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Morning Ethics Warm-Up, 12/29/2017: Daring The Alt-Right

/ Jack Marshall / 62 Comments

GOOD Morning, Everyone!

1 Ethics Alarms Holiday Challenge! report: You did not disappoint  me. I have not read all the comments in detail yet, but the various evisceration of NBC’s jaw-droppingly stupid call for an end to freedom of speech produced at least five strong Comment of the Day candidates. I won’t re-post all of them, because Noah’s inept screed doesn’t warrant that much space, frankly. Good job!

On a related administrative note, I’m really going to try to get all the Ethics Alarms Best and Worst completed this year (having fallen short the last two), and would appreciate nominations in all categories. (Some examples are here and here, but don’t feel constrained. New categories are welcome.)

Use this post, please, or e-mail me at jamproethics@verizon.net.

2. Doesn’t help…President Trump couldn’t resist tweeting this:

‘In the East, it could be the COLDEST New Year’s Eve on record,’ he tweeted from Mar-a-Lago Thursday night, where it is currently a balmy 78 degrees Fahrenheit Perhaps we could use a little bit of that good old Global Warming that our Country, but not other countries, was going to pay TRILLIONS OF DOLLARS to protect against. Bundle up!’ 

Ugh.

  • These are the tweets that try men’s souls. It’s just never a good thing for the leader of the country to broadcast his ignorance and deficits of critical thought.
  • It would be a bit less annoying—but still unpresidential and self-destructive,  if the President were satirizing the climate change chorus, which despite the fact that the science they claim to revere so much says its nonsense to do so, still cite individual weather events as “proof” of global warming, most recently the 2017 hurricane season. Or if he were trolling his foes, which he is often masterful at doing, trying to lure them into hypocrisy. Predictably, journalists took the bait anyway, with many suddenly becoming sticklers for the key distinction between  climate change, and weather after years and years of intentionally blurring in in their interviews and reporting. Sadly, there is no reason to believe the President was doing anything but trumpeting his own scientific illiteracy.
  • I wonder what the President’s approval ratings would be if he had never sent a tweet after taking the oath of office?

Continue reading →

Morning Ethics Warm-Up, 12/28/2017: Bad Lawyer, Bad Losers, Bad Lottery, Bad Policy

/ Jack Marshall / 10 Comments

 

GOOD MORNING!

1 Gee, I wonder how this happened? I’m doing a year-end legal ethics seminar for D.C. Bar members this afternoon, and this story showed up in time for me to use. A federal jury has found Evan Greebel, the former lawyer for convicted fraudster Martin “Pharma Bro” Shkreli guilty of helping the fick pharmaceutical executive craft a scam to repay defrauded investors. You remember Shkreli—this guy, who entered the Hall of Infamy for his unapologetic price-gouging of the HIV drug Daraprim after he bought the rights to the drug and  then hiked its price from $13.50 to $750.

Prosecutors  claimed Greebel, Shkreli’s lawyer during  scheme, gave his client detailed advice on how to pay off investors in his  hedge funds, MSMB Capital and MSMB Healthcare, with his company’s  funds, as well as how to circumvent trading restrictions. He was also was accused of participating in fraudulent backdating of documents and helping draft phony settlement and consulting agreements. Greebel’s lawyers countered that Shkreli was an evil manipulator who dragged his own lawyers, unaware, into his crimes. his own lawyers. Greebel, they said, acted in good faith as the outside attorney for Shkreli’s company, and lacked criminal intent.

The news story ends with this:

“Greebel, a partner with Katten Muchin Rosenman, saw his annual salary triple from $355,000 in fiscal year 2013 to $900,000 in 2014, when he was advising Shkreli.”

The moral: Nothing freezes ethics alarms like a lot of money.

2. What do Roy Moore, Al Gore and Hillary Clinton have in common? They are lousy losers. Moore, the horrible GOP candidate for the empty Alabama Senate seat, has filed a lawsuit to try to stop Alabama from certifying Democrat Doug Jones as the winner of the U.S. Senate race. Moore lost by 20,000 votes, but insists that there were irregularities. He wants a fraud investigation and a new election. Once upon a time, even the losers in close elections where some funny things went on conceded gracefully and accepted the results. This was a traditional demonstration of respect for the system and democracy, and girded our elections from cynicism and distrust. Even Samuel J. Tilden, the Democrat who was cheated out of the Presidency despite winning both the popular and the electoral vote, acceded to the back room deal that gave Hayes the victory.

No longer. Al Gore permanently killed that tradition in 2000, and Hillary’s minions set the corpse on fire in 2016. Now losing candidates can be expected to exploit any excuse imaginable to try to reverse election results. This is a dangerous slippery slope the endless Florida recount put us on, and I fear that it will eventually slide into violence. Better that the occasional election be won illicitly than to have every election be a potential court case.

In other news, the determination of a tie-breaker to settle who won a decisive seat in Virginia’s House of Delegates has been delayed after lawyers representing Democratic candidate Shelly Simonds filed a motion asking a trio of circuit court judges to reconsider their decision to allow a controversial ballot to be counted as a vote cast for her Republican opponent.

Of course! Continue reading →

The Christmas Asshole, Neil DeGrasse Tyson

/ Jack Marshall / 61 Comments

“Merry Christmas to the world’s 2.5 billion Christians. And to the remaining 5 billion people, including Muslims Atheists Hindus Buddhists Animists & Jews, Happy Monday.”

What would justify a public figure tweeting that kind of arrogant, hostile, belittling message  at his fellow citizens  on Christmas Eve?

Nothing.

This was one of Neil deGrasse Tyson’s tweets yesterday. I’m sure the nation’s most prominent and least deserving pop intellectual assumed that his many Twitter followers who hang on every word of revealed wisdom he utters  would appreciate his giving Christmas the metaphorical back of his hand, which only means this asshole has a lot of asshole followers.

Why do this? It is not as if there is any delusion among Christmas revelers that “billions” of others in the world do not have the pleasure of celebrating the world’s most inclusive and ethical cultural holiday. Tyson’s intent was not to inform, it was to diminish, using a version of the Golden Rationalization: “Everybody does it;” in this case, “More people do it, so what you do instead isn’t as great as you think it is.”

Asshole. Tyson doesn’t have to observe Christmas, and he doesn’t have to absorb the wisdom that Scrooge learned so traumatically, he need not acknowledge an annual ritual in which we are all encouraged to embrace love, peace, generosity, ethics, respect, charity, empathy, selflessness and hope for at least a day, opening the possibility that the enlightenment may last longer, and even a lifetime, as it did for Ebeneezer.  If he had any decency or common courtesy, however, he wouldn’t try to spoil the holiday for anyone else not so blighted. As Richard Fernandez wrote yesterday, deftly exposing the flaw in fatuous efforts among  various sad enclaves of progressives more concerned with triggering some offense with a “Merry Christmas!’ than with the health of society itself, it is helpful to understand

“…Christmas as playing a role analogous to the fictional baseball field in the movie Field of Dreams: not a place or day but a reverie. To paraphrase the famous speech to Ray, when people come to Christmas, …”it’ll be as they’d dipped themselves in magic waters. The memories will be so thick, they’ll have to brush them away from their faces. …  It’s been erased like a blackboard, rebuilt and erased again.” But Christmas has marked the time. Marked the time because, as C.S. Lewis once adventured,  Christmas is not an idealized memory of childhood but of something glimpsed in childhood.

“These things—the beauty, the memory of our own past—are good images of what we really desire; but if they are mistaken for the thing itself they turn into dumb idols, breaking the hearts of their worshipers. For they are not the thing itself; they are only the scent of a flower we have not found, the echo of a tune we have not heard, news from a country we have never yet visited.”

…The effort to erase Christmas will probably fail for no other reason than that it meets a human need that a mechanical bureaucratic day off cannot fulfill. Humanity needs a time to mark the growth and change in the family, an occasion to renew hopes and put aside fears and a chance to remember something we once knew: that everything’s going to be alright in the end. It really will.

Continue reading →

Sarah Huckabee Sanders’ Tweet: Is This The Most Perfect Example Of Ethics Estoppel Ever?

/ Jack Marshall / 31 Comments

To recap from past posts and comment threads. ethics estoppel attaches when a public figure makes an ethics-related assertion or levels criticism of conduct that he or she is uniquely unable to make without inducing near fatal laughter in all who read or hear it, since the position is so obviously and audaciously at odds with the individual’s own past behavior or statements. The current statements may be wise, true or have validity, but their speakers’ past so undermines their credibility on the topic under discussion that they actually weaken the otherwise legitimate position by the identity of its advocate. Thus such advocates should shut up.

It is not the same as hypocrisy. An individual can change his or her beliefs: a former drug user is not being hypocritical when he says one should not use drugs. Even a current drug user may not be hypocritical to make the same statement. However sincere they may be, however, those who were prominent violators of the principles they are currently espousing are terrible advocates.

The late Senator Ted Kennedy apparently understood ethics estoppel long before Ethics Alarms defined it. As a Democratic member of the Senate Judiciary Committee when Anita Hill ambushed Clarence Thomas, Kennedy was unusually silent, especially for a Senator who had been the designated attack dog against other Republican Supreme Court nominees, notably Robert Bork. However, the idea of Ted “Chappaquiddick” Kennedy—or any Kennedy, really—criticizing someone else for alleged sexual misconduct was too ridiculous. Ted knew he was ethically estopped from weighing in.

White House spokesperson Sarah Huckabee Sanders got in a twitter war with Congressman Ted Lieu (D-Cal)—the reason is irrelevant—and Sanders tweeted in part,

“You should spend less time tweeting, more time doing your job.”

Well. Continue reading →

Plan J From Outer Space, And Related Scary Tales

/ Jack Marshall / 20 Comments

All right, all right, “Plan J” is not really from outer space.  It’s really from the ever fertile mind of Democrats and the resistance, who are now dedicating their efforts on a new, weird, cultural theory to get rid of Donald Trump, one that has its dark routes in Salem, Massachusetts. Plan J—that’s my name for it, not theirs, as I explained here—isn’t quite as bizarre as the Ed Wood camp classic the headline evokes, “Plan 9 From Outer Space,” (If you’ve never seen it, shame on you: you can become culturally literate here) but it’s a lot scarier.

As it has been recently defined, Plan J holds that if  women, who must be believed, accuses a man of sexual harassment or sexual misconduct, no matter how long ago the alleged offense occurred, whether or not it relates to the accused individual’s current psoition,  whether there is any supporting evidence, whether the alleged incident or incidents were a criminal or a civil violation, regardless of how serious they were and regardless of whether the alleged offender denies the allegations or whether the accusations were known to those who placed him or her in their current position, the targeted individuals must be shunned, punished, and forced into virtual exile, if not erased from the culture entirely.

By establishing the new due process-bypassing, proportion-defying and fairness-erasing  social norm, those who have seen their Plans A through I (also enumerated here) either fail miserably or founder have new hope that they may  yet force the President of The United States to resign, thus bypassing those messy and inconvenient things called “elections.”  In order to set this bold new social norm, every celebrity or powerful person who even vaguely fits a Trumpish template regarding accusations of sexual misconduct must be hounded, attacked, derided or shamed.

It’s really remarkable. Of course, Plan J only became feasible as a result of the Harvey Weinstein scandal, and the subsequent rush of #MeToo-ers to see who they could take down, rightly or wrongly.

There is a certain perverted brilliance to Plan J. Sexual harassment is a filthy, unethical perk of the powerful that had been allowed to harm too many for too long, and was an accepted feature of too many cultures, like government, business, and show business.  Thus the pent-up fury sparked by the revelations about Weinstein was justified. But as with The Terror that followed the French Revolution, the legitimate anger and determination to reform the culture also created a different kind of power that corrupted the reformers. The ability to destroy with a pointed finger is intoxicating.

In many cases, the results have been beneficial: the identification of corrupt cultures and the unmasking of genuine workplace predators like Weinstein, Kevin Spacey, and Matt Lauer. In other cases, the fates of the accused have seemed wildly disproportionate to the offenses, although often the reaction of the accused have hastened their demise. The tally of individuals taken down by this frenzy now totals 97 men and one woman—Wait! Make that 98 men: Jerry Richardson, the owner of the NFL’s Carolina Panthers, announced that he was selling his team hours after the NFL announced that it would be investigation sexual misconduct claims against him.  Thus Plan J was born: Hey! Why not President Trump?

If due process and sufficient evidence weren’t required to destroy so many others who once had power and influence, surely Sen Kristin Gillibrand’s insistence that as long as she and enough Trump-hating journalists found his accusers “credible,” the fact that none of the alleged acts were criminal, that they did not occur while he was in office and could not possibly be impeachable, and the fact that he was elected with the public’s full knowledge of the allegations were no longer a bar to an effort to force him to resign.

Plan J!

It

Just

Might

WORK!

There are logical and ethical problems that have to be steamrolled in the process, however, if “the resistance’s” dream is to come true. For the principle that any alleged sexual misconduct that a elected official may have engaged in before being elected to become the rule, a lot of lesser figures have to be sacrificed, along with a lot of tenets of basic fairness. For example: Continue reading →

Morning Ethics Warm-Up, 12/16/ 2017: A Kiss, A Blacklist, A Mystery, And President Frog

/ Jack Marshall / 5 Comments

Good Morning!

It’s tree decorating day!

1 Fact. Last night, TCM was showing “Holiday Affair,” starring Robert Mitchum, Janet Leigh, and Wendell Corey. After the film, as is his wont, host Ben Mankiewicz returned with some inside trivia. He said, “Janet Leigh was not prepared at this point in her career to be on a set with such pranksters as Mitchum and Corey. At the point in the film where the actress was supposed to be kissed by Mitchum, Leigh wrote in her autobiography, instead of getting the expected movie kiss, she got a genuine Robert Mitchum kiss while the cameras rolled. The script called for her character to react with surprise, and there is no doubt that’s what audiences saw!”

This was exactly what Al Franken’s first accuser alleged he did to her in a skit rehearsal a decade ago. Now, was that “prank kiss” sexual harassment? Since that kind of “prank” by male movie stars was hardly uncommon, Mitchum was a bigger star at that point than Leigh (who was 22), and he was considered a dreamboat, and this was 1949, Leigh was a good sport about it, and presumably wasn’t uncomfortable for the rest of the shoot. Yet if the film was in made in 1999, she could hold a press conference today and accuse Senator Mitchum of sexually harassing her, and there would be evidence on film.

She could do this a) if she had shrugged the off then as an initiation to the World of Bob Mitchum, but newly “woke” realized it was sexual assault; b) if her career was flagging and she needed to get back into “Variety” headlines; c) if she had been seething all these years and waiting for a chance at revenge; d) if Senator Mitchum were a pro life conservative and her liberal daughter Jamie Lee Curtis called her up one day and said, “Mom, you know that story about Robert Mitchum slipping you a tongue during “Holiday Affair”? You can take that right wing SOB down with that!”

And there would be nothing Senator Mitchum could do about it.

Go ahead, Prof. Butler. say “Come ON!” I dare you.

2. On the other hand...Yesterday, director Peter Jackson (“Lord of the Rings” trilogy, “The Hobbit,” “King Kong”), told reporters how Harvey Weinstein, he now realizes, made good on his threats to exact revenge on young actresses who didn’t “cooperate” with him:

“I now suspect we were fed false information about both of these talented women [Ashley Judd and Mira Sorvino] – and as a direct result their names were removed from our casting list…My experience, when Miramax controlled the Lord of the Rings… was of Weinstein and his brother behaving like second-rate Mafia bullies.”

Sorvino tweeted in response, Continue reading →

“The Popeye,” From The Ethics Alarms Ethics Estoppel Files: I Can Say The Republican Party Is Rotting, Democrats, But You Can’t

/ Jack Marshall / 31 Comments

“That’s all I can stands, ’cause I can’t stands no more!”

—Popeye the Sailor, when he felt like I did while so many of my progressive friends were posting this op-ed by David Brooks.

Democratic posturing and moral outrage over Roy Moore’s support by Republicans is too much to bear. The hypocrisy and historical amnesia their caterwauling requires is truly nauseating. I could not believe that David Brooks of the Times would write about how the REPUBLICAN PARTY is rotting while the Democratic Party was wildly oscillating between defending a Congressman who had apparently harassed multiple staff members while in office because he was an “icon,” to playing the race card against its own Senator because he had been accused of conduct he denied years before he was elected, to dispensing with due process to demand that another Democratic Congressman resign, to forcing the Senator to resign (but probably only because their party controlled that State House), to forcing a vote on a shamefully contrived impeachment resolution, to all but guaranteeing the election of Moore because of revelations of the astounding sexual hypocrisy of their core allies among the news media, their key donors and their mouthpieces in Hollywood, while their bitter, losing Presidential candidate’s claim of a conspiracy to excuse her inexcusable defeat became less and less tenable as the investigation it spawned revealed itself to be incompetent and conflicted.

But the Republican Party is rotting.

Now, Ethics Alarms, unlike Brooks, unlike the Times, unlike MSNBC , unlike Hillary Clinton and unlike the Democratic party and any citizen so devoid of integrity to align with such a crew, can say the Republican Party is rotting. In fact, like Mr. Kimball would say on “Green Acres,” I will say it: the Republican Party is rotting. I can say it now because I said two years ago that it would commence rotting if it could not and would not stop Donald Trump from getting its nomination, something the party leaders had the power to do but neither the will nor the integrity. I said this, in various ways and with assorted provocation, right up to the convention.

Roy Moore? He’s minor rot, comparatively, and the Democrats don’t even honestly or competently argue what is most rotten about him. They want to concentrate on his “Deliverance,” hillbilly, low-life, dating preferences enabled by ignorant Alabama mothers forty years ago, when the man  today thinks he can defy the Supreme Court and the Constitution, thinks America was at its best under slavery, thinks women should be kept barefoot and pregnant, would love to see gays stoned to death, and wants a Christian theocracy to rule the land.

But that’s quibbling: Moore is certainly rotten, and the GOP doing anything but declaring him a human pathogen for the Senate and democracy is certainly proof of rot. Until, however, Republicans make Moore the keynote speaker in a future convention dedicated to condemning a “war on children,” I’ll handle the rot assessments, thanks, along with any other commentators, academics and citizens who didn’t spend the last, oh, half century or so extolling the likes of Jack Kennedy, Bobby Kennedy, Teddy Kennedy, and the Clintons.

The Democratic Party has happily celebrated, covered up and profited from rot. As Obi Wan would say, “The Rot is Strong Within Them.” Thus they are estopped from calling out rot anywhere. Continue reading →

Morning Ethics Warm-Up, 12/5/17: Ethics Chaos Everywhere—Lawyers, Law Enforcement, Government, News Media. Is This A Great Country, Or What?

/ Jack Marshall / 56 Comments

Good Morning, everybody!

1 Wait, What??? ABC has announced that suspended reporter Brian Ross will no longer handle stories involving President Trump after Ross returns from his suspension. The suspension, you will recall, was occasioned by his misreporting of a matter involving the Mueller investigation and causing a stock market dive as a result.

This makes no sense at all. Either Ross is a professional, competent journalist who can be trusted to report the news without allowing his biases to distort the facts, or he is not. If ABC deems Ross too unreliable and partisan to report on stories involving the President of the United States, then—can I say obviously?—is also too reliable to be a reporter at all.

In his weekly unhinged hate-rant against President Trump—this one claims that favoring “national security and sovereignty; economic nationalism; and deconstruction of the administrative state” proves the President is a Nazi—Charles M. Blow writes, “Trump’s continued attacks on the media — and on truth itself — is an attempt to weaken the watchdogs, to grease the skids toward more oligarchy, more authoritarianism, more fascism.”

Are even New York Times readers gullible enough to buy that absurd description of the news media any more? The Ross fiasco is only the latest in a chain of thousands, some more minor, many not, that prove beyond any reasonable doubt that the news media is not a respectable watch dog, and that truth is the farthest thing from its agenda. The op-ed page that Blow squats on is a daily display of deceit and anti-Trump propaganda. There has never been anything like it in the history of the legitimate press. The same day Blow’s screed appeared, Times editors went full race-baiter, publishing a column that cherry picked  black athletes, celebrities  and politicians the President has issued insulting tweets about, regardless of the topic or issue, to show that he’s obviously a racist. (For example, since the NFL player who stood during the Mexican national anthem while having Kaepernicked for weeks in games played in the U.S., the President tweeted criticism was racist.) My junior high school journalism teacher, who advised the student newspaper, would have flagged this is terrible journalism, but Timed editors think it’s just great,

Watchdogs.

Right. Continue reading →

The Great Pie Controversy, or “Why Reporter April Ryan Isn’t Invited To The White House Christmas Party And Rightfully So”

/ Jack Marshall / 35 Comments

Did you miss The Great Pie Controversy? Then sit down, children, and hear the tale…

It all began when White House spokesperson Sarah Hucklebee Sanders posted a photo on Thanksgiving showing a pecan pie she baked for Thanksgiving. Above  is the  2:40 p.m. tweet.  The next day, American Urban Radio Networks Washington bureau chief April Ryan tweeted her doubts that the pie was real, implying that Sanders was a liar.  She needed to “show it to us on a table,” Ryan demanded, and had to see “folks eating it and a pic of you cooking it.”

Now, let us pause and ponder what would make someone react like that to a simple declaration that someone had baked a pie for Thanksgiving.  Why would anyone set out to embarrass and impugn an individual’s honesty over something so innocuous, based on no evidence or good reason at all? This isn’t journalism. It ‘s just meanness, motivated by sheer bias and hate. Conduct like that is so contrary to the Golden Rule that it constitutes tarnish.

And, of course, Ryan’s demands were also stupid and unreasonable. How would Sanders, where she so inclined, produce photos of guests eating a pie after it had been eaten?

Never mind. This example of disgusting and gratuitous reporter enmity was quickly picked up by the anti-Trump journalism establishment as an actual news story. Continue reading →

Ethics Dunces And Nominee For 2017 Assholes Of The Year: Ugly American Joseph and Travis Dasilva, a.k.a. “The Traveling Butts”

/ Jack Marshall / 17 Comments

World traveling married couple  Joseph Dasilva, 38, and Travis Dasilva think it’s’ cute and funny to take what they call “belfies,” as in “below-the-belt selfies” at historical, religious and cultural sites in other nations. They then post the disrespectful  photos to Instagram. Above the witty pair is shown  at Bangkok’s Wat Arun, or Temple of the Dawn, baring their asses. Unfortunately, such conduct is illegal in Thailand. The Dasilvas were arrested at the Bangkok airport, fined 5,000 baht ( about$154) each, and will be facing charges of public indecency.

Writes Professor Turley, quite correctly:

So these two travel the world showing utter contempt for historic and cultural sites, then when they get into trouble, the United States spends money and time to try to secure their release from their well-deserved arrests….It remains a mystery why anyone over the age of 4 would find this “Traveling Butts” theme to be funny. Yet, their account had more than 14,000 followers before it was deleted. I find that following far more unsettling than the fact that two adults would engage in this type of offensive conduct. 

What do you want to bet that these two boors loudly condemn the President for projecting a poor image of the U.S. abroad? Continue reading →