Sunday Afternoon Ethics Reflections, 11/20/2022, Part I: The Nuremberg Trials And Donald Trump

This time I’m separating the usual intro to these ethics potpourris with the enumerated stories. I began by noting that this is the anniversary of the beginning of the Nuremberg Trials in 1945, as notable an ethics milestone as one could imagine, from several perspectives. The trials were an admirable effort to make grand statement about the line of inhuman evil that even war could not justify and that a world would not countenance. They were also significantly hypocritical, just as the post-Civil War trial of Andersonville Prison commander Henry Wirz, the sole judicial precedent for Nuremberg, was hypocritical, punishment inflicted on the losers of a terrible war that could easily have been brought against the war’s victors if the results had been reversed.

There really was no enforceable international law to base the Nuremberg Trials on, making the trials illegal if not unethical. Did they stop genocide? No, and one could argue that the show trails didn’t even slow genocide down. They did, I guess, make people think; one important result of the trials was that the films of liberated death camps, made by U.S. troops and supervised by the great Hollywood director George Stevens, were finally shown. How much the trials made people think is much open to debate. I have always been fascinated by the issues raised by the Nuremberg Trials, and Abby Mann’s 2001 stage version of “Judgment at Nuremberg” was one of the productions I oversaw at The American Century Theater. Directed by Joe Banno, it included post show discussions after every performance, some with D.C. area historians, lawyers and judges as guests. Incredibly, I felt, the show had never been produced in the Washington D.C. area, professionally or professionally. Disgracefully is perhaps the better word. TACT’s was a professional, thoughtful and excellent production, yet the Washington Post refused to review it. “Dated,” was their verdict on most of my theater’s productions. The apathy about “Judgment at Nuremberg” was a major factor in persuading me to end my theater’s 20 year-long mission of presenting neglected American stage works of historical, cultural, theatrical or ethical significance.

But I digress. While I was checking to see whether I had noted this anniversary before (I had not), I found the following post, which was the earliest Ethics Alarms entry featuring a reference to the Nuremberg Trials. Written in 2012, it makes fascinating reading today, so here it is. One nostalgic note: Among the commenters on that post more than a decade ago were Michael Boyd (last heard from on this date ten years ago), Brook Styler (final comment), Chase Martinez ( left in 2015), Julian Hung (last heard from in August of last year), Danielle (who wished me a Merry Christmas in 2016, and vanished), Modern Knight ( final comment in 2017), and several one-time commenters who never returned. But Michael Ejercito was among them, speaking of loyalty. The good kind.

The Donald’s Dangerous Ethics: Loyalty Trumps Honesty On “Celebrity Apprentice”

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Ethics Dunce: Elon Musk

Sigh.

I can’t decide whether it is completely predictable that the richest man in the world has a 5th grader’s comprehension of ethics and integrity of principles, or whether it should alarm us all. I do know that those of us hoping that Musk could transform Twitter from the censorious, leftist propaganda organ that it has become into a fair and valuable platform for public discourse are probably going to be disappointed.

Musk said on Twitter yesterday that he was reinstating former President Donald J. Trump to the platform, and poof!, Trump was back on the site. That’s fine: Musk should have reinstated him immediately as soon as he had the metaphorical reins of Twitter in hand. His banning in 2021 was both partisan and political; as the immediate former President, Trump’s ability to express his opinions and positions on the most used social media platform was essential to the national dialogue, regardless of what he had to say, or how obnoxiously he might say it. The principles that supposedly led Musk to spend billions of dollars buying Twitter demanded that Trump be reinstated.

But what did Musk do? He put the matter up for a vote on Twitter. How does that compute, as the robot on “Lost in Space” might say? Allowing a group to vote to decide whether an individual gets to speak or not is the epitome of censorship. Stifling free expression by those who are unpopular or who have unpopular opinions is the antithesis of the First Amendment. Doesn’t Musk understand that? Apparently not, or, perhaps more likely, he does understand it to the extent he has thought about it in his brilliant but weirdly wired brain, but doesn’t care. The vote was good publicity. The vote would get headlines. The vote would attract new accounts. Principles, shminciples; ethics, shmethics. I own this place and I’ll do what I want.

That’s basically the Donald Trump approach to ethics. Great.

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Worst Idea Ever: Donald Trump As Speaker Of The House

In “Jurassic Park II: The Lost World,” Dr. Ian Malcolm (Jeff Goldberg) tells John Hammond’s ambitious and foolish nephew, “Taking dinosaurs off this island is the worst idea in the long, sad history of bad ideas.” Indeed, a T-Rex does run amuck in San Diego later thanks to the irresponsible scheme, eating several people in the process.

But taking a Tyrannosaurus Rex to the U.S. was still a better idea than the idea being floated by some deranged Republicans to make Donald Trump Speaker of the House. I’m not convinced that making a T-Rex Speaker of the House wouldn’t be a better idea.

Most Americans don’t know that the Speaker can be anyone—you, me—whether or not that individual is a member of House of Representatives. Every Speaker has been a member, however, for the obvious reason; bringing in an outsider is dangerous and an invitation to disaster. Making Trump Speaker would be infinitely worse. The chaos he would cause in beyond even my fertile imagination to consider. Any Republican that seriously suggests such a thing should be marked for shunning and political cancellation.

Here’s the scary thing: if Democrats want to destroy the Republican Party as surely as dropping them all in an acid bath, voting to give Trump the Speaker’s position would be the way to do it. Could they be that Machiavellian? Well, it’s the same party that spent millions winning primaries for the very same GOP “election deniers” they later declared to be clear and present dangers to democracy—and that cynical, hypocritical strategy worked.

I wouldn’t put it past them.

I wouldn’t put anything past them.

Morning Ethics Warm-Up, 11/7/2022: Approaching Dread Edition

Speaking of threats to democracy: this is the anniversary of the day in 1944 that voters elected Franklin Delano Roosevelt to a fourth consecutive term. There is little question in my mind that had FDR been healthier, he was perfectly capable of deciding to run for fifth and sixth terms too; this was a looming American dictator who wasn’t hiding it, and Americans still blithely voted for him. Everything about Roosevelt made him the template for a democracy-busting, cult-of-personality Big Brother USA, including his ruthlessness. We were lucky: another of the many examples proving Bismarck right when he said, “There is providence that protects idiots, drunkards, children, and the United States of America.”

Oh, he probably didn’t say it, but I’ve taxed quote maven Tom Fuller enough for one week…

1. For my own mental health, I’m going to eschew reading the pre-election freak-outs by New York Times pundits showing up today with titles like “Republicans Have Made It Very Clear What They Want to Do if They Win Congress” and “Dancing Near the Edge of a Lost Democracy.” Still, I couldn’t resist starting to read “What Has Happened to My Country?” but quit when Margaret Renkl made me read, “…Right-wing politicians and media outlets have turned American democracy upside down through nothing more than a lie. They put forth Supreme Court candidates who assure Congress that they respect legal precedent but who vote to overturn Roe vs. Wade the instant they have a majority on the court….”

There is nothing inconsistent about respecting precedent while deciding that a particular case precedent is too misguided and destructive to uphold, Margaret.

“…They endorse political candidates who openly state that they will accept only poll results leading to their own election….”

No candidate has stated that, openly or otherwise, Margaret, you hack.

“They denounce calamities where no calamities exist…”

That was it! I quit. A mouthpiece for the party claiming that electing Republicans will destroy democracy, whose #3 ranking official in Congress compares the U.S. today to Germany in the 1930s when Hitler was on the rise [Pointer: Other Bill], that thinks “The Handmaiden’s Tale” is about to become reality because of the Dobbs decision, and that has gone all in on speculative climate change doomsday predictions does not get to say that about Republicans and be taken seriously.

2. Dangerous slippery slopes ahead….NBA superstar Kylie Irving shared a tweet that promoted the “Hebrews to Negroes: Wake Up Black America” documentary and book. Both are, by all reports, pretty vile, with familiar anti-Semitic tropes like Holocaust denial and claims of a world-wide Jewish conspiracy. There is nothing inappropriate about employers disciplining employees who put their organizations in unflattering light that might hurt reputations and profitability, nor with the Brooklyn Nets suspending Irving for “at least five games” without pay over the controversy. That’s reasonable, even a bit lenient. He responded with a publicist-drafted apology. Then Nike announced that it is suspending its relationship with Irving and will not release Irving’s highly anticipated new shoe, the Kyrie 8, which was scheduled to be released this month.

That’s also fair. A celebrity who represents a corporation and its products can’t engage in high profile prejudice and expect to keep the gig. The loss of the Nike deal will cost Irving many millions of dollars, and that’s what happens when you embarrass a business partner. However, now the Nets have given Irving an ultimatum of sorts: in order to rejoin the team and start collecting his salary, he must.fulfill six requirements:

  • Apologize and condemn the film he promoted
  • Make a $500,000 donation to anti-hate causes
  • Complete sensitivity training
  • Complete anti-semetism training
  • Meet with the ADL and Jewish leaders
  • Meet with team owner Joe Tsai to demonstrate an understanding of the situation

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Still More Mar-A-Largo Raid Ethics…

The PDF of the unsealed search warrant and attachments is available here.

  • The central ethical conflict in this mess is between the danger of criminalizing politics, a warning sign of, as conservative talk show host Mark Levin says, creeping Stalinism, and appropriate revulsion at allowing anyone, including Presidents, ex-Presidents and would-be Presidents, to be “above the law.”
  • This inevitably leads to “whataboutism” arguments, and legitimate accusations of double standards. Hillary Clinton committed acts that other, lesser mortals have been prosecuted for, despite James Comey’s typically dishonest statements to the contrary. The Clinton Foundation, which operated–cleverly, creatively and mostly carefully—as a money laundering, pay-to-play and influence peddling operation for the benefit of Clinton family members in perpetual violation of basic non-profit practices and guidelines, mysteriously wound down to nothingness once Hillary had no influence left to peddle and no prospects for regaining any. An FBI raid of Clinton Foundation offices would have almost certainly turned up some fascinating documents, but the Trump Justice Department, which was, as we know, stuffed with Clinton loyalist holdovers, never went that far in its investigation, such as it was. There is a substantial distinction between crowds chanting “Lock her up!” and serious attempts to actually lock her up.

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Ethics Dunce (And Partisan Hack): Former Assistant U.S. Attorney Daniel Goldman

Daniel Goldman earns the Ethics Alarms clip with Sir Thomas More’s scalding indictment of the character of “A Man For All Seasons” villain Richard Rich, “Why Richard, it profit a man nothing to give his soul for the whole world. . . but for Wales?”

Donald Trump, fighting a coordinated (I believe) Democratic assault from all sides in a desperate effort to neutralize him (an effort than has continued unsuccessfully for a ludicrous six years!) invoked his Fifth Amendment rights against self-incrimination at a deposition for New York Attorney General Letitia James (D). While the ongoing January 6 kangaroo court in the House seeks to prove that Trump planned an “insurrection,” and the Justice Department raided his home ostensibly to find sufficient evidence to prosecute him for mishandling of classified documents, James is continuing her state’s long-running attempts to prove Trump engaged in illegal financial activity and/or corrupt business practices

After Trump’s non-response was reported, Goldman, who was an assistant U.S. attorney in the Southern District of New York for 10 years, tweeted,

“The Fifth Amendment ensures that people are not forced to incriminate themselves. But you don’t take the Fifth if you didn’t do anything wrong.”

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Why Must I Be A Blogging Ethicist In Ethics Zugzwang?

I was going to sing it, but it doesn’t fit the music…

Here is my problem…

Describing the ugly developments arising out of the Democratic Soviet-style show trial aimed at neutralizing Donald Trump by criminalizing his post election excesses, and, if possible, intimidating and harassing his supporters past and present, esteemed former federal prosecutor Andrew McCarthy writes in part, Continue reading

Ethics Observations On The Fake Trump Interview Walk-Out Story

Yesterday, the conservative New York Post reported,

Former President Donald Trump blasted Piers Morgan as “very dishonest” while walking out of an interview with the TV presenter and Post columnist after being pressed on his claims that he lost the 2020 presidential election due to voter fraud.

The walk-out story was picked up and reported in many other publications and forums. It wasn’t true. Morgan and whoever handles his promotion had sent out edited segments of a much longer interview on his new TV show, “Piers Morgan Uncensored” on Talk TV, which debuts next week.

An audio recording indicated that the interview did not end with Trump storming off the set, as the promotional video indicated and the Post and others reported. According to the recording, the two men thanked each other and laughed as the interview came to an end. Continue reading

Incredible: Trump’s Lawyers Try An Even More Unethical Judicial Recusal Argument Than The One Democrats Are Using Against Justice Thomas

Where does Donald Trump find his ridiculous lawyers? Did they get degrees by sending in applications from match book covers or comic books like the one above?

Trump attorneys Alina Habba and Peter Ticktin want U.S. District Judge Donald Middlebrooks to recuse himself from Trump’s lawsuit accusing Hillary Clinton of being part of a conspiracy casting his 2016 campaign as colluding with Russia (which, of course, she was). Their motion, filed this week argues that Middlebrooks could be biased because Hillary’s husband selected him for the court in 1997.

Their motion says in part,

“There is no question that Judge’s Middlebrooks’ impartiality would be questioned by a disinterested observer, fully informed of the facts, due to Judge’s relationship with the Defendant, either, individually, or by the very nature of his appointment to the Federal Bench, by the Defendant’s husband. The most important issue is not simply that justice must be done, but also that justice must appear to be done. This could not be more important in a case like the above styled cause, where wrongs in regard to a presidential election are to be redressed.

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Serious Question: What Kind Of Person Would Want Someone To Be U.S. President Who Would Consider Something Like This…

…never mind say it out loud?

During a speech to donors in New Orleans, Louisiana a few days ago, Donald Trump actually, really, honest-to-goodness said that maybe the U.S. could trick Moscow and Beijing into fighting each other by disguising its F-22 fighter jets with Chinese flags “and bomb the shit out” out of Russia! “And then we say, China did it, we didn’t do, China did it, and then they start fighting with each other and we sit back and watch.”

Oooh, good plan!

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