Mail-in Voting Ethics

Ann Althouse flagged this tweet by “Dilbert” cartoonist/Trump-whisperer Scott Adams, and as is her wont sometimes (unfortunately), uses it to get tangled up in the logical conundrums she finds amusing. I’m not sufficiently amused: Adams is wrong, but he did put his finger on one of the problems with mail voting that advocates for the process refuse to acknowledge.

There is only one way to complete a vote: the voter does something that directly registers his or her choice without any intervening agency or process. No voting procedure that permits voting with intervening agency or process is sufficiently secure and reliable. Those who advocate such systems are to be viewed with suspicion and presumptions of either bad intent or faulty reasoning.

Both Adams and Althouse seem to be laboring under the misconception that someone who accepts the responsibility of mailing someone’s vote has a choice. Such an individual is, under the law, a gratuitous bailee, meaning that they have accepted an obligation without compensation. That means that if they fail the obligation, the one whose task they defaulted on usually has no legal recourse, but it doesn’t change the ethical situation at all. The gratuitous bailee promised to do something for someone, that individual relied on their promise, and the “friend” engaged in betrayal. Continue reading →

From The #BelieveAllWomen Files: Professor Parisi’s Nightmare

University of Minnesota law professor Francesco Parisi has won a defamation judgment of nearly $1.2 million against former girlfriend Morgan Wright over her false accusation of rape that appears to have been in retaliation for a romance gone sour.

His apparently unbalanced accuser was Morgan Wright, a woman who  told people that she a degree from the Juilliard School of Music and a Master of Art degree in educational psychology when she had neither, according to the judge’s decision. She also signed emails “Dr. Wright,” though she was not a doctor. The old rule “Never sleep with anyone crazier than you are” comes to mind.

In addition to  rape, Wright also accused Parisi of sexual crimes against others and of attempting  to run her down with his black Jeep on three occasions, the last after he had sold the car.

“The preponderance of the evidence clearly shows that Wright created a destructive fiction,” Judge Daniel Moreno wrote. “Wright publicized allegations without regard for their truth or effect: that Parisi raped her, that he had sex with underage girls after giving them alcohol, that his daughter accused him of raping her, and that he was HIV positive. She spread these defamatory statements to Parisi’s employer (the University of Minnesota), to the Minnesota Department of Health, and most importantly to the police.”

Oddly, if Parisi had been running for President against Donald Trump instead of being just a law professor, these accusations might not have hampered his career advancement  at all! Continue reading →

Susan Rice Again, Part 2

Continuing with the observations regarding this remarkable document…

4. I was once involved in an anti-trust lawsuit triggered when all of the competitors of the company I was working for gathered together and conspired on ways to sink my employer’s business. Before the minutes of the meeting, the group’s lawyers prepared a statement that that the group absolutely intended to obey all anti-trust laws, and the meeting would embody the ideals represented in those laws. Then they went ahead and, based on a recording of the meeting, planned ways to conspire against our business in direct violation of the laws they claimed to hold in such high esteem.

It was really comical; these idiots though that by having everyone sign a statement that they weren’t doing what they obviously were doing, this would provide some plausible deniability.

5. We now know that Rice’s bizarre memo was written upon the advice of the White House Counsel’s Office. Rice says she waited 15 days because it was her first opportunity to do so, since she had been so darned busy. It would be a more likely srory if Rice had any credibility at all, which she does not.

6. Let’s let Andrew McCarthy try to explain what’s going on here. The anti-Trump news sources will never give him a forum, so he’s related to Fox News, but McCarthy was spot-on in predicting the course of the Mueller investigation, as is as knowledgeable on the machinations of the Deep State as anyone. He explained in part,

How amusing to find President Obama’s national-security advisor, Susan Rice, suddenly calling for public release of the Flynn–Kislyak conversation intercepted by the Obama administration in late December 2016. I called for its release nearly three-and-a-half years ago. Dr. Rice, in a familiar pattern for her, has spent the ensuing years saying things that were obviously untrue only to reverse herself once the paper trail starts to dribble out.

….Rice has gone from claiming to have had no knowledge of Obama administration monitoring of Flynn and other Trump associates, to claiming no knowledge of any unmaskings of Trump associates, to admitting she was complicit in the unmaskings, to — now — a call for the recorded conversation between retired general Michael Flynn and Russian ambassador Sergey Kislyak to be released because it would purportedly show that the Obama administration had good reason to be concerned about Flynn (y’know, the guy she said she had no idea they were investigating).

Naturally, we have now learned that Rice was deeply involved in the Obama administration’s Trump–Russia investigation, including its sub-investigation of Flynn, a top Trump campaign surrogate who was slated to replace Rice as national-security advisor when President Trump took office.

Regarding the memo, McCarthy writes, Continue reading →

OK, “Jane Doe” Was A Lying, Venal, Fick. It Doesn’t Make Abortion Any More Or Less Ethical

In the final 20 minutes of the documentary “AKA Jane Roe,” “Roe,” whose real name was Norma McCorvey, reveals that when she converted to an anti-abortion, born-again ex-gay Christian with the help of leaders of the evangelical Christian right, she was scamming them, us, everybody. Before that stunning reversal, she had been at the center the landmark Roe v. Wade decision, in which the U.S. Supreme court declared that the right to have an abortion was protected by the U.S. Constitution.

“This is my deathbed confession,” she says in the film, sitting in a chair, on oxygen, in her nursing home room , quite evidently pleased with herself. She is asked , “Did [the evangelicals] use you as a trophy?” “Of course,” she replies. “I was the Big Fish.”

“Do you think you would say that you used them?” “Well,” says McCorvey, “I think it was a mutual thing. I took their money and they took me out in front of the cameras and told me what to say. That’s what I’d say.” She even gives an example of her scripted anti-abortion lines. “I’m a good actress,” she points out. “Of course, I’m not acting now.”

Of course.

McCorvey isn’t the first litigant in ground-breaking jurisprudence to change her mind. William J. Murray, the atheist son of activist Madeline Murray O’Hair, who used his complaint about being forced to pray in school to launch the litigation that eventually  got all school prayer in public schools banned as unconstitutional, later became an ardent Christian. This always leads opponents of the decision to respond with “See? SEE?” Continue reading →

Morning Ethics Warm-Up, 5/19/2020: They Can’t Handle The Truth

You want warm? I’ll give you warm!

1. That candidacy flamed out quickly! A movement seemed to be underway to have New York governor Andrew Cuomo replace doddering Joe Biden as the Democratic Presidential nominee when his press briefings regarding his state’s handling of the pandemic seemed so much clearer and straightforward than President Trump’s. (Not exactly a high bar, that.) Then the actual consequences of his leadership became apparent. Cuomo had issued a directive on March 25 requiring nursing facilities to accept patients recovering from the Wuhan virus,  and the policy, as many health experts predicted at the time, was a disaster. More than 5,400 New Yorkers have died in nursing facilities from the virus, forcing Cuomo to withdraw his directive last week. Then New York officials admitted to miscounting nursing home Wuhan virus deaths by only counting residents who died from the disease in the facility itself , intentionally omitting the deaths of residents who died after being transferred to a hospital.

The other problem for Cuomo when he was suddenly thrust into the limelight is that the man is an arrogant jerk who can’t seem to hide it, though the news media usually labors mightily to help him try. Over the weekend, however, a reporter asked Cuomo, “Governor, what would you say to families who have suffered losses inside nursing homes? They’re looking for accountability, and they’d like to see justice.”

Imagine the uproar if Donald Trump had given Cuomo’s answer, which ended with a shrug:

Older people, vulnerable people are going to die from this virus. That is going to happen despite whatever you do. Because with all our progress as a society, we can’t keep everyone alive. Despite what everything you do and older people are more vulnerable. And that is a fact. And that is not going to change.

Oh, I think it matters what you do, Governor. For example, deliberately placing people with a highly contagious disease in a crowded facility filled with the kind of people most at risk of dying from the virus pretty much ensures that more of those vulnerable people will die than would have otherwise. Continue reading →

Monday Morning Ethics Eye-Opener, 5/18/2020: Shopping Carts, Stupid Cabinet Member Tricks, And More [CORRECTED]

Ready?

Many readers have been sending in suggested post ideas, which is especially appreciated since the news media seems to have decided that only pandemic-related matters, Democratic Party-boosting  and Trump-bashing are worthy of prominent coverage. Let’s look at today’s Times front page—one, two—out of six stories, only one, at the bottom of the page, isn’t in one of these three categories.

I’ve also been receiving much appreciated help fixing typos. Thanks. Sometimes I find my own mistake, like noticing this morning that Glenn Logan’s excellent Comment of the Day from the weekend somehow got posted without a headline or a tag mentioning that it was the Comment of the Day.

1. Is State Secretary Mike Pompeo  really as irresponsible, reckless and arrogant as it appears?  The firing of Inspector General Steve Linick is causing “firestorm” #81,753 of the Trump administration because he was reportedly investigating the Secretary of State’ss alleged misuse of taxpayer-funded assets for personal rather than professional purposes. Last summer, members of Congress looked at a whistle-blower complaint accusing Pompeo of asking diplomatic security agents to run errands like picking up restaurant takeout meals and retrieving the family dog from a groomer. In October, a Democratic senator called for a special counsel to investigate his use of State Department aircraft and funds for frequent visits to Kansas, his home.

More than one Trump Cabinet official has had to leave because of this stuff. Anyone working for President Trump has to know that they are under special scrutiny because a whole political party and the news media is searching for any means possible to weaken Trump’s Presidency, throw monkey wrenches into its work, and further undermine public trust. What Pompeo is accused of is petty abuse of power and position, but it is still abuse, and also arrogant rich guy-entitled, “Mad Men” style  self-indulgence. Pompeo knows it’s wrong, and also knows he’s a target. If the allegations are true, it is really stupid for him to do this, and also stupid for the President not to have announced a no-tolerance policy about this kind of conduct months, heck, years, ago.

2. An ethics analysis I had never heard of before: “The Shopping Cart Theory.” [Pointer: valkygrrl] Continue reading →

Hollywood Ethics: The Top 48 Movie And TV Clips Used On Ethics Alarms [ Last Update: 10/12/26 ]

Here is the updated list of iconic movie and TV clips that I turn most frequently to when the circumstances demand.

That’s #25 above, from “Saturday Night Live,” expressing the truth that fixing ethics problems is like sticking one’s finger in a leaking dike...

1. To illustrate the folly of suspending or violating the rule of law, the Constitution, or due process for “the greater good” as it appears to some to be at the time…

From “A Man For All Seasons”:

2. To comment on a strikingly incompetent argument, theory or proposal:

From “Murder by Death”:

3. When I feel I should resist the impulse to attack an ethics miscreant with special vigor, but decide to go ahead anyway…

From “McClintock!”

4.  To explain the conduct of some individuals or organizations that cannot be justified by facts, principles of logic, or any other valid motivation:

From “Blazing Saddles”:

5.  To illustrate the impulse to respond to injustice and the abuse of power by resorting to symbolic acts of pure defiance, even when they are likely to fail…

From “Animal House”:

6. When a individual abandons integrity or other ethical values for a non-ethical consideration…

From “A Man For All Seasons”:

7. When an individual feigns indignation and disapproval of conduct that he or she has either participated in or enabled:

From : “Casablanca”:

8. Used to signal that a politician, journalist or scholar has intentionally or negligently used such impenetrable rhetoric as to be completely incomprehensible.

From “Blazing Saddles”:

9. When an incident or argument makes no sense whatsoever, or that drives me to the edge of insanity:

From: “The Bridge Over The River Kwai” :

10. When a politician, a pundit or someone else  uses a term or word incorrectly to support an unethical action or argument:

From “The Princess Bride” :

11. Warning that a likely event or revelation will contribute to an Ethics Train Wreck already in progress or about to get rolling, or that something is so outrageous that reading or seeing it might prompt cognitive damage in the rational and ethical…

From “Jurassic Park”:

12. Commenting on a particularly incompetent, irresponsible, or otherwise unethical decision with disastrous consequences:

From: “Indiana Jones and the Last Crusade”:

13. To make the point that deciding who are the “good guys” is often hopelessly subjective.

Continue reading →

Sunday Ethics Catch-Up, 5/17/2020: Consequentialism, Graft, Firing the IGs And More Proof Of NFL Rot, As If You Needed Any

Good day!

Lots of ethics flotsam and jetsam hanging around, mostly on my office floor…

1. Speaking of the NFL, the most unethical sports organization extant…Four NFL players were taken into police custody in a span of less than 24 hours from yesterday morning to yesterday evening. First Washington Redskins wide receiver Cody Latimer, was arrested after an incident that started with shots being fired. He was booked on charges of assault in the second degree, menacing, illegal discharge of a firearm, prohibited use of a weapon and reckless endangerment. Later Saturday, Seahawks cornerback Quinton Dunbar and Giants cornerback Deandre Baker  turned themselves in after arrest warrants were issued for the two players. Baker was accused of using a semi-automatic firearm last week to rob multiple people, with Dunbar’s help, of more than $11,000 in cash plus watches and other valuables worth more than $60,000. Then, last night, Bills defensive lineman Ed Oliver was arrested on charges of DWI and unlawful possession of a weapon.

Even for the NFL, which has more players arrested and charged with felonies in any single season as Major League Baseball has had in the last 40 years, this was impressive.  The sport recruits its stars from among fake college students who receive little education while being pampered and idolized, with the predictable result.

2. Firing the IGs. President Trump’s latest controversy involves firing the State Department’s Inspector General Steve Linick. This is the latest of several such firings: before this, we saw the dumping of then-Inspector General for the Intelligence Community Michael Atkinson for his role in the whistleblower complaint that prompted the Ukraine probe, and the firing of Glenn Fine, the inspector general overseeing pandemic relief. Continue reading →

Ethics Quote Of The Month: Matt Taibbi, “Rolling Stone” Columnist

“I can understand not caring about the plight of Michael Flynn, but cases like this have turned erstwhile liberals – people who just a decade ago were marching in the streets over the civil liberties implications of Cheney’s War on Terror apparatus – into defenders of the spy state. Politicians and pundits across the last four years have rolled their eyes at attorney-client privilege, the presumption of innocence, the right to face one’s accuser, the right to counsel and a host of other issues, regularly denouncing civil rights worries as red-herring excuses for Trumpism.”

—Progressive “Rolling Stone” columnist Matt Taibbi, in “Democrats Have Abandoned Civil Liberties: The Blue Party’s Trump-era Embrace of Authoritarianism Isn’t Just Wrong, it’s a Fatal Political Mistake”

I’m not highlighting Taibbi’s excellent essay as an appeal to authority, not at all. I’ve written about the situation he’s bemoaning for more than three years, and I’ve made my case. (Check the “Totalitarianism” tag—Taibbi should be using that term rather than “authoritarianism.”)  I don’t need Matt Taibbi to prove my analysis correct. I’m calling attention to his essay because it’s a relief: so many people have told me that I am a Fox News, Trumper zombie for pointing out what should be screamingly apparent. For years I have been reading fevered warnings that the President was a dangerous authoritarian endangering democracy, when it seemed apparent that the party those critics supported were presenting the real threat by undermining our institutions and ignoring both the Constitution and the law.  I was beginning to doubt my sanity, just like Ingrid Bergman in “Gaslight.” Only a handful of analysts with courage and integrity—Professors Turley, Dershowitz, Jacobson and Althouse; journalist Glenn Greenwald, a few liberal pundits like Taibbi and Andrew Sullivan (sometimes) kept me from self-commitment.

More from Taibbi, on Michael Flynn:

Warrantless surveillance, multiple illegal leaks of classified information, a false statements charge constructed on the razor’s edge of Miranda, and the use of never-produced, secret counterintelligence evidence in a domestic criminal proceeding – this is the “rule of law” we’re being asked to cheer.

Russiagate cases were often two-level offenses: factually bogus or exaggerated, but also indicative of authoritarian practices. Democrats and Democrat-friendly pundits in the last four years have been consistently unable to register objections on either front.

Flynn’s case fit the pattern. We were told his plea was just the “tip of the iceberg” that would “take the trail of Russian collusion” to the “center of the plot,” i.e. Trump. It turned out he had no deeper story to tell. In fact, none of the people prosecutors tossed in jail to get at the Russian “plot” – some little more than bystanders – had anything to share.

Nah, there’s no mainstream media bias. Continue reading →

Wait…WHAT? The NFL’s Crazy Diversity Proposal

The National Football League’s “Rooney Rule” requires every team to interview one qualified minority candidate for a head-coaching job.  That requirement was introduced by owners in 2003, but it has done little to remedy the perceived problem that spawned it. About 70% of NFL players are black. Today, 17 years after Pittsburgh Steelers owner John Rooney pushed through his diversity-inspired rule, the NFL has two African-American general managers for 32 teams, or 6.3%. The league has three black head coaches for 32 teams. That’s 9.4%.

The contrast with the National Basketball Association, which also has an overwhelmingly black player population, is striking, as the graph above illustrates. Is this evidence of NFL discrimination? It’s certainly a bad look. Fans, of course, literally do not care what color their team’s management is as long as their work results in winning seasons and championships.

So this coming week, in a Zoom meeting necessitated by the pandemic, NFL owners will reportedly consider a new proposal to provide incentives to motivate owners to hire more of those minority candidates rather than just interview them. Continue reading →