Sunday Evening Ethics Debriefing, 7/22/18: FISA, “Resistance” Jerks, Translator Ethics And More Problems With CVS

Good evening!

1.  Confirmation bias test? The big news today was that the  U.S. Department of Justice and FBI have released the 412 page FISA application used to gain a Title I surveillance warrant against Carter Page in 2016 while he was working as a low-level unpaid adviser for the Trump campaign. The document is heavily redacted in its more than 400 pages. Carter Page himself—he was never charged or interviewed , which seems rather damning in itself–said today,

“‘You talk about misleading the courts, it’s just so misleading… It’s literally a complete joke.'”

The full pdf is available here.

Once again, it is impossible to tell what is going on by following the news media’s reports. It sure seems, however that once you block out the spinning by the mainstream media, this post regarding Devon Nunes’ much attacked memo on the topic was verified.  Still, I have a low rate of patience for these things, and am not the best interpreter of documents like this, so I am only relying on second hand opinions by others who have plowed through the damn thing. I’ll wait to get some reliable readings.

It seems like the critics of the Mueller investigation and the conduct of Justice and the FBI feel confident that the materials show that indeed the warrants were acquired deceptively, meaning illegally, with the unsubstantiated Steele dossier being the crux of the justification for the warrants, also considering the fact that the Clinton campaign was behind the dossier was never revealed to the judges. [Here’s a recent example of the spin being applied to that argument. The judges were told that the dossier was paid for by a person with political motives, and the claim is that this was enough, that they could figure out that it was a tool of the Clinton campaign. I’ve never understood this argument. Why weren’t the judges informed directly, then? ] Ann Althouse commenter named Yancy Ward wrote, Continue reading →

“McCarthy And Witch Hunts And Fear, Oh My!” PART I: Director James Gunn

I don’t care to live in a culture where law-abiding citizens can have their reputations and careers destroyed by people maliciously publicizing old or private communications to make them hated or distrusted, or worse, a culture where doing this to people is deemed virtuous. Such a culture is one based on perpetual fear, where individuals cannot express an opinion that they may change later, or make a joke to a select audience, or have a conversation expressing strong but spontaneous and transient feelings without risking personal destruction at the hands of someone who wishes them ill.

That is the U.S. culture, however, that extremists on both ends of the political spectrum are successfully constructing,  unles we stop them. Their tools are political correctness, invasions of privacy, abuse of technology, social media and its attendant mobs, and an utter disregard of fairness, decency and ethics.

Two recent example illustrate how serious the problem is. This post is about one of them.

Talented writer-director James Gunn, the creative force behind the  delightful  Guardians of the Galaxy movies was fired by Disney after his old tweets containing offensive jokes were uncovered and circulated on social media and the web. The tweets were deliberately sought by conservative blogger and activist Mike Cernovich,  to intentionally wreck Gunn’s career. Gunn’s real offense was that he has been a vocal “resistance” recruit and a prominent conservative-hater, so once Cernovich had the goods on him, the Right was happy to use them.

No doubt, Gunn’s old tweets included jokes that many would consider worthy of Roseanne Barr on a careless day, like

  • “Laughter is the best medicine. That’s why I laugh at people with AIDS.”
  • “I like when little boys touch me in my silly place.”
  • “The best thing about being raped is when you’re done being raped and it’s like ‘whew this feels great, not being raped!’”

Gunn, realizing that joking about pederasty, rape and AIDS was sufficient to get him Kevin Spaceyed for life, tried to explain:

Many people who have followed my career know when I started, I viewed myself as a provocateur, making movies and telling jokes that were outrageous and taboo. As I have discussed publicly many times, as I’ve developed as a person, so has my work and my humor. It’s not to say I’m better, but I am very, very different than I was a few years ago; today I try to root my work in love and connection and less in anger. My days saying something just because it’s shocking and trying to get a reaction are over. In the past, I have apologized for humor of mine that hurt people. I truly felt sorry and meant every word of my apologies. For the record, when I made these shocking jokes, I wasn’t living them out. I know this is a weird statement to make, and seems obvious, but, still, here I am, saying it. Anyway, that’s the completely honest truth: I used to make a lot of offensive jokes. I don’t anymore. I don’t blame my past self for this, but I like myself more and feel like a more full human being and creator today. Love you to you all.

I believe him. I believe him, though something nasty in me would love to know if he was telling friends that the Milwaukee Brewers should punish Josh Hader for the racist tweets he made in high school, because this whole phenomenon is a Golden Rule matter. That has been the Ethics Alarms position forever, including during the 2014 Donald Sterling Ethics Train Wreck, in which an NBA owner lost his team, millions in fines, and his reputation after his mistress taped an ugly conversation they had in his bedroom and circulated it. I reiterated this position most recently in May of this year:

The position of Ethics Alarms on these incidents, which also includes spurned lovers sharing private emails to the world in order to humiliate a correspondent, the Democratic Senators who leaked the President’s coarse rhetoric about “shithole” countries that took place during a meeting that was supposed to be private and confidential, and Donald Trump’s infamous “pussy-grabbing” statements, is simple. Once the embarrassing words are unethically made public, they can’t be ignored, Once the embarrassing words have unethically made public, they can’t be ignored. Neither should the circumstances of their making, or the unethical nature of their subsequent use was weapons of personal destruction.

There is not a human being alive who has not made statements in private meetings or conversations, whether  those statements be jokes, insults, rueful observations or deliberate hyperbole, that would be horribly inappropriate as public utterances. Thus the feigned horror at such statements by others is the rankest kind of Golden Rule hypocrisy. In addition, the opprobrium and public disgrace brought down on the heads of those whose mean/ugly/politically incorrect/vulgar/ nasty/insulting words are made public by a treacherous friend, associate or colleague erodes every American’s freedom of thought, association and expression, as well as their privacy.

And yes, to anticipate the objection, I do not regard social media posts by non-public persons who later become celebrities to be truly public communications. They are, in the minds of the foolish individuals who send them, personal messages aimed at friendly audiences, and not intended for public circulation. In reaching this position I am influenced by the legal ethics and judicial rule regarding what is public knowledge regarding a former client that can be used by a lawyer . Simply because information is included in a public document that anyone can access doesn’t mean it is considered public enough for a lawyer to reveal it if the information involves a client. Most people don’t know about those facts because they don’t know how to find them, where to look, or whether the information even exists. Information doesn’t become truly public until it is widely accessible and disseminated. Once Gunn (and Hader) became celebrities, their social media presence was public, but not before. True, both Gunn and Hader should have realized that what they posted when they were nobody special had suddenly become a matter of public interest, and true, people need to start thinking that way, but most of our newly famous just don’t. Continue reading →

Comment Of The Day: “Ick Or Ethics? The Officers’ Coin Flip”

I haven’t posted a Comment of the Day this month, and it’s me, not you. I have a high quality backlog, in fact: my apologies. I’ll be working diligently to catch up.

First in the queue is Arthur in Maine‘s deft reflections on the post about the police officers who flipped a coin to decide whether or not to arrest a reckless driver.  (I tend to think that it is a very well-argued “Everybody does it” rationalization, but never mind…).

Here is his Comment of the Day on the post, Ick Or Ethics? The Officers’ “Coin Flip”:

When I was going to school in Boston, I made my beer money by working in emergency medical services. Part of that work was in a district of the city, and part of it was in the northern suburbs; the latter company was a private concern that had the EMS contract for three contiguous towns and did a boatload of transfer work on top of it. A terrible company, long since sold out, but that’s another story. Suffice to say that I liked the work itself, even if the company itself was lousy.

In that role, I came to know a lot of cops and firefighters really well. They weren’t that different from us, other than the fact that their jobs were a lot more dangerous than ours – and ours were dangerous.

First-response work requires that the teams work in very close proximity with one another, and teams are mostly together for their entire shifts. Depending on the branch, shifts can last between eight hours and 48 (yes, you sleep if there’s nothing going on). Inherent in a smoothly functioning unit in all three first-response disciplines is a good relationship between crew members; partners or teams at odds with each other become a huge problem. If they can, supervisory personnel will usually do their best to ensure that the personnel in a given car or truck get along well. It’s remarkably intimate. Continue reading →

Saturday Ethics Warm-Up, 7/21/18: Seven Questions For A Rainy Day: UPDATED!

Good afternoon!

1. What did you expect? Following close on the heels of Scott Pruitt’s firing from the EPA as a result of blatant ethics violations, Commerce Secretary Wilbur Ross said last week that he would sell all of his stock holdings to “maintain the public trust” after the Office of Government and Ethics pointed out that his financial transactions could get him into legal trouble.

“I have made inadvertent errors in completing the divestitures required by my ethics agreement,” Ross said in a statement. “To maintain the public trust, I have directed that all of my equity holdings be sold and the proceeds placed in U.S. Treasury securities.”

To maintain that public trust. Right.

The culture of CEOs and business executives is so alien to ethics that this kind of thing was assured as soon as Donald Trump was elected President. I wouldn’t say the business culture is necessarily more unethical than the political culture, it is juts unethical different ways. However, President Trump brought this brand of malfunctioning ethics alarms with him, and we shouldn’t expect it to abate until he leaves the White House.

Then we will get back to the good old-fashioned political versions of unethical conduct we’re become numb to. Ah, those were the days!

2. A question of degree. Professor Brian McNaughton, a former professor at Colorado State University, is facing a felony charge for fabricating an outside job offer to get a higher salary. This meets the technical definition of fraud. Apparently he presented the school with fabricated offer letter from the University of Minnesota. McNaughton resigned his position and apologized, and returned the fruits of the ill-gotten  raise,  about $4,000 per year over four years.

He also says that he was urged to use the tactic by other faculty members, who said it was a standard ploy. When does the “I have other job offers” gambit cross the ethics line into fraud? Clearly when you use a forged letter, but short of that, it’s just lying—unethical, but not criminal.

Writes one idealistic commentator:

…if an employee is performing a job and is good at it, that person should be compensated for it accordingly and in line with individuals within the same organization at an equivalent level professionally (ideally pay should be bench-marked against similar-sized institutions in states or parts of the country with comparable income ranges). Does a job offer and the suggestion that the employee is desirable to another organization change how well that person is performing? Promotions and rewards should be directly related to performance and an individual’s contribution to the organization and to science.

Well, yes, but competition and reality interferes with this nice, fair but overly simplistic and impractical theory. In fields where employees are not fungible, basic economic theory comes into play: you can’t deny the influence supply and demand. The fact that there is competition for an individual’s services does increase that individual’s value. Just saying “it shouldn’t be that way” doesn’t change reality. That’s what makes McNaughton’s lie fraudulent: he’s misrepresenting his value, and using false means to do it.

3. Would you fire Dan Coats for this?

Naturally the anti-Trump mob loved it, and that was the director of national intelligence’s intent: he was playing to the mob and virtue signaling to the detriment of his boss. Either than, or he’s thoroughly unprofessional and can’t be trusted to be on TV. Washington Post reporter Dan Baltz is either foolish, naive or dishonest when he writes: Continue reading →

About That “Secret Tape”…[UPDATED]

From CNN:

“The FBI is in possession of a recording between President Donald Trump and his former personal attorney Michael Cohen in which the two men prior to the election discuss a payment to a former Playboy model who has alleged an affair with Trump, Rudy Giuliani and a source familiar with the matter told CNN Friday.

Cohen has other recordings of the President in his records that were seized by the FBI, said both a source with knowledge of Cohen’s tapes and Giuliani, who described the other recordings as mundane discussions. Another source with knowledge of the tape, however, said the conversation is not as Giuliani described and is not good for the President, though the source would not elaborate.”

Now here are some ethics matters that the news media would be obligated to tell you, if journalists were, you know, competent, objective, and fair:

  • It is equivocally unethical for a lawyer to surreptitiously record a client without the client’s knowledge or consent. Always, no exceptions. It is usually unethical for a lawyer to surreptitiously record anyone without their knowledge or consent, even in states that permit non-lawyers to do it.

Such conduct is a direct violation of the universal legal ethics rule that prohibits a lawyer from engaging ” in conduct involving dishonesty, fraud, deceit or misrepresentation.”

  • This fact is crucial to the story, and should be prominent in any discussion of it. I have not seen or heard this mentioned in any news reports.

Let me know if you do, please.

  • The recording is also privileged, which means that it was information that a client provided to his lawyer in the course of seeking legal services or advice. As such, it cannot be used as evidence, unless the client, in this case, President Trump, consents. The client owns the privilege, not the lawyer who received the information, and not other lawyers the client may have.

I haven’t seen this critical information explained in any of the news reports either. Continue reading →

Morning Ethics Warm-Up, 7/20/18: Out Of Bounds

Good Morning!

1. Here is the level of logic and ethical reasoning the public is subjected to by the media: Here is NBC Sports blogger Bill Baer on why it is misguided for the Milwaukee Brewers not to punish relief pitcher Josh Hader—whose career crisis I discussed here–for tweets he authored when he was in high school seven years ago:

The “he was 17” defense rings hollow. At 17 years old, one is able to join the military, get a full driver’s license (in many states), apply for student loans, and get married (in some states). Additionally, one is not far off from being able to legally buy cigarettes and guns. Given all of these other responsibilities we give to teenagers, asking them not to use racial and homophobic slurs is not unreasonable. Punishing them when they do so is also not unreasonable.

A study from several years ago found that black boys are viewed as older and less innocent than white boys. A similar study from last year found that black girls are viewed as less innocent than white girls. Michael Brown, Tamir Rice, and Cameron Tillman, among many others, never got the benefit of the doubt that Hader and countless other white kids have gotten and continue to get in our society. When we start giving the same benefit of the doubt to members of marginalized groups, then we can break out the “but he was only 17” defense for Hader.

How many repeatedly debunked false rationalizations and equivalencies are there in that blather? It’s not even worth rebutting: if you can’t see what’s wrong with it…if your reaction is, “Hey! Good point! Why is it OK for a cop to shoot a teenager for charging him after resisting arrest, but not OK to suspend a ball player for dumb social media posts he made in high school?”…I am wasting my time. And NBC pays Baer as an expert commentator. It might as well pay Zippy the Pinhead.

2. Is this offensive, or funny? Or both? Increasingly, we are reaching the point where anything that is funny is offensive, thus nothing can be funny. The Montgomery Biscuits, the Tampa Bay Rays’ Double-A affiliates, will be hosting a “Millennial Night” this weekend, being promoted with announcements like this one: “Want free things without doing much work? Well you’re in luck! Riverwalk Stadium will be millennial friendly on Saturday, July 21, with a participation ribbon giveaway just for showing up, napping and selfie stations, along with lots of avocados.”

Apparently there has been a substantial negative reaction from millennials, and the indefinable group that is routinely offended on behalf of just about anyone.

Nonetheless, I agree with the critics. I think the promotion goes beyond good-natured to insulting. It’s like announcing a Seniors Night by guaranteeing free Depends and promising extra-loud public address announcements that will be repeated for the dementia-afflicted who forget what they just heard. [Pointer: Bad Bob] Continue reading →

Morning Ethics Warm-Up, 7/19/2018: The All-Denial Edition

Good Morning!

On this day in ethics, 1918: Washington catcher Eddie Ainsmith claimed that he should be deferred from the draft because he was a major league baseball player. Uh, nice try, Eddie, but no,  Secretary of War Newton D Baker ruled, as he tried to suppress uncontrollable eye-rolling..

1. “California, here I come!…here I come!…here I come!…” Oh. Never mind. The California Supreme Court took a measure off the ballot that would have allowed Californians to vote on whether the state should be divided into three smaller states, like this:

In its opinion, the Court argued that the changes demanded by the ballot measure exceeded California voters’ broad authority to enact laws by initiative, established in 1911. If enacted, the measure would have in effect abolished the state Constitution and all existing laws, which would have to be replaced by lawmakers  in the three new states. The measure would also alter the laws that define California’s boundaries, amending the state Constitution. That cannot be done by initiative, but instead requires approval by two-thirds of both houses of the Legislature to be placed on the ballot.

I know that the splitting up of California was a transparent effort to hijack the Senate by adding four more guaranteed Democrats. It was also doomed, since this plot would need to pass Congress and not be vetoed by the President. Still, wouldn’t something as obvious as violating the state Constitution arise before the wacko measure was placed on the ballot? How incompetent can you get? How much more incompetent can California get?

2. THIS will end well… Facebook claims that it will be removing false information from its pages when it threatens to cause violence, before it will cause violence. Sure, we all trust Facebook as an objective, trustworthy arbiter of speech, don’t we? Don’t we? Especially since they use the ever-reliable Snopes to check. During an interview with ReCode’s Kara Swisher, Mark Zuckerberg cited Holocaust denials as the kind of misinformation Facebook would allow to remain on the platform.  “At the end of the day, I don’t believe that our platform should take that down because I think there are things that different people get wrong,” Zuckerberg told Swisher. “I don’t think that they’re intentionally getting it wrong.”

He doesn’t? I’m not sure Holocaust denial is automatically eligible for Hanlon’s Razor; on the other hand, there are good faith idiots. Speaking of idiots, Zuckerman was surprised when his ignorant shrug sparked angry attacks like that of Jonathan Greenblatt, CEO of the Anti-Defamation League, who said, “Holocaust denial is a willful, deliberate and longstanding deception tactic by anti-Semites that is incontrovertibly hateful, hurtful, and threatening to Jews.Facebook has a moral and ethical obligation not to allow its dissemination.”  Continue reading →

Morning Ethics Warm-Up, 7/18/18: The Persecution Of Josh Hader And Impeachment Plan N [UPDATED]

Good Morning!

It’s 4:40 am. I can’t get to sleep because I’m nauseous and my stomach’s upset, probably because of Fox’s miserable coverage of the baseball All-Star game as if it was a slow day on the boardwalk. At points when the game would normally be suspenseful, the awful Joe Buck was having inane conversations about facial hair and other trivia with players in the field. Such utter disrespect for the sport it was covering in what is supposed to be a showcase!

1. Speaking of the All-Star game...Milwaukee Brewers reliever Josh Hader,  who has been a break-out relief pitching star this season, gave up four hits and a three-run homer, his worst performance of the year, on his biggest stage to date, the All-Star game in Washington, D.C. That was the least of his rotten day, however. Earlier in the evening, some  sleuth dived into Hader’s Twitter history and found some high school tweets with racist, anti-gay and sexist words and sentiments in them. The dirt was slurped up by reporters while the game was going on, and they confronted Hader immediately after the game, which Hader’s team, the National League All-Stars, lost by two runs, or one less than he had given up.

To his credit, Hader didn’t deny that he had written the tweets. “No excuses. I was dumb and stupid,”he said. He was 17-year-old when he published them.

Let’s say that again: he was 17. This shouldn’t be news, and it shouldn’t have been reported. Yet some are speculating that Major League Baseball will fine or otherwise punish Hader, and worse, that they should. If they try, I hope the players’ union makes them sorry. Hader was legally a minor; he hadn’t been drafted by a MLB team yet when those tweets were made, and  MLB didn’t even have a social media policy then. If Hader is punished, it will be one more example of craven organizational misconduct and abuse in response to, or fear of, the speech police and the political correctness mob.

2. Per se negligent homicide. In another situation in which I reject the “he’s been punished enough” defense, six-year-old Makayla S. Bowling  was shot in the head and killed by her father last week when his gun accidentally discharged while he was cleaning it. He didn’t know the gun was loaded. He did know his daughter was within shooting range, however. The authorities won’t prosecute unless they find evidence of foul play, but there is already sufficient evidence of fatal negligence. He should be charged with manslaughter.

3. Plan N! Some Democrats and journalists who have real jobs and don’t live in a padded room really are saying in public that Donald Trump should be impeached for what he said in a press conference in Helsinki. Astounding. Astounding, and unethical, because a lot of Americans—you know, like the ones on Facebook who are passing around a meme showing Obama with the legend “Share if he’s your favorite President!” (Why not just a label that says “I have never read an American history book”?)—are so ignorant about law, politics, diplomacy, and just about everything else, that they can be convinced by ravings.

If you are keeping track, and it is hard, be sure to add Plan N (Calling comments at a press conference treason) to the list of “resistance” impeachment and removal plots. Oh, heck, I need to update the list anyway: Continue reading →

On “Chappaquiddick” And My Multiple “KABOOMS!” As I Watched It.

I finally saw “Chappaquiddick” after delaying the ordeal as long as I could. It isn’t an ethics movie; nor is it the unethical movie I feared that it might be. What “Chappaquiddick” is a very discouraging movie, one that depressed me greatly. It is telling that the Kennedy Legacy Collective didn’t swoop down and try to kill the film, as it is devastating in it depiction of the late Senator. I can only assume that increased focus on what really happened in, say, a libel trial would only affirm the portrayals, and do more damage than a little-seen film alone.

Of course, the movie is open to attack by Kennedy defenders on the grounds that it speculates what Ted Kennedy was thinking, as well as on  the conversations that went on behind closed doors. Nonetheless, the bare fact that Senator Kennedy waited 10 full hours before reporting the accident that killed Mary Jo Kopechne to police has been damning enough since that summer day in 1969 without further elaboration. The cover story—no, we can’t prove it was a cover story, but it was a cover story—that Ted was dazed and in shock from a concussion and wandered around aimlessly, explaining his actions—was never credible, certainly not at my Arlington, Massachusetts home.

I experienced the film this week as a simultaneous flashback and a series of head explosions. I had forgotten the ridiculous neck brace Kennedy wore to Mary Jo’s funeral (but not before or after it); the film states that it was a prop, and I remember that this was the consensus at the time. My biggest head explosion? It was probably the statement of the Martha’s Vineyard judge who gifted Kennedy with the shortest sentence possible for the lesser offense the Senator agreed to plead to, which was leaving the scene of an accident. Kennedy got a two months suspended sentence, and the judge said that he would be “punished enough.” (If you are unfamiliar withe my opinion of THAT rationalization, you can check out this post from 5 years ago; I have another one somewhere about a father who let his baby die in a hot, locked car, and both people involved in those tragedies were less despicable than Ted Kennedy.) Punished enough? The judge presumably meant that Teddy would take a big hit to his White House aspirations, poor guy.

You know, I’d say that every citizen locked up for negligent homicide, which is the real crime Kennedy was guilty of, can kiss their Presidential aspirations good-bye.

KABOOM #2 was the film’s version of first thing out of Kennedy’s mouth when he began explaining the fateful night’s events to cousin and family lawyer Joe Gargan: “I’m never going to be President.” I can’t find substantiation for this; the line isn’t in the version of the screenplay on the web. The subsequent conferences with Kennedy advisors and fixers, however, showed callousness that was not much worse. The film took a lot of its facts from “Senatorial Privilege” by Leo Damore, which was written from interviews with Kennedy friends and relatives, including Gargan.  Kennedy  made over 30 phone calls from the hotel payphone, none of which involved rescuing Mary Jo.   His driving license had been expired for 6-months, so Kennedy’s fixers pulled the right strings and the DMV issued him a new license on that Sunday, before he surrendered to police.

My head blasted the third time watching the recreation of Ted’s nationally televised speech, written by Kennedy wordsmith Ted Sorensen. This is the real version; the movie shortens it quite a bit…

My fellow citizens:

I have requested this opportunity to talk to the people of Massachusetts about the tragedy which happened last Friday evening. This morning I entered a plea of guilty to the charge of leaving the scene of an accident. Prior to my appearance in court it would have been [im]proper for me to comment on these matters. But tonight I am free to tell you what happened and to say what it means to me.

On the weekend of July 18th, I was on Martha’s Vineyard Island participating with my nephew, Joe Kennedy — as for thirty years my family has participated — in the annual Edgartown Sailing Regatta. Only reasons of health prevented my wife from accompanying me.

On Chappaquiddick Island, off Martha’s Vineyard, I attended, on Friday evening, July 18th, a cook-out I had encouraged and helped sponsor for a devoted group of Kennedy campaign secretaries. When I left the party, around 11:15pm, I was accompanied by one of these girls, Miss Mary Jo Kopechne. Mary Jo was one of the most devoted members of the staff of Senator Robert Kennedy. She worked for him for four years and was broken up over his death. For this reason, and because she was such a gentle, kind, and idealistic person, all of us tried to help her feel that she still had a home with the Kennedy family.There is no truth, no truth whatever, to the widely circulated suspicions of immoral conduct that have been leveled at my behavior and hers regarding that evening. There has never been a private relationship between us of any kind. I know of nothing in Mary Jo’s conduct on that or any other occasion — and the same is true of the other girls at that party — that would lend any substance to such ugly speculation about their character. Nor was I driving under the influence of liquor.

Little over one mile away, the car that I was driving on an unlit road went off a narrow bridge which had no guard rails and was built on a left angle to the road. The car overturned in a deep pond and immediately filled with water. I remember thinking as the cold water rushed in around my head that I was for certain drowning. Then water entered my lungs and I actual felt the sensation of drowning. But somehow I struggled to the surface alive.

I made immediate and repeated efforts to save Mary Jo by diving into the strong and murky current, but succeeded only in increasing my state of utter exhaustion and alarm. My conduct and conversations during the next several hours, to the extent that I can remember them, make no sense to me at all.

Although my doctors informed me that I suffered a cerebral concussion, as well as shock, I do not seek to escape responsibility for my actions by placing the blame either on the physical and emotional trauma brought on by the accident, or on anyone else.

I regard as indefensible the fact that I did not report the accident to the police immediately.

Instead of looking directly for a telephone after lying exhausted in the grass for an undetermined time, I walked back to the cottage where the party was being held and requested the help of two friends, my cousin, Joseph Gargan and Phil Markham, and directed them to return immediately to the scene with me — this was sometime after midnight — in order to undertake a new effort to dive down and locate Miss Kopechne. Their strenuous efforts, undertaken at some risk to their own lives, also proved futile.

All kinds of scrambled thoughts — all of them confused, some of them irrational, many of them which I cannot recall, and some of which I would not have seriously entertained under normal circumstances — went through my mind during this period. They were reflected in the various inexplicable, inconsistent, and inconclusive things I said and did, including such questions as whether the girl might still be alive somewhere out of that immediate area, whether some awful curse did actually hang over all the Kennedys, whether there was some justifiable reason for me to doubt what had happened and to delay my report, whether somehow the awful weight of this incredible incident might in some way pass from my shoulders. I was overcome, I’m frank to say, by a jumble of emotions: grief, fear, doubt, exhaustion, panic, confusion, and shock.

Instructing Gargan and Markham not to alarm Mary Jo’s friends that night, I had them take me to the ferry crossing. The ferry having shut down for the night, I suddenly jumped into the water and impulsively swam across, nearly drowning once again in the effort, and returned to my hotel about 2:00am — and collapsed in my room. I remember going out at one point and saying something to the room clerk.

In the morning, with my mind somewhat more lucid, I made an effort to call a family legal advisor, Burke Marshall, from a public telephone on the Chappaquiddick side of the ferry and then belatedly reported the accident to the Martha[‘s] Vineyard police.

Today, as I mentioned, I felt morally obligated to plead guilty to the charge of leaving the scene of an accident. No words on my part can possibly express the terrible pain and suffering I feel over this tragic incident. This last week has been an agonizing one for me and for the members of my family. And the grief we feel over the loss of a wonderful friend will remain with us the rest of our lives.

These events, the publicity, innuendo, and whispers which have surrounded them and my admission of guilt this morning raises the question in my mind of whether my standing among the people of my State has been so impaired that I should resign my seat in the United States Senate. If at any time the citizens of Massachusetts should lack confidence in their Senator’s character, or his ability — with or without justification — he could not in my opinion adequately perform his duties and should not continue in office.

The people of this State, the State which sent John Quincy Adams, and Daniel Webster, and Charles Sumner, and Henry Cabot Lodge, and John Kennedy to the United States Senate are entitled to representation in that body by men who inspire their utmost confidence. For this reason, I would understand full well why some might think it right for me to resign. For me, this will be a difficult decision to make.

It has been seven years since my first election to the Senate. You and I share many memories — some of them have been glorious, some have been very sad. The opportunity to work with you and serve Massachusetts has made my life worthwhile.

And so I ask you tonight, the people of Massachusetts, to think this through with me. In facing this decision, I seek your advice and opinion. In making it, I seek your prayers — for this is a decision that I will have finally to make on my own.

It has been written:

“A man does what he must — in spite of personal consequences, in spite of obstacles, and dangers, and pressures — and that is the basis of all human morality……whatever may be the sacrifices he faces, if he follows his conscience — the loss of his friends, his fortune, his contentment, even the esteem of his fellow man — each man must decide for himself the course he will follow. The stories of the past courage cannot supply courage itself. For this, each man must look into his own soul.”

I pray that I can have the courage to make the right decision. Whatever is decided, whatever the future holds for me, I hope that I shall have — be able to put this most recent tragedy behind me and make some further contribution to our state and mankind — whether it be in public or private life.

Thank you and good night.

I had forgotten that Kennedy never apologized to the Kopechnes for getting their daughter killed. But he did use the recently departed Mary Jo as a convenient device to signal his virtue, standing up for her reputation, while being mostly concerned about his own. The poetic quote was a a typical Sorensen touch, and laying it on a bit thick: a Churchillian passage of dubious provenance that sainted brother Jack had used in his Pulitzer Prize-winning “Profiles in Courage”—which was, after all, written by Ted Sorensen.

The final series of head explosions occurred at the end, as the film showed archival footage of Massachusetts voters, Kennedy worshipers, most of them, talking about how “anyone can make a mistake” and what good things Ted and his dead brothers had done in the past, and how sure, they would vote for him again.

Of course, they did.

The modern progressive movement in the Democratic Party was substantially built on the career of this weak, corrupt man, the product of the triumph of nepotism, mythology, celebrity, money and privilege over merit and justice.

And people deny that there could have been any bias, political manipulation and corruption in the investigation of Hillary Clinton’s private server.

Kaboom.

Ken White Enlightens Us Regarding Judge Kavanaugh

Libertarian, free speech specialist lawyer/blogger Ken White has some news for the anti-Brett Kavanaugh fanatics who are claiming that he will lead an evil Republican plot to take away our civil rights. In a Popehat post titled “You”ll Hate This Post on Brett Kavanaugh”, —which tells you a lot about his readers, don’t you think?—Ken demonstrates that he, unlike the reflex foes of President Trump’s distinguished nominee to replace Justice Kennedy on the Supreme Court, has done his homework, and has made a fair and objective analysis of Kavanaugh’s record on the crucial Constitutional issue of free speech.

His conclusion?

“In conclusion, Kavanaugh’s work on the D.C. Circuit show a judge strongly protective of free speech rights, and part of the trend of applying free speech doctrines both to classic scenarios and to government regulation. His stance on telecommunications and elections laws will get him painted as part of the “weaponize free speech” movement by results-oriented thinkers. He’s strong on First Amendment limits on defamation law and his approach to anti-SLAPP statutes do not, as some have suggested, signal that he wants to make defamation cases easier. But though he might help upset applecarts by applying the First Amendment to regulatory schemes, and will not uphold broad speech restrictions, he will likely not overturn doctrines that make it hard for individuals to recover for speech violations.”

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