The Seventh Annual Ethics Alarms Awards, Part II: The Worst of Ethics 2015

Donald and Hillary

Ethics Corrupters of the Year

(Awarded to the unethical public figure whose prominence, popularity and success most corrupts the public’s ethical values)

A Tie: Hillary Clinton and Donald Trump.  Nobody else is close.

I’m sorry that these two are so dominating the awards. They also dominated the posts last year. If they dominate the awards next year, God Save The United States of America…

Double Standard Of The Year

The deference accorded to anti-white protesters on dozens of college campuses, not just by spineless administrators but much of the news media. Similar protests, conduct and rhetoric by white students would be immediately condemned for what it would be: blatant racism.

 Lie of the Year

Hands Up! Don’t shoot! The lie was uttered in 2014, but acquired new status after the Justice Department unexpectedly and definitively determined that the evidence did not support the inflammatory myth that Mike Brown was shot dead in Ferguson while trying to surrender to Officer Wilson. Never mind: the lie is part of the manifesto of Black Lives Matter and similar groups; it is still alluded to by activists and shameless politicians; it still divides the nation and focuses hate on police departments; and it has contributed to getting police officers killed while making communities more vulnerable to crime. It may be the Lie of the Decade.

Uncivil U.S. Official of the Year

Justice Antonin Scalia, who crossed all lines of judicial restraint, collegiality and civility when he excoriated his colleague, Justice Kennedy, who was the fifth vote in the majority of SCOTUS’s ruling  that same-sex marriage was a Constitutional right no state could deny, with this comment in a footnote:

“If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: ‘The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,’ I would hide my head in a bag. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.”

——U.S. Supreme Court Justice Scalia,

 

The Jesse Jackson Award 

(For the Year’s Worst Amateur Diplomat)

Barack Obama.  I know, this is snarkier than I like to be in these awards, but the signature diplomatic measure of the past year, the astounding, one-sided, dangerous and Munich-like deal with Iran, could only be the product of an ideological tyro placing wishes and hopes over diplomatic responsibility, and not for the first time. For most Presidents, trading dangerous terrorists for a deserter would be nadir. History has seen many tragedies seeded by world leaders with no diplomatic skills: the disastrous Treaty of Versailles,  Potsdam, and the treaty that this one most resembles, negotiated by the hapless Neville Chamberlain. We can only hope that the worst case scenario doesn’t materialize, but if it does not, it will be moral luck.

Most Unethical Sports League

New England Patriots quarterback Tom Brady speaks at Salem State University in Salem, Massachusetts, May 7, 2015. REUTERS/Charles Krupa/Pool ORG XMIT: BKS06

The NFL, for the third year in a row. “Concussion,” Tom Brady, Deflategate, more evidence that NFL players are slowly killing themselves with brain damage, Johnny Manziel.  What a great sport pro football is.

Sports Cheat of the Year

Tom Brady, New England Patriots ball-deflating quarterback.  Brady eventually avoided punishment because the NFL botched both its investigation and its imposition of penalties, but his smirking, cynical comments about the incident made it clear that he thinks cheating is no big deal, and most of his fans agree.

Not surprisingly, Brady supports Donald Trump.

Unethical Lawyers of the Year

Law Firm Division:  Lawyers Stephen Diaco, Robert Adams and Adam Filthaut of the Florida firm Adams & Diaco were found to have “maliciously” set up the drunken-driving arrest of their opposing counsel in a  high-profile defamation trial. The plot involved a comely paralegal and a cooperative DUI cop. Last I checked, it looked like all three lawyers would be disbarred for life.

Scary Lawyer Division: California lawyer Douglas Crawford  held a can of pepper spray a yard from the face of the opposing lawyer saying, “I will pepper-spray you if you get out of hand.” Then the lawyer pointed a stun gun at Traver’s head and said, “If that doesn’t quell you, this is a flashlight that turns into a stun gun.” To show he wasn’t kidding, Crawford discharged the stun gun the startled lawyer’s face.

Hard-working Lawyer Division: Massachusetts lawyer,  Karen Andrade, was  charged with prostitution after a police investigated a report by a suspicious neighbor and  found online reviews of both the lawyer’s legal services and her escort services

Celebrity Lawyer Division: Michael Cohen,  one of Donald Trump’s lawyers, told the Daily Beast that it was legally impossible for a man to rape his wife. He was only a couple of decades and many court cases behind on his research. That piece of legal scholarship came after he had threatened the website’s staff in language usually associated with loan sharks and pimps.

Unethical Prosecutor of the Year

Mosby

Baltimore’s City Attorney Marilyn Mosby
Continue reading

Observations On The CNN Republican Candidates Debate

Is it the debate, or the Burger king Commercial?

Is it the debate, or the Burger king Commercial?

1. Whoever decided that presidential candidates debates require  patriotic songs to start them off should be shunned and mocked. This simultaneously over-sanctifies the event and trivializes it. This is a serious enterprise, but not that far removed from a an interview on “Meet the Press,” and it’s also not a variety show.

2. With Wolf Blitzer’s competent, respectful, fair and benign debate moderation last night,  media and liberal pundit defenders of the disgraceful CNBC inquisition should admit they were defending the indefensible.

3. Ted Cruz had a terrible night, meaning his arrogance,  cynicism and dishonesty were exposed and nobody trapped him into it. His talking over the moderators after they repeatedly told him to pipe down was outrageous. His long, evasive non-answer to the question about why he refused to level the same criticism of Trump in public forums that he has made in private appearances was like a parody of a double-talking pol. Cruz’s plan, it’s obvious to see, is to avoid alienating Trump’s base so he can snap it up when The Donald finally starts imitating Michael Richards in his career-ending stand-up meltdown or does something similarly self-destructive. At this point, that plan appears irresponsible and cowardly. Cruz is the best qualified candidate to take Trump apart, because he has the rhetorical tools and requisite ruthlessness to do the job right. That means that he has an ethical obligation, not just as a Republican but also as a citizen, to remove this ugly blight from  the political scene before he does more damage. Yet he refuses to do it.

There has been a lot of talk about what disqualifies a candidate to be President. Cruz’s refusal to take on Trump when he knows how wrong and dangerous he is disqualifies him. Continue reading

10 Ethics Observations On The CNBC Republican Presidential Candidates Debate

cnbc_moderatorsnew

The transcipt is here.

1. Seldom are the  verdicts on a presidential debate as near unanimous as those on last night’s CNBC affair, in which Gov. John Kasich, Mike Huckabee, Carly Fiorina, Gov. Chris Christie, Jeb Bush, Donald Trump, Dr. Ben Carson, Sen. Marco Rubio, Sen.Ted Cruz, and Sen. Rand Paul took loaded questions from the CNBC panel of Becky Quick, John Harwood, and Carl Quintanilla. The questions and interjections from the moderators were so hostile, so disrespectful, so obviously concocted from a biased perspective, that the criticism came from all sides of the political spectrum.

Mostly the work of the CNBC trio was just unprofessional. The rules seemed arbitrary, the three talked over each other, they neither commanded nor deserved the participant’s cooperation. It was, correctly, called the smoking gun of news media bias, and a terrific honesty, fairness and integrity test for anyone watching. If you did and still say that it didn’t stench of a hostile exercise in media bias, then you lack all three. It was an embarrassment for CNBC and journalism.

2. Ironically, though the moderators were terrible, it arguably was the best debate yet for the Republicans. The hapless trio actually gave Sen. Ted Cruz a chance to show that you tangle with him at your peril, and to display his impressive mind and speaking ability. He said…

“Let me say something at the outset. The questions asked in this debate illustrate why the American people don’t trust the media. This is not a cage match. And you look at the questions — Donald Trump, are you a comic book villain? Ben Carson, can you do math? John Kasich, will you insult two people over here? Marco Rubio, why don’t you resign? Jeb Bush, why have your numbers fallen? How about talking about the substantive issues? The contrast with the Democratic debate, where every thought and question from the media was, which of you is more handsome and why? Let me be clear: The men and women on this stage have more ideas, more experience, more common sense, than every participant in the Democratic debate. That debate reflected a debate between the Bolsheviks and the Mensheviks. Nobody believes that the moderators have any intention of voting in a Republican primary. The questions being asked shouldn’t be trying to get people to tear into each other, it should be what are your substantive solutions to people at home.”

Bingo. Cruz’s perfectly delivered reprimand is being sloughed off by many in the press as a repeat of Newt Gingrich’s trick, in the 2012 debates, of routinely beating up on moderators regardless of what they asked. This, in contrast, was fair, accurate, as perfectly delivered as it was impressive. I had followed the debate closely, and I wouldn’t have been able to run down the list of hostile questions like that without checking notes. Cruz is probably the smartest candidate in the race. Too bad he’s a rigid ideologue and a demagogue with the charisma of a chain saw.

3. CNN’s comment on the Cruz slap-down: “Here’s an attack all Republicans can love.” This means, I suppose, that only Republicans care about having a news media that isn’t trying to manipulate national elections. That conclusion should offend all Democrats—unless, of course, it is true. The desire to have an unbiased and competent news media should not be a partisan issue. Continue reading

Joe Biden, The Republicans, And The Lawn Chair Test

lawn chairs

I’m not exactly disappointed that Biden passed on challenging Clinton and Sanders for the Democratic nomination, in part because if I ended up having to vote for him next November, I might have gone directly from the voting booth to the bridge. Still, ol’ Lunchbucket Joe would have offered some hope that a presidential candidate would emerge in this election cycle that it wouldn’t be historically irresponsible to vote for.

Conservative pundits keep writing that Biden would be identical to Obama, his third term. In our history, do you know how often that assumption has proven accurate.? Never. Van Buren was supposed to be Andy Jackson’s third term; Taft was Teddy’s, Bush was Reagan’s. The only difference now, and it is significant, is that in those three instances, the previous POTUS was strong and effective. Obama, on the other hand, has been weak, ineffective, destructive and incompetent. It is difficult to imagine how Biden could be worse.

Forget about Obama, though: why would Biden have been preferable to the Democrats who are serious candidates? Chafee and O’Malley aren’t worth discussing; they aren’t going to be on the ballot. As for the rest… Continue reading

Ethics Observations On The Republican Presidential Candidates Debates

GOP debate

[I have another three hour legal ethics seminar (fifth seminar in six days, in four cities) to handle this morning, then I drive to Boston and fly to D.C. Getting up all the posts on the runway will be a challenge: wish me luck. I began the day at Ethics Alarms getting this nice message from a new commenter, a Mr. S M Tenneshaw, who wrote, “You’re not a joke, you’re a worthless piece of shit” in response to this controversial post from 2013. Ah, how exhilarating for that sentiment to be the day’s first contact with human life!]

Here are my comments on the marathon debate last night:

  • Jake Tapper did an extraordinary job at  being a fair, organized, efficient and firm moderator. I was in awe. I was less impressed with his  late innings resort to questions reminiscent of Barbara Walters’ infamous question to Katherine Hepburn, “If you were a tree, what kind would you be?’ [ NOTE: In the original post,, I incorrectly attributed this to Barbara’s Jimmy Carter interview, which was also cloying. Always got those two mixed up…] Later, after the debate, Tapper complained that there were some important questions he didn’t get to ask. If that’s true, Jake, why ask such silly ones as “What woman would you place on the ten dollar bill?,” and “What would your code name be as POTUS?” Some of the answers were inexplicable  (I had to have someone explain to me why Carly Fiorina said “Secretariat” as her code name. She was referencing her humble beginnings, not the Triple Crown winner…), some were alarming (Chris Christie wants to put the ADDAMS FAMILY on a bill? Oh, right, Abigail. ONE ‘D’. Good answer.) and some were pathetic pandering (Dr. Carson: “One Nation”? As the code name for the President? Uh, Ben, what are you doing?)

“Do we want someone with that kind of character, that kind of careless language to be negotiating with Putin? Do we want someone like that to be negotiating with Iran? I think really there is a sophomoric quality that is entertaining about Mr. Trump, but I am worried. I’m very concerned about having him in charge of the nuclear weapons because I think his response, his real response to attack people on their appearance, short, tall, fat, ugly. My goodness, that happened in junior high. Are we not way above that? Would we not all be worried to have someone like that in charge of the nuclear arsenal?”

Obviously nobody with any historical knowledge, theatrical sense and rhetorical skill coached Paul, who is apparently too arrogant to watch YouTube. First, a Welch retort has to be delivered with withering contempt, not snotty combativeness. Second, the deliverer has to talk directly to the target; this is key. Not “he,” Senator. “YOU.” Third, whether or not the question was about the temperament of the man with his finger on the button, the danger of having a leader who behaves like Trump goes far beyond that.

  • Still, Welch’s tactic worked a bit. Trump’s rejoinder, essentially “You’re ugly, too!” got what sounded like awkward laughter, and Donald Trump, who is an entertainer, and who, like most experienced performers, can sense what an audience is feeling, was very subdued the rest of the debate.

Continue reading

Ethics Quote of the Month: Dan Savage

“If being gay is a choice, prove it. Choose it. Choose to be gay yourself. Show America how that’s done, Ben, show us how a man can choose to be gay. Suck my dick. Name the time and the place and I’ll bring my dick and a camera crew and you can suck me off and win the argument.”

—Columnist and gay rights advocate Dan Savage, responding to Dr. Ben Carson’s assertion on CNN that being gay is a choice, and that men choose to become gay as a result of prison experiences.

"Hmmm...I'm straight, but that Dan Savage looks mighty good. Maybe I should choose to gay...."

“Hmmm…I’m straight, but that Dan Savage looks mighty good. Maybe I should choose to be gay….”

Some observations:

1. Savage works in shock rhetoric the way Rodin worked in marble. Yes, the response to Carson is uncivil and vulgar. As such, it is as good an example as one could find of the importance of not banning words, even the obscene, ugly and hurtful ones. They are certainly subject to abuse, like all words. Still, they have legitimate and valuable uses.

2. Unfortunately, because Savage’s own conduct in the gay rights wars has been unyieldingly abusive, contemptuous and hateful, he only amuses his own constituency, and persuades no one who needs persuading. Yet his comment deftly unmasks the absurdity and ignorance of Carson’s. If it had come from a critic who was regarded as objective and not habitually offensive for the sake of being so, Savage’s attack would have impact beyond those who already have made up their minds about Ben Carson.

3. Thus the lesson of Savage’s assault is that incivility’s effectiveness, like its justifiability, is inversely related to its rarity. Continue reading

Ben Carson’s Apology

Prison rapeOn “New Day” yesterday, Dr. Ben Carson, who is inexplicably favored by some as a 2016 Presidential nominee (perhaps because electing someone with virtually no leadership experience has worked out so well), was asked by host Chris Cuomo whether being gay was a choice, Carson replied: “Absolutely.”

“Because a lot of people who go into prison go into prison straight — and when they come out, they’re gay. So, did something happen while they were in there? Ask yourself that question,” Carson said.

This, as anyone who has been conscious over the past 20 years or so should have been able to predict, caused great consternation among the gay community and thoughtful people generally. It was approximately as ignorant as Mets’ infielder Daniel Murphy’s comments yesterday about Billy Bean, a former major league baseball player who is the sport’s “ambassador for inclusion.”  Murphy said,

“I disagree with his lifestyle.I do disagree with the fact that Billy is a homosexual. That doesn’t mean I can’t still invest in him and get to know him. I don’t think the fact that someone is a homosexual should completely shut the door on investing in them in a relational aspect. Getting to know him. That, I would say, you can still accept them but I do disagree with the lifestyle, 100 percent.”

The difference is that Carson may be running for President, whereas all Murphy has to do is get on base and turn double plays, so Murphy saying utterly stupid things like claiming that being gay is a “lifestyle”isn’t all that relevant to his career choice. Actually, I’m not certain Carson’s statement isn’t worse, especially since he’s an educated man. I haven’t seen any surveys in which former prisoners say they have been “turned gay” in prison. We know that a lot of prisoners are raped, and we know that mane confined for long periods with other men and no women may resort to homosexual sex, but no research has suggested that this experience turns such men gay. Perhaps Carson believes that engaging in homosexual sex means a man is gay, which is like believing that a man stranded in the wilderness who survives on mushrooms and nuts is a vegan.

Carson, or whoever is trying to make this sow’s ear of a candidate into a Presidential purse, quickly decided that a retraction was in order, so Carson issued, on Facebook, a long apology, saying in part:

In a recent interview on CNN, I realized that my choice of language does not reflect fully my heart on gay issues. I do not pretend to know how every individual came to their sexual orientation. I regret that my words to express that concept were hurtful and divisive. For that I apologize unreservedly to all that were offended.

I’m a doctor trained in multiple fields of medicine, who was blessed to work at perhaps the finest institution of medical knowledge in the world. Some of our brightest minds have looked at this debate, and up until this point there have been no definitive studies that people are born into a specific sexuality.

He concluded, Continue reading

I Can’t Wait To Find Out If Craig Hicks Was Just A Murderer Who Killed Three Innocent Neighbors Over A Parking Space, Or A Bigoted Murderer Who Killed Them Because They Were Muslims.

"EXTREMIST!"

“EXTREMIST!”

I am sitting here, drinking coffee and trying to wake up, and listening to CNN go on ad nauseum about the FBI investigation into whether Craig Hicks’ murder spree is a “hate crime.” No, I personally think he shot his neighbors because at that moment he was overcome with affection.

Sure, it’s important to know the motive for any murder. The “hate crime” scar on our laws, however, is creeping government thought control. After all, the law adds penalties to the punishment for a proven crime according to what the criminal was thinking, and nothing else. That’s thought-crime, by definition. The point is and was —-and this is another gift to the culture from the increasingly fascist-tending American Left, which wants to make it impossible (or painful) not to think as good people (you know, them) think—to use such prosecutions to send the message that it’s not just wrong to be prejudiced, it’s illegal and evil, and those who hold such views must be removed from society like tumors. Thus we are subjected to the interminable blathering that just finished on CNN about what the FBI’s examination of Hicks’ completely legal and Constitutionally protected writings and statements suggested about whether his thoughts should put him in jail for a few more years or decades. The message is unambiguous. Carol’s guest, a human rights expert, explained that Hicks’ act was a hate crime if any part of his motive was hateful.

Boy, Jesus was really ahead of his time: no wonder he warned us to love our enemies. It makes it safer to kill them. Continue reading