“Gotcha!” Ethics (Or The Absence There-Of): The Solicitor General Misspeaks

“Boy, what an idiot!”

Immediately, the shameless agents of “the resistance” in the blogosphere, cyberspace and the mainstream media leaped on the gaffe with the enthusiasm of jackals encountering  fresh carrion. Here is a typical example, from ThinkProgress:

“In Francisco’s defense, this is probably a slip-up. He probably meant to say that Trump has praised Islam as one of the greatest religions of the world. But still, it’s a slip-up that seems more likely to happen if you truly believe that Muslims are all the same. “

Now the accusation is that Francisco thinks “all Muslims are the same”? Morons! The Solicitor General doesn’t argue his personal beliefs or positions, but the government’s. Moreover, Francisco isn’t “Trump’s lawyer” as this consistently dishonest and rapidly partisan cyber-rag claims, but the United States of America’s lawyer. This is ThinkProgress taking the typical, current, Angry Left position that anyone who works for the Administration must also hold the parody of its alleged beliefs the “resistance” claims in its propaganda and fearmongering. ThinkProgress has no idea what Noel Francisco thinks about Muslims or Islam. Lawyers are not their clients, Francisco isn’t Trump, and Trump never said that Islam is “one of the greatest countries of the world.” What he said, in a 2017 speech in Saudi Arabia that was intentionally conciliatory to Islam,

“The Middle East is rich with natural beauty, vibrant cultures, and massive amounts of historic treasures. It should increasingly become one of the great global centers of commerce and opportunity.This region should not be a place from which refugees flee, but to which newcomers flock. Saudi Arabia is home to the holiest sites in one of the world’s great faiths…”

Francisco’s mistake in oral argument was absolutely meaningless, trivial, and without consequence. No Justice corrected it, because they all knew what Francisco meant to say, and also because most of them have probably done worse.  The actual quote he referred to was probably in his brief. Yet this arrogant and vicious cabal of progressive scolds nonetheless piled on, to embarrass Francisco, to attack the President, to throw their petty tantrum because they are going to lose on this issue, as they should , as they always should have. Now they will move on to their next effort to make governing as difficult as possible for the elected President, and as painful as possible for those who serve the nation along with him.

As I just wrote to a commenter on Ethics Alarms who debased himself by raising Francisco’s slip of the tongue, an oral argument before the nation’s highest court is incredibly stressful. The most brilliant, most prepared, most composed lawyers frequently stumble and stutter when they are under that microscope. Anyone who mocks a lawyer who makes a mere verbal miscue while broiling under a harsh professional spotlight with such massive stakes—as all Supreme Court cases have–is displaying ignorance, being a jerk, or both. Continue reading

Morning Ethics Warm-Up, 4/26/18: Sorry Trump-a-Phobics, It’s A President Trump Morning!

Good Morning!

1. Wake up with President Trump! By sheer chance, I surfed by Fox and Friends just as the three goofs (or two goofs and a random blonde from the stable in a tight party dress) on the sofa were having a spontaneous phone interview with President Trump, just like in the good old days in 2015, when CNN and NBC let the crazy old reality star and eccentric real estate mogul blather on while they smirked and nodded because it was great for ratings and  might even saddle the evil Republican Party with a Presidential candidate that Hillary Clinton could squash like a bug, finally leading to the Great Progressive Awakening in America, with open borders, no more guns, free college, a ban on fossil fuel, and Harvey Weinstein as a White House regular.

Observations:

  • Say what you will about Trump, this was just after 8 AM, I could hardly utter a coherent sentence, and the President was sounding like Harold Hill doing “Trouble in River City.” Either he had 20 cups of coffee or was hooked up to an electric generator.  I have a lot of energy, but Trump is older than I am, and he was energetic, engaged, and, for him, articulate.
  • His performance this morning highlights how disgusting the “Trump has dementia, let’s use the 25th Amendment to get rid of him” plot was, with the news media in full complicity. It made it hard for me to focus on what the President was saying on Fox, frankly. That particular post-election, anti-democratic attack—it was Ethics Alarms’ Plan E on the alphabetical list of “the resistance’s” ongoing efforts to overturn the election, if you recall—makes me furious every time I think about it.
  • Nevertheless, I will never get used to having a President who talks like he does.  It isn’t statesman-speak, or even demagoguery. It’s pure salesman patter, again, like Harold Hill,  or any infomercial spokesman. It’s almost hypnotic. What Trump-Whisperer Scott Adams would say, indeed has said many times, is that this is a talent and a skill, and we aren’t going to see it become commonplace among Presidents because most people just can’t do it well. No, it’s not Presidential, and will never be. But it works.
  • I also realized, once again, how much class bigotry is involved in the extreme hostility to President Trump from the “elites,” and yes, I count myself in that group. Never mind what schools Trump went to: he’s Fred Trump’s son, and unlike the Kennedy boys, never polished off the rough spots passed along to him through his humble, street-smart, back-alley forebears. I just watched the film of “My Fair Lady” again after many years, and found myself thinking about Henry Higgins’ theories while I was listening to Trump: if he spoke like Barack Obama, how differently would the news media and his adversaries treat him? Yet how many of his supporters would then regard him as just another one of “them”?

Why can’t the English teach their children how to speak?
This verbal class distinction, by now
Should be antique
If you spoke as she does, sir
Instead of the way you do
Why, you might be selling flowers, too!

An Englishman’s way of speaking absolutely classifies him
The moment he talks he makes some other Englishman despise him! Continue reading

Comment Of The Day: “The Good Faith Of The Justice Department”: Sure.

This Comment of the Day is short but provocative. I have had it in a pending file for a while. What triggered my determination to run it now was this tweet cum meme, courtesy of Instapundit, by Harvard Law professor Adrian Vermeule:

I considered making the profesor’s tweet an Ethics Quote of the Week. I considered using it in an Ethics Quiz: “Would it be ethical to post this on Facebook, knowing that it will convince none of the Trump Deranged among my friends and merely cause their already weakened heads to explode?” I hate memes, and wondered weather this was too close to one to post without hypocrisy. And yet: Prof. Vermeule is absolutely correct. His brief tweet neatly consolidates what Ethics Alarms has been covering since the 2016 election, and why I believe that the progressive/resistance/Democrat/mainstream media/ Deep State alliance”s unethical efforts to delegitimize and undermine this President is doing—and will continue to do—far more damage to the nation than the Presidency of Donald Trump, even if he lived down to his foes’ worst assumptions.

Here is Humble Talent’s Comment of the Day on the post, “The Good Faith Of The Justice Department”: Sure. Humble promised that he would have a lot more to say on the topic. I’m counting on it.

 Since the election of Trump, I have seen the brains of otherwise intelligent and competent people liquefy and trickle out their ears in real time.

One of the most interesting symptoms of that liquefaction has been the invention or re-invention of all sorts of professional rules, policies and laws, specifically and discreetly to the detriment of this administration. When something new happens, something that has a burden of proof so high that it has never before been breached…. The Resistance desperately wants that to be the result of an abnormal presidency… But in reality it’s the response that is abnormal… It’s the height of naivete to assume uncritically that this was done properly.

 

Morning Ethics Warm-Up, 4/24/18: Presidents, PETA, Privilege, Penn State And Pedophiles

Good Morning.

It just feels like a gliddy glup gloopy nibby nabby noopy kind of day…

1. Musings on the illness of George H.W. Bush. Perhaps I am over-sensitive, but I found the long segments and speculation on cable news this morning about George H.W. Bush suffering from “broken heart syndrome” sensational, intrusive, and wrong. The man is 93, and he’s suffering from a blood infection. As my Dad said often after his 80th birthday, and eventually proved, when one is 80 or more. you can drop dead at any moment, for any reason. Yes, we all know of long-time married couples of advanced years who perish in close proximity. However, the “broken heart syndrome” is anecdotal, without clinical proof, and, essentially, fake news with a romantic tinge.

[Pointer: valkygirrl]

If vile people like Professor Jarrar will attack Barbara Bush when she dies, imagine what George H.W. Bush has in store. The elder Bush is near the bottom of my Presidential ranking, in the general vicinity of his son, Jimmy Carter and Barack Obama but The Ethics Alarms position is that every single President of the United States is owed respect and a debt of gratitude for accepting the overwhelming challenges of the job, and doing, in every case, what he felt was in the best interests of the nation. Before Harry Truman, even taking away the assassinations from the mix, the Presidency was regarded, accurately, as a killing job, with more Presidents than not dying soon after leaving office. That’s not true any  more, but the job is still a terrible physical, emotional and mental burden. The first words out of any American’s mouth when a former President is ailing should be “You have the best wishes of the nation,” and the first words when any former President dies should be “Thank you.”

2.    And this has to do with “collusion” how?  The raid on President Trump’s fixer Michael Cohen revealed that Fox News host Sean Hannity owns millions of dollars worth of real estate across several states, with  links to several shell companies that bought $90 million on 877 residential properties. This is all confidential information, and should never have been jeopardized by the Special Counsel’s effort, coordinated with New York State prosecutors, to gather as much dirt on President Trump as possible—all the better to impeach him with. That this information was leaked to the press indicts the investigation, the process, the judge who allowed the  fruits of the raid unrelated to Trump to be obtained, and the lawyers involved. Of course, the fact that Cohen had these records also rebuts Hannity’s claim, obviously disingenuous from the start, that he wasn’t Cohen’s client, but never mind: Hannity should not have been placed in the position where there was anything to deny.

[Pointer: philk57] Continue reading

Morning Ethics Warm-Up, 4/21/2018, Part 2: Wait, It’s Afternoon Already!

Good afternoon!

Here are ethics items that have nothing to do with the Marjory Stoneman Douglas High School anti-Second Amendment  demogogues.

2. Unethical Lawsuit of the Year. Incredibly, the Democratic National Committee yesterday announced that it is suing the Trump campaign, the Russian government, and Wikileaks, accusing them of conspiring to disrupt the 2016 Presidential election.  Suits require facts. There are no facts to support this lawsuit, only speculation, rumors and propaganda. The legal analysts whose opinions I respect haven’t even acknowledged the suit yet, perhaps because they suspect, or know, that it is a cynical publicity ploy and merely laying the foundation for a Democratic Party fundraising blitz. (Using the civil courts for such purposes is unethical, of course.) The betting here (and elsewhere) is that the lawsuit will be dismissed in short order. It is grandstanding, and to my eye, pretty desperate grandstanding.  Such a lawsuit would open the Democrats, their allies and the Clinton campaign to all manner of intrusive and embarrassing discovery. My first reaction to the news was that this almost as stupid as Oscar Wilde’s criminal libel suit over being called “a Sodomite.”

Wikileaks had an amusing response:

“The Democrats are suing WikiLeaks and @JulianAssange for revealing how the DNC rigged the Democratic primaries. Help us counter-sue. We’ve never lost a publishing case and discovery is going to be amazing fun.”

3.  More future news! Ann Althouse flagged for us a future news (psychic news?) classic,  Morning Joe” Scarborough’s op-ed in the Washington Post, “It’s becoming clear that Trump won’t run in 2020”.

Althouse writes,

I’m reading the headline and laughing. It’s on the most-read list at The Washington Post. It’s what people want to read, and isn’t that what fake news is all about, giving the people what they want (and getting them to want what you want them to want)? “Allies are quietly admitting”… “Republicans are sensing”… and Joe Scarborough is picking up the message. It seems to me Trump has faced vicious opposition all along, and he keeps winning in spite of/because of it.

This isn’t really fake news, though. Psychic news or future news is a different unethical beast, and in this case, it’s just an abuse of punditry.  It becomes fake news when the headline “Trump won’t run for re-election, insiders say” starts turning up. What is especially ironic about this trend is that there has never been a President whose stated intentions have been so changeable and unreliable, and yet the very same journalists who complain about this are willing to run breathless stories about what some leaker claims he said was his intent. President trump can’t be counted upon to do this week what he said he would do last week, and the Post thinks it is worth publishing what Morning Joe’s sources say President Trump  plans on doing three years from now. Continue reading

Morning Ethics Warm-Up, 4/21/2018, Part I: More On The Parkland Bullies

Good Morning!

1 Doubling down on the Parkland thugs. I was chided yesterday when I wrote of this posed picture of the puppet Parkland student anti-gun hysterics…

...”They look like potential home invaders: if I see kids with those expressions hanging around my property, I’m getting a gun.”   The commenter, who usually is more circumspect, deliberately misconstrued my clear implication that I would buy said gun to protect home and hearth from the threatened home invaders and invaders, should it ever come to that, not these specific children, obnoxious as they are. But this is the current MO of anti-gun, pro-citizen disarming activist: they create distortion and confusion while simultaneously demonizing their opponents. Those five, sullen, vaguely threatening teens above are especially good at it.

The photo itself is visual bullying. It mimics the bad-boy thug-vibes of various hip-hop and punk rock groups who use promotional photos to show they defy authority, hate people with real jobs and would stomp on your face if they had a chance. Photos like this, for example…

…of the band Limp Bizkit, and no, I don’t want to anyone looking like them lurking in my neighborhood either. These expressions and postures are menacing and intended to be, as is most of the rhetoric from David Hogg (the one with the “I’m about to kill you” glare in the center of the Time photo) and his fellowship. Notwithstanding the cynical and transparent packaging of the Parkland students, it is way past time for adults and those interested in serious policy debate to pronounce these over-their-heads baby demogogues for what they are now: media created monsters, funded and trained to carry a calculated anti-Second Amendment message in uncivil and dishonest terms that no adult could get away with.

It isn’t surprising that they are embracing their celebrity–most people embrace sudden celebrity, kids most of all—even though they are both being exploited, and exploiting themselves, in their case, the tragic deaths of their classmates. They have been led to believe that they are consequence-proof, like the bespectacled kid who harasses and annoys bigger children is “punch-in-the face” proof, because it’s taboo to  hit someone with glasses. The Hogg Bullies can call elected officials corrupt, and murderers, and fools, proclaiming fake statistics and fearmongering at Defcon 5 levels, but if someone responds with the sharp rebukes such irresponsible discourse usually requires, he or she is told, in shock, ‘How dare you! These are grieving children!’

No, they are not. Not any more. They are full-fledged monsters engineered by the Left to distort civic discourse and policy debate regarding gun policy, allowing anti-gun zealots to bypass facts and law to go straight to mainlining fear and emotion into public consciousness. Continue reading

Closing The Book On An Ethics Villain

Lance Armstrong is the worst sports ethics villain of all time, I believe—cycling’s Barry Bonds, but in a sport far more vulnerable to betrayal than baseball. Like Bonds, he cheated, many times and over a long period, taking victories away from more deserving athletes while enriching himself. While Bonds never had his public “I did not have sex with that woman” moment of brazen denial, Armstrong had many, all the while insulting and condemning his accusers. Bonds also never was a revered hero of children—Barry appeared to care about no one but Barry—while Armstrong deliberately made them part of his scam. When Armstrong’s elaborate schemes, lies and cover-ups were revealed, he made lifetime cynics of hundreds of thousands of young fans, and maybe more.

Armstrong, like Bonds, left his sport in disgrace but took with him great wealth, and, like Bonds, has never shown a smidgen of sincere regret or contrition—sociopaths are like that. Yesterday it was announced that Armstrong will pay $5 million to the federal government in settlement of a fraud lawsuit. The U.S. said that he owed $100 million to taxpayers for accepting sponsorship funds for his cycling team from the U.S. Postal Service while he was doping. Armstrong also agreed to pay $1.65 million to cover the legal costs of Floyd Landis, a former Armstrong teammate and the whistleblower in the case.

Eh, whatever. Lance can afford it. Despite various fines and settlements, he managed to escape his exposure with most of his ill-gotten gains safely salted away, spent or invested. Continue reading

From The Ethics Alarms “Irony” Files: “The Association For Honest Attorneys” Has No Attorney Members…

The ABA Journal reports that the U.S. Tax Court ruled against The Association for Honest Attorneys (Known as A.H.A! ) this month, denying  tax-exempt status for the organization. Why? Well,  it hasn’t had any lawyer members since its founding in 2003, and no lawyer could be found to represent the group in its tax dispute. The group’s founder, Joan Farr, spent association money at grocery stores, department stores and home-improvement stores.

 

Comment Of The Day: Morning Ethics Warm-Up, 4/7/2018: #2: “Williamson No Longer Of The Atlantic’”

This is an epic Comment of the Day using an unusual approach. Michael West explores aspects of public discourse that is at the core of ethical misunderstanding and ethics malpractice by focusing on a multi-party twitter exchange regarding an issue discussed on Ethics Alarms, the firing of former National Review writer Kevin Williamson after he doubled-down on an extreme position regarding abortion: he believes it is murder, and therefore believes that capital punishment is a fair punishment for what should be considered a crime. Moreover, he said that because of the violent and depraved nature of the crime, a violent execution, like hanging, would be appropriate for the women who allowed their fetuses to be aborted.

Michael also used his comment to highlight a concept we have not used on Ethics Alarms, at least by name, “the Overton Window.” That is defined as “The spectrum of ideas on public policy and social issues considered acceptable by the general public at a given time.” Of course, what the “window” is can be tricky to determine. Donald Trump broke the alleged window repeatedly. My preferred approach to this “window” is to challenge it, and to try to expand its boundaries, consequences be damned. I equate the Overton Window with de facto censorship and thought-control.

I am especially glad that this comment again raises the Williamson firing and the related ethics issues. These are rich topics, and yet the matter fled the blogs and commentary sites quickly, paved over by successive outrages of the day.

Here is Michael West’s Comment of the Day on #2 in the post, Morning Ethics Warm-Up, 4/7/2018: “Ruggles Of Red Gap” And “Williamson No Longer Of The Atlantic’.”  This is a bit challenging to read, but worth the effort. For clarity, Michael’s commentary is in bold italics.

I think this is an informative tweet dialogue on a handful of levels. For one, it reveals some informal fallacies that inevitably ruin any discourse and are especially ruinous tendencies in any summarized forum (which twitter represents the extreme end of the spectrum). It also reveals what I think is the fundamental problem with the discussion [on Ethics Alarms.]. I think we’re operating on two different meanings of “mainstream”. Simultaneously this reveals two different attitudes regarding the Overton Window.

As for the term “mainstream”, Almaqah below seems to mean it as “anything someone is willing to hear another person discuss.” I presume [commenter Chris’s]  friendliness toward Almaqah’s opinions implies [he] generally believe the same. When I use it, and I think when most others use the term, we use it as more of a quantitative assessment, where “mainstream” means “anything that a sufficient percentage of people believe”, to which it might be effective to add “that it holds enough weight to begin to sway policy discussions” …but that’s not essential.

I think Almaqah’s subsequent side-bars reveal a somewhat concerning attitude towards diversity of opinion as well as tolerance of that diversity. He seems to think that acceptable discourse should be extremely narrow and that anything outside of that window should not be tolerated one bit.

Cast of Characters (mostly from their twitter profiles):

@_Almaqah

Gabriel Malor (@gabrielmalor) – “Oklahoman. Attorney. Contributor at @FDRLST, @dcexaminer, and other places. Keep reminding me that I’m supposed to be rising above.”

@Elwampito – “petty bourgeois”

Mollie Hemingway (@MZHemingway) – “Senior Editor, @FDRLST”

Katherine Mangu-Ward – Editor in Chief of Reason Magazine

FyodorPossibly a libertarian & probably anti-Trump… (judging from a quick scan of tweets)

@MsBaileyGurl – “fundamental human rights and fast wifi. So easy to please.”

Mark Hemingway (@Herminator) – “Senior Writer @WeeklyStandard. Husband of @MZHEmingway”

Jacob T. Levy (@jtlevy) – “Tomlinson Prof of Political Theory, McGill. RPF http://amzn.to/1osWYDC Niskanen http://tinyurl.com/gpu3rzw Opinions here are mine not McGill’s.”

Alexandra DeSanctis (@xan_desanctis) – “Buckley Fellow at National Review. Co-host of “Ordered Liberty” with @DavidAFrench. @NotreDame alum. ”

Bre Payton – “the culture and millennial politics reporter for The Federalist”

@JackFromAtlantapossibly a conservative & possibly an Eastern Orthodox Christian (judging from a quick scan of tweets)

@UrbanAchievrprobably a leftist, most probably anti-Trump (judging from a quick scan of tweets)

Oliver Darcy (@oliverdarcy) – “senior media reporter, @CNN. writing at the intersection of media & politics.”

Kirsten Powers – “USA Today Columnist / CNN Political Analyst / Cohost of @thefaithangle podcast”

Here’s the opening salvo, as Almaqah responds to Gabriel Malor (which “El Wampito” rapidly jumps into).

@gabrielmalor – “The man just lost his job because of his political beliefs. The people celebrating it, particularly the ones who work in media, are trash human beings, not to mention completely unself-aware morons.”

@_Almaqah (two combined tweets) – “Stop convincing me “executing women who have abortions” is a conservative belief, I’m trying to be generous. Also he’ll be fine, NR will take him back. Most prolifers say they don’t want to punish women who have abortions, so it’s odd to see some of them conflate KW calling for execution with normal conservative beliefs. Which is it?”

@Elwampito – “it’s the latter”

@_Almaqah – “I’d like to give them the benefit of the doubt!”

@Elwampito – “i mean, if you believe abortion is murder and support the death penalty, it would seem to fit unless you think women lack moral agency or something”

@_Almaqah – “This is true, most of them get around having to reach this conclusion by just saying women are victims of abortion too. KW was willing to say he takes their agency seriously and thinks they should be held culpable”

Here, Almaqah subtly shifts the accusation. The topic is the specific stance that women who kill their unborn children should be executed. Almaqah expands this to “Punishing women who seek abortion.”.There’s a significant difference here where his latter use of “punish” compels the person he’s arguing with to either agree or disagree to a general assertion which may or may not reveal an actual attitude towards the specific assertion. This isn’t rhetorically responsible dialogue.

@MZHemingway – “In only article pubbed @ Atlantic before being fired for being pro-life, NeverTrumper Kevin Williamson wrote enemy was @VDHanson.Interesting”

@_Almaqah – “Another person who equates ‘prolife’ with ‘wanting women who have abortions to be executed’. I’ll take your word for it!”

Molly Hemingway, is playing the typical journalist role of saying something triggering to her base, “Fired for being pro-life”, when she knows he was fired for having a stance about how to enforce those who have abortions. She isn’t being responsible with her tweet, and Almaqah capitalizes on this. But in reality, we know he wasn’t fired for being pro-life, but standing up *for* him and his right to hold opinions, is not an endorsement of those opinions NOR is it a claim that the opinions are “mainstream” (unless you insist on the Narrow Overton window definition of mainstream).

Here, Almaqah quotes the same Reason article, by Katherine Mangu-Ward, which [Chris] referred to and is linked in Jack’s piece.

@_Almaqah (two combined tweets) – “Kevin’s defenders would’ve been better off just saying ‘yes, punishing abortion w/execution is completely reasonable conservative belief, what of it?” instead of “he was just trolling, of course he doesn’t believe that horrible thing!” I mean, once you concede it’s a terrible thing to believe it, kind of hard to get mad when there are consequences for actually believing in it”

@Fyodor32768 (three combined tweets, bold is what Almaqah responds to) – “I think that conservatives probably believe that say the median viewpoint should be outright illegalization and that Williamson’s execution position is on the right side of the spectrum but not crazy. So by saying that his hanging position puts you outside the spectrum you are saying something about what the “baseline” opinion is that they dislike. Sort of like how a lot of mildly racist conservatives didn’t fully agree with Trump’s more forceful racism but didn’t feel it should be condemned as outside the pale because they though of their own more mild racism as the midpoint for views on minorities.”

@_Almaqah – “Yes, to them punishing abortion by execution is just a policy difference to be debated politely among friends. It’s not like Williamson called for something truly offensive like an 80% estate tax”

Almaqah, relying on the narrow, intolerant view of the Overton Window, again shifts the term from the specific “execution” to the broader term “punishment.” Fyodor does a great summary rebutting him here. Almaqah’s reponse is to belittle the notion of tolerating an individual, who while generally in agreement with most actual mainstream opinions, holds one or two more extreme ideas. This is problematic. If Almaqah’s attitude is to reign, we cannot tolerate individuals having anything other than exactly the same lock step views on every opinion we grant “mainstream” status…we must, upon discovery that one of our “orthodox” fellows, when holding even a single “out of whack” viewpoint, must be shut up and sent out of the camp.

@Herminator – “Kevin Williamson was Never Trump *and* one of the most talented writers of his generation. They still wouldn’t let him work for a a venerable liberal institution. Let that be a lesson.”

@MsBaileyGurl – “The lesson is…don’t advocate for the murder of women. Seems pretty easy for the ‘law and order’ party to get behind.”

@Herminator – “Adovocating for the murder of women who murder others is the issue at hand. This is misdirection.”

@_Almaqah – “”he doesn’t want to murder all women, he just wants to murder women who have abortions” might’ve sounded better in your head” Continue reading

Morning Ethics Warm-Up, 4/19/18: “Boy, Am I Sick Of This Stuff” Edition

Morning….

1. Once again, the Orwell Catch-22. Ethics Alarms has several times flagged the unconscionable use of the Orwellian ” If you have nothing to hide, you have nothing to fear’ in the news media and among the resistance as they try to demonize the President of the United States for insisting on basic principles of due process and legal procedure. (Here, for example.) How did the Left come to such a state where they embraced this unethical concept, which is totalitarian to the core, and the antithesis of liberal thought? It is pure corruption, and forces fair Americans to side with the President and his defenders whether they want to or not.

To get a sense of how insidious this trend is, read Jonathan Chait’s recent effort for New York Magazine. Chait isn’t an idiot, but he’s so biased that he often sounds like one, as in his ridiculously blind 2016 essay declaring that “The 2016 Election Is a Disaster Without a Moral.”

This time, he makes the argument that President Trump must be guilty of horrible crimes because various Trump allies have denied that Michael Cohen will “flip” on his client, meaning that he would testify against him. Lawyers can’t testify against their clients, even if they have knowledge of criminal activity. They can testify to client efforts to involve them in criminal activity prospectively, because requests for advice regarding illegal acts are not privileged. Chait, however, doesn’t observe this distinction: he is simply towing the ugly If you have nothing to hide, you have nothing to fear’ position that has been adopted, to their shame, by many left-leaning pundits and supposedly legitimate news organizations like the New York Times. Look at this section in Chait piece, for example: Continue reading