2016 Post Election Ethics Train Wreck

Morning Ethics Warm-Up, 12/27/18: It’s Video Thursday!

/ Jack Marshall / 38 Comments

Happy inevitably confusing and disorienting period between Christmas and New Years!

1.. Is this a racially problematic TV ad, or an encouraging one that signals progress?

For me, the commercial raises the question: Have we reached a point when depicting an entire black family acting as moronic as white people are routinely depicted on TV is permissible and white people are allowed to laugh at it?

It made me uncomfortable. Am I alone?

2. Charley Parkhurst. The New York Times project to catch up on all the significant and remarkable women who never received the recognition of an obituary in its pages has been fascinating, and there has been no more interesting entry than this month’s remembrance of Charley Parkhurst, 1812-1879. Parkhurst was a famous driver of six-horse stagecoaches during California’s Gold Rush, a challenging job requiring strength, skill, and unusual honesty. Parkhurst was described as “short and stocky,” a hard-living whiskey drinker, cigar smoker and tobacco chewer, who wore  a patch  over the empty eye-socket where a horse had kicked out the eyeball. Charley was also universally regarded as male until a doctor discovered, post mortem, that she wasn’t. At a time when a women’s options  were severely limited, Parkhurst decided at a young age to live as a man, and was mighty good at it. She even registered to vote in 1868, and some give her the distinction as the first woman to vote in a Presidential election, though there is scant proof of it.

Looking at and thinking about a women “identifying a male” in a different cultural context is fascinating. Was Charley a woman, a male, trans, gay, a fraud, a hero (a heroine?), or just an opportunist and a gutsy realist who did what she wanted to do the only way it was possible for her to do it?

And does it matter? Should it matter?

We are told that Charley also was a lumberjack for a time. I wonder what she would have thought of the Monty Python song?

3. An Althouse quote: Continue reading →

‘Yeah, I Know Journalists Are Untrustworthy But They Support MY Biases, So I Trust Them Anyway,’ And More Revelations From The Annual Gallup Survey

/ Jack Marshall / 25 Comments

The chart above shows the summary results of Gallup’s annual survey of the public’s trust in various professions. The venerable polling organization  has set out to measure the public attitudes toward the honesty and ethical standards of professions and occupations since 1976.  The  poll, conducted between December 3 and 12, 1,025, asked U.S. adults, as Johnny Carson’s quiz show didfrom 1957-1962, “Who Do You Trust?” and also “How much?” The survey has never revealed whether and how much any of these groups should be trusted, for trust is often irrational, and based more on perception than reality. If you want to be cynical about it, you can conclude that it only tells us who does the better job of conning those who depend on them.

As in every year for two decades, (with the exception of 2001, when firefighters were on the list after the 9/11 terrorist attacks) nurses topped the list.  Before that, pharmacists and clergymen  exchanged yearly titles for most-trusted. I have wondered if pharmacists lost votes once “It’s A Wonderful Life” started being shown on the networks every holiday season, with old Mr. Gower shown drunkenly loading pill capsules meant for a sick kid from the contents of a jar labeled “POISON.” However, there isn’t much mystery why public regard for the clergy’s ethics has dived. Continue reading →

Ethics Observations On The Mattis Resignation

/ Jack Marshall / 35 Comments

President Trump announced that he was ending the U.S. mission in Syria, and drawing down the troop level in Afghanistan. His Secretary of Defense,General Mattis, resigned in protest, and copied his letter of resignation to the world.

The news media, social media, and full time anti-Trump hysterics, among others, went bonkers.

  • What’s going on here? A President who has long held that U.S. domestic priorities are more important than “being the world’s policeman” followed through on his promise. As is his wont, he sprung the actual news without laying a foundation to cushion the blow. Nobody knows whether the decisions will work out or not, but the assumption is that because this President is the one making the decisions, they must be stupid, evil, or both. This, despite the fact that Barack Obama essentially did the same thing regarding Iraq, except that Iraq gave much more promise of stabilizing with continued U.S. presence. Syria is still in chaos, and nobody can confidently say when and if it will not be. As for Afghanistan, the U.S. has been expending lives and treasure there for a mind-blowing 17 years. What is the mission? Funny—I thought the original mission was to punish the country for sponsoring the 9/11 attacks. We could have declared the point made long, long ago. Is the President wrong to say “Enough is enough”?

I have no idea—and neither do you.

  • Having no idea, not having seen the data, not having been advised, and not being President of the United  States, I have little basis to challenge or deride the decision. But what’s really going on here is what has been going on since January, 2017. Any decision or action by this President is immediately assumed to be wrong. The analysis attached to it afterwards is superfluous. The position is that President Trump did it, it’s wrong because he’s a Nazi/idiot/ grifter /fool, and that’s all we need to know.

This, of course, makes it impossible, literally impossible, to get honest, trustworthy analysis about anything.

  • Anyone who criticizes Trump in public, even certifiable slime like Steve Bannon, James Comey, and Omarosa, suddenly is embraced by “the resistance ” and the news media using the formula that the enemy of my enemy is my friend. This rewards unethical conduct, and “Mad Dog” appears to have fallen into the trap, to his eventual shame. As a lawyer, I know it is unethical to drop a client, my employer, and make any pubic statements whatsoever impugning his or her judgment or conduct. It is also unethical to do this in any professional relationship. Professionals know this: I presume at one time Mattis knew this. But having paid attention to how routine betrayals of this President have been cheered and praised, he apparently couldn’t resist temptation.

Now, as a lawyer, my duties are codified. That doesn’t mean that professionals who don’t have the same duties codified aren’t obligated to follow them. Continue reading →

Morning Ethics Warm-Up, 12/18/2018: One Week To Christmas Edition (Including Nothing About Christmas, Almost)

/ Jack Marshall / 17 Comments

Good Morning.

A beautiful, naked Frasier Fir is standing in my living room like an unpaid debt.

1. Speaking of Christmas...The first installment on the Ethics Alarms ethics guide to “Miracle on 34th Street” went up late yesterday, and was immediately blocked on Facebook for violating community standards. Nice. It appears my Facebook “friends” took revenge for my chiding their juvenile and unending “Orange Man Bad” posts.

2. Speaking of being ticked off… Professor Turley:

In a surprising admission, the author if the controversial dossier used to secure the secret surveillance on Trump officials admitted that it was paid for by Clinton campaign as a type of insurance to challenge the election.  At the same time, the reporter who helped break the story, Michael Isikoff now says that many of the specific allegations remain unproven and are likely false. 

The Washington Times reported that Steele stated in a declaration in a defamation case that the law firm Perkins Coie wanted to be able to challenge the results of the election based on the dossier.  In an answer to interrogatories, Mr. Steele wrote: “Fusion’s immediate client was law firm Perkins Coie. It engaged Fusion to obtain information necessary for Perkins Coie LLP to provide legal advice on the potential impact of Russian involvement on the legal validity of the outcome of the 2016 US Presidential election. Based on that advice, parties such as the Democratic National Committee and HFACC Inc. (also known as ‘Hillary for America’) could consider steps they would be legally entitled to take to challenge the validity of the outcome of that election.”

In his typical fashion when he is in mealy-mouth mood, Turley says this is “concerning,” since this document was used to get judicial leave to spy on the Trump campaign. The news is only surprising if you had your fingers in your ears and were shouting “Nanananana” for the past year. This issue, you will recall, is what led a previously well-regarded commenter from the Left here to noisily withdraw as a participant because I was, he said, obviously in the throes of irrational Right Wing conspiracy mania because I posted this.

Certain exiles, if they have any integrity at all, owe me a large, effusive, groveling apology—and I still might not accept it.

Concludes the Professor: “The Steele admission only magnifies the concerns over the purpose and the use of this dossier, but has received little media attention.”

Gee, I wonder why THAT is!

3. “And now for something completely stupid” Department. I guess former “Fresh Prince of Bel Air” star Alfonso Ribeiro’s  career isn’t going so well. He is suing the makers of the video game Fortnite for allegedly stealing his “Carlton dance.” You know, this…

It was a big deal at the time because Ribeiro’s character was a geek, and ignorant viewers didn’t know that the actor was professional dancer who had starred in “The Tap-Dance Kid” on Broadway as a child. The fact that a video character does similar moves…

…is no basis for a lawsuit. Choreography copyrighting is a murky intellectual property area, and suing because of an animated figure’s moves is pathetic, as well as an abuse of the civil justice system. The has-been star is angling for a nuisance suit settlement. He should try “GoFundMe” instead. Continue reading →

Morning Ethics Warm-Up, 12/17/2018: The Tragedy Of The Commons Bites Starbucks (Good!) And Other Fiascos

/ Jack Marshall / 35 Comments

Are we having holiday fun yet?

Not yet…

1. ” Madness! Madness!” (Culturally literate readers will be able to name the movie.)

An 11-year-old boy named Joshua Trump has been forced to go by a different name at his Delaware middle school because he has been relentlessly bullied and punched on the a school bus because of his last name.  School officials said that as soon as they learned of the bullying they took action, including disciplining students  involved. The school should be investigating teachers, who may be signalling their biases against the President, and we should be looking at the bullies’ parents and the toxic influence of the media.

This story is just a tiny tip of a very large, very deep, very dangerous cultural iceberg.

President Trump should write the boy and his family, or better yet, call him.

2. “My Bloody Valentine” ethics. I am compiling a list of the very best horror movies for a relative who professed ignorance of the genre. I have done the same for Westerns (this became a Smithsonian program) and movie musicals. It is really annoying to hear people say that they don’t like movie musicals when they have never watched “Singin’ in the Rain” or Fred and Ginger at their best, or that they don’t like Westerns when they have never seen “Shane.” What they are really saying is “I don’t know what I’m talking about, but I have strong opinions on it anyway.”

But I digress. I had remembered that the 2008 remake of “My Bloody Valentine” had impressed me with its original and gory special effects, like the maniac mine murderer jamming a shovel into a victim’s face between her nose and mouth, causing the top half of her head to sliiiide down the shovel blade, or the killer yanking another victim’s lower jaw off with a pick- axe. What fun! But when I selected the film on Netflix to see if it was list-worthy, I discovered that those moments and many others had been edited out. This effectively renders the film pointless and scare-free, but it is also a bait-and-switch. If the film isn’t really the film the director made, a notice to that effect is mandatory. I assumed that Netflix only showed the movie, the whole movie, and nothing but the movie. Guess not.

3. Tucker Carlson, boycotts, and virtue signaling. On his Fox New show, Tucker Carlson was discussing the attitude exhibited by some politicians toward illegal immigration and the economic impact it has on the United States:

“Our leaders demand that you shut up and accept this. We have a moral obligation to admit the world’s poor, they tell us, even if it makes our own country poorer, and dirtier, and more divided. Immigration is a form of atonement. Previous leaders of our country committed sins; we must pay for those sins by welcoming an endless chain of migrant caravans. That’s the argument they make. Somehow the immigration-as atonement idea has become the official position of virtually every guilty liberal in the United States. Our tech overlords, the ones always lecturing you, corporate America, Nancy Pelosi and Paul Ryan—they all believe this, and anyone who disagrees with them is denounced as a bigot and fired.”

But how do you really feel, Tucker? I think Tucker would like to take back “dirtier”—how do illegal immigrants make the country dirtier?—but then he’s speaking extemporaneously. His overall point, while a bit inflammatory in the rhetoric used to express it, is valid. However, Pacific Life, which ran an ad on Fox right after Carlson’s rant proclaiming that the company had been “protecting generations of families for 150 years,” decided it was time to grandstand. (Carlson has also been a target of Media Matters efforts to get sponsors to abandon his show, because the best way to win arguments is to muzzle opposition, especially when your own position makes no sense.)

The company released this:

“Pacific Life’s national advertising campaign runs on numerous networks and cable stations on a variety of news, business and sports programs. One of our ads appeared on Tucker Carlson’s show last night following a segment where Mr. Carlson made a number of statements regarding immigration. As a company, we strongly disagree with Mr. Carlson’s statements. Our customer base and our workforce reflect the diversity of our great nation, something we take great pride in. We will not be advertising on Mr. Carlson’s show in the coming weeks as we reevaluate our relationship with his program.”

Carlson made it clear that he was talking about illegal immigration, though he gave those who want to misconstrue him sufficient rope for them to do so. If it is going to say it disagrees with Carlson, Pacific Life is obligated to say how. (I ding comments on posts here that just say “You are wrong,” “I disagree,” or “You’re an idiot.”) They don’t, because they can’t, and don’t have the guts to take a clear position. Do they believe that the U.S. has an obligation to take in all of the world’s poor? Do they not agree that unregulated and unrestrained immigration will make the country poorer and less united? Do they disagree that liberal guilt and race-baiting are primary tools of those pushing for open boarders? They probably haven’t thought about any of these things beyond the thought a puppy gives a biscuit. They just want to signal “Immigrants good!” and, to use Ann Althouse’s phrase, “Orange man bad!”

Are there corporations with integrity? Right now I can’t think of any. Continue reading →

Flashback: Revisiting January 15, 2017, When I Was Horribly, Depressingly Right.

/ Jack Marshall / 17 Comments

There are so many posts here that I forget I wrote many of them, and definitely forget exactly what I wrote in them. I do check old posts when I stumble upon them to see how I assess Past Me as kind of an integrity check. It is remarkable, or maybe its an indictment, that I still agree with myself 99% of the time, no matter how much time has passed. As is often the case when an old post comes back into view, it was a new comment—nothing substantive– that unearthed this one, a post on the topic tagged as the 2016 Post Election Ethics Train Wreck here.

Two years ago I was getting complaints that I was spending too much time and print writing about the progressive/Democratic Party/ news media/”resistance” efforts to ensure the failure and rejection of Donald Trump as President before his administration even got started. I had been writing about the dangerous divisiveness and government dysfunction that this conduct would inevitably lead to if it didn’t stop for just two months. I wrote this post in response to those complaints.

Incredibly, shockingly, depressingly, dangerously, nothing has improved. Indeed, it has gotten worse. A lot has happened: impeachment plans A though O have been floated, advocated and pursued. The news media has been transformed into a virtual vigilante arm of “the resistance.” It is also one of the many democratic institutions that has been weakened, losing public trust and deserving to do so. Meanwhile, Ethics Alarms, in great part because it has refused to capitulate to this culturally suicidal madness, has lost readership and support. The problem is that opposing the broad-based effort to destroy an elected President regardless of the deep wounds it inflicts on democracy and society is seen by the deranged as endorsing the persona, character, methods and all of the policies of Trump himself—seen as, or cynically and dishonestly characterized as such to avoid confronting my analysis. (Hello, Facebook!)

Reading this post after everything that has happened since, I can only wish I was as right every day as I was on the day I wrote this, and I also wish that I had been wrong.

I recommend that you read it too. I may break in here and there. I will not take back a single word.

It is titled, Apologia: I’m Sorry. I’m Sorry That The Left Is Behaving So Unethically, And I’m REALLY Sorry I Have to Keep Writing About It.

Ethics Alarms is intended to be a pan-ethics colloquy on our efforts to set ethical standards in our society, using, for the most part, current events and controversies to apply ethics analysis to dilemmas, conflicts and gray areas as they arise. Silly me: I really thought that once the election was over, I could shove political ethics back into the pack, and get back to more balanced and diverse commentary. I did not expect the Left—is there a better word for progressives, Democrats, Hollywood, academia, artists and the mainstream media?—to behave so abominably and irresponsibly for such an extended period.

Because I believe with all my heart  that this mob-tantrum is doing far more damage to the nation and society than unethical IKEA ads, incompetent judges and even sexual predator 6th grade teachers, I have to chronicle this awful national ethics phenomenon at the expense of other topics. I am thoroughly sick of it. I feel like Keith Olbermann, who quit his first non-sports news commentary job because couldn’t stand reporting on the Monica Lewinsky scandal every night. And believe me, I don’t like feeling like Keith Olbermann.

This is the major ethics story of the month, the year, and maybe the decade. A coalition of ideologically inflexible groups are deliberately seeking to undermine a duly elected President of the United States, and to destabilize the United States government, because their candidate—and a terrible, corrupt, incompetent candidate she was—somehow managed to lose. They are doing this in full knowledge that their actions directly contradict their leaders’ statements before the election. You know, like this one… Continue reading →

Sunday Ethics Warm-Up, 12/16/18: As Bing And I Dream Of A White Christmas, Pre-Holiday Ugliness

/ Jack Marshall / 9 Comments

Good afternoon!

[For some reason, Bing’s version of the song that begins the film “White Christmas”–accompanied by a music box–is completely off-key. This has bothered me for decades. How could this happen?]

1. Our trustworthy news media. How many news outlets reported this story? In 2016, Tribune Publishing Co. owner Michael Ferro met with corporate leaders from within his news empire, including chief news executives from the Los Angeles Times, the Chicago Tribune and The Baltimore Sun.  During the meeting, he engaged in old-fashioned Jew-bashing, railing about the “Jewish cabal” that ran Los Angeles. In 2018,  Tribune Publishing made the first in a series of secret extortion payments that totaled $2.5 million to avoid a threatened lawsuit filed by a fired newspaper executive who had been in that room, thus keeping Ferro’s anti-Semitic slur out of the news.

Yes, a news organization paid millions to suppress the news. The rest of the story is similarly disturbing.

2. KABOOM! This article made my head explode. Therein, CNN contributor Kate Anderson Bower attacks the First Lady, saying that “she doesn’t understand what it means to be first lady.” The article is perfect 10s all across the board: for arrogance, for bias, for Trump-bashing, for incompetence and historical revisionism. The accusation arose from statements Melania made in an interview with Sean Hannity, stating that the hardest part of her job was having to deal with her and her family being personally attacked by “comedians to journalists to performers[and]book writers.”  Bower writes that Melania was

“again making the job about herself and her family instead of taking the opportunity to talk about the challenges she sees other people facing…The entire moment was a lost opportunity to put attention on the families of struggling Americans she’s met in her role as first lady, especially since she spent time the very next day reading to children at Children’s National Hospital, some sitting in wheelchairs with IVs attached. And the Hannity interview took place on USS George H.W. Bush, a trip the first lady made to support members of the military and their families. Wouldn’t it have been heartening to hear her use that moment during the interview to talk about the women and babies she’s met struggling with opioid addiction, or the children who she has met as part of her “Be Best” campaign who have been bullied at school, or the people whose homes were destroyed in the California fires?”

I’ll tell you what, you presumptuous hack: when you’re First Lady, you show us how it’s done.

There is no job of First Lady for Melania to “understand.” Bower is imposing her values and priorities on the job, and claiming that she knows the job description, which has always fluctuated with the occupant and the times.  The job of the First Lady, to the extent there is one, is to do whatever is possible to help the President of the United States be successful and succeed, using whatever talents she has. There is no obligation for a First Lady to be Eleanor Roosevelt, nor is it written in ink or precedent that the President’s spouse has to concentrate on “the challenges she sees other people facing.”  Jackie Kennedy’s primary project was renovating the White House, where she lived. How did that help the poor and under-privileged?  Lady Bird beautified the shores of the Potomac. How was that a boon to the poor in Appalachia?  Nobody criticized their priorities. I wonder why? Continue reading →

Ethics Dunce: William Kristol

/ Jack Marshall / 10 Comments

The Weekly Standard went belly-up today. As usual when a publication dies, there isn’t just one reason. There are many reasons, including a changing market, competition, aging principals and bad luck. These factors were at work in this instance as well. However, the Weekly Standard was primarily doomed by the arrogance and selfish pique of the man who one would think would be the individual least inclined to harm the Standard, since it was his legacy. He went ahead and mortally wounded it anyway, for a stupid reason, if a popular one. He hated Donald Trump. That individual, of course, is William Kristol. Continue reading →

Enlighten, Impress And Depress Your Friends! Explain Why The President’s Alleged Election Law Violation Was Not One, Much Less A Justification For Impeachment

/ Jack Marshall / 20 Comments

When Trump lawyer/crony/fixer/slimeball Michael Cohen was first arrested, multiple lawyers, legal experts and commentators who principles and integrity had not been melted by “the resistance” pointed out that paying hush money to a an old sexual partner threatening disclosure couldn’t possibly be an election law violation. Oh, details, schmetails: the point is to get Trump; what does the law have to do with it? After all, Representative Al Green, who has entered an impeachment resolution twice already, now says his next try will be based on “bigotry.” Hey, most Democrats in the new House would probably vote for impeachment based on “covfefe.”

Sure enough, when Cohen, trying to save his own neck, was bullied into pleading guilty to a non-crime, the media and social media hills were alive with the sounds of impeachment. The celebrants, however, are just wrong. Cohen’s plea shows a cowardly, disgraceful unethical lawyer; it shows that his lawyer, Lanny Davis, may be more interested in getting Trump than representing Cohen; it shows that the prosecutors in the case are unethical, and that the judge should not have accepted a plea to something that was not and cannot be a crime. It does not show that the President violated the federal election laws.

Attorney Bradley Smith, a former head of the FEC, explains why clearly, concisely, and decisively, here.

Of course, all the logic, facts and law in the world won’t put a dent in Stage 4 Trump hate. (To be fair, the news media and pundits aren’t helping them any by refusing to cover the issues and law straight.) But at least you will have given them a chance. It is Christmas time, after all.

Afternoon Ethics Warm-Up, 12/12/18: Silent Sam, Nasty Nancy, Tendentious TIME

/ Jack Marshall / 18 Comments

Happy pre-Christmas panic days!

Once we’re under the two week mark, it’s all anxiety, regrets, list-making, fatigue, nostalgia, and tree needles under the nails. This is what Andy called “the most wonderful time of the year.

1. The theory: political correctness and historical airbrushing is a higher priority than education. The University of North Carolina \Board of Trustees’ approved of a proposal to build erect a $5 million history center that would, among other things, house “Silent Sam,” a statue dedicated to fallen UNC grads who fought for the Confederacy. The statue stood on campus until protesters tore it down in August. Now some faculty members and graduate assistants are threatening to go on a “grade strike,” withholding grades on papers and exams to force the school to abandon “Silent Sam” for all time. They are also trying to encourage students to support their protest.

Wrote the UNC administration in response:

“This afternoon it came to my attention that some instructors have used their roles in the classroom to ask students to take a stand on the strike,” Blouin said in the email, a copy of which Campus Reform obtained. “The University has received student and parent complaints. Such actions have been interpreted as coercion and an exploitation of the teacher-student relationship and in fact are a violation of students’ First Amendment rights as well as federal law….Our students are entitled to receive their grades in a timely manner. It is especially critical for the students preparing to graduate next Sunday, as well as the thousands of students whose scholarships, grants, loans, visa status, school transfers, job opportunities, and military commissions may be imperiled because lack of grades threaten[s] their eligibility,” the provost stated. “The proposed strike exposes the University and individuals who withhold grades to legal claims for the harm they cause to students…“Failure to meet [the faculty and GA’s] responsibilities to their students, including timely submission of final grades, will result in serious consequences.”

Firing, I hope.

2. Boy, that Trump is such an uncivil boor! House Speaker Nancy Pelosi, setting a civility example for us all while describing her meeting with the President on “the wall’: “It’s like a manhood thing for him, as if manhood could ever be associated with him….It goes to show you: you get into a tinkle contest with a skunk, you get tinkle all over you.”

Nice.

Imagine the howls of indignation if the President described a foreign leader in such terms. Or the mass condemnation from both parties and the news media if any prior President had been insulted that way by a member of Congress.

3. “A person, a group, an idea, or an object that “for better or for worse… has done the most to influence the events of the year.” I would applaud TIME’s choice of journalists as the fading magazine’s “Person of the year” if it had the integrity to point out that this is an example of “the worse.” Indeed, journalists have deliberately warped and sabotaged public debate and discourse, withheld or buried information the public needs to know, divided the nation, defied their profession’s ethical standards, undermined their own institution and with it the health of American democracy, relentlessly worked to destabilize the Trump administration and undo the election, and have engaged in repeated incompetence, bias, dishonesty and conflicts of interest. The harm journalists have done is incalculable, and probably irreversible.

Quipped “Dilbert” cartoonist Scott Adams: “Fake News is TIME’s “Person of the Year.”

Bingo. Continue reading →