Advocacy Ethics And Larry Tribe’s “Betrayal”

Bought, believed, or both?

Bought, believed, or both?

One of my favorite topics here, the public’s (and news media’s) misunderstanding of legal ethics and the function of lawyers, recently broke into the news with a crash as progressives saw Barack Obama’s constitutional law professor at Harvard and liberal icon Lawrence Tribe go before Congress and testified against the President’s climate change initiative, the Clean Power Plan, saying that it was the equivalent of “burning the Constitution.” This has been called every name in the book by progressives, from betrayal to greed to dishonesty.

“Laurence Tribe must not have been sworn in over a Bible today before testifying before Congress, because if he had been, that Bible would have burst into flames after his phony testimony about EPA’s legal authority to set standards for unlimited carbon pollution from power plants,” said David DiMartino, adviser to the Climate Action Campaign.“But I guess we shouldn’t be surprised— a wad of coal industry money burning a hole in your pocket can make you do strange things,” he added.

Indeed, Tribe was hired to represent its interests by Peabody Energy, the world’s largest private-sector coal company, and is the company’s counsel in a lawsuit that seeks to invalidate the EPA plan. That is what lawyers do, and what they exist to do: represent citizens and companies as they seek to avail themselves of their guaranteed right to use the law to protect their interests. Continue reading →

Unethical Comment Threads: Slate’s Soulless, Cynical Hillary Enablers

The-Soulless

Hillary Clinton wiped her server clean of emails after a congressional committee had been established to investigate matters that she knew her e-mails related to and would be requested to investigate. She also made this decision after the Department of State belatedly asked her to return her e-mails for the public record as the law requires.

Destruction of documents after they have been requested by an official body authorized to do so is called spoliation. That’s intentional destruction of evidence to hide the truth: it can be illegal, and is always unethical. Moreover, spoliation supports the rebuttable presumption that the individual in charge  is attempting to cover up wrongdoing.  For an ex-government official to do this is damning; for a potential presidential candidate to do it is disqualifying…or should be, if the partisans of the party she belongs to have a shred of integrity, decency, civic responsibility or common sense.

Based on the comments on the Slate report on Clinton’s spoiliation, they may not have. Continue reading →

The Ethics Alarms “Take Down Monica Brennan!” Contest Finalists

mushroom-cloud

Early this month, I wrote a post about Christiane Amanpour’s bizarre commentary on Benjamin Netanyahu’s controversial speech before Congress. She said,

“It was a very dark Strangelovian speech painting the picture of a dystopian world, raising the spectre of a genocidal nation, a genocidal regime spraying nuclear weapons to annihilate the whole world and the whole region. Now, obviously many people are very concerned about Iran and there is a deep lack of trust, but surely the same was said of the Soviet Union all those years ago.”

I made her analysis the “Ethics Quote of the Week” on the grounds that it was so rife with bias and logical fallacies. The main thrust of the post:

Amanpour’s quote is, not to be overly blunt, stupid, ignorant, and disturbingly lacking in historical perspective. It raises ethics issues, but does not rise to the level, quite, of an unethical quote. It does raise the ethics issues of incompetence in the media, political bias robbing us all of IQ points, irresponsible journalism, and what happens when one is incapable of placing oneself behind another individual’s eyeball.  She is trying to be descriptive, so I would not term the quote itself unethical, just shocking. She has long been respected as a reporter on international events, but this statement is so devoid of its proper context that I think her credentials need to be reconsidered.

The second comment on the post came from a newcomer to Ethics Alarms, Monica Brennan, who entered this provocative defense of Christiane:

Christiane Amanpour is a highly-respected veteran foreign journalist, who has undoubtedly forgotten more about the region than you will ever know. She was born in Tehran, and educated in a Catholic school in England. She covered the Iran-Iraq war, the fall of European communism, and Gulf War I, and unlike Bill Oh,Really?, her boots were on the ground. Your hero Netanyahu was caught out as a liar, http://www.theguardian.com/world/2015/feb/23/leaked-spy-cables-netanyahu-iran-bomb-mossad, according to leaked cables from Mossad (the Iranians have enough U-204 to make a few bombs, but are neither ready to nor apparently interested in taking the next step). His apparent self-interest is in his own political future, and maintaining control over American foreign policy. And of course, he would overlook facts that do not suit him. But Amanpour knows the facts, and Bibi’s game.

The cost of yet another needless conflict in the Middle East would be Saudi oil, as one shore of the Strait of Hormuz is in Iran. Worse yet, continuance of the status quo strengthens Iranian hard-liners, whose grip becomes more tenuous with every passing year owing to demographic changes (remember the Green Revolution?). Moreover, the Iranians could build a nuke in a few years, especially with Pakistan’s help (don’t forget that they have nukes, and are only a little less crazy). And can we even AFFORD another multi-trillion dollar boondoggle in the Middle East?

The same thing WAS said of the Soviet Union. Have you seen the video of Nikita Khruschev, banging his shoe?

The art of negotiation is in knowing when to take half a loaf. This might be one of those times. Hysteria is Bibi’s stock in trade, and his speech should be seen in that light. Amanpour knows of what she speaks, and deserves to be taken seriously.

Now, I am not in the habit of siccing the articulate, sharp-elbowed and occasionally merciless regulars here on the throats of misguided commenters; I think this was only the second time I have done it.  I think it was the combination of the “your hero” crack, as if I have some kind of bias in favor of the Israeli Prime Minister, and the historically obtuse inference that the Soviet Union was just bluffing and that whole Cold War thing was a big farce that set my teeth on edge. For whatever reason, I announced a contest:

Ok, a prize for the best takedown of Monica’s historically jaw-dropping, ad hominem appeal to authority, defense of Amanpour’s bizarre take! A CD of a film, ethics classic, my choice.

There were many excellent entrees, punctuated by increasingly obnoxious retorts by Monica, who I am guessing is a grad student at some middle-tier university that is stealing her money while indulging her liberal-talking point fueled proclivities. (I ended up banning her, since she never engaged any of the rebuttals and just ranted without substance.)

I have selected the finalists, ranging from the concise to the encyclopedic. Some commenters arguably had more than one eligible comment that was prize-worthy, but I have limited the field to one per individual. Seven made the finals:

Isaac:

Well, this isn’t going to win any prizes, but…sorry…she’s also an idiot.

“Genocidal…dystopian regime” exactly describes the Soviet Union “all those years ago.” And the only reason they didn’t get to “spray nuclear weapons all over the region” is because the United States had more of them. She’s acting as if the entire Communist nightmare of the 20th century didn’t actually kill 100 million people; it was all just some red herring cooked up by McCarthy. People who aren’t idiots don’t say things like that.

Iran may not be a superpower like the USSR was, but they’re dangerous enough if your country is the size of New Jersey and they want you dead.

Inquiring Mind

When it comes to national survival, there is no such thing as “half a loaf” – are we saying that it would be okay if Iran wiped out only 49.99999% of Israel? Netanyahu knows that is a foolhardy notion at best, as should most any rational person.

Incidentally, why did the Soviets become more reasonable? Because Reagan was building up the American military – and making it a priority. He also put tons of pressure on the Soviets in other ways, like getting the Saudis to ramp up production (which killed Soviet oil exports).

Read the book Victory by Peter Schweizer for some of the real history behind the Reagan strategy that won the Cold War. Many of Obama’s political persuasion back then said the Soviet Union couldn’t be taken down. Yet Reagan did it without firing a shot in anger.

So why is it that Obama’s defenders on this react to strongly to efforts to replicate that strategy against Iran, which is no Soviet Union? Granted, this theocratic regime’s leadership may be less mentally stable/sane, but Iran presently has far less that can hurt the United States or its allies.

So, why can’t they do the responsible thing and take down this regime?

Texagg04

“Christiane Amanpour is a highly-respected veteran foreign journalist”

Brian Williams is was a highly-respected journalist. Highly respected, honestly, in those types of circles, doesn’t really mean much. It just means, you’ve done your time, shmoozed with the right people, and said the right America/Western Culture denigrating things to the right people. Great. By those standards, half the Sandimas High School Theater Club are highly-respected journalists…

“who has undoubtedly forgotten more about the region than you will ever know.”

So, probably not qualified to speak on the topic?

I’m guessing…

But either way, this is hardly a qualifier either, and if anything reveals a likely bias. Something a journalist should fight, which no doubt she doesn’t. Remember, she’s highly-respected, and in modern journalism, you have to grossly biased to be respected. And trust me, in her circles, anti-Israel bias is the norm.

“She was born in Tehran,”

Biased.

“and educated in a Catholic school in England.”

Wasn’t the author of the James Bond novels also educated in one? That’s a pretty cool factoid. I wonder if she had to wear one of those short plaid skirts…retch.

“She covered the Iran-Iraq war, the fall of European communism, and Gulf War I,”

Nifty resume. But all rounding out your appeal to authority.

“and unlike Bill Oh,Really?, her boots were on the ground.”

Bill O’Reilly has something to do with this?

“Your hero Netanyahu was caught out as a liar, http://www.theguardian.com/world/2015/feb/23/leaked-spy-cables-netanyahu-iran-bomb-mossad, according to leaked cables from Mossad (the Iranians have enough U-204 to make a few bombs, but are neither ready to nor apparently interested in taking the next step). His apparent self-interest is in his own political future, and maintaining control over American foreign policy. And of course, he would overlook facts that do not suit him. But Amanpour knows the facts, and Bibi’s game.”

You should probably educate yourself on the nuances of Geopolitics. These little things called Geopolitical Imperatives hinge exclusively on Survival. They follow a very rigid pattern, followed by EVERY SINGLE NATION, customized of course by the constraints of geography. Rule Number 1 of Geopolitics: When facing an Existential Threat, the only appropriate option is to overreact.

Let me say that again:

The 1st Rule of Geopolitics: When facing an Existential Threat, the ONLY appropriate option is to OVERREACT.

Just for Effect:

When facing an Existential Threat, the ONLY appropriate option is to OVERREACT.

When Iran says they want to wipe Israel off the map, that isn’t a joke. WORLD LEADERS do not joke. What they say is their Vision for the world. Only fools discount what World Leaders say….

Wait, let me clarify, Only fools discount what *Serious* World Leaders say…and there is no reason, none whatsoever, to believe the Iranian leadership isn’t serious. Now, in case you aren’t familiar with what an existential threat is, a nation with the capability to destroy you that declares an intent to destroy you is what we call an “existential threat”. You’ll note the root word for “existential” is “existence”.

Now, right now, Iran doesn’t possess the capability to destroy Israel. But that is Obviously what is in question. Isn’t it?

So IF Iran gains the ability to destroy Israel, what must Israel do? Refer to Rule #1. Overreact. The only option.

Well, in a game of nuclear holocaust, overreaction means that if Iran can get a bomb in 20 years, Israel has to act like it can get a bomb tomorrow. Plain and simple. He may have “lied”, but that is part of his overreaction. And he must. It is that cut and dry. It is that serious.

The one variable in all of this that can change? Iran’s hatred of Israel. Stop indicating a sincere desire to destroy every last Jew on the face of the planet (as Iran’s proxy communicated), then perhaps Israel won’t have to overreact to your desire to become a nuclear power. Funny how getting over genocidal hatred can really lead to more world peace.

Now Iran isn’t completely irrational. It probably wouldn’t nuke Israel. But one of Iran’s challenges is keeping control over it’s wildly diverse interior…one of those methods of control is Islam, what better way to inspire the faithful than to hate Jews. So they popped off about annihilating Israel. Well, Israel has ZERO reason to assume that whatever Iran says to keep control over it’s interior shouldn’t be taken seriously.

As long as Iran does not backtrack on it’s commentary about Israel’s existence, Israel must take all action to forestall or stop Iranian capability.

“The cost of yet another needless conflict in the Middle East would be Saudi oil, as one shore of the Strait of Hormuz is in Iran.”

Are you serious? Are you f-ing serious? You’re entire tone on this topic derives straight from Leftist talking points and now you are going to say we need to worry about our sources of oil? Geez… here I thought we hated wars over oil…

You have noticed, that as of late, the Saudis aren’t our primary source of oil, right?

“Worse yet, continuance of the status quo strengthens Iranian hard-liners, whose grip becomes more tenuous with every passing year owing to demographic changes (remember the Green Revolution?).”

Geopolitical rules apply just as much internally as externally. Dying creatures become desperate and do desperate things. A dying vicious creature that doesn’t want to die should be trusted even less than while it was thriving. Your comment only undermines your conclusion.

“Moreover, the Iranians could build a nuke in a few years, especially with Pakistan’s help (don’t forget that they have nukes, and are only a little less crazy).”

Does this not undermine your previous commentary about Netanyahu not needing to worry about how quickly Iran can get a nuke?

“And can we even AFFORD another multi-trillion dollar boondoggle in the Middle East?”

1) I’m not sure invasion of Iran is necessary. So this is a fallacious argument.

2) I’m not sure the invasion of Iraq was a boondoggle…well at least not until Obama royally screwed the pooch.

“The same thing WAS said of the Soviet Union. Have you seen the video of Nikita Khruschev, banging his shoe?”

Hindsight bias. Back to Geopolitics. We had no reason not to believe the Soviets when they stated their vision for the world and we had no reason to wait until they had the capacity to fulfill that vision. Another rule of Geopolitics: Wait until it is too late to act, and it will be too late to act. Therefore you must act when it may seem to early.

“The art of negotiation is in knowing when to take half a loaf. This might be one of those times.”

There’s no reason to negotiate. The West still has MIGHT…if it would just friggin care. But it doesn’t. So between War or Dishonor, it picks Dishonor. Only it will still get War.

“Hysteria is Bibi’s stock in trade, and his speech should be seen in that light.”

Geopolitical Rule #1.

“Amanpour knows of what she speaks, and deserves to be taken seriously.”

And yet, you still haven’t made a single argument for why she is right other than saying she is Christiane Amanpour.

johnburger2013

At first I wasn’t sure if this was a response from Christiane Amanpour’s PR group. I then thought about what I was taught about geopolitics during college and the comment falls right into the ‘a bad deal is better than no deal’ position in negotiations. Christiane Amanpour’s positions are striking, though not unexpected from the prevailing main stream media. The general review of Netanyahu’s speech concluded that it was over the top and full of bravado. The views expressed by Amanpour and her defenders drip with condescension and naivete. The Iranian government doesn’t care about world perceptions. In fact, the Iranian government scoffs ah the West with the highest contempt and ridicule.

I think Texagg04 sums it up with his take down, especially considering his comment about “Rule Number 1 of Geopolitics: When facing an Existential Threat, the only appropriate option is to overreact” and Jack’s many comments that a country’s prime minister or leader has a moral and ethical obligation to protect its citizenry.

History seems to suggest that genocidal thoughts shouldn’t necessarily be dismissed at the delusional ravings or a mad man. “Mein Kampf” outlined Hitler’s plans. What was the result? I recently saw a documentary called “Night Will Fall” on HBO, documenting the making of two World War II documentaries about Nazi genocide. Powerful and gut-wrenching imagery. I fully appreciate Israel’s hard-line stance with its adversaries in the region. Israel’s position is: “Well, we waited for the world to help the Jews in Europe in the 1930s and 1940s, and look where that got us. We aren’t doing that again. If Iran, Hezbollah, Islamic Jihad, or other groups openly declare their intent to destroy the state of Israel, we are going to take them at face value, believe that is their intent, and respond accordingly. Proportionality is a pipe dream. We will hit them and hit them hard.” I cannot find fault with that position.

Steve-O-in NJ

Christiane Amanpour’s credentials as a “highly respected” journalist were tarnished years ago in Bosnia when she said, when accused of being pro-Muslim (and overly emotional in her delivery) that it wasn’t important to be neutral because when you are neutral you become an accomplice. No, Christiane, when you are neutral you become a fact and truth teller, which is the job of the journalist, not to be some kind of adventurer trying to sensationalize one side or the other in a fight, whichever you might think is right. She’s also half-Iranian, hmmmmm, does anyone else here think that might at least give the appearance of bias to the point where she should be extra careful NOT to appear biased, not the other way around? The mention of her credentials vs. Bill O’Reilly’s is irrelevant to this discussion and a cheap shot to blunt or silence expected conservative criticism.

Netanyahu, a twice-wounded and decorated Special Forces captain, whose brother was killed in Operation Thunderbolt, might also know something about having boots on the ground. He also authored “Terrorism: How the West Can Win,” in or before 1988, which touched on every single issue that came to the forefront here only after 9/11. In other words, he was out ahead of the curve on Islamic terror. He also has access to a fair amount of classified material, both from the Mossad and probably other agencies, that Amanpour will never get near. Saying she knows the facts, implying she knows them better than the prime minister of one of only two democracies in the region is bare idiocy. “Control over American foreign policy?” That verges dangerously close to the old chestnut “that all the problems in the region are because of the JOOOOOOS!” Do you really want to go there?

The hard-liners’ grip becomes more tenuous each year? How tenuous can it be when every candidate for high office must have the imprimatur of the supreme leader, himself an Islamic hard-liner, unaccountable to anyone and incapable of being removed without a coup? Even in the Communist countries the leadership wasn’t THAT untouchable, witness Nikita Krushchev being pushed out by his own party when his policies became erratic and the Cuban Missile gambit failed to net him the complete win he wanted. Pakistan and Iran cooperating to build a nuke? The Pakistanis and their leaders might be a little erratic, but they know which side the bread is buttered on, and they know the US will put up with a lot from them, but they won’t put up with that.

Jack already got it precisely right as to the comparison with the USSR, and I’d argue Iran in some ways could be even more dangerous than Nazi Germany, which had similar policies aimed at the destruction of particular peoples. The Nazis and the Communists were both unspeakably evil, but they worshipped power only. Power is no good to anyone who is not alive to enjoy it. That’s why when the Germans were beaten, for the most part they surrendered, save Hitler, Goebbels and a few other extreme ones. That’s also why the USSR stepped back when they saw Reagan, Thatcher, and the other NATO leaders deploying cruise missiles that could whack them in 20 minutes and Trident submarines that they could never seriously hope to find at sea. Suicide was not high on their list of things to achieve. I would make a comparison with Imperial Japan, where it was all about dying for the divine emperor and going to meet your ancestors in the great beyond, whereas defeat meant eternal shame. It was this toxic brand of religious fanaticism that made Japanese soldiers make banzai charges until they were all dead, and pilots crash explosives-laden planes and even manned missiles into US aircraft carriers. The Iranian leadership is dangerously close to being this level of fanatic (I hesitate to use the word zealot because I think fanatic is more appropriate) and MIGHT be crazy enough to risk the horrible damage a nuclear attack on Israel might do for the sake of Allah and 72 virgins. Only a fool takes a chance on a roll of that level of dice.

Of course sometimes you take half a loaf when the whole loaf can’t be had…when you’re divvying up resources or port access or something mundane like that. Israel is dealing with a potential existential threat, and there is no such thing as half existence or half sovereignty. Faced with destruction or Finlandization any nation worth its salt will fight, and rightly so.

Monica, I don’t know you. I can’t say whether you are looking at the world through the blue lenses of the Democratic Party and therefore can’t see how anyone associated with the other side might have a point, or if you are looking through the rose-colored lenses of the pacifist and dismiss anyone who stands up to evil or tyranny as a cowboy or dangerous because he might make the tyrant angry. What I can say is that you are looking at this situation with a very incomplete set of facts, enough to be dangerous. I will also say that you are putting your faith completely in the wrong person and the wrong type of people. Journalists have their place, and it’s a very important one, but essentially scoffing at a speech from an elected national leader who’s trying to keep his nation safe while accepting a criticism from a known biased reporter with no special expertise tells me you are not looking for truth, you are looking for confirmation wherever you find it. In this case your confirmation source is dead wrong, and I am sorry to say so are you.

Michael R.

Why is she a respected reporter on foreign events? Because she has an accent and she always speaks contemptuously of the American people.

The liberal mainstream has certain facts that must be held no matter the evidence. If you just listen to them and join the correct side of history, you too can understand the wisdom of Christiane Amanpour.

Israel is wrong. They must be held to the same moral standard as European nations who aren’t facing constant terrorist attacks. By this standard, the Israelis are oppressors and need to be treated as a hate group.

Muslims can’t be held to the same standard as Israel because they are the underdogs. No Arab nation has ever attacked Israel, all those wars were wars of conquest by a brutal Israel.

The Israelis have no valid complaints about their Arab neighbors.None of them were ever stripped of their property and citizenship and forced to move to Israel.

All Israel is Palestinian territory. Jews have no business in the middle east. If they would just leave or die, the Middle East can have peace.

Iran is an ancient, civilized nation. They have a superior culture to the US and we should follow their lead in foreign affairs. They would never engage in a bitter war with a neighboring country and they super special definitely wouldn’t use any weapons of mass destruction. at their disposal (like chemical weapons). Ask the Iraqis if you doubt. They would never do anything brutal or barbaric like kidnap and hold hostage an entire embassy staff. Iran only threatens to wipe Israel off the face of the map because they are Jews and Jews deserve no better. You can always trust the Iranians to abide by any nuclear treaty. They would never build giant, secret, underground nuclear facilities that the US would be forced to disable with an advanced computer virus.

The US is always wrong. We are the most backward, most racist, most imperialistic country in the history of the world. We have built our entire country by robbing, conquering, and oppressing other countries. That is why everyone in the world hates us and no one ever wants to immigrate to the US. We need to give other countries what they demand from us, then they will like us. This is what President Obama says and our standing on the world stage has greatly improved under his guidance.

If you just submit to the unquestionable rightness of the points above, you too can be as correct and sophisticated as Mrs Amanpour.

Cal Brizzi

Jihad is not Nikita Khruschev shoe banging. Religious fanatics openly advocating blowing Israel off the Earth is not saber rattling. Couple this with the fact that Iran is a state sponsor of terrorism – this point even our apologist President concedes and we all have reason to worry. But reason and logic are trumped by soundbites in the romper room of modern day political discourse. Netanyahu is a spoiled child because he concludes that once Iran has a nuclear weapon it wont be long before Hammas, Hezbollah, Al Queda or ISIS will have a nuclear weapon (credit to the prior poster). Netanyahu further reasons that once this occurs; Tel Aviv will be first in the crosshairs. The nerve of that brat!

At the risk of waxing too dramatic, the future of our nation, and maybe the planet, depends on the ability to appreciate and address the danger of militant Islamic states possessing nuclear weapons. Israel understands the threat because they are surrounded by it – this ain’t their first rodeo. We should listen more and swagger less. American politicians should save the vitriol and name calling for the machete wielding murderers who deserve that and much more. We owe the Prime Minister an apology. This is no way to treat friends.

Sharon

You know who deserves to be taken even more seriously than the CNN reporter Christiane Amanpour regarding the crisis in the Mideast?

The Supreme Leader of Iran Ali Khamenei. And I think he would disagree with the idea that Netanyahu’s speech was Strangelovian or that Netanyahu was engaging in hysteria. I don’t think he would want anyone to imply that he is soft on Israel. And from what he has said, Israel has quite a bit to be worried about. I’m going to take his word for it. Even though Amanpour is a very respected reporter.

It is, as you can see, a strong field. I was initially going to make the selection myself, but have decided to get input from readers as well. I have given a 10 vote head start to my own choice, but will submit to the will of the assembled if another entree surpasses it when the votes are tallied. The polls are open until midnight Monday, March 30. Good luck to all!

 

Bergdahl Desertion Ethics

BoweSo Bowe Bergdahl is being tried as a deserter! Fancy that—and yet Susan Rice, the President’s National Security Advisor, told the nation, as the President was trying to pretend his decision to trade terrorists for the disturbed American POW wasn’t the cynical effort to overshadow the then raging VA scandal and to tamp down veteran groups’ rage that it was, that Bergdahl  “…served the United States with honor and distinction…”

Either Rice knew this wasn’t true—and if she were competent in her job, she would have to, wouldn’t she?—and was lying to the American public, or she didn’t know whether it was true or not, but asserted that it was true anyway, which is also lying to the American people. She is, as we already know, willing to do this—lie. And her punishment from the President, who promised transparency, for such a high profile and embarrassing lie? Nothing. What does this tell us? It tells us that Barack Obama doesn’t put a very high priority on being truthful with the public that elected him..

You know, I don’t object to making a prisoner trade to free an American soldier, even an awful one like Bergdahl, if that is the reason why it is done. I can accept it if our leaders level with the public, as in: “Sgt. Bergdahl is far from a model soldier, and may even be facing charges. But he is an American citizen, and we do not abandon our own. Even a flawed American soldier is more precious than five terrorists.” These leaders, however, don’t level, because they fear that if they did, the full disgrace of their incompetence would be known. Just as Obama doesn’t hold Rice accountable, the news media and the President’s party don’t hold him accountable for this putrid, contemptuous treatment of the American people, and Democrats allow incidents like this to rot their values from the inside out.

That’s the revolting culture that the charges against Bergdahl confirm, for those not completely rotted. Continue reading →

Now THIS Is An Unethical Lawsuit!

chuck.chuck_

A New Mexico appeals court has refused to overturn the summary judgment dismissal  of Arthur Firstenburg’s five-year-old lawsuit against his neighbor Raphaela Monribot, whom he had accused of causing him excruciating pain and discomfort by using her iPhone, a Wi-Fi connection, dimmer switches, and other electronic devices in her own home. Firstenburg says that he suffers from electromagnetic sensitivity, or EMS, an acute sensitivity to electronic radiation that doctors and and scientists almost unanimously (but not quite) believe doesn’t exist.

Because Monribot had the misfortune to live next door to this guy, she had to defend against a $1.43 million lawsuit that has racked up court costs of over $85,000, and heaven knows what in legal fees. Firstenburg is not paying for any of it because he is broke; his lawyer, Lindsay Lovejoy, had taken the case on a contingent fee basis. She decided the appeal was a lost cause: the plaintiff handled it himself.

This case will, I assume, become the new poster child for those favoring a “loser pays” system, a bad idea that would be godsend in abuses of the system like this one. Continue reading →

Protest Slogan Ethics, Lies As Enlightenment, And “Hands Up! Don’t Shoot!”

Witness 128...

Witness 128…

Today’s Washington Post Fact Checker column finally weighs in on whether of not “Hands Up! Don’t Shoot!” is a lie.  I won’t keep you in suspense: Of course it is.

As I had no ideological reason to pretend that it was otherwise, I identified the phrase as such last November. Since then, it has been wielded by athletes, journalists, members of Congress, protesters, talking heads, professional athletes, and pop stars, while contributing to getting some police officers shot. There was no need for this verdict to take so long. “Better late than never,” you say? How about better responsibly on time, as in when the facts were available to anyone with the integrity to reject a useful catch-phrase that was without basis in fact?

For some reason this is not the regular Post Fact Checker. Maybe Glenn Kessler, a partisan who makes a reasonable  effort to overcome his biases, couldn’t get around them this time, or is sick or dead or something. This Fact Checker is Michelle Ye Hee Lee, and she hardly leaves any room for doubt as she lays the blame for the whole scam squarely on the head of the late Mike Brown’s pal, Dorian Johnson, a.k.a. Witness 128. To be fair, “Hands Up” was not a lie for those who used it profligately after Johnson’s false accounts, for they sincerely, if recklessly and negligently, believed it to be true. This was Johnson’s lie, and though it was obviously self-serving, and though he was as unreliable a source as it was possible to be, confirmation bias allowed all of these good people—well, some of them are good—-beginning with Brown’s parents, to accept it as truth. It was easier for them to believe that white police officers gun down unarmed, gentle giants in the street for no reason other than their color than to question the word of Brown’s scuzzy, criminal friend. Continue reading →

Flat Learning Curve Update: Yet Another Jaw-Dropping Leadership Fail From President Obama

curve-flat

In the midst of yet another flashing neon display proving beyond all reasonable doubt that Barack Obama has the worst grasp of the Presidential leadership of any POTUS in over a century, a cheerful CNN/ORC poll found that 50% of those polled assert that Obama tenure has been a success, and 53% believe that things are peachy in the United States. It is beyond comprehension.

WARNING!

IMPULSIVE RANT FOLLOWS! SKIP TO MAIN BODY OF POST FOR RETURN TO RESTRAINED ETHICAL ANALYSIS! Continue reading →

Yes, Aaron Schock Is Untrustworthy. Why Wasn’t that Obvious From The Start?

SchlockRep. Aaron Schock (R-Ill) resigned from Congress this week, effective March 31, after it was revealed that he charged more driving miles of travel to taxpayers than he had mileage on his car. This was just the latest indication that Schock was infected with a fatal sense of entitlement, which you can read about here and  here. I’m not going to waste time declaring the Congressman unethical: obviously he is unethical. What concerns me is that he was elected to Congress three times despite being such a textbook example of a Narcissistic Personality Disorder victim that everyone should have been running away. This was a stunning instance of voters, journalists and pundits being naive, ignorant and incompetent. Continue reading →

Ethics Observations on Starbuck’s “Put Your Customer On The Spot” Program

Race together

Beginning this week, Starbucks baristas will have the option of handing coffee cups to customers on which the Starbucks employee has written the words “Race Together” as an invitation to start a discussion about race in America. Friday, each copy of USA Today will have the first of a series of insert with information about race relations, including a variety of perspectives on race. Starbucks coffee shops will also stock the insert.

Good golly Miss Molly. Where to begin? Continue reading →

Ethical Quote Of The Month: Jonathan Capehart…Big Whoop.

Hands up 3

“Now that black lives matter to everyone, it is imperative that we continue marching for and giving voice to those killed in racially charged incidents at the hands of police and others. But we must never allow ourselves to march under the banner of a false narrative on behalf of someone who would otherwise offend our sense of right and wrong. And when we discover that we have, we must acknowledge it, admit our error and keep on marching. That’s what I’ve done here.”

—— African-American Washington Post blogger and MSNBC contributor Jonathan Capehart in a Post column acknowledging that the “Hands up! Don’t shoot!” chant, hashtag, protest motto and refrain was based on the lies of Dorian Johnson.

This is unusual: a statement embodying ethical principles that arises entirely out of an unethical, unprofessional and untrustworthy world view.

It is a credit to Capehart that he has the integrity to openly admit he was wrong when the facts finally penetrated his biased, bigoted, unethically-motivated brain. He is certainly more admirable than the politicians and journalists of the left and the civil rights movement who still refuse to admit it, like Capehart’s MSNBC colleague and perpetually Angry Progressive Lawrence O’Donnell. It’s good that he apologized, in the sense that it’s better than if he didn’t, but if he were aligned with ethical advocates and advocates, his apology would be unnoticed among thousands of others. Capehart’s ability to process and admit what was, or should have been obvious months ago is not rescued from disgrace because others are even worse.

For the record, Ethics Alarms concluded that “Hands Up! Don’t Shoot!” was probably false on November 27, 2014. I don’t usually quote myself at length, but after I read Capehart’s much praised, “Well, gol-ly! Knock me over with a feather! Dorian Johnson was lying, and I used what he said to help the media, Al Sharpton and Eric Holder convince African-Americans that whites are out to kill unarmed black men! Ooopsie! My bad!” column, I gagged, and went back and read this:

How does the culture, the news media, the civil rights  industry, and politicians determined to benefit by making African-Americans suspicious, paranoid, racist and, of course, lifetime Democrats, make amends for this? How do they undo the damage to mutual trust and American society?

Obviously they don’t. They don’t even try. In fact, all indications are that they will refuse to acknowledge that the entire, national effort to portray the tragic confrontation between Michael Brown and Officer Wilson as a race-triggered execution was based on a lie that was presumed to be accurate despite much reason to doubt it.

The original claim that Brown was shot and killed after putting his hands in the air came from his friend and partner in crime, Dorian Johnson. Johnson, who already had a record of lying to police, was with Brown prior to the August 9 confrontation, and had joined him in the petty robbery that occurred just before Brown’s arrest. In his TV interviews  after the shooting, Johnson said that Wilson shot Brown in the back, causing him to turn around with his hands up, pleading, ‘I don’t have a gun, stop shooting!’ Before the grand jury, Johnson, who admitted that he hid during the incident and later ran home to change clothes so he wouldn’t be identified, even elaborated and provided minute details to his fabrication, stating under oath that the shot in his back caused Brown’s body to “do like a jerking movement, not to where it looked like he got hit in his back, but I knew, it maybe could have grazed him, but he definitely made a jerking movement.” The forensic evidence showed that Brown was not shot in the back.

Other witnesses concocted similar testimony demonizing Wilson after hearing the media’s credulous accounts based on Brown’ friend’s claims. One told the FBI that he saw Wilson shoot Brown in the back and then stand over his prone body to “finish him off.” In front of the grand jury, however, this witness acknowledged that he had not seen that part of the shooting. He explained that the false story he told the FBI was “based on me being where I’m from, and that can be the only assumption that I have.”

Sort of like Democrats have to believe such false narratives because the presence of deadly, virulent racism is core to the party’s appeal to African American voters…

Then, he admitted,  he changed his story to fit details of the autopsy once it was reported on TV.  “So it was after you learned that the things you said you saw couldn’t have happened that way, then you changed your story about what you seen?’ a prosecutor asked. “Yeah, to coincide with what really happened,” the witness replied.

Members of the community, activists, anti-police zealots and those who had observed how effective the Trayvon Martin hoodie symbolism had been in casting George Zimmerman as a racist killer (rather than as he was subsequently shown to be, an irresponsible, unbiased jerk) immediately seized on the gesture as a powerful protest symbol. Every time it was repeated in a protest or demonstration, it was Johnson’s lie multiplied, until the narrative that Officer Wilson shot an unarmed, unresisting teenaged black male who was pleading to live was imbedded in the American mind. Of course it was murder! Of course any system that does not immediately charge the rogue police officer with murder is corrupt and flawed.

I have had conversations with well-intentioned liberals in denial,who are obviously unable to think of what occurred in Ferguson any other way. Such frustrating conversations. As in the Martin case, they want the white shooter to be guilty of racism and brutality. The fact that no clear evidence will show that, as the grand jury found out, doesn’t dissuade them, even though they would nod vigorously if activists argued that prosecutors displayed racism by indicting any black suspect when eye-witness testimony was unreliable.

Oh, it is true that their confusion is compounded by not understanding what a grand jury does, or hearing references to the quote that a prosecutor can make a grand jury “indict a ham sandwich” (not recognizing that this was a criticism, or perhaps having no more regard for a young policeman’s life than they do a ham sandwich, because, you know, white cop), and that they have been conditioned to believe from their SDS veteran professors from the Sixties that police officers are not public servants but really diabolical agents of an overbearing state—not that they don’t want an overbearing state in most matters, just not where public safety…okay, it’s complicated!). Still, what most nourishes their fervor now—how I love being told that I am taking my cues from Fox News!—is the indelible image of young, frightened, unarmed Mike Brown, with his hands in the air.

How does Darren Wilson get his career, reputation and life back after a lie is promoted as fact by the media, and ruthlessly used by race-hucksters to destroy him while escalating racial distrust? How does the culture recover from this deep, self-inflicted wound?

It is not the criminal justice system that is so in need of repair, but our system of communicating important events to the public, so that bias doesn’t overwhelm truth, and we will be able to forge the right lessons from tragedies like Michael Browns death, not false lessons that leave us more ignorant, hateful, and afraid.

How was I able to write that four months ago, and Capehart is only capable of comprehending it now? It’s simple, really: I’m not an anti-white bigot, and he is.  I had no horse in this race: I was just trying to weigh the facts. I don’t have a stake, politically, racially or socially, in proving that Mike Brown was just an innocent kid hunted down and shot in the street like a dog, or proving that Office Wilson was a model police officer. Capehart didn’t pay attention to the evidence because it was a white Prosecuting Attorney who produced it, and a black—sorry, thug—who contradicted it, as a black Attorney General behaved and spoke as if he believed the thug.

Now Capehart is a believer, and why? He is a believer because the Justice Department run by that black Attorney General had to grudgingly admit that there were zero facts to support the lie that it desperately, urgently wanted to be true, so Darren Wilson could be crucified to expiate white America’s sins against the black man….and, not so incidentally, gin up black votes for the Democratic base.  Now Capehart trusts the facts, because a black AG, not a white one, endorses them.

Well, to hell with him, frankly. Why are anti-white racists with Capehart’s biases writing for the Washington Post? Must there be a black racist slot on the op-ed page now? I didn’t notice: did Obama’s EEOC pass that regulation? The New York Times has Charles Blow, and so the Post must have at least one too? Is there a black racist pundit arms race?

Who is going to apologize to Darren Wilson? Capehart didn’t do that; after all, Wilson is white. Capehart doesn’t care about whites, but wants to clear the record so future protests against police, Ferguson and white America aren’t weakened by reliance on a lie. Where are the apologies to Robert McCulloch, that presumptively racist Prosecuting Attorney who was able to avoid the lynch mob’s demands that Wilson be tried for murder by running a grand jury that got to see all the evidence for once, the scum. How dare he? Van Jones, who is treated as a respectable, rational pundit on CNN and ABC, told the latter that “If there had been a special prosecutor in Ferguson, we would have had a different result.” And we all know that a different result would be the right thing, meaneth Van. To my knowledge, Van hasn’t apologized either. I’ll lay odds that he won’t. Neither has the former governor of Massachusetts, prominently mentioned as a possible presidential candidate once Democrats finally admit that Hillary is hopeless: Deval Patrick told Meet the Press that he wanted to see Wilson indicted regardless of the facts. Nor Kasim Reed, Mayor of Atlanta, who told Meet the Press that justice meant trying Wilson for murder, based on seeing the case through the eyes of Brown’s parents, the individuals whose confirmation bias most powerfully compelled them to believe the self-serving lies of their baby boy’s pal.

Two police officers are dead, two more have been shot, uncounted whites have been targeted and beaten by angry blacks (the Justice Department hasn’t been interested in the racial implications of those attacks), Ferguson is in ruins, innocent businesses are destroyed, Darren Wilson is in hiding, and racial distrust across the U.S. is worse than it has been in decades, not entirely but substantially because people like Jonathan Capehart wanted to believe Dorian Johnson’s lie, because it fits their ideological, political, social and racial agenda. So they did.

Admitting a wrongdoing—not a mistake, but wrongdoing— is always commendable, but when it comes after such carnage, and so inexcusably late, my applause is going to not only be faint, but suffused with disgust.

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Graphic: Washington Post