Afternoon Ethics Warm-Up, 11/26/2019: The Pooping Engineer, Fake Newspapers, And Other Things Not To Be Thankful For

As the Happy Holidays countdown continues…

1. More trivial ethics: Watching Season #2 (2015) of the excellent Stephen Bochco procedural “Murder One,” my wife and I were stunned to hear an expert witness in the trial of one of the teenage shooters in a school bus mass murder point out, while noting that most sociopaths don’t kill people, the Jack Kennedy and Bill Clinton were examples of very successful sociopaths. It’s very unusual to see favored progressive narratives challenged in television dramas. Of course, this would have been an opportunity for Trump-bashing had the show been filmed a couple of years later.

2.  Ew. Matthew Lebsack, an 18-year employee of the Union Pacific Railroad Co., defecated on a train-car knuckle three years ago, threw feces-covered toilet paper out of the locomotive window, and informed his manager that he had left a “present” for him. Lebsack’s co-workers cleaned up his droppings using bottled water and paper towels.

At the investigation hearing, Lebsack admitted the specifics of the incident and apologized for his behavior. He claimed he  was suffering from irritable bowel syndrome, and his wife had just left him at the time of the incident.

I wonder why?

Yeah, that justifies throwing one’s poop around the workplace. Lebsack was fired, shockingly. His union, the International Association of Sheet Metal Air, Rail, and Transportation Workers-Transportation Division, or  SMART appealed and the matter was sent to an arbitration board.

The arbitration board found that firing “was too harsh.” That’s good to know, just in case a clueless ethics class frustrates me so much I decide to take a dump on the podium.   Lebsack’s medical and psychological issues were deemed to be sufficient mitigation that board ordered Lebsack to be reinstated once he successfully completes a physical and a psychological evaluation. Union Pacific appealed to vacate the decision and SMART sought to enforce it.

U.S. District Judge Brian Buescher ruled that, under the Railway Labor Act, he was without authority to review the merits of the board’s interpretation of the collective bargaining agreement. Buescher said the arbitration board’s decision fell within its discretion, although he admitted that he didn’t understand its reasoning. Continue reading

Sunday Ethics Fallback, 11/3/2019: Poisoning Children For Their Own Good, And Other Alarming Developments

Whatever time it is…

1. Not exactly a shock, but we now know Ruth Bader Ginsburg lied in her 1993 Senate confirmation hearings. At a Georgetown Law Center event last week featuring both Clintons and Justice Ruth Bader Ginsburg, Bill Clinton told the audience that he queried the Justice-to- be about Roe v. Wade before nominating her to the Supreme Court in 1993:

[Ginsburg] knew this perfectly well, that I was under a lot of pressure to make sure I appointed someone who was simon-pure, which I had said I thought was important. But I was fascinated by a—either an article I had read or something I had read on Justice Ginsburg saying that she supported the result in Roe v. Wade but thought Justice Blackmun should have decided the case on the equal protection clause not the right to privacy. And I asked her the question and she talked about it just as if it was any other issue, no affect: “This is what I think, this is why I think it,” and she made a heck of a case.

That’s odd, because one of the written questions she responded to in the process was…

Has anyone involved in the process of selecting you as a judicial nominee (including but not limited to a member of the White House staff, the Justice Department, or the Senate or its staff) discussed with you any specific case, legal issue or question in a manner that could reasonably be interpreted as seeking any express or implied assurances concerning your position on such case, issue, or question? If so, please explain fully.

And the now-revered Ginsburg replied,

It is inappropriate, in my judgment, to seek from any nominee for judicial office assurance on how that individual would rule in a future case. That judgment was shared by those involved in the process of selecting me. No such person discussed with me any specific case, legal issue or question in a manner that could reasonably be interpreted as seeking any express or implied assurances concerning my position on such case, issue, or question.

Yet the former President directly contradicted this, in Justice Ginsberg’s presence.

2. Further lives unborn ethics notes: Continue reading

(I Admit It: I Can’t Resist….) Poll: Bill Clinton In A Blue Dress

The portrait above, which once seen, cannot be unseen, reportedly was hanging in the late Jeffrey Epstein’s mansion in Manhattan. Clinton, as well know be now, hung out with the infamous sexual predator more times than is good for his reputation.

Now this. So far, no mainstream media source has covered the weird episode. Few websites have either. Call me crazy, but I find it difficult to believe that if an equivalent portrait was found hanging in Epstein’s lair with the subject being Donald Trump or George W. Bush, CNN, MSNBC, the Times and the Post would be all over the story, snickering, speculating and asking questions. I assume that the Democratic candidates for President would be doing so too, noting that this was one more example of what an embarrassment the President was, that it hinted of his suspicious involvement with the sex offender, and that it proved how “unfit” he was to sit in the Oval Office.

On conservative blogs, several commenters have asked whether any reporter will have the fortitude to ask Bill of Hillary about the monstrosity. Don’t they have a duty to at least ask? What could the painting possibly mean?

I’ll be interested in the response to this poll, the topic of which is journalism ethics and double standards…

Sunday Ethics Warm-Up, 7/7/2019: BAM! POW! BOOM!

Welcome.

1.BAM! Billionaire sex-predator Jeffrey Epstein was arrested again, but that’s just the tip of the proverbial ethics iceberg:

  • This was the feds doing the arresting, which is confusing, since one of the controversies involving Epstein is a federal non-prosecution agreement that was part of his plea deal, negotiated by a team of super-lawyers including Alan Dershowitz.

This means that the victims in the new prosecution must be different victims from the ones in the case that send Epstein to prison for a paltry 13 months.

  • If so, I’m shocked–shocked!–that a mega-sex trafficker and sexual predator like Epstein hasn’t learned the error of his ways!

Actually, it would be shocking if a billionaire sex predator who got just a slap on the wrist for paying procurers to search the world for underage girls to be ravaged by Epstein and others at Epstein’s private plane, his Palm Beach mansion, and other locales didn’t keep engaging in his extra-curricular passion.

  • Federal prosecutors recently filed court papers in Florida case contending Epstein’s no prosecution deal must stand, with the filing stating,  “The past cannot be undone; the government committed itself to the NPA, and the parties have not disputed that Epstein complied with its provisions.”

    Now the The victims in the Florida case have until Monday to respond to the Justice Department’s filing.

  • The news media and social media resistance squads are hustling to connect Epstein to President Trump. Are they friends? Were they friends?  Most of the nation’s billionaires know each other: Trump has confirmed that he knows Epstein. Nothing has connected Trump to Epstein’s sex parties, however.

The same cannot be said of Bill Clinton.

  • The Trump connection is Labor Secretary Alexander Accosta. He was the Miami prosecutor who cut the outrageous deal with Epstein. I wrote in detail about the scandal here. Knowing all of this, President Trump still appointed Accosta as his Labor Secretary—you know, “the best people”—and the Senate confirmed him, even though this was a guaranteed ticking time-bomb.

It looks like it may finally blow.  Stay tuned.

2. POW! Res Ipsa Loquitur? Here is the Antifa’s press guidance distributed in advance of its planned disruption of a conservative protest against what the New York Times calls “perceived censorship of conservatives on social media.”

Hmmm. Continue reading

The Alexander Acosta-Jeffrey Epstein Scandal

That’s Epstein…a popular guy.

You have to buckle your seat belt and read this story.

The Miami-Herald undoubtedly earned itself a Pulitzer Prize with its detailed and horrifying account of rigged justice involving jet set multimillionaire Jeffrey Epstein, who parlayed money, connections, friends in high places and quite possibly extortion into a lighter-than-light sentence despite overwhelming evidence that over many years he had used his resources to gather “a large, cult-like network of underage girls — with the help of young female recruiters — to coerce into having sex acts behind the walls of his opulent waterfront mansion as often as three times a day…The eccentric hedge fund manager, whose friends included former President Bill Clinton, Donald Trump and Prince Andrew, was also suspected of trafficking minor girls, often from overseas, for sex parties at his other homes in Manhattan, New Mexico and the Caribbean, FBI and court records show.”

The prosecutor who allowed Epstein to virtually escape accountability for crimes that make such recent cultural villains as Harvey Weinstein appear to be benign in comparison was the Trump Administration’s Secretary of Labor, Alexander Acosta, then the U.S. attorney for Southern Florida.

Nobody’s talking, except the alleged victims, who are now mounting a legal challenge to the fiasco. Epstien’s lawyers, the kind of high-powered, high-priced super-team that only the richest of the rich can summon, included Allan Dershowitz, Roy Black and Ken Starr, among others, can’t discuss their representation under the rules of client confidentiality. So far, Acosta has been silent as well. The evidence that the paper’s investigation has uncovered—and again, don’t rely on this brief post, read the whole story—is persuasive, damning, and for me, someone who works in and with the legal profession, spiritually devastating. This, from the Maimi-Herald’s introduction and conclusion, provides some sense of the magnitude of the scandal: Continue reading

Morning Ethics Warm-Up, 11/21/18: BREAKING! Bill Clinton Harassed Women!

Good morning!

Me? I’m thankful that I’ve had the Warm-Up to fall back on when I’m too busy trying to sleep off this ^$$@!#^& endless chest cold, so I can at least keep a little bit current on Ethics Alarms. Today, the hell with it! Mind over matter, exhaustion be damned, I’m going to work, shop, make delayed client calls and research until I drop, literally. Time to stop being a weenie. Then tomorrow I can be thankful that I’m still alive.

1. Do not let the Clinton defenders off the hook.  For me, this is head exploding: the New York Times is crediting an A&E series about “The Clinton Affair” with suddenly, remarkably, making it possible to see that Paula Jones, as well as Katherine Willey and Juanita Broaddrick, were not just “right wing conspiracy”- primed bimbos weaponized to bring down Bill Clinton. Ah! Now, through the sudden clarity provided by the #MeToo movement, the Times and the rest of the mainstream media feels that the truth, so impenetrable all those years ago,  has been revealed! Jones was credible! Willey and Broaddrick were (and are) credible! What a shock! Who knew?

Excuse me if I barf. I knew, and, I submit, so did the New York Times et al,, including my hypocritical feminist lawyer friends at the Association of Trial Lawyers of America, where I worked during the Clinton years. “I believe Anita Hill!” boasted the button worn by the association’s first female President. “Really?” I asked her? Then why didn’t you believe Paula Jones? Clinton has had a history of sexual harassment and predator allegations; Clarence Thomas hasn’t.” Her answer was, to paraphrase, “Humina humina humina…’ She had no answer. She knew she had sided with a powerful man against a powerless woman for purely political reasons, and credibility and justice had nothing to do with the calculation. So did the New York Times. All of the defenses of Clinton were rationalizations—all of them, every one. I argued, and I taught at the time, that the Lewinsky affair was classic workplace harassment where the disparity of power made true consent impossible, even as such feminists as Gloria Steinem denied it, because, you see, Bill supported abortion rights. Of course he did. I’ll bet those rights served him well at one or more junctures in his rise.

Now, though, the realization of what Clinton was really doing has come into focus, as if it wasn’t deliberately blurred by the same forces now proclaiming it. In her essay for Vanity Fair earlier this year, Monica wrote that #MeToo had given her a “new lens” for seeing her own story, writing “Now, at 44, I’m beginning (just beginning) to consider the implications of the power differentials that were so vast between a president and a White House intern.”

Well, you’re slow, Monica, but at least you have an excuse. The New York Times is simply covering up a lie. It has no new lens: it was just pretending, along with the Democratic Party and most of the news media, that it didn’t know what was obvious to anyone with a neutral perspective. Bill Clinton was a serial harasser and sexual predator. He used his power in office to abuse women, and then to cover up his misconduct. Hillary Clinton was his accomplice, for her own gain. The President lied under oath in the Jones suit, a genuine, proven, “high crime.” It was not personal conduct, but professional, official, workplace misconduct, by well-accepted standards in the employment law field. That other Presidents, notably Kennedy, hasalso been sexual predators was not an valid excuse or a defense. The Democratic Party’s alleged feminism and dedication to women’s rights has been pure hypocrisy and cynical misrepresentation as long as the Clintons were embraced as allies and icons, a situation which existed right up through the 2016 election.

How dare the Times pretend all of this was unfathomable before 2018? Are Times readers really this corrupt and gullible? I know I especially resent it, because everything the paper says is suddenly, amazingly “in focus” was clear to me 20 years ago, and I got the same sneering condescension from my left-corrupted friends then that I get from them now, though on different topics. I’m thankful for the Clinton Ethics Train Wreck, because it started me writing about ethics on-line. But I am not letting these liars and hypocrites off the hook. Neither should you. Continue reading

Saturday Ethics Warm-Up, 9/1/18: Ethics Is Like Making Hamburger…[UPDATED]

Hello September!

1. More fake news, future news, and “if you hate Trump, you’ll like this” news. Nah, there’s no mainstream media bias!

Ann Althouse performs an expert take-down of an inexcusable piece of hackery by Megan McArdle in the Washington Post titled “Poll by sinking poll, Trump inches toward impeachment.”

[The wrong link to Althouse was up yesterday: it’s fixed now.]

How I love it when other do my work for me: Ann has been getting increasingly eccentric, but here she is at her best. Read both McArdle’s trash and Ann’s defenestration of it, but here are some key points from Althouse:

  • “what made me want to blog this is the first line of the column, “By any metric, Trump is in trouble,” which is followed by:

A poll out from The Post and ABC on Friday shows that 60 percent of voters disapprove of the job he’s doing as president, a new low. But that’s just one poll; the polling average at statistician Nate Silver’s FiveThirtyEight shows Trump with a mere 53.4 percent disapproval rating, which is better than its 56.8 percent peak last December.

So there’s an obvious “metric” — the famous Nate Silver metric — by which Trump is doing better than last December, but “By any metric, Trump is in trouble”?!

  • But a presidency is not in good shape when the best spin on the new poll is “It’s an outlier! Only 53 percent of the country thinks the president is terrible.” The poll is especially ugly for Republicans with midterms looming in two months.

No. 53 percent didn’t say “the president is terrible.” They said “disapprove” when asked whether they approve of disapprove. And they might disapprove of other options too, such as impeachment or even (if it could be magically possible) Hillary for President.

  • More McArdle:

It’s all too easy to imagine a similar scenario for Democrats intent on impeaching Trump as they come up short looking for Republicans to help them make it across the finish line. But it’s not entirely impossible to picture a few Republicans going along….

We’ve gone from “by any metric” to “it’s not entirely impossible.” Come on! Were we not supposed to read this far into the column? WaPo is all headlines and first lines these days. Get your hit, and maybe you can face another day with Trump as President.

Ann’s last line is spot-on, and describes exactly what social media is like these days. Oooo! Trump flew the White House flag full-mast a couple of days early! What a monster! …What? People say Trump doesn’t like Jeff Sessions’ accent? He’s horrible!Hey! The Trump Administration is doing pretty much exactly what the Obama administration did, but it’s Trump, so now it’s wrong!”

2. More Aretha Franklin Ethics. Even a funeral of a beloved pop star can’t proceed without manufactured outrages, controversies and PC offenses. Bishop Charles H. Ellis, III, felt that he had to apologize for touching singer Ariana Grande like this after she performed during the funeral service for Aretha Franklin…

The funny thing is that this could indeed constitute sexual harassment in a workplace setting, if the singer decided that the touch—unconsented, arguably a mini-grope–was “unwelcome.” So the Bishop had to grovel, which he did, saying,

“It would never be my intention to touch any woman’s breast. … I don’t know I guess I put my arm around her,” Ellis said. “Maybe I crossed the border, maybe I was too friendly or familiar but again, I apologize….I hug all the female artists and the male artists. Everybody that was up, I shook their hands and hugged them. That’s what we are all about in the church. We are all about love. The last thing I want to do is to be a distraction to this day. This is all about Aretha Franklin.”

Continue reading