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Morning Ethics Warm-Up, 11/29/2017: Featuring Vital Questions Such As: Will Women Now Try To Look Unattractive? Should A Hospital Employ A Nurse Who Hates White People? Is That Man Trying To Rape A Manniquin With An Ice Dildo?

/ Jack Marshall / 68 Comments

Good Morning!

1  Documented insanity. The New York Times has been on an extended binge of highlighting the suffering of deported illegal residents. I could probably post several more episodes of the Ethics Alarms “Good Illegal Immigrant ” series every week. The intellectual dishonesty of almost all of these Times stories, like the pro-illegal immigrant movement itself, is impressive. Essentially, they all can be reduced to, “Isn’t it terrible that these lawbreakers have to endure the consequences of their own actions?”

Complementing these stories are periodic opinion pieces like “ICE’s Courthouse Arrests Undercut Democracy,”‘ by César Cuauhtémoc García Hernández, an associate professor of law at the University of Denver. He writes a pro-illegal immigration blog, identifiable in motive by its habitual use of the cover word “migrant” to mean “illegal immigrants” and the deliberately misleading word “Immigration” to mean “illegal immigration.” Hernández’s op-ed’s argument follows as the night follows day:

“In El Paso, ICE arrested a woman moments after she requested a court’s help keeping away an abusive partner. Fear and uncertainty caused by this type of courthouse arrest are already keeping people away from the halls of justice. In Denver, the city prosecutor gave up on four domestic violence cases because the victims said they were too afraid of ICE to appear in court. In a nationwide survey conducted in April by the nonprofit Tahirih Justice Center, four out of 10 social service providers working with immigrant survivors of abuse said they had clients who had abandoned legal claims because of fear of what will happen if they call the police or go to court.”

Wait: why were these people afraid of ICE? By immigrant survivors, doesn’t Hernandez mean illegal immigrant survivors? If he does, why doesn’t he say so? His favorite terms are “unauthorized” immigrants, and here and there “undocumented” immigrants, poor things. Whatever happened to their documents?

It’s not a threat to democracy if illegal immigrants are afraid to come to court. They should be afraid to come to court. They should be afraid to take advantage of any aspect of  our government or American society. Underlying the professor’s claimed concern for democratic institutions is his contempt for the rule of law. He wants to blur the distinction between illegal and legal immigration to the vanishing point. He quotes the California chief justice as she writes that “the vast majority” of “undocumented immigrants” “pose no risk to public safety.” Is that the desired standard for law enforcement now? As long as a known law-breaker poses no risk to public safety, he or she should be immune from arrest when they turn up in court?

The Times is apparently committed to bombarding its readers with this unconscionable position in perpetuity: our monstrous government has decided to enforce its immigration laws, and the very fabric of our democracy is threatened as a result.

2. CNN Tales.   On a related note, this morning I saw a slick TV ad on CNN supporting “Dreamer” legislation. The terms “illegal,” and even the cover words “undocumented” or “unauthorized” were never used, as various Presidents were shown extolling “immigrants.” “Dreamers” were described as “immigrants” who came here as children.

An ethical broadcast news organization should not accept money to run ads that intentionally misinform its viewers.

But THIS is CNN!…and so is this:  A CNN spokesperson told Politico…
Continue reading →

Unethical Political Cartoon Of The Month: Barry Deutsch

/ Jack Marshall / 24 Comments

 

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, 11/26/17: Rationalizations And Double Standards [UPDATED]

/ Jack Marshall / 16 Comments

Good Morning!

1 Flat learning curve  On “Meet the Press” today, Nancy Pelosi’s defense, if you could call it that, of besieged Democratic representative John Conyers was a special display of what a total integrity void looks like. It was so obvious one has to wonder—again—if these people have that much contempt for the public, or if they are just not very bright. She called for “due process,” which presumably means a formal investigation or some kind of official proceeding, but Democrats haven’t cared about “due process” while demanding that Roy Moore withdraw because of the allegations by his teenage dream dates, or while attacking candidate Trump based on his boasting on the “Access Hollywood” tapes. Nor was “due process” a concern when they sicced Anita Hill on Clarence Thomas during his nationally televised confirmation hearing.

Pelosi then appealed to Conyers’ status as an “icon,” saying,

“John Conyers is an icon in our country. He has done a great deal to protect women – Violence Against Women Act, which the left – right-wing – is now quoting me as praising him for his work on that, and he did great work on that.”

In other words, “The King’s Pass.” Conyers should be treated differently from any regular, run-of-the mill member of Congress, because his many accomplishments should be able to offset any wrongdoing. I’m sure Pelosi endorses this anti-ethical principle; after all, she thinks that she’s an icon too. In truth, kings, stars and icons should be held to higher ethical standards, not lower. If not, they become ethics corrupters.

Pelosi also employed another cynical rationalization, saying she was sure Conyers would do “the right thing.” This is a sneaky version of Rationalization #14. Self-validating Virtue, since she never says what the right thing would be. She is saying that whatever Conyers does would be the right thing, because he’s an icon and what he does must be right.

As a final hypocritical flourish, Pelosi questioned the credibility of Conyers’ accusers. Wait–isn’t the position of the Democratic party and progressives that such women should be believed? Pelosi also spoke as if none of the alleged victim of misconduct had been identified. Naturally, “Meet the Press” host Chuck Todd let Pelosi get away with this, although she said, “I do not know who they are. Do you? They have not really come forward.”  An ethical and non-partisan journalist would have said, “Actually, Rep. Pelosi, government ethics lawyer and former staffer Melanie Sloan is one of the Congressman’s accusers. Since her organization, CREW, is a government watchdog that is habitually easy on Democrats, she has a lot of credibility.  Why don’t you believe her?”

UPDATE: Conyers has surrendered his leadership position on the Judiciary Committee.

2. Nah, there’s no progressive media bias! The Daily Wire—just because its a conservative website doesn’t mean it’s facts are always wrong–produced this list of 24 sex scandals involving Democrats that CNN chose not to report on.

3.  Blame Senator Moore on Franken, Conyers and Pelosi…and Alabama Republicans, of course… If Roy Moore wins a Senate seat, spectacles like Pelosi’s doubletalk and spinning will be a major reason why.

4. A new rationalization! A comment in the Joe Morgan/steroid/Hall of Fame thread made me aware of a missing rationalization. LoSonnambulo wrote, in an excellent comment explaining the history of the dispute over allowing baseball’s proven steroid cheats into Cooperstown, Continue reading →

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

/ Jack Marshall / 51 Comments

 

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 →

Unethical Quote Of The Week: Emily Linden

/ Jack Marshall / 17 Comments

Funny, she doesn’t LOOK like Chairman Mao…

“If some innocent men’s reputations have to take a hit in the process of undoing the patriarchy, that is a price I am absolutely willing to pay.”

—Feminist writer Emily Linden, in the most unethical portion of an unethical twitter screed. After it was roundly attacked as the despicable, sexist, Left- facist, “by any means necessary” mind poison that it is, she hid her Twitter account. But of course.

Here is her whole yuck-pooie! rant:

“Here’s an unpopular opinion: I’m actually not at all concerned about innocent men losing their jobs over false sexual assault/harassment allegations…false allegations VERY rarely happen, so even bringing it up borders on a derailment tactic. It’s a microscopic risk in comparison to the issue at hand (worldwide, systemic oppression of half the population)…The benefit of all of us getting to finally tell the truth + the impact on victims FAR outweigh the loss of any one man’s reputation..If some innocent men’s reputations have to take a hit in the process of undoing the patriarchy, that is a price I am absolutely willing to pay.”

Yes, Emily is absolutely willing to pay a price that involves devastating harm to someone else. This woman is allegedly a writer, and yet delivered a rhetorical punch to he own jaw like that. Wow. Continue reading →

Finally! The Naked Congressman Principle!

/ Jack Marshall / 52 Comments

Thoughts: 1) What woman wouldn’t be turned on by THAT? 2) Ew. 3) Weiner’s selfie was better 4) EW!

I’m sure Democrats will be thankful for this. Ultra-conservative Texas Congressman Joe Barton, in his fourth decade in the House, has a nude selfie circulating on the web. As I note above, ew. There are some material distinctions from the Weiner debacle: Joe was separated when he sent them; he wasn’t showing his man-things to cyber-pal he he had never met, and most important of all, he didn’t lie about it, immediately confirming that the selfie was indeed his. which, unfortunately, means that he is also copping to sexting the message “I want u soo bad. Right now.Deep and Hard.”  The details don’t matter, though. Barton has provided the perfect template for the Naked Congressman Principle, which is so similar to the Ethics Alarms Naked Teacher Principle that not much elaboration is required.

The Naked Teacher Principle states that a secondary school teacher or administrator (or other role model for children) who allows pictures of himself or herself to be widely publicized, as on the web, showing the teacher naked or engaging in sexually provocative poses, cannot complain when he or she is dismissed by the school as a result.

A tweak here, a word changed there, and Voila! Naked Congressman Principle! Hence,

A member of the House of Representatives or the U.S. Senate who allows pictures of himself or herself to be widely publicized, as on the web, showing the elected official naked or engaging in sexually provocative poses, cannot complain when he or she is required to vacate his or her high office.

Continue reading →

“Hello. Yes, Once Again, I Want You To Meet Larry. You Remember That He Was A Respected Harvard Law Professor, But The Scourge Of Anti-Trump Mania Has Left Him Silly And Obsessed. Won’t You Help Sufferers Like Larry With A Generous Donation?”

/ Jack Marshall / 8 Comments

 

The steady deterioration of former Harvard Law professor Lawrence Tribe is truly a cautionary tale. Bias makes you stupid, but Larry had IQ points to spare, once.  Trump Derangement makes you stupid, and this strain of political hostility is far, far worse than the Clinton, Bush and Obama strains. Once Tribe was infected, his intellect was in peril.

Then he became addicted to Twitter. I tell my legal ethics seminar attendees that Twitter lowers a lawyer’s IQ by anywhere from 40-60 points. Once, Larry could have sustained that and still given me a good game of Scrabble. On top of his ossifying liberal bias and the ravages of Trump Derangement, however, Twitter delivered the coup de gras to his gray matter.

We saw the beginning of this in 2016, when he shattered a basic legal ethics tenet–Larry used to teach this stuff–with a mind-blowing tweet. After Trump’s election, Tribe began making silly claims that the President was impeachable,  and took to Twitter to spread batty “resistance” conspiracy theories, while calling a White House aide  “non human.”

Now it seems beyond dispute, sadly, that Lawrence Tribe is in the end throes of Anti Trump Brain Virus infection. Continue reading →

Morning Ethics Warm-Up, 11/19/17: The Censorious, The Irresponsible, The Topless, The Panicked, And The Soon To Be Dead

/ Jack Marshall / 87 Comments

Good Morning!

1 Good-bye Charlie! To get things off to a happy start this Sunday, let’s ponder the news that Charles Manson’s death is imminent. Good. What’s worth pondering is why our society allowed him to live at our expense since 1969. If the justice system has to maintain some ultimate punishment for the worst of the worst crimes  if only to stake out the position that some conduct forfeits the right to exist in a civilized nation—and it does—then Manson should have shuffled off this mortal coil, or rather had it shuffled off for him.

Mark this down as one more area where California has arrived at the wrong answer to an ethics problem.

2. “Knock-knock!” Who’s there? “Child molester!” Child molester who? “Child molester? What child molester? We don’t see any child molesters…” According to internal  documents, the Jehovah’s Witnesses has instructed congregation leaders, called elders, to keep child abuse secret from law enforcement as a matter of policy since at least 1989.

The religious group’s headquarters, known as the Watchtower, sent a letter in 1997 to  local elders across the U.S  instructing them to send to a written report about anyone currently or formerly serving in a position of responsibility known to be have sexually abused a child. A California appeals court last week upheld an order for the Witnesses to pay $4,000 for each day it does not turn over the documents to the court, and the tab currently stands at $2 million. The ruling stems from a case in San Diego, where a man sued the Jehovah’s Witnesses for failing to warn congregants that a child predator was in among them.

Osbaldo Padron was sexually abused as a child by an adult member of his congregation named Gonzalo Campos. Campos confessed to sexually abusing seven children, but although leaders at  the Watchtower knew this,  they continued to promote him to higher positions of responsibility and took no action to protect tne children he came in contact with.

Nice. I guess I’m not going to be polite and chat with those people who knock on my door with copies of the church’s newsletter—you know, “The Watchtower”?—any more.

Is it possible that everyone in the church’s leadership missed the Catholic Church’s scandal in this area? Nobody saw “Spotlight”? Nobody there has a drop of decency or integrity?

Fascinating. Perhaps after he loses his Senate race, maybe Roy Moore will consider a new gig at the Watchtower. Continue reading →

Morning Ethics Warm-Up, 11/17/2017: Groping And Griping [Updated]

/ Jack Marshall / 41 Comments

GOOOOOOD  Morning!

1 Well THAT took an excruciatingly long time! Ethics Alarms finally reached its high water mark in followers this week, and has held the line for a change. Traffic has been disappointing in 2017; this will be the first year in which visits have fallen from the previous one. I blame the anomalous lack of any viral posts, which usually number two or three a year, (and are completely unpredictable), and the Trump-and-Hillary-driven polarization of the web. I have seen a significant net drop in followers every time Ethics Alarms unequivocally criticizes one “side” over the other, no matter how richly the ethics criticism is deserved.

People really do prefer echo chambers. It’s dispiriting.

Update: Right after I posted this, EA lost a follower.

2. Speaking of echo chambers..It is incredible how quickly the Democrats and progressives on Facebook  started defending Sen. Al Franken in the exact same terms, excuses, rationalizations and fallacies used all week by Roy Moore’s unprincipled defenders. The timing is suspicious…it’s only one time…this is politically motivated…we need his vote regardless…I believe him, not her…it was a long time ago…why did she wait so long?…he wasn’t in politics then…What about Trump?...everybody does it. In many cases they  mocked virtually the exact same statements by Republicans spinning for Moore that they are now making themselves.

Those who aren’t quite so hypocritical nonetheless praise Franken’s deceitful and manipulative apology. I guess Al’s supporters and journalists are exactly as dumb as he’s betting they are. The news media has also swallowed that apology whole. If they would just read Ethics Alarms, they wouldn’t embarrass themselves. Well, not so much and so often anyway.

(I’m sorry. The traffic stuff is getting to me…)

3. Read this, and get a surprise! Here’s an interesting website: Your Morals. Org. It has a list of studies you can participate in online—there’s a registration process that isn’t too time consuming— that gather data while purporting to measure your values, political leanings, tolerance for opposing views, and “morality.” I took the political orientation and attitudes survey.

I scored almost exactly in the center, leaning juuust a smidge…Democrat!

4.  NOW they tell us! I’m sorry, but I don’t care to hear Democratic politicians say  that Bill Clinton should have resigned during the Lewinsky scandal. Senator Gillibrand, who brought “Mattress Girl” to the State of the Union, has the immense gall to say that, 20 years after the  issue became moot. Of course he should have resigned. He lied under oath, lied to the American people, directly, calculatedly and intentionally, and obstructed the investigation, legally and illegally. But Democrats and feminists threw their principles into a big bonfire for political expediency, and it is a cheap, transparent and nauseating tactic to reverse themselves after all the damage Clinton’s pass for his “personal conduct” —I remember all the doges and rationalizations–did to the culture.

Paul Mirengoff,  a prominent Maryland-based lawyer who handles labor and employment-law cases, does an excellent job debunking a current Democratic talking point being used to explain why the party’s disgraceful posturing and enabling for Clinton was the result of sexual harassment “not being taken as seriously as it is today.”  He concludes,

Given the history I’ve just described, the argument that feminists and Democrats shrugged off claims of sexual misconduct against Clinton because of “the times” is unsustainable. The argument that, if Bill Clinton were president today, feminists and Democrats would believe Clinton’s accuser, or even just treat them with a modicum of respect, is unpersuasive.

The claims against Clinton were brought at a time of intense consciousness of the problem of sexual harassment. If anything, that consciousness subsided after Clinton’s presidency, thanks to the unwillingness of feminists and liberals to take his sexual misconduct seriously.

That unwillingness cannot be defended on the theory that times were different.

An aside: I saw that Move-On.Org has called for Franken to resign. Hilarious. The organization was created to argue that the nations should “move on” from the Clinton-Lewinsky scandal and let Bill off the hook. I invoke the Ethics Alarms principle of Ethical Estoppel. This group, of all groups, may not argue that any politician should resign after allegation of sexual misconduct. Ever.
 Continue reading →

Puzzled As To How Any Conservative Or Republican Can Continue To Support Roy Moore? Don’t Be. We’ve Seen This Many Times, And For The Same Reasons…

/ Jack Marshall / 43 Comments

Here is how Moore’s defenders are thinking, if you can call it that.

The Hill, from 2011:

During an appearance on HBO’s “Real Time with Bill Maher,” [actress/comic] Janeane Garofalo said, “Anthony Weiner deserves to be supported and hopefully he will be mayor of New York one day. I’m serious. He is a Democrat [who] actually fights for the things liberals and progressive and rational people care about.

The man, a member of the House of Representatives, was sending pictures of his penis to women, in some cases without warning or their consent. He, like Moore, then lied about it.

In both cases, the conduct was disqualifying, and any objective individual should be able to see that. But extreme partisans and ideological zealots are not objective, nor rational, nor ethical. Their ethics alarms don’t work; they believe that the ends justify the means, like Garofalo. They are corrupted. This is why public servants like Weiner, Moore, the Clintons, and Trump are ethics corrupters. Then the people they corrupt, like Janeane Garofalo, use their own collection of rationalizations and false arguments to corrupt others.

The defenders of Weiner were exactly the same, in this regard, as Moore’s defenders.

The self-righteous progressives who have repeatedly spoken and written as if Moore’s defenders are some kind of incomprehensible enablers of evil are endowed with remarkable powers of amnesia and a stunning lack of self-awareness. The mocking contempt that is oozing from social media is the apotheosis of rotting integrity.  Boy, those Republicans are disgusting to try to defend and make excuses for Roy Moore! It is disgusting, but if you applauded hyper-partisans doing the same thing when the scandal was on the other foot, you really should shut up. (I’m looking at you, Bill Maher…)

Ethics Alarms, in contrast, has worked hard for the right to condemn every one of them, because it is character and conduct that matter here, not policy positions and ideology.

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Pointer: Instapundit