The Last Of The Nazi War Criminals

Coincidentally, just as I am completing watching the Netflix documentary “The Devil Next Door,”  another former Nazi prison guard has begun trial on charges that he was an accessory to 5,230 murders at a German concentration camp in Poland during World War II.  “The Devil Next Door” engrossingly tells the strange story of a Ukrainian immigrant named John Demjanjuk who appeared to be a model U.S. citizen, respected neighbor and beloved husband and father in Cleveland before the U.S. decided he was really a former Nazi camp guard nicknamed “Ivan the Terrible” for his sadism and brutality at the Treblinka Nazi death camp in Poland. Demjanjuk was stripped of his U.S. citizenship and tried in Israel from 1986 to 1988 for crimes against humanity. A three judge panel convicted Demjanjuk and sentenced him to hang after a dramatic (and troubling) trial, but the former Ford auto-worker died while his  appeal was pending. Under the doctrine of abatement ab initio, he is still presumed innocent.

As I have written here before, I have many ethical problems with the concept of war crime trials, but “Ivan the Terrible” certainly tests them. Whether or not Demjanjuk  was Ivan, the Treblinka gas chamber operator was a monster even by SS standards, torturing the camp’s Jewish victims before their extermination. In the United States, I cannot imagine that that Demjanjuk would have been found guilty beyond a reasonable doubt: the evidence was compromised, the eye-witnesses often contradicted themselves and appeared confused (“Some were liars, some were senile, and some were liars and senile” is how Demjanjuk’s Israeli lawyer puts it on camera). The most damaging testimony against Demjanjuk was his own, and in the U.S. he never would have been allowed to testify.

Was he “Ivan”? All one can say is “probably.” The case was not proven beyond a reasonable doubt, not even close to it.

At the time, it was widely believed that Demjanjuk’s would be the last Nazi war crimes trial, but now  Bruno Dey, 93,  a prison guard  in the Stutthof camp near what’s now Gdansk, Poland, is being tried in Hamburg, Germany. Continue reading

Unethical Quote Of The Week And Incompetent Elected Official Of The Month: Baltimore Mayor Jack Young

Sure, be happy and proud, Mr. Mayor! After all, you didn’t commit those murders, and better still, you weren’t the victim of any of them!

“I’m not committing the murders. And that’s what people need to understand. I’m not committing the murders. The police commissioner is not committing it. The council is not committing it. So how can you fault leadership? You know this has been five years of 300-plus murders, and I don’t see it as a lack of leadership.”

—Baltimore Mayor Jack Young, responding to criticism over another year of violent crime in the city, with the number of murders about to reach 300.

Any elected official foolish enough to make such a statement should just resign in disgrace. He is incapable of competent leadership, because he doesn’t understand what it is that leaders do. They are responsible for the welfare of those who follow them, depend on them, trust them. Because they have taken on this responsibility, they are accountable to everyone in the organization—in his case, a municipality—for a deterioration in conditions there. Continue reading

Ethics Catch-Up 11/14/2009: Better Late Than Never

Good morning!

Good Afternoon!

Good Night!

I started this post at about 10 am, and again, and again, and each time another post topic intervened, pushing the daily Warm-Up from the beginning of the day to the end of it…

1. Yet another shield becomes a sword…Add caller ID to the list of useful developments ruined by unscrupulous technology. I was recently tricked by what my phone said was a call by the Social Security Administration, and it included a phone number that I had recently received a legitimate call from, via an agent. This call was a scam. Investigating, I found that there are inexpensive apps available at the Android and Apple app stores with no limitations on who can purchase them that have few if any legal of legitimate purpose. SpoofCard, TraceBust, Fake Call Plus and more  allow a caller to enter any ID they choose, and any number. They also offer menus of background sounds, various voice pitches and other features to facilitate fraud.

When ethics fail, the law must step in, and these apps should be illegal.

2. Mona Lisa Ethics. “Leonardo’s painting is a security hazard, an educational obstacle and not even a satisfying bucket-list item. It’s time the Louvre moved it out of the way” shouted a New York Times sub-headline.” It’s hard to argue with the article’s conclusion….or its author’s contempt.  Here’s a photo of the typical crowd in the Louvre’s room where the Va Vinci painting is exhibited:

The Times observes…

Content in the 20th century to be merely famous, she has become, in this age of mass tourism and digital narcissism, a black hole of anti-art who has turned the museum inside out…Relocated to the Richelieu painting wing, the Mona Lisa reduced the museum’s Flemish collection into wallpaper for a cattle pen, where guards shooed along irritated, sweaty selfie-snappers who’d endured a half-hour line. The overcrowding was so bad, the museum had to shut its doors on several days. “The Louvre is suffocating,” said a statement from the union of the museum’s security staff, who went on strike…[The author] went up with the crowds recently. Things were no better. Now, you must line up in a hideous, T.S.A.-style snake of retractable barriers that ends about 12 feet from the Leonardo — which, for a painting that’s just two and a half feet tall, is too far for looking… visitors…could hardly see the thing, and we were shunted off in less than a minute. …Pathetic new signs [read]: “The Mona Lisa is surrounded by other masterpieces — take a look around the room.”

Morons. These are the fruits of celebrity culture and the spread of the sick addiction to self-celebration. Taking selfies of an art masterpiece only has the objective of proving an idiot was there, for other idiots who are impressed. Meanwhile, those who might really appreciate the painting are  prevented from doing so. Continue reading

Thoughts Upon Reading The Comments To The Recent “Conscience Clause” Post

The comments on the recent post regarding the so-called conscience rule being voided in court generated the comments the topic always does. What follows is a relatively short, general post to frame the issues as clearly as possible.  Admittedly, when a post is titled “When Law and Ethics Converge,” perhaps I shouldn’t have to explicate with a post focusing on the difference between law and ethics. I strongly believe that conscience clauses undermine the law, and are unethical, as you will see.

Law and Ethics are not the buddies people think they are, or wish they were. If you look around Ethics Alarms, you see why. Ethics, as the  process by which we decide and learn what is good and right conduct, evolves with time and experience. A predictable cut of a society’s ethics are always going to be a matter of intense debate. Ethics are self-enforcing, for the most part and by nature, because being ethical should make us feel good.  Once an authority or power starts demanding conduct and enforcing  conformity, we are mostly out of the realm of ethics and into morality, where conduct is dictated by a central overseer that, if it is to have genuine authority, must be voluntarily accepted by those subject to its power.

Society cannot function on ethics alone. Without laws, chaos and anarchy result. Because chaos and anarchy are bad for everyone, no individual who has accepted the social compact may decide which laws he or she will follow and which he or she will defy—at least, not without paying a price, which is society’s punishment. In ethical terms, this is a utilitarian calculation: we accept laws that individually we may find repugnant, because allowing citizens to pick and choose which laws they will obey as a matter of “conscience” doesn’t work and has never worked. Ethics pays attention to history.

Thus it is ethical to obey the law, and unethical not to,  even if good arguments can be made that particular laws are themselves unethical. This is where civil disobedience comes in: if a citizen chooses to violate a law on a the basis of that citizen’s conscience or principle, the citizen also has to accept the legal consequences of doing so as an obligation of citizenship. Continue reading

When Law And Ethics Converge: Goodbye To The Trump Administration’s Unconstitutional and Unethical “Conscience Clause”

Today’s decision by U.S. District Judge Paul Engelmayer, voiding the Trump administration’s “conscience rule” that resuscitated the Bush Administration’s similar rule, is right on the law, and, more important for this blog, right on ethics. The Trump version, which was yet to go into effect,  allowed health-care providers to refuse to participate in abortions, sterilizations or other types of care they if they disagreed with them on religious or moral grounds.

It was an invitation to open-ended discrimination, and as objectionable in principle as allowing public accommodations to refuse to serve Jews, blacks or gays. This topic has been thoroughly explored on Ethics Alarms over the years, and I don’t have anything much new to say. In fact, perusing my various essays on the topic, my favorite is one that is so old, it was on the Ethics Alarms predecessor the Ethics Scoreboard (on which I am slowly making progress in my efforts to get it back online) and mentions Paris Hilton, working at Blockbuster, and an earlier incarnation of Colin Kaepernick in the NBA.

I wrote, in 2005, Continue reading

Morning Ethics Warm-Up, 10/30/2019: “Happy Birthday Little Sister!” Edition

Good Morning!

Today marks the birthday of my younger sister, whom I have referred to here frequently. Growing up with her and following her life and career imbued me with an early and ongoing appreciation of the effects of sexism and pro-male bias in society, and I’m indebted to her for that. She has always equaled or surpassed me in ability and enterprise, yet often watched me receive more credit or praise for the same things she could do and did without similar acclaim. I know she resented me for that (probably still does—she won’t read Ethics Alarms, for example), and it frequently bruised our relationship over the years. She also taught me about moral luck: in general, I have been persistently  lucky, and she has not, and the difference was so evident that I learned very early in life not to congratulate myself for how the dice fell. She is finally happy in retirement, is about to welcome the first grandchild for this generation of Marshalls, her two adult children are healthy and prospering, and her beloved Nationals just forced a Game 7 in the World Series. She will have a happy birthday. Good. She deserves it.

1. Tales of the double standard, and the imaginary double standard. MSNBC and much of the progressive noise machine has decided to paint Rep. Katie Hill as a victim of a “vast right wing conspiracy,” in Hillary’s immortal phrase, and a vicious husband. If he indeed was the one who shared the salacious photos of Hill involved in various sex acts,  vicious he certainly is. But how can anyone say, as lawyer Carrie Goldberg does, that  “Katie Hill was taken down by three things: an abusive ex, a misogynist far-right media apparatus, and a society that was gleeful about sexually humiliating a young woman in power…None of those elements would be here if it were a male victim. It is because she is female that this happened’? Nonsense, and deceptive nonsense.

Hill resigned because a House ethics investigation was underway regarding her admitted sexual affair with a Congressional staffer and an alleged affair with her legislative director. She was not going to be kicked out of Congress for either or both; she probably resigned in part because she knew the investigation was going to turn up more and worse. The Naked Congresswoman Principle also played a part, as I discussed here. Does anyone really believe that equivalent photos of a male member of Congress displaying his naughty bits in flagrante delicto (my late, great, law school roomie loved saying that phrase) with both sexes would be shrugged off by his constituents and the news media? Who are they kidding?

Hill was arrogant and reckless, and is paying the predictable price, though she was not smart enough to predict it. Trail-blazers—I’m not sure being the first openly bi-sexual member of Congress is much  of a trail to blaze, but never mind—are always under special scrutiny and have to avoid scandal at all costs. Did Hill ever hear of Jackie Robinson? Allowing those photos to come into existence showed terrible judgment; using her staff as a dating resource was hypocritical for a member of the  #MeToo party and workplace misconduct too.

The fact that she is being defended tells us all we need to know about the integrity of her  defenders. Continue reading

The Naked Congresswoman Principle Is Confirmed, Rep. Hill Resigns, And She Refuses To Accept Responsibility

Of course she does.

Democratic Rep. Katie Hill of California has resigned. from the House of Representatives. Ethics Alarms examined Rep. Hill’s plight in the recent post, Just What We Needed: The Naked Congresswoman Principle. It concluded,

“The Naked Teacher Principle, Naked Congresswoman Variation, rules. The fact that these photos became public undermines trust in Hill’s judgement, competence, and trustworthiness, if not her physical fitness. It doesn’t matter how or why they got online. The person ultimately responsible is Hill. If you want to have a career based on respect and trust, don’t pose for naked pictures, sex photos, or pictures that make you look like you’re employed by an escort service. That shouldn’t be so hard.”

The lesson of the Naked Teacher Principle and most (though not all!) of its variations held true for Hill: once there are photos out there of a professional holding a position requiring dignity and trust behaving like or looking like a porn star, a drunken frat date, Kim Kardashian or a Sports illustrated swimsuit model, that professional’s ability to do her (or his) job has been seriously wounded, perhaps mortally. It would have been nice, and admirable, if Hill acknowledged this fact of life, the workplace and politics, but as you can see from her resignation letter below, she did not:

Ugh.

Hill appears to be taking no responsibility for her fate at all. This was a “rising star” in the Democratic Party firmament? Yechh.  Continue reading