Saturday Ethics Regrets, 10/30/2021: The “I Forgot My Little Sister’s Birthday” Edition

dropped cake

Well, I feel like scum and I am scum. Today is my younger sister’s birthday, and I whiffed, even though we had talked earlier this week about me taking her out to dinner. I never forget her birthday—everyone else’s, but never hers, because it’s the day before Halloween. Not only did I disappoint her, but she’s in a house with no TV or internet after a big storm here. Now she doesn’t want to do anything. It was just a terrible, disrupting week on too many fronts to count, and I lost track of times, dates, and space. I’m working all weekend, and worked late into the night the last two days, but that’s no excuse. I can’t believe I did it. Both my son and wife refuse to celebrate their birthdays for philosophical reasons, and I haven’t wanted to think about mine since my father dropped dead on the date in 2009. But my sister really needed some attention this year, and I failed her.

1. What describes this situation? “Live by the sword, die by the sword”? “People in glass houses shouldn’t throw stones”? “Assholes gotta asshole”? Ashlee Marie Preston, the transgender activist who was among the leaders of the protests against Dave Chappelle for his routines on “The Closer” about trans people, and who helped trigger the protest at Netflix, was subjected to a deep Twitter dive, and guess what? She has tweeted nasty things about Asians and Hispanics. Like, for example, “Asian hoes act like they wont get karate chopped in they muthafuckin throat. What is this hoe staring at? Mind ya beeswax #Bitch”. Now, I could not possibly care less about the opinions of any activist about anything who expresses themselves like that, but apparently some people are calling Preston a hypocrite. No, she appears to be pretty typical: an trans African American who is offended when anyone jokes about her own “tribes” but who feels perfectly justified in denigrating groups she doesn’t belong to. It’s exactly like Democrats, progressives and their media allies in the Axis of Unethical Conduct having the gall to complain about the “Let’s go Brandon!” gag after denigrating President Trump without restraint for four years.

2. The contrived offense that refuses to die. Ugh, THIS again. The Atlanta Braves are in the World Series, so now the nation has to watch Atlanta fans go through their idiotic ritual of miming a tomahawk chop while they sing a fake, generic Indian war chant. Now, it’s no more idiotic than “the Wave,” or chanting “Yankees suck!,” but political correctness activists have been calling such silliness “racist” for as long as they have been trying to eliminate Native American-inspired team names, mascots, and logos. See, there are two objectives: move up the power hierarchy by making others do what they want even in an area they don’t care about, and make sure American culture has no references to Native Americans at all. I’m not sure why Native Americans would want that, but these activists seem to think so.

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Three Ethics Metaphors: The Rise, The Presidency And The Fall Of Donald J. Trump, Part II

Part I of this series appeared in May of this year. I bet you thought I had forgotten about it, didn’t you?

The second metaphor explained the election of Trump as President in 2016, as well as his march to the nomination fueled by a populist base that crossed party lines and that took political “experts” completely by surprise. It occurred to me when a friend, a Democrat and progressive (like most of my friends—and relatives) opined bitterly that electing someone like Trump was “stupid.” At a basic level I agreed with that: I had been writing exactly this for more than a year. But his words triggered an epiphany, and, as is often the case with my rare moments of clarity, a movie scene came to mind.

Electing Trump certainly seemed stupid. Yet it served a purpose, indeed several purposes, just like the “stupid and futile gesture” that is the climax and operatic finale of “Animal House,” when the abused members of Delta House turn Faber College’s homecoming parade into a violent riot.

What was the election of Trump supposed to accomplish? Other movies come to mind, like “Network.” A segment of the population decided that the system was rigged against them, that Democrats and Republicans were both involved in a massive, decades long con in which their primary goal was not to do what was in the public interest, but what was most likely to keep them in power and eventually line their pockets, and that their voices were not just being ignored, but that they were being insulted while being ignored. The so-called “deplorables” were mad as hell, and they weren’t going to take it any more. Voting for Trump was an “Up yours!” to the elites, the sanctimonious media, the corrupt Clintons, the hollow Obamas, and obviously corrupt Democrats like Pelosi and Harry Reid, machine Republicans like Mitch McConnell, and pompous think-tank conservative like Bill Kristol.

As I wrote on the same theme right after the election,

“Americans got tired of being pushed around, lectured, and being told that traditional cultural values made them racists and xenophobes. They decided to say “Screw that!” by electing a protest candidate whose sole function was to be a human thumb in the eye, because he was so disgusting to the people who had pretended to be their betters. Don’t you understand? It’s idiotic, but the message isn’t. It’s “Animal House”! and “Animal House” is as American as Doolittle’s Raid….In Germany, The Big Cheese says jump and the Germans say “How high?” In the US, the response is “Fuck you!” Obama never understood that…. I love that about America. And much as I hate the idea of an idiot being President, I do love the message and who it was sent to. America still has spunk.

“I love spunk.”

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Transgender Activism Ethics Train Wreck Incident Report: Michelle Goldberg’s Unethical Op-Ed

Goldberg op-ed

One of the unexpected benefits of the weekly Ethics Alarms Open Forum is that participants sometimes focus my attention on something important that I otherwise would have missed.

In yesterday’s forum, johnberger2013 raided the matter of Michelle Goldberg’s op-ed that appeared on the New York Times site,called, in a starburst of irony, ““The Right’s Big Lie About a Sexual Assault in Virginia.”

It is ironic because there is no “big lie,” but Goldberg’s op-ed is entirely spin, distortion and misdirection in the pursuit of a deceitful narrative designed to confuse the intellectually flabby and soothe those already biased like Goldberg. Her op-ed turned up in my print Times this morning: I never would have read it without the forum thread alerting me. Goldberg is as unethical and dishonest as the more famous Times op-ed demagogues like Krugman and Blow, but not as intelligent as either. For me, reading her woke blatherings is as enticing as reading “Nancy” in the comic section when I was over the age of 10.

The only way someone as unqualified as Goldberg could acquire her current platform is that she reliably expresses the Times party line. Now, if I were an editor, it would bother me that her thinking is so shaky and her persuasiveness is so weak that her only use is preaching to the choir, and only the dumber members at that. But this isn’t my problem, though it does reveal how far the New York Times has fallen.

Her topic is the rape of one student by another at a high school in Loudoun County, Virginia, which gained national prominence because the fury of the victim’s father at the school’s response (a cover-up, among other things) resulted in his arrest. This was, coincidentally <cough>just a few days before the school board association asked the Biden administration to protect them from “domestic terrorists,” aka outraged parents who object to school policies and curriculum choices that they see as inappropriate. Attorney General Merrick Garland dutifully responded with a memo that could be used in a law school course as an example of how the government can chill free speech.

Goldberg’s thesis is laid out on a cut line in my print version: “An attack in a school bathroom had nothing to do with trans issues.” That is, beyond question, on the facts, a lie, yet the Times printed it. The only question is whether Hanlon’s Razor applies: is Goldberg intentionally lying, or is she stupid enough to believe it? Tough call.

Facts:

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Comment Of The Day, On Ann Althouse’s Post About AG Merrick Garland’s Disgraceful House Hearing Performance In Discussing His Memo Threatening Dissenting Parents

I’ve never done this before and may never do it again; nor am I lacking candidates for Comment of the Day among the recent posts here. However, this comment by Althouse reader “This Person” was so gloriously to the point that I couldn’t resist.

Ann is accepting comments again after a brief interruption following her ill-considered tantrum over people paying more attention to commenters than her, or something. The Comment of the Day is, as regular readers here will immediately see, about the Ethics Alarms Rationalization #64, “Yoo’s Rationalization,” or “It isn’t what it is.” This has become the operating principle of the Democratic Party as it has forsworn accountability among its leaders and embraced the Big Lie tactic as enthusiastically and destructively as…anybody in history.

What clinched the COTD prize for This Person was his perceptive focus on Barack Obama as the most forceful instigator of this now routine party reflex. (Do note that #64 is named after the Republican lawyer who argued that waterboarding wasn’t technically torture. Both parties have used Yoo’s Rationalization, but only Democrats (so far) have become addicted to it.)

Here is This Person’s Comment of the Day on this Althouse post.

***

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Scary Ethics Tales, 10/29/21: The Horror!

Marlon’s been getting a workout here lately, and that’s even with me trying hard to avoid him by periodically using Geena Davis’s iconic movement from “The Fly” as a stand-in. In more positive Halloween news, this morning’s musical Halloween ethics seminar for New Jersey Lawyers went beautifully. Mike Messer decided to replace his Boris Karloff riff for “The Monster Mash” with a New Jersey mobster impression for the parody I shared yesterday on the famous New York ethics case from the Seventies, “The Dead Bodies Case” (Also known as “The Buried Bodies Case.”). It was so funny that we’re going to try to get a YouTube video of it for law schools to use when they cover the case, as most do.

If you are not familiar with that case, which has been referenced on “Law and Order,” “The Practice” and other legal TV shows of yore, go here.

1. Now THAT’s an unethical wife! In Connecticut, Donna Marino, 63, is charged with forging her husband’s signature on legal documents, pension checks, monetary settlements, and social security checks after she convinced him that he had Alzheimer’s Disease. He didn’t, although he obviously is none too bright. Investigators concluded that she forged her husband’s signature on his checks and legal documents, then deposited the funds—$600,000 worth—in a secret bank account. This went on for 20 years before John figured out that something was amiss. Donna kept him believing that he had the dreaded dementia illness by telling him that he didn’t remember wandering aimlessly around the neighborhood and not knowing her earlier in the day.

Sounds a little like the plot of “Hush, Hush, Sweet Charlotte,” one of my favorite Halloween movies.

2. Speaking of horror—Terry McAuliffe’s campaign. One piece of signature significance for a politician is how he or she reacts when facing defeat. McAuliffe, the Clinton fundraiser and acolyte who may be even more ethically challenged than they are (if that’s possible), is losing the battle with Republican Glenn Younkin (who is no prize himself) thanks to the Democrat stating outright that parents should stay out of the policy decisions regarding what their children are taught in public schools. As the old knight memorably said,

Now McAuliffe’s poll numbers are imitating John Malkovich at the end of “In the Line of Fire,” so he’s trying more and more blatantly dishonest tactics:

  • As I wrote earlier, he has hired one of the Clinton lawyers who facilitated the Russian collusion hoax, and when this was discovered, McAuliffe’s staff sent out emails in all directions asking presumably friendly media outlets to “kill this.” And I mean all directions: Jonathan Turley reports getting one. (I’m insulted.)
  • They even sent one to Fox News, which is remarkable given that the eeevil news network recently discovered and revealed that McAuliffe has spent nearly $100,000 advertising “fake news” websites on Facebook. The  advertisements have been viewed about to 3.5 million times, and are hidden on a Facebook page with a similar name to a local news website. The ads link to third-party websites that that promote Democratic candidates with partisan spin and propaganda. Fox is the only organization revealing this.
  • I was just informed by a reader that she recieved a false flag promotion now being sent to Virginia voters. “Today we received a ‘pro Youngkin’ flyer that appears to come from the GOP because it features Trump,” the reader writes, ” ….but just above the address box is a dark black line – look very closely at the faded lettering (I had to use a magnifying glass) and you’ll see it is funded by the Democrat party with the approval of McAullife.” Nice one! I may have received one of these, but all campaign literature goes directly from my home’s floor to the trash. A genuine Youngkin mailer warns of McAuliffe attempting to place Virginia under “dictatorship.”

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To Be Fair, The Fact That Virginia’s Democratic Candidate For Governor Is A Sleaze Isn’t News…[UPDATED!]

McAulifffe

In the last couple of hours, Fox News has been showing a copy of a misdirected email sent to Fox from the McAuliffe campaign asking recipients, news outlets all, to “kill” a story about revelations that the campaign has hired Mark Elias in the waning days of the race. Elias was previously a partner at the law firm Perkins Coie until his deep involvement in the Russian collusion hoax became an embarrassment to the firm, which worked for Hillary Clinton’s 2016 campaign. Elias was involved in bringing on Fusion GPS to conduct opposition research on Donald Trump that included Christopher Steele’s dossier according to a recent Justice Department report.

It’s no surprise that Clinton’s lawyers would also gravitate to McAuliffe, since he was a Clinton henchman for years. Sending a “please kill this story” email to Fox News, the one large TV news source that wouldn’t kill a story that might embarrass McAuliffe, shows desperation and carelessness by the Democrat’s team. McAuliffe’s poll numbers are in freefall, with GOP hopeful Glenn Youngkin soaring in the past week, not because of any special virtues on his part, but because of one self-inflicted wound after another by his adversary.

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Midnight Ethics Nightmares, 10/28/2021: 19th Century Judges Were All Terrible, The NAACP Is A Thug, And More

Horror1

For those in a Halloween Legal Ethics mood, I will be presenting a special Halloween edition of Ethics Rock tomorrow at 9:00 am, for the New State Bar Association. The great Mike Messer will be singing my legal ethics parodies of pop songs with a Halloween flair. Here’s the parody of “The Monster Mash” (by Bobby Pickett) telling a version of the story all law students cover in their ethics classes, the famous “Dead Bodies Case,” from New York…”The Mobster’s Trash”:

Representing T. Soprano, late one night

He confessed to killing a famed playwright

A missing person and a fortune’s heir

“Want to see his body? I’ll show you where!”

[Chorus]

I saw his trash!

It was the mobster’s trash!

The mobster trash!

It was a body stash!

It was his trash!

The body’s throat had been slashed

And all for cash!

It was the mobster’s trash!

Tony found himself suspected of the murder but

There wasn’t any evidence that seemed clear-cut

The playwright’s daughter came to me and begged

Could I tell her I saw her Dad’s head crushed like an egg?

[Chorus]

In Tony’s trash?

It was the mobster’s trash!

I saw his trash!

Where her Dad’s corpse was stashed!

In Tony’s trash!

And his head had been bashed

And all for cash!

It was the mobster’s trash.

[Bridge]

***

Then Tony went to trial

I kept his secret all the while!

But under cross examination

Tony confessed and with a smile.

***

He said he killed the playwright and that he was glad

The guy owed lots of money, which made Tony mad

And worst of all, that playwright’s plays

Were derivative, self-indulgent and ran on for days!

[Chorus]

So he got trashed!

Thrown in the mobster’s trash!

I saw his trash!

Where bodies all got stashed

In Tony’s trash!

The playwright’s skull had been smashed

And all for cash!

It was the mobster’s trash.

After Tony spilled the beans I admitted to all

I had seen the dead playwright, but made the call

That I couldn’t let on that I had viewed the nightmare

And not just because I could end up there…

In the trash!

In the mobster’s trash!

With a gash

A fatal bloody gash

In Tony’s trash!

Cause my  throat would be slashed

I’m not that rash

To risk the mobster’s trash

Well they charged me with not handling a body right

And my law practice dwindled, almost out of sight

As for all you reporters, I’ll answer your quiz

But  don’t you dare ask where Jimmy Hoffa is!

Cause Jimmy’s ash!

In some mobster’s trash!

First he got smashed

Up like corn-beef hash

And he was trashed

Incinerated to ash

Yes he was trashed

They made him mobster trash.

1. This slippery slope leads right to the cancel bin for every jurist and politician of the 18th, 19th, and much of the 20th Century. Rutgers University Board of Governors approved a resolution October 6 to strip the name of Joseph P. Bradley from “Bradley Hall,” which houses two academic departments, a learning center, theater and campus post office.

Bradley, who graduated from Rutgers College in 1836, was appointed to the U.S. Supreme Court in 1870. In 1971, the Board of Governors approved naming the building after Bradley, but that was before the culture decided that any prominent figure who hadn’t anticipated 21st century race cant and women’s rights orthodoxy had to be a vile and evil person, unworthy of honor. Bradley’s discredited views were especially noxious to students who had the benefit of more than a century and half of history and debate as he expressed them in two opinions. In 1883, he declared the first two sections of the Civil Rights Act of 1875 “unconstitutional.”

The law would have outlawed discrimination against African Americans in restaurants, public transportation or other private establishments. Bradley argued, however, that such protections do not apply to private businesses, only the actions of state governments, arguing that to “deprive white people the right to choose their own company would be to introduce another kind of slavery.” In 1872, Bradley backed the Court’s decision in Bradwell v. Illinois, finding that the Illinois State Bar could deny a qualified woman a law license because she was a woman. Bradley argued that the right to practice law was not constitutionally protected under the Fourteenth Amendment. He also pointed to “the laws of nature,” arguing that women have a responsibility to care for their families, as the “timidity and delicacy which belongs to the female sex evidently unfits it for many of the occupations of civil life.…The harmony, not to say identity, of interest and views which belong, or should belong, to the family institution is repugnant to the idea of a woman adopting a distinct and independent career from that of her husband,” Bradley wrote.

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Oh, Fine: Now I Have To Revise My Harvard Reunion Boycott Letter…

MacBeth in Stride

…by adding yet another reason for my absence. Harvard is practicing straight-up segregation. It really is. But it’s OK, see, because only non-black people are being discriminated against. This is the quality of reasoning at Harvard in the 21st Century.

“Macbeth in Stride” is currently being performed by the American Repertory Theater at Harvard University’s Loeb Drama Center, near Harvard Square. This adaptation of the Shakespeare tragedy includes modern music and a version of Lady Macbeth as an “ambitious black woman” to elevate “black female power, femininity, and desire.” <YAWN!> When I see Orson Welles in Hell, remind me to thank him for inflicting on the culture an endless parade of Shakespeare updates with lazy and facile political metaphors, all executed by adapters and directors less talented than he was.

But I digress. For the reason I will have to add to my report of protest is this: Harvard’s major theater on campus has decided that we white folk aren’t welcome to one performance. From the show’s webpage,

“We have designated this performance to be an exclusive space for Black-identifying audience members. For our non-Black allies, we appreciate your support in making this a completely Black-identifying evening. We invite you to join us at another performance during the run.“

The production is under the auspices of Harvard’s theater department, and the race-segregated performance is on campus, in a university building and held under the college’s banner. This astounding example of direct racial bias must have been approved by Harvard itself.

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It Is Time To Get Serious And Boycott Companies Like Mars Foods

large_Mars_Brands_Collage_July_2014.jpeg

The Halloween ad for Twix, manufactured by Mars Foods establishes a new assault on American democracy, using venal and unscrupulous private corporations to do the government’s bidding. Rod Dreher, who is often too far Right for me but spot on in this case, writes of the jaw-dropping ad (yes, I find it offensive, and also scary in a non-Halloween way),

This is an aspect of the weird totalitarianism we are living through today. We have seen harder manifestations in cases where physicians, academics, and others lose their jobs for questioning transgender ideology. Things like the Twix ad cannot be understood as apart from the overall message discipline of the Left: that there is only one permissible opinion to hold, and those who do not hold it are enemies to be crushed.

This is not a one-off, and it is not neutral. The inability of normal people to understand what is happening here is one reason why this garbage is so effective at changing the way people think.

Bingo. The ad is a tool of totalitarianism.  “Weird” is too mild a word for it, indeed a poor word, because it diminishes the significance of what this represents. It represents the indoctrination of children. The ad is an implied threat. It declares that anyone who does not agree with the State is evil, and will be punished, even killed. It is sickness presenting itself as virtue.

I guess it’s time to show the ad. As Samuel Jackson says in “Jurassic Park,” “Hold on to your butts!”

Dreher’s summary is fair:

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