Briefly…On Timing and Trials

I’m sorry. There was a lot to post on yesterday, and I was barely able to make it up to the office at all. I also had some client work to do, and that was really hard: my brain is in no shape to be scanning legal documents for ethics issues.

My friend is here, and yesterday it was just good having someone to talk to. (How Grace and I managed to raise a son as economic with the spoken word as Calvin Coolidge is a topic for the nature-nurture debate. One theory is that he could never get a word in edgewise.)

This is a segment from a larger post languishing on the drafting board. It’s amusing to read Trump-fearing pundits and analysts as they tie themselves in knots to try to avoid admitting that these are all—all of them—politically motivated prosecutions against Trump that would not be happening now if he didn’t threaten the Democrats’ grand plan. They don’t want to admit that they are desperate to see him convicted of something so it can swing enough votes to save Biden, but everything they write and say eventually leaks that obvious motive.

Here’s an example from yesterday. A Politico writer keeps saying “that that the public has a strong interest in a speedy trial, and indeed, a federal statute requires judges to set trial dates that account for “the best interest of the public.” He adds, disingenuously, that “Americans have repeatedly told pollstersnearly two-thirds of them, including roughly one-third of Republicans — that they want to see a verdict in the case before the election.”

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A Few Random Thoughts Post Grace…[Expanded]

  • Friends are a problem for me, always have been. Someone wrote that friends come in and out of your life like waiters at a diner, and that no doubt accurate description has always bothered me. For a long time, I prided myself on keeping in touch with friends from grammar school, high school, college—and eventually lost touch with more and more of them, feeling guilty about each one. At the same time, I’m uncomfortable with overt displays of friendship, even as I tear up at the finale of “It’s a Wonderful Life.” My father, who had exactly four close friends over his entire life (not counting his best friend, my mother) was the same way exactly. So I can blame him.
  • It’s hard to gauge heartfelt condolences from the pro forma variety, isn’t it? I’m hearing on Facebook from some people who have mostly ignored me for years. I know this is a ritual of civilization that is important for re-establishing our commonality and bonds as human beings. Yet it sure seems weird that it takes a tragedy to activate the impulse.
  • One of my oldest friends heard about Grace and announced that he was going to drive down from Connecticut to help me cope with everything unless I ordered him not to. So he’s coming. I have a few friends who are like that, just a few. I suppose nobody has too many more, friends who come to one’s aid because they want to and not because they feel obligated.
  • None of the above in any way diminishes my genuine gratitude for the lovely and caring condolences (and even flowers!) I have received   from many of you on EA and privately. I have only met a handful of you face-to-face, after all—and one of the few I ended up banning from the blog. You have no obligations to me: the fact that you would express what you have touches me greatly. I am on the cusp of descending into an all-time orgy of second-guessing and self-doubt, but so far, at least, you have kept me out of the abyss.

Added: I just had my first conversation discussing Grace’s passing with someone who should have felt close to her after a life-long, supposedly close family relationship. I might as well have been relaying a baseball score. By any normal calculus, my wife’s death should have affected this individual nearly as much as it does me. Yet in our conversation I’d guess 25% of her contribution was laughter. (I’m not that funny.)

None of this was exactly a surprise to me after many years of interactions with this woman, but it does give me some insight into Grace’s seemingly inexplicable insecurity and anxiety. It took a great deal of restraint for me to avoid asking, “What is wrong with you?” I know—defensive reactions, everybody deals with grief differently, blattily blah (as Grace used to say).

I really don’t think she cares. She’s a sociopath.

Ethics Tip (To the Biden Administration): You Can’t Resolve an Ethical Conflict By Taking Contradictory Actions Simultaneously

I would think that would be obvious to mature, competent, experienced and responsible policy-makers. But perhaps that’s not relevant here…

I awoke today to the news that the United States has air-dropped “humanitarian aid” into Gaza. Three US C-130s dropped 66 palettes of food, 22 from each aircraft. Biden complained last week about the slow pace of assistance flowing into Gaza, the Israeli campaign against which the United States is supporting with its funds. Wars against enemies are designed to make the populace under attack less well-off, eventually to the point where their government says “Enough!” and surrenders. Aid to a population under attack is intended to make the population under attack better off. Simultaneously funding an attack on a region and sending aid to that region isn’t ethical. It is offensively cynical, not merely refusing to make a decision, but making contradictory decisions to appeal to groups with diametrically opposing interests. Sending aid of any kind to the enemy of the nation we are supporting in a war can accomplish little more than extending that war. The most ethical way to engage in the unethical practice of warfare is to end it as quickly as possible.

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So It’s Come to This: A Question About Sandwiches Reveals the Insane Ideological Divide and the News Media’s Bias

I’m embarrassed to have to write about this crap.

Earlier this week former New York Times editor Adam Rubenstein published a tell-all about his experiences at the paper in “The Atlantic.” His theme: the oppressive progressive bias that made him feel like an outsider.

Rubenstein related a minor incident when he was criticized for saying that Chick-fil-A’s spicy chicken sandwich was his favorite after being asked about his sandwich preferences at his orientation. Rubenstein wrote that an HR rep replied, “We don’t do that here. They hate gay people,” and the other Times employees signified their approval of the rebuke by snapping their fingers.

So the Times hires Beatniks now! Good to know.

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I’m All in Favor of Female Athletes Refusing to Compete Against Transgender Athletes Who Went Through Puberty As Males…But in Pool???

Activist Riley Gaines has announced that “Any woman who doesn’t compete and loses out on prize money, I will happily pay the fee out of my own pocket. In any sport.” Now she’s putting her money where her tweets are. “At the European Pool Championships, female player, Kim O’Brien, forfeited the women’s final where she was set to play male player, Harriet Haynes,” she wrote. “I am happily paying her the prize money she lost out on. Stop playing their game. More of this!!”

Isn’t this the weakest possible example for Gaines’s crusade? I don’t understand why pool or billiards competitions are segregated by gender. It’s not a strength sport, or an endurance sport. I may be missing something, but I can’t imagine why a woman can’t compete on even terms against any man in pool. Gaines seems to be falling into a sexist trap. Woman aren’t unable to compete on an equal basis with men in everything.

Friday Open Forum

I woke up all set to write about the pernicious effects of consequentialism, since I am kicking myself for not forcing Grace to go to the ER the night before she died. I was certain something was wrong, but not fatally wrong, and she was adamant that all she needed was a good night’s sleep. If she wasn’t better in the morning I had resolved to call the EMTs.

Right now, I’m too exhausted to write much more than that.

Grace Marshall, April 8,1952-February 29, 2024

I woke up this morning to find that Grace, the love of my life, my partner, lover, best friend and more, had passed away during the night. I had no warning at all; she had been having some health issues but nothing that suggested that she was in mortal peril.

We were married for 43 years.

I had a scheduled legal ethics seminar, and, of course, taught it as planned. After all, it was about professionalism.

I may write some more about this, depending on how I feel as the day goes on.

Ethics Quiz: Slapping Down the Daughters of the Confederacy

On the heels of the previous post about intolerant progressives came my awareness of the news that both chambers of the Virginia General Assembly, dominated by Democrats, passed bills that would eliminate long-standing tax exemptions for the United Daughters of the Confederacy, a group that was founded in 1894 for female descendants of Confederate soldiers. The group’s mission was and is to honor Confederate ancestors through memorial preservation—an increasingly difficult job—and charity work. It is currently exempt from paying property taxes and recordation taxes, which are charged when property sales are registered.

This week the State House of Delegates passed a bill revoking the group’s exemptions as well as the property tax exemptions for two other Confederate heritage groups, the Stonewall Jackson Memorial Inc. and the Confederate Memorial Literary Society.

To state the obvious, the three non-profit groups have been targeted because many legislators don’t like their beliefs and activities. Don Scott, the Democratic speaker of the Virginia House of Delegates, said it was important to revoke the exemptions from “organizations that continue to promote the myth of the romantic version of the Confederacy.”

How dare they?

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Do Progressives Realize What They Are Becoming?

It’s a serious question. Several episodes lately have reminded me of the ubiquitous saying about how we all risk becoming the thing we most hated in our youth, or that we inevitably turn into the person we hate most, etc. There are too many versions of the quotation to list.

I started my mind wandering down these dark corridors while researching a post I may never write about Harvard’s gobsmacking alumni magazine this month, as various writers and revered minds tried (and failed) to make sense out of the university’s recent travails without, somehow, saying anything critical about the woman at the center of them, deposed Harvard president Claudine Gay. After all, she is still on the faculty (and black, and a woman, and a DEI warrior), so being overtly negative about her conduct—as in making her accept responsibility—apparently would be too transparent to countenance.

In an essay reprinted from the “Chronicle of Higher Education,” Derek Bok (who became president of Harvard while I was a student there) wrote about the school’s cultural challenges, and, I noticed, never mentioned the term “progressive” once in his article, only the term “liberal.” And I thought, “Wow. Talk about being out of touch.” Does Bok really think today’s militant, intolerant, censoring, bullying, doctrinaire progressives would qualify as liberals in his era? Sure, they embrace many of the same agenda items, being anti-war, pro-drug use, wanting abortion on demand and other Sixties obsessions. But they are anything but liberal in the classic sense.

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