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

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

Morning Ethics Warm-Up, 10/5/18: The Brett Kavanaugh Nomination Ethics Train Wreck STILL Keeps Rolling Along, But There’s Always Baseball, So Hope Survives

Good Morning!

1. Ethics Dunce, Brett Kavanaugh Nomination Ethics Train Wreck Division: Retired Justice John Paul Stevens, who has already set a record for Supreme Court justices making post-career foolish statements that undermine their reputations, just violated a previously unbreached principle of professional ethics and protocol for ex-Justices. He told a private group that Kavanaugh doesn’t belong on the Court because of his “temperament.” I was thinking of ranking the rapidly proliferating bogus excuses for voting down Kavavaugh (I posted this instead). The temperament one is near the bottom of the barrel, in a layer or two above throwing ice and the comments in his yearbook. In his entire judicial career, there have been no incidents of unprofessional temperament or demeanor, and somehow I think that if any sitting judge was accused of being a rapist by a witness or a lawyer in his courtroom, an outburst of anger would be considered excusable. It’s a bad and unfair “gotcha!” argument by Democrats, but even it it was valid, Stevens is not supposed to be commenting on who belongs on the Court….just as Barack Obama should not be attacking his predecessor after George W. Bush was so exemplary in not attacking his successor.

2. Weird baseball ethics. I meant to include this one yesterday. In the Colorado-Cubs wild card play-off game, runners were on first and second with one out when a slow bouncer was hit to Rockies third-sacker Nolan Arrenado just as Cubs runner Javy Baez approached him on the way to third. Arenado tagged Baez out, and Baez wrapped his arms around him. Meanwhile, the runner on first went to second, and the batter reached first. Arenado smiled and disentangled himself, but he didn’t–couldn’t—throw to either base for another out.

It was absolutely interference. A runner can’t do that, but the umpires didn’t call it (the double play would have been called without a throw, and the inning ended), so the frame continued.  The game was close, and if the Cubs had scored (they didn’t) that inning, it would have been because Baez broke the rules and the umpires didn’t notice (or care). The announcers opined that Arenado didn’t “sell it,” that if he had violently pushed Baez away and tried to make a throw, interference might have been called. Instead, he smiled and treated Baez’s hug  like a sentimental show of affection.

Once upon a time, before player unions, huge contracts and routine fraternization, no player would have expressed friendly amusement as Arenado did. Nolan is the Rockies best player, and he stopped concentrating on the game. Only moral luck stopped it from being a disastrous lapse. Continue reading

Morning Ethics Warm-Up, 10/4/18: On Baseball, Mocking Ford, Apologies, and “Tax Schemes”

Good Morning!

[BOY its been hard keeping up on ethics blogging between air travel, a balky laptop, seminars, the new firm and, most of all, ushering the Red Sox to a World Championship. Yesterday was classic: I had multiple posts composed in my head, and literally was never able to find time to work on them. I’m sorry. I’ll figure it out…]

1 Baseball ethics: The exciting Cubs-Rockies Wild Card elimination game was set up by the Colorado 12-0 win over the Washington Nationals on the final day of the season. Thus the Rockies ended the season in a tie with the Dodgers on top of the NL West, requiring one of the two tie-breaking games on Monday. These were ratings bonanzas for baseball and the networks showing them, leading to conspiracy theories regarding that last Rockies victory.  Max Scherzer, arguably the best pitcher in the league, was supposed to start the game fr Washington, and if he had, its safe to say that the Rockies would not have won 12-0, if at all. Reportedly he wanted to start the game, but the Nationals decided late to start the immortal Eric Fedde. Were they trying to give the game to the Rockies? Did orders come down from MLB to tank?

The theory makes no sense, because the suits and networks are always rooting for the big media centers and their teams to make it to the World Series. The Dodgers, Red Sox, Yankees and Cubs mean big ratings, and the Rockies posed a threat to the Dodgers and ended up eliminating the Cubs. Nonetheless, a team like the Nats, out of the race, running out the string, should have the professional integrity to go all out to win when a game is important to its opponent.

2. I’m not going to demand an apology, but they still owe me an apology. The Hill is reporting that…

Congressional investigators have confirmed that a top FBI official met with Democratic Party lawyers to talk about allegations of Donald Trump-Russia collusion weeks before the 2016 election, and before the bureau secured a search warrant targeting Trump’s campaign.

Former FBI general counsel James Baker met during the 2016 season with at least one attorney from Perkins Coie, the Democratic National Committee’s private law firm.

That’s the firm used by the DNC and Hillary Clinton’s campaign to secretly pay research firm Fusion GPS and Christopher Steele, a former British intelligence operative, to compile a dossier of uncorroborated raw intelligence alleging Trump and Moscow were colluding to hijack the presidential election.

The dossier, though mostly unverified, was then used by the FBI as the main evidence seeking a Foreign Intelligence Surveillance Act (FISA) warrant targeting the Trump campaign in the final days of the campaign.

This is not exactly surprising, but it ticks me off for personal reasons. Several left-leaning commenters here who I respected and gave a lot of attention, abandoned Ethics Alarms in high dudgeon because I continued to question the growing evidence that the entire Russian collusion investigation was rigged, partisan, illegal, and an effort to bring down an elected President using a corrupt and politicized FBI and Justice Department. Here was one exit speech, and from a friend:

“But I can’t allow my own tiny voice to be associated with this nonsense any longer. Being the “left” voice is one thing; being way out on the fringe is quite another, and I don’t think it’s me that has moved. I see far too many shades in our times now of McCarthyism (not Gene), George Wallace-ism, and autocracy. I’m deeply concerned about the continued health and well-being of our democratic institutions. I suspect Rod Rosenstein will soon have no recourse but to resign, and I’m doing something similar. I don’t want to be party to this hysterical of a dialogue (in my humble opinion).”

Continue reading

Your Tuesday Evening Brett Kavanaugh Nomination Ethics Train Wreck Report

I. Let’s give a whole car to USC.

Nearly 100 students  attended a rally at noon on Monday demanding a tenured professor be fired after he sent a reply-all email last Thursday to the student body noting that “accusers sometimes lie.”

Professor James Moore, a tenured professor at the University of Southern California, replied to a campus wide email fatuously demanding that students  “Believe Survivors” on the day of Christine Ford’s testimony with a reply-all message that…

“If the day comes you are accused of some crime or tort of which you are not guilty, and you find your peers automatically believing your accuser, I expect you find yourself a stronger proponent of due process than you are now.”

For a teacher, this was a responsible and important point to make. It is also undeniable, except in dishonesty, ignorance and hysteria. So what was the campus response?  Hundreds of  emails from “concerned” students and alumni condemning the engineering professor. USC students Audrey Mechling and Joelle Montier  organized a Facebook rally against him, entitled “Times Up for James Moore.” Nearly 100 students gathered to shout, “Times Up, No Moore!” The crowd then paraded its bias and ignorance, and marched  to the office of Dean Jack Knott. He, of course…

...sided with the protesters...

“What [Professor Moore] sent was extremely inappropriate, hurtful, insensitive. We are going to try to do everything we can to try to create a better school, to educate the faculty,” said Dean Knott to the crowd. “This is going to be a multi-pronged effort. We are going to have a faculty meeting later this week around implicit bias, sensitivity towards [sexual assault]….”

That’s academia today! At Georgetown, a professor tweets that white males should be killed and castrated, and the administrators shrug and say she has a right to her opinion. AT USC, a professor corrects  indefensible cant that rejects basic ethical and judicial principles, and a dean says that he must be punished.

People actually pay to send their children to be warped by these places.

II. Let’s always believe survivors who know how to beat lie detectors.

The fact that Dr. Ford had been declared “truthful” in her polygraph test was always one of the worst reasons to believe her, but now that test throws legitimate suspicion on her account. The machines are notoriously unreliable, but the argument was that the fact that Ford was eager to take the test indicated her confidence in her account. Today, Fox News received this letter from a man who claims to be Ford’s ex-boyfriend:

Of course, it could be completely innocent that a woman who suddenly dredged up a forgotten alleged incident just in time to use it to derail the confirmation of a SCOTUS nominee her party opposes and submitted to a lie detector test as evidence of her veracity considered herself an expert on beating lie detector tests.

III. Ethics Hero meets Ethics Dunce Continue reading

Ethics Morning Sickness, 9/29/2018: The Ford-Kavanaugh Hearing Hangover

According to several sources, Republicans not only have the votes to confirm Brett Kananaugh,  a couple of Democrats may even join their ranks. If true, that’s amazing, and also the most encouraging piece of news I’ve heard since Aaron Judge went on the Disabled List.

I don’t have any special fondness for Brett Kavanaugh, and I have no stake in his confirmation. All I have ever cared about is having outstanding, smart, analytical judges on the Supreme Court. I was thrilled when President Obama nominated Elena Kagan, who fits that description; depressed when he appointed touchy-feely mediocrity Sotamayor, lowering the quality of judicial talent so he could check off a diversity box, but then, that’s Obama. Justices like Blackmun, Souter and Kennedy, all appointed to skirt controversy rather than to ensure a competent Court, do subtle, long-lasting damage to our laws. Aggressive, thoughtful, brilliant jurists like Scalia and Ginsberg keep the third branch of government strong. Kavanaugh is undeniably the kind of qualified, experienced judge who has always been routinely confirmed by the Senate regardless of the President nominating him or his party affiliation. What the Democrats and their allies among activist and the news media have done to Brett Kavanaugh is more than wrong; it is very dangerous, and threatens further the basic comity and respect without which no democracy can function. The treatment of Kavanaugh, which I have discussed in detail elsewhere—the demonizing, the fear-mongering, the character assassination, based purely on an unremarkable judicial philosophy—continues down a slippery slope, already greased by “the resistance,”  that ends in civil war.  The Democrats will only turn away from this disastrous path when they conclude that it won’t work, that the American public rejects “the ends justify the means” as an operating strategy. There are signs that the Democratic Senators televised conduct during the Kavanaugh hearings may be a tipping point. I hope so. I’ll believe it when I see it.

Nothing much has changed in my assessment since I wrote this post ten days ago. I still don’t believe or disbelieve Ford or Kavanaugh. There is no basis on which to believe either of them, but the accuser has the burden of proof, and as was true ten days ago, she can’t meet it and didn’t meet it. Nobody confirms her account. She cannot provide specifics, even as to where the alleged attack occurred, who held the party where it allegedly occurred, or an exact date, making investigation nearly impossible. Her parents, who are alive, have not confirmed her account; apparently she didn’t even tell them about the incident. Her testimony was convincing. So was Kavanaugh’s. Those who say “they believe” either party might as well have a “Bias has made me stupid” sign on top of their head. In yesterday’s New York Times, a full page ad listed thousands of names of men proclaiming “We believe Anita Hill. We also believe Charistine Blasey Ford.” All they are doing is virtue signaling for their pals, proclaiming their partisan affiliation (believing Ford is required to save abortion, and depending on which hysterical activist or pundit you listen to, female suffrage, gay marriage and the continued abolition of slavery), and or proving that they lack the power of critical thought.

I’ll have to sort through all of the logical fallacies used against Kavanaugh later: I’m sure a new rationalization for the list or twelve is in there. For example, I have been told and read that women believe Ford because they know other victims of sexual assault who never reported it. But that doesn’t justify believing Ford! It indicates that the fact that she waited all this time, until evidence was gone and memories faded, to suddenly make her accusation when it was most politically useful to her party doesn’t prove she isn’t telling the truth, but it doesn’t make it any more likely that she is, either. A commenter yesterday suggested that there should be more sympathy and accommodation for victims who are afraid to come forward soon after a sexual assault. “I would like to remind you that women often are not able to speak out against harassment until long after the fact because they are afraid and unable,” she wrote. I replied,

Then they lose their chance. There are a lot of things in life like that. If I’m reluctant to speak up and challenge a mob harassing a US Senator while he’s dining with my family, I can’t wait 20 years and do it then, can I? If you are afraid to report a community criminal when you have evidence against him because you’re afraid to snitch, it’s no mitigation to report the evidence after more people have been hurt because of your delay. How about women who don’t stop their boyfriends from sexually molesting their children because they are afraid? Is it acceptable that they wait until the Statute of Limitations has run, the damage has been done, and the kids are grown and molesting children themselves before they speak up?

You don’t have to remind me of the dilemma. I’m sorry, but I am really sick of this argument…It’s an excuse and a rationalization. It makes fairness and due process impossible, and it allows false accusers to manipulate others. Three decades? Holding a complaint until the exact moment when it can’t be defended against AND will do the most damage?

It’s explainable, perhaps, but it isn’t ethically excusable.

Continue reading

Noonish Ethics Warm-Up. 9/27/18: “You’re The Bad Guys,” Cont.

Hi!

1. Unethical in its simplicity. An esteemed commenter insists, “Any witnesses who allege that Kavanaugh assaulted them should be allowed to testify.” This is either naive (incompetent) or intellectually dishonest. The Democratic Party’s stated objective is to delay a confirmation vote until after the Fall election, in the Hail Mary hope that the Senate will flip to them. There should be no question that the party, now thoroughly corrupted by a mindset holding that anything—lies, character assassination, perjury, misrepresentation, defiling of due process—is justified if it will protect abortion rights and its own power, would manipulate such a rule for political benefit, would recruit an endless series of politically motivated accusers if it could accomplish the objective of running out the clock.

The “any witnesses” flaw was amply demonstrated by yesterday’s fiasco. “New Kavanaugh allegations!” my late TV news screamed. By this morning, the entire story had fallen apart, and yet that ridiculous account (an anonymous woman claimed she was assaulted on a boat in Newport by a drunken “Brett” and friend, so an anonymous man beat them up) added to the designed false impression that multiple, verified, credible witnesses were confirming that Brett Kavanaugh is, as that same esteemed commenter has suggested, a serial sexual predator.

A witness whose claims are raised in a timely manner (that is before hearings begin allowing time for investigation and a response from the accused), whose account meets minimum standards of plausibility, whose accusation involves conduct relevant to a nominee’s fitness to serve, and whose story did not occur so long ago that verification or rebuttal is impossible, should be allowed to testify.

Those qualifications eliminate all of Kavanaugh’s accusers, as well as Anita Hill. Continue reading