“It’s A New Week!” Ethics Warm-Up, 5/3/2021: Good Day Edition

Bad, BAD week last week, and not just for me. It was a bad week in ethics, and because of my own shortcomings, I wasn’t able to properly provide a path through it. This week will be better, starting today. At least if I have anything to say about it…

1. From “the rest of the story” files: Remember when Jonathan Papelbon attacked Bryce Harper in the Washington Nationals dugout? It was 2015, and pretty much marked the end of relief ace Paplebon’s career. Harper went on to become a mega-million dollar free agent after the 2018 season, when he signed with the Phillies for a ridiculous 30 million dollars a year long-term contract. Papelbon finally resurfaced in Boston this season as an amusingly unrestrained analyst for NESN, which broadcasts the the Red Sox games. And I recently discovered how almost right he was to accost Harper, if admittedly a bit too enthusiastically. The prompt for Pap to go grab Harper by the neck was the latter loafing down the line as he barely ran out a ground ball. Harper’s periodic lack of hustle had been a source of annoyance for years (to be fair, he was “only” being paid 2.5 million bucks to play hard in 2015), but I just saw the stats for his last year in Washington. Having been a plus-defensive player in previous years, Harper stopped hustling entirely in 2018, both in the field and on the bases. Though he had once saved over 20 runs in a season in the field alone, in his free agent year Harper cost his team over 20 runs that year, making sure he stayed healthy for the big payday to come (to be fair, he was “only” being paid 21.6 million bucks to play hard in 2018). As soon as he had a guaranteed contract with Philadelphia, Harper started playing hard again, dashing around the bases and diving in the outfield.

Both Papelbon and Harper were jerks during their careers, but nobody could accuse “Pap” of not doing his best to win for the fans, his team, its city and his team mates every single time he stepped onto a baseball field.

2. Not Harvard this time: it’s back to Georgetown! Both of my schools’ diplomas are turned to the wall of my office in a symbolic protest against their continuing unethical policies and conduct—-I’m not sure what more I can do to signal my contempt and embarrassment. Now it’s Georgetown’s turn again—I worked for the University for five years after I graduated from the Law Center—to make me wish I had graduated from a school with some integrity. Though it has been notably un-covered by the mainstream news media, Georgetown Professor Michele Swers read the words of a Ku Klux Klan leader in her “U.S. Political Systems” class for the college, but because she “did not censor” the word “nigger,” a large contingent of her students sent a smoking gun letter letter to Swers and the college’s diversity office, demanding that she apologize profusely, review all future presentation and lecture material for potential bias;  and demonstrate her “understanding of the history of the N-word and why it is inappropriate for a non-Black person to say it in any context, including an educational context.” [Pointer: Steve Witherspoon]

So far, I can find no record of a response from the university or the professor, but writing of the incident, Prof. Turley says in part,

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Sunday Morning Ethics Warm-Up, 4/25/21: “Genocide,” Crisis” And “Honeymoon”

John-Tenniel-Humpty-Dumpty

The good news is that I’m back at the keyboard, though at a ridiculous hour. The bad news is that I’m here because I’m out of pain-killers, and my mouth is killing me. [UPDATE: I started this post at 3 am, couldn’t continue, and now it’s after noon. I’m clearly a weenie. I’m pretty sure my father endured worse pain than I am dealing with all through his life and repeatedly after his foot got blown up in the war, and he never complained once…]

Yesterday marks a great moment in ethics, and my plan was to mention it on time. On that date, April 24 in 1863, Francis Lieber, a Prussian immigrant whose three sons served in the Civil War, created what became General Orders No. 100. Reflecting his many writings on the topic, it was a code of conduct for Federal soldiers and officers when dealing with Confederate prisoners and civilians. The code was subsequently borrowed or adapted by many European nations, including influencing the Geneva Convention. Unique when it was written, Lieber’s code was the product of a committee of four generals and Lieber, who were tasked by Union General Halleck to draft rules of ethical combat. The the 157 articles established regulations and standards for the treatment of prisoners, exchanges, flags of truce, and much more. The document was written almost entirely by Lieber, and there was nothing like it.

1. President Biden does the ethical thing that President after President didn’t have the guts to do…He finally authorized referring to the Ottoman Empire’s Armenian genocide as “genocide.”

Good. Any President since 1916 (that’s Woodrow Wilson through Trump) could have made official the historical reality, but keeping our Turkish allies happy by enabling their long denial was deemed more pragmatic. Of course what the Ottoman Empire did to its Armenians was genocide. An estimated 800,000 to 1.2 million Armenian men, women, children, elderly and ill Armenians were marched to the Syrian desert in 1915 and 1916, with many thousands killed on the way. There they were placed in concentration camps. After another wave of massacres in 1916, only 200,000 of those deported survived. Many of these were forcibly converted to Islam and integrated into Muslim households. Still more massacres and ethnic cleansings of Armenian survivors were carried out by the Turkish nationalist movement after World War I. Naturally, the Armenians’ property was confiscated in the process. The genocide reduced the Armenian population of the Ottoman Empire by an estimated 90%

2. And yet, ironically, the same administration refuses to use the word “crisis” to describe the current illegal immigration mess at the Mexican border, a crisis entirely created by Biden’s implicit invitation to aliens to break our laws and eventually benefit from doing so. Thus Politico, part of the Left’s propaganda and disinformation apparatus, sent out a memo to staff telling them not to use the term “crisis,” and to “avoid referring to the present situation as a crisis, although we may quote others using that language while providing context. While the sharp increase in the arrival of unaccompanied minors is a problem for border officials, a political challenge for the Biden administration and a dire situation for many migrants who make the journey, it does not fit the dictionary definition of a crisis. If using the word ‘crisis,’ we need to ask of what and to whom.”

The situation indeed fits the dictionary definition of “crisis.” Politico also doesn’t seem to be troubled at all that it and every other news source referred to a similar but far less massive wave of children showing up at the border when Trump was President as a “crisis.”

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The Democratic Party Has Announced That Discrimination Against Asian-Americans Can Be Justified

It can’t.

This was a significant and revealing vote in the Senate last week in many ways.

Senate Democrats united to vote down an amendment from Senate Republicans designed to bar “Federal funding for any institution of higher education that discriminates against Asian Americans in recruitment, applicant review, or admissions.” The addition was proposed for the grandstanding Senate legislation called the “COVID-19 Hate Crimes Act” that would require “expedited review of hate crimes” by the Department of Justice with “online reporting of hate crimes or incidents” and “expand public education campaigns aimed at raising awareness of hate crimes and reaching victims.”

This unnecessary legislation, sponsored by Hawaii Senator Mazie Hirono, passed the Senate 94-1, because nobody is against “hate crimes.” Yet oddly, the Democratic Party, at least in the Senate, appears to be in favor of discrimination against Asian Americans. Why is that? The Yea-Nay vote was 49 – 48, with no Republican voting against the amendment, and not a single Democrat voting for it.

“We have major universities in this country that are discriminating in admissions against Asian-Americans,” Louisiana Republican Senator John Kennedy (R-La) said. “Discrimination is discrimination…This is wrong, it is contemptible, it is odious.” Yes, yes it is. But the current ideology of the political Left now holds that discrimination against whites is good discrimination (they have it coming, after all, the racist bastards!) and discrimination against Asian-Americans is necessary discrimination. The argument is vile, and indefensible in law or ethics, which is why, so far at least, the mainstream news media is burying the story and the vote. The passage of the pandemic hate crimes act is being trumpeted everywhere, perhaps because the news media is complicit in the wildly inflated public belief in the extent of the problem it addresses, but the Democratic rejection of S.Amdt. 1456 is barely mentioned at all. Regarding this, I will repeat the same rhetorical question I asked once already here: “Why is that?”

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Assorted Ethics Items, 4/23/2021: I Can’t Talk Or Eat, But I Can Still Write. And Think, Sort Of…[Finally Corrected!]

Well, THAT was certainly unpleasant…made a root canal seem like the warm embrace of a succubus by comparison…

1. An alternate juror in the Chauvin trial gave an interview. She seems like a pretty rational sort, but two comments support the contention that the trial was not a fair one:

  • “I did tell them that I saw the settlement run across the bottom of the screen one day…I was not surprised there was a settlement, but I was surprised they announced it beforehand.” She also said she understood that civil trial and criminal trial standards were different, but the fact that the city essentially announced that its police were liable for Floyd’s death cut the legs out from under Chauvin’s defense.
  • “I did not want to go through rioting and destruction again and I was concerned about people coming to my house if they were not happy with the verdict.” If any jurors feel that way, it’s not a fair trial.

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Who Is Surprised To Hear That “Propaganda Causes People To Grossly Overstate Police Killings of Blacks”?

Who? Well, probably your friends on social media who think you’re a racist because you point out that Black Lives Matter is spreading lies and hate.

I read with interest this feature yesterday in my New York Times: “Few Charges, Fewer Convictions: The Chauvin Trial and the History of Police Violence.”

It covered two full pages—you know, it was important—and was pure propaganda: deliberately misleading, contoured to make a political argument under the guise of news analysis. I classify the reporters, Aidan Gardiner and Rebecca Halleck, as ethics villains, along with whatever editor gave a green light to publish this deliberate deceit.

It begins,

For many observers, the trial of Derek Chauvin, the former Minneapolis police officer charged in George Floyd’s death, has felt like the culmination of years of outrage and grief over police killings of Black people in America. Video of the arrest that led to Mr. Floyd’s death inspired demonstrations that touched every corner of the country last summer, with protesters demanding justice for Mr. Floyd.

The Times reviewed dozens of similar cases in which encounters between Black people and police ended fatally. Though many cases prompted public outrage, that did not always translate to criminal indictments. In some cases, police officers were shown to have responded lawfully. In others, charges were dropped or plea agreements were reached. Some have resulted in civil settlements. But very few have resulted in convictions at trial.

These cases offer valuable points of comparison about what issues — video evidence, drug use, whether the person who died was armed — proved decisive in each outcome and what consequences, if any, officers faced. Even as the trial has unfolded, several events, including the killing of Daunte Wright just a few miles from Minneapolis, have provided a grim reminder that Mr. Floyd’s death is one in a decades-long history of fatal encounters.

Then we get a list of cases where blacks died as a result of police action. The facts of the cases are summarized briefly, often leaving out important facts. We are told, for example, the Eric Garner was “confronted” by police but not that he resisted arrest, nor that he weighed over 300 pounds. The Times reporters don’t deem it significant that Mike Brown tried to take away the officer’s gun, or that he was shot while charging the cop. In the case of Tamir Rice, the Cleveland 12-year-old shot while playing with a realistic toy gun that had its red tip removed, the article says that “a 911 caller reported seeing a person with a gun but said that it was ‘probably fake’ and that the person was ‘probably a juvenile,'” but does not add the crucial detail that these statements were not relayed to the officer.

I know most of the cases mentioned in the piece; for those I do not, I assume that I am being similarly misled. The Times isn’t reporting or doing legitimate analysis; this is advocacy, and unethical advocacy. Facts that would undermine the political agenda of the reporters, and by extension, the Times, are omitted. That is lying by omission.

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Wednesday Wrap-Up For A Post-Chauvin Trial America, 2/21/21 [Corrected]

I guess I have to come clean: I thought I had posted this before noon. Guess not. So a Morning Warm-Up became a late night wrap up…

1. The trial was a sporting event? I did not know that! ESPN included the Chauvin guilty verdict in its list of important sports news today. Apparently, it’s sports news because a lot of athletes are going to shoot off their mouths about it, spreading ignorance far and wide.

2. Deranged Quote of the Day: “Where are the disabled, queer, poor, gender diverse, dogs of colour and single-parent dog families in Bluey’s Brisbane?” That comes from ABC Everyday’s Beverley Wang. The Disney+ program, we are told :

….is the award-winning, mega-hit animated series about the Heelers, a family of dog-shaped humans — parents Bandit and Chilli, four-year-old Bingo, and six-year-old Bluey — who live in a gorgeous Queenslander with city views, perched on a lush hilltop in sunny Brisbane.

The only way to handle people who poison minds and the the culture with ideas like this is to be merciless, and slap them down with the classic reaction of “Sidney Wang”:

Being nice just enables them.

3. From the False Narrative files: Yahoo! News correspondent Jon Ward authored a piece of counter-factual propaganda headlined, “Chauvin’s guilty verdict is a major milestone in America’s reckoning with racial justice.”  As I have tried to point out repeatedly, there is no evidence that George Floyd’s fate would have been any different if he had been white, Asian-American or a Smurf. None. NONE. There is no evidence that Chauvin was a racist, or that race played any part in his brutal treatment of Floyd. The fact that activists, politicians and the journalists seized on the symbolic imagery of a white cop’s knee on a black man’s neck and exploited it shamelessly doesn’t change the facts. This was not a racial incident. If the jury convicted Chauvin thinking that it was, then they were misled.

Ward’s essay is a good starting place for anyone who wants to understand  how far journalism has sunk.

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As The Chauvin Jury Finds The Defendant Guilty As They Were Ordered To Do, The President And Rep. Waters Deny That They Said What They Said

But when Yogi Berra denied that he said what he said, it was funny..

In Minneapolis, the jury found Derek Chauvin guilty of unintentional second-degree murder, third-degree murder, and second-degree manslaughter in his role in the death of George Floyd on May 25, 2020.

It would be a defensible verdict if he had received a fair trial, and the jury didn’t fear that they would spark national riots, property destruction and death if they found reasonable doubt. It would have been more defensible if the otherwise competent judge hadn’t botched his obligation to sequester the jury when another Minnesota police officer shot a black man, and riots did occur, with more on the horizon.

It is not a fair trial when a nationally known Congresswoman and the President of the United States publicly declare that, in the words of the Congresswoman, a defendant is “guilty, guilty guilty!”

So now, after polluting the trial and the verdict, both the President and the Congresswoman are engaging in a wretched display of “I didn’t really say what I obviously said and meant to say.”

Yogi Berra this ain’t.

First, here’s Maxine’s hilarious “translation” of what she meant when she told some potential rioters, ““We’ve got to stay in the streets, and we’ve got to demand justice,” Waters said. “I am hopeful that we will get a verdict that says, ‘guilty, guilty, guilty,’ and if we don’t, we cannot go away. We’ve got to get more confrontational. We’ve got to make sure that they know that we mean business.”

“I wanted to be there kind of as Auntie Maxine, to show them that not only do I love them and I support them, but they can count on me to be there with them at this terrible time in all of our lives,” Waters said in her own defense. But she is not their aunt. She is an elected official of the United States of America, and is sworn to uphold the Constitution, which means, among other things, not using her position to urge members of the public to break the law, and not using her influence to deny an American citizen a fair trial.

In another interview, she tried rationalizations instead of masquerade:

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Unethical And Intolerable: Waters, Babbitt, Sicknick, Part 2.

The late Paul Harvey’s iconic “the rest of the story” isn’t quite as ugly as this story itself, which I wrote about here. It does, however, put a cap on one more disgusting example of the news media deliberately engaging in fake news reporting to advance a partisan agenda.

Let’s use CNN’s report, since we know if there was any way out, any way to spin the story and keep the false narrative going, the network of Fredo, Don Lemon and the atrocious Brian Stelter would try it. Nope, though the medical examiner did his best:

US Capitol Police Officer Brian Sicknick suffered strokes and died of natural causes one day after responding to the January 6 insurrection at the US Capitol, Washington DC’s chief medical examiner has determined.The medical examiner, Francisco Diaz, didn’t note any evidence that Sicknick had an allergic reaction to chemical spray or list any internal or external injuries, according to The Washington Post, which first reported the ruling. Still, Diaz told the newspaper that “all that transpired” on January 6 “played a role in his condition.”The ruling all but ensures that the Justice Department won’t be able to pursue homicide charges in Sicknick’s death. In March, two men — Julian Elie Khater, 32, of Pennsylvania, and George Pierre Tanios, 39, of West Virginia — were arrested and charged with assaulting Sicknick.

The reason they can’t be prosecuted is that there is no evidence that Sicknick’s death was connected to the January 6 riots in any way. There never was. Diaz’s gratuitous claim that “all that transpired played a role in his condition” is just face-saving hackery.

What does that even mean? “Played a role”? Either something that happened at the Capitol killed him or it didn’t. Did Sicknick die of a broken heart to see America’s house sullied by an angry mob? HOW did the events “play a role”? Diaz doesn’t say, meaning he’s engaging in irresponsible speculation to give the lying journalists something to cling to. The statement breaks down to “post hoc ergo propter hoc“—a logical fallacy so well-known and ancient that it’s in Latin: “After this, ergo because of this.” There is no reason to believe that Sicknick would not have died if nothing had happened at the Capitol.

Note also that CNN is sticking with “insurrection,” a description it has not applied to any of the far more violent and lengthy takeovers of government buildings during the George Floyd Freakout. We learned this week that with even a half-competent response from the Capitol police, the gang of idiots would never have made it inside the Capitol. They had no firearms; they were a mob of about 300; they had as much chance of taking over the government or having any substantive impact whatsoever as Shirley Temple had to be an Olympic powerlifting gold medalist.

But never mind that: this is business as usual for all of the mainstream news media. The AUC memo went out that January 6 was an “insurrection” because that was going to be the way they finally “got” Donald Trump: accuse him of plotting “a violent uprising against the government,” and the memo never was retracted. Sicknick’s death at the hands of the rebels was a key part of the fiction, so it was repeated over and over, even in the Senate trial by the House prosecution as fact. The Biden Administration and Democrats were accomplices: they took the nauseatingly cynical step of staging a Capitol Rotunda viewing of Sicknick’s casket, which made the lie that “he died defending his country” vivid and dramatic (and cheapened the honor, which only a handful of ordinary citizens have been awarded).

When the “they hit him over the head with a fire extinguisher” tale didn’t pan out, they went with the “He died because they sprayed him with bear spray,” or he was caught in a bear spray crossfire, or something. Yes, the President of the United Sates plotted an insurrection that would take over the nation using bear spray and fire extinguishers. Diabolical!

As the substack reporter did when the Sicknick story first started falling apart, Glenn Greenwald has given us the best dose of undiluted contempt for how it was handled, writing yesterday in part,

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Unethical And Intolerable: Waters, Babbitt, Sicknick, Part 1.

intolerable

The United States is now being consumed by a wave of audacious double standards and hypocrisy, rooted in racial bias and oppressive partisanship. Exposing it, condemning it and opposing it is to invite “cancellation” and being tarred as an ally of white supremacy. In the words of George H.W. Bush to Saddam Hussein, “This will not stand.”

I. Rep. Maxine Waters.

By any fair and reasonable standard, Waters’deliberate attempt to incite violence and law-breaking among already agitated and agitated protesters in Brooklyn Center, the Minneapolis suburb where Daunte Wright was killed, should earn her serious sanctions from Congress, her own party, and by the standards previously asserted by her party, the justice system. She exhorted the potential “mostly peaceful” mob to “get more confrontational” when the city had already seen burning, looting, and attacks on police. She directly threatened the jury in the Chauvin trial just a few miles away. In response, the judge in that trial, Peter Cahill, castigated Waters by name as the trial went to the jury, saying that her words were “disrespectful to the rule of law,” and adding,

“I’m aware that Congresswoman Waters was talking specifically about this trial, and about the unacceptability of anything less than a murder conviction, and talk about being ‘confrontational.’ [I wish] elected officials would stop talking about this case…I think if they want to give their opinions, they should do so in a respectful and in a manner that is consistent with their oath to the Constitution, to respect a coequal branch of government.Their failure to do so, I think, is abhorrent.”

Then, whistling in the dark, he tried to deny the obvious, saying that her comments wouldn’t affect the jury because he had instructed them not to pay attention to them. Right. Everyone knows that the old “pretend you didn’t hear what you heard’ command is a perfect remedy. (See: “The Verdict.”) Pathetically, Cahill said that one congresswoman’s opinion “really doesn’t matter a whole lot anyway.” Then why did the judge take the extraordinary course of mentioning it during the trial?

Cahill’s refusal to sequester the jury after Wright’s death was a terrible error, and it is coming back to haunt him quicker than anyone could have predicted, thanks to Waters. Later, the truth battled its way out of his mouth and he blurted out that Waters “may have given” the defense grounds “on appeal that may result in this whole trial being overturned.”

And yet Nancy Pelosi, who led a contrived impeachment of Donald Trump for urging demonstrators to peacefully protest because she claimed it sparked an “insurrection,” claimed nothing was amiss with Waters’ speech. “Maxine talked about confrontation in the manner of the Civil Rights movement. I myself think we should take our lead from the George Floyd family. They’ve handled this with great dignity and no ambiguity or lack of misinterpretation by the other side…No, I don’t think she should apologize.”

The rule, then, appears to be that a Democratic Congresswoman can cross state lines to urge an already inflamed crowd to get “more confrontational” while threatening a demonstration showing that it “means business’ if a jury does not provide the verdict she demands, while a Republican President should be impeached and charged with a crime for urging demonstrators to peacefully protest what they and he believe to be an undemocratic election.

Is it material that the Congresswoman inciting a riot is black, and the President who called for a peaceful protest is white? Are we allowed to wonder? Is it permissible to consider reality?

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More Evidence Of How The Presidency May Have Been Stolen. More Is Surely On The Way…

President Trump was wrong to keep claiming that voter fraud was responsible for his 2020 election loss; indeed he was wrong to be the one to question the fairness of election at all. However, the constant mantra in the mainstream news media that his complaints that the election was “stolen,” “rigged” or “fixed” are “false” meets the classic standard for “protesting too much.”

The 2020 election was rigged, as I explained here. The rigging by the mainstream media began from the second Donald Trump was elected, causing Democrats, progressives and especially journalists to abandon tradition, sound democratic principles, fairness, responsibility and ethics to do everything in their power to undermine the elected President of the United States, because they didn’t vote for him, didn’t like him, and refused to accept Hillary Clinton’s well-earned defeat. Out of this, what I have (correctly) termed the worst ethics breach in our society since at least the Second World War, we got the succession of Big Lies and the series of plots to remove Trump from office, including two unjustified and unethical impeachments.

I doubt that any President in our history could have overcome the deliberately biased news coverage and the barrage of fake negative news Donald Trump was attacked with for four straight years. It’s impossible to say, since no elected President, not even Richard Nixon, was subjected to anything similar. It is also impossible to say, it must be emphasized, that the despicable and unethical journalism used to undermine Trump actually caused his loss. This is, however approximately the same argument the defense in the Derek Chauvin trial is making. The media’s knee was on the President’s neck, but there were other things that might have killed his Presidency. It does not make the news media’s conduct any less wrong.

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