“We do not have Obama judges or Trump judges, Bush judges or Clinton judges. What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them. The independent judiciary is something we should all be thankful for.”
What prompted his comment: After federal judge Jon Tigar of the U.S. District Court for the Northern District of California temporarily blocked the Trump administration from denying asylum to migrants who enter the U.S. illegally, the President said that the decision was a “disgrace,” adding,
“Because every case, no matter where it is, they file it — practically, I mean practically — for all intents and purposes — they file it in what’s called the 9th Circuit. This was an Obama judge. And I’ll tell you what, it’s not going to happen like this anymore. Everybody that wants to sue the United States, they file their case in — almost — they file their case in the 9th Circuit. And it means an automatic loss no matter what you do, no matter how good your case is. And the 9th Circuit is really something we have to take a look at because it’s — because it’s not fair. People should not be allowed to immediately run to this very friendly circuit and file their case. And you people know better than anybody what’s happening. It’s a disgrace. In my opinion, it’s a disgrace what happens with the 9th Circuit. We will win that case in the Supreme Court of the United States.”
This was—I don’t think it’s unfair to characterize it as “gleefully”—gleefully reported as a rare rebuke of the President by a Chief Justice.
1. This is weird. The Florida Supreme Court released a long-awaited decision concerning whether a judge’s Facebook friendship with an attorney should be grounds for disqualification if the attorney is arguing a case before that judge. The 4-3 opinion holds that:
In some circumstances, the relationship between a judge and a litigant, lawyer, or other person involved in a case will be a basis for disqualification of the judge. Particular friendship relationships may present such circumstances requiring disqualification. But our case law clearly establishes that not every relationship characterized as a friendship provides a basis for disqualification. And there is no reason that Facebook “friendships”—which regularly involve strangers—should be singled out and subjected to a per se rule of disqualification.
I could not disagree more. A friend request from a judge is inherently coercive, and creates pressure on the lawyer to accept. Who wants to tell a judge that he doesn’t want to be his friend? Other bar associations and courts have held that it is improper for judges and lawyers to “friend” each other if there is any chance that the judge will be presiding over the lawyer’s cases, and that is the wiser rule. My own preference would be for judges to stay off social media entirely, except for close friends and family. They can only get in trouble there.
2. And this is much weirder…Apparently an app, ‘Santa Call New 2018,’ briefly available for download at the Amazon Children’s Store, would place a call to “Santa”when kids pressed the ‘call’ button, and Jolly Saint Nick would reply, “Hello there. Can you hear me, children? In five nights, if you’re free, I will look for you, I will find you, and I will kill you.”
1. Bottom line” Don’t trust Facebook. From the Times: “Facebook failed to closely monitor device makers after granting them access to the personal data of hundreds of millions of people, according to a previously unreported disclosure to Congress last month.” Surprised? As with Google promising moths ago that it was no longer reading our mail, then admitting months later that it had resumed the practice, the big tech companies have proven repeatedly that that we cannot believe what they say, or their motives, or their pledges of good will and public service. More from the Times story:
Facebook’s loose oversight of the partnerships was detected by the company’s government-approved privacy monitor in 2013. But it was never revealed to Facebook users, most of whom had not explicitly given the company permission to share their information. Details of those oversight practices were revealed in a letter Facebook sent last month to Senator Ron Wyden, the Oregon Democrat, a privacy advocate and frequent critic of the social media giant.
In the letter, a copy of which Mr. Wyden provided to The New York Times, Facebook wrote that by early 2013 it had entered into data-sharing agreements with seven device makers to provide what it called the “Facebook experience” — custom-built software, typically, that gave those manufacturers’ customers access to Facebook on their phones. Those partnerships, some of which date to at least 2010, fall under a consent decree with the Federal Trade Commission drafted in 2011 and intended to oversee the company’s privacy practices.
Read the whole thing. I just assume that anything I put on Facebook, regardless of the alleged settings,will be sold to or otherwise obtained by potentially malign entities.
2. Just what we need now, a rogue First Lady. First Lady Melania Trump publicly called for the President’s deputy national security adviser, Mira Ricardel, to be fired. In a word, well, two: Shut up. The felicitous circumstance of marrying someone who is later elected President of the United States confers no expertise or authority. The position of First Lady has no Constitutionally recognized duties, nor does it carry any real power. There is nothing anyone can do to diminish the influence and spouse may have with the President behind closed doors—and that is a problem—but she or the inevitable he must not confuse, confound or otherwise seek to influence affairs of state with public comments and opinions. Why Melania wants Ricardel fired is irrelevant. It’s none of her business.
I just want to point out that I sneezed six times while typing those last four words. Applause, please.Continue reading →
I learned about Nora Bayes (1880-1928) while mounting a production of a “lost” musical, George S. Kauffman’s Hollywood satire “Hollywood Pinafore,” which was essentially a parody of Gilbert & Sullivan’s classic, “H.M.S. Pinafore.” Nora was mentioned in a laugh line in the script, so the 1941 show assumed that the audience knew who she was. I had never heard of her, so I did some research. She was a fascinating character, and a huge vaudeville and Broadway singing and comedy star, household name huge. “Over There” was one of her biggest hits; another was “Shine on Harvest Moon,” which she wrote with her second husband (she ultimately had five), Jack Norwith. He also wrote “Take Me Out To The Ball Game,” another Bayes standard. According to one online biography, Bayes Bayes “provided some flamboyant, indeed extreme, examples of the broad social changes happening in the United States in the early twentieth century, namely the questioning of traditional roles for women as well as the challenges to male political and economic power that marked the women’s movement of the time.”
I almost wrote about her in April. As regular readers here know, I believe it is the our duty to honor the memories, accomplishments and cultural influence of past figures in American history, because the more we remember, the more we learn, and the wiser and more ethical we are. Somehow Nora Bayes, famous as she one was, had been in an unmarked grave for 90 years. On April 21, a group of Nora Bayes enthusiasts placed a granite headstone over her plot. The New York Times told the strange tale here.
Now I think of Nora Bayes every time I hear “Over There,” “Shine on Harvest Moon,” and “Take Me Out To The Ball Game.” Maybe you will too.
1. Truth in labeling. Major League Baseball has sent a team to Japan to play a series of exhibition games against a Japanese All-Star team, reviving a long-time tradition that had been suspended for several years. As you may know, the U.S. was critical in introducing baseball to Japan, and sent several major stars there to help get the sport established. Playing in Japan is mostly a lark for the American players, but the games are taken very seriously by the Japanese. In the first two games, the MLB All-Stars have lost, greatly pleasing the locals.
I don’t begrudge the Japanese fans their David and Goliath fantasies, but calling the U.S. team “All-Stars” is misrepresentation. For example, one of the pitchers who got clobbered in the last game, a 9-6 contest that began with the Japanese team jumping out to a 9-0 lead, was a Red Sox pitcher named Brian Johnson. I like Johnson, a crafty swing-man who had some good moments last season, but he’s a lifetime 6-6 pitcher who was left off the Red Sox post-season roster, and will have to battle to stay in the majors next season. I know you can’t sell tickets if the U.S. team is called the “All the players we could talk into coming to Japan Team,” but that’s what it is.
2. Tit for Tat may be funny, but it’s not ethical. Representative Dan Crenshaw, the veteran who was mocked last week on Saturday Night Live for his disfiguring war wound, appeared on the show last night to mock the appearance of his tormenter, Pete Davidson. Crenshaw was unusually poised for a pol on a comedy show, and the bit successfully got Davidson and SNL, which had been widely criticized for its nasty routine, off the hook. Clever. Successful. Funny. Still wrong, however. This represents an endorsement of Donald Trump ethics, as well as the endlessly repeated rationalization for the non-stop ad hominem attacks the President has inflicted on him daily by the news media and others. The President famously—infamously around here—has always said that if you attack him, he’ll attack you back harder. His haters argue, in turn, that their tactics are justified by his. This is how the culture got in the escalating spiral to Hell it is in. I don’t blame Crenshaw: if he hadn’t accepted the invitation to get funny revenge on Davidson, he would have looks like a petty jerk. Nonetheless, he has now officially become part of the problem, not just a victim of it.
3. Stop making me defend President Trump Dept. You see, I am kicked around on Facebook for not just falling meekly into line and declaring that everything Donald Trump does is an outrage and proof that he should be impeached. I tell you, it’s tempting. The mass bullying campaign to herd everyone into the undemocratic effort to overthrow an elected President using relentless criticism and flagrant double standards has been effective in stifling others, and it also serves as a kind of mass cultural hypnosis. I don’t like defending Trump. He is doing serious damage to his office, as are his unhinged foes, who are apparently willing to destroy the nation, democracy, and the Constitution to “save” it from him. But I will not be intimidated out of pointing out the revolting pettiness, hypocrisy and unfairness of his critics. Two examples surfaced yesterday. Continue reading →
Unless I’m missing something, all it says is “The United States will enforce the law.” This, for some reason, is regarded with alarm by the New York Times, which writes,
“The Trump administration, invoking national security powers meant to protect the United States against threats from abroad, announced new rules on Thursday that give President Trump vast authority to deny asylum to virtually any migrant who crosses the border illegally.”
The President always had authority to enforce the law. In fact, his oath of office requires him to do so.
The literally insane idea that the United States should not enforce its borders that somehow has burrowed itself into the Left’s hive-mind will not prevail, and because it involves our survival as a nation, no matter what other misadventures President Trump blunders himself into, opposing this deadly virus of a concept will ensure his support from a broad coalition of the American public. Democrats and the news media could instantly reverse much of the polarization poisoning our democracy if they would only abandon their indefensible defense of illegal immigration, but they just can’t bring themselves to do it, presumably because they regard unfettered immigration as a path to total power. Continue reading →
Today the victorious Boston Red Sox took their now traditional duck boat parade through Boston and down the Charles River, so even for the Sox, the 2018 season is officially done. My job isn’t however, because there were two striking examples of moral luck and consequentialism during the World Series, and apparently I was the only one who noticed.
I. The “Bad News Bears” moment.
When Red Sox Game 4 starter Eduardo Rodriguez surrendered what seemed at the time to be a decisive three-run homer to Yasiel Puig, putting the Sox behind in the 6th inning 4-0, he angrily hurled his glove to the mound. Commentators joked about how he resembled the Bad New Bears’ combative, potty-mouthed shortstop Tanner in the Little League classic, but other than the ribbing, nobody criticized “E-Rod.” Indeed, his manager, Alex Cora, exonerated him for the home run, saying that he, the manager, screwed up by letting his tiring pitcher face the dangerous Puig.
Yet earlier this season, Boston reliever Carson Smith, regarded as an important member of the Red Sox relief squad, threw his glove in the dugout after giving up a home run, and partially dislocated his shoulder. He was lost for the season, and both team officials and Boston sportswriters blamed Smith for his injury. He injured himself you see. It was stupid and selfish, and showed him to be unprofessional and untrustworthy. Many thought Smith should be fined, or even released. Yet it was a completely freak injury. It wasn’t as if Smith had punched a wall or a water cooler. Baseball players throw their gloves all the time, and I’ve never seen it injure anyone. So why was Carson Smith treated as a pariah for throwing his glove, but Eddie Rodriguez doing the same thing shrugged off? The only reason is that Smith’s angry gesture happened to injure him , which nobody, including Smith, could have predicted. In fact, Rodriquez was more, much more, irresponsible than Smith, because he knew throwing a glove could cause an injury. He knew, because it happened to Smith. Continue reading →
“Because of our sins, the Great Accuser always takes advantage – we read in the first chapter from Job – he roams looking for someone to accuse… he is accusing us strongly, and this accusation becomes persecution as well. …And there is also another type of persecution, of continuous accusations to dirty the Church: the Church must not be dirtied. The children yes, but not the mother, and the mother defends herself from the Great Accuser with prayer and penance. That’s why I asked to pray the Rosary, Our Lady, Saint Michael the Archangel. It’s a difficult moment because through us, the great accuser wants to attack the mother. And you don’t touch a mother”.
—- Pope Francis,addressing the closing session of a synod of bishops at the Vatican yesterday, claiming that the Catholic Church has been persecuted through accusations related to the clerical child sex-abuse scandals that have undermined the credibility of the papacy and church hierarchy.
I’m really mad at my head for exploding over this. Surely it isn’t a surprise, not after the ongoing accountability-ducking and finger-pointing the Pope and his Church have been engaged in while innocent children are buggered by priests worldwide. Yet somehow I did not, and apparently my head did not, believe that the Pope would be so callous, tone-deaf and, frankly, stupid as to play the victim card when it is not only invalid but guaranteed not to work. “How dare anyone accuse us of covering up child abuse when we have been covering up child abuse for decades, and probably centuries! How dare anyone imply that the Church is accountable when its priests molest children and its leadership choose to protect the molesters instead of the victims!” This is essentially what the Pope is saying (it sounds different in Italian), and he really seems to be oblivious to how awful it not only sounds, but is.Continue reading →
Literally nothing can spoil my mood now that the Red Sox are going to the World Series…and playing the Dodgers.
1. White House art ethics? I’ve been wanting to post about this all week. Here is the painting President Trump has hung in the White House:
I love it. It makes me smile every time I see it. But because there is nothing President Trump could do that the news media and the “resistance” wouldn’t mark as shameful; and scandalous, he is actually being attacked for his choice of art.
Well, to hell with them, which I’m sure is Trump’s attitude. Sure it’s a tacky painting; I’m pretty sure the artist knows that, and doesn’t care. Called “The Republican Club,” it is the work of Missouri artist Andy Thomas. Trump is President and for at least four years he’s living in the White House: he can put up whatever art he likes. If it makes him smile like it does me, then that’s a good enough reason to hang it. It’s bad art, but so was Obama’s official portrait showing him being slowly devoured by plants with the sperm on his face, and that one didn’t make anyone smile, except the artist.
By the way, CNN displays its ignorance by writing that “Chester Arthur, Rutherford B. Hayes and James Garfield are presumably in the crowd, but impossible to identify.” I could identify Arthur easily. Can you? Garfield, Hayes, and Benjamin Harrison, whom CNN’s reporter apparently never heard of, were all similarly bearded, and there are two bearded faces near Arthur that could be two of them. I can’t find McKinley anywhere, so maybe the artist was minimizing the presence of the murdered Presidents—given the tenor of Democratic rhetoric, that might be prudent—which means the bearded figures are Hayes and Harrison. Also missing is the only impeached Republican President, Andrew Johnson. Yeah, poor Andy would be a skunk at the picnic too. Continue reading →
Gynnastics and Football! Mary Bono, yes, Sonny’s widow, resigned as the interim CEO of the USA Gymnastics Federation after a tweet in which she dared to express disapproval of Nike, presumably because of its decision to elevate renegade NFL kneeler Colin Kaepernick to role model status. The tweet pre-dated her agreement to serve as an interim head while the embattled organization tries to dig out from a sexual molestation scandal. Nike is being sought as a major sponsor of women’s gymnastics, as several fled after the Federation was disgraced in the Larry Nasser scandal. Simone Biles and other gymnasts used social media to questioned whether Bono was fit to lead the organization and whether it was wise to alienate a potential sponsor. Chalk this one up to another set of timid bureaucrats being more terrified of social media than they are interested in running their organization competently. Nike now politicizes everything it touches, and has taken up permanent residence on the Left, because it thinks that where the market and the money is. Surely there are potential corporate sponsors that aren’t fond of using divisive messages to sell merchandise.
Is the new cultural standard going to be that impulsive tweets from the past, recent or distant, are legitimate reasons to can qualified people from jobs in which they have done nothing wrong? Bono’s fatal tweet just said that she had crossed out the “swoosh” on her own shoes.
Boy, when President Trump’s tweets come out, he’s going to be in BIG trouble…
On the other hand, Bono is an idiot. Her post resignation tweet suggested that both the kneeling NFL players and her swoosh censorship were protected free speech. She was a member of Congress, and she doesn’t understand the First Amendment. Worse, every time a presumed authority repeats that dead wrong “the players have a right to protest on the field” canard, America gets a little dumber.
1. Things fearmongers say...A Facebook friend, smart, a lawyer, good guy, wrote this: “The confirmation of Judge Kavanaugh will go down as one of the darkest days of the American experiment.” He really wrote that, and an astounding number of the Facebook leftist echo chamber “liked” the statement. Apparently Kavanaugh is going to resuscitate the Dred Scott decision, Korematsu v. United States, child labor and end women’s suffrage. He’s going to engineer from the Supreme Court chambers the equivalent of the American Civil War, or Pearl Harbor. Right. If Kavanaugh turned out to be a stealth combination of Jack the Ripper, the Marquis de Sade and Dr. Fu Manchu his confirmation couldn’t possibly rank in the top hundred “darkest days.”
That kind of rhetoric is hysterical and irresponsible, an abuse of free speech designed to make gullible and intellectually lazy people irrational and ignorant.
2. “Stop making me defend Donald Trump…AND Robert E. Lee!” Last night, as President Trump was speaking in front of a rally, NBC News tweeted out,
WATCH: President Trump says “Robert E. Lee was a great general” during Ohio rally, calling the Confederate leader “incredible.”
A few points to note on this: How is that observation and opinion news by any definition of the word? Lee was regarded as a “great general” well before the Civil War: that’s why Lincoln offered him the command of the Union army when the war started. There are many, many books written by military experts that express and justify that assessment. Ghengis Khan was also a really great general, along with Julius Caesar and Curtis LeMay. This is a rare variety of fake news, joining more common varieties that have become routine of late like potential news, future news and psychic news,called past news, a new oxymoron. As for “incredible,” this, everyone conscious should know by know, is generic Trump-speak like “great,” “tremendous,” and “sad.” Who knows what it means here? It doesn’t mean Lee was an incredible human being, or at least there’s nothing in the context of NBC’s tweet that suggests that. He had an incredibly good beard for that period, at least compared to say, Longstreet, who looked like a member of ZZ Top. He was incredibly conflicted over which side to fight for. He had incredible guts.
Incredibly, though not really, because the mainstream news media has established that there are no depths to which it will not stoop in its unethical bias and incompetence, NBC tweeted that to bolster the long-running false narrative that President Trump is a racist, which he must be to extol Robert E. Lee, the object of a particularly vile historical airbrushing and statue-toppling movement, a part of the Left’s Orwellian indoctrination and mind control effort as it slowly but surely embraces totalitarianism.
But if one actually knows the context of Trumps’ remarks, he was not praising Lee, though there is no reason why he shouldn’t, but making the point that despite Lee’s credentials and reputation, it was unheralded Ulysses Grant, denigrated as a joke when the war started, who defeated Lee. Trump was, as he usually does, talking about himself, and NBC’s tweet was intentionally misleading, and just more pandering to Trump-haters, attempting to further divide the country.
3. Floss! Floss! One of the very first posts on Ethics Alarms was about the ethics of people flossing their teeth in public. Having read this story, about a woman who began giving herself a pedicure during an airplane flight, I hereby officially proclaim that the conclusion in that post applies:
Manners and public etiquette are always evolving, and society determines what it will and will not endure. The passive, “mind your own business” theory always espoused by the least respectful, rudest and least considerate among us is a prescription for an endless deterioration in the quality of public life, and a greased slide into culturally-endorsed bad conduct. Every citizen has an obligation to his and her community to confront conduct that he or she feels does not belong in public, confront the offender, and support others who do so. Doing otherwise is not “minding one’s business,” but endorsing and entrenching bad conduct, abdicating the public duty of cultural preservation.
