Tag Archives: Brett Kavanaugh Nomination Ethics Train Wreck

Morning Ethics Warm-Up, 12/13/2018: The All-Segue Edition

Good Morning!

(Though any day that begins with the legal gossip scandal-sheet website Above the Law sending me a “media inquiry” as they dig for dirt is not a good day.)

1. In brief. Well I have now received the appellant’s brief in a certain lingering law suit regarding Ethics Alarms. What fun. Anyone who wants to read it is welcome; those who have dealt with pro se submissions will immediately recognize the syndrome, lawyers may be amused, and non-lawyers may be edified. I expect to knock out the reply brief today, which won’t have to be more than a few pages. It’s not like I have better things to do or anything…

2. Speaking of cases that should have been thrown out of court…Reason reports:

In June, an Oakland County sheriff’s deputy pulled Dejuante Franklin over in front of a gas station for a traffic violation. While handing Franklin his ticket, NWA’s “Fuck tha Police” began to play in the background. As it turns out, James Webb, who did not know Franklin, witnessed the stop. He decided on his own accord to turn the song up louder before walking into the gas station store. When he exited, the officer slapped him with a ticket for misdemeanor noise violation, citing that Webb played the song at an “extremely high volume.”

It took 9 minutes of deliberation for a jury to bring in a verdict of  not guilty. This was an obvious attempted end-around the First Amendment by the officer, and the judge shouldn’t have let it get to a jury at all.

3. And speaking of abusing First Amendment rights…as well as “A Nation of Assholes,” MSNBC’s “Morning Joe’s” co-host and wife-to-be (don’t get me started on THAT) Mika Brzezinski,  called Secretary of State Mike Pompeo a “butt-boy” during yesterday’s show.  Why not? After all, CBS lets its on-air personalities call the President a “cock-holster.” Mika wouldn’t have had her filters down, of course, if the culture around MSNBC wasn’t rife with such hate, but she realized mid-show that this wasn’t exactly professional or civil news reporting, and babbled an apology. Too late!

An ethical, professional news station would suspend her, but this is MSNBC, and there are no ethical, professional news stations.

4. Meanwhile, speaking of media bias and unprofessional reporting...A New York Times “fact check” on the contentious meeting among Trump, Pence, Pelosi and Schumer had this amusing note:

“Mr. Trump has long charged that Democrats want open borders, slinging accusations at a higher clip in the waning days of the midterm elections campaign in November. Democrats do not want open borders, evidenced in part by border security legislation that Democrats have supported. What Democrats do not want is Mr. Trump’s costly border wall.”

Oh, that’s a fact, is it? No, Democrats, at least a great many of them, DO want open borders, evidenced in part by their wilful refusal to distinguish between illegal immigrants and legal immigrants, their insistence on signalling through their support for “Dreamers” that bringing children across the border illegally is a virtuous act, their position that illegal immigrants should be allowed to stay in the U.S. as longs as they don’t break any more laws, their constant demonization of necessary border enforcement efforts, and their proposals to abolish ICE. Continue reading

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Mid-Day Ethics Warm-Up, 11/29/18: Slime, Blather, Theft And Trolling

Good Afternoon…

For me, anyway: I woke up feeling healthy for the first time in 17 days.  Now the day’s ethics stories will make both of us feel sick. I’m sorry.

1. The Sliming. The news media is determined, in the absence of any verified or verifiable evidence, to continue sliming Brett Kavanaugh. The Washington Post placed the story about his return to coaching  girls’ basketball in its “Public Safety” section. Nah, there’s no mainstream media bias!

This below-the-belt innuendo that the Supreme Court Justice is a threat to the young women on his team was caught, criticized, and the Post claimed it was an accident. You know, if journalists played it straight, and  had any credibility as objective, fair commentators, such an explanation would be credible. But they don’t, and it’s not.

Then there was the Huffington Post and AOL, which ran this story, headlined “Ford Is Still Receiving Death Threats, Kavanaugh Is Back To Coaching Basketball.”

The innuendo here is that there is some kind of injustice that the accused gets to resume his life while the accuser’s life is still disrupted. No, one who is accused should always be able to return to his life if the accusation is unproven and unconvincing, though that’s often not the case, and not the case with Kavanaugh as his continued sliming by the Left-wing media demonstrates. As for Blasey-Ford, no one should endure death threats. This is, however, a false dichotomy. There is no evidence that Kavanaugh did anything wrong, much less that he is a sex offender. My view is that Blasey-Ford, for political reasons, raising a high school episode that she could not confirm and didn’t recall herself for 30 years in order to discredit an adult judge of sterling reputation and credentials was unethical, irresponsible, and unfair.

2. The Sliming, cont.: Mark Twain Prize Division. Julia Louis-Dreyfus, inexplicably awarded the Kennedy Center’s Mark Twain Prize as the individuals who has “had an impact on American society in ways similar to” Twain—Julia Louis-Dreyfus? Seriously?—-used her acceptance speech to display her Twain-like rapier wit and take cheap shots at Justice Kavanaugh. (They are too idiotic and unfunny to warrant repeating.) It takes a lot of gall for someone to be accusing a public figure of sexual assault at any event sponsored by the John Fitzgerald Kennedy Center, or with Kennedy anywhere in the name. Indeed, it took some gall for Dreyfus to even accept the award. I searched her resume to find any evidence that she ever wrote a funny line or witticism of her own, which should be the criterion and usually has been, even with wan selections like Tina Fey, a minor wit if there ever was one. The precedent for Louis-Dreyfus would be Carol Burnett, who also is just a comic actress whose wit comes from other artists, though she bestrides the like of Fey and Louis-Dreyfus like a Colossus. Sad and politically incorrect to admit, but comedy just isn’t a field where women seem to excel, so once again, the quest for diversity involves a compromise in values. Continue reading

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Morning Ethics Warm-Up, 11/20/18: Sad Scam, Old Movie, New Rules, Idiotic Emails, And Dead Dinner

Good Morning

Items of note…

1. The Johnny Bobbitt scam story continues...That heartwarming story I highlighted in an Ethics Hero post last year continues to deteriorate. Kate McClure, who conspired with homeless vet Bobbitt to persuade old softies to give over $400,000 to a GoFundMe campaign apparently blames her complicit boyfriend for the debacle.  In a recording shared with “Good Morning America”  by her lawyers, McClure is heard telling her now ex- ( I assume he’s now an ex…) Mark D’Amico,  “You started the whole fucking thing, you did everything! I had no part in any of this, and I’m the one fucking taking the fall!”

I don’t understand the reasoning of people who make this kind of argument. McClure went on TV to tell her phony story, which was about her getting stranded and being rescued by Bobbitt. How can she accuse D’Amico of “starting the whole thing”? Even if the plot was his idea, all she had to do was say “no.” “He made me do it” was always a lame excuse, and when women use it to duck accountability today it is lamer than ever. Did D’Amico hold a gun to her head? Have her parents bound and gagged as hostages? Absent those forms of coercion or something equivalent, she has no argument for avoiding accountability.

2.  “Sixteen Candles” ethics: Why didn’t anyone show this scene during the Kavanaugh hearings?  Since I’ve been wiped out with my Three Year Killer Cold, I’ve been watching all sorts of strange things on TV. Late last night it was the John Hughes 1984 classic “Sixteen Candles,” now a special target of the Officially Offended and the Political Correctness Police. Ah, those golden, halycon days when a film could get laughs with a goofy Chinese character named Long Duc Dong who could be introduced with a gong sound  every time he appeared and who inexplicably dived out of a tree shouting (in Japanese) “Bonzai!”  Cringe-producing though it is, the film still provides valuable cultural perspective.

I had forgotten the scene in which awkward, scrawny, horny young teen Anthony Michael Hall jumps Molly Ringwald not once but twice in rapid succession, misunderstanding, somehow, her friendly demeanor as a come-on. She effortlessly pushes him away both times, he is abashed, she shrugs it off, and they continue talking. Hall’s actions nonetheless would be described by many today as a sexual assault, when in the film they were originally intended to represent—and did— a typical embarrassing experiment as a maturing child explores sexual norms.

I imagine that the “attempted rape” described by Dr. Blasey Ford might well have looked just as ridiculous if it had been filmed. I also imagined Ringwald’s character, now flushed with progressive fervor and “woke,” deciding decades later to reframe the absurd encounter all those decades ago as something it was not, and crashing a now mature Anthony Michael Hall’s reputation and career to the applause of the progressive echo chamber.

Anthony Michael Hall is just three years younger than Brett Kavanaugh. Here is what he looks like now, and how he appeared when he covered Molly Ringwald like an octopus in “Sixteen Candles.” . The time frame of the film is approximately the same as the alleged Kavanaugh-Ford incident.

How can anyone seriously—not just seriously, but self-righteously and angrily— argue that the conduct of the child in a completely different cultural context is relevant to the trustworthiness of the adult? Continue reading

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Sunday Ethics Warm-Up, 11/18/18: “The Show Must Go On” Edition

Here we are.

After a brief recovery Friday the 16th, an early morning seminar for D.C. Bar admittees yesterday crashed me entirely, which is why there were no posts. I almost didn’t make it to the end of the program, which surprised and alarmed me; the last few minutes were excruciating. But I have never cancelled a seminar, and when I do, it will be because my metaphorical chips are about to be cashed. Those who know my theatrical history will recall that I damaged my lungs in college staging and performing a professional dinner theater show six days a week (during final exams)  while I was suffering from a serious bronchitis attack; that I refused to cancel in-door performances of The American Century Theater (RIP) during snow storms, and one out-door performance during an electrical storm. Not being able to do my job and fulfill my responsibilities due to illness or injury absolutely crushes me (like many of my obsessions, this one is partially Dad’s fault: he refused to take sick days), and keeping Ethics Alarms current is the least burdensome of my responsibilities.

Once again, I apologize.

1. More apologies, Arlington High School Dept.: My ill-timed illness is also keeping me away from my 50th high school class reunion. I intended to make it, and wanted to make it: I had a wonderful time in high school, and met many of the best people I have ever known while I was there. Past reunions have been somewhat depressing for me: seeing people I remember vividly as young, vital and full of excitement for the future looking as old as they are and often feeling defeated by life makes me feel old, and the inevitable sad cases who feel he or she has to boast about successes and wonderful kids caused me stress as I barely controlled the urge to tell them off. Nonetheless, I regard attendance at such milestones as an obligation to the past, a demonstration of respect for where we have come from and the people and institutions that got us to where we are. And, of course, the more old friends who attend, the better the experience is for everyone. I wish there was a way to let my classmates know that I still think about them and care about them. This blog isn’t it.

2. Who made bad losers in politics respectable? When public trust in democratic institutions reached some yet-to-be-determined tipping point, a democracy is finished. Once, not too long ago, the tradition in American politics was that the defeated candidate—the office didn’t matter, nor did the margin of victory—conceded the race in a timely fashion, congratulated his or her opponent, and vowed to help and assist the victor as much as possible.  This not only modeled graciousness and good sportsmanship, but also protected the system. Now every election shows this healthy model being further pushed into cultural obscurity, with a new low being established in Georgia last week, when the loser of the governor’s race, Stacey Abrams, blamed her loss on a failure of democracy, refused to officially concede while admitting that she had lost, and announced a lawsuit alleging that Governor-Elect Brian Kemp and Republicans had tampered with the election without offering any proof or evidence. Well, maybe this wasn’t the new low; it would be hard to top Roy Moore.

3. The new Title IX rules. The Education Department finally released new guidance on how  Title IX, the federal statute that forbids sex and gender-based discrimination in public schools and colleges, should be enforced. This was desperately needed after the Obama Administration had muddled and corrupted the process with blatant gender bias and its infamous “Dear Colleague” letter, creating a culture that undermined free expression and due process on college campuses and due process rights for students accused of sexual misconduct. Continue reading

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Ethics Observations On The Michael Avenatti Arrest

Welcome to karma, Michael Avenetti!

News item:

“Attorney Michael Avenatti has been placed under arrest on suspicion of felony domestic violence and was booked early Wednesday evening.

Los Angeles Police Department officer Jeff Lee said the domestic violence report was taken on Tuesday in West Los Angeles and the arrest was made Wednesday.
“We can confirm that today LAPD Detectives arrested Michael Avenatti on suspicion of domestic violence. This is an ongoing investigation and we will provide more details as they become available,” the LAPD Twitter account posted Wednesday. In a statement, Avenatti called the allegations “completely bogus.”

…Avenatti posted $50,000 bail and left police custody Wednesday evening. He told reporters waiting outside the station, “I have never struck a woman. I never will strike a woman.”

“I am confident I will be fully exonerated,” he added.

…Avenatti emerged this year as a regular antagonist of President Donald Trump, beginning with his legal representation of Stormy Daniels and his frequent media appearances..he has publicly flirted with a potential bid for the Democratic presidential nomination to challenge Trump in 2020. The alleged domestic violence incident could dash Avenatti’s prospects as a potential insurgent Democratic candidate and clash with the image he has presented of himself as an advocate for women, including Daniels in her clash with Trump and an accuser against recently confirmed Justice Brett Kavanaugh.

The Vermont Democratic Party canceled Avenatti’s appearances for Friday and Saturday following his arrest, and it will refund all ticket sales, said Christopher Di Mezzo, the party’s communications director.

This story is like a great, big, ethics piñata that got hit squarely by a stick and spilled ethics candy all over the floor!

Observations:

1. Is it unethical to take pleasure in the misfortune of another, even a grandstanding, publicity-obsessed gasbag who makes me want to burn my bar card? Nah, not when the inspiration for mirth is condign justice. Like Michael Cohen, the shenanigans of Avenatti were signature significance for a phony and a charlatan, and his fall was just a matter of time.

We should always take pleasure in the exposure of such public figures, however it occurs. Continue reading

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Election Day Ethics Warm-Up, But Mostly What Yesterday’s Warm-Up Would Have Been If My Whole Day Hadn’t Spun Wildly Out Of Control…

Good Morning, Voters!

1. From the “bias makes you stupid” files. Yesterday two smart, once reasonable Massachusetts lawyers of the female persuasion debated me regarding the appropriateness of Dr. Blasey Ford’s late and unsubstantiated hit on Brett Kavanaugh. They were obnoxious about it, too, rolling their eyes and giggling to each other at my position, with one saying that I sounded like her “Southern friends.” I like them both, but a better example of how bias makes you stupid could hardly be devised. Their primary reason why Blasey Ford’s suddenly recalled trauma from the distant past should have been allowed to smear a qualified nominee for the Supreme Court in nationally televised hearings was this: women and girls in those les-enlightened days had good reason not to report rape and sexual assault, as they often were not believed and because a “boys will be boys” attitude prevailed in the culture. Moreover, they said, almost in unison, women still have good reasons not to report sexual assault. “Do you have daughters?” they asked, “gotcha!”-style.

To anyone whose ethics alarms are in good working order and who recognizes the difference between an emotional argument born of gender and partisan alliances and a good one, the rebuttal is obvious and comprises a general ethics principle:

One person’s misfortune, no matter how tragic or unjust, never justifies being unfair or unjust to somebody else.

Accusing anyone of anything three decades after the alleged incident is unfair.

Publicizing an allegation that cannot be verified and for which there is no supporting evidence is unfair.

Using alleged misconduct as a minor to impugn the character  of an adult and a professional with an unblemished record of good conduct is unfair.

Dispensing with a presumption of innocence under any circumstances is unfair.

Dispensing with due process under any circumstances is unfair, because due process is itself fairness. (The two lawyers kept saying that this was not a trail so due process was not involved. The argument is either disingenuous or ignorant. Due process just means procedural fairness, in any context.)

Punishing one individual male for the fact that other males have escaped accountability for sexual misconduct is unfair-–and illogical.

Giving special considerations to one individual female because other females have been unfairly treated regarding their allegations is unfair—and illogical.

The two female lawyers kept saying that my position is a conservative one. It is not. It is not an ideological position in any way, though their position certainly is. May they regain intellectual integrity soon. And I forgive them for being so utterly insulting during our debate.

2. This is essentially a Big Lie argument from Vox: Ezra Klein, Vox creator, tweeted,

I don’t think people are ready for the crisis that will follow if Democrats win the House popular vote but not the majority. After Kavanaugh, Trump, Garland, Citizens United, Bush v. Gore, etc, the party is on the edge of losing faith in the system (and reasonably so).

An esteemed commenter recently accused me of being unfairly dismissive and insulting when a commenter dissents. That’s occasionally true but not generally true, and one circumstance where I may become dismissive and insulting is when a position is indefensible, like this one. It is either dishonest or so obtuse that no one capable of writing it down should be trusted again. Continue reading

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Saturday Ethics Warm-Up. 11/3/2018: Cohen Does What He Does, Ocasio-Cortez Mongers Hate, And Hoggett Goes Rogue

I’ll give you a morning golden and true…

1 .Regarding Michael Cohen. The news media, Trump-haters and “the resistance’ are all giddy over Michael Cohen claiming that President Trump made racist comments in his presence. Lawyers who say such things about clients get disbarred. They get disbarred because it is proof that they lack the honesty, trustworthiness and integrity to be trusted professionals.There is no reason whatsoever to trust Michael Cohen, so relying on his account of anything is just an exercise in confirmation bias. He is not a reliable source, and what he says at this point should be taken for what it is: the latest effort by a desperate crook to somehow survive the consequences of his own low-life ways.

2. Alexandria Ocasio-Cortez easily makes my list of the dozen most unethical candidates seeking election next week; I hope to get that up soon. Here is the fundraising email the New York socialist sent out:

“Six days from now, we can defeat the brutal white supremacist forces of anti-Semitism, anti-immigrant nativism, and racism.We can hold accountable the cold-hearted monsters who have repeatedly attacked our health care. We can send a message to the bigots and billionaires that this country belongs to all of us. We can win if we show up on November 6. We must end Republican control of Congress and begin to reclaim our nation. A Democratic majority will not bring back the eleven Jewish people in Pittsburgh, massacred while they prayed. Or the two Black people gunned down days before at a Kroger grocery store in Kentucky. It won’t fully stop the relentless attacks against immigrants in America. But on Sunday evening, Pittsburgh mourners—angry and broken-hearted like us—chanted ‘Vote! Vote! Vote!’ They understand the magnitude of the midterm election six days from today: that it affords us the chance to forge a powerful bulwark against Donald Trump’s hate and hold accountable the Republicans who have been complicit in every step of his toxic, self-serving, and destructive agenda. We must offer a path out of the darkness….This is our chance to take action in solidarity with everyone whose lives are threatened by the hate-filled policies of Trump and the GOP,” she says. “Our chance to push back against white supremacist forces across our nation, against the xenophobes who are militarizing the border, against the bigots who seek to erase our transgender families, against the apologists for sexual assault and the Islamophobes who sow hate to divide us.”

I considered doing an ethics audit of this screed—remember, she’s supposed to be a rising star of the Democratic Party—but decided that any objective reader here is more than capable of doing so without any help from me. Res ipsa loquitur.

How should we characterize someone who would vote to give power to a candidate willing to sign such a message?

3.  By all means, let’s believe all female accusers...Judy Munro-Leighton, who as “Jane Doe” accused Brett Kavanaugh of rape in an email to Senator Kamala Harris, was treated as a credible accuser and caused the Judiciary Committee to question the SCOTUS nominee about her claims. Now she admits that it was all a partisan-driven lie.

Who suspected that?

She confessed to Committee investigators that she “just wanted to get attention” and that “it was a tactic.” She said she had called Congress during the Kavanaugh hearing process before the Blasey-Ford  accusation multiple times  to oppose Kavanaugh’s nomination. Regarding the false sexual-assault allegation sent to the Committee through Harris, she said: “I was angry, and I sent it out.” Asked  whether she had ever met Judge Kavanaugh, she said: “Oh Lord, no.”

Her false rape allegations against Kavanaugh had exactly as much corroborating evidence as Blasey-Ford’s: none whatsoever. Yet, still, to this second, an astounding number of smart, reasonable Democrats, especially women, argue, and presumably believe, that such an accusation–in Blasey Ford’s case, one that is three decades old and dates from high school— should disqualify a man with an unblemished adult and professional reputation from high office. And they are indignant about it, too.

I don’t get it.

Reportedly, the Senate received over a thousand claims from women claiming that Kavanaugh sexually assaulted or harassed them.

The Senate has asked for criminal sanctions against Munro-Leighton.

Good. Continue reading

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