It’s a small victory to be sure, but those of us who want to protect free speech must take our hope from whatever sources we can.

In the case of Dana’s Railroad Supply v. Florida, the sharp-eyed Atlanta-based 11th U.S. Circuit Court of Appeals  struck down a Florida law barring merchants from imposing a surcharge on customers for credit card use.

The law allowed merchants to give discounts for cash, but would not permit surcharges for using credit cards. “Ah HA!” realized the court, This violates the First Amendment, because it penalizes businesses that want to call price differences based on credit card use a surcharge rather than a cash discount, and they are the exact same thing. “You can penalize credit card users,” the dumb law said, “but you have to call it what we tell you to call it.”

“Tautologically speaking,” the opinion said, “surcharges and discounts are nothing more than two sides of the same coin; a surcharge is simply a ‘negative’ discount, and a discount is a ‘negative’ surcharge. As a result, a merchant who offers the same product at two prices—a lower price for customers paying cash and a higher price for those using credit cards—is allowed to offer a discount for cash while a simple slip of the tongue calling the same price difference a surcharge runs the risk of being fined and imprisoned.”

“The First Amendment prevents staking citizens’ liberty on such distinctions in search of a difference.”

Love it.

___________________

Pointer and Facts: ABA Journal.

The Starbucks Stupid Red Cups Uproar Is Trivial, But The Growing Cultural Insanity That Caused It Is Not

STARBUCKS-cups

On one level, the angry protests by some evangelicals and others regarding Starbucks’ eschewing the placement of snowmen, Christmas tree ornaments, reindeer and whatever other holiday kitsch they have festooned their coffee cups with in past years is too stupid to waste time discussing. Here, read all about it if you have a strong stomach. It appears to be yet another of those issues that deserves the George S. Kaufman rebuke. [ “Mr. Fisher, on Mount Wilson there is a telescope that can magnify the most distant stars to twenty-four times the magnification of any previous telescope. This remarkable instrument was unsurpassed in the world of astronomy until the development and construction of the Mount Palomar telescope. The Mount Palomar telescope is an even more remarkable instrument of magnification. Owing to advances and improvements in optical technology, it is capable of magnifying the stars to four times the magnification and resolution of the Mount Wilson telescope.Mr. Fisher, if you could somehow put the Mount Wilson telescope inside the Mount Palomar telescope, you still wouldn’t be able to see my interest in your problem.”]

Yet the fact that not just a few recently escaped inmates of a mental institution would make an issue of the design of Starbucks coffee cups, but lots of people, is significant. Continue reading →

Unethical Maybe, Unprofessional Definitely: Saturday Night Live With Host Donald Trump

donald trump larry david snl

Last night, Saturday Night Live was terrible, even for Saturday Night Live. The skits were flat and desperate, the performances were slack and lacking energy. My reaction from the almost joke-free cold open (if an actress can’t do a better impression of Rachel Maddow than that, it’s time to hang it up) was, “They are intentionally tanking this!”

My impression got stronger as the show went on. If anything, SNL’s current young cast usually tries too hard. The key to live comedy performing is radiating energy and control, as well as communicating that you are having fun. Last night it was the mostly opposite: no energy, no enthusiasm. An off night that just happened to fall on the night that Donald Trump was hosting? Maybe. You can say my suspicions are born of confirmation bias, but I was surprised. These are supposedly pros. They should be able to deliver if they had to perform with Satan.

Trump wasn’t phoning it in. He was doing his best, and it wasn’t bad by the standards of a non-performer. The SNL cast acted as if it didn’t want to associate with him. Continue reading →

“Baretta,” The Ethics of Criminal Justice, And Keeping The Sentence From The Jury

Just stay in the box, everybody...

Just stay in the box, everybody…

Florida criminal defense lawyer has made a thorough and passionate argument on his blog for letting a jury know what the sentence is likely to be if it convicts the defendant in a criminal trial. He writes in part:

Florida juries are not permitted to know the most basic truth of a case—the potential sentence. Kind of crazy, right? Citizens are not allowed to know the sentence that will result from their verdict out of fear that such information would sway the jury’s conscience toward not guilty (God forbid a jury with a conscience!). Such fears say a lot about how harsh our criminal justice system has become. Continue reading →

Ben Carson’s Stories

ben-carson

The prevailing political foofaraw right now involves Ben Carson’s account, in his 1990 autobiography, regarding a phantom “offer” to attend West Point. Before some analysis, a word or two..

Ben Carson has no business running for President. His supporters are irresponsible and deluded. I was just on WGAN (Maine) on Arthur King’s show, and Carson was discussed. A Carson supporting caller took issue with my statement that he was flat out unqualified for office whatever had been said to him about West Point, and protested that he was a brilliant surgeon, and successfully managed his surgical team. We ran out of time, and I didn’t get to say, “So what?” Is Ned Yost a potential President because he successfully managed a baseball team to a World Series victory? Yost’s training and experience have as much correlation to political leadership as Carson’s, and arguably more. Carson has no qualifications for high office. He is easily the least qualified candidate in either field, with no management experience, no political talents, weak speaking skills, negligible presence, irrelevant education and training, and terrible political instincts. You could throw a rutabaga  into a crowd and have a good chance of hitting someone who would be a more promising President.

Wrote J. Christian Adams succinctly about the current controversy,

“[T]he incident reveals a recurring and perhaps unrecoverable trait of candidate Carson.  He just doesn’t seem to know what he is talking about, whether it be Cuba, the Voting Rights Act, or how West Point works.”

Yes, and that too.

So if this typical example of the news media blowing a relatively minor incident out of proportion because a Republican poses a threat to Democratic domination should result in Carson’s demise, good. Something has to. It is wrong, another example the double standard we are all used to; and the news media should be called on it hard. Still, if it ends the embarrassing distraction that is Ben Carson, I’m not weeping. The ends don’t justify unethical means, but that doesn’t mean that we can’t enjoy the ends anyway.

Let us pretend that Carson is a competent, qualified and deserving candidate for President, just to try to strip the bias away. How significant and serious are Carson’s various misrepresentations?

These all arise from what Carson wrote about his youth and early years in 1990, 25 years ago, when running for President wasn’t a twinkle in his eye. He…heck, we can’t pretend, because a competent candidate would be smart and experienced enough to say,

“You know, I didn’t expect anyone to read the book, I wrote most of it off the top of my head, my memory was faulty, I didn’t check the facts and I should have. The West Point story is typical. To me, it sounded like I was being told that I could get into West Point if I wanted to, and that I wouldn’t have to pay tuition, which to me meant a scholarship. I wasn’t trying to fool anybody then or now. I’m sorry. I’ve learned a lot in 25 years. I know most of our personal memories are distorted over time, and cannot be relied upon; mistakes like these turn up to varying degrees in all personal accounts. Bill Clinton says he remembered lots of church burning in Arkansas when he was growing up. Hillary Clinton said she was named after Sir Edmund Hillary, who didn’t become famous for climbing Mount Everest until six years after was born. The difference between my memory flawa and theirs was that mine can’t be attributed to political dissembling. Next question.”

If he had said that, then his other statements that didn’t check out could be explained the same way, and reasonably so. Instead, Carson and his defenders are denying, accusing, double-talking and parsing words like the Clintons. This is foolish because

I) Carson’s not as practiced at it as the Clintons,

2) …The truth is always better, and,

3) Unlike when the Clintons lie, most of the news media are looking for justifications to destroy him as it did Herman Cain. Reporters do not want to not be fair or reasonable with Carson, and certainly not complicit in deception as regularly is for Hillary. Continue reading →

Comment of the Day: “Whining”

(Pssst! John! JOHN! You're not running! )

(Pssst! John! JOHN! You’re not running! )

The resilient and provocative Charles Green offers a challenge to the underlying point in “Whining,” the recent post about efforts by some (but not all) members of the news media to pooh-pooh Republican objections to what they (and I ) regarded as outrageous disrespect and bias displayed by the CNBC panel in the recent Republican debate.

I have a five word rebuttal and bit more afterwards, but for now, here is Charlie’s Comment of the Day on the Ethics Alarms Post, “Whining.” Continue reading →

Ethics Dunce: President George H.W. Bush

Bush watchThe big news on the Bush-bashing front is that Papa Bush, #41, has a biography coming out next week, and section released by the publisher shows that he didn’t care much for his son’s (#43) staff, as well as containing other critiques.

To begin with, Bush I is a selfish jerk for allowing his biography to be released during the 2016 campaign, when it can only be used as a weapon against his sons and his party. His publishers want that, of course, because it means sales, and other than the campaign controversy angle I cannot imagine a one-term President whose biography anyone but family members would be less interested in reading. Benjamin Harrison, maybe. (But I’ve actually read not one biography of Ben, but three: Harry J. Sievers’s three-volume biography of Harrison, published between 1952 and 1968. It wasn’t my idea.) Bush, however, doesn’t need the money. His ego has obviously swallowed his common sense and loyalty, or he is being manipulated in his dotage.

That’s one obnoxious feature of the book. The worst, however, is this passage from the Times story describing a section in which Bush confesses that nearly didn’t run for re-election: Continue reading →

“Whining”

Whining

I said that we would learn a lot about individual political commentators fairness and integrity by observing their reactions to the nakedly anti-GOP bias displayed by the CNBC moderators, especially John Harwood, in the recent Republican debate, and indeed we have. To any objective analyst who isn’t poisoned by partisan prejudice—and no such analysts has any business practicing journalism until they are cured of the malady—the breach of objectivity and professionalism evinced by such antagonistic queries as…

 

  • “Is this a comic book version of a presidential campaign?” (Harwood to Trump)
  •  “I talked to economic advisers who have served presidents of both parties. They said that you have as chance of cutting taxes that much without increasing the deficit as you would of flying away from that podium by flapping your arms.” (Harwood to Trump)
  • “So what analysis got you to the point where you think this will work?” (Quick to Carson)
  • “You want to bring 70,000 pages to three? Is that using really small type? Is that using really small type? (Quintanilla to Fiorina)

…is obvious, alarming and unacceptable. Those are attacks framed as questions, and the moderators are not supposed to attack the candidates.  Debate questions should be tough; here is one of the first televised debate questions ever from journalist Sander Vanocur to Richatrd Nixon in the initial Nixon-Kennedy debate:

VANOCUR:  Mr. Vice President, since the question of executive leadership is a very important campaign issue, I’d like to follow Mr. Novins’ question. Now, Republican campaign slogans – you’ll see them on signs around the country as you did last week – say it’s experience that counts – that’s over a picture of yourself; sir- implying that you’ve had more governmental executive decision-making  experience than your opponent. Now, in his news conference on August24, President Eisenhower was asked to give one example of a major idea of yours that he adopted. His reply was, and I’m quoting; “If you give me a week I might think of one. I don’t remember.” Now that was a month ago, sir, and the President hasn’t brought it up since, and I’m wondering, sir, if you can clarify which version is correct – the one put out by Republican campaign leaders or the one put out by President Eisenhower?

Tough. Yet there is no sarcasm, or editorializing insults in the question, no mockery, as in the “really small type” crack. Indeed, Vanocur’s question could be from a friendly journalist and Nixon ally (giving him a chance to defuse an embarrassing incident) or a hostile one. That is professional journalism…ah, I had almost forgotten what it looks like! Faced with across the panel hostility, however, the 2016 class of Republican candidates had two choices: accept the status quo, represented by

  • CNN’s Candy Crowley interfering with the last 2012 debate and throwing President Obama a misleading life-line when he was being pressed by Mitt Romney on his participation in the same lie that Hillary’s e-mails exposed regarding the Benghazi attack
  • ABC’s Martha Raddatz allowing Joe Biden to flout debate ettiquette by constantly interrupting Paul Ryan in the 2012 Vice Presidential debate.
  • Anderson Cooper shutting out the one moderate in the Democratic debate, James Webb, several times not asking him questions that the other fur candidates were given chances to answer.*
  • Obvious and documented favoritism toward Barack Obama in both the 2008 and 2012 debate
  • The evisceration of Sarah Palin based on her “lack of experience” in the 2008 campaign, with Obama’s greater lack of experience virtually ignored,
  • The major news organizations, except for Fox, openly lobbying the public for Democratic proposed policy measures, like gun control, amnesty for illegal immigrants, the Affordable Care Act, and more.
  • Statistics showing that progressives outnumber conservatives in the media by more than 4-1.

…or to start objecting to it, as well as the dangerous warping of the democratic process it represents. They have, and it should be taken as a non-partisan boon to the nation.

It is not healthy, and indeed dangerous to have journalists so lopsidedly supporting  one party against  the other, so allied with the government, and so far from objective. The danger, and the fact that CNBC crossed any reasonable limits of bias and unfairness  were immediately acknowledged by such predictable liberals as Juan Williams, Piers Morgan, Tina Brown’s Daily Beast, Bill Maher, and Carl Bernstein, among others.

Another segment of the media, however, those who believe that their occupation gives them the license and obligation to tilt news reporting and public opinion the “right” way, as well as Democrats, who hope to hold on to power with the news media as their front line, hit on a proven strategy from the playground to marginalize and trivialize the issue. Dismiss the complaints as “whining.”

Those who abuse their power to the detriment of others have always used this unethical tactic. Continue reading →