From The Ethics Alarms Archives: “Forgetting What We Know”

This post, one of the very first on Ethics Alarms, was written on Halloween, 2009. The blog had essentially no followers then. I judge it an excellent post (if I do say so myself) but just a handful of people read it. There were four commenters: King Kool, who traveled over from the old Ethics Scoreborad site and who, I am happy to say, still weighs in now and then; “Ethics Bob” Stone, who commented her last year,  and a friend I met through my connection with child star advocate Paul Petersen and with whom I am still in touch.

I found it extremely interesting to review–I wouldn’t change anything substantive in it, though I made three small edits—in light of what has happened since, and the theme of the post, which was how ethics evolves.

The post was written before the #MeToo upheaval. For all I know, Harvey Weinstein was forcing an aspiring starlet to have sex with him and Bill Cosby was drugging a young woman as I was posting it. It references several  rationalizations before the Ethics Alarms Rationalizations list had been launched.

I wonder, though, how much out society has really learned since it was written.  Roman Polanski is still living free and directing films in France. Six women have accused him of sex-related crimes, the most recent last November.

Bill Cosby is in prison for one of his rapes: Harvey Weinstein is standing trial right now. Bill Clinton appears to have finally been reduced to persona non grata status among progressives and his former defenders, but his complicit and unapologetic enabler, Hillary Clinton, is still treated as a feminist icon, and even harbors dreams of running for President again. The Lieutenant Governor of Virginia, Justin Fairfax , has been convincingly accused of rape by one woman and sexual harassment by another, yetremains in office, and the local and national media have stuffed the story in the proverbial memory hole.

Six years after this post, David Letterman retired from “The Late Show” hailed as comedy legend, with Barack Obama and three former Presidents appearing on his farewell show. He continues to be sought after for interviews and as an MC, as in the USO event pictured above.  In 2016, Letterman joined the climate change documentary show Years of Living Dangerously as one of the show’s celebrity correspondents. In 2017, Letterman gave the induction speech for Pearl Jam when the group was inducted into the  Rock & Roll Hall Of Fame. That same year, 2017, Letterman was feted on Turner Movie Classics with Alec Baldwin—don’t get me started–as he  co-hosted “The Essentials.”  Letterman and Baldwin introduced seven films for the series.

Wisely, “Rosemary’s Baby” was not among them.

In 2018, Letterman began hosting a six-episode monthly series of hour-long programs on Netflix called My Next Guest Needs No Introduction with David Letterman. His old friend, patron, and feminist hero Barack Obama was his first guest.

The second season premiered on May 31, 2019.

This  is “Forgetting What We Know.” Continue reading →

After School Ethics Special, 1/6/2020: Stupidity On Parade

 

“Help?”

A grateful pointer to Althouse for finding this photo, which raises automatic ethics questions. I am viscerally opposed to putting sweater, clothes and costumes on dogs, in part because all of our dogs have hated it, and one, our feisty Jack Russell Dickens, would twist himself like a contortionist to get out of any garb, whereupon he would rip it to shreds. Several of her commenters make a great point, however: it is unethical to force dogs bred for warm and dry climates to live in wet, cold ones. I have dog-lover friends who insist that dogs are humiliated by being dressed up, like Ralphie in his bunny pajamas. That, I think, is a stretch.

1. Don’t blame Disney. Emerson Elementary School in Berkeley, California decided to raise money for the PTA by selling tickets to a screening of  The Lion King. CNN explains,

“One of the dads bought the movie at Best Buy,” PTA president David Rose told CNN. “He owned it. We literally had no idea we were breaking any rules.” While the school doesn’t know how exactly the company discovered the movie was played, Rose said the school’s PTA will “somewhat begrudgingly” cover the cost of the screening. An email sent to the school by Movie Licensing USA informed Emerson faculty that the company had “received an alert” that “The Lion King” was screened during an event on November 15. Movie Licensing USA manages licensing for Disney and other major studios. And since the school does not have a license with the company, it’s been asked to pay $250 for the screening — and $250 per showing of the movie at any future events at the school.”

What? “Somewhat grudgingly”? They had “no idea” charging for tickets to see copyrighted material broke any rules? Those rules are well-displayed on any DVD, and any duty of reasonable intelligence should be able to figure out what’s illegal about doing what they did. There weren’t any lawyers among the organizers and attendees?

In its story about this episode, Boing Boing, an entertaining site with an annoyingly “woke” staff, implies that Disney is being an greedy old meanie, and that the PTA was an innocent victim of another evil corporation.  Wrong, and stupid. If companies don’t protect their copyrights and trademarks, they can lose them. Disney has been overzealous in this area, but not on this occasion.

2. KABOOM! Chris Matthews suggested yesterday that the Democrats should consider nominating Adam Schiff for President. Continue reading →

Was Rush Limbaugh A Worthy Recipient Of The Medal Of Freedom Award?…Epilogue

I am doing this for my own sanity. After I researched the post about Rush, I couldn’t stop thinking about the figures who have not received Medals of Freedom. If you think about it, it will drive you crazy too. The honor is now self-defining, like all such honors—the Mark Twain Award and the Kennedy Center Awards come to mind.

The sequence in the post that asked “Why Robert De Niro  and not, say, Al Pacino, Gene Hackman or Dustin Hoffman? Why Loretta Lynn and not Johnny Cash? Why Stephen Sondheim and not Jerry Herman? Why Chita Rivera and not Rita Moreno? Why Vin Scully and not Ernie Harwell?” did it to me. President Trump has entered the realm of post mortem MOF honors, for Elvis (if Elvis, why not Buddy Holly?)and Babe Ruth (If Babe, why not…well, there really isn’t anyone like Babe Ruth). I have no problem with either of them: they are clearly cultural icons who changed America. But once we open the doors to the past, there are thousands of important Americans who haven’t been honored.

Every President from Kennedy on has been awarded a medal (JFK,  LBJ and Bush I posthumously) except Nixon and Bush II.  If dead Presidents are eligible, then where’s Washington? Adams? Jefferson? Madison? Lincoln? FDR? Truman? Ike? Teddy? Trump can make progressives’ heads explode by giving the Medal to Andrew Jackson. He can have a ball with this. Continue reading →

Morning Ethics Warm-Up, 2/4/2020: Meltdown In Iowa Edition [CORRECTED]

Good Morning!

As I write this, there are still no final results from the Iowa Caucuses. The cause seems to be some faulty software and generally poor planning by the Iowa Democrats, resulting in chaos. There is a lot of schadenfreude going on at the conservative websites, and it is unseemly. Much as the Democrats deserve to fall on their faces, this is botched democracy in action, and nobody should be gloating about it.  It’s unfair to all of the campaign workers and supporters of the various candidates—even though the supporters of some candidates should hide their heads under a bag—and chaos in the process serves nobody’s interests. What are the odds President Trump sends out a mocking tweet about it this morning?

Here’s Nate Silver explaining what a catastrophe this is for Democrats.

The bon mot turning up in comment sections and social media over and over again last night was “The Democrats can’t handle a caucus, and they want to run the whole country?”

Until the real vote totals are in  it’s all speculation, but it looks like Joe Biden crashed and burned, with his vote totals missing the 15% threshold required to win any delegates.

1. Pete being Pete. Remember what the Ethics Alarms verdict was on Pete Buttigieg a while back? It stands. Mayor Buttigieg declared himself the winner before any useful vote totals were in. Mediaite: “All this dumpster fire of an Iowa caucus was missing was a candidate who declared victory without a single vote being reported. But shortly after midnight eastern on Tuesday morning, Mayor Pete put the cherry on top of this hideous sundae with a confounding speech in which he seemed to proclaim himself the winner.” He has been sharply criticized by just about everybody, and deserves to be. It’s a jerk move.

Meanwhile, the Sanders camp, remembering the underhanded treatment he received from the DNC in 2016, is suggesting that this may all be a plot by the Democratic Dark lords to rob him of a big victory and the proverbial “Iowa Bounce.” I don’t blame them.

2. Stop making me defend Joe Biden! Biden is getting “Ew!’s and “Ick!”s as a result of this photo..

..taken when he gave his 19-year-old granddaughter s peck on the lips during an Iowa rally. Granted, this wouldn’t be an issue if Joe didn’t have a well-deserved reputation for  inappropriate public behavior with women and girls, but this is one of the best examples I have ever seen of how a photograph, contrary to the old saying, can and do lie. The kiss lasted a nanosecond, but the photo makes it look like Steve McQueen and Faye Dunaway in “The Thomas Crown Affair.” Continue reading →

Did Trump’s Impeachment Lawyer Lie To The Senate?

Pat Cipollone, one of President Trump’s lawyer,  stated  that Republicans weren’t allowed to participate in House depositions. This wasn’t true: 47 Republicans who served on the appropriate committees had the right to attend these depositions, and many did attend. Naturally the “Get all Trump allies’ resistance mob regards this an intentional lie, and is demanding that Cipellone be disciplined for professional misconduct.

Wrong.

Writes legal ethics expert Stacie  Rosenzweig, “This is almost certainly a lie rather than a misstatement or misapprehension; I can’t imagine a scenario in which a lawyer with a three-decade career and a reputation for being “well-prepared and even-keeled” would simply not know that.” Her logic is exactly upside down: a lawyer that experienced would not deliberately utter a lie in such a high profile forum where it would certainly be noticed, undermining his credibility to no good end.  Sure enough, the factcheckers were on his misstatement like a shot.

The lawyer probably made a mistake, contrary to Rosenweig’s unjustfied certitude.This may have occurred because the false claim that the GOP was shut out of the depositions was a frequent right-wing talking point, and he didn’t check it. The assertion was at best tangential to his argument; I guarantee that no bar association would discipline any lawyer by using the argument, “You’re too good and experienced to make a stupid mistake.” Good and experienced lawyers made mistakes, sometimes astonishing ones.
Continue reading →

Comment Of The Day: “Saturday Ethics Warm-Up, Feb. 1, 2020: A New Month, Post Fake News Shame, And Impeachment Failure Freakout Edition”

Steve-O-From-NJ authored an epic Comment of the Day, checking in at nearly 1800 words, which may be a record–it will take too long to check. The question is, since it an analysis of the soon-to-be-a-really-bad-memory-that-both-parties-will-constantly -remind- us-of impeachment, or as it is known on Ethics Alarms, Plan S, the Trump Impeachment Ethics Train Wreck, and one more car in the 2016 Post Election Ethics Train Wreck, is this an ethics post?

This was already on my mind, having read today another legal ethics blogger complaining that the impeachment debacle has forced her ethics blog into politics. Yeah, tell me about it.

Yes, it’s an ethics post. The impeachment was the culmination—for now–of what Ethics Alarms has been covering for three years as what I labelled early on as one of the most important and dangerous examples of unethical partisan conduct in decades. Steve-O hits many issues that have been extensively covered here from an ethics perspective, and, frankly, a summary right now is helpful. It also helps lay the foundation for a post I have been working on a while with his phrase–twice!–mixed motives.

Here is Steve-O-From-NJ‘s Comment of the Day on the post, “Saturday Ethics Warm-Up, Feb. 1, 2020: A New Month, Post Fake News Shame, And Impeachment Failure Freakout Edition.”

A few thoughts on the all but over impeachment:

After Friday’s vote, it’s all over but the formalities for the third impeachment and the second attempt at a soft coup by Congress against the president. It’s also the least legitimate of the three impeachments plus the one effort that never got to impeachment because the president resigned.

The Radical Republicans tried to push Andrew Johnson out of office because, as a Democrat and a southerner (he was from Tennessee), he was in the way of their harsh program of Reconstruction they wanted to impose on the South after the Civil War, so they essentially took a policy dispute up to eleven. Nixon oversaw criminal activities and lied repeatedly, so his trust was shot and he could no longer lead. Bill Clinton had a sleazy, but probably not impeachable, affair, but then perjured himself, which is a crime, to cover it up, a classic case of the coverup being worse than the act. The best the Democratic Party could come up with on this one was a phone call with, at best, mixed motives.

Nowhere in the Constitution or the other laws of this land does it say that the president or any other official must act totally selflessly at all times in the discharge of his duties, or he risks being impeached and removed from office. Nowhere does it say that, as chief diplomat of the United States, the president is not empowered to engage in political jiujitsu with other governments. Nowhere does it say that, as chief law enforcement officer of the United States, the president is not empowered to look into dealings by others with foreign governments that he has a question about. Most importantly, nowhere does it say that the president, or any other executive official, must defer to Congress, particularly to the House, in all things.

The Founding Fathers were very clear on the concept of separation of powers when they drew up the Constitution. They did not want any one official, or even one institution, making the laws and then prosecuting and punishing anyone accused of breaking the laws. They specifically did not want any of the three branches of government becoming more powerful than the others. That’s why it’s called checks and balances. The nation is still working out how that is supposed to work in every situation, but that’s the basic concept we all learned back around 3rd grade. They built in the power of impeachment to guard against gross abuses by corrupt officials, but they specifically rejected the idea of a parliamentary system where the legislature holds most of the power and can call a vote of no confidence in the government fairly easily.

They also specifically rejected the idea of one branch of government encroaching on the prerogatives of the others. Congress can pass all the laws it wants, but, unless the president signs them and later enforces them, they mean nothing. Congress can also do all the overseeing it wants, but, its power to demand testimony, documents, or anything else can be checked by the courts. That’s how it works. That’s how it’s supposed to work. Continue reading →

Sunday Ethics Warm-Up, 2/2/2020: The “Let’s Not Watch The CTE Bowl And Think About Ethics Instead” Edition

Good Afternoon!

I almost managed to ignore football completely this season, and I’m proud of it.  There were few rogue kneelers in the NFL this year, and the New England Patriots, my hometown role models for the Houston Astros, finally bit the dust. Meanwhile, there was little new on the CTE front, not any more is needed to prove that cheering young men in the process of destroying their brains for a handful of well-compensated seasons as football heroes is immoral and unethical.  I did recently watch the Netflix documentary, “The Killer Inside,” about Aaron Hernandez, the Patriots star who murdered a friend and perhaps two others. I didn’t know that after his suicide in prison, it was found that Hernandez suffered from CTE, and that  his brain was one of the most damaged scientists have ever seen.  The documentary also says that the New England Patriots coaching staff saw signs that he was deteriorating and becoming unstable, as well as using drugs, and they made no effort to intervene. After all, he was playing well, and the team was winning.

That’s pro football. To hell with it.

1. “The Chop.” I have written about this perpetually silly issue a lot, and recently, but the New York Times, being the Official Paper of the Woke, has felt it necessary to publish three pieces this week on the the so called “Kansas City Chop,” the tomahawk motion used by Kansas City Chiefs fans (The Chiefs are in the Super Bowl, you know) when cheering on their team. The chop is most identified with the Atlanta Braves (How satisfying it was to watch Jane Fonda dutifully chopping along with then husband Ted Turner when the  Braves finally made the world Series in 1991!), but Chiefs fans started copying Braves fans. It is, of course, intended to rally the team, has nothing whatsoever to do with any kind of commentary on Native Americans, those who pretend to be seriously unsettled by what fans of an NFL team do to show their affection for their team are either faking or need psychiatric care. But here’s CNN:
Continue reading →

#MeToo Ethics: Prosecuting To Stigmatize The Accused

It’s not just the impeachment..apparently prosecutors are beginning to adopt the Democratic Party’s theory that it is appropriate to force a trial when there is no chance at conviction just to stigmatize the accused. This is a clear breach of prosecutor ethics, but ethics schmethics, the ends justify the means, right?

The area in which this despicable strategy is surfacing is—and this should be no surprise—the realm of #Me Too. In Maine,  Natasha Irving , who is the top prosecutor for Knox, Lincoln, Sagadahoc and Waldo counties,  wants to reform how the legal system prosecutes sexual assault cases, believing all women so those who come forward know they’ll be “supported.” This means, according to  Irving, that prosecutors shouldn’t decline to prosecute a sexual assault case just because they “think it’s too hard to prove.”

“Individually, I think that response is very damaging to a survivor,” she says. “If they weren’t believed initially, they don’t have faith that they’re going to be believed if they come forward again. Or that they somehow will be put on trial for what happened instead of the perpetrator. There’s a lot of shame and blame that the victims often carry.”

Yes, that’s a problem. A greater problem is prosecutors bring cases to trial when the don’t have enough evidence to prove the defendant guilty. Then they are just counting on an incompetent jury, which isn’t that much of a longshot. The attitude Irving is endorsing is how black men end up in prison for murders they didn’t commit. Continue reading →

Saturday Ethics Warm-Up, Feb. 1, 2020: A New Month, Post Fake News Shame, And Impeachment Failure Freakout Edition

The good news: Other Bill’s get well bouquet (above) from the Commentariat to the fallen “Mrs. Ethics Alarms” is still thriving!

1. Humbly grateful...for all the gracious notes of forgiveness for the “Unethical Quote Of The Century” fiasco, explicated here in the early morning hours. Imagine: with all the hysterical, dishonest, apocalyptic declarations flying around the airwaves, news media and  web, I managed to write about one that was never said.

2. Ann Althouse on “rigged.” The politically neutral bloggress gave me a much needed laugh with this: Responding to the Washington Post’s Dana Milbank’s unhingery in “The Senate impeachment trial was rigged!,” Ann wrote,

Yeah, it was rigged. Everything is rigged. The election was rigged. Trump isn’t really President. The impeachment trial was rigged. The acquittal won’t count as an acquittal. If Trump wins reelection, it will be because it was rigged. It’s all rigged. The Constitution itself is rigged. What’s with that 2/3 vote requirement? Rigged. Electoral college? Rigged! Life itself is rigged!…

Bingo. Do all the people screaming about the decision not to allow witnesses remember that the Clinton impeachment trial has no  witnesses, and neither Republican nor Democrats complained?  The ones who do are hypocrites, the ones who don’t. most. I think, are inexcusably ignorant. I’m not certain the Democrats really wanted witnesses, since their alleged “bombshell” witness, John Bolton, was not going to testify that he knew the reason Trump was pushing for a Ukrainian investigation was to “rig” the election, and the GOP was going to demand to question Biden and son. as well as the “whistleblower.” I suspect that the Democrats assumed that calling witnesses would be voted down, giving them a theme that Republicans were covering up for Trump. Or maybe not. Nothing about the Plan S impeachment sham makes sense. However, the screaming at the sky over a result that was inevitable and widely known to be so years ago was also inevitable, and, one would think, embarrassing. Continue reading →

Gallup’s 2020 Trust In Occupations Poll

I usually cover this interesting poll when it comes out in early January; somehow I missed it this year., and am getting it in right under the January wire. The results don’t change much from year to year, as you will see,  and this year was no different.

As the have for many years now, nurses, once again, top the list. Continue reading →