Saturday Ethics Warm-Up, 12/8/18: Last Weekend Before I Have To Decorate The %^&$! Christmas Tree Edition

Good morning!

1. How can this be? Based on the same documents, the President crowed that Mueller had nothin,’ and the mainstream Trump-hating media crowed that the walls were closing in. It’s a confirmation bias orgy! Charges aren’t evidence, and attempted contacts with a foreign power isn’t “collusion,” and we’ve already talked about the theory that paying off a floozy not to kiss and tell, which is 100% legal at all other times, is a stretch to call and election law violation when the rake is running for President. No such case has ever been brought; it’s dubious whether one would prevail; even if it did, this is a fining offense at most. [ For the record, this is the “resistance’s” Impeachment Plan K, in my view, one of the lamest.]

Both sides are jumping the gun. In the media’s case, it’s more fake new, future news and hype.

2. Stare decisis vs. the prohibition on double jeopardy. In Gamble v. US, just argued before the Supreme Court, the question is whether the federal government can try a citizen for the same crime a state court acquitted him of committing. I’ve always hated the rule that it can (the cops in the Rodney King case were jailed that way), because it seems clear to me that the Constitutional prohibition on double jeopardy (that’s the Fifth Amendment) was intended to prevent such trials. Still,  previous Supreme Court decisions have upheld the convictions.  In the current case, it appears from oral argument that a majority of the current justices agree with me, but are hesitant to so rule because of the doctrine of stare decisis,  which means respecting long-standing SCOTUS precedent.

A ruling to apply double jeopardy would be a ruling against stare decisis, meaning that Roe v. Wade might have less protection than many—including me–have thought. Stay tunes, and watch Justice Kavanaugh’s vote particularly.

3.  Is wanting to/needing to/ actually taking steps to changing one’s sex a mental disorder? There have been a lot of articles about this lately, especially in light of evidence that peer groups, the news media, LGBT advocacy and parents are making many young children want to change their sex before they even know what sex or gender is. The question is itself deceptive, because it pretends that “mental disorder” is anything but a label that can be used or removed with a change of attitude or political agendas. Vox writes,

Major medical organizations, like the American Medical Association and American Psychiatric Association, say being transgender is not a mental disorder. The APA explained this in explicit terms when it stopped using the term “gender identity disorder” in favor of “gender dysphoria”: “Part of removing stigma is about choosing the right words. Replacing ‘disorder’ with ‘dysphoria’ in the diagnostic label is not only more appropriate and consistent with familiar clinical sexology terminology, it also removes the connotation that the patient is ‘disordered.’”

Well, “removing a stigma” is hardly a valid criteria for deciding whether something is a malady or not. What being transgender “is” can’t be changed by what we call it. Recently narcissism was removed from the mental disorder list—that doesn’t change the fact that narcissists see the world and themselves in a way that most people do not, and that this perspective causes them and the people around them a lot of trouble during their lives. The process worked in reverse with alcoholism, where being officially labelled a disease removed a stigma.

I once directed the comedy/drama “Nuts,” which opines that “insanity” is just a view of reality not shared by the majority. It was on this basis that the Soviet Union sent dissidents to mental hospitals. I don’t care what various associations or professionals call these minority positions: we know that they are using bias and political agendas to devise the label. This is one area where a phrase I despise, “It is what it is,” may be appropriate. Continue reading

Now THESE Are Unethical University Administrators…

Harvard_ShieldHarvard University police say that an investigation revealed that former Harvard Law School administrators Meg DeMarco, 33, and Darris Saylors, 32, stole about $110,000  from a university account that exists to  to assist  students with disabilities. 

 

The investigation commenced in November 2013 when a new budget manager at the law school noticed some accounting discrepancies.  DeMarco and Saylors then resigned from their positions at the Dean of Students office. The ensuing inquiry revealed that the two had taken money out of the  fund to  buy dozens of laptops, iPads, iPods and other electronics, which police traced to  DeMarco’s home and Saylors’ apartment, but also to the homes of Saylors’ friends and family in California, Washington and Tennessee.  DeMarco used a mobile card reader to deposit school money directly into her banking account. In addition to the electronics, Saylors used Amazon to buy purses, clothing, jewelry, and even sex toys.

The Law School announced that “As a result of this matter, the Law School implemented additional layers of controls governing the use of its credit accounts and purchasing protocols.”

What a good idea! Continue reading

When You Consider The Wisdom Of Obama’s Campaign To Destigmatize Felons, Please Also Consider Felicia Menge Kelley

Portrait of a justice-involved individual...

Portrait of a justice-involved individual…

As it attempts to bolster its political support by sucking up to convicted criminals and their families, the Obama administration has been incrementally making it more difficult to distinguish felons from law-abiding citizens, arguing that once they have paid their debt to society, maybe they are no different. HUD, carrying out the Obama administration’s new theory that felons are just plain folks,  has decreed that landlords risk federal investigations if they reject rental applicants based on the applicant’s undisputed criminal record in newly-released guidelines. 

The Justice Department and the Department of Education are now using a euphemism to make convicts and those with rap sheets sound like they have a hobby: the new cover-phrase is “justice-involved individuals.” (Hillary Clinton is apparently a justice-involved individual.)

The problem with all of this is that being convicted of a felony is not like catching a cold, and often provides a strong clue that the individual involved is not quite as trustworthy as the boy scout or girl scout next door. Take, for example, this story:

From the ABA Journal:

A woman with a history of financial crimes in multiple states got a job as an office manager and bookkeeper for a North Carolina law firm, after a background check failed to pick up her earlier convictions under a different name.

That resulted in a loss of more than $150,000 to the firm, Yow, Fox & Mannen, District Attorney Ben David of New Hanover County told the Port City Daily. The firm’s now-former employee, Felicia Menge Kelley, 44, pleaded guilty on Tuesday to one count of embezzlement and was sentenced to a prison term of between 82 and 111 months, the newspaper reports. She will also be required to pay over $145,000 in restitution.

Kelley, who has previously worked for other law firms in the Jacksonville area, was convicted earlier under the name of Felicia Dawn Menge…

But I’m sure she’s just an exception to the rule…and gives a bad name to decent, hard-working, justice-involved individuals. It’s not like they are criminals or something.

 

 

Marco Rubio Trips an Ethics Alarm

Florida Republicans have a wonderful opportunity to demonstrate the proper response to a bracing ethics alarm. They can vote against Marco Rubio, the Tea Party-backed opponent of Governor Charley Crist in the Republican primary for the U.S. Senate.

Whatever Rubio’s virtues, ideological or otherwise, he set off the alarm with this: according to a carefully researched story in the Miami Herald, Rubio used his party credit card—his business credit card, issued to him by the GOP to use for party-related expenses only—to pay for things like: Continue reading