Morning Ethics Warm-Up: 7/13/17

/ Jack Marshall / 26 Comments

Good Morning!

1. I owe Robin Meade an apology. The astoundingly bright-eyed, bushy-tailed HLN morning host has been used here as an an example of the sexism of broadcast news media producers, and it is true that she is uncommonly attractive even by “news babe” standards. However, I have come to realize that she is also a unique talent, and more than just a pretty face and figure. Meade has natural presence and charisma, projects genuine optimism and and an up-beat nature, and most unusual of all, doesn’t spin the news or tilt her delivery to signal her own opinion. She’s really good at what she does. I’m sorry Robin; I was biased against you because you are attractive, which is just as wrong as being biased for you. You’re a pro, through and through.

2. Constitutional law expert Eugene Volokh (who is also my favorite candidate for a Supreme Court post if one opens up) published what I consider to be a definitive refutation of the claim that receiving opposition research, as in “damaging information about Hillary Clinton,” is a crime under current law. He also makes a case that it couldn’t be criminalized under future law:

“It would raise obvious First Amendment problems: First, noncitizens, and likely even non-permanent-residents, in the United States have broad First Amendment rights. See Bridges v. Wixon, 326 U.S. 135 (1945) (“freedom of speech and of press is accorded aliens residing in this country”); Underwager v. Channel 9 Australia, 69 F.3d 361 (9th Cir. 1995) (“We conclude that the speech protections of the First Amendment at a minimum apply to all persons legally within our borders,” including ones who are not permanent residents).

Second, Americans have the right to receive information even from speakers who are entirely abroad. See Lamont v. Postmaster General, 381 U.S. 301 (1965). Can Americans — whether political candidates or anyone else — really be barred from asking questions of foreigners, just because the answers might be especially important to voters?”

The professor concludes not. I hadn’t even considered the First Amendment issue in determining that the election law prohibition against receiving “anything of value” benefiting a candidate from a foreign nation or individual was not intended to preclude mere information, but Volokh’s argument seems air tight. Continue reading →

Ethics Headline Of The Month: “Vatican: The Body of Christ Is Not Gluten Free”

/ Jack Marshall / 76 Comments

Bravo to Johnathan Turley for neatly summarizing what’s wrong with the Catholic Church’s recent affirmation of its long-standing requirement that the bread and wafers used during communion in Catholic churches around the world must have at least some gluten in them, or the Church will collapse and Satan will reign, or something.  Meanwhile devout Catholics who must avoid eating gluten, including people who have Celiac disease, just have to plug along, get half a communion, or get sick. God wants it that way.

What a throbbing example of arrogant and compassion-free bureaucratic thinking. The Professor’s headline captured the idiocy and rigidity of it perfectly.

The Catholic News Agency shrugged the story off with a couple of rationalizations: “It’s always been this way” and “This is nothing new.” Neither are satisfactory excuses when making the communion dangerous to the increasing number of Catholics with Celiac disease. The issue is mirrored by the dilemma faced by alcoholics, who fear drinking wine; the Catholics, unlike the Methodists and other Protestant churches, insist on at least minimally fermented wine. Grape juice just won’t do. Why?

“Christ did not institute the Eucharist as rice and sake, or sweet potatoes and stout,” Chad Pecknold, a theology professor at Catholic University, told the Washington Post. “It may seem a small thing to people. But the Catholic Church has spent 2,000 years working out how to be faithful to Christ even in the smallest things. To be vitally and vigorously faithful … is something which is simply integral to what it means to be Catholic.”

[A long bitter section about how bureaucracies are habitually doctrinaire about small matters while ignoring pervasive corruption and destructive hypocrisy has been deleted here, in part because it is ugly, and also because anyone who can’t write their own version hasn’t been paying attention to the Catholic Church for the last 500 years…or even the last 17.] Continue reading →

Observations On The Trump Jr. “Collusion” Attempt [UPDATED]

/ Jack Marshall / 44 Comments

1.  Preet Bharara, the ex-U.S. attorney fired by the Trump Administration, tweets…

Quick reminder: something doesn’t have to be illegal for it to be foolish, wrong and un-American.

True. When Donald Trump, Jr. was informed that a Russian lawyer wanted to meet with him to pass along damaging information about Hillary Clinton, he should have gone to the FBI immediately, because this could have been indicative of a national threat. Instead he said “Whoopie!” or words to that effect. Moron.

But we knew that.

*Notice of Correction: In the original post, I erroneously stated that Bharara had joined Mueller’s team investigating Russian interference with the election. That was incorrect. I apologize. I was confused by this headline from the Washington Examiner: Special counselor adds former Preet Bharara prosecutor to Russia probe: Reports. It’s a bad headline, but I should have read the whole article. Careless.

2. Similarly, if Danny Jr told Kushner and Manafort what he was told the meeting would be about, THEY should have told him that the meeting was a bad idea, and to report it. They are slime-bags, and none too bright either.

We knew that, too.

3. It may be pure moral luck that this didn’t turn into a serious breach of election laws. But the fact is that no information changed hands, as far as we know. There was no “collusion,” which isn’t a legal term anyway.

4. The New York Times, from its good side, actually detailed the legal realities of the case, which ironically show how absurdly over-heated and misleading its own coverage is. The Times consulted with legal experts who said,

  • The events made public in the past few days are not enough to charge conspiracy.  Renato Mariotti, a former federal prosecutor said the revelations are important because if further evidence of coordination emerges, the contents of the emails and the fact of the meeting would help establish an intent to work with Russia on influencing the election…at least on Donald Trump Jr.’s part.

But as has been the situation throughout, the episode is still waiting for real evidence of genuine collusion between the Russians and the Trump campaign, and this wasn’t it. The anti-Trump mob, in the news media and out of it, is so, so eager, so desperate, to prove sanctionable wrongdoing that it is pouncing on everything that contains a shred of hope.

  • There has to be an underlying federal offense that is being conspired to be committed. So far, there is no evidence of that, and the aborted meeting with the Russian lawyer didn’t come close.

If the e-mails released yesterday specified that what was being offered had been obtained by an illegal computer hack, that would  be enough. They didn’t. Continue reading →

The Good Luck Jet Engine Sabotage

/ Jack Marshall / 48 Comments

China Southern Airlines Flight 380 from Shanghai to Guangzhou was held up at the Shanghai Pudong International Airport after an elderly female passenger threw coins into the plane’s engine to ensure “good luck.” An investigation into the incident is under way, the airlines says.

This bizarre story raises a serious and difficult ethics question. At what point should there be severe societal penalties for egregious life incompetence?

The elderly are obviously the most prone to this sort of thing. At some point many of them just stop paying attention, or lose the ability to keep up. In criminal law, we do not typically punish people for harm they do as a result of ignorance, but there are limits. There have to be.

I have a long delayed post on life competencies on the Ethics Alarms drawing board; it will eventually be a permanent free-standing page, like the Rationalizations List. The topic is difficult. What skills and knowledge are all of us obligated to have, if not master? If our inattention to Continuing Life Education makes us menaces to society, how should society respond? With pity? Sympathy? Compassion? Pat the fools on the head, and give them a stipend?

Being an ethical member of society mandates being able to participate in society’s activities without constantly screwing up. That, in turn, requires a level of personal responsibility. Society needs reasonable, fair, not overly harsh or intrusive ways of persuading everyone to meet this minimum requirement of citizenship. What are they?

It doesn’t have to be as ludicrous as an old lady nearly crashing a jet by throwing good luck coins into its engine, either. As we are increasingly dependent on technology, and as technology moves up a J curve, the damage that can be done by, just to take a wild example that could never happen, someone in a sensitive position using “password” as their computer password, thus enabling a foreign governments to steal confidential data and use it to set off an Ethics Trainwreck, is terrifying. How does a responsible society send a message that is sufficiently persuasive to people before they blunder into chaos ?

I don’t know the answer yet.

I’m just asking.

And now, a song!

Three coins in the engine
Each one risking air distress
Thrown by one stupid granny
How should she pay for the mess?

Three coins in the engine
Each as deadly as the first
There they lie in the engine
See the flames there as they burst!

Which will make the airplane crash?
Which will make the airplane crash?

Three coins in the fountain
Through the turbines how they shine!
Just one wish will be granted
Hope the charred corpse isn’t mine…

 

________________________

Pointer: Fred

Source: Boing Boing

Morning Ethics Warm-Up: 7/12/17

/ Jack Marshall / 73 Comments

Good Morning, everyone…

1. “Morning Joe” Scarborough went on “The Late Show With Stephen Colbert”-–where President Trump is officially referred to as Putin’s “cockholster”—and played to the anti-Trump audience by announcing that he was leaving the Republican Party as cheers rang out in Colbert’s echo chamber. More blatant pandering virtue-signaling and grandstanding would be hard to imagine.

Scarborough has followed up his short, undistinguished  career as a conservative GOP congressman by playing on-air conservative foil to his supposedly opposite-minded  co-host Mika Brzezinski on MSNBC while that network attacked Republicans on every show and all day long. In really, we have learned, he and Mika were sufficiently sympatico to be having a romantic affair while posing as journalists, meaning that the whole format was an act as well as an extended date. Scarborough was also complicit in helping Trump to the nomination of Joe’s alleged party by promoting him until he had nabbed the nomination. Once the Miracle of November 8, 2017 occurred, Joe made the obligatory U-Turn.

Never mind: I don’t care how Scarborough or anyone else registers; what matters is if they have the integrity to vote for the best candidate whatever party he or she represents. I do care that Scarborough used the smear that President Trump is a racist, and expressing to Colbert his disgust that GOP lawmakers, he claims, have refused to admonish Trump’s “racist” statements and election promises.  This is another sloppy chunk of the anti-Trump false narrative, and by resorting to it, Joe proves, not that he isn’t a Republican, but that he is a race-baiting character assassin.The evidence that the President is racist is elusive, but the smear is repeated among the resistance as truth so frequently that it has reached Big Lie status.

2. In February, the left-biased, Trump-reviling Huffington Post purported to list “16 Examples” of Trump “being a racist.” The whole campaign, his whole career,, with Democratic groups and activists repeating the slur for months, and this was what they could scrape up. (Spoiler: it’s pathetic…) Continue reading →

Case Study: When You See Racism Where There Is None, I Really Don’t Care What Else You Say Is Racist

/ Jack Marshall / 47 Comments

I’m shocked, shocked that this embarrassing and ridiculous episode emanated from a Black Lives Matter leader!

Deray McKesson, one of the most visible and vocal  leaders of the Black Lives Matter movement, announced on Twitter that he was personally offended by the costuming  in the new “War for Planet of the Apes” movie. Some of the conquering apes were wearing vests like the one he always wears! Obviously the film was making a racist statement about Deray McKesson! Why, this was like the Donald Trump clone being assassinated in “Julius Ceasar”! The activist tweeted,

He really did. Here is a movement that has sparked violence, divided college campuses, prompted attacks on police, caused deaths and NFL grandstanding, and one of the key individuals at the center of it is so conditioned to see racism behind every shadow, cloud and wisp of breeze that he thinks a science fiction movie is targeting him personally.

(Psst! Deray! The movie isn’t insulting you, because most people don’t know who you are, and as your conduct here demonstrates, have no reason to , because you are a silly, divisive, racist and race-obsessed narcissist with an outlandishly inflated view of your own importance.) Continue reading →

Ethics Hero: Donald Trump, Jr.

/ Jack Marshall / 185 Comments

Donald Trump, Jr. just released the entire e-mail chain that the New York Times alluded to (without actually seeing it) in a front page story designed to advance the Russian-Trump collusion  narrative.

Good for him. It would be wonderful if this were the usual course, in the Trump administration and every other one. Stop stonewalling, get the facts out, and take whatever comes.

Observations:

1. New York criminal defense attorney Eric Turkewitz, seemingly displaying  the ethics of his breed, implies that Trump, Jr.’s attorney would have been telling him to delete the messages. That would be unethical, and quite probably spoliation, since the e-mails could be reasonably seen as likely to be sought in an investigation already underway. My assumption is that Trump’s lawyer approved the release. Maybe Eric would have too.

2. Vox, among others, are tracking down partisan election law lawyers who will argue that young Donald was violating election laws. I’m extremely dubious of that.

The relevant statute language:

A solicitation is an oral or written communication that, construed as reasonably understood in the context in which it is made, contains a clear message asking, requesting, or recommending that another person make a contribution, donation, transfer of funds, or otherwise provide anything of value.

Unless one is determined to read the statute as meaning what it pretty clearly does not, “value” means monetary value, not “useful.”  “Value” could reasonable mean services, like spending time and resources hacking DNC computers. But handing over a document already acquired? How is that value if it didn’t cost anything? If the information was not illegally obtained by the Russians, and we have no way of knowing whether it was, then simply receiving proffered information that might be useful in a campaign doesn’t involve a campaign in a crime.

3.  “Colluding” is a pejorative term, but not a legal one. Is an American “colluding” with a foreign power once he or she has been told that the power wants a particular result, and the American takes steps to accomplish the same result, but in his own interests? Is that a crime? No. Continue reading →

Morning Ethics Warm-Up: 7/11/17…”Alan Brady” Shows His Ignorance, And The New York Times Shows Its Bias.

/ Jack Marshall / 38 Comments

Good Morning!

[By the time I finished #1 on today’s list, there was no room for the rest, except for the shortest item. Oops. But it’s Carl Reiner’s fault: he ticked me off.]

1. Carl Reiner, comedy legend and still kicking in his 90s, wrote an op-ed for the New York Times urging Supreme Court Justice Kennedy not to retire, as some believe he is preparing to do. Kennedy is a relative  whippersnapper at 8o. That Reiner’s argument is unethical in multiple ways should be obvious, but then expecting the editors of the New York Times to spot an ethics problem is naive.

Reiner tells Kennedy that he shouldn’t retire because ” the best part of your career has just begun. As a nonagenarian who has just completed the most prolific, productive five years of my life, I feel it incumbent upon me to urge a hearty octogenarian such as yourself not to put your feet up on the ottoman just yet. You have important and fulfilling work ahead of you.” The problem is that the decision shouldn’t be based on what Kennedy wants or will enjoy. He’s supposed to act in the best interests of the nation, not to maximize the rewards of his golden years. Reiner uses a comparison to his own career—he still acts periodically, but even Reiner can’t possible think that his last five years were objectively more productive than when he was writing and performing in “Your Show of Shows,” or playing Rob Petrie’s hilariously nasty boss on “The Dick Van Dyke Show”—which shows a narrow perspective. If Carl can’t perform the way he used to but movie-goers still like watching him, there’s no harm done. A SCOTUS justice who no longer is in top mental fettle, however, can do substantial harm.

How many screenplays has Reiner had produced since he turned 80? How many studios have hired him to direct? The last movie he wrote was in 1989, when Carl was 67.  His last directing assignment was 20 years ago. So Carl has retired from those jobs that are too demanding for him, just not acting. His argument to Kennedy is disingenuous. Gee, maybe the Justice should try acting, like Carl.

Reiner’s entire piece is a sham: it isn’t about retirement, it’s about liberal politics. He writes,

“The country needs justices like you who decide each case with fairness and humanity, and whose allegiance is to the Constitution of the United States of America, not to a party line. You have always voted your conscience, and defended the rights and liberties of all our citizens.”

Is  Reiner seriously arguing that there are no younger qualified judges “whose allegiance is to the Constitution of the United States of America, not to a party line” ? That’s what all SCOTUS justices are pledged to do.  Does anyone think that Reiner would like Justice Ginsberg, also in her 80’s, to step down because she reliably hews to Democratic Party positions in virtual lockstep? No, of course not. What he is really saying is that when Republican-appointed justices consider cases, they violate their duty to be objective, but when Democrat-appointed justices decide in favor of progressive positions, they are just being wise and fair. This also the position of the New York Times, which is using an old man as its mouthpiece. Nice. Continue reading →

Clearly, This Is Never Going To Stop Until The News Media Gets What It Wants, Or Loses All Credibility…

/ Jack Marshall / 92 Comments

[ I cannot begin to express how much I resent having to keep writing posts on this topic.]

The New York Times  has reported  that a Russian lawyer ( Various reports use the intentionally sinister addition “with ties to state-owned enterprises and to a senior government official.” which simply means that the lawyer had represented them. This isexactly  like saying that a criminal defense lawyer “has ties to the mob”because he once represented a gangster. It is despicable journalism, biased and misleading) met with Donald Trump, Jr., Paul Manafort and the President’s son-in-law, Jared Kushner, having been told that she could offer access to negative information about Hillary Clinton. The three members of the Trump campaign quickly discovered that she could not, and wanted to lobby the group on another matter.

Don Jr. said in a statement that he had met with the lawyer, Natalia Veselnitskaya, at the request of an acquaintance and denied that he received any information on Clinton.

“After pleasantries were exchanged, the woman stated that she had information that individuals connected to Russia were funding the Democratic National Committee and supporting Ms. Clinton,” he said. “Her statements were vague, ambiguous and made no sense. No details or supporting information was provided or even offered. It quickly became clear that she had no meaningful information.”

Trump Jr. added that Veselnitskaya  changed the subject and began discussing the adoption of Russian children and moved the conversation towards the Magnitsky Act, the  2012 bill that blocks certain Russian officials’ entrance to the U.S. and their use of the U.S. banking system. “It became clear to me that this was the true agenda all along and that the claims of potentially helpful information were a pretext for the meeting,” he concluded.

That’s it. That’s the whole thing. Yet all the news stations and news sites are treating this like it is a smoking gun, proof of impeachable offenses by Donald Trump and crimes by his campaign. There is wall to wall coverage, and it is, based on what we know thus far, nothing at all but anti-Trump hype and more of the apparently endless effort by the news media and Democrats to keep the Russian collusion narrative going without any genuine fuel.

I was saddened to see Richard Painter, a solid legal ethicist who has helped drive traffic away from my favorite ethics site by turning it into his own personal Trump attack page with over-heated theories obviously cooked up by a brain derailed by a Trump obsession. On MSNBC , Richard fumed, Continue reading →

If “A Boy Named Sue” Had Problems, What’s Chance Does An IT Named Searyl Have?

/ Jack Marshall / 79 Comments

“It’s up to Searyl to decide how they identify, when they are old enough to develop their own gender identity. I am not going to foreclose that choice based on an arbitrary assignment of gender at birth based on an inspection of their genitals.”

—Statement released by Katy Doty, Canadian non-binary transgender activist and mother of Searyl Atli Doty, upon it’s birth.

Let’s stipulate a few things before we get into the muck and mire, as well as the “ick” and “Are you kidding me?”…1. As the mother of Searyl, who I recommend trademark that name quick before a drug company uses it for te latest product that will do something to alleviate some dread disease if a sufferer is willing to risk dozens of equally dread side-effects listed at the end of a TV commercial, Katy has every right to do this

2.Katy’s using her just born child as a political and a political prop. She thus qualifies as a soul-less, radical mother who puts her political obsessions over her obligations to her own child, and a great candidate to be an awful parent.

Good luck, Searyl Atli, but I think you are doomed.

3. That name isn’t going to do the kid—can we agree it’s a kid, Katy?—any good either.  Giving a child anything but a name that will allow him or her to go through life without a  needless and gratuitous handicap nailed to them by parents amusing themselves, grandstanding or turning their offspring into a billboard is a form of child abuse. Being saddled with a name nobody can pronounce—Seerill? See-Ay-rill? See-Ay-RILE? Wait… is this name really an illiterate spelling of Cyril?— or spell will rob anyone of about a thousand hours before they are 60, if they are lucky.

Why would a mother inflict this on a child? Because the mother is a selfish jerk, that’s why.

4. This is grandstanding,  narrow-focused virtue-signaling, and worse. Continue reading →