Morning Ethics Warm-Up, 6/6/2020: No, We’re Not On The Eve Of Destruction. Stop Saying That!

But thanks for an excuse to play the #2 most stupid psuedo-profound pop song of all time, #1 being, of course, “Imagine.” Take it away, Barry!

1. Mouse in the house. In the 30 years our home was patrolled by Jack Russell terriers, we virtually never saw a mouse (though Rugby literally wouldn’t hurt a fly). Lately, however, we have seen several, including a really, really cute one who is amazingly bold. This tiny mouse has big black eyes and little pink ears, with reddish brown fur. He also seems to like my wife, whom he crept up on the sofa to sit by repeatedly last night while she was napping. Ethically, we are at an impasse. I keep thinking about “Ben and Me,” the Disney cartoon about Ben Franklin’s apocryphal mouse pal, and my wife can’t bear the thought of killing her new fan. But we can’t have mice running around the house.

2. From the Ethics Alarms mail bag: Guess the rationalization! Steve Witherspoon aks what rationalization General Mattis’s fatuous statement, “We must not be distracted by a small number of lawbreakers,”  from his attack on the President evokes. Several, in fact. It’s a clear #22. The Comparative Virtue Excuse: “There are worse things,”  as well as the suddenly popular #64. Yoo’s Rationalization or “It isn’t what it is.” Riots in dozens of cities, arson, looting and attacks on over 100 police cannot be called “a small number of lawbreakers.” It’s also a neat #59. The Golden Rule Mutation, or “I’m all right with it!” As long as those “small number of lawbreakers” aren’t threatening Mattis or his family, he’s willing to accept what happens…to other people being victimized by rioters. Continue reading

So The Judge’s Wife Is On The Jury…Wait, WHAT?

“Hi hon!”

I haven’t seen this before.

Judge Thomas Ensor of Adams County, Colorado, now retired, sat back and allowed his wife to be empaneled on the jury trying Gary Val Richardson for allegedly firing one or two shots in the direction of police officers during a 2013 standoff.

The judge even thought the situation was funny. He joked during jury selection that lawyers should “be nice to Juror 25. My dinner is on the line.” After the jury was selected and sworn in, Ensor told the lawyers that he had never heard of a sitting judge having a spouse or family member on the jury. “There’s nothing wrong with it,” he said. “I think she’ll be a fine juror. I have not spoken to her about this case.”

One of my rules of thumb for avoiding legal ethics problems in trial is that if you’ve never heard of something being done before, there’s probably a good reason not to be the first to do it. Continue reading

Morning Ethics Warm-Up, 6/3/2020: Rationalizations #1 And #64

Well, maybe the Nicholas Brothers will cheer me up….

I wrote about Fayard and Harold here. Talk about victims of systemic racism: the only reason these guys aren’t as famous as Fred Astaire and Gene Kelly is that Hollywood wouldn’t let them be. Justice would be making sure every single American kid sees this routine before they are 18.

1. Of course rioting is domestic terrorism. What else would you call it? It’s calculated violence against innocent citizens to promote fear and to advance a political objective. That’s terrorism.

If the truth hurts, tough. Boy, Rationalization #64. Yoo’s Rationalization or “It isn’t what it is” has had a work-out this year!

2. New York Times priorities: Here’s the top front page headline in the Times today: “How Trump’s Idea For Photo Op led To Havoc in the Park.”  Riots, looting, attacks on police and deaths from the George Floyd riots, and that’s the story the Times believes should be first today. Nah, there’s no mainstream media bias. Continue reading

Applying The Ethics Alarms 12 Question Protest Ethics Checklist To The George Floyd Freak-Out, And A Thirteenth Question

Of course, when a protest turns into violence, arson, rioting and looting, that protest has lost any claim to ethical legitimacy. Let’s (mostly)ignore that Woolly Mammoth in the room, however, to try to assess the George Floyd protests from as positive a perspective as possible.

Here’s the checklist:

1. Is this protest just and necessary?

Outside of the locale where the incident took place, the protests were neither just nor necessary. They were only necessary in Minneapolis if there was a real chance that the police involved would not be held accountable. There was no reason to assume that in the brief time before the mobs gathered and the chants began.

2. Is the primary motive for the protest unclear, personal, selfish, too broad, or narrow?

As in most such cases, the primary motive was and is incoherent. “Expressing outrage”  is by definition too broad to be productive. “Justice” does not mean what the protesters seem to think it does.

3. Is the means of protest appropriate to the objective?

No, if the objectives are a fair trial and due process under the criminal justice system, which it should be. If anything, the protests undermine those objectives.

4. Is there a significant chance that it will achieve an ethical objective or contribute to doing so? Continue reading

Saturday Morning Ethics, 5/30/2020: Burn, Baby, Burn Nostalgia

1. Bulletin for Gov. Walz: Derek Chauvin has civil rights too, you irresponsible fool. I have just watched Minnesota’s Governor repeatedly refer to George Floyd’s “murder.” An elected public official cannot and must not do that. If he wants to guarantee that a fair trial in the case becomes impossible, this is the way to do it. There has been no trial, and however horrible the video of Floyd’s  death may be, Chauvin and the other officers have the right to the presumption of innocence. Now a St. Paul’s mayor is at the podium calling for Chauvin to be held “accountable.” Well, he’s under arrest and will face trial, and for now, that’s about it.  All of this outrage porn and virtue-signaling now enables the rioters by pretending that there is anything productive to be done but to wait for the justice system to play out. Continue reading

In-Between Ethics Warm-Up, Late 5/28/ Or Early 5/29/2020…

Good whatever-it-is…

One problem with having to take a nap every couple of hours is that all sleep patterns inevitably get wrecked, and that’s where I am now, awake and staring in the early morning or late night…what fun.

1. I see that we have riots in Minneapolis. The Third Precinct police station was set on fire; earlier, rioters burned down a six-story, 190-unit affordable housing project  slated to open in the spring of 2021. That development cost approximately $37 million. Never mind: MSNBC’s reliably ridiculous Ali Velshi told his viewers, literally as flames raged behind him, that “this is mostly a protest. It is not generally speaking unruly.” I would say this is unbelievable, but it only slightly moves the needle in the manner the current left-mainstream media regards reality as a flexible concept.

Meanwhile, there is absolutely no rational nor ethical justification for riots, ever, as a response to a single instance of police brutality, or in response to anything else. Nevertheless, we will get rationalizations and excuses from the usual suspects, as well as pious humming that it’s “understandable” for people to act this way. Not if rioters are to be regarded as adults, it’s not. They are harming innocent fellow citizens and business owners, and making matter worse, not better. The enablers and the apologists for such conduct should be duly marked, identified, and condemned, and no, the four rogue police officers who appear to have killed George Floyd did not “cause” the riots. The rioters caused the riots; it’s a choice, and an inexcusable one. The protests elsewhere demanding premature charges and the abandonment of due process regarding the officers are similarly indefensible.

This isn’t even a close call, and it is frightening that so few  are willing to articulate it without equivocation. Continue reading

Ethics Quote Of The Month: Matt Taibbi, “Rolling Stone” Columnist

“I can understand not caring about the plight of Michael Flynn, but cases like this have turned erstwhile liberals – people who just a decade ago were marching in the streets over the civil liberties implications of Cheney’s War on Terror apparatus – into defenders of the spy state. Politicians and pundits across the last four years have rolled their eyes at attorney-client privilege, the presumption of innocence, the right to face one’s accuser, the right to counsel and a host of other issues, regularly denouncing civil rights worries as red-herring excuses for Trumpism.”

—Progressive “Rolling Stone” columnist Matt Taibbi, in “Democrats Have Abandoned Civil Liberties: The Blue Party’s Trump-era Embrace of Authoritarianism Isn’t Just Wrong, it’s a Fatal Political Mistake”

I’m not highlighting Taibbi’s excellent essay as an appeal to authority, not at all. I’ve written about the situation he’s bemoaning for more than three years, and I’ve made my case. (Check the “Totalitarianism” tag—Taibbi should be using that term rather than “authoritarianism.”)  I don’t need Matt Taibbi to prove my analysis correct. I’m calling attention to his essay because it’s a relief: so many people have told me that I am a Fox News, Trumper zombie for pointing out what should be screamingly apparent. For years I have been reading fevered warnings that the President was a dangerous authoritarian endangering democracy, when it seemed apparent that the party those critics supported were presenting the real threat by undermining our institutions and ignoring both the Constitution and the law.  I was beginning to doubt my sanity, just like Ingrid Bergman in “Gaslight.” Only a handful of analysts with courage and integrity—Professors Turley, Dershowitz, Jacobson and Althouse; journalist Glenn Greenwald, a few liberal pundits like Taibbi and Andrew Sullivan (sometimes) kept me from self-commitment.

More from Taibbi, on Michael Flynn:

Warrantless surveillance, multiple illegal leaks of classified information, a false statements charge constructed on the razor’s edge of Miranda, and the use of never-produced, secret counterintelligence evidence in a domestic criminal proceeding – this is the “rule of law” we’re being asked to cheer.

Russiagate cases were often two-level offenses: factually bogus or exaggerated, but also indicative of authoritarian practices. Democrats and Democrat-friendly pundits in the last four years have been consistently unable to register objections on either front.

Flynn’s case fit the pattern. We were told his plea was just the “tip of the iceberg” that would “take the trail of Russian collusion” to the “center of the plot,” i.e. Trump. It turned out he had no deeper story to tell. In fact, none of the people prosecutors tossed in jail to get at the Russian “plot” – some little more than bystanders – had anything to share.

Nah, there’s no mainstream media bias. Continue reading

Wait…WHAT? The NFL’s Crazy Diversity Proposal

The National Football League’s “Rooney Rule” requires every team to interview one qualified minority candidate for a head-coaching job.  That requirement was introduced by owners in 2003, but it has done little to remedy the perceived problem that spawned it. About 70% of NFL players are black. Today, 17 years after Pittsburgh Steelers owner John Rooney pushed through his diversity-inspired rule, the NFL has two African-American general managers for 32 teams, or 6.3%. The league has three black head coaches for 32 teams. That’s 9.4%.

The contrast with the National Basketball Association, which also has an overwhelmingly black player population, is striking, as the graph above illustrates. Is this evidence of NFL discrimination? It’s certainly a bad look. Fans, of course, literally do not care what color their team’s management is as long as their work results in winning seasons and championships.

So this coming week, in a Zoom meeting necessitated by the pandemic, NFL owners will reportedly consider a new proposal to provide incentives to motivate owners to hire more of those minority candidates rather than just interview them. Continue reading

Comment Of The Day: “Friday PM Ethics Discoveries, 5/15/2020: … Reasonable Discrimination Opposed [Item #5]” [Corrected]

The 5th item in yesterday’s Warm-Up sparked a lot of debate, and a number of Comment of the Day candidates (another is on the way.) That was the post about the white police officer suing on the basis of employment discrimination because his superior told him that the community controversy over the police-involved shooting of a black man had made it essential to hire a black police chief.

Here is Glenn Logan’s Comment of the Day on Item #5 in “Friday PM Ethics Discoveries, 5/15/2020: A Coup Option On The Way Out, A Narrative Reappears, Trump Tweets, Reasonable Discrimination Opposed, And More}:

You said: The community has a potentially explosive race problem, and hiring O’Toole would exacerbate it. They need a qualified black officer in the job. If that violates the Missouri Human Rights Act as O’Toole’s lawsuit claims, the Act needs to be fixed.

Tools of ethical decision-making: Continue reading

Saturday Ethics Warm-Up, 5/16/2020: The Experts Edition

Hey!

Why aren’t you at the beach?

1. One reason: it’s stupid at the beach. Here’s a sign on a beach at Ocean City New Jersey:

Explain that, please. Are you OK as long as you stay on the surfboard, but not permitted to swim if you fall off? Why is a solo sunbather breaching the rules? Sitting in chairs is dangerous, but standing around is not? These kinds of arbitrary restrictions can’t be justified, and will inevitably lead to public distrust and defiance…and ought to.

Here is the obligatory clip from “Bananas” (with Greek subtitles, for some reason):

2. Here’s the “expert” who is imposing dubious restrictions in LA County: Los Angeles County Director of Public Health Dr. Barbara Ferrer, who first told the county’s board of Supervisors that the county’s “Safer at Home” order would  be extended for three more months when it expired yesterday, then extended it with no end date. The reason her opinion should be worshiped without question is…well, I don’t know what.  As I keep trying to explain to my Deranged Facebook friends, you only allow doctors to dictate policy if the only thing the public has to worry about is health, since that’s all doctors care about: if we are reduced to living on roots and berries and living in caves, well, if everyone is healthy, that’s a win from from a doctor’s perspective.

Dr. Ferrer, however, isn’t even a medical doctor. She’s not an expert in virology or epidemiology. She has a Ph.D in  social welfare, making her a Doctor of Wokeness, and also has the degrees Master of Arts in Public Health,  Master of Arts in Education, and Bachelor of Arts in Community Studies.  Based on these credentials, she is paid a half-million dollars a year to tell citizens how they will be allowed to live their lives “for the greater good.” Continue reading