SCOTUS Finally Figures Out That It’s Unethical To Ignore the Constitution

/ Jack Marshall / 24 Comments

Well, the majority of the Supreme Court, anyway.

Yesterday the U.S. Supreme Court hosted arguments in Trump v. Slaughter, which challenges the constitutionality of the “independent agencies” Congress has voted into existence over many decades. Their leaderss are not under the control of the President of the United States, though they are considered part of the Executive Branch. Go figure.

President Trump fired FTC Commissioner Rebecca Slaughter, not for cause, as authorized by the FTC statute, but because her service was “inconsistent with this Administration’s priorities.” Slaughter refused to leave office, setting up a constitutional showdown.

The New York Times concluded from the argument, “Justices Seem Ready to Give Trump More Power to Fire Independent Government Officials.” The momentum shifted when Justice Gorsuch (above, left) said, “I’ll put my cards on the table. Maybe… there is no such thing in our constitutional order as a fourth branch of government.”

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Observations Upon Getting Fired By My First Bar Association CLE Client…

/ Jack Marshall / 7 Comments

I got fired again yesterday. Sometime I need to go back through my memory banks and figure out how many times this has happened, but it’s a lot. My proclivity for getting canned was a main motivation for me starting my own business thirty years ago, because I was reasonable certain that I wouldn’t fire myself, and that I could probably talk my late wife, the company’s COO, from doing it.

Technically one could say that my company, ProEthics, was fired, but since I’m the only employee now, that would be nit-picking. This bar association had contracted with me as its primary legal ethics teacher for the entire 30 years, with my handling between three and five three-hour seminars every year, plus the ethics segment in the monthly bar’s orientation session for new bar admittees. Its support was a substantial reason Grace and I were willing to take the plunge as a small business in the first place.

By the time the axe fell, on a Zoom call, naturally, I pretty much knew what was coming. The CLE director, whom I had worked with amicably for ten years, had suddenly stopped responding to my emails until he sent me the dreaded “we need to talk” message last week. There had been no incident, screw-up, failure or apparent precipitating catalyst for the end that I could detect: my participant evaluations have remained in the 4-5 range in all categories on a 1-5 scale for all three decades years. My last seminar, an adaptation of my one-man show about Clarence Darrow with ethics commentary on the issues raised by his career, was especially popular, in great part because of the talented D.C. actor who played Clarence, Steve Lebens. One lawyer rushed up and after the program, grabbed my hand, and said the seminar had changed his whole perspective on practicing law as he choked back tears.

To be honest, the blow yesterday was more sentimental than anything. Dr, Fauci’s stupid Wuhan virus lockdown killed the live seminar part of my business, and it never recovered. I was paid by the head by this bar association as a matter of loyalty and courtesy, and the heads had almost completely disappeared. I used to have 100-150 lawyers in a classroom; for the last few years it’s been less than ten, with maybe 20 more online or zooming, sometimes a few more. Lawyers don’t like mandatory CLE, and the lockdown gave them an excuse to use remote technology and videos, meaning that they could be doing billable work or playing with their dogs, with no one the wiser.

Those methods don’t work pedagogically nearly as well as face-to-face training, and everybody knows it; they also do not let me do what I do better than most legal ethics teachers, which is engage and entertain while teaching. Most of my income is from expert consulting now, which I am good at but nowhere near as much fun. This association’s seminars were a loss leader for me by the end.

Still, the “we’ve decided to go in another direction” message was a bit mysterious. I was told by the CLE director that the orders came from “upstairs.” The numbers still said I was their best and most popular ethics teacher: why the new “direction”? I’ve won the bar two national awards for innovative CLE, and do the only musical ethics programs in the field with my long-time collaborator Mike Messer. What’s not to like?

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If A.I. Wrote a WAPO Op-Ed Piece to Set Us Up For a Take-Over By the Bots, This Is What It Would Be Like…

/ Jack Marshall / 5 Comments

Oh , yeah, this is good advice.

The Washington Post (gift link, but don’t get excited, it’s a crummy gift) permitted a father-son team of faithful dupes to reassure us all that artificial intelligence is no different from any other machine, and can never compete with the human mind. Authors Andrew Klavan (a novelist) and Spencer Klavan, a classicist, are here to explain to us that artificial intelligence is like a wax writing tablet was to Plato (Spencer’s idea, I bet) or computers were to past generations, technological advances humans foolishly thought could match the human mind. “But by using machines as metaphors for our minds, we fall prey to the illusion that our minds are nothing more than machines. So it’s not surprising that now, when the possibilities of AI are enthralling Silicon Valley, those who think programs can become conscious are trying to tell us that consciousness is just a program,” they write.

Point? We have nothing to worry about! These things can’t really think or feel like we do! A.I. lacks “what ancient philosophers called “the inner logos” — the unique interior apparatus we have for structuring and understanding our experience of the world.”

Neither Klavan has anything in his biography to indicate they have more than the average landscaper’s understanding of technology, so what’s their authority for this verdict? Jesus, and Louis Armstrong. I kid you not. “The great Louis Armstrong, performing the George David Weiss and Bob Thiele song, “What a Wonderful World,” put it this way,” they write. “I see friends shaking hands, saying ‘How do you do?’ / They’re really saying: ‘I love you.’” Jesus put it similarly in Matthew 15: “The things that come out of a person’s mouth come from the heart.”

The two non-scientists have come to the dangerous and ignorant conclusion that A.I. bots are just “large language models” (LLMs) that are not capable of thought because, well, that’s what Louis sings. They tell us at the end,

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Brief Note: The Hall of Fame Passes Its Integrity Test

/ Jack Marshall / 7 Comments

Barry Bonds, baseball’s all-time steroid cheat and a blot on the record book, was once again decisively rejected for Hall of Fame membership, this time by a special Hall of Fame committee, the Contemporary Baseball Era Committee, assembled for the purpose of reconsidering eminent but previously rejected candidates who are otherwise noteworthy for one reason or another. There were 16 members on the panel with a 75% (12 of 16) vote threshold needed for induction at Cooperstown. Bonds didn’t come close with only five, and neither did the other two tainted greats, Roger Clemens, whose own trainer testified under oath that he used banned PEDs (performance-enhancing drugs), and Gary Sheffield, who takes the bizarre stance that he did use PEDs once but didn’t understand what he was doing and besides, they didn’t help him anyway.

When I finally saw the composition of the committee I was pretty confident that Barry and Roger (above) as well as Gary were toast, because seven current Hall members were among the 16 participants and I doubted that any of them want to sully their own honor by admitting cheats. There were also non-cheating almost Hall-worthy players on the ballot, and only Jeff Kent, probably the least famous of the batch, received sufficient votes to be enshrined. Kent hit more homers than any other second baseman baseball history and the main obstacle to his election appears to have been an obnoxious personality; I have no problem with his election. Now the Three Cheats won’t have a shot at polluting Cooperstown at least until 2031, and under current rules, if they don’t get at least 5 votes then, they will be permanently ineligible.

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On Pearl Harbor and American Moral Luck

/ Jack Marshall / 15 Comments

Guest post by Steve-O-in NJ

[This excellent commentary by Steve-O was waiting in moderation when I woke up this morning, and I immediately decided to move it directly into a guest post–JM]

The Japanese knew themselves, or at least those with any sense knew, that after the attack they had about 6 months to win an overwhelming victory and force the United States to the peace table before the American production machine ramped up to full capacity and overwhelmed them. Their fatal mistake at Pearl Harbor was not to order the planned third strike which would have targeted repair facilities, fuel facilities, and so forth. As already pointed out by many it was only by great good luck that the carrier fleet was not present.

The damage to the battle fleet was extensive, but not total destruction. USS Pennsylvania was in dry dock and was hit by only a single bomb that caused moderate damage. Tennessee and Maryland occupied inside berths and so could not be hit by torpedoes; they received only moderate damage from two bomb hits each. Both were back in service before the end of 1942. USS Nevada took one torpedo hit, but was also back in service before long, although she rather quickly found herself moved to the Atlantic where she covered the Normandy landings. California and West Virginia were the real miracle repairs, both having sunk onto the mud and West Virginia having been hit by seven torpedoes. Oklahoma, which capsized, and Arizona, where a magazine exploded, were the only US battleship losses in World War II. Arizona accounts for almost half the American casualties at Pearl Harbor, including Rear Admiral Isaac Kidd, the highest ranking officer killed.

The following days were the darkest for the Allies, as the Japanese also sank two British battleships, forced the surrender of Hong Kong, and took Singapore and the Philippines. The Americans were fighting back with outdated equipment, a consequence of FDR’s understandable focus on domestic issues since his election in 1932. You don’t hear much about that, and only sometimes do you hear about how near a disaster Midway was, with almost the complete failure of torpedo bomber attacks.

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Ethics Dunce, Unethical Quote of the Month, Incompetent Elected Official of the Month—Wow, What An Idiot!—Sen. Tammy Duckworth

/ Jack Marshall / 5 Comments

If you can watch Democratic Senator Tammy Duckworth in that CNN segment without your head exploding at the 3:43 mark, you are a better man than I am, Gunga Din.

After stating that the the so called “double-tap” bombing of alleged Venezuelan drug-smugglers was a war crime and murder, Duckworth is asked by Dana Bash, inadvertently practicing journalism, whether the Senator in fact knows what the hell she is ranting about, and gets the equivalent of “no,” “I just know what I’ve read online” and “I only know what I read in the newspapers.”

What Duckworth answered can be fairly translated as “I don’t really know anything the average channel-surfing short-order cook knows about this, and maybe less only I just tuned in to MSNBC, but I’m a Democrat, we have to criticize anything the Trump administration does, and I’ve got some talking points that my staffer was emailed from the DNC—maybe the same ones you were sent, Dana—and I’m just going from those.”

Duckworth was on CNN to discuss the incident as a purported expert: she’s built her entire political career by relying on her Army National Guard veteran status and losing her legs when her helicopter was hit by a missile during the first Iraq War. It’s an insult to viewers for her to go on the air and accuse the Department of War of “murder” without doing more than checking “what’s available in the media,” whatever that means in her case. I bet she got a summary of “what’s available in the media” and what she “knows” is double hearsay.

If I am asked on a radio show to give my opinion as an ethicist about, say, a law firm firing a member for a social media post denigrating Charlie Kirk and President Trump, I’d better have read the various analyses by my colleagues in the field, looked at the relevant ethics rules and legal ethics opinions, kno what the fired attorney wrote, and be ready to provide some trustworthy analysis other than “I only know what I read on ‘Above the Law.'”

This is the very epitome of political hackery. The Senator goes on CNN with no preparation at all, and spews a predetermined and predictable position because Trump Bad, while not even pretending to have any special insight into what occurred.

Pearl Harbor Day, 2025

/ Jack Marshall / 11 Comments

Remember.

I have nothing unique to add about the attack by the Japanese on Pearl Harbor on this date in 1941, except to note that the lack of mention of it in the news media today is disheartening and, I believe, inexcusable. I’m estopped from complaining too much however: to my amazement and shame, Ethics Alarms has never devoted an entire post to the event since I began writing it 16 years ago. I’ll begin my amends now.

Here is the History Channel’s article on the attack, one of the rare, epochal  events of which it can be said without dispute changed everything….

On December 7, 1941, at 7:55 a.m. Hawaii time, a Japanese dive bomber bearing the red symbol of the Rising Sun of Japan on its wings appears out of the clouds above the island of Oahu. A swarm of 360 Japanese warplanes followed, descending on the U.S. naval base at Pearl Harbor in a ferocious assault. The surprise attack struck a critical blow against the U.S. Pacific fleet and drew the United States irrevocably into World War II.

With diplomatic negotiations with Japan breaking down, President Franklin D. Roosevelt and his advisers knew that an imminent Japanese attack was probable, but nothing had been done to increase security at the important naval base at Pearl Harbor. It was Sunday morning, and many military personnel had been given passes to attend religious services off base. At 7:02 a.m., two radar operators spotted large groups of aircraft in flight toward the island from the north, but, with a flight of B-17s expected from the United States at the time, they were told to sound no alarm. Thus, the Japanese air assault came as a devastating surprise to the naval base.

Much of the Pacific fleet was rendered useless: Five of eight battleships, three destroyers, and seven other ships were sunk or severely damaged, and more than 200 aircraft were destroyed. A total of 2,400 Americans were killed and 1,200 were wounded, many while valiantly attempting to repulse the attack. Japan’s losses were some 30 planes, five midget submarines, and fewer than 100 men. Fortunately for the United States, all three Pacific fleet carriers were out at sea on training maneuvers. These giant aircraft carriers would have their revenge against Japan six months later at the Battle of Midway, reversing the tide against the previously invincible Japanese navy in a spectacular victory.

The day after Pearl Harbor was bombed, President Roosevelt appeared before a joint session of Congress and declared, “Yesterday, December 7, 1941—a date which will live in infamy—the United States of America was suddenly and deliberately attacked by naval and air forces of the Empire of Japan.” After a brief and forceful speech, he asked Congress to approve a resolution recognizing the state of war between the United States and Japan. The Senate voted for war against Japan by 82 to 0, and the House of Representatives approved the resolution by a vote of 388 to 1. The sole dissenter was Representative Jeannette Rankin of Montana, a devout pacifist who had also cast a dissenting vote against the U.S. entrance into World War I. Three days later, Germany and Italy declared war against the United States, and the U.S. government responded in kind.

Oh Look! NOW the New York Times Says That President Biden Mishandled Illegal Immigration!

/ Jack Marshall / 2 Comments

As with the Axis news media’s refusal to investigate or admit that Joe Biden was Demented POTUS Walking (sort of) while he was winning the Worst President Ever competition, as with the Hunter Biden laptop cover-up, as with so much that it was complicit in distorting or hiding from the American public during the past 5 (6…7…8….9…) years in alliance with America’s proto-totalitarians, the New York Times was either deliberately or negligently asleep a at the metaphorical switch as Biden’s Administration opened the floodgates at our southern border. (Yikes! What a long sentence!)

My eyeballs almost fell out onto the keyboard as I read the headline, “4 Takeaways From The Times’s Reporting on Biden’s Immigration Record: A New York Times review of President Joseph R. Biden Jr.’s actions on immigration showed that they created an opening for a more aggressive Trump administration agenda.” NOW the Times is looking at the issue? What about when such analysis might have stopped the disastrous wave of illegals, many of them criminals or criminally oriented? Moreover, even as it purports to do its job too late to do any good, the Times language still betrays its bias and dishonesty.

This was an illegal immigration crisis created by the Democrats, not “actions on immigration.” And, as usual, the emphasis is on the Republican response to the Times’s favorite party’s misconduct, blurring the real issue. The problem with Biden’s indefensible failure to enforce our immigration laws and keep the border secure is that it allowed millions of unvetted, dangerous, illegal foreigners into the U.S. to the detriment of Americans, making it expensive, burdensome and divisive to kick them out, and not that the dereliction of duty “created an opening” for Trump.

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In Dedham, Mass., Bias Makes You Stupid and Politics Ruins Everything, Including Christmas and Harry Belafonte’s Classic

/ Jack Marshall / 8 Comments

The same Facebook friend who has previously endorsed idiotic comparisons between Mary and Joseph’s journey to Bethlehem and illegal immigration approvingly posted the photo above from St. Susanna Parish in Dedham, Mass. Its Nativity scene includes a sign reading “ICE was here” in place of Mary, Joseph, and the infant Jesus. Behold…

Terrific: bad history and bad analogies for ignorant progressive dupes! Merry Christmas!

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Unethical AI Use of the Month

/ Jack Marshall / Leave a comment

In Great Britain, an A.I. generated image that appeared to show major damage to Carlisle Bridge in Lancaster prompted authorities to halt trains following a minor earthquake. The tremor was felt across Lancashire and the southern Lake District. After the image appeared on-line, Network Rail ended rail service across the bridge until safety inspections had been completed. The delay inconvenienced commuters and wasted public funds. Here is the bridge and the bot-built fake version:

As far as we know a human being was behind the hoax, not a mischievous bot. But A.I. is almost certainly going to challenge Robert Heinlein’s famous declaration that “There are no dangerous weapons; there are only dangerous men,” in addition to the fact that there are also a lot of dangerous women out there too.

ChatGPT has been accused of encouraging people to commit suicide, for example, and Professor Jonathan Turley wrote that ChatGPT defamed him for reasons yet to be determined.

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