Saturday Ethics Diversions, 3/6/21…And Remember The Alamo!

Alamo morning

On this March date in 1836, after a 13 day siege, the Battle of the Alamo ended when a pre-dawn attack by the much larger Mexican force slaughtered the 200 (or more) Texan defenders, creating many legends—the line in the sand, Jim Bowie’s desperate fight from his sickbed, Davy Crockett battling on as the Mexicans poured over the walls of the fort— and an iconic symbol of American bravery, sacrifice, and resistance of tyranny. The final minutes of the defenders were spent in desperate hand-to-hand combat with knives, swords and clubs.

Thirteen days earlier, on February 23, Mexican General Antonio Lopez de Santa Anna ordered a siege of the Alamo Mission, near present-day San Antonio. It was occupied by rebel Texas forces. They spent the next two week ducking shells during the night and repairing the fort during the day. On the night of the 5th, however, there was no shelling. The exhausted men of the Alamo finally had a chance to sleep, and the Mexicans were almost inside the walls before they awakened. The bloody battle was over in less than 30 minutes. Several Texans reportedly surrendered, but Santa Anna ordered all prisoners executed, as he had promised when William Barrett Travis refused to surrender at the outset of the seige. Historians estimate that the battle cost Santa Anna between 400 and 600 soldiers, a high price for a fort with little strategic value. On April 21, 1836, Texas and Mexico fought again at the Battle of San Jacinto. This time it was the Mexicans who were surprised, and the rout won independence from Mexico and brought the Texas Revolution to an end.

I’ll be watching the 1960 John Wayne movie tonight. It is historically inaccurate in almost every way, but if there was ever an event in our history when the legend was more important than the reality, it is the battle of the Alamo.

1. It’s great to see that the news media and others have adopted a more fair and forgiving sta… Oh. Oh, right. “It’s amazing. Indian-descent Americans are taking over the country: you, my vice president, my speechwriter,” President Biden told Swati Mohan, NASA’s guidance and controls operations lead for the Mars Perseverance rover landing. Imagine the reaction from Democrats and pundits had the previous President said that. It would have been a story for weeks. The episode would have been cited any time one of the Trump Deranged was asked to defend the hardy Big Lie that Trump was a racist. Now that Joe Biden is President, the office is back to having the benefit of a presumption of good will, which is necessary for any President to do his job. About the only people mentioning Joe’s latest—read his quote with Jews or “blacks” in place of “Indian-descent Americans”—are bitter conservative pundits, and people like me, who foolishly believe that the same standards should be applied regardless of race, creed, gender or political affiliation.

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Ethics Dunce: Plastic Surgeon Dr. Costanza, I Mean Scott Green

Dr. Scott Green, a plastic surgeon, tried to appear before a judge during a remote video-conferenced traffic trial last week from his operating room, while he was working on a patient. This was not a reality show stunt: Green really attempted to do this. Saved time, you know. Busy, busy, busy. Sacramento Superior Court Commissioner Gary Link, presiding over a virtual courtroom at the Carol Miller Justice Center, couldn’t believe what he was seeing: a defendant in surgical scrubs, with his patient just out of view.

“Hello, Mr. Green? Are you available for trial?” asked a courtroom clerk. “It kind of looks like you’re in an operating room right now?” “I am, sir,” Green replied. “Yes, I’m in an operating room right now. I’m available for trial. Go right ahead.” The doctor had his head down, talking as he replaced a nose, pumped up some breasts, or something. Link was dumbstruck.

“So unless I’m mistaken, I’m seeing a defendant that’s in the middle of an operating room appearing to be actively engaged in providing services to a patient. Is that correct, Mr. Green? Or should I say Dr. Green?” Link asked. The video is on YouTube, and one can hear the sounds of medical devices at work, pumping and beeping.

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Ethics Warm-Up, 2/20/2021, Because Everyone Needs To Warm Up: CNN And An Unethical Historian Smear Nikki Haley, Who Had Already Kneecapped Herself

suspended-animation

Well, I went ahead and gently set the trap by asking my deranged Facebook friends if they knew that the narrative that Capitol police officer Brian Sicknick had not been killed by beating by the January 6 rioters, had not been “hit with a fire extinguisher,” and had not “died of his wounds” in the riot as reported by the news media long after that story had been debunked, and used as evidence of the “deadly insurrection” by Democrats during the impeachment trial. The response, from a really smart audience including many lawyers, was disappointing if not unexpected. So far, all of the responses tried to avoid the issue. “Are you saying that his stroke (the current cause of death theory) was not brought on by the riot?” No, and since nobody knows what brought on the stroke, one can’t say, and shouldn’t write as news, that it was. I asked about the “killed by the mob” and “died in the line of duty” story. “The park police website says he was killed in the riot!” That’s a novel approach: using an already false report in a biased source to insist that the false report must be true. “But..but…but…but,” “humina humina humina”…”well, what about…”…they just couldn’t admit it. It was a deliberately used false narrative, first without verification and then after the story was proven false, for the purpose of hyping the riot and inflaming public opinion against the President. Nothing about being a Democrat, progressive or a Trump-hater should prevent someone from acknowledging that. Yet they just couldn’t do it. Even the lawyers. Heck, especially the lawyers!

1. No zombie lawyers allowed in Florida. If you think trying to convict Trump after he was no longer President was bad, how about this: Sabrina Starr Spradley, a 41-year-old attorney in private practice in Delray Beach, Florida, was disbarred in December, 2020 though an official death certificate from the Florida Department of Health stated that she died in October of 2019. Nobody told the bar association or the Florida courts.

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A Line That Will Echo Through The Annals Of Legal Ethics And Technological Incompetence: “I’m Not A Cat”

Lawyer cat

I apologize for missing this wonderful story from last week.

In a civil forfeiture case hearing held via Zoom in Texas’ 394th Judicial District Court, Rod Ponton, a county attorney in Presidio County, Texas, couldn’t figure out how to turn off a filter he had somehow turned on. That filter made him appear to be a talking kitten.

“Mr. Ponton, I believe you have a filter turned on in the video settings,” Judge Roy Ferguson, presiding over the case, says with admirable restraint. “Augggh,” says. Ponton. “Can you hear me, Judge? I don’t know how to remove it. I’ve got my assistant here and she’s trying to.”

Then he adds, “I’m prepared to go forward with it. I’m here live” and “I’m not a cat.” “I can see that, ”Judge Ferguson replies.

Here’s the video:

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Sunday Ethics Reinforcements, 2/7/21: The “Don’t Watch The Concussion Bowl” Edition

Brain Damage football

Ethics Alarms has been chronicling the mounting evidence that pro football condemns a large percentage of its players to future dementia and premature death for a long time, often in conjunction with what a Georgetown professor friend calls “The Concussion Bowl.” Many of those posts are here, under the CTE tag. Incredibly, the NFL has done little to stop the carnage, perhaps because seriously addressing the inherent damage to brains caused by a necessarily violent sport would end football as we know it, and that would cost owners, TV networks, colleges and merchandisers billions. Can’t have that.

Equally amazing, the public and the news media have allowed the NFL to get away with distracting from its unethical priorities with the flagrant and cynical virtue-signalling of pandering to Black Lives Matter. I’m pretty sure that when it is all tallied, the NFL will have killed more innocent black men by far than all the brutal police officers over the same period. But most people just don’t care. If they cared one hundredth as much about athletes getting permanent brain damage for their Sunday (Monday, Thursday) TV viewing as they do about a single ugly incident where an overdosing lifetime petty crook died under the knee of a Minneapolis cop, there would be action. Not riots and take-overs of public property, but serious, effective action, including safety regulations.. Football would have to change, evolve, or vanish. The public and the media (and government officials) don’t care, and neither do the NFL executives. If Colin Kaepernick had performed his on-field protests against CTE, he would have been suspended and eliminated from the sport faster than Deion Sanders running for the goal line.

Talk about conspiracies….

1. False Narrative Dept. Now dishonest anti-Trump propaganda is showing up on Turner Classic Movies, which has been generally exemplary in avoiding partisan pandering over the last four years. Today, Eddie Muller, TCM’s film noir maven, pointedly showed the 1950 move “The Killer Who Slaked New York,” about a potential smallpox outbreak that was shut down by New York City health officials in 1947. Ultimately only 12 people were infected, and the threat was a single contagious smallpox victim who had to be found and contained. As you can see, this is a perfect analogy for the Wuhan virus outbreak in 2020. Noting that New York City quickly launched a mass vaccination effort (because there was already a smallpox vaccine, another close parallel), Eddie raised an accusing eyebrow and said,voice dripping with contempt, “That’s how we did things then.”

It’s Eddie’s show. I don’t think he should be fired or suspended. He’s welcome to his ignorant and obnoxious opinion. But he’s part of a disinformation campaign and an effort to distort reality, He’s also annoying TCM’s generally mature audience members who have been paying attention, and who presumably watch old movies to get a break from political BS, not to be subjected to more of it by movie nerds driving out of their lane.

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Update: The SECOND Trump Impeachment Ethics Train Wreck

trainwreck

When we last looked in on the destructive, divisive, unconstitutional and unethical fiasco known here as the Trump Impeachment Ethics Train Wreck II, Senator Rand Paul had delivered an excoriating speech about the unconstitutional nature of it all, every Democratic Senator had voted to continue with a trial that is, as Paul stated, unconstitutional on its face, Democrats openly discussed passing a Bill of Attainder (which is what any action barring a single private citizen, Donald Trump, from running for office would be), the Chief Justice refused to sully his name by any involvement with such an embarrassment, and President Biden, while vowing out of one side of his mouth to be a unifying presence, lifted nary a finger to stop his party from engaging in a trial that was based on hate, vengeance, and the craven need to satisfy the worst of its supporters. Meanwhile, the mainstream news media refuses to inform the American public why the whole thing is bad partisan political theater and little else.

Now we have the following fun developments:

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Morning Ethics Warm-Up, 1/30/2021: Oh, The Usual…Race-Baiting, The Pandemic, Betrayals, Journalism

SCOTUS Morning

Late reflections on this morning’s first post:

  • The story of how the only official to be referred for criminal prosecution as a result of the illegal Justice Department machinations to cripple the Trump administration was reported on page A20 of the New York Times front page this morning. Thirty stories were considered more important for Times readers to know about, including the discovery of  200-year-old fort built by indigenous Alaskans.
  • From the Times report: “The Justice Department has said it no longer believes the full range of evidence available to it by the final two extensions met legal standards to invade Mr. Page’s privacy.” This is deceptive: the purpose of the FISA warrant was to surveil the Trump campaign. meaning that the surveillance was illegal. Page was a means to an end, and the end being sought was redolent of the Nixon dirty tricks that spawned Watergate. The Times is burying the significance of what Clinesmith did. Similarly, the headline “Ex-F.B.I. Lawyer Who Altered Email in Russia Case Is Sentenced to Probation” is deliberately deceptive. The objective of the “collusion” claims were to sink the Trump Presidency, not to punish Russia.
  • A single day’s riot that breached the Capitol and had no tangible effects of the government at all is being routinely labelled an “insurrection,” while a two year effort to cripple a Presidential administration using false evidence and involving the Justice Department, the FBI and news media  is reported as an inconsequential legal matter.

1. Finding systemic racism where it wasn’t. Cicely Tyson died at the age of 96. Like Charlton Heston, the African-American actress became an icon by playing iconic roles. She had by any standards an acting career an actress should be proud of, and most performers would envy: she appeared in 29 films; at least 68 television series, mini-series and single episodes; and 15 productions on and off Broadway.  She  was honored with an Oscar, three Emmys, many Emmy nominations, a Screen Actors Guild Award and a Tony, and accomplished it all while being a non-beautiful woman in a profession that values beauty above all, mostly limiting her to character and historical roles.

Yet Times critic Wesley Morris, an African-American who  has a narrative to advance, writes in an appreciation, “Let’s face it: the great parts were always headed to someone whiter anyway… Consider the parts she could have played if the movies were fairer.” This is approximately equivalent to saying, “Imagine the parts Mickey Rooney could have played if the movies were fairer.” Tyson was unique and talented, and the movies were sufficiently fair for her to play major roles in major projects throughout a long career. There are undoubtedly African American actresses who consider it unfair that when a black female character was being cast in a hsitorical film, Tyson was ha the right of first refusal.

Might she have been cast in “The Jagged Edge” in place of Glenn Close? Sure—so could Faye Dunaway. Or Ellen Burstyn. The difference is that those actresses can’t use racism as the reason they weren’t cast.

In addition to her stellar career and reputation, Tyson died with an estate worth at least 10 million dollars. Hollywood has been racially biased for decades, but Cicely Tyson shouldn’t be cited as a victim. Like so many of the individuals she played, she rose above racism by strength of character and ability. Continue reading →

End Of Day Ethics Sighs 1/21/2021: Here’s Kamala! Here’s Batwoman! Here’s Your Newsmedia! And “Heeeere’s Johnny!”

sigh

A very good friend who is married to another very good friend posted yesterday that Kamala Harris’s swearing in as Vice-President moved him to tears, and the Facebook post instantly harvested about a hundred “likes” and “loves.” As God is my witness, as Scarlett used to say, I had to fight to restrain my self from writing on his page (since there is no “What the FUCK is the matter with you?” icon to click on), “Why, because she’s a woman with no qualifications to be President or Vice-President? Because she’s the first Indian-Jamaican VP, and you’ve always wanted one of those? Because she’s just the right skin-shade to pretend to be an African-American, when she’s not? Does it choke you up because she slept her way to political power, then locked up a lot of black men for drug crimes, then accused the U.S. of being racist because of “over-incarceration”? Or does any Democrat, even phonies and rank incompetents, getting power make you feel all misty inside and out? Really, I’m curious.”

Well, he’s a nice, good-hearted guy who has the political sophistication of a cheese, so I just shut up. However, his reaction is just incomprehensible to me.

1. Oh, look, now there’s black Batwoman. Yay. Isn’t this a little cliched and formulaic by now? Will every fictional character eventually have to be made black or have his or her race switched, and every male character get virtual transexual transitioning, to satisfy the Woke and Wonderful? Mikey (who liked Life cereal), is now a girl. Jake from State Farm is now black. Perry Mason’s Paul Drake in the new reboot is black. Inspection Lestrade, Sherlock Holmes’ ally, is black on the Netflix Holmes spin-off. (Watson became female in the TV show “Elementary.” And Asian!) A really bad movie made Ralph Kramden from “The Honeymooners” black; Norton too. On Broadway, when there was a Broadway, Alexander Hamilton and Aaron Burr were black, and they aren’t even fictional. Of course.The whole Ghostbusters team was turned female for the reboot (but still had only one black member). There is much, much more. Isn’t this lazy? Isn’t this boring? Don’t women, blacks and other minorities want to have their own popular and iconic characters rather than just taking over white or male ones? Why isn’t such fake “diversity” an insult? Aren’t hand-me-down characters like hand-me-down clothes?

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Tales Of The Great Stupid: Wow…Who Could Have Seen THIS Coming?

Children are being bombarded by media and social media propaganda asserting that a vast number of people are trapped in bodies having the “wrong” sex organs, and celebrating the “T’s in the LGBTQ+ interest-group-of-convenience as the cool new martyrs. Thus an increasing number of these children convince their woke and irresponsible parents, and doctors who would rather be politically correct than “do no harm,” to divert their fates from the natural biological path to something else, because everybody is doing it, or everybody is saying it’s the right thing to do. It shouldn’t take much to figure out this is a terrible trend based on terrible reasoning, but there are so many such trends and ideas flourishing now that it’s hard to bat them all away.

And so we have the case of 23-year-old Keira Bell in Great Britain, who is suing a National Health Service gender clinic that she says should have challenged her decision to transition to male as a teenager. A tomboy as a child, Keira says her determination to switch gender gradually built up as she found out more about transitioning online, and “one step led to another.”

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Last Gasp Ethics, New Year’s Eve 2020

Happy New Year, Everybody!

1. A late entry in the “Most Unethical Lawyer of 2020” competition! McGinnis E. Hatfield was stripped of his license to practice law by the West Virginia Supreme Court. What did he do? Well, this section of a transcript of his conversation with a female client explains things pretty well:

Female: “I thought like when we first started out, I was just going to pay you. I didn’t know that you wanted sex out of the whole thing.”

Hatfield: “Well, I’d have to charge you like $1,500 bucks. You don’t have $1,500, do you?”

Female: “No.”

Hatfield “So come on out here. Just come. What time do you want to come?… [I]t’s just not going to work unless you do what I say.”

Female: “What do you want me to do?”

Hatfield: “… “Well, I want you to let me eat your pussy, and then I want you to let – I want you to suck my dick, and then, you know, I just have to – I’m as straightforward as I can be. And if you don’t want to do that, then fine. I don’t have any- I like you. And if you don’t want to do that, then we’ll just have to call it off.”

Female: “Is that not – all right. That’s fine. Whatever.”

Hatfield: “Is that okay?”

Female: “I mean no, not really because I’m not a whore.”

Hatfield: ” … And like I said, if you won’t want to do that, then that’s fine by me. I wish you luck. And if you don’t want to do that, then I’m not going to try to represent you. So that’s a benefit for you. And I’ll give you some money, too[.]”… You know, I’m shooting straight with you. I told you from the beginning that sex was important to me. I want some now. Nobody’s tried to trick you. And it would be safe, too. But anyway, if you don’t want to do it, that’s fine by me, honey, but you’ll have to get somebody to help you with your divorce, too.”

Female: “Okay, That’s fine.

Of course, it’s not fine. Lawyers are prohibited from having sex with clients in most jurisdictions. Lawyers cannot encourage individuals, including clients, to commit a crime. Mr. Hatfield compounded his problems when he flunked the easiest part of a disciplinary inquiry, telling the judge who asked Hatfield whether in retrospect, he found his behavior inappropriate or unethical,

“I think my conduct in this whole situation is human. And that’s the only defense I’m offering. Lord knows, we all need that. So that’s as far as I’ll go with that.”

The judge tried again, asking, “Are you remorseful?” Hatfield replied, “No. I have no remorse. I feel like I’ve been victimized.”

What an idiot.

It put me in mind of the Steven Wright line, “How did the fool and his money get together in the first place?”

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