From The “Bias Makes You Stupid” Files! Ethics Dunce: Legal Ethicist Steven Gillers

A depressing theme throughout the Trump years has been the corruption of various professions as members once justifiably regarded as trustworthy abandoned their ethical obligations to become “resistance” allies. The professions thus tainted include judges, scientists, doctors and health professionals, lawyers, psychiatrists, historians, teachers and professors, university administrators, and of course the worst offenders, politicians and journalists. Maybe I’ve missed a few. One more profession that has to be included on the list, I’m ashamed to say, is legal ethicists.

In a post in 2017, I discussed the disgraceful filing of a frivolous and politically motivated bar complaint against then-Trump aide Kellyanne Conway by a group of law professors, some of whom are ethics specialists, and a few of whom I knew and respected. I wrote in part,

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A Brief Ethics Observation: Kudos To The Ethics Alarms Commentariat (Bad Link Fixed!)

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In my father’s favorite poem, Rudyard Kipling salutes those who can keep their heads when all around them are losing theirs. Yes, he ends his verse with “You’ll be a man, my son,” thus resulting in the 21st Century ignoring Kipling’s wisdom because he expressed these sentiments in the context of his own culture and time rather than ours. (Fortunately, actress Ellen Page just demonstrated that any woman who feels left out can join Kipling’s target audience by just announcing she’s a man, so maybe Rudyard’s return to respectability is imminent.)

I have to peruse a lot of websites and social media to keep Ethics Alarms current, and I can state without hesitation that people are losing their heads with alarming frequency. I just read an alarming series of comments, almost 200 of them, on an Althouse post. I regard Ann’s blog as as close to this one in tone and orientation as any other I have encountered, although as with Ethics Alarms, it appears that most of her left-of-center commentators have fled because she has tried to be fair to President Trump. The thread is scary, as are several others of late. Some commenters are saying that Joe Biden will never take office. Some are openly trying to organize an armed insurrection. With very few exceptions, commenters are resorting to snark and bitterness rather than substance.

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“Duty To Confront” At The 7-11

Well, your friendly neighborhood ethics scold, unlike Democratic mayors and governors, is dedicated to doing what he urges others to do. In tonight’s case, I was obliged to follow through on the duty to confront (or the duty of confrontation), which has been a frequent theme here. I think it all came into focus for me when two jackasses at a Washington Nationals game were taking up two parking spots in the lot so they could “tailgate.” When I pointed out that they had only paid for one spot and were blocking where I wanted to park, their answer was “What are you going to do about it?” They chose…poorly. But I digress.

Tonight I was running an emergency errand to the local 7-11, and for some reason—free beer?—the parking lot was packed. Cars were double-parked, and I witnessed two near-accidents; it’s always been a badly designed lot. I had to cicle the block twice before I saw a space. And in the middle of it all the whole time, as other vehicles also searched for places to park, was a car with its hazard lights flashing, squatting in a spot right outside the store’s door, as the woman at the wheel blithely played, texted or whatever on her cell phone.

I went into the 7-11 and pointed her out to the two employees there. “You know, she’s preventing your customers from parking,” I said. “Oh, she’ll leave in a minute,” I was assured by one of the clerks, who obviously wasn’t looking forward to a confrontation. Neither was I: I was late getting home, I was hungry, and it was raining. By now, there were some empty spaces, including the one on the driver’s side of her car.

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An Ethics Alarms Popeye: Boy Am I Sick Of THIS Lie!

As a long-time Popeye fan, I established the Ethics Alarms designation in the spinach-gulping sailor’s honor to mark the times when I feel compelled to rail against a particularly persistent media distortion of reality. This morning’s New York Times sports section, in a bottom of the page article about ESPN firing one of its more political hosts now earns a Popeye for this bit of deliberate disinformation, aimed at smearing the President (of course). As has been a pattern at the Times, President Trump had little connection to the story but it was decided that a gratuitous attack was appropriate anyway.

Reporter Keven Draper wrote (and Times editors accepted) this:

Le Batard publicly criticized ESPN’s tepid approach to covering politics after President Trump tweeted that four Democratic congresswomen of color should “go back” to “the crime-infested places from which they came” — comments that even members of Trump’s party condemned as racist.

Although this is how the President’s admittedly stupid and inflammatory tweets have been misquoted since they were posted, that is not what he tweeted. Here are the tweets in question:

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End Of Week Open Forum, Or, If You Like, “The Friday Forum”

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The last open forum was only two weeks ago, but I am considering having a commentary free-for-all more regularly, indeed every week. This is an experiment: the open forums have been remarkably consistent in attracting 30-40 comments, which I would like to see increase of course. They also have the virtue of buying me some time to complete multiple Ethics Alarms projects that, as many of you keep reminding me, have been stalled or languishing: the grand finale of the Wuhan virus series, the last of the the Big Lies (that the President mismanaged the pandemic AND caused the lockdown-driven economic collapse—I guess it shouldn’t surprise me that the most ridiculous and unsupportable of the Big Lies turned out to be the most effective), the half-finished Ethics Guide to “Miracle on 34th Street,” which has been in aspic for a year, and even, after several years’ hiatus, maybe the year-end Ethics Alarms Awards for the Best and Worst of Ethics.

Then there is always that annoying thing called “work”….

Yes, that would be the second “Dobie Gillis” reference this week. That’s a good thing.

As always, keep it civil, keep it relevant, be bold and brilliant, and “go do that voodoo that you do so well!”

Daybreak Ethics Warm-Up,12/4/2020: An Ancient Judge, A Non-Binary Actor, An Idiotic Team, An Icky Teacher, And An Absurd Columnist Walk Into An Ethics Bar…

1. Political, not logical, honest or competent…Actress Ellen Page, 33, best known for her performance as the pregnant teen in “Juno,” announced this week that she was “non-binary” trans. “My pronouns are he/they and my name is Elliot. I feel lucky to be writing this. To be here. To have arrived at this place in my life,” she wrote. Immediately, Netflix began changing Ellen Page’s name to Elliot in the credits all Netflix movies and series she had participated in. Now, for example, the IMDb page for the Netflix original series “The Umbrella Academy” says Elliot Page was in the cast. This is being called an “update.” It isn’t an update. It’s a lie, and airbrushing history.

When Al Hedison starred as “The Fly” in the original horror movie, that’s who he was. Later, Al changed his name to David Hedison for some reason, and that was the actor we watched in “Voyage to the Bottom of the Sea,” Irwin Allen’s wonderfully cheesy Sixties TV sci-fi series, and as one of the many Felix Leiters in the James Bond films. They didn’t change his credit on “The Fly.” Nor do you see the name Jack Palance in the credits as the evil gunslinger in “Shane” In that film, the actor we now know as Jack was going by “Walter.” And that’s who he was…then.

Identities are not retroactive. Actress Linda Day had a substantial career in television before she met and married actor Christopher George in 1970. Thereafter, she performed under the name of Linda Day George, but no one changed her credits on the shows she had previously performed in as Linda Day, because Christoper George was barely a twinkle in her eye then. This isn’t hard. Netflix is rushing to retroactively alter history not because doing so is accurate or true, but to demonstrate that the company is “woke,” and thus supporting Page as well as trans people everywhere. It’s virtue-signaling, and a particularly dumb and misleading version of it.

Oh, I should mention that Olympic athlete Bruce Jenner was not Caitlyn Jenner when he won his Gold medals in male events. Olympic records were not changed to claim a falsehood and an impossibility.

2. “Was that wrong? Should I not have done that?” The New York Daily News reports that a Staten Island high school teacher, so far unnamed, was seen naked and masturbating during a Zoom conference this week.

Apparently he tried to invoke Rationalization #3, The Unethical Role Model: “He/She would have done the same thing,” pointing out that “Jeffrey Toobin did it!” (Kidding!)

As with Toobin, I don’t understand the thought process, if you could call it that, that could produce such conduct. I also don’t understand the various statements in the aftermath of the Staten Island incident as described in the story. It wasn’t clear if the teacher intentionally exposed himself or if the video call involved students, the Daily News noted. So what? The conduct is nuts and requires firing for cause either way. I suppose intentionally behaving like this on Zoom is a crime, or more likely, evidence of mental illness.

I also enjoyed the Captain Obvious aspect of the statement by the school:

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“What Is It With Democrat Leaders And COVID-19 Hypocrisy?” They’re Assholes, Obviously; What’s So Puzzling?

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CNN anchor Brianna Keilar gave her audience a segment yesterday, in which she unequivocally called out Democratic mayors , governors and other officials by name and party for their stunning pattern of hypocrisy regarding Wuhan virus restrictions that somehow never seemed to apply to them.

“A number of Democratic leaders, apologizing or reversing course, after multiple occurrences of “do as I say, not as I do, she began. “They have been caught, not following their own coronavirus guidelines.”

Keillar then documented with video and narration the arrogant conduct and subsequent apologies of some (but not all) of the leaders she referred to: San Francisco, Mayor London Breed, California Governor Gavin Newsom, Los Angeles County Supervisor Sheila Kuehl, San Jose, California, Mayor Sam Liccardo, New York Governor Andrew Cuomo, and Denver Mayor Michael Hancock . She omitted, presumably for time considerations, D.C. Mayor Bowser, Chicago Mayor Lightfoot, New York City Mayor Bill De Blasio, Austin Mayor Steve Austin, Speaker of the House Nancy Peloisi, and others. There was another one caught today, as Louisiana Governor John Bel Edwards confirmed the authenticity of a photograph taken of him socializing maskless and in close contact with others at the Baton Rouge Country Club in mid-November just before enacting stricter pandemic lockdowns for the state.

Keillar continued stating the obvious:

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Once Again, Foes Of A Looming Progressive Dictatorship Are Depending On An Unethical Pol To Save Them

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It would be nice if Senator David Perdue, one of two Republicans in Georgia Senate run-offs that will determine whether the Democrats’ last four years of sabotaging President Trump’s Presidency is considered a success or a failure, was an ethical, trustworthy official. But as if Perdue already didn’t have enough obstacles to winning re-election, like the ridiculous attempted boycott of the run-offs some Republican wackos are pushing (the boycott plan narrowly beating out holding their breath and setting their heads on fire as alternatives to voting), there is also this: he appears to be among the worst of Congress’s inside traders.

I’ve written a lot about this ongoing scandal. (The chart above is from one of the earliest posts.) The practice continues because both parties’ members make so much money from it that they refuse to police themselves adequately. Perdue is just the latest offender to come under public scrutiny. This time, the motivation for the exposure is the critical nature of the Georgia races, prompting the now open and obvious committed ally of the Democratic Party, the New York Times, to do a front page hit job on the Senator their Dark Masters have to destroy. But just as being paranoid doesn’t mean they aren’t out to get you, being biased doesn’t mean you can’t be right. The Times article about Perdue is damning, and not especially surprising, since I would believe the same of most members of Congress. This is literally sanctioned corruption, and has been for a long, long time.

From the Times article:

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If House Democrats Have Functioning Ethics Alarms, They Won’t Do This…

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Wait, what am I saying?

Iowa certified Mariannette Miller-Meeks, a Republican, as the winner in the state’s 2nd Congressional District by nearly the thinnest of margins, defeating Democrat Rita Hart by only six votes. Hart hasn’t challenged the result. What she has done is to ask Nancy Pelosi, the Democratic Speaker of the House, to have her House majority seat Hart anyway. The theory, apparently, is that this strategy will force Iowa to review the current ballot count. Right now, the Miller-Meeks victory will be investigated by the House Administration Committee.

The Washington Times, which reported this last night, says, “The refusal by a Democrat to accept certified results is likely to fuel supporters of Mr. Trump, who believes he has valid reasons for contesting his apparent loss.” Ya think?

If you want a “literal civil war,” as some illiterate conservative hotheads are already claiming we have, this is a great way to push us in that direction, and I might grab a musket myself. Are Democrats really so deluded and power mad that they would try to seat a defeated House candidate by fiat in defiance of the state’s certification even as they deride the President’s campaign for challenging the results in several key states where vote-counting shenanigans appeared to be rampant?

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Evening Ethics Exorcism, 12/2/2020: Boy, I Hate Thinking About This Stuff Before Bed…

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1. This is too stupid to devote a post to, but too stupid to ignore. Some group of wackos calling itself the We the People Convention is advocating that President Trump invoke “limited martial law” and hold a new election by fiat. The group somehow scraped up the money to call for this in a full page Washington Times ad, not that the Times is a particularly prominent newspaper, but it is a conservative one, which I guess is why they thought it was okay to accept money for such junk. It isn’t.

As for the WTPC’s argument, it is based on bad history, bad law, and bad thinking. The press release “explains”:

The Ad compares the Extraordinary Executive actions implemented by President Abraham Lincoln in his efforts to save the Union during the Civil War and the literal civil war that is dividing our nation today. Without full confidence that our courts or Congress will indeed follow the 12th Amendment of the Constitution and defend our electoral process, the ad calls upon President Trump, like Lincoln, to exercise the Extraordinary Powers of his office and declare limited Martial Law to temporarily suspend the Constitution and civilian control of these federal elections in order to have the military implement a national re-vote that reflects the true will of the people.

Cue “Murder by Death”:

What the ad and petition are arguing for is wildly unconstitutional. Lincoln’s various excesses were also unconstitutional and among the most serious abuses of Presidential power in our history, but at least he had an actual Civil War to deal with. There is not, obviously, any “literal” civil war today. If something as unprecedented and nationally disrupting as a voided election and a do-over is going to happen (it won’t), it would have to occur through the courts, which is to say, through the rule of law.

The ridiculous, offensive, reckless and foolish suggestion would have probably received the scant attention it deserved had not, if what I have seem reported is correct, recently-pardoned Mike Flynn and pro-Trump lawyer Linn Wood, who looks and sounds more like Michael Avenatti every day, publicly endorsed it. (Wood is not a member of the Trump legal team, incidentally, though I keep seeing that reported.)

Well, shame on them both, but Flynn is a notorious loose cannon, and Wood, well, is Wood. Their approval won’t make the petition any less ridiculous, and their poor judgement reflects badly on nobody but themselves.

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