2020 Election Ethics Train Wreck

Morning Ethics Warm-Up, 12/7/2020: The Day That Will Live In Infamy

/ Jack Marshall / 80 Comments

Pearl Harbor

Today, of course, is the anniversary of the Japanese sneak attack on Pearl Harbor on December 7, 1941.

At 7:55 a.m Hawaii time, a Japanese dive bomber emerged out of the clouds above the island of Oahu. 360 Japanese warplanes followed in a devastating attack on the unsuspecting U.S. naval base at Pearl Harbor. The U.S. Pacific fleet was nearly obliterated: Five of eight battleships, three destroyers, and seven other ships were sunk or severely damaged; more than 200 aircraft were destroyed; 2,400 Americans were killed and 1,200 were wounded. Japan lost just 30 planes and fewer than 100 men. By the sheerest luck, all three Pacific fleet aircraft carriers were out of the harbor and at sea on training maneuvers, allowing the U.S. to use them to turn the tide of the Pacific war against Japan at the Battle of Midway six months later.

I always felt connected to the tragedy at Pearl Harbor through my father. At the dedication of the World War II Memorial in Washington, D.C., Dad introduced me to a veteran who had survived the attack, and just shaking his hand was a moving experience I shall never forget.

1. I’m glad I’m not a South Korean ethicist, because this would make my head explode. More than 200,000 young men each year​ have to interrupt their studies or careers in South Korea to join the military, for mandatory conscription is seen as crucial to the country’s vigilant defense against North Korea. Men must enlist for about 20 months once they turn 28. Last week, however, pop star Kim Seok-jin, the oldest member of the global K-pop phenomenon​ BTS​, turned 28 knowing that he could keep on singing, recording, touring and making money: South Korea’s Parliament passed an exception to the country’s Military Service Act​ to allow top K-pop stars like Mr. Kim postpone their ​military ​service until they turn 30.

There’s just no excuse for this classic “laws are for the little people” move, only rationalizations. “It’s a sacred duty to defend our country, but that doesn’t mean that everyone has to carry a weapon,” Noh Woong-rae, a senior lawmaker in the governing​ Democratic Party, ​said in a fatuous statement supporting the special treatment. The bill to craft pop stardom exception the Military Service Act was first introduced in September, after BTS became the first South Korean group ever to top the United States Billboard Hot 100 singles chart with its song “Dynomite.”

Here is the song that helps defend South Korea:

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

/ Jack Marshall / 21 Comments

hysteria

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

/ Jack Marshall / 25 Comments

insider_trading_ban

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…

/ Jack Marshall / 18 Comments

hand-with-burning-matchstick-

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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Ethics Dunces: Apparently 30% Of Democratic Voters

/ Jack Marshall / 43 Comments

Rasmussen Tweet

We must begin with the fact that polls of all kinds have the approximate credibility of palm readers. Rasmussen, however (and Gallup) disgraced itself rather less than its competitors in measuring the election trends before November. The verdict of Ethics Dunces would still hold if the percentage was 20%, 10% or 100%, however. The polling results above were published on November 20; maybe fewer people are convinced now that the election was stolen, since the various challenges filed in court have been failing. The statistics above still prompt these observations:

1. If Democrats think that their party steals elections, making it a threat to Democracy, why do those Democrats continue to identify with a party that cheats? The only explanation can be that they do not support Democracy, and believe that their will should be imposed on their fellow citizens by illegal means, They are totalitarians by philosophy and nature.

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Comment Of The Day: “Sunday Ethics Insomnia, 11/29/2020: No Wonder I Can’t Sleep!” (Item #2)

/ Jack Marshall / 10 Comments

Item #2 in this morning’s potpourri was…

2. “Hello, Newman…” According to the Postal Service’s own records, more than 150,000 mail-in ballots were not delivered in time for them to be counted on election day. This is, of course, as I and anyone else who was paying attention expected and predicted, because the USPS is undependable I am surprised that the number was that low.

The US Postal Service is a glaring mass of unethical bureaucracy—incompetent, archaic, irresponsible. Made mostly superfluous by email and private delivery services, it continues to waste taxpayer money while not even doing a good job at what’s left of its original function. The USPS, like lesser boondoggles like NPR and PBS, are kept alive by official laziness and cowardice, plus an unwillingness to solve a problem when that problem has vocal allies. Putting the integrity of a national election in the hands of such an organization was so illogical that it naturally created, and creates, the belief by many that it was a deliberate attempt to create chaos resulting in enough smoke and fog to cover up deliberate mischief.

There, I’m glad that’s off my chest.

Steve Witherspoon’s Comment of the Day begins with the quote above. Here it is, sparked by Item #2 of the post, Sunday Ethics Insomnia, 11/29/2020: No Wonder I Can’t Sleep!:

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Sunday Ethics Insomnia, 11/29/2020: No Wonder I Can’t Sleep!

/ Jack Marshall / 15 Comments

1. I hate 99.9% of the petitions offered at Change.org. but I’m signing this one . It reads,

Professor Dorian Abbot, a tenured faculty member in the Department of Geophysical Sciences at the University of Chicago, has recently come under attack from students and postdocs for a series of videos he posted to YouTube expressing his reservations about the way Diversity, Equity, and Inclusion (DEI) efforts have been discussed and implemented on campus.
In these videos Prof. Abbot raised several misgivings about DEI efforts and expressed concern that a climate of fear is “making it extremely difficult for people with dissenting viewpoints to voice their opinions.” The slides for each of Prof. Abbot’s videos can be found here, and his own account of events and his opinions can be found here. Nowhere in these materials does Prof. Abbot offer any opinion that a reasonable observer would consider to be hateful or otherwise offensive.

Shortly after uploading the videos, Abbot’s concerns were confirmed when 58 students and postdocs of the Department of Geophysical Sciences, and 71 other graduate students and postdocs from other University of Chicago departments, posted a letter containing the claim that Prof. Abbot’s opinions “threaten the safety and belonging of all underrepresented groups within the [Geophysical Sciences] department” and “represent an aggressive act” towards research and teaching communities.

[Pointer: Pennagain]

2. “Hello, Newman...” According to the Postal Service’s own records, more than 150,000 mail-in ballots were not delivered in time for them to be counted on election day. This is, of course, as I and anyone else who was paying attention expected and predicted, because the USPS is undependable

I am surprised that the number was that low.

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2020 Election Ethics Train Wreck Update: Ethics Zugzwang In Pennsylvania

/ Jack Marshall / 16 Comments

pennsylvania-scaled

[Let me begin by apologizing for being so inconsistent in my spelling of zugzwang (or zugswang). Both are acceptable, but I should pick one, and I’m picking zugzswang, because it will score more points in Scrabble. I will eventually go back and change the many “zugswangs” in previous posts.]

Oh-oh.

A Pennsylvania state court judge yesterday issued a preliminary injunction preventing Pennsylvania from taking any further steps to certify the election, including the assignment of 20 electoral votes to Joe Biden,pending further court hearings and rulings. The ruling upholds an injunction from earlier in the week.

The opinion is here. The issue is whether legislative expansion of absentee balloting to universal mail-in balloting violated the Pennsylvania Constitution. (It sure looks like it to me.) The petitioners seek to preclude the Secretary of State from transmitting the certification or otherwise perfecting the electoral college selections.

Here is the judge’s description of the claim:

In the Petition, Petitioners allege that the Act of October 31, 2019, P.L. 552, No. 77 (Act 77), which added and amended various absentee and mail-in voting provisions in the Pennsylvania Election Code (Election Code),1 is unconstitutional and void ab initio because it purportedly contravenes the requirements of the Pennsylvania Constitution. Petitioners allege that Article VII, section 14 of the Pennsylvania Constitution provides two exclusive mechanisms by which a qualified elector may cast his or her vote in an election: (1) by submitting his or her vote in propria persona at the polling place on election day; and (2) by submitting an absentee ballot, but only if the qualified voter satisfies the conditions precedent to meet the requirements of one of the four, limited exclusive circumstances under which absentee voting is authorized under the Pennsylvania constitution. (Petition, ¶16.) Petitioners allege that mail-in voting in the form implemented through Act 77 is an attempt by the legislature to fundamentally overhaul the Pennsylvania voting system and permit universal, no-excuse, mail-in voting absent any constitutional authority. Id., ¶17. Petitioners argue that in order to amend the Constitution, mandatory procedural requirements must be strictly followed. Specifically, pursuant to Article XI, Section 1, a proposed constitutional amendment must be approved by a majority vote of the members of both the Pennsylvania House of Representatives and Senate in two consecutive legislative sessions, then the proposed amendment must be published for three months ahead of the next general election in two newspapers in each county, and finally it must be submitted to the qualified electors as a ballot question in the next general election and approved by a majority of those voting on the amendment. According to Petitioners, the legislature did not follow the necessary procedures for amending the Constitution before enacting Act 77 which created a new category of mail-in voting; therefore, the mail-in ballot scheme under Act 77 is unconstitutional on its face and must be struck down. Id., ¶¶27, 35-37. As relief, Petitioners seek, inter alia, a declaration and/or injunction that prohibits Respondents from certifying the November 2020 General Election results, which include mail-in ballots that are permitted on a statewide basis and are allegedlyimproper because Act 77 is unconstitutional.

The Judge found that the plaintiffs were likely to prevail on their state constitutional claims…

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2020 Election Ethics Train Wreck Update: Well THIS Doesn’t Bode Well…

/ Jack Marshall / 17 Comments

spelling problem

That’s the embarrassing first sheet of the more than 100 page lawsuit filed by lawyer Sidney Powell asking that 96,000 ballots (“at minimum”) in Georgia be disqualified. This is apparently the attack on the Georgia election that Powell referred to as releasing “the Kraken.”

Nobody seems to feel it’s necessary to explain that “Release the Kraken” is a reference to the semi-cheesy Ray Harryhousen stop-action film “Clash of the Titans,” which starred “LA Law’s” Harry Hamlin as Perseus, the Greek mythological hero. In the movie (though not in mythology), Perseus defeats the monstrous Kraken, which is released by the bad guys to kill him and Andromeda (it’s complicated). For some reason Perseus, in addition to carrying around Medusa’s head (which turns the Kraken to stone), rides the winged horse Pegasus. Pegasus was the transportation of a different Greek myth hero, Bellerophon. Neither Bellerophon nor Perseus had anything to do with the Kraken, which is not even a Greek myth monster. It’s Scandinavian, and is basically a giant squid.

Observations:

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Ethics Proposition: Justice Barrett Should Immediately Recuse Herself From Any Future SCOTUS Decisions Relating to the 2020 Presidential Election

/ Jack Marshall / 70 Comments

Barrett Trump

I will stipulate that the newest Supreme Court Justice does not have to recuse, and that even the judicial ethics rules applying to other Federal judges (no judicial ethics rules are controlling for Supreme Court justices) would not require recusal in Justice Barrett’s circumstances.

I will also concede that the arguments that she should not recuse are significant and important:

1. Were she to recuse, it would be interpreted by many as an acknowledgment that her Senate critics and others were correct to suspect that she was nominated to assist the President if necessary in any Supreme Court challenges to the election results.

2. Her recusal would suggest a precedent holding that a Justice being nominated by a President creates a rebuttable presumption that such a Justice has a conflict of interest that would interfere with the Justice’s ability to exercise independent and objective judgment in any case directly affecting that President’s interests.

3. Her recusal would leave the Court with a potential 4-4 split on a case that would have major impact on the nation.

4. Democratic officials’ demands that she recuse herself are driven purely by partisanship, and are hypocritical. Justice Kagan, appointed by President Obama, did not recuse herself in cases involving the Affordable Care Act, for example.

All this is true,

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