‘Making An Example’ Ethics: The Condemnation Of Eddie Slovik

Eddie Slovik

Last year, when I noted this story in the December 23 warm-up, I was asked if there would be more on the topic. Here is more. It deserves it.

During World War II, U.S. Army Pvt. Eddie Slovik was tried for desertion. On this date in 1944 he was found guilty in his court martial and condemned to death by firing squad. It was the first such sentence against a U.S. Army soldier since the Civil War, and Slovik was the only soldier executed for desertion in World War II. In the intervening years between then and now, his death has become a point of ethical controversy, never resolved, and generally debated before the public from an emotional rather than an ethical, legal or even a military perspective.

I was first told the story of Eddie Slovik by my father, a decorated army veteran and officer during the war. A fervent admirer of General Eisenhower, he still disagreed with Ike’s much criticized decision to allow Slovik’s execution by firing squad to go forward. Dad was not supportive of the command principle of using a particularly blatant example of a crime to send a message to others considering similar conduct, and having had several Eddie Sloviks to contend with under his command, he did not like the resolution of the Slovik dilemma.

I argued the point with him many times over the years. “The question isn’t whether it was fair for Slovik to have been shot,” I told him. “It was. The question is whether many more deserters should have been shot as well.”

Private Eddie Slovik was a draftee, and not a good bet to be a good soldier. He had been classified 4-F because he had spend time in prison for a felony (grand theft auto), but was deemed draftable as the Allied war effort required quantity even more than quality as the conflict dragged on. He was trained to be a rifleman, though Slovik claimed that he hated guns.

In August of 1944, the Army shipped Slovik to France to fight with the 28th Infantry Division, which had suffered massive casualties. When he experienced being under heavy fire for the first time, Slovik concluded that he would not make it in combat. Though the current trend is to say that he and a friend “got lost,” it seems more likely that they were hiding before they turned themselves in to the Canadian military police. The Canadians returned the two to the Americans after about a month and a half.

Slovik asked the company commander if “getting lost” again would be considered desertion. Despite being warned that it would be, he went AWOL, then the next day turned himself in at a nearby field kitchen. He handed the cook this statement:

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It’s An IIPTDXTTNMIAFB Video!

I would have posted this Tik-Tok video earlier, but WordPress will only embed YouTube, and it took a while for that platform to keep down its gorge and include this offal. It has IIPTDXTTNMIAFB (“Imagine if President Trump did X that the news media is accepting from Biden.”) written all over it.

This desperate pro-vaccination PSA seems to have cornered the adjective “cringeworthy,” and teens are using that description as much as adults. The “Joe Byron” reference has to do with another viral video by the YouTube channel SideTalk, which features a bunch of weirdos from Coney Island referring to the President by that name.

Oh. How…clever. Apparently the target audience for a video featuring the Jonas Brothers acting like 10-year-olds are insulted that such an appeal would be regarded as persuasive, and recognize condescending pandering when they see it. The non-target audience is wondering what the President of the United States is doing lowering the stature his office by appearing with these clowns.

Now, just imagine the media reaction if Trump had been the guy with the camera instead of “Byron.” Look who this reality show phony gets to deal with a life and death catastrophe like a pandemic! Norms! Norms! Well, some norms really shouldn’t ever be destroyed…like the norm that Presidents don’t toss away their dignity on the likes of the Jonas Brothers.

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Source: Rolling Stone

Rationalizer Of The Year: Drunk Driver Perla Aguilar

(I was hoping to get Sidney Wang out one more time before New Years…)

Perla Aguilar, 27, was arrested for DUI in Oklahoma, and had an excuse she apparently thought would clear everything up. Slurring her words as she spoke, Perla explained to the arresting officers that she should be in the clear because she “does this all the time.”

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Late Morning Ethics Warm-Up, 12/22/2021 (But It’s Morning In Hawaii!)

An exhausting day yesterday that extended several hours into the evening thanks to having a legal ethics seminar to run, so I am late to the office as well as feeling less than smurfy. I’m sorry. One more example of how the lockdown as well as other questionable pandemic responses will have unanticipated and negative impacts going forward: my Zoom versions of what were designed as live, interactive, dynamic in-person seminars tend to devolve into lectures, as I can neither see, interact with or prod participants into Socratic dialogues. I have to talk and improvise the whole three hours, and the results are decidedly inferior to what I can achieve in person. Lawyers are going to have less-effective ethics alarms in the days to come…

1. Ethics Quote of the Day: Times critic Lindsay Zoladz, in her essay about the current rush to recast past events, art, culture and personalities according to current sensibilities:

The allure of presentism is causing people to romanticize contemporary perspectives at the expense of an excessively vilified past…The past was imperfect, yes, but so is the present. Inevitably, the future will be too. The lesson to be taken from all these reconsiderations is not necessarily how much wiser we are now, but how difficult it is to see the biases of the present moment. If anything, these looks back should be reminders to stay vigilant against presentism, conventional wisdom and the numbing orthodoxy of groupthink. 

Bingo.

2. Now who’s ready to do the same to anti-free speech, thought-controlling colleges and universities? Jeff T. Green, an advertising-technology billionaire, formally resigned his membership in The Church of Jesus Christ of Latter-day Saints and publicly rebuked the faith over social issues and LGBTQ rights.

“I believe the Mormon church has hindered global progress in women’s rights, civil rights and racial equality, and LGBTQ+ rights,” he wrote in a resignation letter to Mormon church President Russell Nelson. Eleven family members and a friend formally resigned along with him. Now Green’s  estimated $5 billion assets will be donated elsewhere, starting with a $600,000 donation to the LGBTQ-rights group Equality Utah.

Wealthy donors and philanthropists too often continue to fund other institutions that pursue values and objectives that the donors do not support, being satisfied as long as their names remain in marble somewhere on campus. This is not only a foolish use of charitable funds, it’s an unethical one. Continue reading →

Comment Of The Day: “An Ethics Alarms Challenge: How Would You Respond To This?” [Corrected]

Dear Friend

As I suspected it might, the Ethics Alarms post challenging readers to propose the best and most ethical way to respond to a lawyer’ self-flagellating declaration that he was a racist and only recently realized it sparked several Comment of the Day-worthy responses. The first is from mermaidmary99, whose comments are almost always spammed by WordPress, including this one. I have no clue why. Here is mermaidmary99’s Comment of the Day on the post, “An Ethics Alarms Challenge: How Would You Respond To This?.”

***

Dear Friend,

Wow, thank you for sharing such a heartfelt and personal journey.

In reading your words, I can see you are deeply moved. I’m thankful for your awareness of your experiences.

What I’m not understanding is how what you shared makes you a racist. In fact, that you see there have been injustices to me would show the opposite.

Can you clarify how you specifically are racist? Do you believe Mexicans are lazy? Do you hold that native Americans were savages? That black people are lesser because of skin color? Have you deliberately treated others badly and wished them harm because of their race?

I’m not seeing that in your writing, but if so, then yes, you have acted with prejudice in the past and that’s wrong and good to become aware of.

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From The Signature Significance Files: “The Divine Miss M” Demonstrates When An Apology Is Too Late And Meaningless

Another thing everyone should thank Joe Manchin for is the way his decision not to capitulate to pressure on the irresponsible “Build Back Better” bill has caused so many prominent Americans to unmask themselves as the jerks, liars and frauds thet are.

Take Paul Krugman...please! The ultra-biased and partisan Times pundit is supposedly a Nobel Prize-winning economist, yet his attack on Manchin’s “betrayal“—yes, a Democrat voting his conscience rather than meekly submitting to orders is a betrayal—is an embarrassing concoction of appeals to emotion, appeals to authority, and “everybody does it.” A high school paper columnist could have written the screed. “And studies show that policies to mitigate climate change will also yield major health benefits from cleaner air over the next decade,” Krugman writes. Yes, and other studies say they might, and still other studies doubt they can.

This economist also calls the multi-trillion dollar bill “Biden’s moderate spending plan,” though the CBO estimates that enacting this legislation would result in a net increase in the deficit of at least $367 billion over the 2022-2031 period, and that’s with increased taxes. He should be ashamed of himself for abusing his own perceived authority and his readers’ trust with such garbage, but we know my now that he’s shameless.

But my favorite self-indicting jerk is Bette Midler.

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An Ethics Alarms Challenge: How Would You Respond To This?

I am a racist

A distinguished lawyer of my acquaintance (though we have not spoken in decades) just posted what follows in a professional forum.

What is it? How did the lawyer come to believe that it should be posted? What would you say in response as a friend? A colleague? A critic?

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Morning Ethics Warm-Up, 12/21/2021: Fake News, Fake Religion, Fake Competence…And Maybe Fake Accusations, Not That It Seems To Matter

Tonight, starting at 6 pm, EST, I’ll be facilitating a three hours CLE seminar via (yecchh) Zoom for the D.C. Bar. You can use the credits for other bars’ mandatory ethics requirements, so if you need them, I’d love to have you in the group. It’s all interactive, of course. I’ve been doing a year end legal ethics wrap-up, usually a re-boot of a seminar I present earlier in the year, for, oh, almost 20 years now. It’s not too late to register. The information is here, along with a promotional video I made a few months ago. They say video takes away 15 pounds of hair…

On the Christmas movie front: one Christmas movie that needs no ethics critique is 1947’s “The Bishop’s Wife,” an inexplicably under-seen classic film starring Cary Grant (as a very un-Clarence-like angel), Loretta Young and David Niven. It is as good as any of the Christmas classics and better than most, with a religious undertone that is missing from most of the others. In its time, “The Bishop’s Wife” was nominated for several Oscars, including Best Picture. Grant’s performance is especially deft, as he walks an extremely thin line, both in the plot and in his interpretation of the character. I was wondering last night why it hasn’t been remade, but it was: there is a 1996 musicalized version directed by Penny Marshall with Denzel Washington replacing Grant, Courtney Vance taking over for Niven, and Whitney Houston as a singing version of Loretta Young’s character. Justifiable remakes of classic films have to have a “why,” and this one’s justification was apparently that every classic with white stars has to be remade with black ones, or something. The reason I had never heard of it is that the film was generally regarded as inferior to the original, but I am going to have to track it down now and see for myself.

1. Believe all women/accusers/”survivors”… And if a career and a life is ruined unjustly, well, you gotta break some eggs to make an omelette, right? Chris Noth of “Law and Order,” “Sex in the City” and “The Good Wife” fame is now out of a job, having been fired from his supporting role on the CBS/Universal series “The Equalizer.” The reason: a Hollywood Reporter story revealed allegations of sexual assault against Noth by two as yet un-named women, one who says Noth sexually assaulted her in 2004 in Los Angeles, and another who alleges he assaulted her in his New York apartment in 2015.

Jeez, you’d think he had been nominated for the Supreme Court or something. Noth has denied the accusations, but never mind: they are enough, before any investigation, any trial, even any identification of the accusers, to get him “cancelled.”

Seems unfair, somehow….

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Anti-Weenie Of The Year: Sen. Joe Manchin (D-WV.)

no weenies

In a year scarred by so many individuals, from celebrities to academics to mere social media users, resorting to pathetic groveling in response to bullying and threats of repercussions for rightful conduct or simply stating an opinion that does not conform to Woke World cant, Sen. Joe Manchin’s refusal to be a weenie stands out like the shining city on the hill. And after several frustrating days in which I have been searching my data banks to find ten public figures I could justifiably say I admired, Senator Manchin has made the list. (I’m still three short.)

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‘Twas The Monday Before Christmas Ethics Warm-Up, 12/20/21: “You Better Be Good For Goodness Sake!” [Corrected!]

Oops. I always thought “Santa Claus is Coming to Town” was another Gene Autry Christmas song, but it wasn’t, though Gene recorded it. It was written by J. Fred Coots and Haven Gillespie, and banjoist Harry Reser and his band performed it on Eddie Cantor’s radio show in November of 1934. That version sold  500,000 copies of sheet music and more than 30,000 records within 24 hours. It wasn’t one of Autry’s big hits, but Bing Crosby and The Andrews Sisters reached the Billboard charts with it in 1947. In 1970, Rankin-Bass did its animated “Santa Claus Is Comin’ to Town” TV special with a Fred Astaire puppetoon narrating. But it was Bruce Springsteen, of all people, who made the biggest success out of the song way back in 1975.

The creepy and unethical implication that Santa is spying on all children year long has been carried on by the disturbing “Elf on the Shelf,” which Ethics Alarms deplored here.

1. So…How long has this D.C. teacher been doing things like this? Has anyone asked for Terry McAuliffe’s reaction? At the Watkins Elementary School in the US capital, the Washington Post reported, a teacher has been suspended after making third-grade children reenact scenes from the Holocaust, including having them pretend to dig mass graves and shoot victims. She explained that this happened because “because the Jews ruined Christmas.” Some children were given specific roles. One Jewish child was told to portray  Adolf Hitler and then to pretend to commit suicide, according to the parent of the child. The instructor  told the children not to tell anyone about the activity, but someone squealed.

In an email, the school’s principal called this “a poor instructional decision.”

Ya think? Continue reading →