I don’t know how many Ethics Alarms readers live in the vicinity of Washington, D.C.—I suspect quite a few—but if you do and are interested in seeing me and my sister present a lively two-hour program exploring many of the legal ethics issues that I have tackled here, along with plenty of history, popular culture and trial technique (and are willing to pay $45 for the privilege as well as some take-home materials), maybe I can meet you on the evening of October 21st.
Started as a Morning Warm-Up, then it was a Mid-Day Update, then a Late Night something or other.
1. From the “Steve King is an idiot” files: Rep. Steve King, a Republican from Iowa whose avocation is sticking his foot in his mouth, told the Westside Conservative Club in Urbandale, Iowa that the unborn who result from rape are no less lives that other fetuses, and should not be subject to any “exception” to principled exception to abortion. “It’s not the baby’s fault,” he said.
“What if we went back through all the family trees and just pulled those people out that were products of rape or incest? Would there be any population of the world left if we did that? Considering all the wars and all the rapes and pillages that’s taken place, and whatever happened to culture after society, I know that I can’t certify that I’m not a product of that. And I’d like to think every one of the lives of us are as precious as any other life.”
So when you really think about it, rape and incest are a good things, right, Steve?
That’s certainly how Democrats and progressives took his comments, and to be fair, his infuriatingly ham-handed rhetoric made it easy. The position that unborn children are just as deserving of life regardless of how they were conceived is a powerful and greatly misunderstood ethical argument. It is not necessary to rationalize rape to make it; in fact, King’s dumb argument just muddles the issue. It’s also bad history and anthropology.
NBC has an article up claiming that King’s words show the “misogyny” at the heart of white supremacy. No, they just show that King is a moron, and we already knew that.
2. Nice. Here’s the title of a Gail Collins op-ed in yesterday’s Times: “How to torture Trump.”Continue reading →
The fact that Joe Biden is even taken seriously as a Democratic candidate for President is an indictment of his party, as well as evidence that progressive principles are instantly alterable, optional or ready for deep freeze any time they become inconvenient.
The ethics value issue, of course, is integrity. If the Democratic Party cared about it, Joe Biden would be looking forward to spending his Golden Years playing with his grandchildren and copping feels with their baby-sitters.
That’s the threshold hypocrisy, as we know. Joe is a serial and unapologetic sexual harasser. There are many photographs online, and probably many more to be found, of him hugging, sniffing, and fondling women of all ages while they seem approximately as comfortable as if Joe were a rabid octopus. The conduct displayed is the equivalent or worse of behavior that has caused hundreds of executives and many high-profile leaders in a wide range of sectors to be removed from their jobs. The Democratic Party styles itself as the party of women and #MeToo, but has been flagrant about applying double and even triple standards: witness Virginia Lieutenant Governor Justin Fairfax, still in office with the support of his party despite both a credible rape accusation and an allegation of sexual assault, both more serious than any of the accusations made against Senator Al Franken, a Democrat, who was forced to resign. None of the Republicans or Democrats who have been pilloried for sexual harassment carry the photographic evidence that indicts Biden, and yet there he is, topping the polls.
The Democratic Party’s hypocrisy goes far beyond harassment where Joe is concerned, however, as a recent Times article called “Joe Biden Knows He Says the Wrong Thing,” itself a naked rationalization to excuse incompetence. Hmmmmm...Is this rationalization on the Ethics Alarms list? Give me half a minute while I check…
NO!
Incredibly, Joe’s excuse, “I know I’m doing it,” has so far escaped the definitive rationalizations list! That will be remedied shortly.
Joe and his defenders regularly employ other rationalizations for his groping problem (and others), among them, #1. The Golden Rationalization, or “Everybody does it” variations “Everybody is used to it.,” “Everybody accepts it,”“Nobody’s complained before” and “It’s too late to change now,” #8. The Trivial Trap (“No harm no foul!”),#13A The Road To Hell, or “I meant well,” #19A The Insidious Confession, or “It wasn’t the best choice,’ #21A. The Criminal’s Redemption, or “It’s just a small part of what I am!,”#22. The Comparative Virtue Excuse: “There are worse things.,” #41 A. Popeye’s Excuse, or “I am what I am,” #42. The Hillary Inoculation, or “If he/she doesn’t care, why should anyone else?,” 43. Vin’s Punchline, or “We’ve never had a problem with it!,” and #64A. Bluto’s Mistake or “I said I was sorry!.”
Sorry for the digression. Back to the Times article: I seriously considered posting the whole piece with Donald Trump’s name replacing Biden’s. How could the Times reporters write this, or anyone read it, without noticing that all the habits and tendencies being cited as Joe’s problems are the exact same proclivities that Democrats claim should disqualify Trump for high office, and all of the defenses on behalf of Joe echo the arguments of Trump defenders? Here are some quotes: Continue reading →
Oh, great: started this post at 7 am, hell broke lose at ProEthics, and now it’s after noon. Well, the hell with it: I’m not going back to change the headline or the intro, and I like Lenny’s version of the Stars and Stripes at any time of day.
So there.
1. Unprofessional and dangerous stuff from Above the Law….as usual. The legal gossip and snark online tabloid is run and written by lawyers who are not practicing law, so they feel free to engage in conduct that lawyers are forbidden from engaging in, like misrepresentation. Lately the cyber rag has been cyber-ragging on Jones Day, a long-time, distinguished D.C. mega firm. Why are they doing that? Come on, it should be obvious.
ATL takes the position—and it has company— that Jones Day is eeeevil and must be shunned because it represents the Trump campaign. Hence you get headlines like “IF YOU HAD TO GUESS WHICH FIRM WOULD DO THIS:New allegations claim Jones Day lightened the skin and narrowed the nose on the picture of one of their lawyers.”Continue reading →
Friends and followers: Don’t let anyone get away with this. Using “The New Colossus,” the 1883 poem that appears on the Statue of Liberty as authority in any current debate over national policy is either fatuous, ignorant, dishonest, stupid, or a cynical effort to appeal to the emotions of those who have no grasp of history or logic.
There is are periodic outbreaks of silly Lazerus worship every now and then, and we’re in the middle of another one. Indignant memes showing Lady Liberty and some or all of Emma’s one hit poem are popping up all over social media. Anyone who posts one is either an ignoramus, a liar, or shamelessly trying to suck up to progressive friends who are dishonest and ignorant, hoping that nobody will notice. I notice, and so should you. Call them on it. Appealing to the words of “The New Colussus” is approximately as valid as extolling the words of “Imagine,” “Jabberwocky,” or “Me So Horny.” Anyone who tries it should be mocked and shamed.
The Trump administration issued a final rule yesterday empowering federal officials to deny green cards to legal immigrants who have received certain public benefits or who are deemed likely to do so in the future. Good. This is sensible and responsible policy, and while polls are inaccurate and the public doesn’t understand what it says it approves or disapproves of much of the time, it is also policy about 3/4 of the public seems to agree with.
Of course, Democrats are calling it “racist,” since anything that the Trump administration does is racist. The negative stereotype of the immigrant who dashes to the welfare office the second he becomes a citizen has been around for decades…
but Americans don’t find the behavior funny, and should not. Expecting new Americans given the privilege of using our individual liberties to succeed to the extent their abilities, creativity and diligence will take them to be self-sufficient is completely reasonable and responsible. It also is 100% consistent with the expectations when Emma Lazarus wrote her poem. There was no welfare, public housing, food stamps or other public assistance waiting for those tired, poor, huddled masses yearning to breathe free. There was just the air to breathe free, and the opportunity to succeed or fail. Continue reading →
1. Lance, Lance, Lance...Is this the most obnoxious and desperate virtue-signalling tweet of all time?
“I can’t drop many people on a bike these days but I just blew the fuckin’ doors off Mike Pence on a Nantucket bike path. Day. Made.”
Because Lance thinks everyone hates the Vice President, he boasts about beating a 60 year-old politician as if he’s rendered some symbolic humiliation. You’re the one who should be humiliated, Lance. You. I’m no fan of Mike Pence, but he’s not a sociopathic fraud, cheat and villain like you are.
The fact that this tweet got 108,000 “likes” shows how much damage an ethics corrupter can do.
2. A perfect example of ignoring a real problem to avoid having to admit it exists and then deal with it...while making the problem worse in the process.U.S. Commission on Civil Rights member Gail Heriot, a lawyer and frequent protester about how her overwhelmingly Democratic colleagues on the committee engage in “woke” insanity, attacks a new government report in her op-ed in the Washington Times. Herriott attached her dissent to the report, a routine she has become accustomed to. She writes,
Shoddy work is not uncommon for government commissions. But with its awkwardly-titled new report — “Beyond Suspensions: Examining School Discipline Policies and Connections to the School-to-Prison Pipeline for Students of Color with Disabilities” — the U.S. Commission on Civil Rights goes beyond shoddy. Its unsupported claims threaten teachers’ ability to keep control of their classrooms. No one disputes that African-American, Native American and Pacific Islander students get disciplined at school at higher rates than white students. Similarly, white students are disciplined at higher rates than Asian-American students, and boys are disciplined more often than girls. Not surprisingly, students with behavioral disabilities get in more trouble than those without. Sometimes the differences are substantial. Suspension rates, for example, have been about three times higher for African-Americans than for whites in recent years.The commission purports to find, however, that “students of color as a whole, as well as by individual racial group, do not commit more disciplinable offenses than their white peers.” According to the commission, they are simply punished more. Readers are left to imagine our schools are not just occasionally unfair, but rather astonishingly unfair on matters of discipline.
The report provides no evidence to support its sweeping assertion and, sadly, there is abundant evidence to the contrary. For example, the National Center for Education Statistics surveys high school students biennially. Since 1993, it has asked students whether they have been in a fight on school property over the past 12 months. The results have been consistent. In 2015, 12.6 percent of African-American students reported being in such a fight, while only 5.6 percent of white students did….Because minority students disproportionately go to school with other minority students, when teachers fail to keep order out of fear that they will be accused of racism, it is these minority students — stuck in disorderly classrooms — who suffer most.
What accounts for the differing misbehavior rates? The best anybody can say is, “We don’t know entirely.” But differing poverty rates, differing fatherless household rates, differing parental education, differing achievement in school, and histories of policy failures and injustices likely each play a part. Whatever the genesis of these disparities, they need to be dealt with realistically. We don’t live in a make-believe world.
As Joe Biden so sagely pointed out for us, Democrats care about their official truths, not facts. Continue reading →
Last week, on Friday and Saturday, Democratic Presidential candidates Elizabeth Warren, Rep. Tim Ryan, Cory Booker, Kamala Harris, Beto O’Rourke, Kirsten Gillibrand, Bernie Sanders, and New York City Mayor Bill de Blasio all tweeted out deliberately false statements about the shooting of Michael Brown in Fergusen, Missouri 5 years ago, all apparently doing so to pander to African Americans, especially those who don’t read newspapers.
Ethics Alarms focused on Warren, being the biggest and most shameless demagogue of the group, in this post, which concluded,
“Warren isn’t intellectually lazy, or flummoxed by a false narrative. She is pandering. She is lying. She is doing what she evidently thinks will gain her power and the Presidency: saying what she thinks will attract needed support, even though she knows, knows, that it is false. Warren is a law professor and a litigator, and from all reports skilled in both roles. She knows that the facts made it obvious that Brown wasn’t murdered. She knows that competent, fair citizens must not call other citizens murderers when not only have they not been charged, tried, or duly convicted, but when authorities have concluded that there is insufficient evidence for an official accusation.The tweet isn’t a mistake or an opinion. It is a deliberate lie, a public and a defamatory one. I see no reason why Darren Wilson could not sue Warren and win.”
That is still accurate and true. Several Ethics Alarms readers pointed out that Kamala Harris also advanced the long de-bunked narrative that Mike Brown was a nice, friendly, “gentle giant” heading for college who was gunned down by a racist cop while holding up his hands and pleading for his life. Continue reading →
Either our nation is committed to the principles of freedom of thought, speech, expression and association, or it is not.
With that preface, here is the kind of gray area, bizarre fact pattern controversy that puts ethical analysis to the test.
In the Muskegon County (Michigan) town of Holton, African-American Rob Mathias, accompanied by his wife and children, was walking through the home of Charles Anderson, a local police officer, with the intent of possibly purchasing it. Then he saw a framed Klu Klux Klan application hanging on a wall, as well as several Confederate flags. He and his family immediately left the property.
Later he posted a photograph of the KKK application on Facebook, (above) explaining later that he felt it was something the public had a right to know about, especially if the officer had a history of questionable interactions with African Americans. Mathias wrote that Anderson “was one of the most racist people” in the community and “hiding behind his uniform.” The post was also personal and threatening, concluding with “I know who you are and will be looking for resources to expose your prejudice.”
The Facebook post triggered an internal investigation of Anderson, and he was placed on administrative leave. “We do take this sort of issue, seriously, and we are working hard to understand if/how this may impact his ability to safely and fairly police our community,” Muskegon City Manager Frank Peterson reporters. Muskegon County NAACP President Eric Hood piled on, saying, “We want a thorough investigation to be sure that when he goes out there and puts on that uniform and performs his duties as an officer that he’s being fair and impartial.”
“I’m still disgusted by it. I’m hurt,” said Mathias “You can’t serve your community and be a racist. You can’t. There are people of all different colors, of all different nationalities … out there that you have to serve and protect. You can’t just protect one group of people.”
Rachel Anderson, the officer’s wife, told reporters that her husband is not and never was a KKK member. She said he was a collector, and called the uproar a misunderstanding.
Mathias’ wife said in rebuttal,
“I like antiques, but I collect things that I represent. You can go in my basement, we have Detroit Lions, Red Wings, Michigan stuff, everything we associate ourselves with.So why would you collect something you don’t associate with yourself?”
Your Ethics Alarms Ethics Quiz of the Day is…
Has this situation been handled fairly, responsibly and ethically? Continue reading →
Above is what Massachusetts Senator Elizabeth Warren, who presumes to tell us that she is qualified to be President of the United States, tweeted to her followers last week. This deliberate and disgraceful lie could be presented on Ethics Alarms as evidence that Warren is an Ethics Dunce. It would easily qualify as an Unethical Quote of the Week (Month…Year…). It is fully qualified as an Unethical Tweet of the Week, in a category that is becoming increasingly contested. None of these, however, quite capture the miserable, cynical, disgusting nature of Warren’s statement. Continue reading →
This stuff kept me awake, gave me nightmares, or made me wish I was dreaming. Started this post before 5 am…
1. Idiotic meme of the week:
A lawyer friend whom I can vouch for having a brain actually posted this thing, apparently approvingly. In zombie movies, the equivalent is when a previously normal friend suddenly bites off your nose. Jules Suzdaltsev is hard left progressive journalist whose background is in film and psychology, and would be a fine example for teaching purposes of what someone sounds like who is so far on one side of the ideological spectrum that he is incapable of finding the center. He’s an ideologue and a Leftist incapable of objective analysis or non-compliant thought, who was steeped for seven years in the rarefied politics of San Francisco, and who tweets deliberate misrepresentations like “There have been more MASS SHOOTINGS in 2019 than there have been DAYS in 2019” and such cliched “resistance” bile like “Hey do you guys remember when the generation that grew up breathing lead fumes ended up voting for this guy as President?”
The scary thing is not Suzdaltsev—he’s a professional left-wing echo chamber provocateur, and good luck to him, glad he has a career. The scary thing is that lawyers, trained in critical thought, can reach the point where they find extremist agitprop persuasive. Society relies on educated, trained professionals to steer us clear of such rot, not to embrace it. The 2016 Post Election Ethics Train Wreck has seen one professional group after another abandon this duty for mob-pleasing expediency.
And how can someone post a statement that Bernie and Warren are barely left-of-center as anything but satire?
2. Jeffrey Epstein committed suicide, hanging himself in his cell. This was gross incompetence by the New York City jail, as well as federal authorities. If there ever was a prisoner who was a candidate for suicide (or murder), Epstein was it. He needed to be on a round-the-clock suicide watch. Epstein was allowed to cheat the justice system and his victims. He is now officially innocent of the crimes he was charged with.
Aside from all that, good. The world is better place without him in it. Continue reading →