civil disobedience

Bleary-Eyed Morning Ethics Warm-Up, 3/12/2019: Omar, Warren, Hillary, Morrissey, And Bradley/Chelsea

/ Jack Marshall / 28 Comments

good morning.

The previous time I traveled, I couldn’t get to sleep in the hotel ( as usual) until the early morning hours, and the hotel neglected to give me a wake-up call. I woke up two hours late and almost missed my engagement. Last night I couldn’t sleep (and this is a terrific hotel), finally got to sleep around 5 am…and my wake-up call came 30 minutes early. When I ignored it, the staff knocked on the door to see if I was dead…still before the time I had requested for a wake-up.

1. Facebook being Facebook. The social media giant doesn’t just censor Ethics Alarms, it censors Elizabeth Warren. Facebook removed several ads that Senator. Elizabeth Warren’s presidential campaign published on the its platform. The ads promoted the Massachusetts Senator’s proposals to break up tech company monopolies like Facebook. The company quickly back-tracked when it got the obvious reaction for such ham-handed suppression of dissent, and claimed that it was all a big mistake. The ads were restored, it said, in the interests of “vigorous debate.”

Sure. Why am I still on Facebook?

2. Certainly we respect your moral objections to the law, Chelsea. And we expect you to respect the fact that you have to go to jail. Chelsea Manning, who in her previous incarnation as Bradley Manning committed treason by sending classified documents to Wikileaks, endangering U.S. personnel and aiding its enemies. Now she is defying a judge and refusing to testify before a grand jury despite having been given immunity, on the grounds that she has a “moral objection” to grand jury secrecy. Manning, who has never been the sharpest knife in the drawer, is not a lawyer, is not a philosopher, and as a traitor (whose prison sentence was commuted by President Obama), her assessment of what is moral or ethical should carry as much weight as R. Kelly’s endorsement of women’s rights. Grand jury secrecy is essential to the justice system, of course. A judge has said that Manning will stay in jail until she testifies, and since she ought to be in jail anyway, let’s hope she maintains her “moral” stand. In reality, she is likely to only stay jailed until the grand jury is through, which will be 18 months. Pity. Continue reading →

Morning Ethics Warm-Up, 3/15/2018: The Last Of Hillary, More NCAA Enabling, And Hoping For The End Of “Pride” In Student Ignorance

/ Jack Marshall / 68 Comments

Good Morning!

1 To be crystal clear about the student walk-outs:

a) The only reason schools are tolerating them is because a majority of teachers and administrators share the anti-gun agenda the protests represent. Ethics Foul. Educators’ political views should be irrelevant to how they do their job, which is to educate students, not encourage them to skip class.

b) The students who walk out should be disciplined, and the reason they walked out should be neither a mitigation nor an enhancer. If they want to engage in civil disobedience, fine: its a grand old tradition, for causes noble and dumb alike.

c) The news media hyping the protests is unconscionable, and just another example of journalists taking sides rather than reporting.

d) Anyone who says in public that they are “proud” of these children should be fitted with a dunce cap and have it super-glued to their heads. Proud of what? That they have allowed themselves to be used as puppets, pawns and human shields by cynical politicians and activists? That they have failed to make a single valid or persuasive argument in over a month, while polluting the discussion with statistical falsehoods, blame-shifting, name-calling and demonization? That they are reveling in and parading their lack of intellectual honesty and critical thinking skills?

e) The walk-outs and protests are not merely sort of like, but exactly the same, as the “screaming at the sky” demonstrations. Those was embarrassing, and so are the wlak-outs. In particular, educators should be embarrassed. This is the level of critical thinking they are training our young to master.

f) This idiotic sign, on display in my area yesterday, nicely sums up the level of seriousness, common sense and acumen the anti-gun students have displayed so far:

2.  I’m going to try to make this the last time I pay any attention to what Hillary Clinton says. I really am. During that infamous interview the India Today Conclave  over the weekend, the one where she again implied that anyone who voted for President Trump was a bigot or a moron, Clinton made another statement that raised metaphorical eyebrows She was asked why she thought most white women voted for Trump, and said, Continue reading →

The Alabama U.S. Senate Republican Run-Off: The Worst Choice Ever [UPDATED]

/ Jack Marshall / 9 Comments

And you thought having to choose between Hillary and Donald Trump was bad!

The upcoming Republican run-off for the special election to choose a successor to Alabama previous GOP Senator Jeff Sessions, now U.S. Attorney General, is as bad as it gets. Whoever wins is certain to be elected in super-red Alabama over Democrat Doug Jones, but one GOP candidate is corrupt and absurd, and the other is absurd, a fanatic and a habitual scofflaw. Both can be counted upon to immediately lower the ethical and intellectual level of the U.S. Senate, and normally I would assume that only electing a horseshoe crab or some other lower species could do the latter, while nothing short of sending Hillary Clinton back there could accomplish the former. That Alabama voters would allow their state’s seat in the U.S. Senate to depend on a run-off between these two examples of the worst of the U.S. politics bestiary doesn’t merely show that the state is backwards, it shows that its voters deserve one of these jerks. The rest of us, however, do not.

Let’s look at the two contestants, shall we? First current Senator Luther Strange, whose best feature is his name. Allow me to save you a click by re-posting a substantial section from February’s post about him:

When the Senate confirmed Jeff Sessions as U.S. Attorney General in hearings that may be best remembered as the time Elizabeth Warren earned the fawning admiration of feminists by behaving like a mean-spirited jerk, it meant that Alabama’s Republican governor got to appoint his successor. There wasn’t much discussion in the news media about who this might be, because it’s hard for journalists to inform the public properly when it is concentrating on bringing down the President, per the orders of their Eldritch Progressive Masters—sorry, I’ve got Dr. Strange stuff rattling around in my brain now—but there was some interesting speculation in Alabama.

You see,  Republican Governor Robert Bentley is fighting to avoid  impeachment as the result of a sex scandal, and one that called his honesty into question as well.

An official fired by Bentley alleged that the Governor had engaged in an extramarital affair with his senior political adviser, Rebekah Caldwell Mason. An audio recording surfaced in which Bentley told a woman named “Rebekah” that he “worr[ied] about loving you so much” and that “[w]hen I stand behind you, and I put my arms around you, and I put my hands on your breasts […] and just pull you real close. I love that, too.” At a press conference, Bentley apologized for the comments but denied having an affair and stated that his relationship with Mason was purely platonic.

Sure.

Bentley invaded the Ethics Alarms Rationalizations List, saying that  he “had made a mistake” by saying “inappropriate things” to his aide, and apologized to Mason , her family and to the people of Alabama. On April 5, 2016, an impeachment resolution against Bentley was filed in the State Legislature, which appointed a special counsel to lead an investigation into the impeachment charges. Then, in November, Alabama Attorney General Luther Strange asked that the investigation be halted pending “related work” by his office. This was widely interpreted to mean that Strange, also a Republican but not an ally of Bentley’s, was overseeing his own investigation of whether charges should be brought against Bentley.

Trump was elected President on November 8, and ten days later he announced his intention to nominate Alabama Senator Jeff Sessions as U.S. Attorney General. On December 6, 2016, Strange announced that he was a candidate for the soon to be vacant seat, meaning that he would run in the 2018 election, if he wasn’t appointed to fill the vacancy by Bentley.

With the wolves gathering at  his door, however, that’s exactly what Gov. Bentley did. He appointed the man who was overseeing his current impeachment investigation to the U.S. Senate, thus creating a vacancy in the Attorney General’s post. Then he appointed a new AG named Steve Marshall (no relation), who many doubt will vigorously pursue an indictment against the governor.

Can you say, “Appearance of impropriety”?

I can’t imagine a better example of how the law can’t anticipate everything, making ethics indispensable.   There is an Alabama law prohibiting a governor from appointing himself to fill a U.S. Senate vacancy, but nobody foresaw a situation where a governor facing impeachment would interfere with the investigation by appointing a political adversary and the Attorney General overseeing the investigation to fill the slot. This is entirely legal, and spectacularly unethical.

Some in the state wonder if Strange’s request to the legislature wasn’t part of a deal with the Governor, in anticipation of a Sessions departure.  “He definitely slowed down the impeachment process, which put the governor in a place to actually appoint him. That’s the problem we have,” said Ed Henry, the legislator who brought the original  impeachment motion to a vote.  “He stopped an impeachment process and then in turn accepted the nomination to the Senate. I believe the damage is already done.”

For this to have been a pre-arranged  quid pro quo would have required that Strange and Bentley both believe that Trump would win, however. Hmmmm. Maybe they were in league with the Russians too…?

Yet it requires no conspiracy theory to conclude that for Strange to accept Bentley’s appointment makes him complicit in a sequence of events  that appears corrupt. It is too redolent of the Roland Burris affair, when now jailed former Illinois governor Rod Blagojavich was caught selling a Senate appointment. Burris swore in an affidavit  that he had no contact with the governor prior to his appointment to a Senate seat he had no qualifications for, and then as soon as he was safely on office, suddenly remembered that he had met with “Blago.”

The newly minted Senator Strange, had he been an ethics hero—and shouldn’t we be able to expect our elected officials to be ethics heroes?—could have foiled Bentley, inspired Alabamans, and proved that he would be a worthy Senator when he ran in 2018, if he had simply turned down the appointment, saying,

‘I am grateful and honored that Governor Bentley felt that I was qualified to represent the citizen of Alabama in the U.S. Senate. However, I feel I would betray the trust of those same citizens if I were to accept the post under these circumstances. As the lawyer for the people, I am obligated to undertake and oversee a fair and objective investigation of serious allegations against the Governor, and this raised a conflict of interest for me, pitting my personal political ambition against my duties in my current position. Moreover, should I accept the Governor’s offer, it would raise doubts regarding the functioning of the legal system as well as my personal integrity. Therefore I must decline the appointment.’

Nah.

Now, however, the Senator has proven himself unworthy of his new job by accepting it.

Strange!

Now normally I would say that anyone—Kathy Griffin, Jimmy Kimmel, Dormammu—is a preferable U.S. Senate choice than this shameless, ambitious hack. Roy Moore, however, is a piece of work. The one-time kickboxer and full time fundamentalist Christian fanatic first warranted Ethics Alarms notice as an Incompetent Elected Official in 2014, and his recognition came that late only because I viewed his stand-off over displaying the Ten Commandments in his court room and trying to turn Alabama justice into a theocracy too ridiculous to write about (and Ethics Alarms didn’t exist then.) Continue reading →

Salon Asks: “When Is A Leak Ethical?” NEVER. That’s When.

/ Jack Marshall / 58 Comments

Ethically challenged left-wing website Salon somehow found an ethically challenged law professor, Cassandra Burke Robertson, to justify the leaks in the Trump Administration. Robertson,  despite being a Distinguished Research Scholar and the Director of the Center for Professional Ethics at Case Western Reserve Law School, advocates unethical and sanctionable conduct in a jaw-dropping post, “When is a leak ethical?”

Here, professor, I’ll fix your misleading and dishonest article for you: It’s NEVER ethical to leak.

Never.

She begins by noting “I am a scholar of legal ethics who has studied ethical decision-making in the political sphere.” Wow, that’s amazing….since she apparently is hopelessly confused about both, or just pandering to Salon’s pro-“resistance” readers.

Robertson writes:

“Undoubtedly, leaking classified information violates the law. For some individuals, such as lawyers, leaking unclassified but still confidential information may also violate the rules of professional conduct.”

1. It is always unethical to break the law, unless one is engaging in civil disobedience and willing to accept the consequences of that legal breach. By definition, leakers do not do this, but act anonymously. Thus leakers of classified information, lawyers or not, are always unethical, as well as criminal.

2. Lawyers may not reveal confidences of their clients, except in specified circumstances.  Here is D.C. ‘s rule (my bolding): Continue reading →

Comment of the Day: “Ethics Dilemma: What Do You Do With Steve King?”

/ Jack Marshall / 5 Comments

Pennagain, who also acts as the volunteer and indispensable Ethics Alarms proofreader, submitted this Comment of the Day, packed with ethics, and trenchant observations about how diverse cultures have enriched civilization. It begins with a quote from another commenter on Rep. King’s descent into white-supremacistspeak, and heads to wonderful places.

Here is Pennagain’s Comment of the Day on the post,  “Ethics Dilemma: What Do You Do With Steve King?”

Still, most of the really big failings over the ages have been ah, east of Suez.

Rewrite: Still, most of the big failings over the ages have been during the first couple of thousand years of any particular civilization. That’s considering national and natural barriers that don’t go along any particular meridian. If they last beyond a millennia or two, they’ve usually learned a thing or two.

Some of those things might be an understanding of the concept of comparative values and why basic ethical principles have always been in vogue – including under the Shogunates, the Mughal emperors, the dynasties of China (going back to 2100BC, by the way), and other long-lived non-democracies). Or why certain types of governments or power structures work best with certain cultures at certain times, barring catastrophic disasters and military dictatorships (North Korea is still in its 68-year-old infancy and ailing). Or why philosophies of aesthetics differ to an extent that makes comparing art or architecture, or its presence or absence idiotic. Or why a majority of us believe our own way is best (and some of the latter think they need to Disneyfy, Democratize, and Develop everyone everywhere else on the planet).

Example of some basic Asian principles aka Their Ethics: harmony, benevolence, righteousness, courtesy, wisdom, honesty, loyalty, filial piety.

All of the above can be incorporated into the principles of what us non-Asian, non-African folks call universal ethics; our ethics:

Continue reading →

Ethics Quiz: The Natural Lawn

/ Jack Marshall / 31 Comments

lawn

(Commenters complained that the last quiz was too easy. This one is not.)

In the St. Albans Township, outside of Alexandria, Ohio, Sarah Baker and her partner  violated the local ordinance and stopped mowing their one acre of property. “A potpourri of plants began to flourish, and a rich assortment of insects and animals followed. I had essentially grown a working ecosystem, one that had been waiting for the chance to emerge,” she wrote in the Washington Post. The first time the couple tried this, they were fined a thousand dollars but capitulated and mowed their lawn. Now, though they have been found to turn their property into a “public nuisance” due to neglect, they are defying the town and certain that they are in the right. Baker writes in part:

” About 95 percent of the natural landscape in the lower 48 states has been developed into cities, suburbs and farmland. Meanwhile, the global population of vertebrate animals, from birds to fish, has been cut in half during the past four decades. Honey bees, on which we depend to pollinate our fruits and other crops, have been dying off at an unsustainable rate. Because one in three bites of food you take requires a pollinating insect to produce it, their rapid decline is a threat to humanity. Monarch butterflies have been even more affected, with their numbers dropping 90 percent since the 1990s. Butterflies are an important part of the food chain, so ecologists have long used them to measure the health of ecosystems.

Nature preserves and parks are not enough to fix the problem; much of wildlife is migratory and needs continuous habitat to thrive. Natural yards can act as bridges between the larger natural spaces…[M]aintaining a mowed and fertilized lawn also pollutes the air, water and soil. The emissions from lawnmowers and other garden equipment are responsible for more than 5 percent of urban air pollution. An hour of gas-powered lawn mowing produces as much pollution as four hours of driving a car. Americans use 800 million gallons of gas every year for lawn equipment, and 17 million gallons are spilled while refueling mowers — more than was leaked by the Exxon Valdez oil spill in 1989. Homeowners use up to 10 times more chemical pesticides per acre on their lawns than farmers use on crops, chemicals that can end up in drinking water and waterways…I’m not alone. Homeowners across the country have latched on to the natural lawn and “no mow” movement.

… If we allow ourselves to see a mowed lawn for what it is — a green desert that provides no food or shelter for wildlife — we can recondition ourselves to take pride in not mowing.”

Your Ethics Alarms Ethics Quiz of the Day is...

Is Baker’s unmown, natural lawn in defiance of the town ordinance ethical?

Continue reading →

#freebree = Lawlessness, Vigilantism And Hypocrisy

/ Jack Marshall / 48 Comments
"let's run her up the flagpole and see if anyone salutes!"

“Let’s run her up the flagpole and see if anyone salutes!”

Various anti-gay marriage zealots vowing to defy the Supreme Court and the law of the land are un-American and wrong, but a woman who decides to unilaterally make a decision that only the elected representatives of the citizens of South Carolina are authorized to make is a hero. Such is the muddled state of thought, ethics and civics among America’s progressives. Disobey the laws you don’t like, condemn the character of those who disobey the laws you favor. No integrity, no principles, no responsibility, no coherence, just grandstanding and anarchy, aimed at cheering ideologues incapable of proportion or restraint. This is an ethics vacuum masquerading as virtue.

“Bree,” which is what pole-climbing flag-grabber Brittany Ann Byuarim Newsome calls herself, is under arrest, as she should be, charged with defacing a monument and facing a fine. Good. She deserves one, and no accolades whatsoever. The Confederate flag is already under siege and on the verge of a permanent cultural taboo. Her actions would have constituted genuine civil disobedience and courage had it come before the flag was magically assigned blame for the murder of nine Charleston African Americans, to call attention to its symbolic defiance of civil rights. Coming now, Bree’s stunt is just  self-promoting vigilante theater, seeking and receiving support from the likes of Michael Moore.

There was nothing brave, productive or necessary about the flag stunt. The was a lot wrong about its message: don’t wait for the government process to work, don’t allow democracy and civil discourse to prevail, just unilaterally do what you “know” is right, and let the “ends justify the means” embracing mob celebrate. No doubt, this is the anti-Constitutional attitude the President has encouraged, but it recklessly risks fraying the seams of our democratic government, and erodes the rule of law. Continue reading →

Instant Ethics Train Wreck: The Alabama Gay Marriage Stand-off

/ Jack Marshall / 54 Comments
What does Dred Scott have to do with the Alabama gay marriage mess? Absolutely nothing.

What does Dred Scott have to do with the Alabama gay marriage mess? Absolutely nothing.

This summer, the Supreme Court will again take up the issue of the Constitutionality of state gay marriage bans, having left the question open (why, I don’t know) after striking down the Defense of Marriage Act in 2013. Since that ruling, the states have been busy little bees, some passing laws banning same-sex marriage, some doing the opposite, then fighting out multiple appeals at various levels of the judicial system. Three things are certain: the cultural and legal acceptance of same-sex marriage looks unstoppable; all states need to agree on what a legal marriage is; and some faith-based same-sex marriage opponents will not give in until the last dog dies.

Beginning at the end of last week, a messy situation in Alabama involving all of these factors burst into a full-fledged ethics train wreck. The links in this post will let you immerse yourself in the mess if you choose: I’m going to try to be clear. Here is what has transpired so far:

1) A federal judge, District Court Judge Callie V. Granade,  struck down the state’s ban  on same-sex marriages in January and said that Alabama could start issuing licenses last week unless the U.S. Supreme Court stepped in and stayed her order. A stay was immediately requested by the Alabama Attorney General, who properly defended the state’s law.

2.) The 11th Circuit Court of Appeals refused to step in and stop her order from going into effect.

3) The U.S. Supreme Court also refused the stay request, allowing marriages to proceed in Alabama.

4) Roy Moore, chief justice of the Alabama Supreme Court, reminded everyone that probate judges report to him, not the federal judge and not the Attorney General, and do not have to issue marriage licenses to gay couples until he tells them to. He told them not to.

5) Some Alabama probate judges followed Moore, and some went ahead and issued the licenses. Mass confusion reigned.

6) Meanwhile, the refusal of the U.S. Supreme Court to issue a stay pending its ruling on state same-sex marriage laws later this year was widely interpreted as tantamount to SCOTUS deciding the case before it was even argued.

7) Justice Clarence Thomas, in a dissent from the  majority’s rejection of the stay (we don’t know what the vote break was), argued that “This acquiescence may well be seen as a signal of the Court’s intended resolution of that question. This is not the proper way to discharge our . . . responsibilities.”

8) Justice Ruth Bader Ginsberg, meanwhile, appeared to endorse gay marriage in an interview.

9) Attempting to break the impasse, U.S. District Judge Callie V.S. Granade ordered Mobile County, Alabama to start issuing marriage licenses to same-sex couples, paving the way for resistant officials across the state to follow suit, in a decision stating that the state’s ban on same-sex marriage had been struck down and that ­Mobile County’s probate judge had to adhere to that decision.

10) Chief Justice Moore remains unmoved, but now most of the probate judges are following the federal order.

Got that?

Good, now you can explain it to me.

What a mess.

Here are the ethics verdicts on the participants so far: Continue reading →

In Massachusetts, The Unethical Kind Of Prosecutorial Discretion

/ Jack Marshall / 6 Comments
The DA explains why he's glad the law was broken. Wait...WHAT?

The DA explains why he’s glad the law was broken. Wait…WHAT?

Prosecutorial discretion is a critical aspect of the prosecutorial function. There are many good reasons for a prosecutor  to charge an individual with a crime in a particular case, and among the factors a prosecutor may legitimately consider in making this decision are, according to the American Bar Association’s ethical guidelines:

  • whether there is evidence of the existence of criminal conduct;
  • the nature and seriousness of the problem or alleged offense, including the risk or degree of harm from ongoing criminal conduct;
  • a history of prior violations of the same or similar laws and whether those violations have previously been addressed through law enforcement or other means;
  • the motive, interest, bias or other improper factors that may influence those seeking to initiate or cause the initiation of a criminal investigation;
  • the need for, and expected impact of, criminal enforcement to punish blameworthy behavior; provide specific and/or general deterrence;
  • provide protection to the community; reinforce norms embodied in the criminal law; prevent unauthorized private action to enforce the law;
  • preserve the credibility of the criminal justice system; and other legitimate public interests.
  • whether the costs and benefits of the investigation and of particular investigative tools and techniques are justified in consideration of, among other things, the nature of the criminal activity as well as the impact of conducting the investigation on other enforcement priorities and resources
  • the collateral effects of the investigation on witnesses, subjects, targets and non-culpable third parties, including financial damage and harm to reputation
  • the probability of obtaining sufficient evidence for a successful prosecution of the matter in question, including, if there is a trial, the probability of obtaining a conviction and having the conviction upheld upon appellate review; and
  • whether society’s interest in the matter might be better or equally vindicated by available civil, regulatory, administrative, or private remedies.

None of these suggest that the prosecutor’s personal sympathy with the motives of the lawbreaker is a sufficient or ethical reason not to charge when a serious crime has been committed. That, however, appears to be how Bristol County (Massachusetts) District Attorney Sam Sutter sees his role: arbiter and enabler of righteous criminal activity. Continue reading →

This Is The Way It’s Done, Ethics Warriors….Well, ALMOST

/ Jack Marshall / 31 Comments
Quit being distracting, Triana...

“Quit being so distracting, Triana…”

Deborah Brown Community School in Tulsa, Oklahoma forbids its students from wearing their hair in dreadlocks, afros “and other faddish styles.” Terrence Parker, a barber, challenged the rule by sending his 7-year-old daughter Tiana to class there wearing her hair in dreadlocks. She was told that she could not attend school with her hair in a (stupid and ignorant) rule-violating style. Tiana is now attending another school, while the story, reported on the web in various sources, is holding the school up to well-earned ridicule for a dress code that if not racist in intent, is racist in impact. Eventually, I would think, the school will be shamed into seeing the error of its ways, which is enforcing an inappropriately narrowly-viewed, culturally-biased interpretation of what constitutes a “presentable” hairstyle as opposed to one that might “distract from the respectful and serious atmosphere [the school] strives for.”

This is the way unethical rules get changed. Parker confronted the rule by violating it, and accepted the penalty while publicizing the unjust rule to the greater community, which is making its disapproval known. Continue reading →