Afternoon Ethics Warm-Up, 3/26/19: The “What’s Going On Here?” Edition

Hello, Spring!

1. On the down side, “The Smollett Report” Explain this one: Attorneys for “Empire” actor Jussie Smollett announced today that all charges against him have been dropped.Smollett was indicted on 16 felony counts related to making a false report that he was attacked by two men. The two men were found and implicated Smollett, and the evidence that it was hoax appeared overwhelming.  A minimum condition of dropping cases requires some acceptance of responsibility, but the actor still professes that he’s innocent. “I’ve been truthful and consistent on every single level since day one,” he said.

What’s going on here? I have no idea, but the word “Chicago” keeps popping up in my head.”

2. Talk about a parallel universe! I had never seen this [Pointer: Althouse]: President Obama’s statement after the 2016 election:

“You take the baton, you run your best race, and hopefully, by the time you hand it off, you’re a little further ahead. You made a little progress. I want to make sure that hand-off is well executed because, ultimately, we’re all on the same team….

Everybody is sad when their side loses an election, but the day after, we have to remember that we’re actually all on one team. This is an intramural scrimmage. We’re not Democrats first. We’re not Republicans first. We are Americans first.

This was a long and hard-fought campaign. A lot of our fellow Americans are exultant today. A lot of Americans are less so, but that’s the nature of campaigns. That’s the nature of democracy. It is hard and sometimes contentious and noisy. It’s not always inspiring.”

“Sometimes you lose an argument. Sometimes you lose an election. We try really hard to persuade people that we’re right, and then people vote, and then we lose. We learn from our mistakes. We do some reflection. We lick our wounds. We brush ourselves off. We get back in the arena. We go at it. We try even harder the next time.”

Continue reading

Morning Ethics Warm-Up, 1/11/2019: Triplets, Tongues, Feet, And Screeches

 

Good Morning!

1.It’s time to play… Champerty! I’m beginning my morning by explaining to an outside litigation funding entity that they really don’t have to worry about champerty laws as long as their loans are handled property. Champerty is an ancient common law crime that made it illegal for a third party to buy into litigation and to profit from the transaction if the litigation succeeded. Some states still have anti-champerty laws, but they are 1) pretty much dead letters and 2) don’t apply to legitimate litigation financing, where a loan is repaid whether the litigation succeeds or not, and the amounts repaid do not change if it does. In legal ethics, champerty becomes an issue when a lawyer or law firm “sells” a share of the legal fee to a third party. That’s fee-splitting with a non-lawyer, and strictly forbidden.

Champerty is often mentioned as a set with two other common law crimes, Maintenance and Barratry. Maintenance, Champerty and Barratry are among my favorite potential triplets names, along with Shadrach, Meshach, and Abednego; Caspar, Melchior, and Balthazar; Clotho, Lachesis, and Atroposand (The Fates);  Nina, Pinta and Santa Maria, and, of course, Moe, Larry, and Curly.

2. The Good Illegal Immigrant, again. In the wake of the wall dispute and the shutdown, the New York Times is ramping up its frequency of heartstrings-tugging tales of  illegal immigrants so lovable, industrious and virtuous that only a monster would oppose their permanent enjoyment of the fruits of illegally obtained citizenship. One such article this week began,

“Tomas Guevara fell in love with Ruth Ayala years before they met. Her brothers — like Mr. Guevara, Salvadoran immigrants living outside Washington — talked about her at church. She was hardworking and kind, they said, devoted to her family and her faith. Then Mr. Guevara saw Ms. Ayala’s photo; her big brown eyes, her warm smile. He decided to give her a call.”

Awww!

Later in the article, we have this sentence: “In 2001, he swam across the Rio Grande.”

The article raises many questions for me. Why was someone like Tomas eligible for “temporary protected status”? If the claim was that El Salvador was so dangerous that he could not be sent back there, why did he keep visiting that country, meet his wife there, and have his child there? Naturally, there was a program, the Central American Minors program begun in 2014, that allows the children of parents with temporary protected status to apply for permanent residency as refugees. Tomas’s wife was somehow eligible too.

This is what “chain migration” means, in case you wondered. Continue reading

New Year’s Day Ethics Warm-Up, 2019: Outrageous Virtue Signaling And Other Misdemeanors

Yes, happy 2019.

Thanks to all the readers, many commenting for the first time, who send reassuring and kind words in response to my musings last night. I wasn’t fishing for them, I swear.

1. Maybe this is why I’m in a bad mood…Here is the beginning of the 70 page (!) appellate brief I’m having to waste today answering, the work of the angry Ethics Alarms commenter whom I banned more than a year ago, and who apparently has nothing better to do than to file frivolous lawsuits:

Jack Marshall, the Defendant, is a craven, venal LIAR. What he did to Plaintiff …in this case was intentional/focused/targeted/defamatory lying, through-and-through. “Toxic mendacity” is a fair/appropriate characterization (“Orwellian psychosis” may possibly overstate the case). There was nothing legitimately/honestly “opinionated” about any of Marshall’s cynical noxious LIES, in any sensible sense (despite what the Judge pretended), as (re-)proven herein. Amongst the 575 defamatory acts pled/ alleged in our Comp (and supported in Opp, and at Oral Argument, and now repeated/proved yet again here in tabular
format in TblDefam), Marshall outright factually LIED ~29 times; while another ~32 times he uttered/wrote “materially false” pseudo-“opinions” based upon (hence implying) his earlier lies. Yet, the lower Judge’s grant of Rule 12(b)(6) Motion-to-Dismiss (“failure to state a claim”) falsely/blindly pretended Marshall’s publications were “pure opinions, innocent as the driven snow, grounded solely upon true facts.”6 That was a blatantly false/wrongful breach of good-faith judging….

2.  The nauseating virtue-signaling championship goes to…Barack Obama. How gullible and starry-eyed does someone have to be not to find this transparent and manipulative? The ex-President published his favorite movies, novels and songs of the year on Instagram. To my surprise, they reveal him to be woke! Intellectual! Devoted to the right social causes! Cool! And Black!

And if, say, one of his actual favorite movies this year was porn, or a slasher flick, do you really think he would include it? How about a Mickey Spillane novel, or a book by Bill Cosby? Call me cynical, but I assume that the list was devised by his PR staff, with his input. The list essentially tells us that Obama thinks most Americans are stupid saps, and the news media’s reaction to it—Isn’t he wonderful???—-shows that he’s probably right. Continue reading

Mississippi Stinking

Gee, I wonder why feminists aren’t cheering the Cindy Hyde-Smith victory in the Senate run-off in Mississippi yesterday.  After all, she is the first female U.S. Senator in the state. And she’s a woman, and weren’t we told in the 2016 election that this alone mandated voting for a candidate, and nothing else should matter?  Admittedly, Hyde-Smith was an especially stinky candidate—inept, unqualified, addicted to sticking her foot in her mouth—but then so was Hillary Clinton. Why does being a woman outweigh all that baggage when the candidate is a Democrat but not when she’s a Republican? Or is the theory that electing a black Senator cancels out the “vote for any woman over any man”  rule?

I need this written down, I guess.

Of course, the losing Democratic candidate, Mike Espy, was pretty stinky himself, corrupt and dishonest, as well as addicted to race-baiting when the opportunity arose. He was required to quit Bill Clinton’s Cabinet after multiple accusations of corrupt dealings and illegal gift-accepting, then accepted a $750,000 consulting deal from former Ivory Coast president Laurent Gbagbo’s government in 2011. Espy’s former client is now standing trial for “crimes against humanity.” After Espy came under scrutiny for lobbying for Gbagbo, he claimed he had dropped the  contract once he learned that Gbagbo was a “bad guy.”  Continue reading

Morning Ethics Warm-Up, 11/23/18: (It’s My 38th Wedding Anniversary)

Good Morning!

1. A Thanksgiving Story. Yesterday, as we have in recent years since our available family has been inexorably shrinking or moving away, Grace and I, plus my son and his girl friend, went out to a favorite D.C. restaurant for our celebration. A very large party was next to our table, and when I overheard a comment or two, I figured out who it was. The extended Dole family, headed by former Senator Liddy Dole and former Senate Majority Leader, Presidential candidate and Vice-Presidential candidate Bob Dole, now 95, was having a holiday gathering with at least three generations on hand. My Dad deeply admired Dole’s military sacrifices in World War II as well as his wit, and both Doles had spent a lifetime in public service, so I decided to send the table a bottle of champaign with the Marshall family’s regards.

I expected at most a smile and a wave. Liddy Dole, however, came immediately over to our table, and chatted for quite a while, energetically expressing her  and Bob’s gratitude for the gift. Later a Dole niece came over to do the same, and I got a handshake and some nice words from Bob as we left. I would have assumed that lots of tables at the packed eatery would have sent some token of appreciation the Dole’s way, but we seemed to be the only ones. Indeed, we seemed to be the only ones who knew who they were. “Sic transit gloria mundi.”

It was funny: Liddy Dole did a wonderful job covering with opening comments that could have suggested that she had met us before, a skill anyone in public office must master. I managed to make it clear in my remarks that we hadn’t met, but her gratitude appeared genuine rather than formal.

So the Marshall family had a memorable collision with political history and Washington royalty! Best bottle of champagne I ever bought…

2.  If Obama wants to protect his own legacy and project a positive image of the Presidency, he really should shut up. During a summit this week for the Obama Foundation in Chicago, former President Barack Obama said,

“Climate change, we’re going to have to come up with some new technologies to solve the problem as much as we need to. Although even on something like that, right now I could take off the shelf existing technologies, we could reduce carbon emissions by, let’s say 30 percent, without any, you know, it’s not like we would have to go back to caves and, you know, live off, you know, fire. We could have electricity and smartphones and all that stuff, which would buy us probably another 20, 30 years for that technological breakthrough that’s necessary. The reason we don’t do it is because we are still confused, blind, shrouded with hate, anger, racism, mommy issues. “I mean … we are fraught with stuff.”

Stuff like, oh, reality. The U.S. is deeply in debt, in no small part due to Obama’s own mismanagement of the budget, and a trillion dollar infrastructure bill is overdue. Estimates—and on climate change, all we have is estimates, of what it would cost to reduce carbon emissions by 30% range from another 1.7 to 3 trillion dollars, and many estimates tell us that even that wouldn’t do enough, whatever “enough” is. “It’s not like we would have to go back to caves and, you know, live off, you know, fire’ is a masterpiece of “It’s not the worst thing” duplicity. OK, Big Shot, what would it mean? Of course, Obama has no idea. He’s just blathering, and at a level not much superior to the blathering President Trump gets regularly skewered for. Yes, we are indeed confused, because climate change research and hype are now indistinguishable thanks to messengers like Obama, but how the hell do “hate, anger, racism, (and) mommy issues” have anything to do with the issue other than to serve as standard left-wing insults at anyone who doesn’t agree with them?

The use of racism as a default explanation for any and all opposition has reached the point of self-parody. I wonder when the half the country not being victimized by it wakes up and sees how unfair and destructive this is… Continue reading

Sunday Morning Ethics Warm-Up After The Red Sox Complete An Unprecedented Late Inning Comeback In The World Series HAHAHAHAHA!, 10/28/18: Obama’s “Norms”, Goodbye Apu, #MeToo Hypocrisy, And “Roshomon,” Chicago-Style

Focus, Jack, focus!

1. Not the World Series, ETHICS! And speaking of ethics…

  • What kind of lie is this? Rich Hill, the Dodgers starting pitcher last night who almost unhittable, said in an interview that he “liked” his team’s chances of winning the Series despite being behind 3 games to 1. World Series history and basic math says that the chances are “slim.” He likes the slim chances? Does he really like them? Does he believe liking them means they are more likely to break his way?

Is he just lying to buck up his team and its fans, when he really doesn’t “like” the chances at all, not being, you know, an idiot? Does that make it a “good lie”?

  • The Fox World Series broadcast team of Joe Buck and John Smoltz is incompetent. In a potentially game-changing play in which the Boston catcher’s throw attempting to complete a home-to-first double-play sailed past first, allowing the game’s first run to score, the two alleged experts said that there was no interference. Wrong. There was interference, and it was obvious: Bellinger, the Dodgers runner, was on the infield grass rather than the yard-wide running lane to the right of the baseline, which exists precisely for plays like that, when the catcher needs a lane to throw unimpeded to first base to get the out.  It should have been called runner’s interference, completing a double-play and ending the inning without a run scoring. Instead, the run scored on the errant throw from Boston catcher Vasquez, and the next batter, Yasiel Puig, hit a three-run homer to give L.A. a 4-0 lead. There was no discussion of the rules and issues involved.

But after the game, over at the MLB cable channel, former Yankees manager Joe Girardi and baseball analyst Harold Reynolds graphically illustrated that the interference should have been called. This is what the Fox broadcasters are paid for: to explain the nuances of the rules and the game to the average World Series viewer, whose baseball acumen is rudimentary. The umpires missed the play, even though as Reynold pointed out, it was called many times during the season. Umpires are reluctant to call interference of any kind during the post-season, because it’s messy, and guarantees controversy and an on-field arguments.

  • For an unusual first ball ceremony, former Red Sox-Oakland Hall of Fame pitcher Dennis Eckersley (Now an ace Boston TV color man, known New England-wide as “Eck”) threw a pitch to ex-Dodgers catcher Steve Yeager as Kirk Gibson stood in the batters box. Gibson, you should recall, hit the famous “The Natural” home run off Eckersley to win Game #1 of the 1988 World Series, after limping to the plate as a pinch-hitter in the bottom of the 9th inning. How many ex-players would voluntarily re-enact their worst moment on the field on national TV? Imagine Ralph Branca throwing a ceremonial first pitch to Bobby Thompson.

Eck personifies humility and exemplary sportsmanship.

  • Trump Tweets, Baseball Division. This made me laugh out loud, I have to admit. During the game, the President criticized Dodgers manager Dave Roberts decision to replace Hill with his first baseball tweet:

“It is amazing how a manager takes out a pitcher who is loose & dominating through almost 7 innings, Rich Hill of Dodgers, and brings in nervous reliever(s) who get shellacked. 4 run lead gone. Managers do it all the time, big mistake!”

I wish the President would confine all of his tweeting to second-guessing managers and coaches. It’s obnoxious, but harmless. Dodgers manager Dave Roberts, presented with the tweet during his post-game press conference, handed it ethically and well. Steely-faced, he asked, “The President said that?” and responded, sufficiently respectfully, “I’m happy he was tuning in and watching the game. I don’t know how many Dodgers games he’s watched. I don’t think he was privy to the conversation. That’s one man’s opinion.”  Roberts was referring to the fact that Hill told him that he might be getting fatigued. Nonetheless, lots of people other than the President questioned Robert’s decision.

It is pure hindsight bias, of course, as well as consequentialism. If the Dodger bullpen had held a late-inning  4-run lead as every previous World Series bullpen had, nobody would be criticizing Roberts.

2. The confiscated handicapped van. [Pointer: Michael Ejercito] Andrea Santiago’s $15,000 van with a customized wheelchair lift was confiscated  by the City of Chicago as an abandoned vehicle. She has polio and multiple sclerosis, and the family claims the vehicle was parked legally and obviously not abandoned. This is a Roshomon situation, for the accounts of the city and the family are irreconcilable. Chicago’s Department of Streets & Sanitation sent this statement: Continue reading

Late Night Ethics Refresher, 10/20/18: Bad Art And Baseball Roshomon

Having a nice weekend?

Literally nothing can spoil my mood now that the Red Sox are going to the World Series…and playing the Dodgers.

1. White House art ethics? I’ve been wanting to post about this all week.  Here is the painting President Trump has hung in the White House:

I love it. It makes me smile every time I see it. But because there is nothing President Trump could do that the news media and the “resistance” wouldn’t mark as shameful; and scandalous, he is actually being attacked for his choice of art.

Well, to hell with them, which I’m sure is Trump’s attitude. Sure it’s a tacky painting; I’m pretty sure the artist knows that, and doesn’t care. Called “The Republican Club,” it is the work of Missouri artist Andy Thomas. Trump is President and for at least four years he’s living in the White House: he can put up whatever art he likes. If it makes him smile like it does me, then that’s a good enough reason to hang it. It’s bad art, but so was Obama’s official portrait showing him being slowly devoured by plants with the sperm on his face, and that one didn’t make anyone smile, except the artist.

 

By the way, CNN displays its ignorance by writing that “Chester Arthur, Rutherford B. Hayes and James Garfield are presumably in the crowd, but impossible to identify.” I could identify Arthur easily. Can you? Garfield, Hayes, and Benjamin Harrison, whom CNN’s reporter apparently never heard of, were all similarly bearded, and there are two bearded faces near Arthur that could be two of them. I can’t find McKinley anywhere, so maybe the artist was minimizing the presence of the murdered Presidents—given the tenor of Democratic rhetoric,  that might be prudent—which means the bearded figures are Hayes and Harrison. Also missing is the only impeached Republican President, Andrew Johnson. Yeah, poor Andy would be a skunk at the picnic too. Continue reading