Donald Trump Jr

Return Of The Hedgehog

/ Jack Marshall / 2 Comments

Angry hedgehog

Recently I have been pondering whether Donald Trump, in the parlance of philosopher Isaiah Berlin in his famous essay “The Hedgehog and the Fox”, is a hedgehog, one who, in words of the Greek poet Archilochus, “knows one big thing,”or a fox, which knows many things. The thrust of the essay (and a later book) is that history teaches that the hedgehogs tend to prevail over the foxes.

In 2019, I announced that I had figured out that Trump was indeed a hedgehog, and that the one big thing he knew was that

“Despite decades of indoctrination to the contrary, most Americans are proud of their country and do not believe it has been a force for evil in the world. They recognize that capitalism has been responsible for the much of the nation’s success, and they do not want to emulate the European nanny states. Most Americans also regard the office of the Presidency as an inherently good institution. The Four Horsewomen of the Apocalypse, as the President now calls them, do not believe these things, and by clearly opposing a group that is deep, deep in negative territory on the scale, the President is certain to derive a net benefit. Although I have heard the Stage 5 Trump Deranged argue that he does not love his country and does not have its best interests at heart, that is an unsupportable position fueled by dislike alone. Nobody becomes President who isn’t a patriot, and no President wants to go down in history as a bad one. Now the entire Democratic Party is tying itself to these four repulsive, anti-American extremists, which is the equivalent of the party tying itself to an anchor on the [Cognitive Dissonance] Scale.”

For the record, I’m still not completely convinced that Trump isn’t a fox in spiny clothing.

Now the “Fox or Hedgehog?” game has emerged again in an essay by Lance Morrow in The Wall Street Journal. He attributes Critical Race Theory to hedgehogian reasoning. The One Big Thing: slavery was bad. He writes in part,

Continue reading →

Unethical Tweet Of The Week: NBC News (And It Goes Right Into The “Nah, There’s No Mainstream Media Bias!” Files]

/ Jack Marshall / 8 Comments

That’s the tweet. Here was DJT Jr.’s response:

And here was non-partisan blogger Ann Althouse’s response to that:

He’s right. They are hacks. And it was blackface.

And NBC knows it was blackface, though the truly awful Bahar denies it on the link.

Althouse is right that Trump Jr. Is right, and that they are hacks. All of the mainstream media are untrustworthy, biased, dishonest and manipulative hacks, as we enter a crucial political campaign and impeachment fiasco in which public civic literacy and awareness are critical, even as these organization attempt to  undermine it to advance their own political and ideological agendas. Their behavior could hardly be more dangerous, divisive, or destructive.

Now tell me again why it is wrong for the President to call them out as “enemies of the people.” That description is as accurate as “hacks”, and far more correctly alerts us to the seriousness of their corruption.

And to disgrace and expose themselves to hold common cause with the sordid likes of “The View’s” most ignorant and hateful loudmouth! Astounding! I am again reminded of this moment in “A Man For All Seasons,” as Sir Thomas More confronts the man who lied under oath to falsely prove More'[s alleged treason:

But for Joy Behar!

Ethics Warm-Up, 11/8/19: “People Who Need To Leave” Edition

/ Jack Marshall / 6 Comments

1. Clean-up on the baseball aisle! Last April, I wrote a post urging Baltimore Orioles first-sacker Chris Davis to retire and save his desperate team some money, since it is clear that he can no longer play at a major league level despite being paid 23 million dollars in 2019, with a similar amount due him through 2022. At the time, Davis Davis was 0-for-23 with 13 strikeouts and  hitless in 44 at-bats since the previous season, when Davis batted .168, the worst in major league history for a regular, with a horrible .539 OPS (On base percentage plus slugging percentage), and a -2.5 WAR, meaning that the Orioles would have won 2.5 more games with a borderline major leaguer from the minors playing in his place.

Several readers have emailed me asking how things turned out for Davis, who did eventually get a hit, and who was still in the starting line-up frequently enough to hurt the team. The answer is that Davis was better than he was in 2018, but he was still horrible. He batted only .179, with a -1 WAR, and an OPS of  .601. He earned more than $418,000 per hit.

He’s earned almost 119 million dollars in his career, yet appears willing to continue to embarrass himself and hurt his team and team mates for three more sure-to-be-ugly seasons in order to collect another 69 million.

Yechhhh.

2. More on Joy Behar’s terrible, no good, very bad week: The highlight of Donald Trump Jr.’s visit to “The View” came after Behar recited the typical and overly-familiar talking points about Trump Sr.: “[President Trump] called some Mexicans rapists [Correction: He referred to illegal immigrants from Mexico as rapists who were rapists] , he attacked the handicapped, [No, Joy, he mocked a single handicapped reporter, and there is some evidence that he didn’t even do that], he bragged about it” [Huh?], and “We heard the ‘Access’ tape, where he bragged about grabbing women by their genitalia.” [No, he never said that he had personally grabbed any women “by the pussy.” Boy, am I sick of THIS narrative..] Rather than quibble with her, DJT Jr, had come armed and ready, and replied, “We’ve all done things that we regret, I mean, if we’re talking about bringing a discourse down, Joy, you’ve worn blackface.” Continue reading →

Morning Ethics Warm-Up, 8/7/2018: Back in the USSR

/ Jack Marshall / 18 Comments

Good Morning!

1. Self-Promotion Dept. I’m heading off to New Jersey today, to present one of my musical legal ethics seminars—3 hours!—for the New Jersey Bar Association. The real star is my long-time partner in these shows, New York-based singer/musician Mike Messer, who channels Freddie Mercury, Bob Dylan (with harmonica!), Paul Simon, even Johnny Cash in the various song parodies.  This one is called Ethics Rock Extreme, and ends, like all of my musical seminars, with a sing-along. Yes, we get lawyers to sing the chorus of the “Piano Man Parody”…

Sing us the Rules, you’re the ethics man
Sing us the Rules tonight!
We’re stuck in an ethics dilemma here
So tell us what’s wrong and what’s right!

(No, “Back in the USSR” is not one of the songs we do.)

2. First Amendment for me, but not for thee: In an embarrassing episode that is also telling, the Newseum has capitulated to a storm of protests from journalists and will no longer sell its popular “Fake News” mercahndise…like this shirt…

online or in its gift shop. “We made a mistake and we apologize. A free press is an essential part of our democracy and journalists are not the enemy of the people,” the Newseum announced Saturday in a groveling blog post. “Questions have also been raised regarding other merchandise. As an organization that celebrates the rights of people from all political spectrums to express themselves freely, we’ve historically made all types of political merchandise available for our guests to purchase. That has included former and current presidential slogans and imagery and merchandise from all political parties. We continue to do so in celebration of freedom of speech.”

Translation: “In celebration of free speech, we will acquiesce in the censoring of a particular expression of opinion on a humorous T-shirt, because it hurts journalists’ feelings.”

Again, I ask: why does anyone trust journalists and the organizations they represent? Continue reading →

Morning Ethics Warm-Up, 7/5/18: Dinosaurs, Savages, And Censors

/ Jack Marshall / 41 Comments

Good Morning!

1. Jurassic World II. I can’t honestly call this ethics, but as I posted about the film’s bad reviews earlier, I feel obligated to close the loop. I saw the movie last night, and as I knew I would, enjoyed it thoroughly, beginning to end. To those who did, I feel a bit the way I do about people who don’t like baseball, Westerns, Gilbert & Sullivan, and the United States of America: I’m sorry for you. This one even has a moment that seems to be written for those who don’t to help explain those who do, when Bryce Dallas Howard talks about her sense of wonder the first time she saw a dinosaur. Of course, the original movie better expressed the same sense of wonder in the iconic scene where Sam Neill is struck dumb by his first sight of  the brachiosaurus (and the lawyer’s only reaction is “We’re going to make a fortune with this place!”), but the Howard’s speech is no less an accurate description of how we dinosaur-lovers feel when we see these creatures on-screen.

No, it’s not the equal of the first “Jurassic World,” but it is excellent for the sequel, and better, I think, than either sequel to “Jurassic Park.” A vicious mutant raptor chasing a child through Victorian mansion is the stuff of nightmares, and a new concept; the dinosaur auction to a bunch of international bad-guys was a weird cross between “Goldfinger” and “Taken,” and several scenes, including the dinosaur stampede away from the erupting volcano, were worth seeing the film all by themselves. There were also more “Awww!” scenes than in all of the previous films combined: Chris Pratt’s home movies of bonding with the raptor babies; a mother triceratops and her adorable little one, and a haunting evocation of on of Charles Addams. best, but least funny, cartoons. I’ll leave it at that.

My biggest complaints would be that there was not enough of a role for the T-Rex, some of the deliberate homages to the earlier films were ham-handed and predictable, and that there was a fatal decision by one of the villains that made no sense to me at all. These flaws were more than compensated for by the star turn of the Pachycephalosaurus,  a species that had only cameos in “The Lost World” and “Jurassic World,” a terrific fight between a new species in the series, a Carnotaurus, and a Styracosaurus, (one of my mother’s best ceramic models in my collection) and several laugh-out loud moments authored by the dinosaurs. The film’s ending also sets up a final installment that should conclude the series, unless a “Jurassic Planet” is in the cards.

There are some ethics issues in the film, as in all of the films: respect for life, cloning, betrayal, and accountability for unforeseeable consequences. Michael Crichton had no qualms in his original novel with solving the problem of living dinosaurs by nuking the whole park, but Spielberg’s ending was better.

2. An Ethics Quiz That Is Too Minor To Justify A Whole Post. Do you find anything wrong with Donald Trump Jr. parading his new girlfriend in front of cameras at the White House before he is even divorced from his current wife? Writes Ann Althouse, “He and his wife have 5 children. He should be more discreet. Which, I know, obviously doesn’t sound like a Trump concept.” Let’s have a poll!

Continue reading →

Morning Ethics Warm-Up: 7/17/17 [UPDATED]

/ Jack Marshall / 80 Comments

Good morning, everyone!

1. President Trump is upset about an ABC-Washington Post poll that among other things indicates that 70% of those polled believe that he has acted “un-Presidential” since being elected. Several analysts have suggested that pollsters have slanted their polling pools toward Democrats (remember the election?), but my question regarding this poll is, “What the hell is the matter with the other 30%?”

How in the world could anyone conscious argue that Trump is “Presidential,” other than on the rather technical basis that since he’s President, what he does is by definition Presidential? It would be mighty nice if an aide, a Cabinet member, a daughter, a White House chef or someone would explain this to him, but I’m convinced: he doesn’t get it, he won’t get it, and what weve  seen is what we’ll continue to get.

2. ALERT! The forgoing was written after I was fooled by a fake news site, aided and abetted by Instapundit, which either was also fooled or linked to the site as its own joke.  Thanks to reader Tom Adams for being  more alert than I was and quickly flagging this.

And by the way, screw them. I’m taking off the link, and I will probably give the site an Unethical Website designation. The only hint that the site is a hoax site is the other stories (“GOP Adopts Christie’s Sad, Bewildered Face As New Party Mascot”), but I read dozens of stories every day, and if i stopped to check all the other boxed and highlighted pieces I would never have time to do my job. There is nothing on the home page designating the site as satirical. Unethical.

I apologize to anyone I led astray. Somebody alert Instapundit. I’m not speaking to it.  Here was the original post…

That said and mournfully accepted, he won, he’s President, and the fevered efforts to somehow turn back time (I would not be surprised to see a new Bon Jovi Direct TV ad on the subject)  by “the resistance,” the Democrats and the news media are profoundly anti-democratic. This is what Jake Tapper was alluding last week with his tongue stuck so firmly in his cheek that it almost broke through his face. “The conspiracy goes much deeper than anyone expected,” Jake Tapper said on his news segment “The Lead.” “We’re talking tens of millions of people involved in this secret plot to make sure Hillary didn’t make it into the White House and to prop up Donald Trump as the winner….It’s far more sinister than we thought.”

Yes, some conservative websites and others took Tapper’s pointed gag seriously. This tells us…

…how little trust CNN has left with many Americans..

…how dumb a lot of conservatives are…

…why broadcast news hosts and reporters, even fair and clever ones like Tapper, should avoid sarcasm, satire, or facetious statements, and stick to the facts.

…Jake Tapper should get away from CNN before its toxic culture ruins his reputation. Continue reading →

This Is Why It’s Time For Political Cartoons To Go

/ Jack Marshall / 35 Comments

 

Here (and above) is a sample of the bumper crop of political cartoons inspired by the Donald Trump, Jr. aborted meeting to acquire damaging information on Hillary that never materialized.

They are all, to various degrees, unfair, misleading, or simply untrue. Why is this acceptable? If presenting a false representation of the truth is required to make a joke, and the intended audience accepts what is false as fact, how is that justifiable?

The cartoon above, one of the most unethical, is typical of the work of Tom Toles, the Washington Post’s relentlessly biased cartoonist.

The others are presented below, in approximate order of unfairness and dishonesty.

They collectively state that there has been treason, a crime, corruption, collusion and conspiracy, and that there is actual, as opposed to speculated, “news” that the Trump campaign worked with Russia to interfere with the election. This is old fashioned yellow journalism-style political cartooning, throwing red meat to members of the public who want to believe that the President of the United States is a traitor so they can undo the election. That isn’t funny. That’s disgusting.

As I wrote in 2012, focusing on another dishonest and partisan Toles cartoon:

” Political cartooning peaked as a form of commentary about half a century ago, and has been declining ever since. Now it is dominated by hateful, unfunny and witless culture warriors who have as much in common with Jules Feiffer and Bill Mauldin as Mario Mendoza had in common with Hank Aaron. Are there exceptions? There are always exceptions. Pat Oliphant, Exhibit A, is brilliant, nuanced and clever; he’s also 77 years old, the last of the greats. If there are Oliphants out there, legitimate commentators who can make fair and honest observations with humor and a pen, great: what a wonderful alternative to the typical pundit rants. Put them on the editorial pages. The standard, however, should be content, not form. Political cartoons were once an efficient means of aiming a thousand words at non-readers and members of the public without the skills or education to grasp complex issues. They have become a vehicle for the unqualified and trivial-minded to acquire a platform they don’t deserve, to the detriment of the public and journalism.”

Now the evidence: Continue reading →

Morning Ethics Warm-Up: 7/13/17

/ Jack Marshall / 26 Comments

Good Morning!

1. I owe Robin Meade an apology. The astoundingly bright-eyed, bushy-tailed HLN morning host has been used here as an an example of the sexism of broadcast news media producers, and it is true that she is uncommonly attractive even by “news babe” standards. However, I have come to realize that she is also a unique talent, and more than just a pretty face and figure. Meade has natural presence and charisma, projects genuine optimism and and an up-beat nature, and most unusual of all, doesn’t spin the news or tilt her delivery to signal her own opinion. She’s really good at what she does. I’m sorry Robin; I was biased against you because you are attractive, which is just as wrong as being biased for you. You’re a pro, through and through.

2. Constitutional law expert Eugene Volokh (who is also my favorite candidate for a Supreme Court post if one opens up) published what I consider to be a definitive refutation of the claim that receiving opposition research, as in “damaging information about Hillary Clinton,” is a crime under current law. He also makes a case that it couldn’t be criminalized under future law:

“It would raise obvious First Amendment problems: First, noncitizens, and likely even non-permanent-residents, in the United States have broad First Amendment rights. See Bridges v. Wixon, 326 U.S. 135 (1945) (“freedom of speech and of press is accorded aliens residing in this country”); Underwager v. Channel 9 Australia, 69 F.3d 361 (9th Cir. 1995) (“We conclude that the speech protections of the First Amendment at a minimum apply to all persons legally within our borders,” including ones who are not permanent residents).

Second, Americans have the right to receive information even from speakers who are entirely abroad. See Lamont v. Postmaster General, 381 U.S. 301 (1965). Can Americans — whether political candidates or anyone else — really be barred from asking questions of foreigners, just because the answers might be especially important to voters?”

The professor concludes not. I hadn’t even considered the First Amendment issue in determining that the election law prohibition against receiving “anything of value” benefiting a candidate from a foreign nation or individual was not intended to preclude mere information, but Volokh’s argument seems air tight. Continue reading →

Observations On The Trump Jr. “Collusion” Attempt [UPDATED]

/ Jack Marshall / 44 Comments

1.  Preet Bharara, the ex-U.S. attorney fired by the Trump Administration, tweets…

Quick reminder: something doesn’t have to be illegal for it to be foolish, wrong and un-American.

True. When Donald Trump, Jr. was informed that a Russian lawyer wanted to meet with him to pass along damaging information about Hillary Clinton, he should have gone to the FBI immediately, because this could have been indicative of a national threat. Instead he said “Whoopie!” or words to that effect. Moron.

But we knew that.

*Notice of Correction: In the original post, I erroneously stated that Bharara had joined Mueller’s team investigating Russian interference with the election. That was incorrect. I apologize. I was confused by this headline from the Washington Examiner: Special counselor adds former Preet Bharara prosecutor to Russia probe: Reports. It’s a bad headline, but I should have read the whole article. Careless.

2. Similarly, if Danny Jr told Kushner and Manafort what he was told the meeting would be about, THEY should have told him that the meeting was a bad idea, and to report it. They are slime-bags, and none too bright either.

We knew that, too.

3. It may be pure moral luck that this didn’t turn into a serious breach of election laws. But the fact is that no information changed hands, as far as we know. There was no “collusion,” which isn’t a legal term anyway.

4. The New York Times, from its good side, actually detailed the legal realities of the case, which ironically show how absurdly over-heated and misleading its own coverage is. The Times consulted with legal experts who said,

  • The events made public in the past few days are not enough to charge conspiracy.  Renato Mariotti, a former federal prosecutor said the revelations are important because if further evidence of coordination emerges, the contents of the emails and the fact of the meeting would help establish an intent to work with Russia on influencing the election…at least on Donald Trump Jr.’s part.

But as has been the situation throughout, the episode is still waiting for real evidence of genuine collusion between the Russians and the Trump campaign, and this wasn’t it. The anti-Trump mob, in the news media and out of it, is so, so eager, so desperate, to prove sanctionable wrongdoing that it is pouncing on everything that contains a shred of hope.

  • There has to be an underlying federal offense that is being conspired to be committed. So far, there is no evidence of that, and the aborted meeting with the Russian lawyer didn’t come close.

If the e-mails released yesterday specified that what was being offered had been obtained by an illegal computer hack, that would  be enough. They didn’t. Continue reading →

Ethics Hero: Donald Trump, Jr.

/ Jack Marshall / 185 Comments

Donald Trump, Jr. just released the entire e-mail chain that the New York Times alluded to (without actually seeing it) in a front page story designed to advance the Russian-Trump collusion  narrative.

Good for him. It would be wonderful if this were the usual course, in the Trump administration and every other one. Stop stonewalling, get the facts out, and take whatever comes.

Observations:

1. New York criminal defense attorney Eric Turkewitz, seemingly displaying  the ethics of his breed, implies that Trump, Jr.’s attorney would have been telling him to delete the messages. That would be unethical, and quite probably spoliation, since the e-mails could be reasonably seen as likely to be sought in an investigation already underway. My assumption is that Trump’s lawyer approved the release. Maybe Eric would have too.

2. Vox, among others, are tracking down partisan election law lawyers who will argue that young Donald was violating election laws. I’m extremely dubious of that.

The relevant statute language:

A solicitation is an oral or written communication that, construed as reasonably understood in the context in which it is made, contains a clear message asking, requesting, or recommending that another person make a contribution, donation, transfer of funds, or otherwise provide anything of value.

Unless one is determined to read the statute as meaning what it pretty clearly does not, “value” means monetary value, not “useful.”  “Value” could reasonable mean services, like spending time and resources hacking DNC computers. But handing over a document already acquired? How is that value if it didn’t cost anything? If the information was not illegally obtained by the Russians, and we have no way of knowing whether it was, then simply receiving proffered information that might be useful in a campaign doesn’t involve a campaign in a crime.

3.  “Colluding” is a pejorative term, but not a legal one. Is an American “colluding” with a foreign power once he or she has been told that the power wants a particular result, and the American takes steps to accomplish the same result, but in his own interests? Is that a crime? No. Continue reading →