Law & Law Enforcement

Morning Ethics Warm-Up, 5/6/2019: Rosenstein, Barr, Green, And “Oklahoma!”

/ Jack Marshall / 56 Comments

Good morning!

Let’s make this an ethical week…

1 As we watch the desperate vilification of Attorney General Barr by Democrats…it is helpful to consider a recent speech by the now departed second in command at Justice, the ridiculously conflicted Rod Rosenstein. He said in part,

Rampant speculation here in D.C. is that Democrats are terrified that Barr’s promise of investigations of the Hillary Clinton inquiry and the process whereby the Trump campaign was surveilled will reveal serious misconduct in the Obama Administration.  This is, of course, mocked as a conspiracy theory by the people who just had their own conspiracy theory exploded. Here’s the usually reliable Kimberly Strassel in the Wall Street Journal (behind a paywall—sorry).

…Mr. Barr made real news in that Senate hearing, and while the press didn’t notice, Democrats did. The attorney general said he’d already assigned people at the Justice Department to assist his investigation of the origins of the Trump-Russia probe. He said his review would be far-reaching—that he was obtaining details from congressional investigations, from the ongoing probe by the department’s inspector general, Michael Horowitz, and even from Mr. Mueller’s work. Mr. Barr said the investigation wouldn’t focus only on the fall 2016 justifications for secret surveillance warrants against Trump team members but would go back months earlier.

He also said he’d focus on the infamous “dossier” concocted by opposition-research firm Fusion GPS and British former spy Christopher Steele, on which the FBI relied so heavily in its probe. Mr. Barr acknowledged his concern that the dossier itself could be Russian disinformation, a possibility he described as not “entirely speculative.” He also revealed that the department has “multiple criminal leak investigations under way” into the disclosure of classified details about the Trump-Russia investigation.

Do not underestimate how many powerful people in Washington have something to lose from Mr. Barr’s probe. Among them: Former and current leaders of the law-enforcement and intelligence communities. The Democratic Party pooh-bahs who paid a foreign national (Mr. Steele) to collect information from Russians and deliver it to the FBI. The government officials who misused their positions to target a presidential campaign. The leakers. The media. More than reputations are at risk. Revelations could lead to lawsuits, formal disciplinary actions, lost jobs, even criminal prosecution.

Quick! Let’s impeach Barr! Continue reading →

Saturday Ethics Warm-Up, 5/4/2019: No Trump, No “Resistance.” Enjoy!

/ Jack Marshall / 9 Comments

Good Morning!

This song, the only “hit” (kind of) by “The Carpenters” sung by Karen’s brother Richard, matches my conflicted mood today. Richard’s teasing and criticism played a part in killing his sister, who possessed one of the most wonderful voices of any popular female vocalist in U.S. history, but who was doomed by anorexia. I am also both perplexed and amused that someone with a lisp would choose a song that repeats “Saturday” as his break-out solo. I wonder if Karen teased him about that?

1.  More on high-testosterone competitors in women’s sports. As I recently wrote here, I am floating in an uncharted sea of uncertainty on this issue, especially regarding Caster Semenya, the intersex South African track star. I do know, however, that I applaud her defiance of the recent court order dictating that she will have to take testosterone-lowing medication if she wants to compete. After a race this week, which she won, as usual, Semenya was asked if she would take the drug. Her answer:  “Hell no.”

Athletic organizations are treading through a mine field here. If they regard taking performance enhancing drugs as cheating, as they should, demanding that certain competitors with natural physical and genetic advantages should take performance-handicapping drugs seems like a double standard.

2. Stop making me defend Woody Allen! I have been unable to watch an Allen movie, even old favorites like “Bananas,” “What’s Up. Tiger Lilly?,” and “Annie Hall,” without gagging since the comic/director cheated on Mia Farrow with her adopted teen-aged daughter, to whom he was a virtual father, and then married her. Thus I have watched none of his films at all. I didn’t need to make a judgment about his daughter’s claims that he sexually molested her, which Allen denies, and since I have no more evidence than the she said/he said (and my certainty that Allen is a certifiable creep), I can’t. However, once Dylan Farrow and her vengeful mother Mia renewed their accusations against Allen while #MeToo was raging,  virtually all of Hollywood turned on Woody, even actors who had worked with him well after Dylan first made her claims. What changed? Nothing, really, except that now they are afraid of social media retribution, so they are pretending to be horrified at what didn’t bother them previously and assuming Woody’s guilt because “believe all women” is the “woke” place to be.

Well, Woody is a creature of Hollywood: this is unethical and unfair, but as Hymen Roth would tell him, “This is the life you have chosen.” Translation: if you voluntarily spend your career in (and benefiting from, and contributing too) an ethically warped culture, don’t expect a lot of sympathy when it turns on you.

This is more troubling: apparently Woody has a completed manuscript of his memoirs, which would have once sparked a publishers auction and an eventual multi-million dollar advance. Now, however, no publisher will pay a cent for it, because “while he remains a significant cultural figure, the commercial risks of releasing a memoir by him were too daunting.”

That means that the publishers are afraid of boycotts. How courageous. Allen is a significant cultural figure as well as a talented humorist. His memoirs have cultural importance, and they belong in the historical record, loathsome as find the man. Easily as loathsome are William Jefferson Clinton and his wife, yet both of them managed to score 7 figure book advances for memoirs they didn’t even write themselves.

Essentially what is happening to Woody is human statue-toppling. He is being erased from the culture despite never having been charged with or tried for a crime (unlike Bill Cosby and O.J. Simpson) because it is a sign of virtue among sufficient numbers of people with social media access to assume he is guilty. The boycott and progressive bully culture is a direct threat to basic freedoms. I’d regain some respect for Woody Allen if he would say so. Continue reading →

Why I’ve Changed My Position On Transgender Athletes In Women’s Sports, Or “Ethics Evolve With Wisdom And Experience”

/ Jack Marshall / 23 Comments

Yesterday I headlined the story about transgender powerlifter Mary Gregory, who just shattered multiple lifting records, Unfair, Obviously Unfair, Scandalously Unfair. Why Are Athletic Organizations Allowing This? Why Are Women Tolerating It?

Possessed of a keener memory than I, reader Luke G. “pounced,” as the news media always says when Republicans object to Democratic words and conduct that absolutely should be objected to. He wrote in part,

What made you change your mind on this issue? Several years ago you were bad-dogging me in the comments for the views you hold now- you claimed back then that there was no reason [male-to-female transgender athlete] Fallon Fox shouldn’t get to fight in Women’s UFC, because she lives as a female and had transition surgery. According to 2013 Jack, “I don’t believe that males have an unfair advantage at all. Many advantages in physical ability can be made up with skill, and that true of most professional sports.”….I’m just wondering what it was that finally pushed you to flip on this one.

I wrote THAT? Yes, I did. Boy, is it ever inconvenient having over 10,000 searchable posts around to prove your inconsistencies. Continue reading →

Morning Ethics Warm-Up, May 2, 2019: Low, Lower, Lowest

/ Jack Marshall / 14 Comments

Six computer crashes already, but I’m going to get this %$#*&@ post up if it kills me, and I’m STILL calling it a “morning” warm-up.

1. Speaking of %$#*&... Senator Lindsay Graham used “fucking” on both CNN and Fox News, live, coast-to-coast. He was quoting former from one of FBI agent Peter Strzok’s texts, to illustrate the anti-Trump bias among those investigating him, as well as Hillary Clinton.  “Trump is a fucking idiot,” Graham read. He added, “Sorry to the kids out there.”

Good for him. If the word is relevant to a legitimate issue, and part of a quote or an example, then use the word. The principle is the same as when professors of linguistics or social studies utter the word “nigger” to raise questions about the way the word itself is used in society.

2. Unethical industry seeks guidance from unethical organization. So desperate is American horse racing to reverse its precipitous decline that leaders in the sport are seeking guidance from PETA.

That will work out well, I’m sure. Any time a business seeks guidance from an outside group that really doesn’t care about whether the business lives or dies, the end is near….not that this is a bad thing in this case. Horse deaths have been increasing across the country, and the anger of animal rights activists is threatening the very existence of “the sport of Kings.” California is close to banning the sport already. The use of drugs to keep sick and injured thoroughbreds running until they drop and the use of whips are the main sources of contention.

The popularity and profitability of horse racing has been falling for a long time. ONce, it ranked with boxing and baseball as one of the three top professional sports in the nation. Those days are gone for ever. Meanwhile,  more than $15 billion was bet on races in 2002; last year,  the total was $11 billion. In 2002, nearly 33,000 thoroughbred foals were registered as racehorses.  19,925 were registered last year.

Like boxing, horse racing appears to be doomed by its very nature The NFL, it it looks really hard, should be able to see its future, or lack of it. The process takes an infuriatingly long time, but people do become more ethical as time and experience accumulates. Continue reading →

Boy, The GOP Really, Really Likes Census Scams!

/ Jack Marshall / 21 Comments

Let me quote my favorite writer—me, of course—to set this one up. From March 17, 2010

It was [Chairman of the Republican National Committee Michael Steele] who approved some sleazy direct mail hack’s clever idea to send potential GOP donors counterfeit census forms. Arriving in thick envelopes with “Do Not Destroy. Official Document” on the front (“See, it’s not a lie! It IS an official document, right? Just from a different official—you, Mr. Steele! Get it? …), and the imposing legend  “Census Document Registered To: [ the name  of the recipient]” stamped there as well  (“It  really is kind of a a census document, capiche, Mister Steele? So they can’t complain later—it’s just not the one they think it is! But they’ll open it every time! I love this mailing!”), the package included a four-page form complete with an eight figure “Census Tracking Code.” (“Nice touch, eh Mister Steele? Joey here thought that one up. It will really have them believing this, the suckers!”) But the questions would quickly begin striking anyone not half asleep as rather odd for the Census, with queries like,

“Do you traditionally vote in all elections?”

“Do you generally identify yourself as a: Conservative Republican, Moderate Republican, Liberal Republican, Independent Voter who leans Republican or Other?”

“How much does it concern you that the Democrats have total control of the federal government?”

“Do you think the record trillion-dollar deficit the Democrats are creating with their out-of-control spending is going to have disastrous consequences for our nation?”

Even the sleepy, drunk or stupid, however, should have figured out the scam when they read, “When finished answering your Census, please return it along with your generous contribution in the enclosed postage-paid envelope.”

Gotcha! So clever! So well-executed! Soooooo dishonest, deceitful, and wrong….Not only did the mailing aim to deceive, it also confused, and the Census Bureau expressed worries that the fraudulent mailings would undermine response rates for the official census forms, causing citizens to ignore or not fill out the real forms when they arrived later. Lower mail response rates will increase Census costs, because the Bureau must send census-takers to every home that does not respond.

The good news is that the incident reminded House members what it was like to agree on something, and they passed a unanimous, bi-partisan measure banning fake census fundraising appeals, because the fact that such mailings were obviously and putridly unethical wasn’t enough any more. Not with Michael Steel in charge of the Republican fundraising. His influence is strong, after all: doing his best Steele impression after the House vote, National Republican Congressional Committee spokesman Paul Lindsay said, “The NRCC remains opposed to misleading mailings,” which is 1) a lie 2) an insulting lie 3) an embarrassingly obvious lie. It is opposed to them although it just sent out an intentionally misleading mailing of epic dimensions. The statement means one of these three things: “We are being controlled by Satan!”, “We are completely insane!”, or “We are lying our heads off!” One guess, and the first two don’t count.

But wait! There’s more! Continue reading →

Happy Saturday Ethics Warm-Up, 4/27/19: Conniff, Cohen, California, And Co-opting A Classic

/ Jack Marshall / 23 Comments

Weekends, unfortunately, are only a rumor when you run a business out of your home…but I’m still HAPPY!

1. “To Kill A Mockingbird” ethics. I asked an old friend and talented director to give me her review of the controversial “To Kill A Mockingbird” on Broadway (previously discussed here, and here…). What I was most interested in was whether the new version (by “The West Wing” auteur and liberal political advocate Adam Sorkin) actually meets the contractual requirement insisted upon by Harper Lee’s estate, that “the Play shall not derogate or depart in any manner from the spirit of the Novel nor alter its characters.”  Well, I knew it would not be; Sorkin and the producer held out for being able to make a “woke” “Mockingbird” reflecting “current sensibilities,” and Lee’s greedy relatives wanted the money more than they cared about what Harper Lee might have wanted, like preserving the integrity of her novel.

Sure enough, my friend reported that the play was full of anachronisms and felt nothing like a story set in a small Southern town in the 1930’s. Most jarring of all, she said, was the oft repeated message that the racially prejudiced individuals in the town were “bad people.” This is the exact opposite of what Atticus Finch tells his daughter in the novel.

2. The GDP. Today the New York Times had the good and unexpected GDP news on its front page, so I’ll retract yesterday’s criticism  of the Times for burying that important news, and evidence of some Trump success. Instapundit pulled out this LA Times article  from 2017. It begins, Continue reading →

“Porgy And Bess” Ethics

/ Jack Marshall / 9 Comments

“Porgy and Bess,” the now  iconic opera that premiered in the United States in 1935, tells the tragic and heroic  story of a Southern African-American ghettoemploying  some of the most memorable music in  the musical theater canon. Composer George Gershwin denied licensing rights to  companies that wanted to use white performers in the opera (requiring black make-up)  and his estate still stipulates that the work  be performed by an all-black cast, or rights will be denied.

It will not shock anyone who has read much here to learn that I oppose Gershwin’s all-black edict, just as I oppose objections to actors of any race being prohibited from playing characters of different races. The only question should be whether the production and artistic version is fair to the work and to the audience. Prior restraint of any vision is antithetical to the spirit of the performing arts. I happen to think that a white version of “A Raisin in the Sun” would be ill-advised, but how do I know for sure? I’ve been proven wrong before, and more to the point, I’ve proven others wrong with my own productions.

The inevitable result of Gershwin’s grandstanding, for I believe that’s what it was, is that most people never have a chance to see a full production of “Porgy and Bess.” Yet there is no reason why the cast would have to be all black. Let’s even put aside the inflammatory  issue of “black-face.” Some characters in the show, like the snake-like hustler Sporting Life, could be portrayed as white without distorting the show one bit. Non-traditional casting principles would argue that the whole cast could consist of whites, Asians and others playing the black characters. It would be fun—yes, I think of this kind of principled fight as fun—to cast the show with light skinned African-Americans and mixed race performers who identify as black. What would the Gershwin estate do about that, I wonder? Continue reading →

Morning Ethics Warm-Up, 4/26/19: Character is IN Again, What Real Obstruction Looks like, And The Biden Follies Open

/ Jack Marshall / 19 Comments

Wow, THAT week went by fast...

1 It’s the economy, stupid, except when the news media and Democrats want to overthrow the President…The Gross Domestic Product for the first quarter rolled in at 3.2%, considerably higher than the 2.5% predicted by “experts.” This is good news and big news, but because it’s favorable to Trump news, you can’t find it on the front page of today’s Times, or in the headlines at HLN. I’m an economics dummy—that’s one reason I majored in American Government, because I didn’t have to take major Economics course—but I worked at the U.S. Chamber of Commerce long enough to learn that all sorts of good things flow from a healthy GDP, which averaged well under 3 for the entire, benighted, protected and over-praised Obama administration.

There is no question that similar news—there was similar news in 2015—early in the Obama administration would have been heralded as cheer-worthy proof that Obama’s economic stimulus monster, derisively nicknamed “Porkulus” by critics, was working (it was an expensive failure), and that he was leading us out of the Wilderness, just as he had promised. Similarly, when Bill Clinton was running for re-election in 1996, his smug and slimy ways (“Where is the outrage?” asked poor Bob Dole) were already a matter of record even before Monica Madness, but the liberal news media and Democrats mocked the very idea that Presidential character should matter to voters.

That very year, my old theater company revived Gore Vidal’s “The Best Man,” a Sixties political satire on Presidential election politics. The play centered on an idealist candidate’s ethical dilemma of whether to release damning information on a competing candidate for the nomination, violating the good candidate’s ethics (the alleged scoop was that his competitor had dabbled in homosexual relationships in the army, not that there’s anything wrong with that: Gore Vidal certainly didn’t think so)  to win the nomination for himself and save the nation from the bad candidate, even though the Army rumors had nothing to do with why he was bad—the man was a Machiavellian right-wing monster (Gore believed all conservatives were monsters). The Washington Post reviewer panned the play, mocking the script as ridiculously outdated. “Who believes that character matters in choosing a President any more?” she asked. Continue reading →

Afternoon Ethics Warm-Up, 4/25/19: Hypocrisy Edition

/ Jack Marshall / 15 Comments

Having a delightful afternoon I hope?

1. “Ethics Bob” is back! After what I gather have been extensive world travels with his wife, Ethics Bob  reanimated his blog this week, and I am hoping that Bob, who kindly credited me with inspiring him to write his ethics book, and who teaches ethics himself, will begin commenting again on Ethics Alarms. He is that rarity around here, a committed liberal who plays fair in debates. Unfortunately, Bob’s return post is wrong—and I distinctly remember a lunch with Bob in which he insisted that Bill Clinton shouldn’t have been impeached—but that’s OK.  He’s ethical, thoughtful, and open-minded. Check in with him, and hope along with me that he starts checking in here.

2. How much hypocrisy can Democratic voters stand? In Virginia, Lt. Gov. Justin Fairfax has been hit with multiple allegations of rape and sexual assault. Despite the lip  service the national party has given to “believe all women,” and its position during the Kavanaugh hearings that accusations alone were enough to disqualify a judge for the Supreme Court,  Virginia  Democrats refused to join Republican efforts to sanction or remove Fairfax, who is black and the #2 official ins a state where #1 has admitted to wearing blackface. In order to show that they don’t approve of Fairfax (while not having the integrity to make him hew to the standards they have been advocating for years) the Democratic Party of Virginia rejected his $2,500 donation for the party’s Blue Commonwealth Gala in June.

“We were not comfortable accepting the Lieutenant Governor’s PAC’s contribution and we let his team know that when they reached out,” party spokesman Jake Rubenstein told the  The Washington Post .

“The Lt. Governor’s We Rise Together PAC was planning to have a group of African-American pastors and other supporters sit at his table,” Fairfax spokeswoman Lauren Burke told the Post. “He is innocent and has passed two polygraphs and repeatedly called for an investigation. DPVA has assumed he is guilty of a violent criminal act with no investigation or even a conversation to ascertain his version of events.”

But if the party believes Fairfax is guilty of violent crimes and #MeToo outrages, why is he still in office? Continue reading →

Alan Dershowitz’s Mueller Report “Introduction,” And Yes, He’s An Ethics Hero [UPDATED]

/ Jack Marshall / 24 Comments

For anyone who actually cares about what the Mueller report means, I highly recommend the Alan Dershowitz “Introduction” to the report, which can be purchased for Kindle for about 7 dollars. I purchased it this morning, and just completed reading it. (The report without the intro is on-line, free, all over the place.) Dershowitz voted for Hillary, is a registered Democrat, was marinated in the Leftist hive that 99% of Harvard has become, and is hardly a “Trump supporter,” which is the now reflex “Shut up!” response to any attempt to break through the “resistance” coup mindset that has become a plague on the web and elsewhere. Dershowitz is pleading anyone who will listen that he deserves plaudits rather than condemnation (one twitter follower calls him a “monster”) for trying to be objective and non-partisan, and  I feel his pain, but his protests are unseemly, and undermine the real ethical service he has performed.

The famous Harvard professor states clearly what the news media and Democrats have intentionally tried to obscure: there was no collusion, no crimes related to collusion, and the investigation report says so unequivocally. The report presents “no evidence of any criminal behavior by President Trump or his campaign with regard to Russia,” he writes. Correct. He also remind us, as few media reports have, that this is a one-sided case. There was no cross-examination of witness or challenges to the conclusions of prosecutors, and the document should be read in that light.

As I expected, Dershowitz make an irrefutable argument that the whole process was tainted by conflicts of interest, since Asst. AG Rod Rosenstein, charged with overseeing the investigation,  was both a key witness and a potential defendant.

On the more confusing matter of obstruction, he clarifies that as well, particularly by knocking down the theory that a  President can be found to have committed a crime by doing something he has clear Constitutional power to do. Dershowitz (and others) have been making this point since the hypocritical uproar over the Comey firing, and he has case law (which you can see from the excerpt above) and legal tradition to back it up. The professor cites the ancient legal principle of Nulla poena sine lege ( “no penalty without a law”, which olds that one cannot be punished for acts not prohibited by law. This is codified in modern democratic states as a basic requirement of the rule of law, and has been described as “one of the most widely held value-judgement in the entire history of human thought.”

Yeah, but we want to impeach Trump!

Continue reading →