Integrity Check For Saturday Night Live: Time For A Mr. Mike Moment

/ Jack Marshall / 14 Comments

Larry David was the darling of the left-tilting TV audience of Saturday Night Live last year when he became the lovable avatar of Bernie Sanders, a casting no-brainer which, I will remind the assembled, I predicted here well before it became reality. It was also predictable that David, the misanthrope who co-created Seinfeld, was the real life model for funny sociopath George Costanza, and who just returned to HBO playing a fictionalized version of his laughably awful self in “Curb Your Enthusiasm,” would be asked to host the creaky satire show, which he did last weekend.

But THE HORROR! David’s opening monologue was genuine Larry David, as any “Seinfeld” fan would recognize. That show mocked Jews, gays, women, AIDS marches, Puerto Rican Pride Day, old people, disabled people,  ugly babies, Kosher diet restrictions,  dwarves, Kennedy’s assassination and stroke victims, among other topics…in other words, it was intentional political incorrectness as comedy. It should not have been a surprise, then, when David riffed on girl-watching in Nazi concentration camps:

“I’ve always been obsessed with women, and I’ve often wondered if I’d grown up in Poland when Hitler came to power and was sent to a concentration camp, would I be checking women out in the camp? I think I would.However, there are no good opening lines in a concentration camp.”

Then he ventured into the Harvey Weinstein minefield, noting that a lot of the executives being accused of sexual misconduct are, like him, Jews:

“I don’t like when Jews are in the headlines for notorious reasons. I want ‘Einstein discovers the theory of relativity,’ ‘Salk cures polio.’ What I don’t want? ‘Weinstein took it out.’…I consistently strive to be a good Jewish representative. When people see me I want them to say, ‘Oh, there goes a fine Jew for you!'”

Either of these would have been at home on “Seinfeld,” where George once mused about Moses’ nose-picking habits, and enthused about having a prison inmate girlfriend, so he could have sex and ensure that she had to wait until he chose to come back and see her. (She escaped, though…). Ah, but 2017 isn’t the Nineties. Now delicate progressives seek safe spaces, and the only acceptable targets of humor are the rich, whites, males, straights, Christians and conservatives. And Donald Trump, of course. The rest is hate speech. Taboo. “We–the Virtuous Collective of the Left— are not amused.”

Social media erupted with condemnations of David for daring to be unfunny on Saturday Night Live. For perspective, consider that SNL has sometimes gone years without being funny. Salon pronounced him “out of his depth and out of his time.” How dare he make a Holocaust jokes “when an era when anti-Semitism is surging in the United States”? (Any guesses whether Salon would similarly object to anti-Republican jokes when GOP Senators are being shot at, and mugged by their Socialist neighbors?) He hasn’t “moved with times,” tut-tuts that arbiter of hilarity, Salon.  After all, “Blazing Saddles” isn’t funny any more. “The Producers” is offensive, with all those Hitler jokes. How dare “Airplane!”make fun of black dialect , seek (and get) laughs with a stereotypical gay character, or show African natives instinctively dunking the second they touch a basketball? That’s not funny! You aren’t allowed to laugh at that, Comrade. Watch it! Because we are watching you.

Now, calling the President of the United States a cockholder and suggesting that he wants to have sex with his daughter, THAT’S funny.

Check the rule book.

At the Washington Examiner, Tom Rogan has the right and ethical perspective:

At The Atlantic, Professor Jeremy Dauber wailed that David thought comedy was acceptable “after Charlottesville.” Dauber continued, “David’s invocation of the concentration camp on Saturday as a kind of peekaboo provocation … might ring particularly hollow in an America where neo-Nazis march openly on the streets and white-nationalist memes proliferate online.”

“Might ring particularly hollow” are the operative words there. Dauber encapsulates the Left’s new reflex that if some words might offend someone somewhere, they should not be said.

I believe the opposite is true. Humor is supposed to be unrestrained and, if a comedian so desires, uncomfortable. Whatever our particular personal views, we’re lucky to live in a society in which humor is defined by the humorist not the humorless hordes. So yes, some might be offended to see Larry David make concentration camp jokes or urinate on a picture of Jesus (that one made me uncomfortable) or have a Jewish boy knit a swastika.

I say too bad. The beauty of humor in a democracy is that it’s always those who laugh who matter most.

Bingo. I don’t care if you find something funny: if I find it funny, that’s all that matters….and vice versa. Moreover, if the Left abandons humor (unless it is politically weaponized, like the tediously redundant  all-anti-Right-hate-all-the-time  late night talk shows and  cable shows), humor is doomed. Comedians and comics have almost entirely arisen from the liberal side of the ideological spectrum. A funny conservative is as rare as a popular ethicist.

Thus the attack on David for telling the kinds of jokes Larry David tells creates an integrity test for Saturday Night Live. A commenter named Michael Bauer told  the New York Times that “Mr. David’s comments were completely unfunny and embarrassing, not only to Mr. David but also to the show’s producer, Lorne Michaels, and everyone associated with ‘Saturday Night Live.'”

Really? Really? This was the show that once, in its greatest years, featured the intentionally tasteless and blackest of black humor-obsessed Michael O’Donoghue. The ultimate O’Donoghue gag was a trilogy of sick  bits he performed as “Mr. Mike” to end SNL shows spaced over several weeks. In the first of them, he announced that he would do an impression of nice guy daytime talk show host Mike Douglas, with a twist:

Michael O’Donoghue: ” We all love Mike Douglas, of course. And I was watching Mike’s show this afternoon, and  a funny thought occurred to me. I thought, what if someone took steel needles, say, um, fifteen, eighteen inches long — with real sharp points — and plunged them into Mike Douglas’s eyes. What would his reaction be? I think it might go something… like this …

Then he removed his glasses, pocketed them, and turned around, in the fashion of celebrity impressionists from time immemorial, paused, and suddenly  began screaming and writhing on the floor.

TV critics, many of them, were not happy. The show and NBC received complaints. Cruelty, after all, isn’t funny. (I loved it.)

To their undying credit, SNL, Lorne Michaels, and O’Donoghue doubled down. A couple of weeks later, “Mr. Mike” was introduced again, again at the end of the show. This time, he was ushered on  by two attractive young African-American women in gowns: Continue reading →

Comment Of The Day: “Comment Of The Day: ‘Morning Ethics Warm-Up, 11/7/17: Election Day Edition”’

/ Jack Marshall / 14 Comments

“Well, sir, your background check came up fine! What kind of gun would you like to purchase?“

As often happens, one excellent COTD, in this case JP’s examination of possible avenues of gun policy reforms, begat another, this one on a topic that I have been remiss is not posting about myself. John Billingsly writes about so called “mental health reform” in the context of gun control. Deciding that citizens should lose their rights because other judge them as mentally ill is a practice that should start the ethics alarms a-ringing, since this is a favored means of mind, speech and political activity control in totalitarian regimes.  I would think that the  idea would cause chills to run up the spine of any patriotic citizen, rightish or leftish, especiall when “the resistance’ wants to veto a Presidential election by declaring that President Trump’s boorish style and on the wrong side of history policies prove he is mentally disabled. I’m sure they think he shouldn’t be allowed to purchase a gun. Calm, reasonable, rational types like Howard Dean, Maxine Waters and Michael Moore, sure.

I don’t see any dangers to our rights when gun possession is withheld from someone who proclaims he is Shiva the destroer while running naked through the streets waving a dead badger overhead. As we have seen, however, in this area anti-gun zealots are counting on the slippery slope. Taking away rights based on what someone might do begins to edge into pre-crime.

Here is John Billingsly’s Comment of the Day on the post, Comment Of The Day: “Morning Ethics Warm-Up, 11/7/17: Election Day Edition”:

I want to elaborate on one statement, ”I believe for any serious debate to continue on gun control, we have to have mental health reform. “

I agree that there needs to be more access to mental health care, but it appears from current data there is only one area where contact with the mental health system seems to correlate with significantly increased risk of death by firearm and that is suicide. About 60% of deaths involving firearms are suicide and about 50% of successful suicide attempts are by firearm.

The major predictor of future violence is a history of violence not the presence or absence of mental illness. I believe anyone who has been found to be guilty of an act of violence, including any kind of domestic violence, should be denied the right to purchase a firearm. My understanding is that this is pretty much the law although there have been slip ups in administering it.

A group of people who do show a high incidence of violent behavior are substance abusers. Anyone convicted of a drug or alcohol offense should be prohibited from being able to legally acquire a firearm. There should be a mechanism to allow for the restoration of the right to buy a firearm in those cases such as simple possession where no violence was involved, and the conviction did not involve a more serious crime such as trafficking. Just from my anecdotal experience, people under the influence of drugs have been the most dangerous, unpredictable patients I have had to deal with.

The laws requiring reporting of persons with mental illness vary from state to state. Florida follows the Federal Law that prohibits possession of a firearm or ammunition by any person who has been “adjudicated a mental defective” or involuntarily “committed to any mental institution.” Persons who fall into these categories are reported to the Florida Department of Law Enforcement who maintains a database. The FDLE is authorized to report these to the federal government and other states exclusively for the purpose of determining lawfulness of a firearm sale or transfer. The information may also be used to make decisions regarding a concealed carry permit. There is a mechanism in the law for restoration of rights.

In Florida a person who seeks voluntary hospitalization may be determined to meet the same criteria as an involuntarily committed person under certain circumstances. The treating provider must certify that they are imminently dangerous, they must be allowed a chance to challenge the certification as to their dangerousness, and the court must review the certification and order the record to be submitted. Continue reading →

Morning Ethics Warm-Up, 11/9/17: Everyone Behaving Abysmally Edition

/ Jack Marshall / 9 Comments

Let’s scream “Good Morning!” to the sky!

1 The FBI is now complaining that it’s too difficult to break into smartphones, since the Texas maniac, Devin Kelley, had one that has so far resisted cracking. By all means, let’s make sure we have no privacy from government intrusions into our lives and relationships. I’m sure—I really am sure—that the “think of the children!” mob and the “if it saves only one life!” brigade will happily surrender the right to privacy, which is, per the Supreme Court, is also in the Bill of Rights, just like the rights of free speech and the right to bear arms.

The solution is right in front of the FBI anyway.  Just take Kelley ‘s body on a plane trip to Bali, manipulate his dead thumb, and use it to unlock the phone.

2. I see little to choose from ethically between Facebook selling space for deceptive ads to the Russians and CNN selling time on their newscasts for a billionaire to make his personal, dishonest and ignorant demand that President Trump be impeached. I had heard and read about the ad, which is basically Maxine Waters’ warped version of the Constitution and the impeachment clause, with a little Richard Painter thrown in, but I assumed I would have to go online to see it. Nope, there it was this morning during a break on Headline News. Respectable news sources, not that CNN qualifies any more, have traditionally rejected factually misleading political ads from private interests, and a Constitutionally moronic rant from a rich guy with money to burn surely should qualify.

The rich guy is Tom Steyer, who apparently once was an intelligent human being even as you and I. His ad claims that “Donald Trump has brought us to the brink of nuclear war, obstructed justice, and taken money from foreign governments. We need to impeach this dangerous president.” Let’s see: the first is pure hysteria and an attempt to criminalize policy and international poker (I’d argue that the weak response to North Korea by the U.N. and previous administrations has been what has “brought us to the brink,” as well as, of course, the rogue country threatening nuclear attacks and firing missiles over Japan).

The second is a gonzo anti-Trump resistance theory that would be tossed out of any court, except maybe in Hawaii. The third is intentionally dishonest: this is the Emoluments Clause fantasy that holds the discredited theory a hotel owner has to be impeached if he doesn’t sell his hotels. Steyer’s ad also says that that Trump should be impeached for various tweets, half-baked opinions and comments. As one would expect from a  Democratic mega-donor, he apparently believes that speech qualifies as a high crime when it annoys progressives.

Naturally, again as one would expect, Steyer implies in his ad that Bill Clinton, who really did commit a crime as President and really did obstruct justice, was impeached by a Republican Congress for “far less.” This disqualifies him as a serious person.

3. Baseball fans know that Roy Halladay, a near-Hall of Fame pitcher with the Blue Jays and Phillies renowned for his durability until his arm fell off (metaphorically speaking), was killed this week when he crashed his single engine plane into the Gulf of Mexico. Observers say he was flying recklessly, and there is evidence that he wasn’t properly experienced to be operating the plane as he was. In Boston, radio sports jockey Michael Felger went on an extended rant excoriating the dead pitcher for being irresponsible, especially as a husband and father.  Here’s a sample: Continue reading →

On The Way To Bali, An Unethical Conduct Cascade

/ Jack Marshall / 10 Comments

One unethical act often opens the floodgates to many, in in unexpected, and unexpectable ways. An ethics alarm failure triggers another, then another. But who would expect that an extramarital affair would cause a passenger plane to have to make an emergency landing, for example?

All the moe reason to keep those alarms in working order.

The distaff side of a couple on the way to a vacation in Bali on a Qatar Airways flight apparently had reason to be suspicious of her husband, so when he fell asleep, she oh-so-carefully  manipulated his snoozing thumb to unlock his smartphone with its print, and did some snooping.

Ah HA! The bastard had been cheating on her!

So calmly, maturely, she began screaming and beating on her dastardly spouse so violently that the pilot had to divert the flight and land.

Cascade re-cap:

  • Triggering unethical act: Marital infidelity.

1 to 10 Betrayal of Trust Scale score, with 1 being a forgivable lie and 10 being treason, I rate this an 8.

  • Secondary unethical act: Appropriating the body of another while he is incapacitated, and doing so to invade his privacy. (No credit for discovering above triggering unethical act.. That’s consequentialism: the result of an act cannot retroactively justify the act.)

Betrayal of Trust Scale score: 6

  • Culminating unethical act: Physical violence on a plane endangering innocent passengers, forcing the plane to land, inconveniencing many.

I don’t have a scale for that.

But it was the most unethical of all.

What a fun couple!

Ethics Dunce: Donna Brazile, But Not For The All The Obvious Reasons…

/ Jack Marshall / 23 Comments

“Now, it’s my understanding that as a CNN contributor, you won’t make me follow any of that ethics crap, right, Jake?”

In her new book, “Hacks: The Insider Story of the Break-ins and Breakdowns That Put Donald Trump in the White House,” Suddenly Ethical Donna Brazile takes a moment  to slam Jake Tapper because he harshly criticized her after a leak reveealed that she had used her CNN position to procure debate question and pass them along under the table to Hillary. (Of course, if Clinton had any integrity, she would have refused—what am I SAYING?).

She wrote,

“The next day, even Jake Tapper took a swing at me, calling me unethical and ‘journalistically horrifying’ during a radio interview with WMAL even though I worked for CNN as a commentator not a journalist.When I called him on this, he did not apologize. His attack on me was really about him. He wrote in an email, ‘I don’t know what happened here except it undermines the integrity of my work and CNN … you have to know how betrayed we all feel.”

OH! Donna was a contributor, not a journalist! That changes everything! So as an individual who was contributing to a journalism product, as well as paid to do so, and being relied upon by journalists in a journalism-supplying entity to inform their audience honestly regarding what journalism covers by definition, Brazile as a paid contributor should not have been expected  not required to tell the truth, be fair, maintain standards of integrity, state her biases and conflicts up front, or indeed engage in ethical conduct at all!

Is that the new definition of what “contributor” means? Boy, I think CNN needs to clarify this; I always assumed that if a network employed a “contributor,” that individual was being presented as someone who would be held to the same standards of professionalism as other on-screen employees. Continue reading →

Comment Of The Day: “Morning Ethics Warm-Up, 11/7/17: Election Day Edition”

/ Jack Marshall / 20 Comments

JP‘s timely and thoughtful Comment of the Day on #4 in yesterday’s Warm-Up would also be a germane COTD on #3 of this morning’s Warm-up.

Unlike the anti-gun “Do Something!” chorus, JP actually examines the likelihood of two widely proposed gun regulations having any measurable effect on the problem they are supposed to address.

Below is JP’s Comment of the Day on the post, Morning Ethics Warm-Up, 11/7/17: Election Day Edition. 

I’ll be back at the end, with quite a bit, frankly.

I think [the “We have to do something!” response] is virtue signaling because it accomplishes nothing and because doing something just to do something can  be reckless. Mostly, I have been ignoring these incidents because I have no better solution. Americans have a right to own a gun. However, in the increasingly intense aftermath of the 2016 election, I have been amazed at the number of people who I believe to be intelligent that have thrown logic and reasoning out the window. Therefore, I have decided to investigate some versions of “doing something” to see what they might accomplish.

Outside of total gun confiscation, the most common types of gun control proposed are bump stock bans and closing the gun show loophole. According to CNN (take that for what it’s worth) there were 12 bump stocks found on the weapons used in the recent Vegas strip shooting. For those of you who are not aware of what a bump stock is,  it is a device that is attached to the weapon to simulate rapid fire. What it actually does is compensates for the slowness of the user at the expense of accuracy. For example, if you were using an AR-15 you would steady the weapon with your shoulder. If you are pump firing, the rocess involves bracing the rifle with the non-trigger hand, releasing the grip on the firing hand (leaving the trigger finger in its normal position in front of the trigger), pushing the rifle forward in order to apply pressure on the trigger from the finger, and keeping the trigger finger stationary. During a shot, the firearm will recoil (“bump” back) and the trigger will reset as it normally does; then, the non-trigger hand pulls the firearm away from the body and back to the original position, pressing the trigger against the stationary finger again, thereby firing another round when the trigger is pushed back. During this process, it is common for the magazine to be emptied in a quick manner.

Bump stocks cost about $100, though the price depends on the quality. I’ve read that you could do a makeshift bump stock using some rubber bands, making it difficult to regulate. So the question remains, is the bump stock something that should be  available to the public? To me, the answer is no. A bump stock is not a feature of a weapon. As such, banning it does not infringe on  Second Amendment rights. Furthermore, the bump stocks create a loophole in the assault weapon ban. Finally, since its purpose is to sacrifice accuracy for speed, using the bump stocks are dangerous and irresponsible. A smart gun owner knows the importance of environment, accuuracy, and aiming at a target. While it might be fun to shoot quickly, I can see no way a bump stock could ever be used responsibly (though feel free to contribute one). Continue reading →

Morning Ethics Warm-Up, 11/8/17: Featuring The Most Depressing Question You Have Heard In A Long Time. I Hope.

/ Jack Marshall / 55 Comments

Good Morning!

1 Yesterday there was a fascinating article on how the famous opening chord of “A Hard Day’s Night” was (perhaps) made. I have been meaning to make a comment about the new Sirius-XM Beatles Channel, which I had occasion to listen to for many hours while being trapped in traffic jams and construction driving back and forth to Virginia Beach and Richmond, and this is a good time to post it.

I have been getting lousy, dishonest, bait-and-switch service and products with such regularity lately, ranging from an investment firm that couldn’t send the proper forms to give me access to my own money, to Verizon, which has been giving me a six-month runaround while its slooooow WiFi breaks down for days, to Progresso soup, which either decided to put what looks and feels like ground up chicken bones in its vegetable soup, or just the can I bought, that I  had despaired of again seeing anything approaching excellence for the sake of excellence  from a U.S. business until I returned to Disneyland or Fenway Park. The Beatles Channel makes the grade. It isn’t just the songs, which would have made the channel a hit all by themselves. Sirius-XM includes scholarship, history, musicology, rare recordings, interviews, celebrity and non-celebrity disc jockeys and cultural analysis, around the clock, with new programming every day. I’ve sat through college courses that were less thorough, and too many courses to count, in both college and graduate school, that were less informative and valuable. There are some things worth paying for, and products that are better than you expected!

2. The New York Times  headline after a hard day’s night for the GOP in Virginia and New Jersey: DEMOCRATS SCORE TWO BIG VICTORIES IN TRUMP REBUKE.

I’m sure it was the koi.

This is flagrant spin and distortion, and unethical journalism. The New York Times should just put “You hate the President, you know you do” on the banner. The Times didn’t call last November’s across the board rejection of Democrats in state house races and Congress an “Obama rebuke,” though it was, and the results in Virginia and New Jersey cannot be fairly pinned on Trump. The two state governors races went pretty much as everyone assumed they would months ago. New Jersey’s result, from a very Democratic state, was a predictable rejection of its spectacularly failed and detested Republican governor, and Virginia’s election of a moderate Democrat over a Republican who tried to both reject Trump while trying to hitch-hike on some of his better positions was predictable as well.

I would also guess that the Donna Brazile revelations about the Democratic Party’s corruption is not on  typical voter’s radar, so the wave of self-hating Democrats staying home that some predicted did not materialize. The Texas shooting, however, probably activated the always vigorous “The Constitution be damned, think of the children!” knee-jerk progressive block to go to the polls.

By now the Times’ routine propaganda tricks are no surprise, but the practice of attaching editorial comments connoting negative implications for the President is neither fair nor objective. But then, the news media knows this: it is attempting a coup by poisoning public opinion. This is the major ethics story—and ethics crisis—in the nation today, and has been so for a year.

3. Now a compliment to the New York Times. Finally, someone wrote an relatively honest article regarding the causes of mass shootings in the U.S. “What Explains U.S. Mass Shootings? International Comparisons Suggest an Answer” is the online version; the print edition headline is “Only One Thing Explains Mass Shootings In The United States.” Both headlines are misleading—the Times has a headline problem—but the article’s main point is correct: “The only variable that can explain the high rate of mass shootings in America is its astronomical number of guns.”

Not inadequate laws. Not enforcement. Not crazy people. Not crime. Not the NRA.

Just lots of guns.

Thank you.

The Times also correctly hints at—it could have and should have done more than hint—why we have more guns than any other country:

In the process of making a comparison between the US and Switzerland, which as the country with second highest gun ownership rate has far fewer shootings (Fun Facts! Switzerland, like Australia, isn’t the United States, and the Swiss, like Australians, are not like Americans), the Times notes,

“Swiss gun laws are more stringent, setting a higher bar for securing and keeping a license, for selling guns and for the types of guns that can be owned. Such laws reflect more than just tighter restrictions. They imply a different way of thinking about guns, as something that citizens must affirmatively earn the right to own.”

Translation: The United States protects and guarantees the inherent human right to self-defense and autonomy, and Switzerland doesn’t. In the U.S., the wise Founders, government doesn’t have to grant you the right to own a gun; you already have it. Or in other words, Switzerland isn’t the United States. (See above.) God bless America.

The Times continues under the heading “The Difference is Culture”:

“The United States is one of only three countries, along with Mexico and Guatemala, that begin with the opposite assumption: that people have an inherent right to own guns.The main reason American regulation of gun ownership is so weak may be the fact that the trade-offs are simply given a different weight in the United States than they are anywhere else.”

“May be”? That’s exactly why Swiss-style “regulation”—as in “We tell you if you can own a gun and what kind of gun you ‘need., Citizen!”—isn’t an option in the U.S. The Constitution also gives the right to speech a different “weight” than other cultures do, and the amount of certainty required to send someone to prison, and when the police can search your home, and many other examples where this nation and this culture insists that individuals and individual rights come first, not government power. The fact that the United States accepts the costs of individual liberty is what makes it the United States.

There are so many guns in the U.S. because Americans like guns, and in this country, people generally can make and get what they like. They should like guns: the United States,more than others, owes its existence to guns. Our most popular entertainment involves guns. Most of all, the #2 mandate in the Bill of Rights guarantees that every citizen begins life with the right to own guns.

Mass shootings are a side effect of the Second Amendment and the core individual right to be armed. The only way to reduce such shootings is to eliminate that right and confiscate guns. Either the currently vocal anti-gun zealots understand this and are lying, or they don’t, and are ignorant.

[The National Review has some legitimate criticism of the Times data analysis, but it doesn’t affect the validity of the Times general conclusion.]

4. Here’s the depressing ethics note of the day, or perhaps the year. On the first day of jury deliberations at the bribery trial of Senator Robert Menendez, a juror asked the judge a basic question: “What is a Senator?”

I guess a necessary voir dire question or two was omitted by the lawyers .

The judge should disqualify that juror.

Ethics Quote Of The Week: The New York Times, Regarding Legal Ethics Dunce David Boies’s Ride On The Harvey Weinstein Ethics Train Wreck

/ Jack Marshall / 27 Comments

There are a lot of ethics issues, legal and otherwise, flying around in the shocking—this really is shocking—revelation that lawyer Al Gore’s Supreme Court lawyer (and loser) David Boies was working to help Harvey Weinstein intimidate and discredit the women who were preparing to accuse him of sexual harassment, sexual assault, and rape.

The New Yorker reports in an investigative reporting piece that the Boies firm was retained by Weinstein, and on his behalf hired Black Cube, an investigative company run by former Israeli intelligence agents to prevent the publication of abuse allegations by creating profiles on the targeted accusers, often using pretexting–that is, lies— to gain access to proprietary information. Black Cube’s work included psychological profiles and sexual histories of the potential Weinstein accusers. The engagement with Black Cube  was presumably run through Boies Schiller Flexner  to place the shady matter under attorney-client privilege.

David Boies personally signed the contract with Black Cube, which, according to the New Yorker, was to obtain ” intelligence which will help the Client’s—that is, Weinstein’s— efforts to completely stop the publication of a new negative article in a leading NY newspaper” and to “obtain additional content of a book currently being written [that] includes harmful negative information on and about the Client.”

Did you see “Michel Clayton,” where George Clooney played a law firm’s “fixer”? That’s what Boies was doing here. “Fixing.” And fixing is a dirty business.

That “leading NY newspaper” was and is the New York Times, which, as we now know, was readying its own sensational story regarding the accusations against Weinstein.The New York Times was also a client of Boies Schiller Flexner, though on unrelated matters, hence the statement above. Unsurprisingly, the Times has sacked Boies and his boys.

[Aside: Here’s a lawyer ethics practice tip. If a client asks you to contract with a company called “Black Cube,” “CHAOS,’ “The Legion of Evil,” “The Black Hand,” or “Murder, Inc.”, just say no.]

Some ethics questions and answers: Continue reading →

Comment Of The Day: “Megyn Kelly, William Saroyan, Ethics, Me, And Us: A Rueful Essay” (#2)

/ Jack Marshall / 12 Comments

The second of the Comments of the Day sparked by my musings on Megyn Kelly’s descision to move from a job where she excelled to a completely different assignment at which, at least so far, she is crashing and burning like the Hindenburg. The first, by  Extradimensional Cephalopod, was very different, an abstract analysis of the phenomenon that bedevils Kelly, and many of us. The second, a personal account of the dilemma in action, is no less enlightening, but very different.

The comment also reminded me that I have never posted about the Japanese concept of Ikigai, and I should have. There is no English equivalent for the word: ikigai  combines the Japanese words ikiru, meaning “to live”, and kai, meaning “the realization of what one hopes for.” Together the words encompass the concept of “a reason to live” or the idea of having a purpose in life. Ikigai also invokes a mental and spiritual state where individuals feel that their lives have value—to them, to loved ones, to society.

Ikigai odes not spring from actions we are forced to take, but from natural, voluntary and spontaneous actions. In his article titled  “Ikigai — jibun no kanosei, kaikasaseru katei” (“Ikigai: the process of allowing the self’s possibilities to blossom”) Japanese wrter Kobayashi Tsukasa says that “people can feel real ikigai only when, on the basis of personal maturity, the satisfaction of various desires, love and happiness, encounters with others, and a sense of the value of life, they proceed toward self-realization.”

Sounds simple.

It isn’t.

Here is Alex’s Comment of the Day on the post, Megyn Kelly, William Saroyan, Ethics, Me, And Us: A Rueful Essay:

This topic is close to my heart, so time for some confessions and public reflections.

As I’ve previously mentioned I’m a software engineer, over a decade of experience, and modesty aside, a darned good one at what I do. The main areas of work I’ve been involved in are speech recognition, accessibility and development runtimes (think along the lines of the Java runtime). It was not necessarily world transforming work, but it had an impact and passionate following by our users. Pay was good if slightly low for the experience I had, and as of late I was getting tired of the work and wanted to try something new – also, a reasonable salary increase was not going to hurt.

So I start my job hunt, both internally and externally. At the end it comes down to two very good offers: One working for a social media giant with at a still-to-be-determined role with extremely good pay and no clear route for advancement. The other working closer to hardware (I’m an EE but never worked on it professionally) with lower pay (still an improvement over my previous job) at a clearly defined role with an advancement development plan and with the goal of putting people in space.

Putting it like this it sounds like a home run, but with a family in the line – I’m a single earner with three kids – the financial sides are a big consideration. There were so many things to balance: money, prospects for advancement, happiness, commute time, personal fulfillment, and yes, societal value of my work. It was not an easy decision, there were difficult conversations with my wife and even more than a year later some days I wonder if this was the right call (I went with the space company…Yay!) Continue reading →

Morning Ethics Warm-Up, 11/7/17: Election Day Edition

/ Jack Marshall / 42 Comments

Good Morning!

1 It’s a rainy election day in Virginia, and the Democrats must be worried, since they are in full race-baiting mode. I know it was click-bait, but I check out the political sites and news aggregators on the right, hard right, middle, left and hard left, and here was ThinkProgress’s headline: Explicit racism is on the ballot today: If Ed Gillespie wins, the GOP’s transformation into a Trumpian racist party will be complete.

Read the post. If this is the way mainstream Democrats are thinking these days, either the country is doomed or the Democrats are. The essay shows that progressives have learned nothing, literally nothing, from Hillary Clinton’s defeat, especially the part of it that emanated from her express contempt for anyone who doesn’t cheer for the au currant leftist cant. If you don’t vote Democratic, you are deplorable—a racist, a sexist, a mouth-breathing moron. Such dehumanization of political and ideological opponents is anathema to democracy; its is the beating heart of totalitarianism. “You are unworthy of making decisions that affect us, the wise and virtuous, but don’t worry, we will use our power over you  for the greater good.” Now voting for unremarkable conservative  Ed Gillespie is explicit racism.

Just like Donald Trump. You see Gillespie wants to enforce immigration laws—this means he is xenophobic. He objects to NFL players making incoherent, revolving topic protests during the National Anthem, which means he’s anti-black, though many of the Kneelers aren’t black—but then Michael Brown was black, and had his hands up. Or something. All right, maybe he’s not the best person to be protesting over. Ask Colin Kaepernick to explain it. He’s Rosa Parks. Finally, Ed Gillespie opposes tearing down statutes of 19th Cnetiry historical figures because the increasingly radical Left wants to veto the nation’s history as part of its indoctrination strategy. This means, says ThinkProgress, that he’s pro-slavery, you know, just like John Kelly.

Barack Obama and his party were so effective at demonizing political opposition by calling critics racists and sexists that this malignant, democracy-curdling tactic is now a reflex with Democrats. It is unethical, dishonest and destructive. If Ed Gillespie wins, it might just show that smart, principled people are sick of being denigrated for having the ability to resist political correctness groupthink.

2. It’s also election day in New Jersey, where the almost certain election of a new Democratic governor puts an exclamation point on the fall of Chris Christie. A moderate conservative Republican with brains, guts (stop it), and communications skills, Christie might have shown how a balanced governing philosophy built on bi-partisan cooperation and compromise could work in a famously unethical state, and, with success, have led the national Republican Party away from divisive politics and toward responsible leadership. (Bill Clinton once had the same opportunity from the Left.) Christie, however, failed miserably, and it was largely (I said stop it!) a failure of ethics and character, culminating in his unforgivable alliance with Donald Trump. I marked him then as an Ethics Villain, and so he is.

In the end, civilizations flourish or  fall based on able and remarkable people rising to challenges and bringing the best of themselves to public service. I’m trying to think of the last time the United States benefited from one of those people. It’s been a while.

3. Now that Koigate has been debunked as fake news, unconscionable confirmation bias, and a new low of manufactured anti-Trump bile from the mainstream news media, the competition is on to top it. Here’s Mediaite on a “juicy” story from a former Trump bodyguard and aide Keith Schiller, quoting Politico:

“…when the White House kitchen staff couldn’t match the satisfaction of a quarter-pounder with cheese (no pickles, extra ketchup) and a fried apple pie, it was Schiller, bodyguard and Trump whisperer, who would head down New York Avenue to McDonald’s on a stealth fast food run.”

Headline: “Trump Bodyguard Went On McDonald’s Runs for POTUS Because WH Chefs Couldn’t Replicate Quarter Pounders.” I’m sure Maxine Waters, Charles Blow, Larry Tribe and Richard Painter will soon explain why this is impeachable. Abuse of power. Bad taste. If Trump owned MacDonald’s, it would be self-enrichment.

The post also has a fat joke about Chris Christie. Continue reading →