Good Afternoon!
Working today to train a Clarence Darrow understudy for my Darrow legal ethics seminars that my original Clarence, the estimable Paul Morella, can’t fit into his schedule. I’ll be doing one such seminar in New Jersey this month. You can never have enough Clarence Darrows!
1. On the matter of corporations caving to social media mobs..here’s something completely stupid. Earlier this winter, Delta Air Lines distributed cocktail napkins with message, “Be a little old school,” in small print on the napkin, advertising Diet Coke. “Write down your number & give it to your plane crush. You never know …” There was a space on the napkin where a passenger could write down his or her name and another space for their number. The larger print said, “because you’re on a plane full of interesting people and hey,” again, “… you never know.”
The harmless stunt was condemned by some flyers on social media as “creepy,” and that was enough to spark a dual company grovel. “We rotate Coke products regularly as part of our brand partnership, but missed the mark with this one. We are sorry for that and began removing the napkins from our aircraft in January,” Delta told USA Today in a statement. Coca-Cola added: “We sincerely apologize to anyone we may have offended. We worked with our partners at Delta to begin removing the napkins last month and are replacing them with other designs.”
I think it’s creepy that I often find myself sitting next to someone on a plane who is so close I can count his or her moles, and that neither of us will say a word to each other for hours. I can’t fault Delta and Coke for trying to break the ice and encourage a more social atmosphere on planes, especially since the air travel experience has become increasingly grim and uncomfortable. I know more than one couple who owe their long marriage to a number scrawled on an airplane napkin. (Full disclosure: I once wrote a message to an attractive young flight attendant who was especially effervescent. She smiled, and I never heard a word from her.)
All attempts at human contact with strangers aren’t harassment.
2. Ew. Did the National Enquirer try to blackmail Jeff Bezos? It sure sounds like it. Bezos says that the tabloid threatened to publish “dick pics” from his social media output if he didn’t get his paper, the Washington Post, to back off from its accusation that the Enquirer’s coverage of the nasty Bezos divorce was based on political animus rather than good ol’ old-fashioned tabloid sleeziness. You can read the Bezos blog post here.
The theory seems to be that the Enquirer is doing the bidding of President Trump, Saudi Arabia, or someone or something equally nefarious. And yes, the head of the Enquirer’s publishing outfit really is named “Pecker,” and it has nothing to do with the Bezos junk shot. Bezos is apparently releasing the Weiner-like photos someone hacked from his account to foil the extortion attempt. Let’s see: a) Nothing could lower my opinion of the National Enquirer. b) Ethics Alarms subscribes to the Naked VIP Principle, which is that if you are a public figure and send pictures of Mr. Wiggly to ANYONE over the internet, you deserve no sympathy for anything unpleasant that happens to you as a result.
I don’t care if “everybody does it’ (and if everybody really is taking crotch selfies and mailing them to friends and strangers, I don’t belong on this planet any more), if you do this, I don’t want to have anything to do with you.
3. This is useful for things like the Green New Deal. From the National Review, Williamson’s First Law. “Everything is simple if you don’t know a fucking thing about it.”
Perfect.
4.Now THIS is rejecting the presumption of innocence. Again: the position here is that Justin Fiarfax cannot do his job while under suspicion of serial rape allegations from named accusers willing to testify under oath, and should voluntarily step down. Duke, however, is asking him to leave a board using the false principle of guilty until proven innocent and “believe all accusers” standards.
“I am writing to let you know that Justin Fairfax will be asked to step down from the Sanford School Board of Visitors pending the resolution of the serious and deeply distressing allegations that have been made against him,” Dean Judith Kelley wrote in an email to Sanford staff and students. “Sexual assault is abhorrent and unfortunately can occur right around us. I urge everyone to take survivors of sexual assault seriously, and to help build an environment that is safe and supportive for everyone,” she added.
Wrong. His presence does not make anyone “unsafe” because an unproven accusation has been made. Nor is it not taking sexual assault seriously to refuse to use a mere accusation to strip an accused man of his positions and honors. The board membership is mostly honorific. Duke is taking sides where it should be neutral. Continue reading









Well, yes, he took the 30 pieces of silver, but Judas genuinely supported what the Romans had done, in a spirit of bi-partisanship…
Side-issue: Is it proper to give out a Comment of the Day when it is almost entirely a quote from another source? In this case, I’m doing it, in part because the commenter, Michael, is perfectly capable of writing the same sentiment just as articulately, if not better, and second, because I want his argument on the record, because it is so wrong.
I must admit, I never expected anyone to disagree with the post regarding Joe Biden’s betrayal of his party in exchange for $200,000. Such speaking fees are per se ethically dubious, as the Clinton Foundation experience should have taught us, especially when the speaker is a blathering fool like Joe Biden. I’d pay something to hear Hillary, Bill or Obama speak. But giving Biden six figures for his usual gaffes reminds me of Gerald Ford’s speaking fees after he left the Presidency. Gerald Ford never gave a non-soporific, inciteful speech in his life. He was selling influence, just like the Clintons, and just like Biden. It’s not illegal if you’re not holding office, but it is always unethical.
What Biden did was especially unethical. Both Michael and his authority call what Biden did bi-partisanship. It was not. Bi-partisanship is when partisan elected officials work across the aisle toward legislation and policies that their had-core party base might oppose, in the best interests of the nation and the public. That’s ethical, because an elected official’s duties, which all swear tom are bipartisan. Joe Biden, however, is not an elected official. He is a leader of the Democratic Party. His duty is to the party and the party’s legitimate interests. If he does not support those interests, then he should stop calling himself a Democrat, or at very least abstain from leadership.
Biden’s duty was to try to make sure his party won the House. Losing the House would have been a disaster. For all he knew, that single race might have been the difference between a House majority and a Democratic loss. He could not ethically choose his own interests over the party, and that’s what he did. The endorsement was based on Biden’s personal interests—cancer research, because of his son—and not the party’s. This is a serious conflict of interest. Now, since Joe is a dolt, this might not have occurred to him. Still, based on his personal agenda, he saw fit to harm the prospects of his own party’s candidate. Betrayal, by definition. Frankly (to quote from Miachel’s quoted source), I don’t care whether “most Americans” don’t recognize what’s wrong here. Most Americans, indeed most politicians, don’t comprehend what conflicts of interest are. I do. It’s my job.
Biden’s conduct was unethical, placing his personal agenda above hos party’s, even before we get to the ugly fact that he was paid to do it—by a foundation run by the family of the GOP candidate he was praising. Note that the piece ahead doesn’t mention this little detail at all. It’s hilarious, really. “This is what we’ve come to: partisans attacking a lifelong public servant because he has the nerve to show active support for a member of another party who played a key role in the passage of legislation that vastly improves efforts to fight a disease that took the life of his child.” Yes, and all he need to work up that “nerve” was a check for $200,000.
Here is Michael’s Comment of the Day on the post, KABOOM! Biden Takes A Bribe: