Last Minute Sunday Ethics Smorgasbord, 9/23/18

Good night.

1. Hotel ethics. My hotel in Boston happily offered a bargain rate, but didn’t explain why they had a bargain rate: it is under remodeling and construction. No restaurant. “Hinky” cell phone service (translation; cell phone calls cut off mid call. Also, the remodeled rooms have some bugs to work out. I thought I was going crazy because I couldn’t find an outlet for my computer by the desk. Oops! It’s across the room, in a dark corner. The desk clerk had to hunt for it. “I guess we have to fix that,” he said, abashed. I guess.

Hotels under construction never tell you they are under construction, but they have nice “pardon our dust!’ signs, and others that say, “We are making a better hotel experience!”  Maybe for the guests next month, but I’m here now.

2. “Just when I thought I was out… they pull me back in!”  [ Is this the most famous and useful quote from a really bad movie?] I really thought, stupid me, that the conduct of Democrats and “the resistance” in the Brett Kavanaugh Ethics Train Wreck couldn’t get any more unethical or revolting after my long update post this morning. After all, it’s a Sunday! Don’t the Unethical rest? Obviously not:

  • Senator Mazie Hirono (D-Ha) wrapped up an Incompetent Elected Official of the Month award on Sunday by telling a stunned Jake Tapper that she didn’t believe conservatives deserved a presumption of innocence, or, apparently, due process. But these are the un-American totalitarian values that progressives are promoting today. Does the public understand what this will mean for the country?

Asked by Tapper if she would concede that Kavanaugh deserves to be proven guilty before he is presumed guilty, Hirono said that a conservative judicial philosophy reduces his credibility. “I put his denial in the context of everything that I know about him in terms of how he approaches his cases,” Hirono said.”His credibility is already very questionable in my mind. …  When I say that he’s very outcome-driven, he has an ideological agenda, and I can sit here and talk to you about some of the cases that exemplify his, in my view, inability to be fair.”

Would that Jake, who is one of the fairer broadcast journalists, had the guts and integrity to ask, “Wait—your party ran Hillary Clinton, who helped get her husband elected by intimidating his sexual assault victims, your party lionized Senator Kennedy, who left a young woman to drown rather than deal with questions regarding why he was with her late at night on a remote road, your party’s deputy chairman has been credibly accused of domestic abuse, Harvey Weinstein was one of Hillary’s major contributors in 2016, and you’re saying that Judge Kavanaugh’s credibility is questionable? And you’re arguing that a judge with no blemishes on his record should be presumed guilty because he’s not fair? Do you not see the irony in that?” [Pointer: Zoltar Speaks!] Continue reading

Brett Kavanaugh Nomination Ethics Train Wreck Report: The Lurking Smear, The Twin, The Hysterical Professor, And Other Things

I have some major ethics issues to explore in other areas, and oh how I wish this one would go away...

1.  As predicted, conservative gadfly Ed Whelan woke up, slapped his forehead, and, perhaps after talking to his lawyer (though he is one), decided that he needed to apologize, and quick. Thus he tweeted,

“I made an appalling and inexcusable mistake of judgment in posting the tweet thread in a way that identified Kavanaugh’s Georgetown Prep classmate. I take full responsibility for that mistake, and I deeply apologize for it. I realize that does not undo the mistake.”

As apologies go, this is an excellent one. Unfortunately, it does not undo the mistake, and the mistake was so egregious and obvious that, as Whelan knows, the fact the he would make it undermines his authority and credibility. People have come back from worse, but not often, and it isn’t easy. It shouldn’t be easy. Then there is the fact that his victim has a very strong case for a defamation law suit.

2. The question now is whether any currently recognized standards of fairness or justice excuses rejecting Judge Kavanaugh on the basis of the evidence. A left-tilting professor, Christine Blasey Ford, has stated that she and four other people attended a small party over thirty years ago, during which which she was allegedly assaulted by a 17-year-old Brett Kavanaugh. Three of those people, PJ Smyth, Mark Judge, and Kavanaugh, have no w said that they have no recollection of attending such a party or of such an incident. Last night the fourth “witness,” a classmate of Ford’s at  Holton-Arms named Leland Ingham Keyser issued a statement denying any recollection of attending a party with Brett Kavanaugh.

“Simply put, Ms. Keyser does not know Mr. Kavanaugh and she has no recollection of ever being at a party or gathering where he was present, with, or without, Dr. Ford,” lawyer Howard J. Walsh said in a statement sent to the Senate Judiciary Committee. Keyser is not, like Mark Judge, a likely Kavanaugh ally. In fact, she is  is reportedly a lifelong friend of Ford’s.

Thus this is no longer a “she said/he said,” but a she said/ he said, and he said, and she said, and she said. Those who say “We believe Christine Blasey Ford” have no ethical or logical basis for doing so, just gender bias, a partisan agenda, and political animosity toward Kavanaugh. If it were a legal case, this one would be dropped as potentially embarrassing and a travesty of justice.

3. Garrett Ventry, a Senate Judiciary Committee spokesperson hired to help shepherd Brett Kavanaugh’s Supreme Court nomination, resigned when it was revealed that there had been a past allegation of sexual harassment against him.

“Garrett was one of several temporary staff brought on to assist in the committee’s consideration of the Supreme Court nomination, a team that has done outstanding work,” a Judiciary Committee spokesperson said in a statement. “While he strongly denies allegations of wrongdoing, he decided to resign to avoid causing any distraction from the work of the committee.”

I see no reason not to expect that in due time, every male politician, commentator, lawyer, judge, journalist, business executive and crossword puzzle champion will have one or more past allegations of sexual harassment or other sex or gender-related misconduct in their past, present or future, and since all women must be believed on this particular topic, the males will be permanently handicapped in any career or life objective they pursue. I have been scrupulously respectful of women in my personal and professional life since before I could vote, but I have been forced to try to imagine any incident as far back as high school that could be re-interpreted as nouveau sexual misconduct by a long-forgotten acquaintance or object of lust who wants to harm me. So far, I can’t think of any, nor of anyone in my past so full of hate and ideological mania that she would do such a thing. But today people are trying to ruin baseball players using tweets they authored in their teens. Actors have been suspended or lost jobs based on unsubstantiated accusations, and other performers have seen themselves turned into unemployable pariahs for expressing views about #MeToo a lot milder than some of my ethics posts. The idea is to make people afraid to talk, write, or think.

I’m sure my accuser is out there somewhere. Continue reading

Morning Ethics Warm-Up, 9/21/18: “Ho Ho Hey Hey!”

Good morning!

1.  Oh! You’re bigots and fools, then! Got it. I was watching a mob of—I don’t know, feminists? The “resistance”? chanting yesterday at the Senate: “I believe Anita Hill! I believe Blasey Ford!” I believe that the only reasonable translation of this particular chant—all chants make protesters sound dumb, some chants more than others; at least this one doesn’t start with “Ho ho, hey hey!”—is “I believe whatever story supports my political agenda, and I believe people according to what they are, rather than based on any objective criteria!”

I guess it’s not sufficiently catchy.

2. In case you aren’t nauseous enough...Former NFL quarterback Colin Kaepernick will be one of the eight honorees of Harvard University for their contributions to black history and culture, the university announced yesterday.

Kaepernick, distinguished for his incoherent on field protest  during the national anthem, instantly setting off the NFL’s version of  #MeToo, as in “I want make my own pointless, annoying protest that I can’t adequately explain!,” thus costing the NFL fans and billions of dollars, will receive the W.E.B. Du Bois Medal from Harvard’s  Hutchins Center for African and African American Research. The deliberately divisive honor to Kaepernick, who favors socks with cartoons of pigs in police uniforms, is apparently the work of Henry Louis Gates Jr., director of the Hutchins Center and Barack Obama pal. You may remember Professor Gates as the race-baiting catalyst for Obama’s “beer summit,” after Gates impugned the character of a Cambridge police officer. No personal agendas here!

The award supposedly honors individuals who “Emerging from a variety of backgrounds and professions…represent the quest for knowledge, freedom of expression, and pursuit of truth that are foundational to black history and culture, and that were foundational to Du Bois as a thinker and activist.”

Yup, that sure sounds like Colin Kaepernick!

3. Ed Whelan, call your ethicist! Ed Whelan, an attorney and president of the conservative Ethics and Public Policy Center, upped the craziness quotient in the Kavanaugh confirmation process and took a First Class seat on the Brett Kavanaugh Nomination Ethics Train Wreck by announcing that Ford’s accusation from three decades ago was based on mistaken identity, and that another student, whom Whelan named and thoroughly doxxed, along with publishing his yearbook photo, was the real alleged assailant.

Well, you can’t just accuse a random private citizen of sexual assault, or even alleged, unsubstantiated sexual assault while a drunken high schooler. I know Ed went to Harvard College and Harvard Law School, but even then, he’s no idiot. I have to believe that this isn’t just an unfounded accusation, because  Ed knows that he’s asking for a lawsuit if it is. He wrote:

“By one week from today, I expect that Judge Kavanaugh will have been clearly vindicated on this matter. Specifically, I expect that compelling evidence will show his categorical denial to be truthful. There will be no cloud over him.”

Whelan has to deliver on a statement like that, or have his own reputation permanently scarred. The only explanation I can come up with is that Kavanaugh’s  twin has already agreed to admit to being at the infamous party and having some kind of episode involving Ford. Of course, there will be no reason to believe him, either.

Still, I may go to the Senate and chant, “I believe Brett Kavanaugh, I believe his secret twin!”

Just for fun. Continue reading

Morning Ethics Warm-Up, 9/20/2018: Trying To Get All Of The Brett Kavanaugh Nomination Ethics Train Wreck—Or Is It The Harvey Weinstein Ethics Train Wreck?— Debris Cleared So I Can Write About Something Else [UPDATED]

Good Morning!

[Actually, it’s late at night. Somehow today’s original warm-up vanished; not sure how. It’s back now. Sorry for whatever it was...and my apologies for the confusion. Luckily, the comments were preserved.]

1. #MeToo, ethics corrupter. The Kavanaugh hearing fiasco shows that #MeToo, like Black Lives Matter, has become an ethics corrupter. It has handed women the power to destroy men without fairness, proportion or due process, and because power does, in fact, corrupt, the results have been predictable. Since it involves tribal divisions and victim-mongering, Democrats have benefited from the movement, while acceding to making misandry fashionable and acceptable, just as the party embraced Black Lives Matter with its promotion of anti-white racism and the vilification of police.

Once #MeToo started being about partisan political gain rather than recognizing the serious problem of sexual harassment and abuse in the workplace and elsewhere, it compromised its objectives and eroded its credibility. If Brett Kavanaugh’s accuser refuses to appear before the Judiciary Committee, her motives and those of her supporters will be in plain sight.

They should be anyway. Were it not for the news media’s near complete abdication of its duty to inform the public without regard for how facts will affect elections, Democrats would already be thoroughly exposed as hypocrites. How in the world can leaders of the Democratic Party demand a futile FBI investigation of a 30-year-old incident at a high school party while the party’s own co-chair, Keith Ellison, has been credibly accused of domestic abuse, a current, provable crime that #MeToo cares about, and he has not been suspended, investigated, or even widely criticized?

#MeToo power is also being used to censor dissent. Ian Buruma, the editor of the New York Times Review of Books has been forced to resign because he approved an essay by a #MeToo-targeted journalist who was eventually acquitted in court. His essay described how public accusations alone, without verification or confirmation, are enough to destroy a mans’s life and livelihood. “There has indeed been enough humiliation for a lifetime,” the author, Jian Ghomeshi wrote. “I cannot just move to another town and reboot with a pseudonym. I’m constantly competing with a villainous version of myself online. This is the power of a contemporary mass shaming.” The #MeToo social media mob was so outraged that it drove Burama to resign.

And he was so good at making sure almost every book review included some Trump-bashing, too! Continue reading

The Attack Of The Unethical Women

I had pretty much concluded that Christine Blasey Ford was contemptible based on her willingness to impugn a public servant’s integrity, derail what should be an orderly and fair political process, and manipulate the U.S. Supreme Court’s membership using a three decades old allegation that involved, at worst, teenage misconduct. She did this with full knowledge of how #MeToo has unjustly harmed other men simply by raising unprovable rumors and characterizations. In fact, it seems clear that she chose her course of action knowing that she could harm Brett Kavanaugh the same way. If the allegation was politically motivated, as I strongly suspect it was, she is unethical and despicable. If the motive was late vengeance for a teenager’s indiscretion, she is unethical and despicable.

Imagine someone you may have harmed when you were an immature teen. That individual never calls you to account, privately or officially. She never urges you to apologize, accept responsibility, or make amends, or gives you an opportunity to do so. No, she maintains the grievance in escrow, to bring it out years or decades later when the accusation will not only do the most damage, but will also be impossible to defend against. What a cruel, horrible, inhuman way to treat anyone.

First Ford attempted to harm Kavanaugh anonymously. Then, when that wasn’t going to work, she announced her accusation in the news media.

What is being ignored by all those rationalizing Ford’s actions is that that the harm to alleged wrongdoers is magnified and multiplied the longer a victim delays calling for accountability. If Kavanaugh did what he is alleged to have done, he should still have the right to deal with the consequences, accept punishment if any, and be able to get on with his life, set a straight course, and prove his character and values as an adult. Wouldn’t anyone want that opportunity? Shouldn’t any 17-year-old miscreant have that opportunity? As I have already noted, Ford’s conduct is an anti-Golden Rule monstrosity.

It also creates the equivalent of ethics toxic waste. In a just society, nobody is pronounced guilty until guilt is proven, and nobody is publicly accused unless the offense is provable.  A prosecutor who knows that there isn’t evidence to convict someone of an offense is violating prosecutoral ethics to bring charges. Ethically, the principles follow. If you cannot prove an accusation, if all you have is your word and nothing else, if there is no chance that any evidence will arise that supports your version of events, you must be, at very least, absolutely certain that you are correct. Ford cannot be 100% certain. Not after more than 30 years, and especially after a long period in which she says she had forgotten about the alleged episode. There are many, many memorable episodes in my life, and I have always had a remarkable memory for events I witnessed or took part in. Such memories, however, shift and blur over time. No 30 year-old memory is 100% reliable, and because we, well, those of us who are fair and honest, know that is true, no 30-year memory should be employed as a weapon or personal destruction. Ford’s memory is both destructive and impossible to defend against exactly because it is so old. Continue reading

Insomnia-Triggered Observations On The Blasey Ford-Kavanaugh Disaster

I don’t know if it is my usual sleeping in a hotel problem, my typical anxiety before an early morning ethics presentation, or the nauseating reality of what Christine Blasey Ford and the Democrats have inflicted on the political system and cultural norms of basic fairness and decency that has me awake writing a post at 5 am. I have my suspicions, though….

  • Judge Kavanaugh spoke to the Senate Judiciary committee via phone yesterday afternoon about the accusation of a three-decades old sexual assault while he was a prep school student. The committee Democrats refused to participate. I can’t reconcile this with a good faith effort to be fair to the nominee. Can you? It seems that the Democrats, having already made it clear that they will not vote for Kavanaugh for partisan reasons, have no compunction about making it clear that the allegation is just a convenient tool to engineer his defeat. They don’t really care about whether it is true or not.  It is simply a means to an end.

Is there any other conclusion?

  • Professor Rosa Brooks of my alma mater Georgetown Law Center (which has been embarrassing me a lot lately) pretty much sums up my position in a series of tweets. She writes:

I oppose Kavanaugh’s nomination, think senators should vote no based on his judicial record, but am uncomfortable with asserting that his behavior as a teen tells us anything about his “character” now. Yes, even if his behavior as a teen included doing exactly what Ford says he did. This is because….I don’t think teen behavior is predictive of adult behavior, and I am also skeptical of the very idea of “character” as we use the term in American politics. And……. there is a ton of solid research on the general idiocy of teenagers, especially teenaged boys, and the neuroscience that explains their general idiocy….as a lawyer I also think there are sound reasons behind statutes of limitations. After 35 years it is nearly impossible to conduct a full or fair investigation….This does not mean I consider sexual assault “excusable” or “minor.” It just means that I think the bad behavior of minors should be treated differently than the behavior of adults, and that adults should not be shadowed forever by misdeeds as children.

Bingo.

Sadly, the prof’s inner progressive asshole could not remain hidden for the duration of her tweet-storm. I emphatically do NOT concur with her final observation in the last set of tweets, in which she confirms that she is a hyper-partisan bigot who just had a brief, uncharacteristic moment of ethical clarity:

Kavanaugh’s accuser nonetheless deserves to be treated with dignity and consideration; belittling her or her motives should be considered unacceptable. If Kavanaugh responds to her accusations in a way that belittles her or other women who come forward with stories of sexual assault, THAT will definitely be relevant now. And to all who say “well yes but the GOP would draw and quarter any Dem nominee with similar accusations against him,” you’re right, but why would Dems want to do the same things the GOP does? But the GOP would not treat allegations of assault by a black teen as forgivingly,” I agree as well. But again, we shouldn’t conform to the bad behavior of others. Again, this is not because I am “defending” Kavanaugh: I’d vote NO, and for all I know he is a complete jerk and a serial sexual assaulter to boot. All I’m saying is: I am uncomfortable having the current allegation be the basis for opposing, given the above.

Why does Ford deserve to be treated with dignity and consideration? She attempted an anonymous smear job that no professional anywhere would consider fair. When it was clear that this wouldn’t accomplish her goal, she accused a man of politically-toxic misconduct with no more evidence than her own misty recalled memories. Apparently she does  not even recall what year the alleged assault occurred. Professor Brooks is just confirming her #MeToo privileges by embracing the sexist theory that women deserve to be treated differently than men. They don’t. Any man who did something like this to a female nominee would deserve to be condemned. What an air tight gotcha! for the increasingly ethics-free left: an irresponsible, unprovable attack on a mans’ reputation and career that he will be disqualified for treating as it deserves to be treated.

I’d like the law professor to explain why she holds Kavanaugh to this exalted standard of tolerance when she says she assume that Republicans would treat allegations of a black teen’s assault as damning. Now she is virtue-signaling to her colleagues, calling Republicans racists, because of course they are. This tweet would disqualify her, in my view, if President Harris or Warren or Winfrey nominated her for the Supreme Court, or any other post. She’s a bigot, her outrageous claim that he might be a “serial sexual assaulter” is contemptible public discourse.

  • Anyone who uses the fact that she took a lie-detector test  and passed it to support her claim reveals their own ignorance and intellectual dishonesty. The devices don’t work. There isn’t even any debate about it. Sociopaths can beat them, and so can the confused and deluded. There’s a reason why they are inadmissible as evidence in court. Several alleged victims of alien abductions have passed lie detector tests too.

Maybe a space alien assaulted Ford. Maybe Kavanaugh is a space alien. This fiasco is bad enough without lie detector nonsense.

  • Diane Feinstein officially qualifies as an Ethics Alarms Ethics Villain for her role in the episode, joining such disgraceful political characters as Chris Christie, and of course, Hillary Clinton. The San Francisco Chronicle laid much of it out neatly, concluding that her conduct

“..was unfair to Kavanaugh, unfair to his accuser and unfair to Feinstein’s colleagues — Democrats and Republicans alike — on the Senate Judiciary Committee.”

  • Does anyone recall that DNC Deputy Chair and Minnesota Congressman Keith Ellison has been accused domestic abuse by former girlfriend Karen Monahan? That accusation isn’t 35 years old and didn’t involve a teenager. It has also been substantiated by others.The Democrats have done nothing about this, except to “investigate it” and allow their mainstream news media allies to bury the story, at least long enough for the current hypocrisy to escape public notice.

Imagine: I heard a female Democratic senator intone yesterday that if Republicans did not delay the vote on Kavanaugh’s nomination, it would be “an insult to every woman” in the country. I regard allowing so dubious and unprovable a #MeToo accusation raised in such a blatantly political context to derail the confirmation of a qualified male candidate a threat to every American male alive. Let’s hand every woman the power to ruin any man, because in any “he said/she said” controversy, only the woman has a “right to be believed.”

Democrats are deliberately encouraging a national, cultural gender war.

More than 200 women who attended the same all-girls school as Supreme Court nominee Brett Kavanaugh’s accuser have signed an open letter supporting her allegations of sexual assault when they were both high school students.

The letter says the women — who graduated from the private Holton-Arms School in Bethesda, Md., between 1967 and 2018 — believe California psychology professor Christine Blasey Ford “and are grateful that she came forward to tell her story.”

“Dr. Blasey Ford’s experience is all too consistent with stories we heard and lived while attending Holton,” the letter says.

“Many of us are survivors ourselves.”

If I thought this was typical of the female ability to reason, I’d advocate banning women from positions of authority. The believe Ford because she’s a woman! They believe Ford because someone assaulted them! They are proudly proclaiming prejudice, misandry and bias. Nobody has any factual basis for believing either Ford or Kavanaugh. Here’s my bias: any position that relies on tactics like this letter is inherently suspect.

 

 

Monday Morning Ethics Warm-Up, 9/17/2018: Serena And Kavanaugh

Not everybody’s morning, but today (and tomorrow) Paul Morella’s stirring Clarence Darrow is MY morning, along with some fortunate and ethical Virginia lawyers…

Hi!

I’m getting ready for an early morning CLE seminar on the ethics lessons from Clarence Darrow’s career, so this is going to be quick and brief.

1 Now that’s a double standard! Ann Althouse flagged an aspect of the statistics on male penalties in tennis we discussed yesterday that I neglected to mention. The men play longer matches, five sets against the women’s three. Thus there is more time on the court to commit rules breaches. She also asks why women play less. That IS a double standard, but I’ve never heard a female player complain about it. She also writes,

Look at the prison population. It’s less than 10% women. Does that mean men are held to a high standard of behavior? I think we’re comfortable with the extreme gender disproportion because we feel awfully sure that men commit many more crimes, especially the kind of crimes that deserve a substantial prison sentence. We like thinking that the prisons are confining individuals who pose a danger to the rest of us, and we think of those people as overwhelmingly male. Maybe we’re wrong, but you can see we’re pretty resistant to the idea that there’s a “double standard” that’s unfair to men.

Ann’s comparison is a bit off, don’t you think? Yes, the prison stats presumably mean that men commit more crimes, but would any female defendant, in the face of such figures, throw a tantrum in court claiming that the system in biased against women?

2. High school. High school. I just listened to several critics of the late-hit accusation by Christine Blasey Ford against Brett Kavanaugh, as they expressed problems with the years, decades, that have passed since the alleged incident. Never mind the length of time: it was high school. The participants were minors.

Am I going crazy? First we had multiple baseball players who sportswriter were saying needed to be fined and suspended for politically incorrect tweets they made to their seven followers when they were still shaving only every other day, and now a distinguished judge, nominated to the Supreme Court, who has been cleared by six FBI background checks and assembled an unassailable career in a field, law, which makes character an entry level requirement, and an account of a drunken episode of teenage stupidity is considered relevant by progressives? In Washington state, liberals and especially feminists assembled to demand that a woman’s prior record of illegal drug dealing and gun possession be set aside as a reason to deny her a law license, and she was an adult when she was convicted and served time in prison. Are we really going to accept a new paradigm in which the mistakes we make on the way to adult responsibilities as clueless students and teenagers will be held against us forever, as if growing up doesn’t count?

I’ve been trying to think back to my high school years, my miserable dating experiences, and the dozens of stupid, wrong things I did that today embarrass me every time I’m reminded of them. Should those juvenile episodes continue to shadow my reputation and handicap my career forever? That seems to be what the latest anti-Kavanaugh strategy is arguing for. Continue reading

Bret Kavanaugh Nomination Ethics Train Wreck Update: Christine Blasey Ford, AKA “Anita Hill”

Now we know the name of the author of the late, through-the-mists-of-time character assassination attempt on Supreme Court nominee Brett Kavanaugh. Good. Realizing that her anonymous sniper attack wouldn’t be sufficient to accomplish the Democrats’ political objective, she identified herself in an interview with the Washington Post. She is Christine Blasey Ford, like Anita Hill a professor who decided to inject an ancient incident into the solemn process—well, it once was, anyway—of confirming a nominee to the Supreme Court.

The fact that the accusation is no longer anonymous changes some aspects of this latest—is it the most unethical? Probably—twist in the Kavanaugh Ethics Train Wreck saga so far. From the second the desperate Sen. Diane Feinstein—desperate to defeat a qualified conservative judge, desperate to bolster her standing with a California progressive base that finds her too moderate—released Ford’s allegation, it could be tagged “unethical” in five ways:

1 The accusation was anonymous, and thus could not be fairly confronted by the accused. UNFAIR.

2. The accusation was over 30 years old, meaning that all aspects of it, including the recollections of the alleged participants, would be inherently untrustworthy. This is why we have statutes of limitations. UNFAIR, and IRRESPONSIBLE.

3. The accusation was, and still is, unsubstantiated by anyone else. UNFAIR, and IRRESPONSIBLE.

4. The accusation was made against a distinguished public servant and family man with no documented blemishes on his record or character as an adult, stemming from an alleged incident that occurred, if it occurred, while he was a minor. UNFAIR

5. No complaint had been made against Kavanaugh by the accuser at any time in the intervening years, until his nomination by President Trump became a political rallying point for the Left. IRRESPONSIBLE.

Now there are only four. One would be too many. The accusation should not have been made, and should not have been made public. This is a simple Golden Rule equation: what innocent human being would want to be the target of an unprovable accusation like this, at a moment when a significant career advancing opportunity was in the balance? We must begin with the assumption that Kavanaugh is indeed innocent, because there is no substantiated evidence that he is not, and because as an adult, which is what matters now, he is innocent.

Do I believe Kavanaugh, who has unequivocally denied that the incident occurred? I have no reason or justification to believe or disbelieve him, and neither does anyone else. However, I would regard the incident as irrelevant to his confirmation even if he agreed that it happened. Would a report of such an incident when he was applying for bar membership be treated as sufficient proof of bad character to cause his application to be rejected? Absolutely not,  not in any jurisdiction in the nation. Would such conduct as a minor cause any adult with an impeccable record since high school to be rejected for any job or post? Are high school indiscretions that do not involve criminal prosecutions ever deemed relevant to adult employment? Never. (Well, hardly ever.) Continue reading

Saturday Afternoon Ethics Titillation, 9/15/18: Yes, Virginia, It Was A Smear…

A hurricane-free hello!

…at least in Northern Virginia. We had been told by breathless media and local government since early in then week that today and tomorrow would consist of heavy rain and dangerous winds. Naturally, today dawned clear, calm and menacing. The shelves in the supermarkets, however, were picked over as if a nuclear attack were imminent. At what point are urgent warnings no longer prudent but irresponsible and fear-mongering? At what point do they undermine the ability to get the public to take warnings seriously when there is a genuine threat? This area plays Chicken Little so often  and with such speculative provocation that I don’t trust the prognostications at all any more.

And who the heck buys up all the pickles to prepare for flooding?

1. Ethics Dunce: John Kerry. But anyone who didn’t know that by now wouldn’t be convinced by me, so I’ll just include poor, sad, useless and deluded John in a Saturday afternoon potpourri that hardly anyone reads. But what a jerk. We don’t enforce the Logan Act that prohibits private citizens from mucking around in our diplomacy, but under what justification can he argue for his negotiating with Iran? There is literally no good he can accomplish (there was little good he could accomplish when he was authorized to engage in diplomacy), and now his interference does is undermine the elected President and government.

Trump’s tweet…

John Kerry had illegal meetings with the very hostile Iranian Regime, which can only serve to undercut our great work to the detriment of the American people. He told them to wait out the Trump Administration! Was he registered under the Foreign Agents Registration Act? BAD!

…was predictably juvenile and superfluous, but, incredibly, Kerry’s return tweet was worse, and might as well have consisted of “Nyah nyah nyah!”

Mr. President, you should be more worried about Paul Manafort meeting with Robert Mueller than me meeting with Iran’s FM. But if you want to learn something about the nuclear agreement that made the world safer, buy my new book, Every Day Is Extra:

Wow. Begin by passing along the “resistance” myth that there just has to be some smoking gun proving the President rigged the election, follow it up with the batty theory that giving the #1 purveyor of world terrorism billions of dollars to play with “makes the world safer,” and then hint that the real reason he’s openly interfering with U.S. diplomacy is to sell his book.

Yechhh.

2. A plug for a really smart friend who debunked a Democrat smear: Senator Feinstein’s despicable desperation sliming of Brett Kavanaugh, a real “Have you no decency at all?”-worthy moment, prompted a nasty conspiracy theory yesterday.  The fact that the GOP could rapidly release a letter with 65 female acquaintances from the nominee’s high school years certifying that his anonymous accuser has described conduct wildly out of character being cited as proof that the alleged episode was already known by the administration, and thus has some basis in fact.

Virginia Hume, known to some as the politically active daughter of veteran broadcast journalist Britt Hume and known to me as a smart, clever, astute woman who worked for me 30 years ago, authored a piece for the Weekly Standard explaining how the letter came together so quickly. She knows, because she signed it.

She writes in part…

“The letter was conceived and drafted by friends of Brett’s, and it was drafted after allegations came out on Thursday. I learned about the letter from a friend and fellow signatory. Others learned about it the same way. Those surprised at the speed with which it came together should see it as yet another testament to Brett’s excellent reputation”

Elsewhere in the article are examples of Virginia’s characteristic wit. I can vouch without reservation for her honesty and integrity. I would trust her with my life. More than that, I would trust her with my dog. Continue reading

Morning Ethics Warm-Up, 9/14/18: A Newly Christened Ethics Train Wreck!

Good Morn…ARRRGH!!!

1. As predicted…The wounded Ethics Alarms commenter who sued me for defamation is appealing the Massachusetts judge’s ruling granting my motion to dismiss for failure to state a cause of action. His main objective, I assume, is just to waste as much of my time and money as possible. Apparently he either has posted or will post the entire transcript of the hearing and a recording of the proceedings on his website.

2. It’s official! The Bret Kavanaugh confirmation is officially and ethics train wreck. It was already a national embarrassment. Putting it over the top and on the metaphorical rails was the truly nauseating smear attempted by Senator Diane Feinstein (D-Cal). Here is her statement:

“I have received information from an individual concerning the nomination of Brett Kavanaugh to the Supreme Court. That individual strongly requested confidentiality, declined to come forward or press the matter further, and I have honored that decision. I have, however, referred the matter to federal investigative authorities.”

This is pure innuendo with no content whatsoever, and thus dirty politics, indeed McCarthyite politics. But wait! There’s more! From the Intercept:

It purportedly describes an incident that was relayed to someone affiliated with Stanford University, who authored the letter and sent it to Rep. Anna Eshoo, a Democrat who represents the area. Different sources provided different accounts of the contents of the letter, and some of the sources said they themselves had heard different versions, but the one consistent theme was that it describes an incident involving Kavanaugh and a woman while they were in high school.

I’m sorry if heads are exploding, but I’m especially concerned about those who will try to rationalize what Feinstein, and the Democrats, are doing in their desperation to defeat the nomination of a completely qualified Supreme Court candidate. A second, third or fourth-hand hearsay account from an anonymous source alleging  some kind of possibly sexual misconduct (by 2018 #MeToo rules, I’m sure) was passed along to Feinstein, who announced that she was referring it to the Justice Department, and the alleged conduct of an undefined nature occurred when Kavanaugh was a high school student. Continue reading