Regarding “The Appeaser’s Apology”

In last week’s open forum, there was discussion regarding this incident:

During his testimony in a U.S. Senate hearing on social media and its negative effect on children, Meta founder and CEO Mark Zuckerberg responded to a question inquiring whether he had taken any action to mitigate the problem, such as firing employees, providing compensation to alleged victims or apologizing to the families of people who were harmed by posts on Facebook or Instagram, which his company also owns. In response, Zuckerberg stood up, turned to an audience including parents holding up pictures of loved ones, and said,

“I am sorry for everything that you have gone through. It’s terrible. No one should have to go through the things your family has suffered. And this is why we invested so much and will continue doing industry leading efforts to make sure that no one has to go through the types of things your families have had to suffer.”

Tasked (by himself) with deciding where this statement falls on the Ethics Alarms Apology Scale, commenter JutGory opined,

It almost looks like a Number 8 (A forced apology for a rightful or legitimate act, in capitulation to bullying, fear, threats, desperation or other coercion.), except that Zuckerberg is not apologizing for a rightful or legitimate act. The Legislators were ascribing acts to him when he did nothing.

It also looks like a 10 (An insincere and dishonest apology designed to allow the wrongdoer to escape accountability cheaply, and to deceive his or her victims into forgiveness and trust, so they are vulnerable to future wrongdoing.), except that, again Zuckerberg is not apologizing for something he did.

I think the Apology Scale needs another collateral entry that does not actually fit on the scale: The Appeaser’s Apology: A forced apology offered in response to a baseless accusation of wrongdoing because the person demanding the apology is too stupid or self-righteous to bother reasoning with.

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Stop Making Me Defend Tucker Carlson!

I’m reasonable sure I have made my ethical assessment of Tucker Carlson clear for years now: he’s an opportunist, he’s a demagogue, he’s ambitious and it is impossible to determine what he really believes. He’s also glib and articulate, and I could not care less what he advocates or opposes, since he makes such calculations based on ratings and their perceived usefulness in giving him fame and power.

However, lately Carlson is taking flack because he is in Russia, apparently preparing to interview Vladimir Putin. The criticism is across the partisan and ideological spectrum. The Left, predictably, detests Carlson and would criticize anything he did. But conservatives are attacking him too. Bill Kristol, the NeverTrump director of Defending Democracy Together, said sarcastically, “Perhaps we need a total and complete shutdown of Tucker Carlson re-entering the United States until our country’s representatives can figure out what is going on.” Bill Browder, the CEO of Hermitage Capital on CNN that Carlson is “either remarkably stupid or consciously evil.” “He’s not stupid,” replied CNN’s John Harwood. Adam Kinzinger, who along with Liz Cheney served as one of the only two Republicans on the House select committee that turned the January 6, 2021, Capitol riot into an extended “Get Trump!” kangaroo court, pronounced Carlson “a traitor”.

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In Case You Were Wondering, Against All Odds Republicans Still Hold “The Stupid Party” Title

Last night the New York Times reported that Republican National Committee chairwoman Ronna McDaniel will resign after the South Carolina primary. Anyone paying attention knows that in a competent party, McDaniel would have resigned in 2022 after her party failed miserably in the mid-terms despite the ongoing train wreck of the Biden administration. If McDaniel herself had any integrity, pride, sense of accountability and decency, she would have resigned after that debacle on her own initiative, if not committed ritual seppuku and eviscerated herself on the steps of the Lincoln Memorial.

For some reason, electing incompetent heads of the Republican National Committee is a tradition in this perpetually addled party. Remember Michael Steele? The guy who said his favorite book was “War and Peace” and then purported to quote Tolstoy by reciting reverently, “It was the best of times, it was the worst of times…”?

What finally did Ronna in was Red State’s Jennifer Van Laar’s investigative reporting on McDaniel’s ineptitude and warped priorities based on the evidence of official Federal Election Commission figures. (Ah, if only we had some mainstream, trustworthy, independent, professional institution that did things like that!) Here’s a sample, but the first part alone would warrant firing the individual responsible in a serious and competent organization. The period covered is October 20, 2022 through November 30, 2023:

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From the Res Ipsa Loquitur Files: Flat Learning Curve at Harvard

Two depressing items to diges in the apparently unstoppable decline of Harvard University: the headline was composed based on the first, but the second may be even more disturbing. (Incidentally, I feel I should apologize for presenting so many EA posts involving my alma mater —and that of my sister and father, and where my mother was briefly a dean. However, its decay and current crisis mode would be ethics fodder of the same import if I had matriculated from Podunk U.)

First, here is the main substance of the proud announcement I was gifted with over the weekend from Harvard’s interim president. Recall that Harvard’s recent fiasco was seeded by a leadership group and campus culture that prioritized “diversity, equity and inclusion” to such an extent that it elevated an under-qualified, academically devious dean who had been involved in woke debacles during her tenure to be the new university president, primarily on the basis of her career-long obsession with “diversity” (and her color and gender, naturally). Coming under just and vituperative criticism for both engineering Claudine Gay’s ascent and later, after she had proven herself unfit for the job, acting to cover-up the scandal until the pressure by donors and students became too intense, was the Harvard Corporation, an all-Democrat and progressive woke cabal that ironically lacked diversity itself in the areas of world view and thought. Behold the two new members of that body selected in the wake of the criticism:

“…We write to let you know that two accomplished alumni will join the Harvard Corporation in the coming months…

Ken Frazier, a 1978 graduate of Harvard Law School, is former chairman and CEO of Merck & Co… he has had a distinguished career as a practicing lawyer, first in private practice and later as Merck’s general counsel. Known for his dedication to expanding opportunity for others, he recently co-founded OneTen, a nonprofit coalition focused on expanding family-sustaining employment opportunities for people lacking a four-year degree with an emphasis on Black Americans....

…His many honors include the Anti-Defamation League’s Courage Against Hate Award (2020) “for using his platform to speak out on behalf of marginalized communities and serving as an exemplary role model for corporate leadership.”

Joe Bae, a 1994 graduate of Harvard College, is co-CEO of KKR, a global investment firm…he has served on numerous boards, including institutions such as the Lincoln Center for the Performing Arts (current vice chair), Phillips Academy Andover (former trustee and chair of nominating and governance committee), the Asia Society, the Hong Kong Ballet, and the Nature Conservancy’s Asia Pacific Council. He is also a co-founder and board member of The Asian American Foundation (TAAF), which was established in 2021 to serve the Asian American and Pacific Islander community….Along with his wife, the novelist Janice Y. K. Lee ’94, he led a recent philanthropic drive to support an FAS initiative to expand education and scholarship in Asian American studies.

Frazier is black, and has concentrated on programs and initiatives assisting African Americans. Bae is Asian, and his focus has been substantially in the area of advancing the interests of Asian-Americans. Bae’s appointment is a pretty transparent reaction to Harvard’s losing the lawsuit by Asian-Americans who claimed they had been discriminated against by the school’s affirmative action policies, recent ruled illegal by the Supreme Court.

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Now THIS Is an Unethical Judge!

How do people this unethical…and dumb…get to be judges? I don’t understand this story at all.

Sidney Southerland is a party in a child custody case before Family Court in the Bronx, and was surprised one day to receive a personal message on 3Fun, “the leading app for sexually free singles.”

The message was from the presiding judge in her case.

“GM,” the woman wrote in a message just before 8 a.m. on January 24 (“GM” is texting slang for good morning), “Am Cynthia. How are you?” The sender’s profile photo showed a woman wearing black heels and a black negligee, sitting cross-legged on a couch.

A stunned Southerland read the woman’s profile, which stated, “We are a full swap couple in an ethical non-monogamous dynamic looking to have some hot sexy fun with other full swap couples and single ladies.” It continued, “We love thick girls just as much as we love petite girls! At the end of the day it’s all about personality. Guys at the most should be stocky and I the female, prefer males to be somewhat endowed.”

It was her Family Court judge, Cynthia Lopez, and she had sure picked the wrong target for a pick-up. 

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Ethics Quote of the Month: D.C. Circuit Court of Appeals

“It would be a striking paradox if the President, who alone is vested with the constitutional duty to ‘take Care that the Laws be faithfully executed,’ were the sole officer capable of defying those laws with impunity…We cannot accept that the office of the Presidency places its former occupants above the law for all time thereafter.”

The D.C. Circuit Court of Appeals, rejecting former President Donald Trump’s bonkers claim that Presidents have absolute immunity from criminal prosecution for acts committed while in office.

The ruling is here.

Seldom has any court appeal in a high profile case had a more obvious and virtually assured resolution. The ethics alarms analysis of this issue was discussed in “Ethics Zugzwang In Trump’s Immunity Appeal,” and in this subsequent post. I hope it’s unnecessary to say that I agree with the D.C. Circuit’s ruling.

I wonder if Trump considered that if he won the appeal, President Biden could order that he and his MAGA supporters could be summarily shot as “clear and present dangers to democracy.” He could order the execution of the Republican contingent in the House, too, to forestall an impeachment.

What a great theory.

It was unethical for Trump and his lawyers to make the argument. If I had been his attorney—and before all the dust settles, Trump might eventually have to retain lawyers as inexperienced in litigation I am, and maybe even me—I would have withdrawn before I’d file such an irresponsible appeal.

“Civility Update” Addendum

The social media wag who posted this wrote, “And just like that, I’m a vegan!”

A true typo doesn’t count as incivility. This one just adds to the long indictments of our crumbling educational system and the cratering quality control in U.S. industries from aircraft manufacturing to health care services. It may well be that this label appeared because of a combination of both: someone in a position to prevent the label from being used thought the typo was funny, and let it go.

Civility Update

Quick version: It’s getting worse.

You knew that, I assume. Just to pick one example, we heard a Presidential candidate in a debate call an opponent “scum”—and it was a female candidate. Remember when one of the arguments for putting women in office just because they were women was that they would civilize politics. Ah, those halcyon days of innocence!

The new year began with another one of those TV commercials that defines cleverness as “using language that is code for a vulgar phase or word.” Almost exactly a year ago, I wrote about one of those, a tax refund service ad that used “What the buck?” and “Buck yeah!” This was even less clever than the still rampant “Let’s go Brandon!” coded insult to the President. (The coded use of “fuck” in that case is stillmore clever and slightly more civil than how Rep. Tlaib, one of the supposedly civilized female Congresswomen, referred to the previous President when she said for public consumption, “We’re gonna impeach the motherfucker!”)

In the past, Ethics Alarms has noted low-life advertisers using code words for “ass” (Verizon), alluding to sexual intercourse (Reese’s), evoking the word “shit” (K-Mart and DraftKings), as well as Jackson Hewitt’s inspiration for “buck,” Booking.com. For some reason, the un-named pizza company (I don’t want to give them any publicity for being, in Nikki’s terms, “scum”) commercial, promoting a really good pizza- and-other-stuff deal, showing a young woman exclaiming, “Shut the back door!” upon learning the shockingly low price bothered me even more than the past examples. “Shut the back door'” and also “Shut the front door” are street-talk euphemisms for “Shut the fuck up!” This is pandering to Generation Z, of course, but it’s also obscenely gratuitous.

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Ethics Quiz: The Killer Lawyer

Once again, Ethics Alarms visits the thorny issue of what kind of conduct permanently disqualifies someone from being a trusted lawyer—and in the law, if you can’t be trusted, you can’t be a lawyer. Last October, I wrote about “the rest of the story” concerning Shon Hopwood, who served more than a decade in federal prison for bank robbery, became a “jailhouse lawyer,” went to law school after his release, passed the D.C. bar exam, was admitted to practice, and became a professor at my old alma mater, Georgetown Law Center. In 2017, I had written that he should not have been trusted sufficiently to receive a law license, as such a serious felony committed as an adult is ominous signature significance for someone whom society may choose to trust as a citizen after serving his prison sentence, but not for one trusted to administer and advise regarding the law. The second post was prompted after Hopwood was arrested for multiple counts of domestic battery, and relieved of his teaching duties.

True, Hopwood didn’t steal a client’s money or commit a breach of the legal ethics rules (other than breaking the law, which is a breach of the ethics rules that doesn’t involve the unethical practice of law). I was sorely tempted to say “I told you so!” to the vast majority of my colleagues who disagree with my bias against bank-robbing lawyers, but I resisted the temptation.

As far as I can determine, Hopwood has not been tried or convicted, and maybe that explains why he is still listed among GULC’s faculty. His Wikipedia entry does not mention his latest arrest, but it does mention that he hired Tiffany Trump as a research assistant.

I’m sure this is all her father’s fault, somehow.

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The Drag Queen School Principal Principle

I was going to make this tale an ethics quiz, but decided that we’ve settled this issue before.

Dr. Shane Murnan had been the principal at John Glenn Elementary School in Oklahoma City since June. After he was hired, The Libs of TikTok revealed last September that he was an extracurricular drag queen, and placed photos of him as “Shantel Mandalay” on social media. Predictably, conservatives pounced and demanded that he be fired, while the school defended him. The uproar intensified, however, and Shantel was eventually placed on administrative leave.

Now he has resigned, finding that the scrutiny and criticism from social media and elsewhere is too much to bear.

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