Morning Ethics Warm-Up, 10/19/2017: Gwyneth’s Mom, Harvard’s Airbrush, Salon’s Favorite Conservatives

Yes, I KNOW it’s Thursday, but I meant to use this song yesterday, but didn’t, because I thought it was Tuesday…

GOOD MORNING!

1 We have several Ethics Train Wrecks barrelling along. The Harvey Weinstein Express is still picking up expected passengers, like Harvard University’s Hutchins Center for African and African American Research. The Executive Committee unanimously voted to award Weinstein the 2014 W.E.B Du Bois medal for contributions to African and African-American culture. In the midst of complaints by the African American community that Hollywood was slighting black artists and themes in its films, Weinstein’s Miramax studio had stood out as a notable exception.

The same professors voted Tuesday night to rescind the honor in the wake of the Weinstein’s (long-known but only recently publicly exposed) sexual predator proclivities, announcing in a statement: “We have voted unanimously to rescind the Du Bois Medal awarded to Mr. Weinstein in 2014. We stand with the women who have courageously come forward to fight for themselves and indeed for all of those who have experienced similar abuse.”

Wrong, and cowardly. What does sexual harassment have to do with African American culture? The mania among progressive missions groups to insist that only those who satisfy all broad progressive agenda mandates are worthy of any honor is why the nation’s continued celebration of Jefferson, Washington and other founders is hanging by a thread. Did Weinstein deserve the award in 2014? Yes, I assume. Has anything changed regarding the producer’s contributions to black culture through his movies? No.

I covered this substantially identical situation here, in 2015. Continue reading →

Your NFL Anthem Protest Ethics Train Wreck Update: Incompetent Quotes

The more NFL players, owners, brass, and other fellow travelers on the NAPETR talk about this fiasco, the worse it gets.

Incompetent Quote #1:

“What I see with the N.F.L. owners is a bunch of good old boys telling the players: Stay in your place.”

 ——Black Lives Matter demonstrator outside NFL headquarters.

Comment: “In their place”  in this context means“doing the job for which they are paid millions of dollars and not undermining the business of their bosses by irresponsible non-football activities on the field. “ Yup, telling employees to stay in their place is what all employers do,  must do, and have every right, indeed an obligation to do.

Calling such employers “good ol’ boys” is bigotry and race-baiting, which is what racist organizations like BLM do.

Incompetent Quote #2:

“We need to be above petty attacks from anybody, because racial and socioeconomic inequality has existed in this country for too long,”

 ——- Jed York,the chief executive and co-owner of the San Francisco 49ers, which started this mess. Continue reading →

Oh, NO! ANOTHER Ethics Story That I Don’t Understand At All! EVERYTHING IS SEEMINGLY SPINNING OUT OF CONTROL!

Emory University Hospital in Georgia had scheduled kidney transplant surgery for a 2-year-old boy to take place on October 3. The organ donor, however, the boy’s father, Anthony Dickerson, violated his parole. Hospital administrators then postponed the surgery until Dickerson could comply with parole requirements for an additional three months.

The boy’s mother, Carmella Burgess, received a letter from the hospital that said Dickerson would be re-evaluated as a donor in January after it receives documentation of his success.

What warped reasoning is going into this decision? The boy’s health care needs are the same. The kidney being donated is the same. The father is still a willing donor. Why would the hospital care whether Dickerson had violated parole or not? Why would anything Dickerson did change the hospital’s medical duty to his son, or warrant postponing life and death surgery? So the father was discovered eating puppies. So he was found to be a convert to Isis. So he is caught saying nice things about Harvey Weinstein, Donald Trump or Satan. In fact, Dickerson violated parole in September and was charged with possession of a gun. So what?

“They’re making this about dad,” Burgess told the Atlanta Journal-Constitution. “It’s not about dad. It’s about our son.”

That seems to be an accurate analysis.

If anyone can explain how this can possibly be ethical conduct by the hospital, please do.

Unethical …And Really, Really Dumb…Tweet Of The Month: Actor Seth Rogen

Maurice Switzer said (no, not Mark Twain or Abe Lincoln), “Better to keep your mouth shut and appear stupid than to open it and remove all doubt.” This goes double, triple even, for celebrities in Twitter. The platform is a sinister cultural trap to expose the ignorance, stupidity, nastiness and bad judgment of famous people who have no idea just how foolish they are.

Hence the above jaw-dropping tweet by Seth Rogen, an occasionally amusing comic actor with dubious self-awareness. (He allowed himself to be cast as the Green Hornet, for example.)

Just how bad is the tweet? Let us count the ways: Continue reading →

Morning Ethics Warm-Up, 10/18/2017: Welcome To My World! Special Legal Follies Edition

Good Morning!

1  Oh, let’s begin the day with Roy Moore, the former Alabama judge and present wacko whom Alabama Republicans voted to represent the GOP in the 2018 U.S. Senate election, thus proving that there are a lot of deplorables in the state. As was completely predictable given his record, Moore recently told his drooling followers (after being introduced by Abraham Hamilton, Alexander Lincoln being unavailable),

“Somebody should be talking to the Supreme Court of the United States and say, ‘What gives them a right to declare that two men can get married?. . . Tell the Congress: Impeach these justices that put themselves above the Constitution. They’re judicial supremists and they should be taken off the bench.”

Comments Jonathan Turley,

So Moore believes that he should not have been removed from the bench for putting his personal religious beliefs above the Constitution, but justices should be removed if they interpretation the Constitution in a way that contradicts his religious beliefs.  This, he insisted, would ‘solve the problem….such a view would violate not just fundamental principles of judicial review but it would violate the impeachment clause.  As the last lead counsel in a judicial impeachment case (in defense of Judge Thomas Porteous), Moore’s view is deeply troubling.  As I have previously written, the Good Behavior Clause of Article III was designed to protect the independence of the judiciary and insulate it from political pressures.  It was meant as a guarantee of life tenure against precisely the type of threat that Moore is endorsing. 

But it’s pointless to make genuine legal and historical arguments against someone like Moore. He’s a theocrat, a fanatic, a bigot and a demagogue. The Republican Party should endorse his opposition and campaign against Moore. This fiasco is their fault, and someone like Moore should be kept out Congress at all costs.

2. Now to someone who is, incredible as it seems, somewhat less ridiculous, this gentleman, Christopher Wilson…

 

No, that’s not a botched tattoo on his forehead: the blurry words are “fuck” and “sluts”, making the whole, eloquent message, “I’m a porn star. I fuck teen sluts.” This roughly translates into  “Look at me! I’m an idiot!”  The newspapers that refused to print the blurred words (the police had the mugshot altered) that are essential to the story, meanwhile, are telling us, “We don’t understand our profession.” The story is incomprehensible if the actual words aren’t clear, literally or figuratively.  Fox News and the NY Post, for example, say, “The Cincinnati man has the words “I’m a pornstar” tattooed on his forehead” and “another vulgar message” tattooed below.” Since the issue is whether the message on his FACE is going to prejudice the jury in his trial for sexual assault, this is juvenile coverage omitting key information to avoid “giving offense.”

Ethics Alarms to the news media: Grow up.

Turley (again…he loves the tattoo stories) writes,

“The court will be left with a question of whether the tattoo is too prejudicial or whether it is unavoidable as a personal choice of the defendant….Yet, these tattoos contain an admission to the crime at issue in the trial.  In the end, a judge could legitimately conclude that this falls into the category as bad choices bringing even worse consequences.”

What? First, the defendant is not charged with fucking teen sluts while acting as a porn star. That conduct could well be consensual and legal.  Turley is also wrong that the judge could “legitimately” allow the jury to see his message. In both cases involving a defendant’s prejudicial tattoos, the judges agreed that they had to be made invisible, in one case using make-up… Continue reading →

Wait, WHAT? I Don’t Understand This Case At All: The Louisiana Lawyer’s Betrayal

Robert McCoy (above), facing trial for a triple murder in Louisiana, told his lawyer, Larry English, that he was innocent. Someone else had killed the victims, he insisted. English, however, knew better. He wasn’t buying any of it.

“I met with Robert at the courthouse and explained to him that I intended to concede that he had killed the three victims,” Mr. English stated in a sworn statement. “Robert was furious and it was a very intense meeting. He told me not to make that concession, but I told him that I was going to do so….I know that Robert was completely opposed to me telling the jury that he was guilty of killing the three victims,” Mr. English said. “But I believed that this was the only way to save his life.”

English’s theory was that in the state’s two-phase trail system, he would lose credibility with the jury if he insisted McCoy was wrongly charged in the face of overwhelming evidence He wanted to have the trust of the jurors in the second phase, when he would have to argue that they should spare Mr. McCoy’s life.

After the meeting, Mr. McCoy tried to fire his lawyer, saying he would rather represent himself—So would I— but Judge Jeff Cox refused to let English off the case. So, as promised, English told the jury during his opening statement that his client was a triple murderer. McCoy objected in court, protesting, “I did not murder my family, your honor ! I had alibis of me being out of state. Your honor, this is unconstitutional for you to keep an attorney on my case when this attorney is completely selling me out.”

The objection was over-ruled.  McCoy’s lawyer, the judge apparently believed, knew better than his client what his client’s best interests were.

He didn’t though. McCoy was convicted and sentenced to death despite all of that supposed good will, credibility and trust English had built up by throwing his own client under the criminal justice bus.  The victim of this Bizarro World representation appealed the conviction to the Louisiana Supreme Court, saying his lawyer had turned on him. The court ruled against him,  holding that

“Given the circumstances of this crime and the overwhelming evidence incriminating the defendant admitting guilt in an attempt to avoid the imposition of the death penalty appears to constitute reasonable trial strategy.”

Now the United States Supreme Court is going to consider the case, McCoy v. Louisiana, and the question of whether a lawyer who disregards a client’s explicit instruction to plead not guilty has breached the Constitutional right to counsel.

I am stunned.  What question? Apparently this is a thing in Louisiana. “Counsel’s strategic choices should not be impeded by a rigid blanket rule demanding the defendant’s consent,” Louisiana’s lawyers  wrote in a brief urging the court to pass on the case. Since 2000, the Louisiana Supreme Court has allowed defense lawyers to concede their clients’ guilt in four other capital cases over the clients’ express objections.

Good grief. Continue reading →

Morning Ethics Warm-Up, 10/17/2017: Comey, Eminem,”Hustler”… And Cognitive Dissonance

ARRGH! I thought this was posted hours ago! Verizon is doing it to me again, going on and off every ten minutes. This is war.

 

Good Morning!

1 Nicely dovetailing with last night’s Ethics Alarms post, Christian Toto put his finger on the tragic and narcissistic delusions of Hollywood celebrities and athletes, without specifying what is really going on: a complete failure to comprehend the Cognitive Dissonance, and the perils of defying the scale. His post is called, “Celebrities make it official: Pick Trump or Us!”

He relates…

Eminem appeared at the BET Awards this week to do more than plug his new album. He unleashed a four-plus minute rap against President Trump…

That’s hardly worth a news item alone. Virtually every player at every level of the entertainment world is against this Commander-in-Chief. Trump…A few have wished him dead in colorful ways. Eminem didn’t go that far. Instead, he turned some of his ire against Trump towards those who support the president:

“And any fan of mine who’s a supporter of his

I’m drawing in the sand a line: you’re either for or against

And if you can’t decide who you like more and you’re split

On who you should stand beside, I’ll do it for you with this:

Fuck you!”

The next night, “Late Night“ host Seth Meyers praised the rapper’s “powerful” rant-rap, and then said:

“And I was inspired by that, so tonight, I say to any fans of this show who are also big fans of Donald Trump, it’s time to make a decision,” said Meyers. “Get off the fence. Do you support him or do you support this show, that constantly mocks and denigrates everything about him? I know it’s a tough call, but the time has come to make a decision. Now, I’m not much of a rapper, but here it goes. My name is Seth and I’m here to say, if you like Trump, then go away.”

Then Meyers ended by flashing his middle finger.

Nice. Also incredibly arrogant,  stupid and ignorant. Whatever Donald Trump’s status on the public’s cognitive dissonance scale …

…was before November 8, it was a lot better after. The Presidency is high on the scale for the vast majority of Americans, because the Presidency, no matter who occupies it presently, carries the respect and prestige of all of the former Presidents, including Washington, Lincoln, the Roosevelts, and yes, Obama. That yanks a new President up the scale, and hard. Part of the assault on Jefferson, Jackson, Lincoln, Washington and Madison by progressives consciously or unconsciously seeks to counter this effect by tearing down the office—yes, “the resistance” would destroy the institution of the Presidency to save it—, but it doesn’t matter. The power of the office can’t fall far enough or fast enough to pass Seth Myers or Eminem on the lower rungs. These ludicrously confused semi-celebrities, just like the NFL stars that most people couldn’t pick out of a line-up, really think choosing between them and the President, the flag and the United States of America—you see, that is the team—and their minuscule and trivial personas is an easy choice. It is, but not the choice they think. When Trump wrongly injected himself into the foolish NFL kneeling protests, the players actually believed that if they showed “solidarity,” NFL would choose them over the President of the United States.

Brilliant.

2.  Yesterday, the FBI confirmed that James Comey indeed drafted his July 5, 2016 statement declaring that Hillary Clinton’s official and classified email machinations did not quite violate the law two months before he made it, and before Clinton had even been interviewed on July 2, 2016.

I initially was inclined to give Comey the benefit of the doubt here, but especially following on the heels of  the FBI  “discovering” last week 30 pages of documents related to the strange 2016 tarmac meeting between former President Bill Clinton and former Attorney General Loretta Lynch while the investigation of Bill’s wife was at a critical stage, I have to revise my opinion. Before the election, Comey’s FBI denied that any such documents existed. Are serious people really going to keep claiming that the President firing Comey was “obstruction of justice”? Increasingly it looks as if Obama’s keeping him in office was a travesty of justice. Or Justice.

 

The release of Comey’s prescient draft confirms information that Senator Chuck Grassley, chairman of the Senate Judiciary Committee, and Senator Lindsey Graham, a member of that committee, disclosed in a letter to new FBI Director Christopher Wray in August.  The Senate Judiciary Committee is reviewing Comey’s conduct as director and President Donald Trump’s firing him in May.

Some analysts are defending Comey, but that seems to be an increasingly forced exercise. “To me, this is so far out of bounds it’s not even in the stadium,” Chris Swecker, who retired from the FBI in 2006 as assistant director for the criminal investigative division and acting executive assistant director for law enforcement services, told reporters. “That is just not how things operate…. It’s built in our DNA not to prejudge investigations, particularly from the top.” Ron Hosko, an assistant FBI director under Comey, said that while drafting statements is not unusual, having such drafts include conclusions regarding matters that have not been thoroughly investigated is:
Continue reading →

Your Harvey Weinstein Ethics Train Wreck Update, With The Ethics Quote Of The Week From Screenwriter Scott Rosenberg

In 2009, after fugitive cinema auteur/child rapist Roman Polanski was arrested by Swiss police following a request by the U.S. Justice Department that he be extradited to serve his sentence, Harvey Weinstein authored an op-ed arguing  that  “Roman Polanski is a man who cares deeply about his art and its place in the world.” The article dismissed Polanski’s rape and sodomizing of a 13-year-old actress as “a so-called crime.”

 Weinstein then signed am infamous petition for Polanski, along with many Hollywood celebrities.

Last week, Academy Award-winning British actress Emma Thompson appeared on the BBC to  denounce Weinstein’s conduct.  Newsnight’s Emily Maitlis asked her, since she felt so strongly about sexual assault, why she had signed the Polanski petition.

No, I have not heard or read that any U.S. journalist has had the courage or integrity to ask the question of other actresses who have similarly flip-flopped.   Thompson she said she had signed “without really thinking about it . . . I had been absolutely bamboozled by my respect for his art.”

Sure. Emma, that explains it What woman doesn’t sign a “Forgive the rapist” petition without thinking about it?

2.  Hollywood Screenwriter Scott Rosenberg took to Facebook to post a provocative exposition on his early days at Weinstein’s Miramax Films, with a tough kicker: “Everybody fucking knew.” If everybody fucking knew, is it really believable that the Clintons, the Obamas, the other Democrats who gleaned millions from Harvey and Harvey’s connections, and the journalists that never exposed him at the cost of undermining their favorite party didn’t know?

No. It isn’t believable.

Here’s Rosenberg: Continue reading →

The NFL Is In Ethics Zugswang, But It’s For A Good Cause

Remember this, the essay a University of North Carolina athlete submitted to one of his courses—he got an A—leaked to the news media in 2014?

On the evening of December Rosa Parks decided that she was going to sit in the  white people section on the bus in Montgomery, Alabama. During this time blacks had to give up there seats to whites when more whites got on the bus. Rosa Parks refused to give up her seat. Her and the bus driver began to talk and the conversation went like this. “Let me have those front seats” said the driver. She didn’t get up and told the driver that she was tired of giving her seat to white people. “I’m going to have you arrested,” said the driver. “You may do that,” Rosa Parks responded. Two white policemen came in and Rosa Parks asked them “why do you all push us around?” The police officer replied and said “I don’t know, but the law is the law and you’re under arrest.

I think about this when I’m reading manifestos from pro football players who think the on-field protests that they can’t adequately explain are vital to national discourse. The protests aren’t, and the protesters aren’t. All of the articles about how protests are inherently patriotic are revealed as lies when the protests they are extolling are this divisive, this costly, and this pointless. The Kneelers are almost entirely filthy rich, maleducated, pampered, narcissist dead-heads whose critical thinking skills are infantile, and whose literacy is dubious. What entitles them to a national canvas every Sunday upon which to scribble their graffitti? Nothing. And by continuing to scribble, they are gradually reducing the visibility of that canvas, as well as the viability of their own occupation, which is short-lived already.

The NFL, meanwhile, is stuck in ethics zugswang by its own incompetence. Allow the players to continue making a mindless Fall ritual of mob ecstasy over the visceral pleasures of watching behemoths in armor crush each other an exercise in cognitive dissonance, and the NFL betrays its ticket-buyers, business partners, sponsors and stock holders. Tell the players to protest on their own time, and the NFL is siding with a President who crossed a line by telling a private business how to manage its employees, and setting itself up as opposing “police brutality,” thus Black Lives Matter, thus African Americans.

Meanwhile, the liberal punditry and news media, which doesn’t give a fig about football, is cheering on the Kneelers even as it drives the NFL into cultural harikiri. It’s a little like some of the more disgusting of the anti-gun fanatics when they reacted to the Las Vegas shooting: “Well, it was a lot of conservatives, so who cares, as long as we can use it to ban more guns.” Same here: Liberals, who are far from the core audience for pro football, are quite happy to see the NFL form a circular firing squad if it furthers “the resistance” and progressive narratives, if even for a little while.

An instructive example was a column earlier this month from the Times’ latest hard left op-ed writer, David Leonardt. Called “The Choice Between Winning And Kneeling,” it purported to be a “protest smart” exhortation to the NFL kneelers, without ever articulating exactly what this foggiest of all protests is supposed to win.

Leonardt begins with five inspiring and completely irrelevant paragraphs about the civil rights protests on the Sixties. This is intended to sanctify the NFL kneelers’ grandstanding, but accomplishes the opposite. That protest movement had clear and specific goals. Blacks and fair Americans wanted an end to Jim Crow. They wanted blacks to be able to vote, as the law said they could. They wanted an end to segregation, and discrimination by public commodities. They wanted to have equal justice under law enforced.

Making the intellectually dishonest leap from Selma to the football field, Leonhardt states, “The professional athletes doing political battle with President Trump are heirs to the civil-rights movement. They are protesting government-sanctioned violence against African-Americans,” thus falling flat on his face immediately. Wait: are they opposing President Trump, or are they “protesting government-sanctioned violence against African-Americans”?  Is he suggesting that Trump favors violence against African-Americans?  Who and what is the protest about?

Well, some are protesting one, some are protesting the other, and some are just going along for the ride. By what measure does Leonardt make the factually false statement that violence against African American is “government-sanctioned”? The U.S. government encourages people to kill blacks? No,  it doesn’t.  Leonardt dishonestly links to the Washington Post data base on police shootings, as if this supports his slur.  Among other things, those statistics show more whites shot than blacks. Never mind. Leonardt is just trying to pretend the NFL players have a clue what they want.

We know what legislative and societal measures Martin Luther King wanted. What measures would address the Kneelers’ concerns? A law declaring that police must never shoot blacks when the officers felt threatened? Officers counting to five before using their gun if a suspect is black, and just to three if he’s white? Automatically pronouncing any officer who shoots and kills a black man as guilty of murder? Dispensing with juries when white officers are involved, and using “innocent until proven guilty” as the standard when black officers are involved? Colin Kaepernick thought that any officer who shoots a black man should be automatically suspended without pay, before any investigation. Is that the goal? As I have noted before, “ending systemic oppression”  is just a slogan. It is meaningless. If it is meaningless, so is the protest calling for “something” to be done about it.

Leonhardt doesn’t care. He just wants to promote societal division; it’s the Leftist Way. “From a moral standpoint, this issue is clear. The athletes are right — and have every right to protest as they have. Trump is wrong, about the scourge of police violence and about freedom of speech,” he writes. Really? What are the athletes “right” about? Even they don’t know.  The President has never said that police violence was or wasn’t a problem, but I thought Leonardt just wrote a few sentences before that the protest was about “government-sanctioned violence against African-Americans,” didn’t he? But he linked to a source about police shootings involving all races. Whatever! This is an op-ed for the choir, and not its brightest members, either: there’s no genuine analysis or reasoning, just shotgun endorsement of broad progressive cant. Blacks oppressed. Police bad. Guns bad. United States racist. Trump racist.

Trump, of course, is completely correct about freedom of speech in this matter: employees don’t have a right to turn the workplace into their own, personal Sixties college campus. But, you see, Trump is intrinsically “wrong,” so even when he’s right, it’s wrong. Continue reading →

Morning Ethics Warm-Up, 10/16/2017: SNL, NFL, Collusion, Gossip, And Bribery

Good Morning.

1 Why am I only now getting around to today’s Warm-Up? It is because I spent more than 8 hours over the weekend, and three hours this morning, writing a Motion to Dismiss in response to a ridiculous, retaliatory, vindictive lawsuit by a pro se litigant with a grudge. The complaint has no legal cites, because no legal authority supports its claims. I, however, have to cite cases to show why the Complaint is completely without merit. Since the Complaint is a brain-rotting 18 pages, I have to carefully redact it to have a prayer of meeting the 20 page limit for motions. Even then, there is no guarantee that this won’t drag on for months.

No penalty will be exacted on the plaintiff for filing this spurious and groundless law suit. To do so would chill the right of citizens to seek justice and redress for wrongs through the courts. Thus the underlying objective of the suit will be accomplished: to force me to expend time and effort that I have far better uses for. Ethics Alarms readers are affected, my family is effected, my work is affected, my enjoyment of life is affected, and, of course, the system and the taxpayers who fund it are affected. This is an abuse of the system, but one that cannot and must not be impeded.

2. Does anyone have a theory about why the bribery trial of Democratic Senator Bob Menendez has received minimal mainstream media coverage that does not show bias? When Abscam was going on, the trials of the various members of Congress caught in a bribery sting were front page, Evening News headlines for weeks. The only U.S. Senator tried (and convicted) was a Democrat Harrison Williams. Has the news media become that much more partisan since the Reagan Administration?

3. As expected, exiled NFL kneeler (first) and quarterback (second) Colin Kaepernick has filed a grievance accusing NFL teams of colluding to prevent him from getting a contract with any team this season.

We’ve been here before. This is the Barry Bonds scenario all over again. Bonds, the definitive ethics corrupter in Major League Baseball and a flagrant steroid cheat and liar, was not resigned by the San Francisco Giants after the 2007 season. He was 42, but his season had been productive, with a 1.o45 OPS, close to the best in the game. I wrote an article for The Hardball Times arguing that Bonds would not be signed, because doing so would permanently scar any team that accepted him, injure the team’s culture, corrupt its young players, and wound baseball itself. The invective hurled at me and my article by sportswriters and readers was unrelenting. ESPN’s Keith Law said that my essay made anyone who read it stupid. MLB’s satellite channel’s hosts laughed about the idea that teams cared about such matters as integrity. Bonds, however, was not signed, and never played again. While he and his defenders claimed collusion among the owners, no evidence appeared. Continue reading →