Morning Ethics Warm-Up, 11/28/2017: The Worst Defense Of Roy Moore Ever!

Good Morning!

1 The Dumbest Moore Defense Ever Told! Debating with Chris Cuomo on CNN yesterday morning, Breitbart senior editor Joel Pollak made the following argument in defense of  Alabama GOP Senate candidate Roy Moore:

“You know, in 1973 Ringo Starr hit number one on the Billboard charts with the song, ‘You’re 16, you’re beautiful, and you’re mine,. He was 30-something at the time singing about a 16-year-old — you want to take away Ringo Starr’s achievement?”

He really did.

2. Sally Yates and James Comey are happy, anyway. Leandra English, the deputy director of the Consumer Financial Protection Bureau, argues that the Dodd-Frank Act makes her the lawful the acting director of the agency in a lawsuit she has filed  against President Trump, who also has the law on his side. He appointed Mick Mulvaney, currently Trump’s director of the Office of Management and Budget, as acting director to replace Richard Cordray, who appears to have resigned explicitly to foil the President’s ability to appoint his own choice to head the CFBP. Now there is mess triggered by a rare, genuine example of two statutes with authority over the same situation.

The Justice Department’s Office of Legal Counsel issued a legal opinion that says the Dodd-Frank Act does not displace the President’s authority to appoint under the Vacancies Reform Act. Either statute can be invoked. “We cannot view either statute as more mandatory than the other,” the opinion says. “Rather, they should be construed in parallel.”

Of course, employees of the Executive Branch are ethically obligated to defer to the President of the United States, but this President is handicapped by a thick muck of arrogant holdovers from the Obama Administration, who think it is appropriate to sabotage and undermine a leader whom they do not approve of. This is indefensible.

The lack of the basic deference and respect all elected Presidents should be able to depend upon that so many of the previous administration’s personnel have displayed is an indictment of the Democratic Party’s principles, integrity, fairness, patriotism and respect for process. This is how this story should be reported, too, and would be, by a competent and ethical news media. Continue reading

Unethical Political Cartoon Of The Month: Barry Deutsch

 

To be fair, the Justice wasn’t much of a cartoonist…

In today’s warm-up, I briefly discussed the acquittal earlier this moth of NYPD officer Wayne Isaacs in the shooting an unarmed black motorist.  It was a weird case. Isaacs was off duty, and prompted a driver to apparent road rage by cutting him off in traffic. The motorist, according to Isaacs, walked up to his car and  struck him, and fearing that his assailant was armed, the officer drew his pistol and fired.

I don’t know if it was a coincidence or by design, but on the day of the acquittal progressive cartoonist Barry Deutsch, who once did battle (and well) at Ethics Alarms, posted this cartoon at his blog:

In the same post, he also called the late Justice Rehnquist a racist, which he was not, and made the demonstrably false statement that most police shootings involve blacks, but never mind that.

You have to really detest police and the principle of guilt beyond a reasonable doubt to regard such a cartoon as fair or enlightening. (Ethics Alarms is on record as declaring political cartoons an inherently unethical form of punditry.) No cop has been acquitted of shooting an unarmed  9-year-old kid in self-defense, and the cartoon is factually wrong that such a claim by a police officer would get him acquitted. Moreover, the case Barry is apparently referring to, Graham v. Connor, does not involve a shooting, and Rehnquist’s opinion for the majority doesn’t say what the cartoon says it does. In addition, the opinion in the case primarily relied upon by the majority in Graham, Tennessee v. Garner,  wasn’t written by the Rehnquist, but by Justice Byron White. It also specifically involved police shooting at fleeing suspects.

Thus the cartoonist a) doesn’t know what he’s talking about b) misleads his readers ( the blog is an echo chamber if there ever was one), and c) smears Justice Rehnquist. Continue reading

Morning Ethics Warm-Up, 11/27/2017: Gibberish From Congress, Race-Blindness in the UK, Cruel Law Enforcement In Atlanta, And More

Mornin’!

1 “Rarrit!!” You will seldom see or hear as excellent an example of Authentic Frontier Gibberish than this word salad belched out by the leader of House Democrats on “Meet the Press” yesterday. Nancy Pelosi attracted so much negative attention with her “Rep. Conyers is too much of an icon to hold accountable” blather that this masterpiece was relatively ignored. Pelosi was asked by Chuck Todd whether she would support releasing to the public the full information behind heretofore secret settlements of sexual harassment accusations against Congressmen, even indispensable, virtuous icons like John Conyers. She said…

“Well, here’s the thing. It’s really important. Because there is a question as to whether the Ethics Committee can get testimony if you have signed a nondisclosure agreement. We’re saying we think the Ethics Committee can, but if you don’t agree, we’ll pass a law that says the Ethics Committee can, a resolution in Congress that the Ethics Committee can…. But there’s no– I don’t want anybody thinking there’s any challenge here to our changing the law and see how people– when we know more about the individual cases. Well, because you know what our biggest strength is? Due process that protects the rights of the victim, so that, whatever the outcome is, everybody knows that there was due process….”

http://www.youtube.com/watch?v=0_2Npp-euLU

If Chuck Todd wasn’t a partisan hack, he would have recognized his journalistic obligation to say, “That made no sense at all, Congresswoman. Please try again.”

Public pressure is increasing to force Congress to release the names of the members of Congress who paid taxpayer funds to settle with their accusers. Good. Democrats are obviously terrified, and presumably Republicans are as well.

2. That mean Trump Administration insists on enforcing the law. The New York Times had a front page story Sunday about the plight of illegal immigrants in Atlanta. The story, entirely sympathetic to the arrested, deported, and those afraid of being arrested and deported, saying in one headline that “immigrants” (that’s illegal immigrants, NYT editors, a material distinction) fear “even driving.”

“Even driving” without a license.

Here’s a quote to make any rational American’s head explode, about a local journalist who uses social media to warn illegal immigrants when ICE is lurking,

“Asked whether he had any reservations about helping readers evade immigration law, he said he preferred to think he was helping people with no criminal records stay in the country. “Honestly, I believe it’s an honor as a journalist if the people can use your information for protecting their own families,” he said.”

Translation: “I prefer to think of what I am doing as something other than what I am really doing.”

It’s kind of like a newspaper calling illegal immigrants “immigrants.” Continue reading

Morning Ethics Warm-Up, 11/25/2017: NPR, Spin Cycle, A Mother Bugs A Classroom, and a Jumbo!

 

Good Morning, Black Saturday!

1 Self promotion Dept. I’m going to be back on NPR (WBUR, D.C.) in what I think is a live panel discussion (“Barbershop” is the show—I wonder what a ‘barbershop” is? ) hosted at 5: 30 pm, EST by the estimable Michel Martin. The topic is The Harvey Weinstein Ethics Train Wreck, though that’s not what they’ll be calling it.

2. “For every time, Spin Spin Spin, there is a season..” I may mention this New Republic article, or at least be ready to torch a fellow panelist who cites it favorably. The tortured reasoning of writer David Dayen led him to assert that the “sexual harassment crisis” resulted from ” a broken justice system.” Let me summarize it for you: men harass women in the workplace because it’s too hard to convict people and put them in jail. When did liberals start being the ones who want to dispense with civil rights protections and due process assurances in court?

“But we should identify the real culprit for this state of affairs: the long, slow abandonment of the rule of law in America. The reason adjudicating sexual misconduct claims has been left to the media and the crowd is that people have no expectation that the legal system will adjudicate those claims fairly. How can anyone blame them? They have witnessed endless instances of powerful people, mostly wealthy men, getting away with criminality and deception, in every context imaginable. When you don’t have a working justice system, you get a kind of vigilantism as a result. The problem isn’t the vigilantism—it’s the broken framework that leads desperate people to take matters into their own hands. That powerful people face little sanction for misbehavior is an old story, as true in gender as it is in class. But brazen impunity for the powerful is a hallmark of our era. The worst financial crisis in America in nearly a century led to practically no convictions for those whose actions facilitated the meltdown. The Catholic Church shuttled around sex-abusing priests for decades with little reckoning. Cops shoot black people and go back on the job….”

None of this has much to do with sexual harassment, which isn’t a crime, and the three examples cherry-picked by Dayen don’t support his stated argument. The Wall Street wheeler-dealers operated primarily within loopholes and gray areas in the laws and regulations. There were few convictions because it was hard to prove that laws were broken. When the molesting priests were identified, still living, and in the U.S., many were sent to prison. (That the Catholic Church behaved abysmally doesn’t show that the U.S. justice system is broken, obviously). And “Cops shoot black people and go back on the job” is deceitful, simple-minded agitprop. Colin Kaepernick, is that you?

The article is a desperate and clumsy attempt at ethics jujitsu, with the recent exposure of progressive hypocrites as sexual predators being flipped to pivot to the talking point that “everything is rigged against the poor, blacks and women.” What Dayen ends up arguing is that we need to make it easier to prove criminal guilt when we just know the defendants are bad dudes (white, male and rich) —shouldn’t that be enough?— and all the “beyond a reasonable doubt” stuff should be junked…except when black “non-violent drug offenders” are involved.

3.  It’s still illegal. Fark.com called this story “a woman being arrested for mothering while black.” Nice. David Dayen, is that you? Continue reading

Morning Ethics Warm Up, 11/15/17: Rush, Creepy Joe, Fake Fake News, And Yum-Yum

Good Morning!

1 Save the “Mikado”! Yesterday I was honored to be able to participate in a Smithsonian Associates lecture on the careers and operettas of Gilbert and Sullivan. The Georgetown Gilbert and Sullivan Society was kind enough to invite me to sing “Tit Willow” as part of its segment at the event, which played to a full house. It’s a shame, and alarming for the future of live theater, operetta, and the vitality of the G$S canon, that the average age of participants appeared to be approximately 94, give or take a decade.

Before I warbled “Tit Willow,” once as well-known to the average U.S. adult as “My Way” (John Wayne sings the chorus in “The Shootist”) I went off-script to say, “As you all probably know, this song is from ‘The Mikado.’ It is a wonderful show, and don’t believe anyone who tells you otherwise.” The statement got nods and knowing looks, because they knew exactly what I was talking about.

Right now, the more than 80 Gilbert and Sullivan performance groups in the U.S., plus various opera and regional theater companies, have almost abandoned the best and most performed of the 14 sui generis shows by the great duo for fear of getting into a political correctness battle. “The Mikado,” you see, is now considered “racist,” because Gilbert had the ridiculous (and typical) idea of presenting a satire of English foibles and personalities as if Great Britain had suddenly been turned into an upside-down version of Japan. The script is self-referential on the gag (“I often wonder, in my artless Japanese way…”; “He might have had initials on his pocket handkerchief, but Japanese don’t carry pocket handkerchiefs!” ), as Gilbert was one of the fathers of post-modern humor. The show has been popular in Japan, and all over the world. A popular Broadway adaptation (“The Hot Mikado”) had an all-black cast—still in Japanese costumes—speaking and singing jive versions of the dialogue and songs. Gilbert included a song (“I’ve got a Little List”) that accommodated current events updates, so the show is arguably the most continuously topical of all the Victorian operettas—and all of them are still funny.

Never mind all that. “The Mikado” has been targeted by offense-mongering progressives, and theater companies, which are always a bad decision or two from bankruptcy, find it easier to cave and just produce “The Pirates of Penzance” instead.

“The Mikado, ” directed and performed properly, is better than 85% of all Broadway musicals. It is also cheaper, can be performed effectively by all ages, is infinitely adaptable, and is free: it’s in the public domain. It is a cultural treasure, as important to preserve as the best Shakespeare tragedies or  “David Copperfield.” The battle for “The Mikado” has to be fought, and if there is any theater company out there, amateur or professional, who has the guts to fight it, call me. I can help.

2.  Ridiculous Roy Moore defense of the week. I haven’t been listening to Rush Limbaugh for a long time: is he finally losing it? This week he appeared to be suggesting that because Roy Moore was a Democrat when he was lusting after teen-age girls, there is some kind of hypocrisy involved in the controversy over his Senate campaign, saying,

“Did you know that before 1992, when a lot of this was going on, that Judge Moore was a Democrat? Nobody said a word. When he supposedly was attracted to inappropriately aged girls — he was a Democrat.”

So what? Moore could have been a Rosicrucian when he was molesting girls, and it wouldn’t matter. He’s running for the U.S. Senate NOW, and as a Republican. Either Rush is deliberately making what he knows is a terrible argument that will confuse idiots in his audience, meaning that he is dishonest, or he really believes that it is some kind of mitigation to the GOP’s irresponsible support for Moore that he was a Democrat when he broke the Alabama child molestation law. This would mean that Rush is now an idiot himself. Continue reading

The Problem With Apu?

Commenting on the recent attacks from progressives on the allegedly racist drawings of Dr. Seuss, I wrote,

I’ve missed it: have social justice warriors been protesting “The Simpsons”? No? Not even Apu, the Indian immigrant Springfield resident—Wait! Isn’t the Dr. Seuss Museum in Springfield?–who has the stereotypical ethnic occupation of a convenience food proprietor (Full disclosure: my local 7-11 is owned by an Indian American)? You know, this guy?

Apparently I inadvertently set something in motion in the zeitgeist; I’m so sorry. For the New York Times informs us that a new documentary debuting Nov. 19 on truTV  is called “The Problem with Apu,” and “wrestles with how a show praised for its incisive humor — over the years, it has explored issues like homophobia and political corruption — could resort to such a charged stereotype. Making matters worse is the fact that the Indian character is voiced by a non-Indian (albeit an Emmy-winning) actor, Hank Azaria.”

The article goes on,

“In the film, Mr. Kondabolu places Apu within the broader history of Hollywood’s depiction of Indians, including Peter Sellers’s brownface rendition of an idiot in the 1968 Blake Edwards film “The Party” and the Indians feasting on chilled monkey brains in Steven Spielberg’s “Indiana Jones and the Temple of Doom.” He also reached out to a who’s-who of South Asian actors to talk about their experiences in Hollywood.”

The Indian-Americans quoted in the artical are especially upset that Apu’s accent isn’t authentic; it’s just funny. Can’t have that.

Move through the muck and emerge in the b right sunlight of reality,  there is no problem with Apu. There are problems with lacking a mature reaction to humor and satire, being deliberately hyper-sensitive, power-grabbing using group-identification politics, and cynically looking for offense to justify claiming victim status,  but there is no problem with Apu.

I would love to know why Indian-Americans feel all the other characters in the show can be  outrageous stereotypes and extreme caricatures,  but Apu is unacceptably offensive and insensitive. This is contrived victimization. One cannot reasonable compare the Indians feasting on bugs and chilled monkey brains in “Indiana Jones and the Temple of Doom” to Apu because 1) Apu is entirely benign: he is one of the smartest, sanest and nicest characters in “The Simpsons,” and 2) he’s a cartoon. Cartoons are always exaggerated, and if they are not, they aren’t funny. They also aren’t cartoons. Continue reading

Morning Ethics Warm-Up, 11/13/17: Rushing In Panic Around My Boston Hotel Room Because I Didn’t Get My Wake-Up Call Edition

It’s not a good morning…

(Gotta start teaching the Massachusetts Rules of Professional Conduct in an hour, so this has to be quick. Sorry!)

1 Apparently Breitbart, aka Steve Bannon, has sent two investigative reporters to Alabama to discredit the stories of the four women who say Roy Moore courted them when they were in braces and poodle skirts. See, ethical news sources would be doing what we call “finding out if there’s anything the Washington Post missed.” Breitbart is trying to dig up dirt on four women who just responded to the Washington Post reporters’ questions. How do we know this? Well, 1) the untrustworthy hard-right website has been defending Moore and attacking the Post since the story broke; 2) it is appealing to its core group, made up of alt-right creeps and, you know, morons, by saying this is what they are doing; 3) it has already filed a story claiming that the ex-14-year-old who says 32-year-old Moore fondled her was contradicted in some aspects of her story by her mother. Then there’s 4), which is that the site is so slimy it makes eels gag.

Oh…Ann Coulter tweeted yesterday that it doesn’t matter if Moore is a theocrat, it doesn’t matter if the man who calls gays sub-human perverts is, in fact, a pervert himself; it doesn’t matter that he was kicked  off the bench twice as a judge for ignoring the law….what matters is that he’ll vote for Trump’s wall in the Senate. Get help, Ann.

2. On the other end of the ideological divide where it is just as scary, Media Matters is promoting a sponsor boycott of Sean Hannity to drive the conservative pundit off the air as punishment for saying nice things about Moore.  It has already bullied coffee-machiine maker Keurig into pulling its ads, and that has prompted, in turn, a call by Hannity to boycott Keurig. Continue reading

Morning Ethics Warm-Up, 11/6/17: Oh, Great, A Predictably Dishonest Post-Shooting Response, While Democrats Defend Conflicts, Corruption And Stereotyping

Good Morning!

1 I thought the weekend’s violence story was going to only be Senator Rand Paul getting attacked and beaten up by his next-door neighbor, a frustrated socialist, but no. Then we learned that a madman in Sutherland Springs, Texas had opened fire on a church congregation and killed at least 26, wounding another 30 or more.

It now appears that the shooter was not permitted to purchase or own guns, which means that no law, short of gun banning and confiscation—good luck with that in Texas—could have prevented the massacre. Nevertheless, the immediate—can I say hair-trigger?—response from predictable anti-Second Amendment demagogues came in waves. Notable was the country’s #1 demagogue—and yet she persists!—Bay State Senator Elizabeth Warren, who in successive tweets signaled her gun-fearing virtue to gentle progressives, presumably the ignorant ones:

“I’m heartsick for the victims, families & community of Sutherland Springs. But I’m more than heartsick – I’m angry…How many more people must die at churches or concerts or schools before we stop letting the @NRA control this country’s gun policies?…How many kids must die of gun violence on playgrounds & streets every day with no attention at all before we wake up to what’s happening?…Thoughts & prayers are not enough, GOP. We must end this violence. We must stop these tragedies. People are dying while you wait.”

What does this mean? All it means is “Do something! ARRGH!” That is not a mature, rational, professional and responsible reaction from an elected official. The other thing it means is “repeal the Second Amendment,” which is the anti-democratic position of most of Warren’s supporters and followers. Since this episode would not have been prevented by anything but preventing the availability of guns nationwide, except, of course, to the government the public does not trust, Warren is doing nothing more nor less than blaming Republicans and the NRA for a lunatic’s rampage no one could have foreseen or prevented. This, in turn, ramps up the partisan and ideological hatred and division that has been the strategy of Democrats for a full year now, and that leads to Republicans being shot on baseball fields, Senators being mauled by socialist neighbors, and maybe even some mass shootings.

Then we have the muddled and useless “thinking” conveyed by this kind of fatuous commentary, which, to summarize, argues that we need “new ideas” and that a single maniac’s single act from motives nobody yet knows tells us that the rest of the public is devoid of optimism and hope. The author’s candidate for a “new idea”? “Maybe we need to start thinking about guns the way one physician has started thinking about opioids.”

Or maybe we should take a gun apart, put it in a brown paper bag, spin it over our heads and scream like a chicken. Although that’s not exactly new…

On the conservative side, gun defenders are making great hay out of the apparent fact that the killer was pursued and perhaps killed by legally gun-toting church neighbors. That’s moral luck, and nothing more.

2. The Democratic Party really is doubling down on its denials of Donna Brazile’s not-quite-whistle-blowing-since-the game-she-helped-try-to-cheat-in-was-over- a-year-before -she-blew. Amazing. I heard Robbie Mook, Hillary’s incompetent and corrupt former campaign manager, argue that Bernie’s campaign could have bought into the DNC too, so Brazile’s accusation is unfair. The agreement that gave the Clinton campaign control over the DNC was cut in 2015, before the Sanders campaign was anything but a hope, a prayer, a lark and a shadow. Of course Clinton had money: she had been gathering a coronation war chest for years. This was a bright line, classic, conflict of interest by the Democrats, and one that created a terrible appearance of impropriety (because it WAS improper) , except that it was kept a secret. That the Democrats deny this indicates that they don’t know what is inappropriate, and don’t see anything wrong with conflicts of interest as long as they suit their needs.

In other words, the party is corrupt, and likes it that way. Continue reading

Ethics Quiz: “The Stickering”

More than a dozen handmade stickers reading “It’s okay to be white” were posted around overnight in Harvard Square earlier as well as around the nearby Harvard Law School campus.

Law School Dean of Students Marcia L. Sells, who is black, wrote an email to law students in the wake of what Stephen King might call “The Stickering”:

“It seems likely that these anonymous postings, made in the middle of the night, were provocations intended to divide us from one another HLS will not let that happen here. We live, work, teach, and learn together in a community that is stronger, better, and deeper because of our diversity and because we encourage open, respectful, and constructive discourse”

Your Ethics Alarms Ethics Quiz of the Dayand watch your step!—is…

Do you think posting the stickers was unethical? Do you think the Dean’s response was responsible?

Continue reading

From The Ethics Alarms “Confirmation Bias” Files: GQ’s Reasonable Assumption

After all, the New York terrorist was a Muslim, and the Las Vegas shooter was a white guy, and you know that Trump…oh.

Oh yeah.

Right.

You know, this wasn’t hard to check. The biased national news media is so eager to pounce, so devoid of even the tiniest sense of obligation to give the benefit of the doubt to the President of the United States, that they make fools of themselves over and over again.

Just to connect the dots, and maybe it’s stating the obvious and I apologize if I’m spelling this out unnecessarily, but this is the same phenomenon that leads to excited news stories representing an indictment of Paul Manafort for sleazy activities unrelated to the Trump campaign or Russia as the beginning of the end for dastardly Trump-Russia collusion cover-up.  Exactly the same.

We can’t trust people whose news judgment is so polluted by hate and bias….unless, of course, we want to be influenced by hate and bias. And a depressing number of people do want to be.

This is not an ethical state of mind. Have I mentioned lately that bias makes you stupid?

________________

Pointer and Source: Instapundit