Morning Ethics Warm-Up, 11/12/2017: Prisoners Behaving Badly, The Harvey Weinstein Ethics Train Wreck Picks Up The Brother Of “The Girl Next Door,” And The Attempted Coup Continues

/ Jack Marshall / 9 Comments

Good Morning!

On the way to Boston soon for an in-and-out ethics seminar for young Massachusetts lawyers…

1 Why is the New York Times acting as if the 2016 campaign is still going on? Today’s Sunday Times includes a long scold from the Times editors urging the President to “please read the Constitution.” Then it reaches back all the way to 2015 for TrumpTweets that proposed or mused about Constitutionally impossible policy ideas. How does the Times know that the President’s Constitutional acumen hasn’t been enhanced since 2015? It doesn’t, of course. The criticism would be legitimate during a campaign, but a year after an election, it tells us only this: The New York Times is still in the mode it announced during the campaign. The existence of Donald Trump, in its view, justifies the suspension of journalism’s core principles. In the view of many of the Times’ voices on its op-ed page, his existence also justifies the suspension of the Constitution that the paper piously insists the President read. The Times editors have not told those who have claimed in its pages and from the floor of Congress that President Trump should be impeached based on no “high crimes and misdemaeanors” to read the Constitution. It didn’t tell Hillary Clinton to “read the constitution” when she advocated “the Australian approach” to gun control, or grandstanding Democrats in the House to ‘read the Constitution” when they behaved as if the right  of Due Process didn’t exist, so citizens arbitrarily placed on a no-fly list by the FBI could nonetheless be denied the right to own a gun. It didn’t tell “the resistance” to “read the Constitution” when it attempted to distort the operation of the Electoral College to undo the President’s election.

“He has showed disdain for the separation of powers by repeatedly attacking the federal judiciary and individual judges who have ruled against him.” the Times sniffs, but it did not tell Barack Obama to “read the Constitution” when he attacked the U.S. Supreme Court in a State of the Union address. Then the Times goes off into the hyper-partisan stratosphere, suggesting that its editors also need to “read the Constitution”:

He has abused the pardon power by granting his first, and so far only, pardon to a former sheriff who was found in contempt of a federal court for defying an order. And he has failed to take care that the laws are faithfully executed, whether by trying to sabotage the Affordable Care Act, leaving hundreds of critical executive branch positions vacant or threatening to prosecute his former political opponent.

The Constitution places no limits whatsoever on the pardon power; it is absolute, beyond appeal, and can’t be abused as a matter of Constitutional law. The Times’s definition of the duty to faithfully execute the laws is incomprehensible, since it did not object to Barack Obama circumventing crystal clear laws against illegal immigration by ordering them not to be enforced, or when the Obama administration refused to defend the Defense of Marriage Act while it was still a valid law signed by the previous Democratic President. The Constitution does not demand that the Federal government be a bloated, deficit-making bureaucracy; the President, not the Times, gets to decide what positions are “critical” in the Executive Branch. That’s in the Constitution. As for “threatening to prosecute his former political opponent.,” the President’s statements regarding Hillary Clinton can be and should be taken as questioning whether the Justice Department under Barack Obama was placing its thumb on the sales of justice for political purposes.

It is increasingly beyond argument that the mainstream news media, led by the Times, is trying to abuse its Constitutionally enshrined immunity from responsibility to engineer a virtual or actual coup. That is dangerous and unforgivable, as well as directly contrary to how the Founders wanted our democracy to operate.

2. I checked the news early this morning to learn the identity of the latest celebrity to have a finger pointed his way as a chorus shouts “HARASSER!” To my surprise and alarm, I discovered that the Harvey Weinstein Ethics Train Wreck had entered my world: jet-set hotelier André Balazs was accused by actor Jason Bateman’s wife of groping her crotch in 2014. André Balazs grew up across the street from my childhood home in Arlington, Massachusetts. His sister, Marianne, was a good friend and classmate all the way through high school. I knew André as Marianne’s annoying little brother.

It appears that the idea in Hollywood now is to accuse someone else before you or your significant other gets accused. This is because sexual harassment and misconduct has been an accepted part of power-player culture in Hollywood forever, even while the Left’s component of that culture proclaimed that the Right was wielding a “war on women.” The country should not forget how dishonest and hypocritical this was.

I never liked that kid…. Continue reading →

Comment Of The Day: “Fun With Witch Hunts! If The Harvey Weinstein Ethics Train Wreck Has To Run Over Someone, Roy Moore Is A Great Choice, But Still…[UPDATED]”

/ Jack Marshall / 15 Comments

OK, it could have been worse…

 I occasionally will vary from EA’s usual practice of publishing outstanding comments as Comments Of The Day to select one of the comments that is illuminating in a different way. This one, for example. Despite the Washington Post’s story featuring four romantic targets of Roy Moore from when he was a thirtyish Assistant DA who ranged from 18 to (oh-oh) 14, many of Moore’s conservative, evangelical, anti-gay, anti-US Supreme Court fans in Alabama…

….don’t seem fazed a bit. How can this be? The comment by Kat gives us a troubling glimpse into a) the kind of reasoning that leads to incompetents like Moore reaching high elected office; b) the typical level of discourse in the comments of most blogs and websites; c) the comments that I typically veto as not adding anything to the discussion here, and d) the end product of the U.S. public school system.

Here is Kat’s Comment of the Day, and yes, I sure as shootin’ will be back at the end…

Are you serious it has to be true because Moore is a bad guy why because he has Ethics and a Christian, give me a break. If the allegations are true that this girl has accuse pastors of the same thing then truth will come out! And to be credible I don’t believe her to be credible whatsoever if this horrible thing happened to her at 14 you don’t wait 38 years to say anything you tell your parents right away you tell the school made an interest in the other women all work for the Democrats and Hillary. I’ve seen many allegations against other Republicans come to be false! I am a woman I know women can say anything doesn’t mean it’s true ! To say you believe this just because you don’t like the guy try actually finding some evidence that’s what I noticed this country doesn’t do it believes any stupid thing someone says without actual any evidence and that’s dangerous ! When I find is not credible if someone waits for women wait until the month before the election and come out with us for 38 years no one says anything give me a break !

***

I’m back! Continue reading →

Comments Of The Day (2): “Desperate Ethics Quote Of The Week: Louis C.K.”

/ Jack Marshall / 8 Comments

There were two Comments of the Day  on this post.

The first is a lovely and compassionate one from Charlie Green regarding Louis C.K.’s eloquent admission of misconduct and appeal for forgiveness; the second, a reminder of the importance of forgiveness from Zoltar Speaks!, often at sword-points with Charles on other issues. Both are worthy of separate posts, and I hope Charles and Zoltar don’t feel slighted by being asked to share. In this case, I felt that the pairing was complementary.

First, here is the Comment of the Day by Charles Green on the post, Desperate Ethics Quote Of The Week: Louis C.K.

A friend said, and it rings true, “to be a comedian, you have to be afraid, confused, and conflicted; and all of them are very angry.” Indeed, it’s their confusion and anguished conflict that makes them so interesting to us.

The best thing Louis CK said in his response was, “It’s now time for me to listen.” Contrast that with Michael Richards’ anguished attempt to continually go public with his attempts at self-analysis and self-justification – an abject failure. When “there’s something happening here, and you don’t know what it is…” – apparently the case in for Louis CK – the one smart thing for him to do is shut up and listen. Deeply.

When you’re faced with a situation you honestly don’t understand, and your career depends on your continued inability to make sense of it, the dumbest thing you can do is to suddenly attempt public self-psychoanalysis.

Most comedians – think Joan Rivers, or Redd Foxx, Kathy Griffin or Sarah Silverman – have crossed the line a few times, and not just in jokes falling flat. That’s why they work out material in small late-night dive joints. We depend on, thrive on, their ability to walk just up to the line, and not cross over it. And some of them cross the line in their lives off-stage as well.

There’s no excuse for Louis CK doing what he did, and talented friends like Pamela Adlon will suffer collateral damage. He couldn’t see where the line was, and now he’ll bring down still more victims with him.

Among other things, it’s a shame.

***

Now Comment of the Day #2 on the same post, this time authored by Zoltar Speaks! Continue reading →

Two Unethical News Stories, One Conclusion [Updated With Poll]

/ Jack Marshall / 36 Comments

Story One, from Fox News:

Roy Moore accuser worked for Clinton campaign as interpreter, reports say

This is horrible, insulting, boot-0lick journalism. First, the proper response is “So what?” It is ridiculous to presume that anyone who works on a Democratic campaign is a Democrat. The janitors? The drivers? The caterers? Nonsense. It is ridiculous to suggest that someone who worked in the Clinton campaign in a non-political job would be inclined to falsify a story—to attack a Senate candidate in Alabama.  It is also ridiculous for Fox or anyone else to rush to defend a candidate whose presence on any ballot from Senator to dog-catcher is a blight on democracy, even if he had the romantic scruples of George Bailey.

Furthermore, of the four ex-teens who described encounters with Moore, Clinton’s interpreter is the one who painted Moore in the best light, saying that “nothing bad happened.”

Such forced and inept partisan defense maneuvers just reinforce the worst stereotypes about Fox  News, and also give credence to the rumor that the network is run by bonobos.

Bias makes you stupid. Stupidity makes you biased. And biased and stupid news reporting only works with biased and stupid viewers.

Story Two, from NBC News:

Continue reading →

Desperate Ethics Quote Of The Week: Louis C.K.

/ Jack Marshall / 36 Comments

Comedian/actor Louis C.K. has taken the high road in responding to his share of the wave of accusations coming at various show business and pop culture figures following the launch of the Harvey Weinstein Ethics Train Wreck with its Kevin Spacey caboose. The New York Times recently revealed the certifiably awful stories of C.K.’s disgusting conduct toward five women, and subsequent show business sources have confirmed that “everybody knew” Louis  was abusing his influence and power to harass women. Now the often thoughtful and provocative comic is fighting for his professional life, and has evidently decided that the wisest course is to be accountable, remorseful and contrite. Here is his statement:

I want to address the stories told to the New York Times by five women named Abby, Rebecca, Dana, Julia who felt able to name themselves and one who did not.

These stories are true. At the time, I said to myself that what I did was okay because I never showed a woman my dick without asking first, which is also true. But what I learned later in life, too late, is that when you have power over another person, asking them to look at your dick isn’t a question. It’s a predicament for them. The power I had over these women is that they admired me. And I wielded that power irresponsibly.

I have been remorseful of my actions. And I’ve tried to learn from them. And run from them. Now I’m aware of the extent of the impact of my actions. I learned yesterday the extent to which I left these women who admired me feeling badly about themselves and cautious around other men who would never have put them in that position.

I also took advantage of the fact that I was widely admired in my and their community, which disabled them from sharing their story and brought hardship to them when they tried because people who look up to me didn’t want to hear it. I didn’t think that I was doing any of that because my position allowed me not to think about it. There is nothing about this that I forgive myself for. And I have to reconcile it with who I am. Which is nothing compared to the task I left them with.

I wish I had reacted to their admiration of me by being a good example to them as a man and given them some guidance as a comedian, including because I admired their work.

Continue reading →

Morning Ethics Warm-Up, Oh NOW It’s Veterans Day, 2017: Notes On A Witch Hunt, More Moore, And More

/ Jack Marshall / 23 Comments

Good Morning!

(And thanks for your service, your sacrifice, your guidance, pretty much everything, dad.)

1 In the last 24 hours, Actress Ellen Page has accused director Brett Ratner of sexually harassing her on the set of “X-Men: The Last Stand;”  Richard Dryfuss, whose son was one of the recent accusers of Kevin Spacey, was accused of exposing himself to LA writer Jessica Teich as part of regular harassment while they worked on a TV show in the 1980s (Dreyfus: “: “I emphatically deny ever ‘exposing’ myself to Jessica Teich, whom I have considered a friend for 30 years,…I did flirt with her, and I remember trying to kiss Jessica as part of what I thought was a consensual seduction ritual that went on and on for many years. I am horrified and bewildered to discover that it wasn’t consensual. I didn’t get it. It makes me reassess every relationship I have ever thought was playful and mutual.”); ER star Anthony Edwards accused producer and writer Gary Goddard of in a Medium essay of molesting him when Edwards was a child, and  George Takai, “Sulu” to you, was accused by a former male model of groping him in 1981.

NOW can we call it a witch hunt? If you want to kick a successful Hollywood figure’s career in the groin: accuse him of sexual misconduct! If your own career is flagging and you would like some publicity, and interview, and some ink, accuse someone of sexual misconduct! Do it fast, before someone else dredges up a story about you turning a blind eye to a friend, mentor, or another powerful figure’s misconduct. By all means, don’t make these accusations in formal settings and in a timely fashion so they can be proven or disproven, and so the accused has anything resembling due process and procedural fairness. No, the objective is to simultaneously signal, as quickly and loudly as possible, your #MeToo status, place yourself inextricably in the victims camp, and do maximum damage. By guaranteeing that all of these juicy accusations are lumped together in the media’s feeding frenzy, the legitimate accusations are indistinguishable from the dubious ones.

Quick! Board the Harvey Weinstein Ethics Train Wreck before it leaves the station! And be sure to drag someone on board with you!

2. Waiting 30 plus years to make a public, previously unrevealed accusation of sexual misconduct that will do maximum damage to the accused while ensuring that, guilty or not, that individual cannot convincingly defend himself, should be reserved for only the most egregious examples of serial sexual predators, like Bill Cosby, Harvey Weinstein, and, apparently, Kevin Spacey.

3. George Takai is a an example of how unjust the current mania is. A minor cult figure in the “Star Trek” fan base, Takai had emerged as a champion of gay marriage and built a career resurgence, doing TV commercials, speaking engagements and picking up cameo roles in low budget films. That’s all probably dead now. He provoked this late and fatal hit on his reputation by what his accuser, Scott R. Brunton, wrongly thought was hypocrisy.

Here, via the Hollywood Reporter, is  how Brunton came to attack Takaei now, 37 years after “Sulu” allegedly sexually assaulted him in Portland while playing the role of The Sympathetic Predator: Continue reading →

The IRS Scandal: “I’m Sorry!” Is Not Enough, But That’s Apparently All Our Battered Democracy Will Get

/ Jack Marshall / 12 Comments

 

I’ve been holding a draft of this post for two weeks until I calmed down. You should read the first version.

The Treasury Department  agreed to  a “very substantial” settlement covering damages to hundreds of tea party groups following a class-action lawsuit over the obstructive, discriminatory IRS scrutiny they received when applying for tax-exempt status leading up to the 2012 election. According to court documents,  the IRS admitted wrongdoing and apologized for its conduct. The IRS stated,

“The IRS admits that its treatment of Plaintiffs during the tax-exempt determination process, including screening their applications based on their names or policy positions, subjecting those applications to heightened scrutiny and inordinate delays, and demanding some Plaintiffs’ information that TITA determined was unnecessary to the agency’s determination of their tax-exempt status, was wrong. For such treatment, the IRS expresses its sincere apology.”

That’s nice. Isn’t that nice?

The department did not disclose the amount of money handed out to over 400 organizations: “The [Internal Revenue Service]’s use of these criteria as a basis for heightened scrutiny was wrong and should never have occurred,” Attorney General Sessions said in a statement.  “It is improper for the IRS to single out groups for different treatment based on their names or ideological positions.”

Ya think?

The scandal began in 2013, when an IRS official admitted the agency had been aggressively scrutinizing groups with names such as “Tea Party” and “Patriots.” It later emerged that some liberal groups had been targeted, too, but in less aggressive ways and although in far smaller numbers. I hate to be suspicious, but if a Democratic administration’s tax agency agency in advance of an election wanted to hobble Republican and conservative groups, picking out some progressive groups to harass would be the smart move. In “Jack Reacher,” a sniper who wants to kill one target shoots five, so it looks like a random mass shooting. Same theory.

The IRS accelerated its special treatment of conservative groups around 2010, as the election approached, and Tea Party applications for tax-exempt status surged. Some court decisions had eased the rules for tax-exempt groups to participate in politics. Something had to be done, and some obama loyalists in the IRS apparently decided to do it. Or it was all one big misunderstanding.

After the scandal broke, there was a mass exodus from the IRS’s management. Conservative groups sued. Congressional Republicans launched  years of hearings, amid allegations the Obama White House had ordered the targeting. It was a futile effort. In earlier administrations, the news media would have been asking questions. A non-political Justice Department would have investigated hard, but Obama’s Justice Department was entirely constructed to protect the President and Democratic interests. The situation screamed for a Special Counsel. This wasn’t a matter of speculation: Something was rotten in Washington, D.C. A supposedly apolitical agency of the US Government, in advance of a national election with a Democratic President in office, used its power to interfere with the rights of conservatives to organize and participate in the democratic process. If the IRS employees involved were sufficiently partisan—and they were–no explicit orders from the White House were necessary. They knew what to do. Continue reading →

Morning Ethics Warm-Up, Sort-of Veterans Day, 2017:

/ Jack Marshall / 28 Comments

Good Morning!

1 I had to fix the title: today is being observed as Veterans Day by banks and other institutions, but it isn’t Veterans Day. Phooey. If a holiday is observed on a certain date, then in my terms, that is the holiday. No wonder the country is fatally confused all the time.

2. Well that was fast! I see that I have to write a “Stop Making Me Defend Roy Moore!” post. Yechhh.  The Left’s shameless virtue signalers are out in force representing a slug who repeatedly failed in efforts to date teens 40 years ago as a menace to womankind. Oddly, many of these same white knights dismissed Bill Clinton using an intern half his age as a sex toy in the Oval Office as “just sex.”  How can these people stand to be in the same room with themselves?

3. Former Vice President Joe Biden said in an interview with Oprah Winfrey that he believes he was the most qualified person to be president in 2016.

Yechhh. This is right up there with a losing team saying it was really the best team, but even worse. It’s like defaulting the decisive game because it’;s chilly outside, and making that claim.

“Oprah, no woman or man should announce they’re running for president unless they can answer two questions,” Biden told O. “One, do you truly believe you’re the most qualified person at the moment — I believed I was.” He did? That in itself disqualifies him. Joe Biden has never held an executive position in his life. Being Vice-President is relevant experience, for sure, although Biden hardly covered himself with glory during his tenure. Joe is also not the sharpest knife in the cutlery set, to be nice about it. He’s been caught plagiarizing speeches. He says jaw-droppingly dumb things almost daily. Is self-delusion a qualification?

Sure, Joe was preferable to Trump or Hillary: I would have held my nose and voted for him. He’s right to say he was better qualified than those two, simply because he’s not corrupt and has at least a rudimentary concept of right and wrong. Being better than those too doesn’t make him “the most qualified” that’s Biden’s weak mind at work. Jim Webb, to name one of many, had (and has) far stronger leadership qualifications. One of those qualifications is courage, which in Biden’s case meant having the guts to step in a try to take the nomination from Hillary Clinton. Biden had a duty to do this, but when it came down to action, he ducked.

Disqualified.

4.  Can there be any more blatant Ethics Dunces than LiAngelo Ball, Cody Riley and Jalen Hill, the three freshmen on the UCLA men’s basketball team who apparently shoplifted Louis Vuitton sunglasses  in the Chinese city of Hangzhou? UCLA is in China for a week-long visit as it was scheduled to open its season in Shanghai this weekend against Georgia Tech. The three players are now out of that game, and it is even in doubt whether the game will take place at all, since the UCLA team is confined to its hotel. The Three Dunces could be months away from returning home as the legal process in their case plays out. If they were Chinese citizens, they would be facing prison.

<gag!><ACK!><arghhh!> This is embarrassing to the whole country, not to mention UCLA and its basketball program. Of course, Big Time college sports breed and nurture such  arrogant, entitled, sociopathic conduct. Is it possible that all the players were not instructed in the dos and don’ts of traveling in not just a foreign nation, but in a Communist power looking for ammunition to wield against the U.S. in the diplomacy wars? Oh, sure it’s possible. I wonder if the players were also told not to take a knee when they played the Chinese national anthem.

Shoplifting? Do the players shoplift at home, or is this just something they think is appropriate in China? My guess is that there will be some deal-making to get the players home, and then let’s watch carefully what happens to Ball, Riley and Hill. This will be an integrity test for the NCAA and the school.

If they don’t flunk it, I will be stunned. Continue reading →

Fun With Witch Hunts! If The Harvey Weinstein Ethics Train Wreck Has To Run Over Someone, Roy Moore Is A Great Choice, But Still…[UPDATED!]

/ Jack Marshall / 127 Comments

From the New York Times:

“Republicans in Washington seemed near panic Thursday in the light of a news report in which four women said Roy S. Moore, the Republican nominee for a United States Senate seat in Alabama and an evangelical Christian, had made sexual or romantic overtures to them when they were teenagers and he was in his 30s. Senator Mitch McConnell of Kentucky, the Republican majority leader, said Mr. Moore should step aside ahead of the Dec. 12 special election if the allegations were true.”

“Sexual or romantic overtures,” eh? We are now officially entering the Witch Hunt Zone. Bill Cosby has been accused of drugging and sexually assaulting women. Harvey Weinstein has been accused of sexually harassing many women in the workplace, as well as committing sexual assault and rape. Kevin Spacey was first accused of throwing a 14-year old boy onto a bed,and laying on top of him until the boy managed to get away—30 years ago. Now a controversial politician—he’s controversial because so many Republicans somehow think he is qualified to be an elected official when he clearly isn’t, and the only controversy is over whether they have no scruples, or are merely too dumb to be let outside without a leash—is being accused of “pursuing” three girls ranging in age between 16 and 18 and one girl who was 14 almost 40 years ago, when he was in his early thirties.

Unlike in the cases of Weinstein, James Toback, and most (I haven’t waded through all of them) of the Hollywood types now riding the Weinstein Ethics Train Wreck, only one crime is being claimed against Moore. It is also worth considering that the age of legal consent in Alabama is 16. A thirty year-old hitting on teens that young is certainly creepy, but it’s not illegal, and if Alabama says its legal, it is also saying it isn’t so creepy that the State wants to discourage it.

Thus we are left with just one accuser, Leigh Corfman, whose accusation involves alleged wrongdoing by Moore.. She  says she was 14 years old in 1979 when  Roy Moore introduced himself to her and her mother as they were sitting outside an Alabama courthouse. Moore was a 32-year-old assistant district attorney at the time. He  offered to watch the girl while her mother went inside for a child custody hearing.  Alone with her, Moore asked Corfman for her phone number, and later asked her out on a date. (We do not know if he asked her age.) On the first date, Corfman says, Moore drove her to his home  about 30 minutes away, told her how pretty she was and kissed her. On the second and final date, she says, he took off her shirt and pants and removed his clothes. He touched her over her bra and underpants, she says, and guided her hand to touch him over his underwear. Corfman says she then asked Moore to take her home, and he did.

Ew. Continue reading →

Easy Ethics Quiz: Bill Nye The Science Guy’s Ambush Slapdown

/ Jack Marshall / 77 Comments

On his own Reddit forum where readers are allowed to “Ask Me Anything,” Bill Nye the Science Guy, who has recently been making a pretty penny shilling for the climate change policy lobby, was made the target of this:

Hi Bill,

I have a great way you can start. Stop pretending you’re a scientist.

In science, we begin with facts. The facts show you have no formal science education beyond a Bachelors in mechanical engineering from Cornell. That’s it. Not even a Masters degree, let alone a Doctorate. You literally have no formal science education beyond an undergraduate degree. The facts also show that the whole “Science Guy” persona emerged out of a stand-up comedy routine you used to perform on local public-access TV back in the 80’s:

Good science requires valid data, so, here you go:

You’ve spent years parading around in a lab coat, even after your Disney series ended.. parading around in a way which makes most people, particularly children, think that you’re qualified to speak on matters you have no formal experience, education, or training on. For all intents and purposes, you’re a talented actor-comedian with an opinion who inserts himself into public dialogue…and that’s about it.

Good science also requires peer-review, so, here you go: Continue reading →