2018

July 7, 2018July 7, 2018 / Jack Marshall / 21 Comments

God ettermiddag!

Yeah, I know smorgasbord is Swedish and god ettermiddag is Norwegian. I just woke up feeling Scandinavian today. I even had a Danish for breakfast…

1. Trump Tweets. Our President’s petty and juvenile tweets insulting Maxine Waters’ IQ and Senator Elizabeth Warren’s Native American fantasy are so obviously self-destructive, necessary and irresponsible. Why why why? These outbursts are literally like the President of the United States going on the roof of the White House and screaming, “You’re all poopy heads!”

Who needs to be told that Waters is an idiot? Res ipsa loquitur applies, and anyone who thinks she is the voice of wisdom and moderation is beyond helping. Trolling Warren by offering her a million dollars to get a DNA test is even more idiotic. Her fake claims of Cherokee heritage already have frozen her political ambitions, and she knows it. If the Senator is not eager to take the test for free (Does anyone smarter than Maxine Waters believe she hasn’t taken such a test?), why would she do it for money? And Warren doesn’t need a million dollars: like most socialists in power, she’s rich already. It’s this kind of thing that drove George Will, William Kristol and Jeff Flake nuts.

2. Proof that the New York Times has also lost it. Here’s an inflammatory quote from yesterday’s editorial from the New York Times editorial board, in a screed urging Democrats to use any means necessary to block the President from appointing whomever he wants for the Supreme Court—you know, like the Constitution says he can:

“This is all the more reason for Democrats and progressives to take a page from “The Godfather” and go to the mattresses on this issue.”

Nice. This is a direct call to violence and literal warfare. I assume the Times editors have seen “The Godfather.” Don Corleone’s Family went “to the mattresses” when it started a gang war.

I hope Americans realize the values it will be voting for when they decide to put the New York Times’ editors’ chosen party back in power. Hint: it’s not democracy.

Since November 2016, Democrats and their allies have been courting revolution because they didn’t like the way the election turned out. No matter how loathsome the Republican Party has shown itself to be, it has never done that. Continue reading →

Flipping Off The President, And Proud Of It (With A Poll!)

July 6, 2018July 6, 2018 / Jack Marshall / 50 Comments

Remember Julie Briskman? She flipped off the President’s motorcade in November, and was so proud of that eloquent statement that she posted a photo of her gesture on Facebook. He company, A government contractor, promptly fired her. I wrote at the time,

Flipping a middle figure to the President’s motorcade is protected speech. Flipping said finger to the President when one works for a company dependent on government contracts and plastering photos of one doing this on social media is not what I would call wise, and Julie Briskman should have reasonably expected her employers to admonish her to keep the company’s public image in mind the next time she was tempted to bite the hand that feeds it. Akima LLC, however, a Virginia-based company, fired her.

They have every right to do this, but it was a gross and cruel over-reaction. Worse, the company wasn’t even honest about its rationale,telling her that company policy forbade an employee having anything ‘lewd’ or ‘obscene’ on your social media. Sure. “The finger” is undeniably rude. Obscene it’s not.

But Julie doesn’t read Ethics Alarms (obviously!), and sued for wrongful termination. Last week, Virginia judge Penney Azcarate judge dismissed Briskman’s wrongful termination claim. Her lawyers had claimed that Briskman’s employers violated public policy by forcing her resignation.

As I said, I don’t think the company was particularly fair to Briskman, who is young and like most of the resistance, lacks judgment and proportion. I doubt that anyone would take it out on her employers that they employed a rude and immature jerk as a marketing analyst. It need not have fired her. Still, Virginia is an employment at will state where you can be fired for having an obnoxious laugh. As Ethics Alarms has held here frequently regarding professors who post racist rants on social media and episodes like that of Adam Smith, the so-called Chick-Fil-A Video Vigilante who verbally abused a Chick-Fil-A employee and posted the video of him doing so, companies have every right to regard an employee whose public behavior embarrasses their employers as a liability, and to treat them as such. It isn’t kind, and it isn’t compassionate, but as I wrote about Smith,

“I can’t blame anyone who doesn’t want to be represented by a man whose judgment was this wretched and who is best known for bullying an innocent minimum wage employee because he didn’t like her boss’s take on gay marriage. Actions have consequences, and while the cumulative effects of the foolish and damning video have been excessive, no individual component of it is. Someone should be kind, obey the Golden Rule and give Smith a shot at redemption, but no one individual is ethically obligated to do so. Smith’s sad fate, which extends to his family, is still his own doing, and he alone is accountable.”

Continue reading →

The Yankees Demonstrate How Athletes Get Brain Damage

June 28, 2018June 28, 2018 / Jack Marshall / 3 Comments

During last night’s game against the Phillies, New York Yankees left fielder Brett Gardner crashed into the wall making a terrific catch. He fell to the ground, clearly stunned, then got to his feet, shaking his head like a cartoon character after being conked on the noggin.

Baseball’s concussion protocol requires that a game be stopped and a player evaluated on the field by a trainer if there is an episode that carries a substantial risk of concussion. If the trainer detects any signs of a concussion, the player must be removed and examined further. None of this happened after Gardner’s collision with the wall. He finished the game, going hitless.

Asked about his head later, Gardner said that he felt good. But the protocol isn’t up to the player, nor should it be. Players often refuse to acknowledge injuries, and Gardner is the perfect example of the kind of player who won’t. He is famously tough, and he is also a veteran on a Yankee team with several hungry young outfielders who would love to take his job. It was a Yankee first baseman, after all, who took a rest for one game and lost his job to Lou Gehrig, permanently. Nobody wants to be the next Wally Pipp. Continue reading →

Morning Ethics Warm-Up, 6/21/18: Assholes, Frauds, And Hypocrites

June 21, 2018June 21, 2018 / Jack Marshall / 42 Comments

Good morning!

1. “A Nation of Assholes” Update: A congressional intern, can be heard yelling, “Mr. President, fuck you!” at President Trump this week as he arrived at the Capitol for a meeting with Republican lawmakers, as heard in a video clip recorded by NBC’s Frank Thorp. Nice. This is what “the resistance” and allied Democrats—and Robert De Niro, Samantha Bee, Stephen Colbert and the rest, like Peter Fonda, Jane’s younger, less talented brother, who tweeted, “We should rip Barron Trump from his mother’s arms and put him in a cage with pedophiles and see if mother will stand up against the massive giant asshole she is married to”— have produced. Hold them accountable. Hold the members of Congress who employs her responsible too: she obviously is reflecting the attitude she absorbs in the office all day long.

As that 2015 post makes clear, making someone like Trump our leader, and thus our culture’s ethics role model—yes, that’s how leadership works—does lead to this kind of disgusting, divisive and un-American conduct. However, it doesn’t justify those who sink this low. She must be identified and fired. Those rationalizing her outburst should be rebuked, just as those who tried to justify Rep. Joe Wilson’s unforgivable “You lie!” during an Obama State of the Union address should have been rebuked.

Besides, after she is fired, MSNBC will probably give her a show.

2. You know, such incidents are making it hard for me to maintain my ethical objections to boycotts. Department of Homeland Security Secretary Kirstjen Nielsen was having a working dinner at Cocina Mexicana, a popular Mexican restaurant in Washington, DC. Protesters from the Metro DC Democratic Socialists of America entered the restaurant and began harassing her, based on the controversy over the handling of illegal immigrant families at the Mexican border. You can read their content-free chants here; the only one that interests me is “”No borders! No walls! Sanctuary for all!”, which is signature significance for a lawless, ignorant fool. She had to leave after about ten minutes.

Why were the protesters allowed to enter the restaurant and interfere with a customer’s meal? It doesn’t matter who the diner is: the establishments duty to is treat guests as guests while they are in the establishment. Has Cocina Mexicana apologized to Nielsen? It doesn’t matter, really: that kind of abuse should not be permitted even once. Are we now going to have establishments segregated by ethnicity and sympathy for open borders?

I won’t eat there, even if someone else is paying. Continue reading →

The NBA Coach, The Secrets, The Loving Wife, And Twitter

June 21, 2018June 21, 2018 / Jack Marshall / 23 Comments

The Colangelos (though she goes by the name of Barbara Bottini)

This isn’t exactly a social media ethics story, not entirely. Yes, it reinforces the Ethics Alarms position that Twitter makes you stupid, and that it is an ethics disaster waiting to happen for the impulsive and the unwary. The main ethics lesson, however, lies elsewhere,

Bryan Colangelo resigned as the president of basketball operations for the Philadelphia 76ers two weeks ago despite leading his perennially doormat team to the NBA play-offs this season for the first time in many years. He resigned in the middle of a Twitter scandal. The Ringer, a sports website, received an anonymous tip from someone who claimed that he or she had linked five anonymous Twitter accounts to Colangelo. The accounts had all tweeted about internal matters relating to the 76ers players, personnel and business, even, in one tweet, defending Colangelo for his eccentric shirt collar style, which had been the topic of some social media mockery.

The Ringer contacted the 76ers, but only told the organization about two of the suspicious accounts, not all five. Colangelo informed the team that one of them, @Phila1234567, was indeed his, but insisted that he had never posted anything using it. Coincidentally, or probably not, the other three accounts that the Ringer had not revealed were suddenly switched from public to private after the 76ers had their little talk. After the Ringer published The Mystery Of The Insider Tweets, the 76ers hired a large New York law firm to conduct an independent investigation. Over the course of a week, the firm collected several suspicious laptops and mobile phones (well, it was the owners who were really the suspected ones; you can’t blame the devices), and retrieved text messages and emails. Investigators also analyzed the involved Twitter accounts to try to determine who was behind them. Continue reading →

Morning Ethics Warm-Up, 6/20/18: Darrow, Damn Technology And Dunkin’ Donuts

June 20, 2018June 20, 2018 / Jack Marshall / 23 Comments

Good Morning!

1. Shameless self-promotion Dept. Once again, I am presenting my three-hour Clarence Darrow and modern attorney ethics CLE program for the D.C. Bar, and later this summer, Virginia CLE will be sponsoring the same seminar in Richmond and Northern Virginia. As always, my partner and collaborator in All Things Darrow is esteemed D.C. actor (and American University law school instructor, and, I am proud to say, my friend) Paul Morella, who has been Darrowing since he premiered my one-man show about the great and flawed lawyer in 2000, for The American Century Theater. His website is here. This is Paul…

Paul is a lot taller, thinner and better looking than Darrow, and unlike Clarence, he also bathes regularly. It doesn’t matter. I can’t recommend his show, which he performs for bar associations and legal groups around the country, more highly, and would feel this way even if I hadn’t written it. Of course, any group that wants Continuing Legal Education credits can also book today’s seminar, which has many of Darrow’s greatest courtroom orations, but also legal ethics commentary from me.

2. Ah-HA! NOW I understand why I’m being sued for defamation! This is in the “This comes as no surprise” category, but it still explains a lot. The Pew Research Center just released a survey that demonstrates that a large proportion of the public can’t distinguish facts from opinions. The main portion of the study measured the public’s ability to distinguish between five factual statements and five opinion statements. Pew found

“…that a majority of Americans correctly identified at least three of the five statements in each set. But this result is only a little better than random guesses. Far fewer Americans got all five correct, and roughly a quarter got most or all wrong. Even more revealing is that certain Americans do far better at parsing through this content than others. Those with high political awareness, those who are very digitally savvy and those who place high levels of trust in the news media are better able than others to accurately identify news-related statements as factual or opinion.”

I challenge that last part. It may well be that those who place high levels of trust in the news media could distinguish between fact and opinion in those ten statements, but it doesn’t change the fact (now this is my opinion, but I still believe it is demonstrably true) that the news media distorts what it represents as facts based on journalists’ biased opinions. Continue reading →

Morning Ethics Warm-Up, 6/18/2018: Moral Luck, Non-Hypocrisy, Hypocrisy, Thomas Jefferson And WKRP

June 18, 2018June 18, 2018 / Jack Marshall / 25 Comments

Good morning, Monticello, everyone…

1 The Inspector General’s Report and Tales of Moral Luck: Stop me if you’ve heard this one: FBI staffer Peter Strzok, working on both the Hillary Clinton email investigation and the Russian collusion investigation, received a text from Lisa Page, Strzok’s co-worker and adulterous lover, that read, “[Trump’s] not ever going to become president, right? Right?!” Strzok replied, “No. No he won’t. We’ll stop it.”

September of 2016, the FBI discovered that Clinton’s illicit emails had somehow ended up on the laptop of disgraced former Congressman. Anthony Weiner, who is married to Hillary’s top aide and confidante, Huma Abedin. Strzok, we learn in Michael Horowitz’s report, was instrumental in the decision not to pursue the lead, arguing that the Russia investigation was a “higher priority” at the time.”We found this explanation unpersuasive and concerning,” the report concluded. The laptop was available from September 29 until October 27, when “people outside the FBI” finally forced the FBI to act on the evidence. “The FBI had all the information it needed on September 29 to obtain the search warrant that it did not seek until more than a month later,” the IG report stated. “The FBI’s neglect had potentially far-reaching consequences.”

“Comey told the OIG that, had he known about the laptop in the beginning of October and thought the email review could have been completed before the election, it may have affected his decision to notify Congress,” the IG report says, and also states,

“Under these circumstances, we did not have confidence that Strzok’s decision to prioritize the Russia investigation over follow up on the [Clinton] investigative lead discovered on the Weiner laptop was free from bias.”

Got that? The IG believes that anti-Trump, pro-Hillary bias led Strzok to delay the Weiner laptop investigation, and it may have backfired, helping Trump and hurting Clinton rather than the reverse. But the fact that moral luck took a hand and foiled his intent doesn’t change the fact that this is strong evidence that partisan bias DID infect the Clinton investigation, and probably the Russian inquiry as well. This makes the media’s spin that the IG report dispels accusations of bias even more unconscionable.

That Strzok’s biased and unethical tactics to help Hillary intimately failed spectacularly doesn’t change or mitigate the fact that a prime FBI staff member was intentionally trying yo manipulate the investigation for partisan reasons.

2. The Web thinks you’re an awful person. A tease from a “sponsored site” in the margins of my NBC Sports baseball feed says, “Jan Smithers starred in hit sitcom “WKRP in Cincinnati.” Try not to smile when you see what she looks like now!” Wait…what’s that’s supposed to mean? Is she a circus clown? No, these and similar come-ons apparently assume that normal people love mocking formerly beautiful young stars when they no longer look young. “Heh, heh..well, Jan Smithers, I guess you’re not so hot now, are you? What kind of person takes pleasure in the physical decay of others just because they were once gorgeous?

Actually, the photo of Jan Smithers did make me smile, because unlike, say, Jane Fonda,

…who at 80 has allowed plastic surgeons to make her look like one of the fragile immortal female ghouls who shatter into pieces at the end of “Death Becomes Her,” Smithers (who is younger than me and a decade and a half younger than Hanoi Jane) has allowed herself to age naturally, and by my admittedly biased lights, is lovely still: Continue reading →

Mayor De Blasio, Mrs. De Blasio, And Rationalization #68: The Volunteer’s Dodge, Or “You Don’t Pay Me Enough To Be Ethical!”

June 13, 2018June 13, 2018 / Jack Marshall / 11 Comments

New York City’s Mayor Bill de Blasio (D), an unapologetic social justice warrior and crypto-socialist, installed his wife, Chirlane McCray, as the executive director of the Mayor’s Fund to Advance New York City, NYC’s nonprofit foundation. Under the previous mayor, the Fund had raised tens of millions of dollars annually for a wide range of projects, from anti-poverty initiatives to Superstorm Sandy recovery. McCray cannot receive a salary for her job, though the mayor has complained bitterly about this. Nepotism is outlawed under the City Charter in Chapter 68 which forbids public servants using their positions “to obtain any financial gain, contract, license, privilege or other private or personal advantage, direct or indirect, for the public servant or any person or firm associated with the public servant.”

Under the leadership of McCray, fundraising for the Mayor’s Fund has stalled. In the Bloomberg years, the nonprofit raised an average of $32 million per year, while under Mrs. de Blasio’s stewardship it has raised an average of $22 million annually, a third less. This may be explained in part by the fact that she often isn’t working at her job. She has attended fewer than half of the meetings of the Fund’s board, and spends just an hour each week on the foundation’s business. It is June, and the New York Times reports that she hasn’t visited the Fund’s offices in 2018, and was largely absent in the latter half of 2017. As the fund’s revenues have dived, its expenses have soared 50% since she took over, with the organization moved into bigger offices. The Fund also supports fewer projects.

Sniffs the Times in an editorial, “the Mayor’s Fund under Mr. de Blasio and Ms. McCray has done less with more.”

De Blasio, who has pretty much solidified his reputation as a jerk, defended his wife by saying that she had done “an extraordinary job,” insisting to critics that “You’re missing what her work is about.”

Her work is about raising money, and she’s not doing that very well. As the Times says, the first rule of fund-raising is to show up. Mrs. Mayor helpfully added, “It’s not about who can raise the most money.” Wait, what? Has anyone explained to her what her job is?

Then de Blasio said this, thus causing the proverbial light bulb to go off in my head, as he perfectly illustrated a rationalization that has somehow missed inclusion on the Ethics Alarms Rationalizations List:

“She does all that for zero dollars a year.”

“All that” meaning “a crummy job.”

Say hello. Mr. Mayor, to… Continue reading →