Saturday Ethics Respite Before Holiday Madness, 11/21/2020: The Justice, The Pope, The Scouts, And The Chickens

This is annually the last day before everything goes bananas in Marshall World. From now until New Years, its like the Nantucket Sleigh ride, not quite as dangerous, but not as much fun either. November 22 is the anniversary of Kennedy’s assassination, my generation’s 9-11. It changed everything. The 23rd is my anniversary, #40, which my son is sure to forget and my wife, for various reasons, doesn’t like to celebrate. Next is Thanksgiving, always depressing now because what was once a vibrant table of 7-15 relatives and friends is now at most four and a lot of wistfulness. My birthday comes on December 1, forever tainted because my perverse father chose the date to die on, and fate chose me to find his body. Then it’s the anxious run-up to the Christmas holidays, which always follows in the deadest period for ProEthics, meaning that we are counting pennies at the one time of the year we don’t want to be. (There is also the annual tree drama, since both my family and Grace’s were addicted to real, meticulously decorated trees, and we have a 20 foot ceiling which makes any tree less than 8 feet look silly. The thing takes about 2500 lights, which I have the responsibility of hanging, and then over a hundred mostly unique ornaments, beginning with the yarn Santa my mother made for Jack Sr. and Eleanor’s first scraggly tree in their new Cape Cod-style home in Arlington, Massachusetts. It was 1948. Getting our tree up and decorated to family standards takes about twelve hours and multiple First Degree prickle wounds. I can’t wait.

On the plus side, I’ll finally finish the Ethics Alarms Ethics Guide to “Miracle on 42nd Street”…

1. No, I’m not surprised that the Catholic Church sexual abuse cover-up went straight to the top. Are you? I’m not even disappointed. This is what organizations and institutions do: they protect themselves, and sacrifice the victims of their misconduct.

The Vatican this month released a report that showed Pope John Paul’s role blame in allowing the disgraced former prelate Theodore E. McCarrick to continue in the Church’s hierarchy.

The investigation, commissioned by Pope Francis, who canonized John Paul in 2014, reveals how the Pope ignored a wave of accusations of sexual abuse and pedophilia against McCarrick. Three popes participated in the cover-up, but one of them, John Paul, has been canonized. So Catholic saints are now accessories to rape.

A reversal of the canonization, which may never have happened, is unlikely, but it may slow the rush to canonize future popes.

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They—We—Executed Orlando Hall. Good.

lethal drug

One area in which the likely arrival of the Biden administration will surely signal furious back-tracking efforts will be the perpetual moral and ethical controversy over capital punishment. The execution of Orlando Hall was the eighth since the Trump administration revived capital punishment for federal crimes and the first of three scheduled during the presidential transition, if there is one.

The progressive way of the moment is to minimize or eliminate any punishment whatsoever for crimes. President-sort-of-elect Biden, in an exuberant moment, said during the campaign that there shouldn’t be prison time for any non-violent crimes. (Any non-violent crimes, Joe?) In the throes of the George Floyd Ethics Train Wreck, the bonkers concept has been promoted by the Black Lives Matter constituency that the justice system is so racist that punishing any black citizen for any crime is perpetuating “systemic racism.” Here’s Ellie Mystal, The Nation’s “justice correspondent,” writing way back in 2016:

“Black people lucky enough to get on a jury could use that power to acquit any person charged with a crime against white men and white male institutions. It’s not about the race of the defendant, but if the alleged victim is a white guy, or his bank, or his position, or his authority: we could acquit. Assault? Acquit. Burglary? Acquit. Insider trading? Acquit.Murder? … what the hell do you think is happening to black people out here? What the hell do you think we’re complaining about when your cops shoot us or choke us? Acquit. Don’t throw “murder” at me like it’s some kind of moral fault line where the risk of letting one go is too great. Black people ARE BEING MURDERED, and the system isn’t doing a damn thing to hold their killers accountable. Sorry I’m not sorry if this protest idea would put the shoe on the other foot for a change.”

Mystal isn’t alone, and since the death of Floyd with a white police officer’s knee on his neck, his logic, if you can call it that, has become infectious. Race is a factor that may signal bias by jurors: major political leaders, pundits are and academics are arguing directly that all whites are prejudiced against blacks, and Mystal’s ilk are calling on black jurors to acquit even guilty black defendants as cultural “tit for tat.” (Ellie’s a lawyer and still reached this conclusion, and still is employed as an authority. But don’t get me started on Ellie.)

It is time to reconsider and perhaps revise the absolute principle the Supreme Court articulated in Batson v. Kentucky, 476 U.S. 79 (1986), the landmark decision ruling that a prosecutor’s use of a peremptory challenge in a criminal case, dismissing a juror without stating reason for doing so, may not be used to exclude jurors based solely on their race. After all, if all whites are secretly or subconsciously hostile to blacks, they can’t be trusted to judge the guilt of a black defendant, and if blacks are being urged to fight systemic racism and “mass incarceration” by acquitting guilty black criminals, they can’t be trusted either.

Maybe what we need is all Asian-American juries.

But I digress…slightly. Here was the ABA Journal’s headline regarding the execution of black death row inmate Orlando Hall: “Federal inmate tried by all-white jury is executed after Supreme Court lifts execution stay.” Justices Breyer, Sotomayor and Kagan, the so-called liberal minority on the Court, dissented from the Supreme Court order allowing the execution to proceed without explaining their dissent. They don’t have to. Biden has said he will work to end the use of capital punishment by the federal government, reversing President Trump’s support for it: the Left considers the death penalty to be an 8th Amendment breach, “cruel and unusual” punishment.

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The Left’s Assault On The Rule Of Law And The Legal Profession’s Cowardice, Or “Nice Little Firm You Have Here—Be A Shame If Something Were To Happen To It!” (Continued)

A-Pistol-Against-My-Head.

As discussed in the first section of this post, the once sacrosanct principle that lawyers and law firms were ethically obligated to represent unpopular clients when they needed legal assistance has been deteriorating for the last decade, most recently under pressure from the self-righteous Left. Victims of the new progressive ethic that the ends justify the means, Lawyers and law firms have been threatened when they dared to align themselves with the opposition to progressive agenda items, because, in the universe to the port side of the ideological spectrum, those who don’t agree with the righteous are evil.

And it seems clear that few lawyers possess the courage and integrity to remains professional in their response to such threats.

After the King & Spalding embarrassment described in the earlier post, a similar episode occurred involving Obamacare.  In House of Representatives v. Burwell, the House challenged the legality of subsidies the Obama administration paid to insurers. After the House authorized the suit, David Rivkin and his firm, Baker Hostetler, signed a contract to litigate the case.

Rivkin was warned by members of the firm that litigating a case in opposition to Obama could drive off potential clients and hurt Baker Hostetler’s credibility…that is, its bottom line. Within a week after the contract was announced, partners at the firm, which represents many hospital management firms and insurance companies, started to receive urgent calls from general counsels of clients in the health-care industry. The messages were identical: their companies could not continue to associate with Baker Hostetler if it litigated the House’s lawsuit. Many suspected that the Obama administration was behind the scenes, urging health-care companies to drop Baker Hostetler. The firm dropped the case.

The House, suddenly without legal representation, frantically sounded out many of the top firms in Washington without success. The House finally selected D.C. lawyer William Burck of Quinn Emanuel Urquhart & Sullivan LLP. Three weeks later, without any explanation, Burck also withdrew from the case under pressure from his firm’s partners.

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Monday PM Ethics Parcels, 11/16/2020: Hypocrisy, Hypocrisy, Harvard

packages--1

1. Hypocrisy One. Another note on crazy-making discussions with the Trump Deranged; I admit to snapping when a once-intelligent Biden voter tossed off the Big Lie that Trump was a danger to individual rights, specifically free speech. “What?” I exploded. “Give me a single example where the President has taken any action that threatens free speech! Meanwhile, conservative speakers have been blocked from reaching audiences on campus, members of  Congress, all Democrats, have argued that “hate speech” isn’t protected under the Constitution, executives, board members, faculty members and others have been forced to resign because of communications that do not comport with progressive positions; citizens wearing MAGA hats have been attacked; Democratic leaders have endorsed Black Lives Matter, which enforces compelled speech (because silence is violence), social media platforms run by Democratic Party supporters are actively censoring conservatives, the a  New York Times editor was forced to apologize and ultimately resigned for allowing an opinion the staff didn’t like to be published as an op-ed, a Democratic Representative and others area calling for supporters of the President to face accountability, and President Trump is a threat to free speech?

Do you know what her sole justification for that position was? The President attacked the news media and declared them the “enemy of the people.” That was it. That was enough: words, not actions. Barack Obama’s administration bugged a journalist. Obama himself attacked Fox News. But Donald Trump threatened the First Amendment.

I don’t understand how such nonsense can come out of an educated person’s mouth without her hearing it and gasping, “Wait! That was completely ridiculous! What’s the matter with me? How did I get this way?”

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Sunday Ethics Infusion, 17/15/2020: “Run Away!”

1. To channel Scarlet O’Hara…If one more Trump-Deranged individual accuses me of  adopting right-wing media conspiracy theories, I will get angry, and they won’t like me when I’m angry. I accept analysis from no one, especially from the likes of (the former version of) Fox News, Breitbart, Mark Levin and others of note. If I like a legitimate authority’s analysis (like, say, Andrew McCarthy, Ann Althouse or Jonathan Turley), I will credit them for it. “It sure is suspicious that your points agree with theirs” I was told today. It’s no more suspicious than the fact that their stated analysis agrees with mine. I’m not tolerating this insult. I’m at least as informed, educated and intelligent as those I am accused of “parroting,” and I’m considerably more informed, educated and intelligent than the typical knee-jerk progressive water-carrier who tries to win arguments they have neither the wit nor the facts to support by calling me incapable of forming my own opinions.

2. An update! The original collection of movie clips that Ethics Alarms uses repeatedly to illustrate certain points has been expanded considerably.

3. “Run away!” I see that conservatives are “fleeing” Facebook and Twitter for the allegedly more accommodating and less censorious environs of Parler and MeWe. EVERYONE should bolt from Facebook and Twitter if they have any concern about the social media platforms manipulating public opinion and possible tilting the election by partisan censorship, not to mention the mendacity of both platforms’ CEOs and their basic lack of trustworthiness.

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Saturday Ethics Aftermath, 11/14/2020: Art And Ethics

Brussels statue

1. Movie plot ethics. It’s clear that I have watched far too many movie and TV programs. I am now at the point where certain routine plot and directorial devices not only annoy me, they insult me. I regard these now as disrespectful and incompetent, and in that sense, unethical. I’m not talking about the cliches that still work with the young and uninitiated, like how the apparently dead/injured/ betrayed/ rejected or abandoned character you forgot about is always the one who shows up to save the day. (Among the reasons I love the “Magnificent Seven” so much is that when the one member of the team who had quit shows up to rescue his pals in the final gun battle, he is shot and killed immediately.) I’m referring to tropes that are self-evidently stupid and should seem so for any viewer over the age of 12.

For example,  if there’s a vicious, murdering psychopath chasing you, and you knock him cold with a steel pipe or incapacitate him in other ways, you don’t assume he/she/it is dead and leave the killer there to revive and slaughter you. You make sure the manic/monster is dead. Beat his head to a pulp; heck, cut it off.  This is often paired with another idiotic scene, the ill-timed hug. The world is going to blow in seconds, zombies are coming, crazies are beating down the door: save that passionate embrace for later, you morons! The same applies to long, emotional conversations in the midst of disasters when every second counts. Which is worse, I wonder: the long debate in “Armageddon” between Bruce Willis and Ben Affleck when they have literally seconds to save the Earth from an asteroid apocalypse, or the even longer argument among three fire fighters in the middle of a burning building?  That was in “Backdraft,” and I never quite felt the same about director Ron Howard after that.

2. Statue ethics again.  A new London  sculpture dedicated to Mary Wollstonecraft, the 18th-century writer and feminist hero (and the mother of Mary Shelley) is attracting much hate from art critics and the public.

MW memorial

The work by the British artist Maggi Hambling features a small, naked woman standing on a pillar silvered bronze, set on a cube of dark granite. The overall form is just larger than an average person, and sits well with the park: “Why is Mary naked?” critics are demanding. One Twitter user said: “I had no idea Mary had shredded abs.”

Morons. Read the statue’s base: “For Mary Wollstonecraft, 1759-1797.”  This is not intended to be a likeness of, but a tribute to,Wollstonecraft, whose most famous quotation from her “A Vindication of the Rights of Woman,” published in 1792, appears on the other side of the base:  “I do not wish women to have power over men; but over themselves.”

Before one starts criticizing anything, it is essential, fair and responsible to know what one is talking about. Every day I send to Spam Hell comments from Ethics Alarms critics who obviously didn’t read the post they are commenting on. I once went to great lengths to get a local theater critic fired who reviewed a show I directed after I saw her walk out before the second act.

On the other side, as a stage director who made being clear my prime directive, I hold the artist partially responsible when a large proportion of viewers don’t understand what is being communicated.

3. Then there is this:

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A False Narrative Exposed, Part 2: The Times’ Editors Beclown Themselves (Cont.)

clowns

The examination of the New York Times’ disgraceful editorial of October 26, “The Republican Party’s Supreme Court,” continues. The first section is here; Part I of “A False Narrative Exposed” is here.

“It was never about the supposed mistreatment that Robert Bork, a Reagan nominee, suffered at the hands of Senate Democrats in 1987. That nomination played out exactly as it should have. Senate Democrats gave Judge Bork a full hearing, during which millions of Americans got to experience firsthand his extremist views on the Constitution and federal law. He received an up-or-down vote on the Senate floor, where his nomination was defeated by Democrats and Republicans together. President Ronald Reagan came back with a more mainstream choice, Anthony Kennedy, and Democrats voted to confirm him nine months before the election. Compare that with Republicans’ 2016 blockade of Judge Merrick Garland, whom they refused even to consider, much less to vote on: One was an exercise in a divided but functioning government, the other an exercise in partisan brute force.”

Garland again! Returning to this anomalous and reckless gambit by McConnell signals that the Times has no genuine arguments other than rationalizations. The argument stated amounts to “they rejected our guy’s qualified judge, so we should have been able to reject their guy’s qualified justice!” (Pssst! Times editors! You’re supposed to be objective journalists. You’re not supposed to have a “guy.”)

But the worst is “supposed mistreatment.” Supposed? Here’s the infamous and slander suit-worthy attack on Bork by Senator Ted Kennedy:

“Robert Bork’s America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens’ doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists would be censored at the whim of government, and the doors of the federal courts would be shut on the fingers of millions of citizens for whom the judiciary is often the only protector of the individual rights that are the heart of our democracy.”

No nominated judge had previously been subjected to insults in this manner, and no judge was after until the Democratics again stooped to such depths in their savaging of Brett Kavanaugh. Robert Bork was a conservative justice, but Justice Antonin Scalia was equally conservative if not more, and Bork was acknowledged to be brilliant by friend and foe. Bork was an intellectual, not an ideologue, and he believed in stare decisus, meaning that he was not a threat to vote to overturn established precedent, as Senator Kennedy, who might have been challenged to have graduate from a correspondence law school, implied. Had the tradition that existed before the Senate Democrats slimed Robert Bork not been obliterated, and the wise rule that if a President nominated a qualified judge for the Court, that judge was confirmed in a bipartisan vote, both Garland and Barrett would have glided through confirmations.

“How will a Justice Barrett rule? The mad dash of her confirmation process tells you all you need to know.”

This is called “not answering the question.” The Times doesn’t know; nobody knows. Trump’s previous two nominations to SCOTUS have surprised, so has Chief Justice Roberts; so have many previous Justices, like Souter, Blackmun, Powell, and others. Interestingly, it is almost always the conservative judges who show the ability to decide cases on their merits rather than knee-jerk ideology, angering the knee-jerk ideologues on the right.

“Republicans pretended that she was not the anti-abortion hard-liner they have all been pining for, but they betrayed themselves with the sheer aggressiveness of their drive to get her seated on the nation’s highest court. Even before Monday’s vote, Republican presidents had appointed 14 of the previous 18 justices. The court has had a majority of Republican-appointed justices for half a century. But it is now as conservative as it has been since the 1930s.”

Again, this is a flat-out misrepresentation. So far, the Roberts Court has not been extremely conservative in its rulings.

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A False Narrative Exposed, Part 2: The Times’ Editors Beclown Themselves

Clowns

[This is Part 2 of the Ethics Alarms essay that begins here.]

The first section of “A False Narrative Exposed” concluded,

The extent of the Democrats’ false smearing of Justice Amy Coney Barrett and the blatant fearmongering regarding the consequences of her confirmation are put in sharp perspective when one goes back and re-reads the New York Times editorial of the week before headlines, “The Republican Party’s Supreme Court.”  Indeed, the Times editorial shows us much more: the utter dishonesty of the mainstream media and its willingness to mislead rather than inform the public; it’s deliberate employment of false history to advance its partisan ends, and perhaps  most damming of all, the weak powers of reasoning and analysis the alleges cream of the journalistic crop applies to its craft. Then there are the repeated reminders that the Times is so deeply in bed with the Democrats that it can count its moles.

Let’s look at that editorial…

“What happened in the Senate chamber on Monday evening was, on its face, the playing out of a normal, well-established process of the American constitutional order: the confirmation of a president’s nominee to the Supreme Court. But Senate Republicans, who represent a minority of the American people, are straining the legitimacy of the court by installing a deeply conservative jurist, Amy Coney Barrett, to a lifetime seat just days before an election that polls suggest could deal their party a major defeat.”

Right—those phony polls meant to suppress the GOP vote showing that the Democrats were going to increase their dominance of the House and win control of the Senate. The scandalously misleading and mistaken polls were also part of the novel Democratic argument, endorsed by the Times, that the Senate should reject a legal and historically routine SCOTUS nomination because of clearly biased polls…a corrupting phenomenon the Founders never heard of.

“As with President Trump’s two earlier nominees to the court, Neil Gorsuch and Brett Kavanaugh, the details of Judge Barrett’s jurisprudence were less important than the fact that she had been anointed by the conservative activists at the Federalist Society. Along with hundreds of new lower-court judges installed in vacancies that Republicans refused to fill when Barack Obama was president, these three Supreme Court choices were part of the project to turn the courts from a counter-majoritarian shield that protects the rights of minorities to an anti-democratic sword to wield against popular progressive legislation like the Affordable Care Act.”

The only valid question for the Senate to consider was whether Barrett was qualified. Even the deeply progressive-biased American Bar Association  agreed that she was. I don’t know what the Times is trying to say: the Federalist Society wouldn’t have approved of an unqualified justice. “Anointed’ is just cheap Times rhetoric meaning “conservatives tended to agree with her jurisprudence,” just as progressives approved of the late Justice Ginsberg. Both had to excel during tough questioning in their confirmation hearings. Neither was “anointed.” The editorial board is pandering to its readership’s hysterical biases against conservatives….

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Wednesday Ethics Windstorm,11/11/20: Liars, Knaves, Fools And Birds

Great Tit

1. Incompetent headline dept. Someone at a newspaper has to be alert enough to catch a risible headline like this:

Great tits

A Great Tit is the pretty bird above.

2. Who believes that MSNBC didn’t know this? (I don’t.) MSNBC was shocked—shocked!—to discover that the Pulitzer Prize-winning historian Jom Meacham, who had been a regular on MSNBC’s 24-7 anti-Trump barrage, never told them that he was working for the Joe Biden team. on speeches, including his victory address. Meacham appeared on MSNBC following the speech to comment on the speech he had written but didn’t disclose to viewers that the speech he loved cane from his own laptop as he said,  “Tonight marks — the entire election results mark — a renewal of an American conversation where we’re struggling imperfectly to realize the full implications of the Jeffersonian promise of equality,” said Meacham. “It’s taken us too long, our work has been bloody and tragic and painful and difficult and, Lord knows, it is unfinished, but at our best we try.”

MSNBC announced that due to this “discovery. Meacham would no longer be a paid contributor, but he would be welcome to appear on future panels, thus showing the high regard for integrity for which the network is famous. If Meacham lied to MSNBC and its viewers while withholding a crucial conflict of interest, why would he be allowed back on the air in any capacity? Why would anyone trust him?

I believe that MSNBC knew that Meacham was working for Democrats while he was bashing Trump. And this is yet another example of how unprofessional the profession of historian has become.

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Good Morning! Once Again, Here Is A 2020 Election Ethics Train Wreck Update…[Corrected And Revised]

live_map_president

1. As you can see from the map above, RealClearPolitics, the remarkably balanced politics blog (which means that progressives view it as a right wing propaganda organ) still rates the election as undecided.

Notice of Correction: Several sources reported incorrectly that RCP had called the election for Biden and then reversed itself based on, among other developments, the Trump campaign’s lawsuit alleging widespread voting fraud in Pennsylvania. RCP sent out a tweet denying that it had ever had William Penn’s pride and joy listed as anything but unsettled. Thanks to EA readers who pointed this out, and good for RCP for not following the mob and its conventional wisdom. What matters, of course, is what the map says now, and that at least one non-partisan, responsible source officially regards the election as undecided, which, in fact, it is.

RCP also shows Arizona, Alaska for some mysterious reason, Georgia, and North Carolina. All but Alaska currently have the President less than a percentage point behind with recounts looming and legitimate questions popping up daily. Biden’s Electoral vote count is under 270, at 259.

Observes Victory Girls, accurately,

Supreme Court Justice Samuel Alito ordered the state to segregate votes that came in late. The state has been very reluctant to follow the orders of a Supreme Court Justice. This happened because at the last minute the Governor of Pennsylvania asked the state Supreme Court to extend the voting time. Constitutional expert Ken Starr [explains] this unconstitutional action:

“…[W]hat happened in Pennsylvania over these recent weeks is a constitutional travesty. Governor Wolf tries to get his reforms, his vision, as he was entitled to do, through the legislature of the Commonwealth of Pennsylvania. He failed. He then goes to the state Supreme Court, which by a divided vote, accepted the substance of what Governor Wolf was doing, and then added thereon nooks and crannies as well.”

In short, there are a lot of Biden votes in Pennsylvania that may be disallowed.

Pennsylvania isn’t enough: Trump still has to run the table to win, and that is a huge long-shot. But the claim that the election is over and settled now is simply and unequivocally false.

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