Addendum And Correction To The Complaint Form Revision Discussion [Updated]

In Item #3 of this morning’s Warm-Up, I wrote, “The intelligence community quietly eliminated a requirement that whistleblowers provide direct, first-hand knowledge of alleged wrongdoings that had existed since May, 2018. The revised version of the whistleblower complaint form was not made public until after the transcript of the President’s July 25 phone call with the Ukrainian president Volodymyr Zelensky. It had eliminated the first-hand knowledge requirement, allowing government employees to file whistleblower complaints even if they lack direct knowledge of underlying evidence and only “heard about [wrongdoing] from others.”

I now know that this description was misleading and incorrect, because my source had confused a change in the reporting form, which it documented with screen shots, with a change in the whistleblower law, which had remained the same. This was explained in a twitter thread by Julian Sanchez, a senior fellow at the Cato Institute and a  technology and privacy expert. I will note that based on the Federalist’s screen shot above, one can understand their confusion.

Twitter is terrible format to make a substantive argument or explain anything, but I guess Sanchez doesn’t have a blog or a Facebook account, or something.  He writes that he contacted the site’s editor Mollie Hemingway and she didn’t correct the post.

[Notice of Correction: I had written here, erroneously, that the Federalist doesn’t allow comments. It does: I missed the tiny link at the bottom of the page. In fact, there are a lot of comments to that post. They are not helpful…]

I considered trying to put the following in coherent chronological order, but I’m just going to post Sanchez’s tweets as they appear on his feed: Continue reading

Sunday Morning Ethics Warm-Up, 9/29/2019: Updates, Coincidences And Suspicions [CORRECTED]

The same as what?

I heard this song yesterday for the first time in many years, and immediately wondered how many people  my son’s age (he’s 24) or even older would know what “Spanky and Our Gang” referred to. Then I made the mistake of briefly watching HGTV’s “A Very Brady Renovation” and saw to my horror that all the “Brady Bunch” kids are senior citizens. “Who’s that old lady? OHMYGOD It’s JAN!!!!”

1. Well, it was nice while it lasted...Traffic here increased by about 30% over three days last week after Facebook slipped up and allowed a link to one Ethics Alarms—it violates Facebook community standards, don’t you know— post to be circulated on among users.

2. Here’s a poll on the previous post, about a controversial joke related to the Texas governor’s disability that was made by a female judge. Governor Abbott has been in a wheelchair ever since he was struck by a falling tree almost 40 years ago. Noting that Texas Republicans have opposed proposed environment-minded legislation, “even local tree ordinances,”  the judge quipped to her partisan Democratic crowd, “Governor Abbott hates trees because one fell on him.”

While we’re on the subject of polls, the Ethics Alarms readers were strongly opposed to the course of action discussed here, here, and here, with about 88% holding that a Swedish man should not have allowed a doctor to euthanize his sister despite her past consent to the procedure, because she was resisting.

Continue reading

Observations On Neil Cavuto’s Oddly-Timed Scolding Of President Trump

Fox News host Neil Cavuto decided to vent his frustration with President Trump yesterday, delivering a direct rebuke, addressing him in the second person. You can read the whole statement below after the commentary, or before, if you prefer.

I like Neil Cavuto. He’s a nice guy, he’s sincere, and he tries to be fair. He even had me on his show once. The format he chose, the Keith Olbermann direct address [Keith: “And why is it, SIR…”], I detest, and feel is pompous and inappropriate. Its a fake confrontation: Cavuto wouldn’t talk to the President like that if he were really in front of him, so it suggests boldness on his part that is illusory rather than real. It’s also arrogant grandstanding. Who is Cavuto to reprimand the President? He can give his opinion like anyone else, but talking to him through the camera like he was a naughty child is presumptuous.

In general, Cavuto’s point is undeniable: Trump’s constant puffery, exaggerations, contradictions, spontaneous utterances  and recklessness with the facts undermine his credibility, infuriate both allies and foes, and give ammunition to those who want to destroy him. In short, his habit is stupid. However, this was a known feature of the man’s style and character a decade ago. No, he can’t or won’t change, and that’s a weakness.  But who didn’t know this? Does Cavuto really think his tirade adds anything to the public’s knowledge? Does he think the President is going to reform because Neil Cavuto takes him to task?

In the specifics of his argument, however, Cavuto’s logic is so shaky that I wondered if he really thought his rant through, or, in the alternative, is not as smart as I thought he was. His initial sally is a non sequitur: the fact that President Trump frequently mangles the truth doesn’t make the news media  any less dishonest, incompetent and untrustworthy. Since a vast amount of the fake news polluting the public’s understanding of the issues involves fake news designed to undermine Trump, he has every right, and I believe a duty, to call it what it is.

Is Cavuto’s showboating just a member of the journalists’ club standing up for his colleagues against their adversary? It sure sounded like it.  He seemed to be mouthing the same excuse I hear from Facebook enablers of the biased media: “Yeah, well, OK, Rachel Maddow was hyping the Russian story and using dubious evidence, but Trump lies even more!” President Trump’s job is to run the country. Not being truthful can get in the way of that, but being accurate is not his job, nor is it one of his duties. Journalists, in contrast, are ethically obligated to inform the public truthfully no matter what whoppers a President may tell. The President doesn’t make the news media lie, so to say he provides the “ammunition” for fake news is nonsense. Cavuto is excusing lousy, dishonest, and divisive journalism. Continue reading

Afternoon Ethics Tea, 9/26/2019: A Drunk Lawyer, A Disgraceful Congressman, Uncivil Peanut Butter And The Dolls America Needs [UPDATED!]

These trustworthy scones are divine!

1. First, the important stuff: peanut butter ethics. Now Jif, the peanut butter, has joined the detestable ranks of consumer products that deliberately evoke the vulgarity “fuckin'” in its advertising. Booking.com was the first company chided here for this particular offense against minimal civility, when I wrote,

Ethics dictates that one communicates with respect for anyone within hearing distance, and unless ugly words serve a material purpose, using them is not the mark of a good citizen, a good neighbor, or a trustworthy human being. Nor is spouting vulgarity witty, and unless you are 11, and employing obvious code words that sound like curses, epithets and obscenities isn’t especially funny either, since we pretty much exhausted the possibilities at summer camp. I have no idea why anyone would want to recast the culture as a place where professionals curse like sailors and the words “fuck” and “cocksucker” are as likely to issue from a debutante’s lips as those of a hip hop artist, but that seems to be the objective now. … TV stations happily accept money from advertisers using code words for “ass” (Verizon), alluding to sexual intercourse (Reese’s), and evoking the word “shit” (K-Mart and DraftKings).

Booking.com no longer uses this device, but Jif now pronounces itself “Jif’n good!” Fortunately, this peanut butter aficionado regards Jiff as the least of the  national brands and varieties (1. Skippy Natural 2. Skippy regular, 3. Peter Pan crunchy 4. Peter Pan smooth…and Jif, bringing up the rear.

Now I won’t even buy this peanut smutter when it’s on sale.

2. Apparently the mainstream media AND the Democrats are determined to dash what’s left of their rotting credibility to smithereens with this last ditch impeachment push:

  • Today’s “Japanese Bombs Pearl Harbor” size headline across the New York Times print edition: TRUMP ASKED FOR ‘FAVOR’ IN CALL, MEMO SHOWS.” Again, this would be really funny if it wasn’t so destructive.
  • Showing unprecedented lack of respect for the office of President (and proving beyond any doubt that no American who wants fair and objective reporting on politics should tune into MSNBC), the network’s Nicole Wallace cut off the  audio at President’s   first news conference since House Democrats opened a formal impeachment inquiry,, saying,  “We hate to do this, really, but the president isn’t telling the truth.”
  • In Congress, on TV, Rep. Adam Schiff read into the record his “paraphrase” of the transcript of the President’s phone call to the Ukraine President. Sample:

“I’m going to say this only seven times, so you better listen good, I want you to make up dirt on my political opponent, understand, lots of it, on this and on that, I’m going to put you in touch with people.”

“Is he just making this up?” Committee member Mile Turner (R-Ohio) asked. Indeed he was. Althouse’s commenters are having a field day on this. Ann’s readership is ideologically mixed, but you couldn’t tell that from the utter contempt Schiff’s stunt inspired. Continue reading

Ethics Quiz: The Dying Veterans Plea [Corrected]

I know my answer to this one right now, but I’m curious about everyone else, and willing to be convinced that I’m a hard-hearted meanie.

Call this one a “Good Disgraced Veteran” story, in the style of the recent spate of human interest tales designed to make us feel sorry that the law has to be enforced when those nice, noble illegal immigrants break it. In this variation, the object of sympathy is Needham Mayes, who was among the first black servicemen to be stationed at Fort Bragg following  the President Truman’s executive order desegregating the armed forces  seven years earlier. In July 1955, as a 21-year-old private, he walked into a club on the base for non-commissioned officers only.  He was quickly confronted by a sergeant; their altercation became violent, and the sergeant ended up shot and bleeding with his own gun. Mayes was arrested and led away in irons, then court-martialed. He left the Army with a dishonorable discharge.

Now in his eighties and ailing, Mayes wants his dishonorable discharge expunged so he can be buried in a national cemetery. [Notice of Correction: I erroneously wrote “Arlington National Cemetery” in the original version] His argument is that after being kicked out of the Army, he turned his life around and has been an admirable, even exemplary citizen.

In 1978, he earned a bachelor’s degree at Adelphi University, then a master’s degree. He became a social worker and therapist. He worked with organizations that fought drug abuse promoted mental health, and worked to  prevent the spread of HIV and AIDS. In 2009, when  Mayes was 75, he joined the NAACP’s Civic Engagement Committee, and began working  with young men in poor, black neighborhoods, visiting homes and jails, and also seeking out anyone who would listen at large community events. All who know him and his work acknowledge that he has changed lives for the better.

“I am a rehabilitated man,” Needham  wrote in 2017, in an appeal to have his dishonorable discharge converted to an honorable one, “and I hope to have the right to be buried in a national cemetery with my comrades-in-arms.” His request was denied. Now his lawyers are again mounting an effort to have his record cleansed, assisted by Senator Kirsten Gillibrand.

Your Ethics Alarms Ethics Quiz of the Day:

Should Mayes’ dishonorable discharge be upgraded?

As I said above, I know my answer: no.

Stipulated: Needham Mayes has been a positive force in his community and a fine citizen; based on what I know, I have no difficulty concluding that he is an ethical, virtuous, admirable human being. Nothing he has done since his military discharge, however, alters in any way his conduct when he was in the military, or renders his court martial and discharge any less valid than they were in 1955.

What the Times, Gillibrand, Mayes’ supporters and Mayes himself are arguing for is akin to the Ted Kennedy fallacy, which goes like this: Yes, horny, drunken Ted may have contributed to the death of a young woman and participated in a cowardly cover-up, but he went on to be a hard-working and respected U.S. Senator, so all of that should be forgiven and forgotten. Wrong. Ethics and personal responsibility don’t work like that, and life shouldn’t.  Past misconduct isn’t erased by present good works. Its significance in assessing the character and personal achievements of an individual are certainly mitigated and even outweighed by what has come after, but the misconduct remains, and so should its just consequences.

The Times story adds irrelevant factors to its sympathy brief. Meyers is black; black soldiers were court martialed more frequently than white soldiers; he’s old and  dying; this is a dying man’s wish; and the man he shot back in 1955 says that he holds “absolutely no animosity toward Mr. Mayes,” and  is pleased to that he spent his life helping others. That’s all nice, but it changes nothing.

This is sentimental static designed to interfere with a clear analysis. Needham Mayes was discharged dishonorably after an incident that would have had the same consequences whether the soldier was black, white, or magenta.

Burial in national military cemeteries  is earned by a soldier’s service in the military, not by subsequent achievements in civilian life. My father (along with my mother) is buried in Arlington  National Cemetery because he served honorably and with distinction during World War II, not because he was wonderful husband and father. I’d love to know what my father would think about Meyers’ case: we once had an argument about whether a convicted murderer who was a decorated veteran should be buried at Arlington. My position was that if a veteran’s military record qualified him to be buried there, nothing he did subsequently short of treason should change that. My dad disagreed, and maybe he would disagree with me here as well.

Tell me what you think.

An Ethics Train Wreck So Dumb That I’m Embarrassed To Have To Write About It…

…but, as Hyman Roth said, “This is the life we have chosen.”

The train wreck farce unfolds in three acts:

Act I, Scene One: Iowa’s Carson King, 24,  was seen on “ESPN College GameDay”  holding up a moronic sign in a football game crowd that read, “Busch Light supply need replenished. Venmo Carson-King-25.”  That isn’t comprehensible English even by stadium sign standards. Needs to be replenished? Needs replenishment? Giving people positive reinforcement for being illiterate is irresponsible, and makes the public stupid.

Act I, Scene Two: People actually sent money to King’s beer fund on Venmo. With all the really desperate people in this country and all the legitimate objects of charity, this boob’s scrawled plea for beer money struck a chord. People sent in contributions who would normally sneer at homeless people begging on the street.

Act I, Scene Three:  Venmo and Anheuser-Busch, seeing a promotional opportunity, both  pledged to match  donations to Kings “Help me be a drunk!” fund. The sign raised $1.14 million.

Now comes the one moment of reason and ethics in the tale: King decided to donate the money to  the   University of Iowa Stead Family Children’s Hospital.  Act I ended on a positive note.

Intermission. Continue reading

Ethics Dunce: Fox News

Fox News’ reaction to the segment above was to ban…The Daily Wire’s Michael Knowles from future broadcasts. Not the fact-free, name calling climate change shill who called Knowles “skinny boy” and who took the ridiculous, but familiar, position that children who place themselves in the middle of serious policy controversies cannot be held to the same standards as any other advocate, and judged on the basis of their credibility and credentials. Knowles’ terms for Greta Thunberg may have been harsher than necessary, but they were nonetheless true and accurate. She is definitely being exploited. She is even less credible than a normal 16-year-old because of her multiple behavioral maladies. And she is Swedish.

Chris Hahn,  a Democratic Party activist whom Fox News uses as a contributor because he makes progressives look like thugs, was obnoxious, abrasive, insulting and factually wrong. It may not have been nice (or necessary) to refer to Greta Thunberg as “mentally ill,” and it’s certainly politically incorrect, but it is not horrific calumny as Hahn would have us think. The National Alliance on Mental Illness includes autism spectrum disorder (ASD) among its topics, which is prima facie evidence that “mentally ill” is not a false description of Thunberg’s state. It is described as “a developmental condition that affect a person’s ability to socialize and communicate with others. People with ASD can also present with restricted and/or repetitive patterns of behavior, interests or activities. The term “spectrum” refers to the degree in which the symptoms, behaviors and severity vary within and between individuals. Some people are mildly impaired by their symptoms, while others are severely disabled.”

“Illness” is not a unfair description of such a problem. Would Hahn have flipped out if Knwoles said, “mentally disabled”? Is there any doubt? Continue reading

Ethics Lunch, 9/24/2019: Big Hairy Men! Teen Rants! Legalized Theft! Insulting The Poor With Kindness!

 

Yum!

Or rather, “yecchhh!”

1.  Ben Carson doesn’t think women’s shelters should admit men identifying as women. Obviously, he must be destroyed. Has there ever been a tiny minority that has triggered so many gotchas and excessive controversies like trans citizens?

Let me stipulate that Ben Carson has no business being Secretary of HUD, as he is completely unqualified and possessed of narrow brilliance in an unrelated area and crippling dufus-ness in all others, so this goes in the “Stop Making Me Defend Ben Carson” files.

Nonetheless, the current outrage over remarks he made in a closed-door meeting with roughly 50 HUD staffers at the agency’s San Francisco office are contrived, and blatant virtue-signaling to the hyper-sensitive Democratic base.

Let me also stipulate that Carson is an idiot for not being able to figure out that in any group of San Francisco residents there would be several just looking for a “Ben Carson is an anti-trans bigot” smoking gun.

Carson wrote in an all-staff email that he

“…made reference to the fact that I had heard from many women’s groups about the difficulty they were having with women’s shelters because sometimes men would claim to be women, and that HUD’s policy required the shelter to accept—without question—the word of whoever came in, regardless of what their manifested physical characteristics appeared to be.This made many of the women feel unsafe, and one of the groups described a situation to me in which ‘big hairy men’ would come in and have to be accepted into the women’s shelter even though it made the women in the facility very uncomfortable,. My point was that we have to permit policies that take into consideration the rights of everybody, including those women.”

This was relayed to the media by a few enraged staffers as Carson referring to trans individuals as “big hairy men,” as well as representing insufficiently supportive sentiments towards the transgender community. “The sentiment conveyed was these were not women, and they should not be housed in single-sex shelters — like we shouldn’t force people to accept transgender people in this context because it makes other people uncomfortable,” one staffer told the Washington Post.

To the contrary, what Carson was referencing  is a legitimate concern. Having recently been served at McDonalds by someone who certainly appeared to be a big hairy man wearing a beard, a woman’s wig and a bra, I understand the problem, and it is a problem—not at McDonalds, but surely in a women’s shelter.  Because Carson acknowledged reality,  Julián Castro, a former HUD secretary and a 2020 Democratic candidate for President, said Carson’s comments “normalize violence” against transgender people. Elizabeth Warren and other Democrats piled on.

2. Immunity again, bad judges again, KABOOM! again. Where do these judges come from?

The Fresno Police Department carried out a raid on Micah Jessop and Brittan Ashjian, who were suspected of operating illegal gambling machines, though no charges were ever brought. After the search, officers provided both men with a ledger stating that the police had seized $50,000. Jessop and Ashjian allege that the officers really took $151,380 in cash and $125,000 in rare coins, pocketing $226,380 in what was outright robbery.

Are you ready? Continue reading

Sunday Ethics Warm-Up, 9/22/2019: Five Ugly Ethics Stories (Sorry!) [Corrected]

A pleasant Sunday…

as long as I don’t read the newspaper or watch the Talking Heads…

1. Before I finish a long post about the most recent contrived Brett Kanavaugh smear by the New York Times, ponder this quote from the Times review of “The Education of Brett Kavanaugh”: “[The authors] come to a generous but also damning conclusion, which is that Blasey Ford and Ramirez are believable and were in fact mistreated by Kavanaugh as teenagers, but that over the next 35 years he became a better person.”

Ugh. The conclusion is “damning” because it relies almost entirely on confirmation bias: Blasey Ford’s own lawyer revealed that her motive in using her “recovered memory” against Kavanaugh was to discredit any future anti-abortion opinions he participated in as a member of the court. The accusation by Ramirez isn’t, apparently, even believable to Ramirez herself, since she says she isn’t certain that the Mad Penis-Dangler was Bret Kavanaugh. Why then, do the authors find the claims “believable”? Oh, because they want to believe them, of course; they work for the New York Times, and they certainly weren’t going to get their book promoted by their employer and snatched up by its readers if they concluded, as objective reporters would, that there is no more reason to believe Justice Kavanaugh did these things than there is reason to believe he didn’t.

The real ugh is this, however: if even these biased analysts conclude that the accusations, even if true, do not have any relevance on the grown man who was nominated to the Supreme Court because they relate to a minor who existed 35 years ago—and who has, as most children do, grown up—then the episodes that their book focuses upon literally don’t matter, shouldn’t have been brought into Kavanaugh’s hearing,  and should not be used now to denigrate and discredit him.

2. From “Social Q’s,” a glimpse of what a malfunctioning ethics alarm is like. Prompting the frequently appearing question in my mind, “How does someone get like this?” was the query into Phillip Gallane’s advice column from a woman who threw herself a birthday party, directed guests not to bring gifts but to make a donation to a charity she supports instead, and was annoyed that some brought gifts anyway. She asked if it would be inappropriate to send the gifts back with a disapproving note so they “would listen” to her “next time.”

I know what I would do “next time”…

3. Hey, sounds great, Facebook! Why wouldn’t everyone trust your judgment? Facebook announced  a series of changes last week to squelch hate speech and extremism—meaning what Facebook and its allies consider such— on its platform in a letter to the chairman of a House panel. Facebook said it would prevent links from the fringe sites 8chan and 4chan from being posted on its platform—you, know like it blocks links to Ethics Alarms!  Then it explained how it would develop an oversight board of at least 11 members to review and oversee content decisions—like the decision that a wide-ranging ethics blog that has no political affiliation or agenda, written by a professional ethicist of some note, doesn’t meet the Facebook “community standards.”

In other, unrelated news regarding the obstacles being thrown in my path, the Appeals Court in Massachusetts finally alerted me that it was taking “under advisement” the request for an appeal of the rejected frivolous defamation suit filed about two years ago by a banned commenter here whose boo-boo I wounded.

(I am not concerned.) Continue reading

Reporting The Mysterious Ukraine “Scandal”: Once Again, I’m Fighting The Urge To Conclude That These Are Just Corrupt, Terrible People

 

And losing.

When the first notice of the unnamed whistle-blower’s complaint about—well, something involving the President and the Ukraine surfaced on the New York Times front page, in an article that was so devoid of facts, details and corroboration that its only excuse for publication was to titillate Trump-Haters, I wrote,

“This is what the Times considers front page news now. Instantly, “resistance” members and Democrats will leap to the conclusion that whatever it is, it’s impeachable. Those who are thoroughly sick of the successive coup attempts will assume that this is one more concocted sliming by the Deep State, so we can have a “Russiagate” style investigation that will hamstring President Trump’s second term… For my part, I’ll wait for actual facts, thanks. I don’t trust “the intelligence community” not to manufacture ways to undermine the Presidency, not after Comey, McCabe, the FISA fiasco, the FBI lovebirds texts, and Mueller’s statements, among other smoking guns. I don’t trust the Times reporting, I don’t trust President Trump not to do or say something that crosses ethical or legal lines, and I certainly don’t trust Congressional Democrats to determine what are serious transgressions by this President and what are typical maneuvers that have only become ominous because he isn’t Barack Obama.”

Well, I’ve been waiting. As predicted, Democratic impeachment-mongers and Presidential hopefuls are screaming to the skies, and the mainstream media has been flogging the as-yet non-story, another species of fake news, as if it were the Second Coming. Yet here is how the New York Times itself explained the alleged scandal:

What did Mr. Trump do?

In a July 25 phone call, Mr. Trump is said to have pressed the president of Ukraine, Volodymyr Zelensky, to investigate Mr. Biden’s younger son, Hunter, who sat on the board of a Ukrainian energy company. Mr. Trump has seized on an unsubstantiated theory that Mr. Biden was trying to protect the company from prosecution when he called for the firing of Ukraine’s top prosecutor in 2016. Rudolph W. Giuliani, one of Mr. Trump’s personal lawyers, has pushed the Ukrainian government to investigate the matter.

Is “said to have”? By whom? This is not news reporting, it’s gossip. The Biden theory is unsubstantiated? The theory the Times has published multiple stories about regarding the President’s interactions with the Ukraine is far less substantiated.

Why is this coming up now?

Because of an intelligence community whistle-blower who filed a complaint last month about the president’s actions. An inspector general deemed the complaint “credible” and “urgent” and forwarded it to the acting director of national intelligence, Joseph Maguire, who has refused to share it with Congress….

Amazingly, it has now been revealed that the “whistle-blower” did not have  direct knowledge of the communications between President Trump and the foreign leader in question. An official who has been briefed on the matter, however, told CNN that the whistleblower “didn’t have direct knowledge of the communications.” The official said that the concerns and subsequent complaint came in part from the whistleblower “learning information that was not obtained during the course of their work.” That’s hearsay by definition, and means that the report has no probative or evidentiary value whatsoever until it is independently verified. Until then, it is also not news.

What did the whistle-blower claim?

The full extent of the whistle-blower’s complaint, as well as the whistle-blower’s identity, is not publicly known. Reporting by The New York Times and others has established that the complaint involves Mr. Trump’s interactions with Ukraine and a phone call with a foreign leader — possibly, but not necessarily, Mr. Zelensky. It is not clear if it includes other matters.

This is really what the Times itself says. A “whistleblower” from the intelligence community made a complaint about something he was told by an an unnamed party about a private phone call with a yet to be identified official.

Here’s my favorite, though: Continue reading