2016 Post Election Ethics Train Wreck

Morning Ethics Warm-Up, 7/27/18: Welcome Nausea, Disillusionment, Guilt, And Apathy…

/ Jack Marshall / 26 Comments

Well, it’s morning.

1. Nausea. This is a real headline from this morning’s New York Times:

Truce on Trade Follows Route Obama Paved; Trump Claims Victory in Crisis He Started

Gee, the Times morphed into Media Matters so slowly that I hadn’t noticed!* In fact I had noticed, but that headline is a virtual declaration that the Times is now a fully committed partisan organ of the Democratic Party, and is no longer even pretending to be practicing ethical or objective journalism. Not only does the headline represent opinion rather than reporting, the Times was so desperate to color the story of the European Union tentatively reaching a new trade agreement with the U.S. that it felt it had to project its bias before anyone could read the story.

*With a nod to blogger Glenn Reynolds, who uses this as a regular jibe

2. Disillusionment. Netflix has finally concluded “The Staircase,” the now 13 episode documentary following the bizarre case of novelist Michael Peterson, who was convicted of murdering his wife Kathleen in 2001. Directed by French filmmaker Jean-Xavier de Lestrade, the first eight episodes aired on the Sundance Channel in 2005 and were an immediate sensation. It would be unethical to spoil the story or the documentary for you if you haven’t seen it, but a couple of spoilers lie ahead.

Anyone who continues to argue that it is ridiculous and “treasonous” for anyone to challenge the competence, objectivity, motives and trustworthiness of law enforcement, including the FBI, and prosecutors after watching this horror show has astounding powers of selective outrage.

The series also made me want to throw heavy objects at the TV screen as a result of the lazy, passive, indefensible conduct of the prosecutors and the North Carolina judge, who resided over every iteration of the case for 15 years. Since there was no way a rational jury could find Peterson guilty beyond a reasonable doubt based on the evidence, ethical prosecutors would never have charged and tried Peterson. (A jury finding a defendant guilty on inadequate evidence doesn’t necessarily mean that the case was a just one.) It is especially infuriating for the viewer (so imagine what Peterson thinks) to hear the judge today blandly concede that two controversial pieces of evidence he allowed into the trial were, upon reflection,  unjustly prejudicial, and that he believes that there was ample reasonable doubt for the jury to acquit. Then he tries to make the argument that the “system works” based on a mess of a case and an investigation that still hasn’t explained how Kathleen Peterson died.

It does explain, however, why so many Americans don’t trust the justice system or the alleged professionals who run it. Continue reading →

Sunday Evening Ethics Debriefing, 7/22/18: FISA, “Resistance” Jerks, Translator Ethics And More Problems With CVS

/ Jack Marshall / 38 Comments

Good evening!

1.  Confirmation bias test? The big news today was that the  U.S. Department of Justice and FBI have released the 412 page FISA application used to gain a Title I surveillance warrant against Carter Page in 2016 while he was working as a low-level unpaid adviser for the Trump campaign. The document is heavily redacted in its more than 400 pages. Carter Page himself—he was never charged or interviewed , which seems rather damning in itself–said today,

“‘You talk about misleading the courts, it’s just so misleading… It’s literally a complete joke.'”

The full pdf is available here.

Once again, it is impossible to tell what is going on by following the news media’s reports. It sure seems, however that once you block out the spinning by the mainstream media, this post regarding Devon Nunes’ much attacked memo on the topic was verified.  Still, I have a low rate of patience for these things, and am not the best interpreter of documents like this, so I am only relying on second hand opinions by others who have plowed through the damn thing. I’ll wait to get some reliable readings.

It seems like the critics of the Mueller investigation and the conduct of Justice and the FBI feel confident that the materials show that indeed the warrants were acquired deceptively, meaning illegally, with the unsubstantiated Steele dossier being the crux of the justification for the warrants, also considering the fact that the Clinton campaign was behind the dossier was never revealed to the judges. [Here’s a recent example of the spin being applied to that argument. The judges were told that the dossier was paid for by a person with political motives, and the claim is that this was enough, that they could figure out that it was a tool of the Clinton campaign. I’ve never understood this argument. Why weren’t the judges informed directly, then? ] Ann Althouse commenter named Yancy Ward wrote, Continue reading →

Late Verdict On The Helsinki Press Conference Freak-Out: I’m Convinced. It’s Just More Unethical, Double-Standard, Anti-Trump, “Resistance” And News Media Coup-Fodder, Only Noisier And Dumber Than Usual

/ Jack Marshall / 75 Comments

I don’t appeal to authority very often.

What I do occasionally do is look for someone with judgment, experience and honesty I trust whose assessment of a particular situation jibes with my ethical analysis at times when I have begun to judge my own sanity. When I started reading people writing, in horror-stricken tones,”Can you believe what Trump said at that joint press conference?,” which I initially missed because these events are always stagey, insincere, all-puffery affairs, I assumed that President Trump finally done something really over-the-top this time, like spitting at CNN reporter, or singing “The Volga Boatman” to irritate Putin. When I read what he in fact did say, and saw the videos, my brain literally couldn’t reconcile it with the hysterical claims that it was “treasonous,” or like “Pearl Harbor,” or “Kristallnacht” or warranted impeachment (Plan N). It didn’t compute, as the robot in “Lost in Space” used to say.

I know I don’t often seem like it, but I have my doubts sometimes. I write as if I am certain I am right, because that’s my style, but often within me there meet a combination of antithetical elements which are at eternal war with one another. Driven hither by objective influences — thither by subjective emotions — wafted one moment into blazing day, by mocking hope — plunged the next into the Cimmerian darkness of tangible despair, I am but a living ganglion of irreconcilable antagonisms. All right, that was from my favorite exchange in “H.M.S. Pinafore,” but I’m not completely facetious. When I read almost every one of hundreds of Facebook friends writing, to universal agreement from their echo ch..freinds, that an extemporaneous statement in a Finnish press conference proves that Putin “has something” on the President, I begin to think, since I don’t see it at all, that the problem must be me. I am so thoroughly sick and disgusted at the relentless unethical and unprecedented efforts to interfere with this President, and his efforts to do the job he was elected to do, by Democrats, progressives, “the resistance” NeverTrumpers and the news media, that maybe my indignation against their dangerous, democratic institution-eroding vengeance because this odd and offensive man shattered the dreams of the Obama Worshipers and the Clinton Conned, had finally metastasized into bias, and made me impervious to something that should have me, for once, agreeing with them. For bias makes us all stupid, you know.

That is why I was so relieved to read this, the transcript of the comments of NYU Russia expert Stephen F. Cohen, a contributing editor at “The Nation,” the most extreme leftist magazine of national prominence in the country. He is clearly NOT being driven by bias, but his analysis was exactly the same as mine:

“The reaction by most of the media, by the Democrats, by the anti-Trump people is like mob violence. I’ve never seen anything like it in my life. This is the president of the United States, doing what every president… since FDR in 1943 with Stalin, meeting with the head of the Kremlin. And every president since Eisenhower, a Republican by the way, has met with the leader of the Kremlin for one existential purpose: To avoid war between the two nuclear superpowers. Today, in my considered, scholarly, long-time judgment, relations between the U.S. and Russia are more dangerous than they have ever — let me repeat, ever — been, including the Cuban missile crisis. I want my president to do — I didn’t vote for this president– but I want my president to do what every other president has done. Sit with the head of the other nuclear superpower and walk back the conflicts that could lead to war, whether they be in Syria, Ukraine, in the Baltic nations, in these accusations of cyber attacks. Every president has been encouraged to do that an applauded by both parties. Not Trump. Look what they did to him today. They had a kangaroo court. They found him guilty. And then you had the former head of the U.S. CIA, who himself ought to be put under oath and asked about his role in inventing Russiagate, calling the President of the United States treasonous. What have we come to in this country? And what is going to happen in the future?”

Whew! What a relief: I thought I was going crazy. Like Cohen, except not close to matching his scholarly efforts, I know quite a bit about how past Presidents treated Russian leaders in their various summits, meetings and diplomatic encounters. Only Trump was expected to insult the Russian leader to his face. Only Trump was asked an outrageous question inviting him to insult a Russian leader to his face. (The reporter should have been ejected from the conference.) President Trump was not only criticized for behaving as every other President has and should have behaved, but was excoriated for doing so.

I wish, of course, that the President’s rhetorical skills were not so blunt and confounding, so he could defend his own conduct without resorting to “fake new!” retorts. I wish he had the nuance and sense to simply dodge such a disruptive and irresponsible question without walking into a true “when did you stop beating your wife” question that made him choose between undermining U.S. intelligence or undermining the whole reason he was at the summit in the first place. I wish that the President was not so much like Donald Trump, in other words, but unlike Anderson Cooper, George Will, Chuck Schumer, John McCain and my hysterical Facebook Friends, I regard constantly becoming more and more irrational over something that happened 19 months ago  to be civic incompetence. Continue reading →

Morning Ethics Warm-Up, 7/18/18: The Persecution Of Josh Hader And Impeachment Plan N [UPDATED]

/ Jack Marshall / 60 Comments

Good Morning!

It’s 4:40 am. I can’t get to sleep because I’m nauseous and my stomach’s upset, probably because of Fox’s miserable coverage of the baseball All-Star game as if it was a slow day on the boardwalk. At points when the game would normally be suspenseful, the awful Joe Buck was having inane conversations about facial hair and other trivia with players in the field. Such utter disrespect for the sport it was covering in what is supposed to be a showcase!

1. Speaking of the All-Star game...Milwaukee Brewers reliever Josh Hader,  who has been a break-out relief pitching star this season, gave up four hits and a three-run homer, his worst performance of the year, on his biggest stage to date, the All-Star game in Washington, D.C. That was the least of his rotten day, however. Earlier in the evening, some  sleuth dived into Hader’s Twitter history and found some high school tweets with racist, anti-gay and sexist words and sentiments in them. The dirt was slurped up by reporters while the game was going on, and they confronted Hader immediately after the game, which Hader’s team, the National League All-Stars, lost by two runs, or one less than he had given up.

To his credit, Hader didn’t deny that he had written the tweets. “No excuses. I was dumb and stupid,”he said. He was 17-year-old when he published them.

Let’s say that again: he was 17. This shouldn’t be news, and it shouldn’t have been reported. Yet some are speculating that Major League Baseball will fine or otherwise punish Hader, and worse, that they should. If they try, I hope the players’ union makes them sorry. Hader was legally a minor; he hadn’t been drafted by a MLB team yet when those tweets were made, and  MLB didn’t even have a social media policy then. If Hader is punished, it will be one more example of craven organizational misconduct and abuse in response to, or fear of, the speech police and the political correctness mob.

2. Per se negligent homicide. In another situation in which I reject the “he’s been punished enough” defense, six-year-old Makayla S. Bowling  was shot in the head and killed by her father last week when his gun accidentally discharged while he was cleaning it. He didn’t know the gun was loaded. He did know his daughter was within shooting range, however. The authorities won’t prosecute unless they find evidence of foul play, but there is already sufficient evidence of fatal negligence. He should be charged with manslaughter.

3. Plan N! Some Democrats and journalists who have real jobs and don’t live in a padded room really are saying in public that Donald Trump should be impeached for what he said in a press conference in Helsinki. Astounding. Astounding, and unethical, because a lot of Americans—you know, like the ones on Facebook who are passing around a meme showing Obama with the legend “Share if he’s your favorite President!” (Why not just a label that says “I have never read an American history book”?)—are so ignorant about law, politics, diplomacy, and just about everything else, that they can be convinced by ravings.

If you are keeping track, and it is hard, be sure to add Plan N (Calling comments at a press conference treason) to the list of “resistance” impeachment and removal plots. Oh, heck, I need to update the list anyway: Continue reading →

Morning Ethics Warm-Up, 7/9/2018: Searching For Something Positive In The Ethics News, Failing

/ Jack Marshall / 24 Comments

Good morning.

1. Is it unethical to never be satisfied, or just human? Or just American? The Boston Red Sox are winning too much, and I don’t recognize my team.  Over the weekend, literally for the first time in my life, I found myself feeling sorry for an opposing team and its fans. The poor Kansas City Royals (who are, I know, in the process of tanking) looked hopeless as the Red Sox swept a three game series. KC, not long ago a World Series champion, looks like it will lose 105 games or more. My team has always been the underdog. I don’t want to root for crypto-Yankees.

2. Yeah, I wish the President would just announce his SCOTUS pick and not make it into a circus.

3. Another Ethics Alarms Lost Post…A Carolyn Hax advice column from March missed  getting the post I intended at the time, and I just stumbled across the old file. A woman who had planned a huge wedding was jilted by her fiance shortly before the big date, as he ran off with an old flame. She asked Carolyn if she was wrong to be angry at invited friends and relatives who wanted her to reimburse them for non-refundable airline tickets, and to never want to have any contact with them again. Hax said that such people don’t deserve anything better, and ought to be written off in perpetuity.

That was an easy call for the relationship columnist, but I found  myself reflecting on other matters, like whether I have any friends and relatives who could be expected to behave that atrociously, venally and compassionlessly (relatives yes, friends, no, I think). Another question: what’s the matter with people, and how do they get this way? Someone you care about is slammed with a life catastrophe, and your first reaction is to demand that she pay for your inconvenience?

4. Yes, “enemy of the people” is accurate…From Glenn Greenwald (via Althouse): Continue reading →

Morning Ethics Warm-Up, 6/29/2018: Reflections On Hubris And Chaos

/ Jack Marshall / 57 Comments

Good Morning!

 I’ve been feeling sorry for my Democratic and progressive friends ( less so for their ideological allies in government and the news media) who are obviously upset and angry about how matters have proceeded, spinning horribly out of control from their perspective, since November 8, 2016. I hate to see friends in pain, even if they react to it by lashing out against me—well, maybe especially if they lash out against me—and I think I could help them understand why this happened if they were willing to listen, which they are not.

Most of all, their fate is due to hubris of a Euripidean scale, or perhaps Icarus (above) is the better comp. A truly democratic public understands and accepts–must understand and accept— that their side won’t always prevail , and that democracies are like a roller coaster on the way to someplace arguably better over time, based on common principles all of its citizens understand and embrace. Democracies are based on trust in the essential good will of neighbors, and also respect for adversaries, an ethical principle that has great pragmatic benefits as well: eventually, you will be on the bottom looking up, and if you didn’t plant your boot on the faces of those above you now, you are less likely to be tasting leather on a regular basis.

Despite historical lessons such as the nation swinging from Johnson to Nixon and Carter to Reagan, Democrats began to believe their own hype that they were on “the right side of history” in all things, and that the election of Barack Obama guaranteed a constantly ratcheting process towards the transformation of the United States into a socialist, European-style culture. Obama’s smug, superior character catalyzed this fatal error, and the device (which he permitted, if not encouraged)of automatically condemning his critics as racists became a mindset: anyone who disagreed with progressives were racists, sexists, bigots, and otherwise villainous. (You can see this attitude in the recent article in Splinter, a left-wing site, that refers to all of the jurists on the Federalist Society’s Supreme Court candidate’s list as “monsters.” )

This persistent contempt for the humanity of one’s political opponents in a nation is the stuff that totalitarian regimes are made of, and the Democrats, without (perhaps) even realizing it, were well on their way. Adding to their cockiness was the complete abandonment of objectivity by the mainstream media, which during the Obama administration devolved into an uncritical cheering section. Nobody was going to call them racists! Continue reading →

Morning Ethics Warm-Up, 6/28/2018: The Post-Kennedy Retirement Announcement Freak-Out

/ Jack Marshall / 78 Comments

Good Morning!

1. How prescient of me to headline yesterday’s warm-up “Deranged” before Justice Kennedy announced his retirement and the progressive/Democratic/ mainstream media/social media freakout commenced!

2. Duh. Since nobody seems to be writing about how perfectly this proves the Trump-inflicted brain damage on the Left, allow me:

  • Justice Kennedy is 81. As my dad used to say when he entered his 8th decade, he’s in the red zone, and can drop dead at any second. Did Democrats really assume he would keep working forever?

Their shock at this is ridiculous and unbelievable. WHAT? An 81-year-old judge is retiring?

  • This is a wonderful example of how people assume that everyone else thinks as they do. The Trump-Deranged have reached the point where they would saw their pets in half to undermine the President, so they assume that Kennedy feels the same way.

There is no evidence that he does, in part because, unlike Ruth Bader Ginsberg, who has periodically trumpeted her contempt for the President, he has been judicially discrete and professional.

  • It is per se irresponsible for an 81-year-old in a challenging job with national impact not to step down before he or she becomes incompetent, or drops dead. Scalia was irresponsible not to retire. Ginsberg should retire (she is 84). Breyer is two months short of 80: he should retire.

Outside of judges, we have multiple members of Congress, notably Pelosi and John McCain, who are being unethical by not stepping aside.

  • The bottom line is that nobody should be freaking out, because everyone should have been prepared for it.

3. We get it! You are vicious, juvenile, angry, rigis and irrational people. The Daily News nicely sums up the calm, analytical, reasoned reaction by the Left:

Continue reading →

The SCOTUS Ruling In Trump v. Hawaii [UPDATED]

/ Jack Marshall / 30 Comments

The Supreme Court properly and ethically  killed the burgeoning liberal judicial theory that different Presidents have different restrictions on how they can exercise established Presidential powers. The majority in in the just announced decision in Trump v. Hawaii conclusively struck down a Hawaii judge’s ruling that Trump’s hostile comments about Muslims on the campaign trail rendered his travel restrictions unconstitutional, while a similar measure ordered by a nice President for the right intuited reasons would be presumably acceptable. This seemingly partisan ruling required substituting mind-reading for the President’s stated reasons for the Executive Order, and would have established a terrible precedent in a number of areas.

Sadly, this was another 5-4 ruling where the Court seemed to divide along ideological lines. However, since it seems clear that the five conservatives would have ruled the same way no matter which party’s President had issued the order, while the liberal bloc was indulging “the resistance” with a “Trump is special” approach, only one side of the political divide appears to have left integrity and and objectivity in their spare robes. Many, many commentators around the web have noted that this should have been a 9-0 decision, and that the political bias of the Hawaii decision was flagrant from the start. I agree. The President’s authority in this area is clear and unambiguous.

Writing for the majority, Chief Justice John Roberts wrote that the government “has set forth a sufficient national security justification” for its action. “We express no view on the soundness of the policy,” Roberts added.

More, from the holding: Continue reading →

Morning Ethics Warm-Up, 6/25/2018: Thuggery, Double Standards And Hypocrisy…Actually, I Could Use This Title EVERY Morning

/ Jack Marshall / 48 Comments

Good morn..oh, who am I kidding? It’s a crap morning…

[The Warm-Up is going to be uncharacteristically short. (UPDATE: Well, not that short, as it turned out…) Between my hotel check-out and my arrival home, I spent 11 hours in lines, crowded airports, an airplane, listening to violent thunderstorms and trying to get online with the wi-fi going in and out, not to mention the usual excessive intake of junk y food purchased at exorbitant prices. On top of that, I’m really ticked off, behind the 8-ball in too many projects to mention, out of food, and can’t figure out how to release the emergency brake on the only functioning car we have, my son’s Mercedes.]

1. Another Republican Trump ally abused. The new “resistance” tactic continues to escalate… From the Tampa Bay Times…

“A group of protesters accosted Florida Attorney General Pam Bondi outside the screening of the new documentary about Mister Rogers at the Tampa Theatre on Friday night, questioning her about her recent actions on health care policy and her stance on immigration.

A video of the confrontation, taken by progressive activist Timothy Heberlein of Organize Florida, shows several people shouting down Bondi as she leaves the theater escorted by law enforcement after seeing Won’t You Be My Neighbor….”

Comments:

  • Again, there is an ethical obligation for principled Americans to confront these fascists—meaning the protesters. Every citizen has the right to go to a movie, eat out, or walk their his or her dog in the park without being abused and harassed. Stand up for that right (see: The Declaration of Independence) , or lose it. Bondi should have been rescued on the spot before authorities had to be called.
  • You can check Ethics Alarms by searching for “Pam Bondi.” I am not a fan; indeed, she is an outrageously unethical prosecutor. But the way to address that is through appropriate regulatory bodies, not through the acts of vigilante thugs outside a movie theater.
  • “What would Mister Rogers think about you and your legacy in Florida? Taking away health insurance from people with pre-existing conditions, Pam Bondi!” Maria José Chapa, a labor organizer, can be heard yelling to Bondi in the video. “Shame on you!” Who cares what Mister Rogers “would” think, if he weren’t, you know, DEAD? A. Nobody knows what he would think. B. “What would Jesus think?” is idiotic enough, but Mr. Rogers? This wasn’t only unethical harassment, it was incompetent harassment.

2. Tales of the double standard… From Mediate: Continue reading →

Contender For Unethical Quote Of The Decade: Rep. Maxine Waters (D., CAL)

/ Jack Marshall / 94 Comments

“If you see anybody from that Cabinet in a restaurant, in a department store, at a gasoline station, you get out and you create a crowd and you push back on them, and you tell them they’re not welcome anymore, anywhere.”

—Maxine Waters, race-biting fool extraordinaire and, astoundingly, a member of Congress, endorsing the Red Hen restaurant’s denial of Sarah Huckabee’s right to enjoy a public accommodation with her family, and encouraging more of the same.

“Creating  crowd”  to harass someone who is doing no harm is called “inciting a riot.” If I see anyone trying to “create a crowd” to tell a citizen that he or she is not welcome, I’m calling the police. In the alternative, I’ll “create a crowd” of fair and decent Americans to make the point that bullies and bigots aren’t welcome in a civilized society. Fortunately most rational people realize that Waters is a vicious idiot, but the Democrats have an obligation to make her cool it.

She is going to get someone killed, and those who tolerate and enable her will be complicit.