9 Observations On The Boston Herald’s “Racist” Cartoon

Obama-Watermelon-1

1. (UPDATE) I’m adding this new #1 right at the beginning—there were originally only 8 observations—because some of the early comments suggest that I over-estimated some of my readers’ scholarship, historical knowledge and/or sensitivity on this issue, so let me be direct:  the reference to any African- American having as affinity to watermelon is about a half-step from calling him or her a nigger, and maybe even closer than that. Clear? This is not a political correctness matter. If the reference is intentional, there can be no debate over whether it is racist or not. It is. The President of the United States should not be subjected to intentional racial slurs.

2. I’m amazed—I just don’t know how this could happen. How could this cartoon make it into print? Cartoonist Jerry Holbert explained that he came up with the idea to use watermelon flavor after finding “kids Colgate watermelon flavor” toothpaste in his bathroom at home. “I was completely naive or innocent to any racial connotations,” Holbert said. “I wasn’t thinking along those lines at all.” Is this possible? In a political cartoonist? On one hand, since the racial connotation is so obvious and so predictably offensive, it seems incredible that a cartoonist for a major daily would dare offer such a cartoon unless he really didn’t perceive the racial stereotype it referenced. On the other, the man is a political cartoonist, not a Japanese soldier who’s been hiding in a cave for decades. How could he not know this? How could his ethics alarms, racial slur alarms, survival alarms not go off?

I don’t get it. Continue reading

Kansas Politics Ethics Sludge (Cont.): In Taylor v. Kobach, The Court Rules That The Statute Was Violated In Compliance With The Statute…

quote-i-have-seen-the-truth-and-it-makes-no-sense-anonymous

I write here often that we must distinguish between law and ethics, and as a lawyer, I am comfortable with the reality that a decision required by the law may be unethical, in that the results may harmful and undermine the broad goal of what a law or laws are supposed to accomplish: a healthy society, a functioning government, a safe and happy public and justice. Just as doctors need to develop emotional armor that allows them to go on practicing medicine when the operation is a success but the patient dies, so must judges learn to move on when interpreting a law as written has an absurd result, and they must allow that result to occur. I understand all that.

I still can’t understand the opinion in Taylor v. Kobach, however.Maybe someone can explain it to me with a straight face. The opinion itself is beyond reproach, clear and unassailable. The problem is that it ignores the Mastodon in the courtroom: the letter that the opinion deems sufficient to meet the requirements of the statute in question embodies a lie, and defeats the intent of the very statute that the court is using to declare the letter valid.

How can judges do that? How can they stand doing that? Continue reading

The Kansas Senate Race Ethics Disgrace: Who Can You Trust?

Nobody, apparently.

Welcome to Kansas.

Welcome to Kansas.

The Kansas U.S. Senate race demonstrates why so many Americans tune out politics, spit on both parties, and simply assume that there is no way to avoid being governed by knaves, cheaters and fools.

If you haven’t been following this dispiriting  embarrassment, I commend and envy you. The election is considered a crucial one that could decide control of the Senate, where the Democrats currently have a majority that looks shaky at best. The Kansas Republican incumbent, Pat Roberts, appeared beatable in the GOP primary, and he was in a tough three-way race in the election. Trailing in the polls, the Democratic nominee, Chad Taylor, pulled out of the race, leaving Roberts to run against an independent, Greg Orman, who has belonged at various times to both parties,  who wants to leave his real loyalties secret for now and who looks like he might beat Roberts. The Kansas secretary of state, Kris Kobach, claimed that under the law, Taylor couldn’t withdraw with the letter he wrote for that purpose, and had to stay on the ballot. This week, Kobach’s position was rejected by the Kansas Supreme Court.

This account just skims the surface of the real sludge in this bi-partisan cesspool. Consider: Continue reading

The ISIS Mission: Once Again, “The March of Folly”

March into wall

[I’m back home., and am almost finished with doing six ethics presentations in seven days in four states. I just added the photo of the Faber band marching into the wall in “Animal House”—the ultimate “march of folly”— and more importantly, fixing about ten typos in the post. I knew ttey would be there. I had an 8 AM start time for my seminar, which would end at noon, and then had to drive to Boston, ditch my rental car, and fly back to Virginia. I wanted to get the post on this topic up, but knew it would be rushed, and that I wouldn’t have time to proof it carefully until late in the day. Maybe I should do that; I don’t like posting sloppy content. I apologize for the typos, but it was either a timely post with mistakes, or a late post without.  My choice; I’ll accept your verdict.]

“The March of Folly” was historian Barbara Tuchman’s most specific exploration of the theme of many of her works. It was a cold-eyed retrospective of how supposedly brilliant people in power can follow through on destructive and objectively stupid policies; how a mission, ordered by a  leader, travels the arc from aspiration to delusion, and how the public, paralyzed by deference to authority, inertia, restraint, and irrational hope. accepts flawed premises long after the damage they are doing and will continue to do are obvious and undeniable. Tuchman calls this lethal tendency of policymakers throughout history a “process of self-hypnosis.” She concentrates on its long and bloody history using examples spanning the Trojan War,  through the British handling of the American rebellion, and the Vietnam War. In another book, she applied similar analysis to the infamous Charge of the Light Brigade. This is exactly what is going on with the ridiculous and pre-doomed Obama plan to arm the Syrian rebels to fight ISIS—but not the Syrian regime, which is who they are currently fighting. I doubt whether anyone with the necessary influence will stop it until it becomes a chapter in another historian’s sequel to Tuchman’s classic.

Because I have been in a hotel room between three ethics presentations in the Providence area, I have had a rare opportunity to watch much of the hearings on the proposed ISIS plan, as well as listen to the reaction on all of the news networks, from all sides of the political spectrum. I have also watched the President’s speeches on the subject. Seldom has something involving national policy unfolding before my eyes so clearly indicated a shocking deficit of either ethical leadership, or, in the alternative, competent leadership.

I don’t need to bombard you with links: nobody, with the possible  (and frightening) exception of President Obama, believes the proposed plan to defeat-degrade-stop-“send to the Gates of Hell” (pick your rhetoric) can possibly work as it has been described. Not the generals; not Republicans; not Democrats, not CNN’s Chris Cuomo and Carol Costello, who kept shaking their heads in amazement during the hearings, and not Fox News’ Shepard Smith, who was  hilarious as well as eloquent in his sarcasm and dead-eyed disgust while questioning various experts and pundits about what was being said on Capitol Hill.

Nobody believes that American air power and “advisors” alone can accomplish the objectives of this campaign without eventually involving combat troops. The idea is being ridiculed by anyone who knows the region, the participants, and the facts of military strategy, and who is not under orders by the President to toe the official line. (Who knows what poor John Kerry and Chuck Hagel think?Who knows if they are even thinking….) Yet it appears Congress is going to approve this born-to-fail plan anyway. Why? Well, some Republicans and Democrats believe that when the Commander-in-Chief asks for Congressional approval in a military action, he should get it. This is irresponsible. Some Republicans want an Obama military fiasco to hang around his neck, and are willing to spend billions and kill people to do it. Some Democrats would support their man in the White House if he asked them for a resolution that the moon was made of cheese. And some are undoubtedly idiots.

Is the President? No, he’s not an idiot. He is a hopelessly, tragically over-matched leader without the skills or character required for the job, making terrible choice after terrible choice and lacking the courage to forget politics and lead. He hates war–real war, not video game war, but war in which  Americans get shot, blown up and killed, and where the bad guys can’t be attacked solely from the safety of the skies, which is to say, war. His ideals in this respect are and always were completely contrary to the requirements of being the President of the United States. He is as close to a pacifist as we have ever had in that office, and pacifists do not belong there.

Sometimes, international crises and threats require American soldiers, with weapons, fighting. The President doesn’t like it? Too bad. (“I…hate…war,” said Franklin Delano Roosevelt, in one of his many memorable speeches.) The public is tired of combat? Tough. The nation still has obligations, and sometimes there are no happy choices. “I’m tired of being responsible; I’m tired of having to sacrifice; I’m tired of being part of the constant battle against chaos that is life”—none of these are rational and responsible sentiments, and a competent leader has to know when to ignore them. The Democratic Party’s progressive base is, in essence, pacifist in philosophy? Gee, sorry. Republicans have their screwballs too. This isn’t the time for politics, partisanship, or ideology unhinged to the real world.

What’s going on here?

Incredibly, it really seems to be this simple: Continue reading

Is There An Ethical Interpretation of Hillary’s Response To The Illegal Immigration Activist In Iowa?

Psst! The "thumbs up" really means, "I like your shoes"...

Psst! The “thumbs up” really means, “I like your shoes”…

In case you missed it while waiting for the next NFL player to beat up someone, Hillary Clinton, who is in Iowa theoretically testing the waters for a Presidential bid, answered this way when pressed by an activist on the rope line to give her views on President Obama’s delay of his promised executive order granting some privileges to illegals…

“I think we have to elect more Democrats.”

What did she intend to convey by this, and can such an intent possibly be defended? Some possibilities:

A. Translation: “I am running for President, and to be successful, I can’t possibly tell you my real views on this topic, since whatever position I take will lose votes. So I’m going to answer with a non-sequitur, as if I didn’t hear the question.”

Is this ethical? No. It’s an important issue, and if she is running for President, she has an obligation to communicate her views. If she has a position but doesn’t have the integrity and courage to communicate it, that’s cowardly and a breach or responsibility.

B. Translation: “We risk losing at the polls in November if voters know what the President really intends to do, and those who stand to benefit from his unilateral act circumventing the democratic process will vote Democratic anyway, even if the delay infuriates them. So it’s the smart move.”

Is this ethical? Surely not. It’s an admission that the President is trying to gull low-information voters, and that she approves of the strategy. It’s an expression of support for allowing the deportation of human beings for speculative political gain. It’s an endorsement of “the ends justify the means.” Continue reading

The Case of the Truant Prodigy and the Incompetent School System

Avery Gagliano is a 13-year-old student in the District of Columbia school system, and an acknowledged musical prodigy. She has won competitions and soloed with orchestras nationwide.She was one of 12 musicians selected from around the world to play at a prestigious event in Munich last year. All of this periodically disrupts her school attendance, and because the District continues to threaten treating her as a truant, Avery’s parents say they have been forced to pull her out of her classes, where she was a happy A student.

“As I shared during our phone conversation this morning, DCPS is unable to excuse Avery’s absences due to her piano travels, performances, rehearsals, etc.,” Jemea Goso, attendance specialist with the school system’s Office of Youth Engagement, wrote in an e-mail to Avery’s parents, Drew Gagliano and Ying Lam, last year. This a classic example of how bureaucratic rigidity, in the absence of employees or officials willing to take initiative and address a non-conforming anomaly, will lead to needless harm and absurd results. Nobody would, or if they did, they did so in such a dysfunctional system that it didn’t make any difference. Continue reading

The NFL’s Foolish, Counter-productive, Unethical Gay Affirmative Action

Hey, if Nathan is happy, then the NFL is happy...

Hey, if Nathan is happy, then the NFL is happy…

The Dallas Cowboys signed openly gay defensive lineman Michael Sam to be a member of its taxi squad, thus making him–let’s see,now—the first gay NFL practice squad player ever, at least the first to let everyone know his sexual proclivities. Wow…that’s some great plot for a made-for-cable movie! I’m getting goosebumps already!

Some sportswriters had opined that it would be a “disaster” for the NFL if Sam , who was cut by the Rams, the team that drafted him, wasn’t signed by some pro team, on the theory that this would expose the whole league as bigoted against gays. Of course, it could also mean that Sam just isn’t good enough, and whom he chooses to roll in the hay with isn’t considered either a virtue or a detriment to playing NFL football. This would be called, I believe, common sense and integrity.

Never mind. Several sources report that the NFL, also believing that there was a looming disaster, “lobbied” teams to sign Sam after he was cut. This both establishes a policy of gay affirmative action in the NFL, and also exemplifies what is wrong with all affirmative action. Let’s make a list: Continue reading

Observations On The Illegal Immigration Ethics Train Wreck, The Ugliest Of Them All

Illegal-Immigration

Nobody, literally nobody, has managed to stay off this Ethics Train Wreck by now. The over-flowing passenger list includes…

Democrats, who cynically want to encourage law-breaking to tilt the nation’s demographics toward what they think will be a permanent electoral advantage

Law enforcement, which has ducked its duty to keep our borders secure

Big business, which wants to preserve an underground economy that provides cheap and frightened labor that allows it to pay unconscionably low wages;

Conservatives, whose refusal to consider any path to citizenship for the millions we have already allowed to stay here by our non-enforcement of our own laws is irresponsible in the absence of any other realistic plan (mass deportation being too repulsive to contemplate);

Democrats, who have foolishly heralded policies, like the Dream Acts, that  provide an incentive for illegal immigration;

U.S. citizens who happily accept the benefits of services provided by illegals while claiming to oppose the process that allowed them to tend their gardens and care for their children

Hispanic-Americans, who have chosen heritage over country by continuing to support continued law breaking by relatives, friends, and others with whom they may share a language or a country of origin;

Congress, which as been lazy and cowardly and avoided its responsibility for decades;

The Justice Department, which has fought to prevent states from taking action to stem the illegal tide that is overwhelming their social services;

Illegal immigration advocates, who have deliberately clouded the issue by calling anyone who doesn’t advocate open borders (that is, sovereign suicide) as racist, and have used deceitful euphemisms to confound immigration, which the U.S. public unanimously supports and has done so for a century, and illegal immigration, which it has not and should not;

The mainstream news media, which has aided and abetted this confusion, supported the race-baiters, encouraged the deceptive use of euphemisms like “comprehensive immigration reform” (which means, “let’s stop enforcing immigration laws”) and outright deception, like calling “illegal immigration” “immigration, ”  while consistently misrepresented the issue as a humanitarian problem rather than a matter of sovereignty, law enforcement and common sense;

The illegals themselves.

The American public, which despite overwhelmingly opposing “amnesty,” whatever it thinks that is, remains inattentive, feckless and ignorant regarding the issue.

Have I left anyone out? Sure I have: President Obama, who has booked a luxury berth on this train. Continue reading

Ethics Train Wrecks Collide, As The Redskins And Trayvon Martin’s Mother Board The Ferguson Express

trains_collision

I just can’t find a photograph of three trains running into each other–in the world of rail transport, that’s impossible.* With Ethics Train Wrecks, however, anything is possible, especially stupid, dishonest, and irresponsible things.

  • The Washington Redskins, one would think, have enough problems guiding their own Ethics Train Wreck, with the team’s owner, who would have been wise, prudent  and responsible to quietly get rid of an archaic name and logo before it became the focus of extreme political correctness bullying, having to battle government censors and opponents of free speech as well as censorious journalists and cynical Native American race-hucksters. But no! Some members of the team apparently feel that if one Ethics Train Wreck is fun, two is twice as nice. Thus it came to pass that during Monday night’s pregame introductions for the televised exhibition game against the Cleveland Browns, several Redskins players ran onto the field with their hands raised as a gesture of support for the slain Ferguson teen, Michael Brown. Brown, writes Yahoo’s Jay Busbee, “was killed by police even after witnesses said he raised his arms and told police he was unarmed. As a result, arms raised in surrender have become a symbol of solidarity and protest in connection with the Ferguson story.” [ Side Note: This is incompetent and biased reporting. Some witnesses say that; others dispute it. No account has been certified as true. Busbee suggests otherwise, and he also can’t write worth a damn: How could Brown have been killed by police after witnesses reported how he was killed?]  The idea originated with Washington safety Brandon Meriweather and cornerback DeAngelo Hall, and several players followed their lead.

Wrong, wrong, wrong: Continue reading

Shock: CREW Finally Comes Clean… It Wasn’t So Non-Partisan After All!

Yes, David Brock really does wear his hair like that, and yes, I admit being biased against anyone who does.

Yes, David Brock really does wear his hair like that, and yes, I admit to being biased against anyone who does.

There is a real need for a fair, non-partisan, non-ideological ethics watchdog organization in Washington, D.C. Unfortunately, what we are stuck with is the Center For Responsibility and Ethics in Washington, headed by Melanie Sloan, and it is none of these things. The only clue on the group’s website, however, is the fact that Republicans are somehow found to be engaging in unethical conduct at a rate of about three times that of Democrats, and the Democrats CREW does criticize are so blatantly unethical that an old, blind and deaf watch dog would be disgusted by the stench. The mainstream news media, and which on the whole is about as unbiased as CREW is, still cites the Center as a “non partisan” source, all the better to attack Republicans with a semblance, though a deceptive one, of objectivity. CREW has operated, and quite dishonestly, as a nonprofit registered under a section of the Tax Code — 501(c)3, which prohibited partisan activity.

To be clear: CREW has done some excellent work flagging unethical conduct by Republicans officials. It is the lying about being objective that makes it an unethical organization. I wrote about CREW’s facade here, and here, and also noted when it briefly dropped is pose when Sloan briefly joined that famously objective operative and lobbyist Lanny Davis’s firm—this is the same Lanny Davis who became a familiar fixture on TV spinning his friend and client Bill Clinton’s conduct during the Monica scandal—shortly after CREW blatantly pushed the interests of Davis’s clients on its website.

Continue reading