“All They Have To Do Is Not Be Crazy, And They Can’t Even Do That” Observations

The quote in the title, in various forms, has been repeated as a running gag on Instapundit, the conservative mega-blog, for four years now. The idea behind it was that in light of the chaotic and intentionally obnoxious style of the President, Democrats only needed to behave in a statesmanlike, responsible, fair and judicious manner to prevail politically. Instead, they did exactly the opposite.

The problem is that acting crazy worked. The increasingly radical leftist base wanted to rain anger and hate down on President Trump while trying every avenue to remove him without having to brave an election. After originally resisting, the Democratic leadership eventually capitulated, bolstered by now completely partisan news media and the Republican NeverTrumpers, whose hatred of the President was as much driven by class as politics. Now that Democrats have won control of the Senate as well as the White House, they apparently see no reason to stop the formula that succeeded so well—at the cost of dividing the nation, risking violence, destroying trust in our institutions, and cementing a new normal of endless political warfare, but still. This has become the party of “the ends justifies the means.”

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Good! No Charges For The Officers Involved In The Kenosha, Wis. Shooting Of Jacob Blake

riots

Now come the mostly peaceful riots.

I wish I were kidding. The Wisconsin National Guard was activated on Monday ahead of the charging decision announced today. 500 soldiers were sent to Kenosha, businesses have been boarded up and fencing has been erected around a local courthouse. When Blake was shot seven times and left paralyzed after the August 23 incident in which he disobeying officers’ lawful commands, struggled with police while resisting arrest, and attempted to enter the driver’s side door of his car, all after violating a court order and returning to harass a women he had been accused of raping, Kenosha was subjected to extensive Black Lives Matter-led riots. There was citywide unrest, looting and violence toward law enforcement; approximately a hundred cars burned, businesses were ransacked and there were violent attacks on police, with one uniformed officer knocked unconscious after he was struck by a brick.

Though Blake had an extensive criminal record and was threatening a woman at the time of his arrest, the shooting prompted the NBA, WNBA and Major League Baseball players to boycott their own games. These players knew nothing about Blake other than the fact that he was black and was shot by police officers.

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Ethics Flotsam And Jetsam, 1/4/21, Borne Back Ceaselessly Into The Past

Gatsby

 “The Great Gatsby‘s” 1925 copyright expired on January 1, 2021, and right on cue, Amazon announced that it was selling a now-legal prequel to that wildly over-praised F. Scott Fitzgerald novel called “Nick,” by Michael Ferris Smith: “A tumultuous origin story of one of the most famous and unforgettable literary narrators, Nick is a true cross-continental bildungsroman. This emotional novel successfully puts “The Great Gatsby” into an entirely new perspective and era: from the battlefields of World War I to the drunken streets of Paris and New Orleans. Dive back into the world of an unparalleled classic.”

It’s not unethical exactly, I guess it’s just pathetic. This author was waiting to scavenge someone else’s original work, and had his rip-off ready the second the bell tolled. The similarly creatively challenged among you now can repurpose and sell as your own books like Virginia Woolf’s “Mrs. Dalloway,” Ernest Hemingway’s “In Our Time,” Franz Kafka’s “The Trial” (in German) Theodore Dreiser’s “An American Tragedy,” John Dos Passos’s “Manhattan Transfer,” and Sinclair Lewis’s “Arrowsmith” (a personal favorite) among others.

1. Nah, the Democrats aren’t turning into totalitarians! That’s going to be the most-used gaslighting reference here in the ordeal to come I fear, as foretold by this screed in the New Yorker (Pointer: Arthur in Maine) by John Cassidy. Its thesis is that there are legislative steps that can be taken to make sure no political outsider like Donald Trump will ever again defeat establishment hacks like Hillary Clinton and Joe Biden.

Among the steps to “Trump-proof” the Presidency: require all candidates to sell off any businesses they own (lifetime politicians don’t own businesses), force them to release their tax returns, try various end-arounds the Electoral College (none of which are constitutional, in my view), and adopt ranked-choice voting so third and fourth party candidates have no chance whatsoever (they do it in New Zealand, so it must be better than our system).

I’d take the time to fisk this thing, but it begins falling apart on its own like Captain Queeg on the witness stand about halfway through, descending into standard anti-Trump blather about “norms,” lies, and “verbal assaults on the media” (which thoroughly deserved them).

The author really exposes his bias when he cites Citizens for Responsibility and Ethics in Washington as his ethics authority, a group that somehow only finds ethics violations in the Republican Party.

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Comment Of The Day: “From The Law Vs. Ethics Files: This Controversy Has Everything—Fine Art, Nazis, Lawsuits, Sheep…”

hitler-art

Genie Baskir, who has commented on Ethics Alarms since 2011 and averages about two entries a year, makes her latest comment count: it’s an unusually tough and moving Comment of the Day, on the post, From The Law Vs. Ethics Files: This Controversy Has Everything—Fine Art, Nazis, Lawsuits, Sheep…:

Everything was stolen from Leone and her own children and grandchildren. The painting represents the hole in her life and that of her descendants whether obvious or not. The University of Oklahoma’s insistence on keeping the spoils of Holocaust looting represents the continued suffering of every victim of massacre and mass murder since WWII. Overcoming this trauma does not absolve offspring collaborators of their offenses and, let me make this clear, the University of Oklahoma is an offspring collaborator. It knows that Leone Meyer was in the subordinate position in this negotiation and now it wants to continue it descendant collaboration in mass murder and looting because it thinks it can just like the first Nazis held their collective victims’ feet to the fire 80 years ago.

The majority of Holocaust survivors are dead now but their children know and remember the hole in their collective lives as they are collateral victims themselves. We know and remember. Leone Meyer knows and remembers.

My own mother died not ever knowing what happened to her parents and brother. Both of my parents were sole survivors of large extended families. Imagine having no grandparents, aunts, uncles, cousins or any close blood relations. Imagine being a child processing that everyone of immediate consequence has been murdered. I claim no uniqueness. Massacres and the resulting survivors are still a common occurrence. What’s missing is the empathy and compassion of those who have not that knowledge.

When my mother, aged 15, returned to her home after walking across Poland in late 1944 the next door neighbor, stunned that she survived, reported that the home had been looted by all of the neighbors. He then returned to her a doll and her movie star picture albums. The neighbor then told her to get out of town or she would be murdered by her other neighbors who were complicit in the disappearance of the Jewish families.

The back of the returned movie star pictures had my mother’s mother’s handwriting on them. This handwriting is the only extant evidence that Augusta Pecenik Fischer ever lived at all. Lucky for me that no one is fighting me for these artifacts.

If possession is 9/10ths of the law and the painting is still in France then let France continue to atone for its own collaboration in mass murder. Who will enforce the Oklahoma District Judge’s Order anyway? Who does he or she think they are? After everything that has happened to us, we are afraid of a contempt order from a Judge with no enforcement ability anyway? This Judge is another offspring collaborator if he or she thinks those of us with knowledge care about the ruling.

The burden is on those of us with the knowledge of such tragedy and trauma to try and relieve the suffering of those who are continuing victims. The Judaicide of the 20th century is unique only in that its surviving victims had the strength and wherewithal to demand wholeness in the aftermath. No one was ever made whole but the ability to continue the struggle was rejuvenating as was the ability to start again with new families and offspring and new wealth.

Anyone who knew my mother in the United States without knowing what happened to her would never have guessed what was taken from her when she was just a little girl. Her suffering was never an exterior mien burdening all who met her. She channeled her efforts at wholeness into amassing her own impressive wealth and living well as her revenge. Leone Meyer is struggling for wholeness as represented by this great work of art and she is already the winner.

Offspring collaborators like the University of Oklahoma are empty vessels of opportunity mixed with ignorance and hatred for their moral obligations. We must pray for them to realize the errors of their ways.

From The Law Vs. Ethics Files: This Controversy Has Everything—Fine Art, Nazis, Lawsuits, Sheep…

stolen painting

The painting above is “La Bergère,” or “Shepherdess Bringing in Sheep,” by Camille Pissarro, a renowned French Impressionist. The 1886 painting, like so many other priceless works of art, was stolen by the Nazis in 1941, when they looted the French bank where the Jewish family who owned, the Meyers, it had placed the painting for safe-keeping. Dr. Léone Meyer, whose mother, grandmother, uncle and brother died in Auschwitz, searched for her family heirloom ever since the end of World War II. Finally, in 2012, she traced the painting to the Fred Jones Jr. Museum of Art at the University of Oklahoma.

In 2016, she negotiated a compromise to trade the painting back and forth between the university and a French museum, but the controversy was re-opened when Dr. Meyer decided that she wants the painting permanently dispalyed in France. Now the courts are involved, on two continents. A judicial tribunal in Paris is deciding whether to block the work from being shipped out of France, and ordered Dr. Meyer and the university to meet with mediators. A federal judge in Oklahoma, meanwhile, has threatened to hold Dr. Meyer in contempt if she continued to pursue litigation in France. A trial is scheduled for January 19 in Paris to hear Dr. Meyer’s arguments for keeping the work there, and a second hearing is set for March on whether to prohibit the painting’s trip back to where the the wind comes sweeping down the plain.

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Comment Of The Day: A Missive From The Trump Deranged

“[Y]ou are evil, like, you know, from the Bible.”

——Jeffrey Field, the self-banned Ethics Alarms commenter who posted here under the handle “Fatty Moon,” in a hate bomb dropped in my in-box tonight for no apparent reason.

Here’s the whole message:

“I got someone who should be executed for treason. Trump leads the list. How about a few more? [This was followed by a link to some wacko pronouncing Ted Cruz’s symbolic protest over the shady 2020 election a threat to democracy; I didn’t watch more than a few seconds.] As I just posted on FB, I loathe you for what you said about Bradley Manning. Treason? You got it. It’s called Trump. Not only is he treasonous, but he’s also fucking stupid…Enjoy your new laptop while millions don’t know where their next meal is coming from.    And, always, remember this. I thought you were intelligent. And you are. I thought you witty. And you are. What I didn’t know all those months, is that you are evil, like, you know, from the Bible.”

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Saturday Evening Ethics Post, 1/2/2021

10-saturday-evening-post-magazines

State of the Blog: Yesterday marked the 365 day low point in Ethics Alarms traffic after what was otherwise a lively year. Coincidentally, it also marked the all-time high point in Ethics Alarms followers, if you don’t count Twitter, which I do not.

I’ve got a lot of housekeeping to do on the blog, and I’m hoping the annual dead spot after New Years gives me time to do i. This includes fixing some broken links, continuing to fix typos both old and new (Pennagain and Other Bill provide a marvelous service by flagging them, and I am behind right now), taking down some pages and categories that are or will soon be out-dated in the wake of President Trump’s defeat, taking the time to see if I can master the WordPress “block” system which right now robs me of an extra 30 to 40 minutes every day, and finishing and posting several articles that have been hanging around my neck in various states of incompletion. There are a couple of rationalizations that need posting, too, and some Comments of the Day that fell through the cracks.

I always have hope that I will get up the Ethics Alarms Awards for the year, which I have failed to do now for several cycles. They are fun, but they take a lot of time, and the stats say few read them. I may try a less ambitious version

Facebook finally allows me to link to articles, though it won’t post the graphics like it will for other websites, but after two years of being blocked for violating Facebook community standards, I consider that progress.

To be honest, I’m tired, and right now I’m sick and tired. The core group of commenters here keeps me focused on the mission, and for that I am grateful beyond words.

1. I was going to devote a whole post in rant form to this, but I calmed down. In August of last year, The Robert H. Jackson Center hosted a discussion on comedian George Carlin’s “7 Dirty Words” and the 5-4 FCC v. Pacifica Foundation SCOTUS decision in 1978 upholding the broadcast restrictions on George Carlin’s “seven dirty words” routine as well as the words he discussed. Emmy-nominated producer Stephen J. Morrison, serving as moderator, was joined by comedian Lewis Black, Carlin’s daughter Kelly Carlin and Cornell Law professor Howard Leib. I stumbled upon a recording of the discussion on the Sirius-XM “Classic Comics” station, and my head exploded so many times that I had to clean up the car like John Travolta in “Pulp Fiction.”

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Conclusion: The President Will Pardon Himself, And Should

POTUS pardon

For a party that has throttled down on the Big Lie that President Trump has been unusually disrespectful of crucial democratic norms, Democrats are remarkably fond of obliterating some of the most crucial norms established since 1792, norms that have served us well. They began by defying the norm of an opposing party accepting the election of a President and beginning his term with a demonstration of good will, loyalty and cooperation. They continued with the abuse of impeachment, dispensing with the requirement of a high crime or “misdemeanor,” seeking President Trump’s removal for conduct indistinguishable from that of his predecessors. Now it is clear as crystal that the party intends to prosecute Trump after he leaves office, criminalizing politics and following the practice of totalitarian regimes like the Soviet Union, which often imprisoned—or killed— political opponents as soon as they lost power.

Democrats have come close to doing this before. They would have prosecuted Nixon, whom they hated almost as much as they hate Trump, had Gerald Ford not courageously taken that opportunity away. Many in the party wanted to prosecute President Bush for “war crimes.” Now there is little question that, driven by a Trump-deranged base and supported by a legal establishment that has abandoned any semblance of objectivity or restraint, as well as a poisonous news media lacking prudence or perspective, Democrats will seek the imprisonment of Donald Trump as a matter of pure revenge. Whether they can prove his guilt of actual crimes is a secondary matter. They want to destroy him as a warning to any other outsider who dares to challenge what they believe is the inevitable progressive ascendancy.

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Oh, Why Not? Let’s Start Off 2021 With “Mostly Peaceful Protests” Over The Police Shooting Of A Black Man In Minnesota! Will BLM And The News Media Use It As More Evidence Of Systemic Racism?

Idd

They’ll sure try!

Here is how the New York Times described the death of Dolal Idd:

“A Minneapolis police officer shot and killed a man during a traffic stop on Wednesday evening, the first killing by a member of the department since George Floyd’s death in May, a police spokesman said.”

Let’s see: subsequent accounts show that it was not, in fact, a “traffic stop”: police had been looking for Idd as part of a firearms investigation. The account was also misleading in that it didn’t mention that Idd fired on police officers first. And, as I guess I will have to keep writing since the news media will not (although I guarantee jurors in the George Floyd trial will hear it many times), it is far from clear that the sainted Floyd was in fact killed by a police officer.

Other than that, the Times reports is pretty accurate for modern journalism; only three major misrepresentations in a single sentence of 35 words.

Since any shooting of a black man by U.S. police is presumed to be based on racism, a mob of demonstrators appeared at the scene, blocking traffic for several blocks and starting a bonfire in the middle of the street. Authorities urged them not to riot or commit arson, and they did not, apparently because the temperature of ten degrees was too cold for them. Certainly the facts of the shooting couldn’t have had anything to do with it: most of the other police-involved deaths over the summer justified riots no more than this one did, but riots we got.

Multiple police vehicles had converged on Idd’s car. He tried to elude the police, and when he realized he couldn’t, started shooting at the officers. They shot back; of course, as I’m sure we will hear from Joe Biden or someone, they should have tried to “wing” him. Sadly, he was killed at the scene.

Such a loss. The Star Tribune reports,

In 2019, Idd was convicted of illegally possessing and firing a gun in Hennepin County. The charges say, in July 2018, Idd fired a gun in the basement shower of his parents’ home around 1 a.m. with two children sleeping nearby.

Idd’s mother told Eden Prairie police that her son was not permitted in the house because “he scares the children.” Police arrested him later in Bloomington with a 9mm handgun that had been reported stolen in North Dakota, according to charges.

We haven’t heard from Idd’s parents and friends since the shooting, but then Ben Crump hasn’t been hired yet to represent them. I’m sure we will soon be told that Idd was a wonderful human being who wouldn’t hurt a fly, and who was in the process of turning his life around until those racist police snuffed out his beautiful life. Just look at his picture (above)! Now who could believe someone with such a sweet face was trying to kill cops? Here’s another one that is being used by the media and a GoFundMe page:

Idd2

Anyone can see he was harmless! There has already been a vigil, as CAIR sensed an opportunity. Idd was a Muslim, and as we all know, Islam is a non-violent religion.

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Last Gasp Ethics, New Year’s Eve 2020

Happy New Year, Everybody!

1. A late entry in the “Most Unethical Lawyer of 2020” competition! McGinnis E. Hatfield was stripped of his license to practice law by the West Virginia Supreme Court. What did he do? Well, this section of a transcript of his conversation with a female client explains things pretty well:

Female: “I thought like when we first started out, I was just going to pay you. I didn’t know that you wanted sex out of the whole thing.”

Hatfield: “Well, I’d have to charge you like $1,500 bucks. You don’t have $1,500, do you?”

Female: “No.”

Hatfield “So come on out here. Just come. What time do you want to come?… [I]t’s just not going to work unless you do what I say.”

Female: “What do you want me to do?”

Hatfield: “… “Well, I want you to let me eat your pussy, and then I want you to let – I want you to suck my dick, and then, you know, I just have to – I’m as straightforward as I can be. And if you don’t want to do that, then fine. I don’t have any- I like you. And if you don’t want to do that, then we’ll just have to call it off.”

Female: “Is that not – all right. That’s fine. Whatever.”

Hatfield: “Is that okay?”

Female: “I mean no, not really because I’m not a whore.”

Hatfield: ” … And like I said, if you won’t want to do that, then that’s fine by me. I wish you luck. And if you don’t want to do that, then I’m not going to try to represent you. So that’s a benefit for you. And I’ll give you some money, too[.]”… You know, I’m shooting straight with you. I told you from the beginning that sex was important to me. I want some now. Nobody’s tried to trick you. And it would be safe, too. But anyway, if you don’t want to do it, that’s fine by me, honey, but you’ll have to get somebody to help you with your divorce, too.”

Female: “Okay, That’s fine.

Of course, it’s not fine. Lawyers are prohibited from having sex with clients in most jurisdictions. Lawyers cannot encourage individuals, including clients, to commit a crime. Mr. Hatfield compounded his problems when he flunked the easiest part of a disciplinary inquiry, telling the judge who asked Hatfield whether in retrospect, he found his behavior inappropriate or unethical,

“I think my conduct in this whole situation is human. And that’s the only defense I’m offering. Lord knows, we all need that. So that’s as far as I’ll go with that.”

The judge tried again, asking, “Are you remorseful?” Hatfield replied, “No. I have no remorse. I feel like I’ve been victimized.”

What an idiot.

It put me in mind of the Steven Wright line, “How did the fool and his money get together in the first place?”

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