2016 Post Election Ethics Train Wreck

Oh, NOW I Get It! People Are Furious At The Kavanaugh Confirmation Because They Believe Divisive Fear-Mongers And Partisan Liars Like David Leonhardt! [Part II]

/ Jack Marshall / 24 Comments

New York Times hyper-partisan pundit David Leonhardt’s hate speech  in the New York Times was so bad, I couldn’t cover its ugliness in a reasonable length post. Here I pick up from Part I.

5. “publicly sought“; Lower and lower: Trump needled Hillary about her missing e-mails, and facetiously suggested that Russia should hack them so we could find out what was in them. This has been a disgraceful trope in the Trump-Russia conspiracy theories, and citing it identifies the writer or speaker as an  untrustworthy hack.

6. “When national security officials raised alarm with Congress, before Election Day, leaders of the candidate’s party refused to act.”

It is nice that the columnist supplies the news links so we can read what he is falsely characterizing.  This is a good example: a typically slanted post by anti-Trump Fury Jennifer Rubin blaming Mitch McConnell for not agreeing to sign “a bipartisan statement of condemnation.” If there is anyone who thinks that the Obama administration was prevented in any way from taking measures to protect the election from the Russians because McConnell wouldn’t sign a statement, raise your hand. It’s like the old telephone game: Rubin makes a highly dubious claim, and Leonhardt cites it to mean something more dubious still.

7. “The foreign assistance appears to have been crucial to the candidate’s narrow victory.” Appears to whom? There is absolutely no evidence that Russians played a crucial or even significant role in Trump’s  upset. This is now Democrat cant, and wonderful example of bootstrapping: obviously Hillary’s loss proves the case, because they are sure that she shouldn’t have lost.

8. “He won with only 46.1 percent of the popular vote, less than 16 losing candidates over the years had, including Mitt Romney, John Kerry, Williams Jennings Bryan and the little-remembered Horatio Seymour.”  Yes, the Left is still complaining about the Constitutional rules of the system that all parties have played by from the beginning, and which has worked out extraordinarily well. What is Leonhardt trying to say? Apparently that Trump isn’t legitimate, so everyone should be angry that they are being governed by an evil pretender.

Psst! Idiot!! 46.1 % is also more than some prominent Presidential winners, like Abraham Lincoln, Woodrow Wilson, and Bill Clinton (twice), as well as some not so prominent, like John Quincy Adams and James Buchanan In other words, the statistic is cherry-picked trivia, and proves nothing whatsoever.

9. Sigh. The Supreme Court seat was not “stolen,” which falsely implies something illegal.  The GOP was within its legal rights not to allow Obama’s nomination come to the Senate floor. The plan was unethical, unfair and a ridiculous gamble that easily could have backfired, but “stolen” is a falsehood.

10. ” A brutal, partisan process that was made into the norm by Democrats during the Bork and Thomas hearings, and sent plummeting to new lows by the outrageous conduct of, again, Democrats, this time.” There, I fixed it for you, Leonhardt. Continue reading →

Oh, NOW I Get It! People Are Furious At The Kavanaugh Confirmation Because They Believe Divisive Fear-Mongers And Partisan Liars Like David Leonhardt! [Part I]

/ Jack Marshall / 7 Comments

I know: I could spend all my time debunking unethical columns like Times pundit David Leonhardt’s piece a few days ago. However, since I noted in the previous post that I was puzzled by the fury of so many people regarding what was, in any objective assessment, a fair and competent—and, thank god, successful—effort by Republicans to prevent Democrats from shredding basic principles of justice and fairness in their desperate effort to preserve a favorable ideological balance on the Supreme Court as if they were entitled to it (They weren’t, because elections have consequences), I am obligated to inform the assembled that my puzzlement was cleared by his screed.

There are pundits like Leonhardt who are actively trying to foment fury and division, they are using false narratives, deceit and lies to do it, and newspapers like the Times and news networks like CNN and MSNBC are actively promoting the effort. I won’t waste my time and yours on the whole column, fun as it would be, but just this section:

If you’re not angry yet, you should be.

Let’s review: Decades ago, a businessman built a fortune thanks in large measure to financial fraud. His corrupt gains helped him become famous. He then launched a political career by repeatedly telling a racist lie, about the first black president secretly being an African.

This lie created an audience in right-wing media that made possible a presidential campaign. During that campaign, the candidate eagerly accepted — indeed, publicly sought — the illegal assistance of a foreign enemy. When national security officials raised alarm with Congress, before Election Day, leaders of the candidate’s party refused to act.

The foreign assistance appears to have been crucial to the candidate’s narrow victory. He won with only 46.1 percent of the popular vote, less than 16 losing candidates over the years had, including Mitt Romney, John Kerry, Williams Jennings Bryan and the little-remembered Horatio Seymour.

Having won, the new president filled a Supreme Court seat that his party had stolen with an unprecedented power grab. This weekend, the president finished filling a second seat, through a brutal, partisan process. During it, the president, himself an admitted sexual molester, mocked victims of abuse.

Together, the two new justices have cemented an extremist Republican majority on the Supreme Court. It has already begun acting as a kind of super-legislature, throwing out laws on voting rights, worker rights, consumer rights and political influence buying. Now, the court is poised to do much more to benefit the wealthy and powerful at the expense of most Americans — and the planet.

This is not how democracy is supposed to work.

That’s right: democracy doesn’t work when journalists are complicit in fomenting public division and violence to advance a political agenda. Continue reading →

Wait, WHAT? Democrats Think That They Aren’t Unethical ENOUGH?

/ Jack Marshall / 70 Comments

There are so many things in today’s post-Kavanugh confirmation Politico piece that might explode an ethics-savvy readers’ head, the CDC should seek leave to ban it as a menace to public health.  The Thing is titled, Democrats Fear They’re the Wet Rag Party: Kavanaugh’s victory leaves many on the left saying it’s time to get mad—and even, and better proof of the reality of Trump Derangement and the ethics collapse of the Left  would  be hard to find.

A digression: Well, not TOO hard. A novelist and passionate progressive blogger named Chuck Wendig published this Twitter rant after the confirmation vote:

There will be renewed calls for civility. Ignore them. They ask for civility as a way for you to grant them complicity in what they do. Civility is for normalcy. When things are normal and working as intended, civility is part of maintaining balance. But when that balance is gone, civility does not help return it but rather, destabilize it further. Because your civility gives them cover for evil. Note: this isn’t the same as calling for violence. But it is suggesting that you should not be shamed for using vigorous, vulgar language. Or for standing up in disobedience. Or for demanding acknowledgement and action in whatever way you must.

Fuck Trump. But he’s just the ugly fake-gold mask they’ve put on this thing. Fuck all the GOP, fuck that blubbering, bristling frat boy judge, fuck McConnell, Ryan, Grassley, Collins, every last one of them. Fuck them for how they’ve shamed victims and helped dismantle democracy. They will tell you to smile, that we need to get back to business, that we gotta heal the rift and blah blah blah — but that’s the desire of a savvy bully, who wants you to stop crying after he hit you, who wants you not to fight back. But you can cry. And you can fight back. They can eat shit. All of them. They can eat a boot covered in shit. Winter is coming, you callous fucknecks, you prolapsed assholes, you grotesque monsters, you racists and rapists and wretched abusers, you vengeful petty horrors.

Sidenote: some will tell you to be civil because our rage and scorn will fuel the other side, but fuck that double standard in both its ears.

Well, if you hadn’t said those SASSY WORDS and demonstrated ANGER at our whittled-down democracy, I for a second might’ve been convinced not to eat this baby. But fie! Fie on you! Your incivility MADE me eat this baby!” Spoiler warning: they were always gonna eat that baby.

PS— It’s okay if you’re not okay.

I keep hearing the talking point that confirming Kavanaugh somehow undermined democracy. This is essentially a Big Lie, which the Democrats and “the resistance,” being totalitarians in training, are employing with increasing frequency, if not deftness. Democracy is allowing elected Presidents to appoint qualified judges to the Supreme Court, which is what Trump did, and the Democrats tried to prevent. Our democracy demands the presumption of innocence and due process, which Democrats tried to declare null and void. Our democracy demands equal justice under law, which means that accusers and the accused both have rights, and one gender isn’t accorded greater deference than the other.

How did poor Chuck’s brains and values get this scrambled?

End of digression: back to Politico. Reporter John Harris tells us that Democrats think they were too nice when they employed every cheap trick, unfair avenue of inquiry and a series of late, legally and factually dubious attacks on Kavanaugh’s character to defeat or at least delay his confirmation.

Does this post-confirmation quote make your head explode? Continue reading →

Look! An Ethics Dunce Mob: 2,400+ Law Professors

/ Jack Marshall / 73 Comments

“My mind may be mush, but I can get 2400 colleagues to agree with me anyway!”

In the New York Times: The Senate Should Not Confirm Kavanaugh Signed, 2,400+ Law Professors

One of the most disillusioning aspects of the epic 2016 Post Election Ethics Train Wreck, the worst and most damaging of them all, has been the serial disgrace of one profession after another as they abused their public trust, ethics codes, core values, and expertise. Psychiatrists, physicians, lawyers, journalists, academics, educators, judges, elected officials, pundits, journalists, law enforcement officials and more: so many have sided with partisan mobs when the nature and mission of what makes them valuable society demand that the professionals  remain neutral and objective. Law professors have been particularly fond of disgracing themselves since President Trump’s election, and almost all of them are Democrats,  so seeing over 2400 of them sign a statement that can stand as a warning to all against taking pronouncements from this particular group of  legal academics seriously is hardly a shock.  It’s still discouraging.

What is unethical, as well as dumb, about this stunt, for stunt it is? Let us count the ways.

1. It is grandstanding and virtue signaling designed to mislead the public, and seed further division, if that’s possible. Every one of these professors can have their own individual opinion about the Kavanaugh nomination, but it is no better, or more influential, nor should it be, than yours or mine. They seek to increase their influence by amassing thousands of personal and biased opinions into a single loud one masquerading as a professional opinion, which it is not.

2. The number 2400 is inherently misleading. This isn’t close to a majority of the law professors in the country. It’s not close to a majority of the Democrats and progressives in the profession. Most of the public, however, doesn’t have continuing relationships at law schools, haven’t worked for them, haven’t graduated from one, or taught at one, like, say, me. The petition is designed to deceive. There are more than 20,000 law professors in US Law schools. Now we know at least 10% appear to be unfit to teach law.

3. The letter is completely irrelevant. Nobody in the Senate cares what a group of liberal law professors want. No Senator is going to read this opinion and say, “Oh, no! I guess I better vote against Kavanaugh: a boatload of professors I’ve never heard of think I should!” Continue reading →

Noonish Ethics Warm-Up. 9/27/18: “You’re The Bad Guys,” Cont.

/ Jack Marshall / 159 Comments

Hi!

1. Unethical in its simplicity. An esteemed commenter insists, “Any witnesses who allege that Kavanaugh assaulted them should be allowed to testify.” This is either naive (incompetent) or intellectually dishonest. The Democratic Party’s stated objective is to delay a confirmation vote until after the Fall election, in the Hail Mary hope that the Senate will flip to them. There should be no question that the party, now thoroughly corrupted by a mindset holding that anything—lies, character assassination, perjury, misrepresentation, defiling of due process—is justified if it will protect abortion rights and its own power, would manipulate such a rule for political benefit, would recruit an endless series of politically motivated accusers if it could accomplish the objective of running out the clock.

The “any witnesses” flaw was amply demonstrated by yesterday’s fiasco. “New Kavanaugh allegations!” my late TV news screamed. By this morning, the entire story had fallen apart, and yet that ridiculous account (an anonymous woman claimed she was assaulted on a boat in Newport by a drunken “Brett” and friend, so an anonymous man beat them up) added to the designed false impression that multiple, verified, credible witnesses were confirming that Brett Kavanaugh is, as that same esteemed commenter has suggested, a serial sexual predator.

A witness whose claims are raised in a timely manner (that is before hearings begin allowing time for investigation and a response from the accused), whose account meets minimum standards of plausibility, whose accusation involves conduct relevant to a nominee’s fitness to serve, and whose story did not occur so long ago that verification or rebuttal is impossible, should be allowed to testify.

Those qualifications eliminate all of Kavanaugh’s accusers, as well as Anita Hill. Continue reading →

Comment Of The Day: “Morning Ethics Catch-Up, 8/22/18: Manafort, Cohen, and Mollie”

/ Jack Marshall / 5 Comments

No, I wasn’t just looking for an excuse to post a photo of Stormy. This is an ethics blog!

Chris Marschner authored a Comment Of The Day this morning, which reminded me that another of his Comments Of The Day had been waiting on the runway for almost a month.

I’m glad of this, because the topic has nothing to do with the Kavanaugh hearings. Chris was writing about the then-popular impeachment plan–Plan K-— raised by Michael Cohen’s fixing activities. Would I rather think about Michael Cohen or Christine Blasey Ford? Would I rather be kicked in the head by a Clydesdale or a musk ox?

Here is Chris Marschner’s Comment of the Day on the post, Morning Ethics Catch-Up, 8/22/18: Manafort, Cohen, and Mollie:

In your post regarding Gulliani’s quote “the truth is not the truth.” I opined that the truth was what one wishes to believe.

The entire question of whether a payment made by or on behalf of another to obtain an NDA for acts that may be embarrassing is an election law violation begs the question regarding taxpayer funded settlements made to congressional staffers to settle harassment claims by members of Congress. These settlements appear to have similar codicils for non disclosure for the express purpose of avoiding personal embarrassment that could influence their reelection bid.

Michael Avenatti claims his fees are being paid through a crowdfunding site but there appears to be no way to determine if much of those funds that flow through the site are from 10,000 unique people or one person or group. For all anyone knows large sums could becoming from Tom Steyer, George Soros, or even the Russians. Mr. Avenatti does not publicize the fact that he claimed to be the originator of “The Apprentice” and sued Trump years ago. He also does not publicize the fact that he is closely tied to Rahm Emmanuel and the Obamas.

Continue reading →

Afternoon Ethics Warm-Up, 9/19/18: Conditional Authoritarianism, Fake Reparations, And Profitable Harassment

/ Jack Marshall / 26 Comments

Having a good and ethical day?

1. Here’s a useful definition…that I formulated while reading another issue of the increasingly and inexcusably anti-Trump propaganda obsessed New York Book Review section. This past weekend’s addition was more obvious than usual. “Democracy at Risk!”  (Not by an opposition party setting out to topple a Presidency with the assistance of the news media—no no no! The risk justifies the opposition party doing this!) “Is Donald Trump a Fascist?”  Hey, what’s Bob Woodward reading, just to pick a celebrity out of a hat? (The interview highlights the lack of self-awareness among the Trump-haters: Bernstein points out how intolerance and hate destroyed Richard Nixon as the Times allows and promotes hate in its war against the current President.) There’s an essay about…white nationalism! A Times reporter has written a book that pronounces the United States as “DOOMED!” And here’s Andrew Sullivan extolling an American revisionism exercise while referring to the current “spasm” of authoritarianism, and Doris Kearns, my old presidential power prof in college, with a new book about her faves, Lincoln, Teddy, FDR, and LBJ. These were great leaders.

The definition: Authoritarianism is when a President you don’t like exerts strong leadership within his powers to accomplish policy goals you disagree with. When a President you do like stretches and exceeds his Constitutional powers to achieve policy goals you approve of, that’s not authoritarianism. That’s great leadership.

As an aside, Andrew Sullivan tells us in his review that “the 2008 Heller decision rejecting a D.C. handgun ban is quite obviously bonkers.” All righty then! I guess that settles it!

2.  Speaking of Bonkers: Emmys Ethics. Michael Che appeared in a pretaped bit in which he handed out “reparation Emmys” to  black performers who supposedly were overlooked by the voting academy. These included Jaleel White (Urkel  on“Family Matters”), Marla Gibbs (nominated five times for her role as Florence on “The Jeffersons”), Tichina Arnold (“Martin,” “Everybody Hates Chris”) and Kadeem Hardison (“A Different World”).
Continue reading →

Morning Ethics Warm-Up, 9/14/18: A Newly Christened Ethics Train Wreck!

/ Jack Marshall / 73 Comments

Good Morn…ARRRGH!!!

1. As predicted…The wounded Ethics Alarms commenter who sued me for defamation is appealing the Massachusetts judge’s ruling granting my motion to dismiss for failure to state a cause of action. His main objective, I assume, is just to waste as much of my time and money as possible. Apparently he either has posted or will post the entire transcript of the hearing and a recording of the proceedings on his website.

2. It’s official! The Bret Kavanaugh confirmation is officially and ethics train wreck. It was already a national embarrassment. Putting it over the top and on the metaphorical rails was the truly nauseating smear attempted by Senator Diane Feinstein (D-Cal). Here is her statement:

“I have received information from an individual concerning the nomination of Brett Kavanaugh to the Supreme Court. That individual strongly requested confidentiality, declined to come forward or press the matter further, and I have honored that decision. I have, however, referred the matter to federal investigative authorities.”

This is pure innuendo with no content whatsoever, and thus dirty politics, indeed McCarthyite politics. But wait! There’s more! From the Intercept:

It purportedly describes an incident that was relayed to someone affiliated with Stanford University, who authored the letter and sent it to Rep. Anna Eshoo, a Democrat who represents the area. Different sources provided different accounts of the contents of the letter, and some of the sources said they themselves had heard different versions, but the one consistent theme was that it describes an incident involving Kavanaugh and a woman while they were in high school.

I’m sorry if heads are exploding, but I’m especially concerned about those who will try to rationalize what Feinstein, and the Democrats, are doing in their desperation to defeat the nomination of a completely qualified Supreme Court candidate. A second, third or fourth-hand hearsay account from an anonymous source alleging  some kind of possibly sexual misconduct (by 2018 #MeToo rules, I’m sure) was passed along to Feinstein, who announced that she was referring it to the Justice Department, and the alleged conduct of an undefined nature occurred when Kavanaugh was a high school student. Continue reading →

Morning Ethics Warm-Up, 9/11/18: As They Read The Names Of The Twin Towers Bombing…

/ Jack Marshall / 62 Comments

Sad morning….

1. Serena ethics updates An indignant Facebook friend appeals to authority by telling me that  Chris Evert and Billie Jean King are defending Williams, and that they know more about professional tennis than I do. That’s a classic appeal to authority, and a very lame one. What a surprise that female tennis superstars have each others’ back! Chris and Billie Jean sure aren’t ethicists. I’d love to interview them. “So you believe that coaching from the stands, even though forbidden by the rules, should be allowed? Do you think that an unknown player who behaved like Serena did would have been treated any differently? Do you think that anyone would be supporting her if she were penalized? Since the record shows that Ramos does not treat men any differently than he treats women on the court, doesn’t Serena owe him an apology? Can you comprehend why calling a ref, whose reputtaion depends on being regarded as fair and unbiased, a “thief” is worse that calling him a “four-letter word”?

I can play the biased expert witness game too: here’s Martina Navratilova’s op ed, which is comparatively ethically astute and tracks with my post in many respects.

The polls about Mark Knight’s “racist and sexist” cartoon has these results:

85% side with Knight. I’d love to hear the explanation of the one voter who said the cartoon was sexist but not racist.

The reason I made the issue an ethics quiz is because I’m really torn in the issue. Yes, cartoons of blacks employing exaggerated features naturally evoke Jim Crow and minstrel show racist images. But political cartoons exaggerate features, often in unflattering ways. That’s the art form. Does this mean that blacks are immune from ever being portrayed cruelly in a political cartoon? I think that’s what the anti-Knight contingent is arguing.

My view is that double standards are destructive and unethical. By the by, were Jimmy Carter’s lips that big?

Continue reading →

Apology Of The Year (So Far): Patterico

/ Jack Marshall / 14 Comments

I’m not a fan of the blog Patterico’s Pontifications for a lot of reasons, beginning with the fact that he doesn’t supply his real name. He appears to be a generally conservative blogger whose assessment of mainstream media bias comports with my own. He also has been a vocal Never Trumper, and since November of 2016, that way madness lies, as we can see from some of the hysterical commentary from the likes of Bill Kristol, George Will, Jennifer Rubin and others. Patterico’s brain jumped the shark with his ratification of the absurd Angry Left and “resistance” conspiracy theory that a former aide to Judge Kavanaugh, Zina Bush, was flashing a white supremacy signal behind him during the first day of the Senate hearings on Kavanaugh’s nomination to the Supreme Court. I wrote about it here; the controversy was beyond stupid, and in my opinion, so stupid that I did not feel it was worthy of a stand-alone post. I considered checking my Facebook friends’ posts to see how many of them were swallowing this idiocy, but chickened out.

The furious anti-Trump warriors become even more infuriated when you call them deranged, but the Zina Bush uproar is an excellent example of why it is not only fair to do so, but essential. They need to know. There is no reasonable justification for assuming or concluding that Zina Bush. or Brett Kavanaugh, or Donald Trump are white supremacists any more than there is justification for assuming or concluding that they are cocker spaniels or invaders from the Planet Zontar. If you think any of these people are really white supremacists with a white supremacy agenda, then you have slipped a cog somewhere, and need help.

I think what has happened to such sufferers is that they heard too many repetitions of certain dishonest and divisive parts of the Democratic party’s disinformation campaign to seed their coup, and at some point began to believe them, The white supremacy delusion seems to arise from the repeated smear, a standard one since Trump entered the Presidential race in 2015 by a frontal assault on the nation’s policy of encouraging and romanticizing illegal immigration, that opposing illegal immigration was the same as opposing immigration itself—hence xenophobia, hence “nativism,” hence racism, hence “white supremacy.” In fact, nothing in Donald Trump’s vast history of dubious conduct and ill-considered statements suggest a white supremicist agenda or beliefs in any way. Continue reading →