Morning Ethics Warm-Up, 3/15/2019: Fevered Ethics Musings, and More

Good morning

…after a lousy night’s sleep.

 I’m going to deal with the Peter Strzok/Lisa Page Congressional testimony in a full post, but I’ll give a preview here.. As I will elaborate then, this makes me feel like I am going crazy, and also creates dilemmas regarding what this blog is about, and how to keep it trustworthy. The story that has developed over the past week is almost incredible in its objective implications for the Obama administration’ legacy (Did you know that there were NO SCANDALS under President Obama?), the 2016 election, Hillary Clinton, the Mueller investigation, the Justice Department, the Democratic Party, and the efforts to undermine the Trump Presidency, and by extension, our democracy. When I write about all of this, however, the result will sound like an over-heated conspiracy theory from the depths of Breitbart. I know that’s what my bubble-dwelling friends on Facebook will say, and what the Ethics Alarms exiles who were, and, I’m sure, still are, incapable of believing anything but “resistance” and Democratic anti-Trump talking points will think as well. I checked yesterday’s New York Times page by page: there was nothing about what Peter Strzok and Lisa Page revealed under oath…not in the news, not on the op-ed page, not in the letters to the editor. How can that be, in a paper that claims to present “all the news that’s fit to print?” I didn’t check the Washington Post (I don’t get the paper version) , but I assume a similar black-out from the paper that hypocritically proclaims that “Democracy Dies In Darkness.” Senator Lindsay Graham s calling for a new Special Prosecutor, and if we had an honest, non-partisan news media, I assume—I hope—that the informed public, at least the uncorrupted portion that has principles that transcend politics, would be doing the same. I know U.S. government and Presidential history better than most, and what I see—and can see only because I do not trust the mainstream media–is worse than Watergate (that over-used phrase) and far, far scarier, because this time, the press is part of the cover-up.

1. Addendum. One legacy that may be ticketed for oblivion is that of John McCain. We learned yesterday that a close McCain associate aggressively circulated the discredited, Trump-smearing Steele memorandum to media outlets all over D.C. after the President was elected. From the Daily Caller:

David Kramer, a former State Department official, said in a deposition on Dec. 13, 2017 that he provided a copy of Christopher Steele’s dossier to reporters from McClatchy, NPR, The Washington Post, The Wall Street Journal and BuzzFeed and CNN’s Carl Bernstein. He also shared the report with State Department official Victoria Nuland, Obama National Security Counsel official Celeste Wallander and Illinois GOP Rep. Adam Kinzinger.

If Senator McCain knew about this, or worse, engineered it, he was trying to undermine the sitting President. Based on his petty and vindictive conduct in the period between the election and his death, this seems very plausible, and even likely.

2. Meanwhile, here’s another irresponsible Trump Tweet storm…which has received more publicity in major news sources than indications that the Obama Justice Department was working to manipulate the 2016 Presidential election. The President tweeted that “airplanes are becoming too complex to fly”   two days after the Ethiopian Airlines crash that killed all 157 people aboard, and before any official assessment of the causes of the crash  was made, “Split second decisions are needed, and the complexity creates danger. All of this for great cost yet very little gain. I don’t know about you, but I don’t want Albert Einstein to be my pilot. I want great flying professionals that are allowed to easily and quickly take control of a plane!”

Ugh. Talk about abusing a position to make the public dumber. This is just Luddite blathering from someone who has no more expertise regarding airplanes than my mailman. It is not an informed opinion, and the comments can do no good, while causing tangible damage in unfounded fear.

I do agree that Albert Einstein would be a poor choice as a 737 pilot, as would Genghis Khan, Ed Wynn, and Katherine the Great, being untrained in flying AND being dead as mackerels.

2. Another liberal champion bites the dust (and I think I know why).  From the Montgomery Advertiser:

The Southern Poverty Law Center fired Morris Dees, the nonprofit civil rights organization’s co-founder and former chief litigator. SPLC President Richard Cohen said in a statement Dees’ dismissal over his misconduct was effective on Wednesday, March 13. When pressed for details on what led to the termination, the organization declined to elaborate. “As a civil rights organization, the SPLC is committed to ensuring that the conduct of our staff reflects the mission of the organization and the values we hope to instill in the world,” Cohen said in the emailed statement. “When one of our own fails to meet those standards, no matter his or her role in the organization, we take it seriously and must take appropriate action.”

The Law Center is literally an extension of Dees; he has been its face and founder. I’ve been at an award ceremony for Morris Dees. An organization doesn’t treat its progenitor this way unless it has to, and Dees, according to reports, was no longer active in the SPLC’s activities. There is an undropped shoe, and I’m betting the Oxford is one more sexual harassment scandal involving a liberal icon. What other “conduct” would get Dees fired, unless the hate-group labeling group’s founder was using shoe-polish to imitate Michael Jackson?

3.  So how long before college tuitions come down, people stop assuming those with degrees from Harvard are smarter than those who don’t, and higher education admits that a complete overhaul is overdue and mandatory, since colleges have become political indoctrination centers rather than educational institutions?  Commenting on the college admission scandal, George Mason University professor Bryan Kaplan writes at TIME:

…The admissions scandal is an opportunity to separate the lofty mythology of college from the sordid reality. Despite the grand aspirations that students avow on their admission essays, their overriding goal is not enlightenment, but status. Consider why these parents would even desire to fake their kids’ SAT scores. We can imagine them thinking, I desperately want my child to master mathematics, writing and history — and no one teaches math, writing and history like Yale does! But we all know this is fanciful. …Most majors, however, ask little of their students — and get less. Standards were higher in the 1960s, when typical college students toiled about 40 hours a week. Today, however, students work only two-thirds as hard. Full-time college has become a part-time job….Why do employers put up with such a dysfunctional educational system? Part of the answer is that government and donors lavish funding on the status quo with direct subsidies, student loans and alumni donations….The deeper answer, though, is that American higher education tolerably performs one useful service for American business: certification.

… When I was in high school, my crusty health teacher loved to single out a random teen and scoff, “You’re wanted … for impersonating a student.” If you can get your less-than-brilliant, less-than-driven child admitted, he’ll probably get to impersonate a standardly awesome Ivy League graduate for the rest of his life.

…[T]ruth be told, this salacious scandal proves next to nothing. It just illustrates the obvious. Though we casually talk about our “institutions of higher learning,” little learning is going on. Sure, college is an intellectual banquet for the rare students with a passion for ideas and the energy to locate the also-rare professors with a passion for teaching. The vast majority, however, come in search of a stamp on their foreheads that says grade a — and leave with little else. If the parents accused by the FBI are guilty as charged, don’t say they failed to understand the purpose of a college education. Say they understood its purpose all too well.

Bingo.

 

 

Nancy Pelosi And Impeachment Ethics

Clearly, it’s time to revisit impeachment ethics issues, after Nancy Pelosi’s snide declaration (after saying that she is always respectful of the Presidency, mind you), that the President “wasn’t worth it,” it being the political risk of sending him to a trial in the Senate. We should pause a second to acknowledge the hilarity inherent in the Speaker saying that impeachment wasn’t desirable because it would be “divisive to the country” and “divides the country.”  The Democrats, led by Barack Obama, who pointed the way, have intentionally and cynically sliced and diced the country into victims and villains, champions of the oppressed and deplorables, for a decade, unforgivably risking national strength, comity, and peace for speculative electoral gain.

We haven’t added a new Plan to the list of “resistance” and Democratic Party coup attempts—for that’s what they are–including impeachment theories, since last July, though many of the classics re-emerged in the news.  Remember, there were law professors who advocated impeaching Trump before he was inaugurated.  Here’s where it stands:

Impeachment And Coup Plans.

Plan A: Reverse the election by hijacking the Electoral College.[Status: FAILED and DEAD, until it rises again in 2020]

Plan B: Pre-emptive impeachment.  [Status: FAILED and DEAD]

Plan C : The Emoluments Clause. [Status: Still twitching! ]

Plan D: “Collusion with Russia” [Status: On life support]

Plan E : ”Trump is mentally ill so this should trigger the 25th Amendment.” [Status: Amazingly, still being talked about .]

Plan F: The Maxine Waters Plan, which  is to just impeach the President as soon as Democrats control both Houses, because they can. [Status: Hope springs eternal!]

Plan G : “The President obstructed justice by firing incompetent subordinates, and that’s impeachable.” [Status: LAME, but ONGOING]

Plan H: “Tweeting stupid stuff is impeachable” [Status: ONGOING]

Plan I:  “Let’s relentlessly harass him and insult him and obstruct his efforts to do his job so he snaps and does something really impeachable.” [Status: ONGOING]

Plan J : Force Trump’s resignation based on alleged sexual misconduct that predated his candidacy. .[Status: FAILED and DEAD]

Plan K: Election law violations through pay-offs of old sex-partners [Status: ONGOING]

Plan L: The perjury trap: get Trump to testify under oath, then prove something he said was a lie. [Status: To be determined.]

Plan M: Guilt by association. Prove close associates or family members violated laws. [Status: Ongoing.]

Plan N: Claim that Trump’s comments at his press conference with Putin were “treasonous.”

I’m sure you’ve noticed that the soft coup-complicit news media hasn’t been predicting impeachable results from the Mueller investigation lately, which seems odd, since they have been fanning flames of anticipation and suspicion from the day it started. This is because most rational observers are pretty certain that Trump, as he has said from the beginning, did nothing wrong, and certainly nothing impeachable regarding Russia. Never mind:  Democrats have made it clear that this soon-to-be-pronounced dead horse will be flogged by them into goo as long as it attracts donations and is a viable means of stopping the elected President from doing the job he was duly elected to do. Continue reading

Unethical Quote Of The Month: Sen. Kamala Harris (D-Cal.)

“It is a fact that we can change human behaviors without much change to our lifestyle and we can save the future generations of our country and this world.”

—-Democratic Presidential candidate Kamala Harris, talking about the feasibility of the “Green New Deal.”

Right now the most interesting contest is between Elizabeth Warren and Kamala Harris for Most Outrageous Demagogue. Harris already has the “How far can I jam my foot down my throat” title, at least until the infinitely entertaining Joe Biden officially enters the race.

Re-engineering human beings is the domain of totalitarians, and her party is now so thoroughly entranced by totalitarian methods–control of the media, censorship of speech, defiance of elections, Big Lie propaganda—that Senator Harris may be getting careless and letting the mask drop.

This statement is also a lie and an alarmingly brazen one, which gives us a good idea of how the Green New Deal will be sold to the largely ignorant and gullible public. Read that FAQ document again and try to imagine how the objectives appearing there—not that they are much more realistic than Oz—wouldn’t involve “much change to our lifestyle.”

Now, to be fair, it is possible that Harris’s meaning wasn’t as ominous as it seems. People can change their behavior and habits: that’s what this blog is about. People got the message about littering in the late Fifties and early Sixties, for example. The culture us always evolving, and the culture causes people to adapt their behavior. The problem is that Harris didn’t say people can change, she said that “we” can change human behavior. That’s what Marx and Lenin thought. I don’t trust people who think like that, or who even lets statements like that out of their mouths without stopping and thinking, “Wait, what did I just say?” Continue reading

President Trump Reportedly Will Not Cooperate With The House Democrats’ Effort To Keep Investigating Him Until They Can Find Something To Impeach Him With.

Good.

On one of Sunday’s talking head shows, Rep. Gerald Nadler (D-NY), whom you might remember pre-diet as one of the most vociferous defenders of President Clinton during the House impeachment hearings, said that there was no question that President Trump had obstructed justice. Asked why, then, the House wasn’t seeking impeachment, Nadler said, “We don’t have the facts yet.” Yes, it’s that again: “the resistance” is positive that the President broke the law somewhere, some how, without any evidence that he broke the law. They just know, that’s all. I’ve been reading Trump-deranged commenters making the same set of arguments for three years now, usually followed by, “If he’s innocent, what’s he afraid of?,” a statement that sounds more comfortable in German, Russian, or Chinese.

This is not how our justice system or our political system is supposed to work, nor is it a proper use of Congress’s investigation and oversight powers. As as been typical of the Democrats’ Bizarro World reasoning, Rep. Elijah Cummings called the President’s defiance an attack on the Separation of Powers. No, it is an attack on the Separation of Powers when Congress cynically sets out to interfere with the ability of the Executive to discharge his Constitutional duties by launching endless, unjustified investigations. In particular, the President is performing a national service by refusing to allow Congress to demand his tax returns. The tax returns of all American must be confidential and private. If Congress can demand and acquire anyone’s tax returns based on speculation alone, then no citizen’s tax documents are safe.

Obama Whisperer David Axelrod inadvertently spoke the truth in a tweet that said, Continue reading

Saturday Ethics Warm-Up, 3/2/2019: Road Trip Epiphanies…And The Washington Post’s “Note” On The Covington Fiasco

Hi, everybody! It’s good to be back home!

I was torn whether to mention in this morning’s post that I would be Northern Virginia-bound from the Pittsburgh, Pennsylvania area (Washington County) for most of the day. Who knows what banned and lurking commenters would seize on that intelligence to raid the forum here while I was unable to moderate, as occurred yesterday?

1. I wonder if most lawyers have the same reaction… The Pennsylvania lawyers I spoke to all seemed to share the same impression of the Michael Cohen testimony that I had. Why would anyone believe someone like that? What is the point of Congressional testimony by a convicted liar and disbarred attorney? No one disagreed that Cohen couldn’t be a witness in any proceeding, not would his testimony be admissible. How could anyone see this as anything but a transparent and  base effort by Democrats in Congress to try to smear the President with ad hominem slurs and unprovable allegations by someone obviously trying to somehow improve his own, self-made, miserable position? The lawyers are also concerned Congress is weakening the crucial attorney client privilege by encouraging a witness to breach it.

2. Ethics Corrupter: Nancy Pelosi. How dare the speaker of the House insult the President before the public by saying, “Do the country a favor, don’t run in 2020?” The democratic Congress continues to lead the effort to strip the President and his office of all the respect and basic deference they both must have for the government to function. Her snide condescension is unprofessional and nauseating….as well as bizarre, coming after the Trump-led economy just had its best month of growth in a decades—just as he promised it would. Given the state of her own party right now, a plea of “Do Democrats a favor, don’t run in 2020” would be more logical.

3. Engineering ethics. My GM rental car was keyless. It’s cool and all, but why? Congress is trying to pass new safety regulations because keyless cars are killing people. Drivers leave them running without realizing it, and sometimes poison themselves or other with carbon monoxide. They also may be easier to steal.

What, exactly, is the problem that keyless ignition was needed to solve? The “improvement” adds to the cost of cars, and appears to be a classic example of fixing something that ain’t broke, just Americans like gadgets. I have attacked the “if it saves one life” idiocy of the anti-gun lobby, but that’s because guns have very valid uses. If a completely gratuitous change in engineering and technology kills anyone without conferring some counter-balancing advantage, then that change is irresponsible and reckless.

4. Not good enough—not even close. The Washington Post, which is being sued by lawyers for 16-year-old Nicholas Sandmann for its role in focusing partisan hate on a student who had in fact done nothing wrong, issued an “Editor’s Note” on the episode late yesterday. Here it is in its entirety: Continue reading

On Trump, Otto Warmbier, Knowledge, Responsibility, And Making The Public Dumber

And now, a brief note on ethics, leadership, and English comprehension….

President Trump did not say or imply that Kim Jong Un wasn’t responsible for the death of Otto Warmbier. Of course he’s responsible, just as President Trump is responsible for anything his government does. Ken Lay claimed that he didn’t know that his company was one big scam, and anything is possible, I guess. But as CEO, he was unquestionably responsible.

President Trump is getting clobbered on all sides for saying, regarding the late American student who was put in a coma by harsh treatment by North Korea, during Kim’s regime “He tells me he didn’t know about it, and I take him at his word.” Continue reading

Open Forum!

Alas, I have an early flight to New York this morning for some BigLaw legal ethics training, so I’m turning the blog over to the ethical readership, where I know it will be well cared for.

Write about whatever you like, as long as what you like involves ethics or leadership, and is devoid of nasty things and political rants. Also remember that if there are mosre than a single link in your post, it would be read until I get it out of moderation, and I can’t guarantee when that will be today.

Make Ethics Alarms proud!

Ethics Quiz: The Governor’s Dress

Michigan Governor Gretchen Whitmer wore a “form fitting dress” or a “distractingly badly-fitting dress” during her state of the State address. After some pundits and a lot of social media users leveled harsh criticism of her attire, the matter quickly entered the battlefield of the gender wars. She said in a statement,

“In my speech I was encouraging people to see the humanity in one another in this cruel political environment. In an era when so many women are stepping up to lead, I’m hoping people will focus on our ideas and accomplishments instead of our appearance. Until then, I’ve got a message for all of the women and girls like mine who have to deal with garbage like this every day: I’ve got your back.”

Anne Doyle, an Oakland County leadership coach for women, said,

“If she had been wearing something big and baggy, she would have been criticized for wearing that. We’re going to see a significant amount of this type of criticism as more and more women are in these type of powerful, leadership roles. It’s gender bias. But we have to power our way through it and ignore it.”

No question about it, female public figures are often subjected to higher standards of appearance than males. However, does this mean that no criticism of public comportment and appearance by public officials in the official discharge of their duties is legitimate? Here’s Ann Althouse on the controversy, writing that the Governor…

…wore a dress to her State of the State Address that was just way too tight. As many of the commenters (at The Daily Mail) observe, you can see the outline of her bellybutton. It’s not really fair to accuse everyone of body shaming when you wear something that fits so poorly. People talk about Trump’s tie being too long….

And his hair, AND his skin color, AND his hands, AND his weight. Meanwhile, Michelle Obama’s every fashion choice received barrels of ink-worth of automatic praise. The issue is, or should be, whether a public figures should be held accountable for decisions regarding they present themselves to the world. Cousin Vinny kept finding himself in contempt of court for inappropriately casual attire, which was deemed disrespectful to the court. Are supporters of the governor really arguing that all criticism of a female elected official’s attire or appearance is sexist? Seriously?

Your Ethics Alarms Ethics Quiz Of The Day is…

Was criticism of the Governor’s dress unethical?

Continue reading

Ethics Warm-Up, 2/19/19: College Disgrace Edition [Updated!]

Hello, Readers, and Goodby, Columbus (see #5)!

In case you care: yesterday was about the third time in ten years that I have failed to get at least one post up. I was in New Brunswick, NY, after the three and a half-hour trip from Virginia took over five hours instead of three. I had scheduled a 6:15 am wake-up call, and a room service breakfast at 6:30 in order to prepare for my 3 hour seminar and get a post or two up before I had to check out at 8 am. No wake up call. No breakfast. I was awakened at 8:05 am by Clarence Darrow, aka actor Bruce Rauscher. Somehow we made it to the seminar on time, Bruce was great, the lawyers were happy, but by the time the return journey got me home that night any Ethics Alarms post I attempted would have been in Esperanto.

I’m sorry.

1. Revelation! Hearing Darrow’s courtroom arguments in a different interpretation and pace made me realize that part of his methodology was to gradually convince juries that he was smarter than they were, and that they should just do what he said because he proved he had thought the issues through more thoroughly than they had or could. His genius was that he could do this without appearing to be arrogant or conceited. This is how effective leaders lead, and also how they corrupt, persuading normal people to just surrender their judgment.

I am an advocate of capital punishment, but when Darrow made this argument pleading for the lives of thrill-killers Leopold and Loeb….

What is the public’s idea of justice? “Give them the same mercy that they gave to Bobby Franks.”

Is that the law?  Is that justice?  Is this what a court should do?  Is this what a state’s attorney should do?  If the state in which I live is not kinder, more humane, more considerate, more intelligent than the mad act of these two boys, I am sorry that I have lived so long.

…I had to pause and wonder if he had found the fatal weakness in the logic of the death penalty. I have a rebuttal, but I have thought about the issue a long time, and Darrow wasn’t THAT much smarter than me. But if I were a typical juror (or even a judge, as was his audience in this case), I might be tempted to see the case Darrow’s way.

2.  Once again, the totalitarian instincts of progressives and attempted thought-control on campuses...I believe that this escalating phenomenon will eventually lead to an epic cultural conflagration.

Orange Coast College barred its chapter of the Young Americans for Freedom  displaying this banner….

…..at a campus student recruitment fair. The College objected to the banner’s depicting images of two rifles which college officials said were forbidden by a college policy that bars not just firearms but “any facsimile of a firearm, knife, or explosive.”

Obviously, however, such a decision violates the First Amendment. Explains Constitutional law expert Eugene Volokh, “once a university opens up a space where students may display banners, it then may not restrict such displays unless the restriction is viewpoint-neutral and reasonable. It’s hard to see a viewpoint-neutral rationale for banning even sillhouette displays of guns, which no-one would confuse for real guns….even if the rationale is viewpoint-neutral, it’s not reasonable: To be reasonable, a restriction on speech within a government-created forum must be “consistent with the [government’s] legitimate interest in ‘preserv[ing] the property … for the use to which it is lawfully dedicated.'” Nothing about the display of rifle sillhouettes interferes with the government’s legitimate interest in preserving campus property for its normal uses, except insofar as such a display conveys a pro-gun viewpoint to which some people object.”

Of course, the real purpose of the restriction is political indoctrination of students and agenda-driven limitations on advocacy. College administrators who don’t comprehend the Bill of Rights better than this may be qualified to educate trained ferrets, but not human beings less human beings.

The professor also points out that the school’s sports team logo…

…violates the school policy exactly in the manner the banner does, for it includes an illustration of a knife.

Fools and hypocrites—and nascent totalitarians. Continue reading

Saturday Ethics Warm-Up, 2/16/2019: The King’s Pass And Kool-Aid

Good morning…

1. A literal “King’s Pass”! The King’s Pass, #11 on the Ethic Alarms rationalization list, was acted out with perfection in Great Britain, where Prince Philip, despite causing an automobile accident that injured another driver, was not charged or ticketed by authorities. The nonagenarian royal has been persuaded to surrender his driving license, however.

2. Politics do not belong in the sports pages...but don’t tell the New York Times. In another King’s Pass-related story,“Patriarch’s Racist Emails Stagger Cubs Owners” (the print version), in which the Times subtly lobbies for the Chicago Cubs and Major League Baseball to take punitive action against Joe Ricketts, the billionaire whose family owns the team, we had the following statements…

  • “The false assertion that Obama, who identifies as Protestant, was Muslim and born outside the United States were prevalent in right-wing politics during his presidency.” This is just false. The birthers were a radical fringe of the conservative opposition to Obama, and that weak conspiracy theory was never “prevalent.” Nor can the birther claims be fairly called “racist,” though certainly many of their adherents were racist. Among the “racist” sentiments attributed to Ricketts in the article were “we cannot ever let Islam become a large part of our society.”  At worst that’s religious bigotry, not racism. At best it’s a defensible point of view.

In fact, I tend to agree with it, and the experience of Western Europe supports the position.

  • The article approvingly cites the mandatory grovel by Tom Ricketts, chairman of the Cubs, who denounced his father’s emails in a statement, saying, “We are aware of the racially insensitive emails in my father’s account that were published by an online media outlet. Let me be clear: The language and views expressed in those emails have no place in our society.”

Let me be clear: any language and all views have a place in a society founded on the principles of freedom of thought and expression. The casual and routine endorsement of thought-crime and censorship by the mainstream news media (and academia) is far more alarming than any private emails by an elderly billionaire. Continue reading