Professions

Ethics Quote Of The Month: Professor Jonathan Turley

/ Jack Marshall / 2 Comments

“This is Larry Tribe’s brain on Trump…”

“There is an open frustration among many who want confirmation that we are finally close to a Trump indictment. It is neither satisfying nor entertaining to consistently say that this is far short of any cognizable criminal case. However, the cable news is filled with experts assuring viewers that we are closer than we are. It is like finding a scientist willing to assure viewers that the moon is half its actual distance. It may be an exciting prospect, but it makes any attempt a dangerous pursuit.”

—-George Washington University Law School Professor Jonathan Turley, decisively debunking claims that President Trump was guilty of “witness tampering” when he helped hos son craft a misleading description of his meeting with Russians offering “opposition research.”

When the nauseating history of “the resistance” is written, laying out how Democrats, progressives and the news media abused, harassed, undermined, obstructed and withheld basic respect of his office from this President unlike any before him in hopes of  overturning an election, Professor Turley will stand tall, just as he did during the run-up to the Clinton impeachment, when he was one of the few liberal scholars with the courage to spit on the Democrats’ “everybody does it” and “it’s just sex” defenses. Along with fellow liberal legal scholar Alan Dershowitz, Turley has steadfastly insisted on legal precision and fairness from the various members of his profession, some distinguished indeed, who have rushed to give aid and comport to  anti-Trump zealots by jamming the square pegs of Trump’s conduct into the round holes of criminal statutes.

One of the repeat offenders has been former Harvard law professor Lawrence Tribe.  Tribe quickly announced that what Trump had done by working on his son’s statement was witness tampering.  Tribe previously has opined that Trump and his family was guilty of evidence of obstruction of justice, criminal election violations, Logan Act violations, extortion and possible treason by the president or his family, as well as by May joining Maxine Waters in the indefensible fantasy that Trump could and should be impeached. Tribe also recently tweeted that White House aide Stephen Miller was a “non human,” though that tweet has been taken down by its impulsive author.

Come on, Larry! You can’t do “the resistance” any good by broadcasting your biases like that!

Yes, there is strong evidence that the Trump Hate Virus has eaten away at the once brilliant professor’s prodigious brain, but Turley respectfully treats his latest impeachment fantasy with the respect it might deserve if Tribe were still at its peak:

[A] misleading statement is not a crime in itself — or half of Washington would be serving time. It is spin. It turned out to be remarkably ill-advised and self-defeating spin, but it was a classic effort to emphasize the least damaging part of the story. It was also dumb. The president knew there was a special counsel in the field investigating his role into a possible effort to obstruct the Russian investigation. There were various options in responding to the New York Times story about emails to Trump’s son.

This was the worst of all available options. The president prevented his staff from insulating himself from the story and creating some crush space between him and his controversy. By inserting himself into the controversy, he harmed both his and his son’s legal position. Trump, once again, made the White House the center of gravity for the scandal rather than Trump Tower or the campaign….

However, it still does not make it a crime. Take Tribe’s witness tampering claim. The statutory provision in 18 U.S.C. 1512 addresses an effort to “corruptly persuade another person” to “influence” testimony of that person in the withholding of information. This language has never been extended to a public statement of this kind.

First, there was no existing demand for testimony from Trump Jr. on this meeting. Second, there is no evidence that Trump told his son to lie about the email or the original understanding of the meeting. This was not coaching for testimony but a public defense. Third, even if this were construed to be about testimony, the law contains an express affirmative defense (that needs only be proven by a preponderance of the evidence) that “the conduct consisted solely of lawful conduct” and that the defendant intended to encourage truthful testimony. The Trumps have emphasized what the meeting primarily addressed while downplaying what it was intended to address. They did not address the original purpose in the statement.

Turley goes on to note the pernicious double standards being employed by Tribe and others corrupted by their “resistance” fervor.”

“The Clintons were famous for such spins. Indeed, with knowledge of an ongoing investigation in the field, Clinton repeatedly changed her account of the use of a personal server to transmit sensitive and classified information. It went from an assertion that no classified material was sent (which is untrue) to a statement that she never “received nor sent any material that was marked classified” (which is also untrue).”

Of course, Tribe never raised a peep about Hillary’s conduct on Twitter or anywhere else. Continue reading →

Follow-Up! Defending Prof. Kevin Allred’s Right To Make An Ass Of Himself On Social Media

/ Jack Marshall / 13 Comments

When we last visited Montclair State University Women’s Studies Professor Kevin Allred, he was about to be sacked at Rutgers for  tweeting

“Will the 2nd amendment be as cool when i buy a gun and start shooting at random white people or no…?”

In that case, I agreed that the university had little choice but to remove Allred from the campus, noting that Allred,  as an employee, an adult (theoretically) and an instructor, should have known better than to broadcast his provocative musings in 140 characters or less to the world at large, rather than confining them to class. He should also have  known that campus shootings aren’t a joking matter after the Virginia Tech attack. If he had the sense to write “someone” rather than “I,”  avoided “when” to make it clear this was a hypothetical, the situation would probably have not arisen. Then, I wrote,

  “…Rutgers would only be risking outraged parents demanding to know why a prestigious school thinks it’s responsible to have their students going into debt to pay for courses like the one Allred teaches.”

After he had to leave Rutgers, Montclair State hired him to teach the same course on “the music and career of Beyoncé Giselle Knowles Carter.”

I know, I know.

Now Allred is in hot water again, this time for tweeting,

“Trump is a fucking joke. This is all a sham. I wish someone would just shoot him outright.” 

He then retweeted the image of Kathy Griffin holding a model of the  President’s severed head. Continue reading →

Morning Ethics Warm-Up: 8/1/17

/ Jack Marshall / 49 Comments

 

Good Morning, World!

1. Follow-Up on the 7/28 morning post: Sometimes a popular public figure’s words and conduct so obviously show a deficit of character that I wonder if those who admire him or her are not paying attention, or are creeps themselves. “Harry Potter” author J.K. Rowling is officially in this category. First, I do not care for foreigners who obsessively bash our leaders, however bashable. They don’t have standing, in most cases, and their opinions are by definition uninformed if they don’t live here. Most obnoxious of all, however, in Rowling’s case, was her indefensible conduct regarding her recent infamous fake news tweet that circulated to her mob of followers a deceptively edited video showing President Trump cruelly ignoring a boy in a wheelchair, when he in fact stopped, crouched, and spoke to the child. She did this (“When someone shows you who they are, believe them.’ – Maya Angelou” was the snotty accompanying comment) on July 28, and the same day it was widely debunked, with the actual video being circulated on the web. No response came from Rowling, even as her tweet and libel continued to be liked and retweeted by “the resistance.”

On July 30, even CNN’s Brian Stelter, with extra time on his hands because his alleged news media ethics show avoids criticizing bias in the news media, flagged the bad tweet, and asked why Rowling hadn’t retracted it. Come on, Brian, you know why! It is for the same reason CNN continues to use unethical journalism to attack the President: they don’t believe he’s worthy of fairness or honesty.

Finally,  after various conservatives dredged up this year-old tweet from Rowling to show her hypocrisy and shame her with her own chosen words…

…and after left-wing, fellow Brit Trump-basher Piers Morgan expressed frustration with her, and after PunditFact, a spin-off of PolitiFact, rated Rowling’s claim “Pants on Fire,” and after the boy’s mother herself denied that Rowling’s version occurred, the author finally retracted the tweet and took it down. She also tweeted this unethical apology:

Re: my tweets about the small boy in a wheelchair whose proferred hand the president appeared to ignore in press footage, multiple sources have informed me that that was not a full or accurate representation of their interaction. I very clearly projected my own sensitivities around the issue of disabled people being overlooked or ignored onto the images I saw and if that caused any distress to that boy or his family, I apologise unreservedly. These tweets will remain, but I will delete the previous ones on the subject.

This is a miserable apology, containing the stinking tell of the non-apology apology, “if anyone was offended” in this case the equivalent “if that caused any distress.”  The two people she non-apologizes to had no reason to be “distressed,’ since the tweet wasn’t an attack on them. This is not an apology at all, since it does not apologize ..

…to the person fraudulently attacked, President Trump, as well as his family and supporters

…to those deceived by her retweeted lie, and

…to the people who trusted her and became accessories in the false attack

…for taking four days to take down a lie that had been thoroughly exposes as one.

On the Ethics Alarms Apology Scale, it is a bottom of the barrel #10:

An insincere and dishonest apology designed to allow the wrongdoer to escape accountability cheaply, and to deceive his or her victims into forgiveness and trust, so they are vulnerable to future wrongdoing.

This rot is actually worse than a #10, as Rowling dares to ladle soppy virtue-signalling onto it. She only falsely attacked the President of the United States and spread a lie around the world because she is so, so sensitive and concerned about the treatment of handicapped people! Don’t you understand? It’s because she’s so compassionate and good that this happened!

It is my experience that good people can usually manage a sincere and remorseful apology to those harmed by their words or conduct.

2. This unethical lawsuit could sustain a stand-alone post, but I refuse to devote one to it as a matter of principle. Continue reading →

Political Correctness, Race-baiting Social Justice Warrior Bullies And A Gutless Star Collaborate To Kill A Hit Musical

/ Jack Marshall / 20 Comments

…and the show’s creator is fine with this. After all, it’s for a good cause, the good cause apparently being the elevation of race grievance politics above art, commerce, fairness and common sense.

Bear with me now, as you strain to comprehend this apotheosis of progressive cant gone stark, raving mad:

Josh Groban (a talented performer who is white)…

 

leads “Natasha, Pierre & The Great Comet of 1812,” to 12 Tony nominations. He is replaced by the talented “Hamilton” alum Okieriete “Oak” Onaodowan (who is black),

but the show’s box office drops like a stone once Groban leaves the  cast. Thus Oak is scheduled to leave the cast in August. Mandy Patinkin (who is a Tony award winner, a musical theater icon, a bigger star than either Groban or Onaodowan, and who is, incidentally, white)

…was hired to replace him. Ticket sales rebound at the news. But crazed, social justice warrior race-baiting bullies on social media attack Mandy for “taking away the job of a black actor.” Continue reading →

Morning Ethics Warm-Up: 7/28/17

/ Jack Marshall / 120 Comments

Good Morning!

Thanks for dropping by.

1. Does anyone else wonder how John McCain would have voted last night if President Trump hadn’t gratuitously insulted his military service and suffering as a prisoner of war? I do. I know how much veterans care about their service and sacrifice on behalf of their country, and how deeply a public insult like Trump’s must have hurt. McCain has been seething all of this time. Maybe last night was a vote based on principle; probably McCain thinks it is. There is no doubt, however, that he hates Trump’s guts intensely, and that kind of bias is almost impossible to banish entirely. He is also probably more than a little angry that his colleagues and his party allowed someone who would treat him that way to be the nominee.

The astounding foolishness of Trump’s initial insult to McCain was framed as an insult to veterans, but the fee for his gratuitous nastiness was always going to come due in a setting like last night. Human nature can’t be taken out of politics; in fact, politics relies on human nature. These people aren’t automatons. It would be ethical to put grudges aside, but nobody should count on it.

The President reportedly called McCain to argue for a “yes” vote. I wonder if the Senator said, Scaramucci style, “Mr. President, this unheroic prisoner of war says, with all due respect, ‘Go fuck yourself.'”

I also wonder if Trump learned anything.

Nah. Continue reading →

Law vs. Ethics In Baseball: The Great On-Deck Circle Controversy!

/ Jack Marshall / 37 Comments

What’s going on here?

During last night’s Texas Rangers, in a crucial moment with the bases loaded, Rangers third baseman Adrian Beltre, waiting for his turn at bat,  suddenly turned up within a few of yards of home plate, watching a pitcher he wasn’t familiar with to give Beltre an edge when he got to the plate. Baseball’s rules, however, require that the next batter remains in the on-deck circle provided, which is closer to the dugout and not behind home plate. Reasons for this include making sure that on-deck batters don’t interfere with play, can’t relay stolen signs to the batter, and aren’t killed by foul balls.

The home plate umpire called time and told Beltre to get back in the on-deck circle. Beltre then moved the on-deck circle to where he had been standing.

The umpire threw him out of the game, and rightfully so. Continue reading →

The Ohio State Fair Accident: Thanks, TV News, But I’LL Decide What I Should See

/ Jack Marshall / 42 Comments

From ABC News:

Eighteen-year-old Tyler Jarrell, of Columbus, Ohio, was killed Wednesday evening when the Fire Ball ride he was on at the Ohio State Fair broke apart in mid-air, the Ohio State Highway Patrol said. Seven people were also injured in the incident…The victims were transported to local hospitals and at least three are in critical condition.

On all the news channels I saw, including CNN, HLN, ABC, Fox and CBS, video taken by an onlooker was frozen at the moment the ride broke apart. As HLN’s  cheery Robin Meade put it, “We’re not going to show the rest of the video, because it’s graphic and disturbing.”

Wait, Robin: YOU saw it. The producers saw it. Why don’t I get to see it?

I posted the unedited video above. It’s not any more graphic than this…

 

…and people paid to see that scene. But never mind, the silly hyper-protectiveness isn’t the ethics issue.

The ethics issue is that this is how journalists convince themselves  that they can withhold information, or distort it, change it or spin it for our own good. No, I don’t grant them that privilege, or the role. The job of the news media is to let us know what happened, as thoroughly as they know it. Today it’s some people flying off of a malfunctioning fair ride, yesterday it’s that a President of the U.S. might have raped someone. Tomorrow it might be, oh, I don’t know, this story, which had barely nicked the news networks as of yesterday.

I don’t trust these people to decide what it’s healthy for me to watch. If they want to give warnings, fine. I want the news, the whole news, and nothing but the news. Continue reading →

The Strange World Of Magic Ethics

/ Jack Marshall / 12 Comments

A recent controversy surrounding a hit magic show on Broadway has resurfaced an ethics tangent I was aware of but had forgotten about: magician ethics.

Magician Derek DelGaudio accused another magician of surreptitiously recording a video of an effect during a performance last month of his one-man show, “In & Of Itself.” The rival magician denied the allegation—it’s complicated, and you should read the whole tale here-–but the basic problem arises from the nature of magic tricks. They can’t be patented, because the patent would reveal how the magic trick was done in a publicly available source. This means, however, that a magician whose unique illusion he or she labored on and developed at great expenditure of time and expense can be stolen by another magician with the illusion’s creator having no legal recourse.

For a field that is all about fooling and deceiving people (who have consented to being deceived), magic has old and well-developed ethical traditions. Houdini, who took his name from a french magician named Robert Houdin, later exposed his role model as an unethical magician whose most famous illusions were stolen from other conjurers without payment or credit. Still, if a magician can figure out how another magician’s trick is performed by simply watching it, nothing legally or ethically dictates that that magician can’t perform the illusion as well. However, since magic is practiced by people who deceive for a living, it should come as no surprise that unethical practices are rampant. Continue reading →

Unethical Quote Of The Week: San Diego State University Political Science Professor Jonathan Graubart

/ Jack Marshall / 33 Comments

I find myself annoyed at the groundswell of good wishes for John McCain after his diagnosis of glioblastoma…McCain is a war criminal and, more to the point. someone who as a politician has championed horrifying actions and been lousy on state commitment to public health…But ultimately what troubles me is the urge to send such well wishes to an utter stranger as it reinforces the notion that some lives are more important than others. There are lots of people with glioblastoma and who have died from it (including my mother twenty years ago)….

—San Diego State University Political Science Professor Jonathan Graubart on Facebook, prompting some calls for him to be fired, and others on campus to second his opinion.

Is this an Ethics Quote or an Unethical Quote? I could call it  an Ethics Quote because it raises many ethical issues, and mere statements of opinions, even stupid and vicious ones, are not usually unethical in themselves. This quote strongly suggests that the speaker is unethical in  than one respect; it is also, at very least, irresponsible in its context, which is that he is a teacher, and represents the institution.

Jonathan Turley flagged this episode, as he reliably does any time a professor comes under fire for controversial speech. As always, he supports his fellow academic:

“Graubart’s comments are hurtful and hateful. It is a reflection of the incivility that has taken hold of our social and political dialogue. It is always sad to see a fellow academic rush to the bottom of our national discourse. However, we have free speech and academic freedom to protect unpopular, not popular, speech. Popular speech does not need protection. Graubart is expressing his deep political and social viewpoint on social media. He should be able to do that just as his critics have a right to denounce his views.”

San Diego State University is a government institution, and thus subject to the First Amendment, in addition to the principles of academic freedom. However, even a state institution  has a right to protect itself from harm. This isn’t just political speech; it is bona fide asshole speech, signaling that the speaker is not a trustworthy teacher, and that any school that would have someone this intolerant, doctrinaire, vile and contemptuous of kindness and compassion educating, aka indoctrinating students isn’t trustworthy either. Universities, public or not, should be able to insist on a minimal level of professionalism from faculty in their public behavior and pronouncements so the institution isn’t permanently discredited, embarrassed, and harmed.

Here is Graubart’s whole Facebook rant: Continue reading →

Morning Ethics Warm-Up: 7/23/17

/ Jack Marshall / 84 Comments

Good Morning!

1. Not a single comment on yesterday’s sole warm-up topic, the propriety of complimenting someone’s physical appearance or features? That’s fascinating.

2. I had to wrestle my fingers to the ground yesterday to avoid writing a full post on this editorial by the New York Times editors. I know everyone is sick of Ethics Alarms pointing out the relentless, unprofessional anti-Trump bias in the news media, because I’m sick of  writing about it. This may have been a new low, however. In the wake of Sean Spicer’s resignation as White House press secretary, the Times unleashed the equivalent of a mean playground taunt.  To read it, one would never guess that the Times had ever experienced any other press secretaries, especially President Obama’s trio of Robert Gibbs, Jay Carney and Josh Earnest , who were uniformly dishonest with disgraceful regularity. Spicer was a “four Pinocchio” spokesman? The standrad term her for Obama’s press lackies was “paid liars,” and the description was fair. Yet the Times didn’t greet the news of any of their withdrawals for the post with “Nyah nyah nyah you suck!” editorials, because the New York Times accepted that President’s lies and deceptions as designed for the greater good.

Of course, it was exactly this unethical journalistic bias that caused Spicer to adopt the attitude that most prompted the Times to attack him personally on his way out the door. He believed that journalists who don’t behave like journalists need not he respected as journalists, and he was absolutely correct in this. Indeed, no newspaper that isn’t able to discern that an editorial like the one yesterday regrading Spicer makes it look like a partisan hackery shop should be respected at all. Spicer was a really bad spokesman—inarticulate, inept, dishonest and not very bright. Nonetheless, he was trying to do a difficult job, did his best, and was no more nor less awful at it than all but a few Presidential press secretaries over the last half century or so. Only Spicer, however, was deemed deserving of such insults at the end, not even Ron Ziegler, Nixon’s complicit press secretary who looked and sounded like a half-successful laboratory clone of his boss. That is because the Times’ editorial was personal, based on emotion and anger, and an ethics alarms void.

3. This story from Canada reads like it was designed to illustrate the folly of giving government more power over our lives rather than less. Continue reading →