Afternoon Ethics Warm-Up, 3/26/19: The “What’s Going On Here?” Edition

/ Jack Marshall / 31 Comments

Hello, Spring!

1. On the down side, “The Smollett Report” Explain this one: Attorneys for “Empire” actor Jussie Smollett announced today that all charges against him have been dropped.Smollett was indicted on 16 felony counts related to making a false report that he was attacked by two men. The two men were found and implicated Smollett, and the evidence that it was hoax appeared overwhelming.  A minimum condition of dropping cases requires some acceptance of responsibility, but the actor still professes that he’s innocent. “I’ve been truthful and consistent on every single level since day one,” he said.

What’s going on here? I have no idea, but the word “Chicago” keeps popping up in my head.”

2. Talk about a parallel universe! I had never seen this [Pointer: Althouse]: President Obama’s statement after the 2016 election:

“You take the baton, you run your best race, and hopefully, by the time you hand it off, you’re a little further ahead. You made a little progress. I want to make sure that hand-off is well executed because, ultimately, we’re all on the same team….

Everybody is sad when their side loses an election, but the day after, we have to remember that we’re actually all on one team. This is an intramural scrimmage. We’re not Democrats first. We’re not Republicans first. We are Americans first.

This was a long and hard-fought campaign. A lot of our fellow Americans are exultant today. A lot of Americans are less so, but that’s the nature of campaigns. That’s the nature of democracy. It is hard and sometimes contentious and noisy. It’s not always inspiring.”

“Sometimes you lose an argument. Sometimes you lose an election. We try really hard to persuade people that we’re right, and then people vote, and then we lose. We learn from our mistakes. We do some reflection. We lick our wounds. We brush ourselves off. We get back in the arena. We go at it. We try even harder the next time.”

Continue reading →

Ethics Hero: Richard Schwartz, Responsible Citizen, And How His Experience Explains Donald Trump

/ Jack Marshall / 14 Comments

Want to know why people are mad as hell and aren’t going to take it any more, so they decide to vote for anyone who appears to be outside the elite cabal that pretends to deliver “democracy?” Here’s a striking example.

During a public comment period during a Seattle city council meeting, Richard Schwartz came to the podium to make his case. He was troubled, as he should have been, that most of the council members were not looking at him, or appeared to be listening. Most were looking at their computer screens or smart phones, scrolling and apparently doing other tasks, or looking at porn, for all he knew. So instead of meekly accepting the disrespect and rudeness of his elected municipal representatives, he called them on it.

“It’s real discouraging to come up here and see all the heads down…,” he began, but Councilwoman Debora Juarez, who was presiding,  interrupted , saying “You’re on a two minute timer here, so let’s go.”

Schwartz professed puzzlement at the response, and after standing silently for several seconds, he asked,

“So it was unreasonable for me to ask that people look up and give me their attention?” Juarez answered by telling him that he only had only a minute and 30 seconds left, and lying, saying that he had their attention, when he obviously did not.

Discarding his prepared statement, since it was obvious that the City Council would only observe its obligation to take public comments in form rather than in good faith, Schwartz said that this was why he came to comment: “the state of our democracy.”  He pointed out that when State Rep. Pramila Jayapal (D-Seattle) spoke in a public comment session the previous week,  she was four or fine minutes and the council was attentive, while everyone else at that session was limited to a single minute.

“It reminded me of George Orwell’s famous line from ‘Animal Farm’ about how all animals are equal, but some animals are more equal than others,” Schwartz continued. And that’s how I feel like I’m being treated now, just because I was kind of asking for your attention, like I noticed you all were very attentive to Ms. Jaypal last week. And I immediately got a hostile response back from you. I don’t understand that.”

With no response, he asked the council members if they ever responded to constituents.  Juarez told him his time was nearly up, as her colleagues either tended to their phones or looked bored.

“Well, it’s all on tape and I think it’s a pretty sad commentary that you think that asking for you guys to look up off of your computers and give attention during the short period of time was an unreasonable thing,”  Schwartz  said. “I really feel bad about that.”

He should feel bad about that. We all should. Democracy doesn’t work when elected officials treat the public this way; it can’t. This is democracy in name only. The stunning thing is that Seattle’s city council is so corrupted by their own sense of entitlement, wisdom and certitude that no ethics alarms pinged when an engaged voter begged them to pay attention to him for a couple of minutes.

For a second straight post, let me reference this November 9 whine-fest by feminist Jessica Valenti called, “How do I tell my daughter that America elected a racist, sexist bully?” Continue reading →

Ethics Quote Of The Month (And Signature Significance): CNN Contributor Van Jones [Updated]

/ Jack Marshall / 26 Comments

“There’s an honest level of sadness and disappointment and disorientation among progressives and Democrats and I think it goes deeper than just what’s in the report.”

—CNN contributor and former Obama aide Van Jones, explaining how Democrats needed “a chance to be sad”  and to “grieve” about the Mueller investigation’s findings.

And there it is. Progressives and Democrats are inconsolable that the 2106 election was clean, that an American President didn’t betray his country by conspiring with a hostile power to steal his office, and that our elected leader, and that we do not have a looming constitutional crisis.

I hope readers will excuse my posting a perhaps disproportionate amount on the post-Mueller Report reactions, but understand: early in 2017 I marked the Democratic/progressive effort to undermine this President, his ability to govern, and the legitimacy of his election at a terrible cost to the nation as perhaps the most serious national ethics breach in recent history, certainly since I have been writing Ethics Alarms. It cannot be over-emphasized how crucial it is that as much of the public as possible that is still capable of rational thought understands what was attempted here, and indeed to some extent achieved, to the nation’s—one hopes not permanent–detriment. We need to be grateful for corrupted and ethics alarms-lacking progressive messengers like Jones, who don’t understand how repulsive this confession sounds to normal people. They are showing us the truth. Continue reading →

Morning Ethics Warm-Up, 3/25/2019: Woke Up Really Sick Of Democratic Party BS This Morning. I’m Sure I’ll Get Over It…

/ Jack Marshall / 25 Comments

Good Morning!

…as the Mueller report lets the sunshine in…

1. Thank goodness judges don’t bake cakes…the American Bar Association’s Standing Committee on Ethics and Professional Responsibility have issued Formal Opinion 485. It holds that judges who perform marriages, either as an obligation of their office or by choice, may not refuse to do so for same-sex couples. The opinion emphasizes that regardless of their backgrounds, personal views or philosophies, judges must follow the law and act impartially, free from bias or prejudice.

I’d say the opinion is unassailable for a judge who regularly performs marriages  as a mandatory part of his or her job. A judge who is not so required, presumably, can choose not to perform any marriages at all. I bet some judge will challenge the proposition, however, that a  religion-based refusal to perform an optional civil wedding is per se “bias or prejudice.” [Source: Legal Ethics in Motion]

2. Welcome to my world...This week I am doing several ethics programs, one of which (not in legal ethics) I have presented over many years. Last year, I was told that the 2 hour program I had been presenting to the group only needed to be 90 minutes, so the materials I prepared and submitted indeed covered that amount of time, as did my presentation.  This year, I again prepared for 90 minutes. Now, looking at the conference’s two-day program, I see that my seminar is listed in the program as two hours again. That’s a mistake, but it’s too late to correct it: the attendees plan on getting professional credit. So what is my most ethical response? I could…a) stretch the material to two hours, but that’s a 30 minute stretch. b) At my own expense, create an additional 30 minutes of material, copy the materials, distribute them, and never mention that the conference manager, my long-time contact, screwed up. c) Use this crisis as leverage to negotiate a supplement to my fee for the necessary upgrade. d) End after 90 minutes, tell the attendees why, and suggest that they take up the matter of the missing credit with the conference organizers. e) Do the upgrade, present it, and then bill the conference for my time. Continue reading →

More Ethics Observations On The Post-Mueller Report Response

/ Jack Marshall / 24 Comments

1.The video montage above is the “Nah, there’s no mainstream media bias” smoking gun for all time.

2. If the Democratic Party had competent and ethical leadership, this is what those leaders would do right now. They would thank Robert Mueller for doing a thorough, professional and objective  job under difficult circumstances. They would say that that American needed to be assured that there were no illegal and wrongful efforts by the President, his campaign and his party to conspire with a foreign power to undermine a fair election. They would say that they look forward, now that the cloud hanging over the White House has been removed, and President Trump’s assertion that there was no wrongdoing has been confirmed, to working with President Trump in the spirit of cooperation and mutual concern for the national interests, without rancor or recriminations, and hope that he will do the same.

They would also, not publicly, instruct elected officials from their party to accept the conclusions of the report, to be gracious rather than bitter, to end what will now appear to be vindictive investigations, and to get on with the job of governing.  This is a grand opportunity for them to regain the respect of the non-hate polluted public, and to behave like adults, patriots and statesmen for the first time since November, 2016.

If they don’t do this, and it is already obvious that they won’t, it will demonstrate that the party is cowering in fear of its most radical and irrational base, that it is following rather than leading, that it has neither integrity, honesty, decency, or the sense God gave a marmoset. Continue reading →

Asshole vs. Asshole, And How To Avoid Starring In It

/ Jack Marshall / 12 Comments

If you are old enough, you may remember the long-running comic  in Mad Magazine called “Spy vs Spy.” It was kind of a wordless Roadrunner cartoon with a Cold War vibe, and not especially funny, but I just thought of it for the first time in decades. (Incredibly, it is apparently still running in Mad, though the magazine itself is sinking fast.) I was considering this ridiculous story…

…It started small, but disputes over a Kansas man’s alleged violations of his homeowner association’s rules has led to a complex legal battle that is now the most expensive of its kind. Owner Jim Hildenbrand, has been locked in conflict with the HOA of Avignon Villa Homes since he moved there in 2012…

What began with a disagreement over the placement of a satellite dish and a decorative wall has escalated into a legal back-and-forth that has cost both parties at least a combined $1 million. It is the most expensive HOA dispute in the country.

It is also yet another example of the increasingly common societal phenomenon of “Asshole vs. Asshole.” These are ethics breakdowns where two parties in disagreement decide that making the other side pay for daring to have an adverse position overwhelms whatever the original objectives of the two parties were. It is reminiscent of the kinds of disputes parents—the good ones, anyway–arbitrate between siblings. “You’re both right,” Mom or Dad will say, “And you’re both wrong. You have reached the point where the escalation of anger and retaliation is the problem, not what you think you are arguing about.. Work it out. Compromise. See it from the other one’s perspective. And if you don’t, we’re going to punish both of you.”

In the case of Mr. Hildebrand and his fascist Home Owner Association, both sides say it’s the principle of the thing. As any reader hear know, I am a believer in and a practitioner of taking stands for principle, but knowing when this is essential (Do NOT apologize for speaking the truth or bucking the mob) and destructive is a critical life skill. The trick is keeping emotion out of it, and engaging in ethics problem solving. Asshole vs Asshole occurs when hate, and anger, and the desire to teach that jerk a lesson blinds both parties to common sense, the Golden Rule, and the human duty to seek peace, not war. Continue reading →

Sunday Ethics Refresher, 3/24/2019 [PART II]: Bill of Rights? What Bill Of Rights? [CORRECTED]

/ Jack Marshall / 35 Comments

Now it’s “Good afternoon!”

Sunday’s depressing ethics potpourri continues…

3. Psst! San Antonio! This is unconstitutional! The San Antonio City Council rejected  Chick-fil-A ‘s application for a site at its airport this week because the company’s foundation has contributed to organizations that oppose same-sex marriage

Councilman Robert Treviño told the news media that the council made the decision based on “inclusivity.”

“With this decision, the City Council reaffirmed the work our city has done to become a champion of equality and inclusion. San Antonio is a city full of compassion, and we do not have room in our public facilities for a business with a legacy of anti-LGBTQ behavior. Everyone has a place here and everyone should feel welcome when they walk through our airport.”

Have these fools and censors even read the Bill of Rights? A government can’t penalize a business because it doesn’t like the opinions of its owner or management. This is viewpoint discrimination, and a screamingly obvious First Amendment violation. As Chick-fil-A accurately pointed out in its response, no one has ever been refused service or treated differently in one of the company’s restaurants because of race, gender, ethnicity, sexual orientation or gender identity. That’s their LGBTQ “behavior,” not their entirely legal and protected choice of charities and non profits.

Once again from the Democratic Party and the Left we whiff the rotten stench of nascent totalitarianism. Believe as we do, or be punished. This is the same company several Democratic mayors said were not welcome in their cities. Once again, this unconstitutional and undemocratic act by San Antonio’s Democrats is assured of a reversal by the Supreme Court, and if Justice Ginsberg still has most of her marbles and Sotomayor isn’t chasing rainbows and unicorns, it ought to be a 9-0 vote.

Local government actions like this ought to concern followers of both parties equally. The First Amendment should not be a partisan issue. Continue reading →

Sunday Ethics Refresher, 3/24/2019 [PART I]: Bad News And Disenchantment

/ Jack Marshall / 13 Comments

It will be a

Good morning!

if I stay away from the network talking head shows…

1 Nah, there’s no mainstream media bias! Ann Althouse has a valid observation (some commenters feel it has been obvious for a long, long time) this morning…she writes in part,

I’m seeing 2 big examples of how the media are reporting good news for Trump this weekend. It’s really embarrassing for them because the 2 stories are very big and very good for Trump and, in both, the same move is made to turn it into something negative and ominous.

1. The Mueller investigation has concluded, and though we can’t read it yet, we know that it means that there will be no charges against Trump or any of his people that have to do with colluding with Russians to affect the election. Though some Russians were charged and some of Trump’s people were charged with lying to investigators, the whole reason for the special investigation seems to have been a phantom. After 2 years of uncertainty and anxiety, this is an immense relief and vindication for Trump. Fantastic, upbeat news. Now, here’s how the NYT is presenting the story on the top, left corner of its front page:

As Mueller Report Lands, Prosecutorial Focus Moves to New York

The work by the special counsel, Robert S. Mueller III, may be done, but prosecutors in Manhattan and elsewhere are pursuing about a dozen other investigations.

It all but ensures that a legal threat will continue to loom over the Trump presidency.

2. Under Trump, the Islamic State has been ousted entirely from the territory it had taken over. This is a distinct, satisfying military victory in what has been a long and difficult war. It is the second story on the NYT front page right now, where it looks like this:

THE ISLAMIC STATE

Its Territory May Be Gone, but the U.S. Fight Against ISIS Is Far From Over

• Thousands of Islamic State fighters are still at large in Iraq and Syria, rearming and regrouping.

• The U.S. and its partners still face significant battles against the group elsewhere, in Afghanistan, West Africa and the Philippines.

So watch for it. The rule is: When something good for Trump happens, find the nearest bad thing and make that the focus of the news report.

No other U.S. President has been treated like this by the news media, and this treatment has been consistent from the beginning of his administration. It’s goal, and effect, is undermine public trust and distort public perception. Continue reading →

Comment Of The Day: “Unethical Prosecution, Incompetent Jury: Once Again, ‘Sorry’ Isn’t Enough.”

/ Jack Marshall / 4 Comments

The recent post about a Louisiana man sent to prison for 36 years when procsecutors and a jury ignored the fact that the evidence didn’t meet the standard for guilt beyond a reasonable doubt  sparked many excellent comments. The tongue-in-cheek suggestion by a commenter that failure to dispense criminal justice competently should earn the same fate as Admiral Ozzel in “Star Wars”—he was strangled to death by an angry Darth Vader’s Dark Force powers—inspired long-time commenter mariedowd to write this Comment of the Day regarding juries, prosecutors and professionalism:

I agree the Ozzel is far too harsh. I think it is hard enough to get reasonably educated and alert jurors. Adding a risk when  they don’t really understand the proceedings and follow along when one set of lawyers plays their sympathies or fears better than the other will not improve the situation at all.

 I think jury pools should not be linked to voting rolls, because it discourages registering and voting. Non-voters fear the loss of income and time that comes with jury service,  AND their vote never accomplishes anything (they think), so why bother? I once got a preliminary  call to jury duty halfway across the state when I had serious mobility problems.  I was looking at hundreds to thousands of dollars in lost income for a long Federal case. The threat of costs and holes in lives pushes away competent, aware citizens, leaving a high percentage of jury membership  to the fringes, and fringes have  axes to grind.

Maybe we should attach jury selection to Social Security, as that is a larger pool Using drivers’ licenses is also a possible improvement, because it ties into citizenship.  Let’s make jury service less of a sacrifice for people who cannot dump their daily duties for unknown periods with the threat of lost income.

Maybe proximity to the courts should factor into selection, so travel isn’t such a problem. For a courtroom 70 minutes, away my elderly mother was supposed to travel to a strange town by  bus for an 8 am call. She simply does not have the energy for all that back and forth, even though she is alert and would make be a competent juror. Jury deliberations should be a juror’s burden, not getting to court: you can’t concentrate on the case if you ache from the journey. I don’t know exactly how to fix this, but the current system sorts out some good potential jurors while attracting less desirable varieties. Continue reading →

Ethics Emanations From The Great Mueller Report Disappointment

/ Jack Marshall / 44 Comments

The mainstream media—mostly–continues to disgrace itself in the wake of the Mueller report, as do others, like the despicable Bill Maher. I can’t wait to see how Stephen “Cockholster” Colbert tries to spin it, while being hilarious, of course. Remember, this was a destructive smear on the character, patriotism and loyalty of a newly elected U.S. President, launched without any justification other than the fact that Democrats , and especially Hillary Clinton, cannot accept the fact that someone like the real estate mogul/ reality TV star could beat the party’s coronated successor to the Great Obama. Surely, some sinister conspiracy had to be at work. Based on this, and nothing else, we have  seen a nearly three-year, oppressive inquiry interfering with the President’s ability to govern, while subjected to a non-stop barrage of news reports finding looming impeachment in every leak.

Ethics Alarms flagged it as the coup attempt it was from the beginning. This didn’t require any special acumen. All it required was objectivity, common sense, and a rueful appreciation of how totalitarian the Democratic Party has become in its values and tactics.

Some notable and illuminating reactions, and some heroes and villains…. Continue reading →