Tag Archives: Ethics Estoppel

Morning Ethics Warm-Up, 8/31/18: Labor Day Weekend Edition

Good Morning.

This was in some respects the worst month in Ethics Alarms history, and I won’t be sorry to see it go. This weekend I will be spending more hours trying to cover ethics issues and developments while  knowing that an even smaller group of readers will bother to consider them, as they will off at beaches and mountain retreats, or sweltering at backyard barbecues. I have to admit it’s discouraging, and makes what needs to feel important and stimulating feel like an unsatisfying slog instead. Well, if you’re reading this, it’s not your fault.

1. Ethics estoppel. I couldn’t believe I read more than one local account of last night’s Detroit-Yankee game, a crushing loss for New York, complaining that Tigers DH Victor Martinez’s game-tying homer in the 9th “wouldn’t have been a home run in any of the other 29 Major League stadiums.”  Wow. The unmatched dominance of the New York Yankees over all of baseball has been significantly aided by its uniquely short right field fence ever since the original Yankee Stadium was built to provide cheap right field home runs to Babe Ruth, who hardly needed any help. Even though the shot to right isn’t as easy as it used to be (those old Yankee Stadium dimensions are illegal now), the Yankees still build their offense around that fence, and it is substantially responsible for the fact that the team leads all of baseball in home runs, and games won by cheap home runs.

Yankee fans and media are estopped from complaining when an opposing player benefits for a change. What utter gall!

2. Worst management ethics ever. President Trump is again tweeting about what a lousy job Attorney General Jeff Sessions is doing. Is he trying to make Sessions resign? Why? Why doesn’t he just fire him? This is a guy who became famous using “You’re fired!” as a trademark. Undermining a subordinate in public can’t possible make him or her perform better. It also signifies a dysfunctional organization and chain of command. In Sessions’ case, it makes the target look like a pathetic weenie devoid of self- respect. If my boss complained in public about me, I would resign that very day, with a brief statement that no professional should have to endure such gratuitous abuse from a superior, and that I would not. Continue reading

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Ethics Observations On The Eric Schneiderman Scandal

I probably shouldn’t say this, but the guy always looked a little scary to me….I sure would never get in bed with him.

The New Yorker revealed yesterday that four women who had relationships with Eric T. Schneiderman, the New York attorney general, accused him of violent abuse. In response, he  issued the kind of explanation that is usually as damaging as the allegations it responds to : Schneiderman, 63, denied abusing the women, and said, “In the privacy of intimate relationships, I have engaged in role-playing and other consensual sexual activity. I have not assaulted anyone. I have never engaged in nonconsensual sex, which is a line I would not cross.”

Ah! As long as it’s not rape, he’s OK with it then.

This did not help. Demands that Schneiderman resign flooded the internet and airwaves, including one from New York Governor Andrew Cuomo. By the end of the day, Schneiderman, who had been a champion of both the #MeToo movement and the anti-Trump “resistance,” had resigned. His statement:

“In the last several hours, serious allegations, which I strongly contest, have been made against me. While these allegations are unrelated to my professional conduct or the operations of the office, they will effectively prevent me from leading the office’s work at this critical time. I therefore resign my office, effective at the close of business on May 8, 2018.”

The irony and hypocrisy are strong with this one. In 2010, as a state senator, he introduced a bill to make intentional choking to the point of unconsciousness a violent felony. Coincidentally, one of his accusers quoted in the New Yorker revealed

“It just came out of nowhere. My ear was ringing. I lost my balance and fell backward onto the bed. I sprang up, but at this point there was very little room between the bed and him. I got up to try to shove him back, or take a swing, and he pushed me back down. He then used his body weight to hold me down, and he began to choke me. The choking was very hard. It was really bad. I kicked. In every fiber, I felt I was being beaten by a man.”

 The state chapter of the National Organization for Women, Bill Clinton’s fan club, endorsed Schneiderman in his successful bid for attorney general, citing his “unmatched work” in “protecting women who are victims of domestic abuse.” Once elected, his office published a “Know Your Rights”  brochure for victims of domestic violence…you know, when you get beat up by the man you are sleeping with.  Schneiderman had rushed to the front of the #MeToo movement, filing a lawsuit against Harvey Weinstein’s company and seeking to re-open a prosecution against the harraser/abuser/rapist mogul.

“We have never seen anything as despicable as what we’ve seen right here,” Schneiderman said of Weinstein’s conduct.

Weeeell, that may depend on one’s point of view. For example, one of the ex-AG’s bed-mates told The New Yorker, “We could rarely have sex without him beating me….He started calling me his ‘brown slave’ and demanding that I repeat that I was ‘his property.’”

Nice. Continue reading

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Morning Ethics Warm-Up: 1/12/2018: Sigh. It Never Ends. (Part II) [UPDATED]

A Nigerian locale, and not an atypical one.

From the Washington Post:

President Trump grew frustrated with lawmakers Thursday in the Oval Office when they discussed protecting immigrants from Haiti, El Salvador and African countries as part of a bipartisan immigration deal, according to several people briefed on the meeting.

“Why are we having all these people from shithole countries come here?” Trump said, according to these people, referring to countries mentioned by the lawmakers.

Trump then suggested that the United States should instead bring more people from countries such as Norway, whose prime minister he met with Wednesday. The president, according to a White House official, also suggested he would be open to more immigrants from Asian countries because he felt that they help the United States economically.

In addition, the president singled out Haiti, telling lawmakers that immigrants from that country must be left out of any deal, these people said.

“Why do we need more Haitians?” Trump said, according to people familiar with the meeting. “Take them out.” 

Ethics Observations:

I. “According to several people briefed on the meeting”? What? Not even according to people AT the meeting?

Based on this, without any attributions, the news media is stating that Trump making those alleged comments are fact. Here’s the Times version,

“…according to people with direct knowledge of the conversation.

No, they don’t have “direct knowledge.” What someone tells you about what someone else said at a meeting you were not attending is indirect knowledge. It is, in fact, hearsay. If the Times and the Post did not get confirmation on the record from someone who heard what he said, then this is not fact, but rumor, inadmissible in court because of extreme prejudice and lack of reliability.

Never mind. The Times headline is Trump Alarms Lawmakers With Disparaging Words for Haiti and Africa, as if the second-hand accounts were  confirmed fact. This is unethical journalism. Outrageously so, in fact. Meanwhile, all of the news channels, including Fox, were basing hours of reporting on it.

This is not acceptable. It is not professional, and it is not justifiable. It is a disgrace, and if you accept it, you should be ashamed of yourself.

II. Trump denies that he uttered those words, on Twitter, of course:

“The language used by me at the DACA meeting was tough, but this was not the language used. What was really tough was the outlandish proposal made – a big setback for DACA!…Never said anything derogatory about Haitians other than Haiti is, obviously, a very poor and troubled country. Never said “take them out.” Made up by Dems. I have a wonderful relationship with Haitians. Probably should record future meetings – unfortunately, no trust!”

The denials mean nothing, I know. The President has such a bizarre view of reality and such a record of misstatements and reversals that he has no credibility and deserves none. However, that doesn’t mean that he did make the alleged statements either. I wouldn’t be surprised if he did. I certainly wouldn’t be “shocked.” It sounds like something he would say, because nuances of language and tone, not to mention civility ande diplomacy, are alien concepts to him. In other words, it rings true. That doesn’t mean it’s ethical to report it as fact. Continue reading

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Sarah Huckabee Sanders’ Tweet: Is This The Most Perfect Example Of Ethics Estoppel Ever?

To recap from past posts and comment threads. ethics estoppel attaches when a public figure makes an ethics-related assertion or levels criticism of conduct that he or she is uniquely unable to make without inducing near fatal laughter in all who read or hear it, since the position is so obviously and audaciously at odds with the individual’s own past behavior or statements. The current statements may be wise, true or have validity, but their speakers’ past so undermines their credibility on the topic under discussion that they actually weaken the otherwise legitimate position by the identity of its advocate. Thus such advocates should shut up.

It is not the same as hypocrisy. An individual can change his or her beliefs: a former drug user is not being hypocritical when he says one should not use drugs. Even a current drug user may not be hypocritical to make the same statement. However sincere they may be, however, those who were prominent violators of the principles they are currently espousing are terrible advocates.

The late Senator Ted Kennedy apparently understood ethics estoppel long before Ethics Alarms defined it. As a Democratic member of the Senate Judiciary Committee when Anita Hill ambushed Clarence Thomas, Kennedy was unusually silent, especially for a Senator who had been the designated attack dog against other Republican Supreme Court nominees, notably Robert Bork. However, the idea of Ted “Chappaquiddick” Kennedy—or any Kennedy, really—criticizing someone else for alleged sexual misconduct was too ridiculous. Ted knew he was ethically estopped from weighing in.

White House spokesperson Sarah Huckabee Sanders got in a twitter war with Congressman Ted Lieu (D-Cal)—the reason is irrelevant—and Sanders tweeted in part,

“You should spend less time tweeting, more time doing your job.”

Well. Continue reading

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“The Popeye,” From The Ethics Alarms Ethics Estoppel Files: I Can Say The Republican Party Is Rotting, Democrats, But You Can’t

“That’s all I can stands, ’cause I can’t stands no more!”

—Popeye the Sailor, when he felt like I did while so many of my progressive friends were posting this op-ed by David Brooks.

Democratic posturing and moral outrage over Roy Moore’s support by Republicans is too much to bear. The hypocrisy and historical amnesia their caterwauling requires is truly nauseating. I could not believe that David Brooks of the Times would write about how the REPUBLICAN PARTY is rotting while the Democratic Party was wildly oscillating between defending a Congressman who had apparently harassed multiple staff members while in office because he was an “icon,” to playing the race card against its own Senator because he had been accused of conduct he denied years before he was elected, to dispensing with due process to demand that another Democratic Congressman resign, to forcing the Senator to resign (but probably only because their party controlled that State House), to forcing a vote on a shamefully contrived impeachment resolution, to all but guaranteeing the election of Moore because of revelations of the astounding sexual hypocrisy of their core allies among the news media, their key donors and their mouthpieces in Hollywood, while their bitter, losing Presidential candidate’s claim of a conspiracy to excuse her inexcusable defeat became less and less tenable as the investigation it spawned revealed itself to be incompetent and conflicted.

But the Republican Party is rotting.

Now, Ethics Alarms, unlike Brooks, unlike the Times, unlike MSNBC , unlike Hillary Clinton and unlike the Democratic party and any citizen so devoid of integrity to align with such a crew, can say the Republican Party is rotting. In fact, like Mr. Kimball would say on “Green Acres,” I will say it: the Republican Party is rotting. I can say it now because I said two years ago that it would commence rotting if it could not and would not stop Donald Trump from getting its nomination, something the party leaders had the power to do but neither the will nor the integrity. I said this, in various ways and with assorted provocation, right up to the convention.

Roy Moore? He’s minor rot, comparatively, and the Democrats don’t even honestly or competently argue what is most rotten about him. They want to concentrate on his “Deliverance,” hillbilly, low-life, dating preferences enabled by ignorant Alabama mothers forty years ago, when the man  today thinks he can defy the Supreme Court and the Constitution, thinks America was at its best under slavery, thinks women should be kept barefoot and pregnant, would love to see gays stoned to death, and wants a Christian theocracy to rule the land.

But that’s quibbling: Moore is certainly rotten, and the GOP doing anything but declaring him a human pathogen for the Senate and democracy is certainly proof of rot. Until, however, Republicans make Moore the keynote speaker in a future convention dedicated to condemning a “war on children,” I’ll handle the rot assessments, thanks, along with any other commentators, academics and citizens who didn’t spend the last, oh, half century or so extolling the likes of Jack Kennedy, Bobby Kennedy, Teddy Kennedy, and the Clintons.

The Democratic Party has happily celebrated, covered up and profited from rot. As Obi Wan would say, “The Rot is Strong Within Them.” Thus they are estopped from calling out rot anywhere. Continue reading

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My Last Ethics Post About Roy Moore

I hope.

Unless he loses, and then my post, in its entirety, will read, “Good!”

The Republican Party reversed its previously signaled course this week, and appeared to be supporting the Senate candidacy of Roy Moore. This has been greeted by Democrats, the leftward pundits and news media as the equivalent of the GOP endorsing Jeffrey Daumer. “This is the end of the Republican Party!” I have read, in various forms. meanwhile, the predictable feckless Senate Majority Leader Mitch McConnell also reversed himself. Once he said that Moore would not be seated if elected,  said he believes Moore’s accusers and called for the candidate to step aside. Now he’s saying it’s up to Alabama voters to decide. “The people of Alabama are going to decide a week from Tuesday who they want to send to the Senate,” McConnell said on CBS’s Face the Nation Sunday. “It’s really up to them. It’s been a pretty robust campaign with a lot of people weighing in. The president and I, of course, supported somebody different earlier in the process. But in the end, the voters of Alabama will make their choice.”

Observations:

  • The Republican Party had an obligation not to endorse (or run) Moore before a single accusation regarding his fondness for teenage girls surfaced. He was already unfit for office; it wold be unethical to support him if he had the personal life of Pat Boone.

If the party somehow decides that stalking shopping malls for dates and persuading mothers to pimp out 14 year olds was nothing to get upset about in a U.S. Senator, there would still be  the fact that Moore doesn’t believe in the rule of law, the Constitution, Equal Justice or the Bill of Rights, and that he’s an anti-gay bigot. These are more disqualifying than any sexual misconduct he engaged in 40 years ago. After all, I strongly suspect that 20-30, maybe more, U. S. Senators have engaged in past sexual misconduct that would make their continued presence in the Senate unpalatable. I don’t think any of them have acted or considered acting as Moore has, repeatedly violating the hierarchy of authority in the government, and arguing that that God has veto power over the Supreme Court. Mike Huckabee, at his worst, has said similar things, but he’s a talking head now; I can’t envision him actually defying a court order.

  • As I wrote back when the GOP had a chance to refuse to nominate Donald Trump, a political party is charged with maintaining the integrity of the government and our democracy, which means only offering for election candidates for office who are at least minimally qualified and trustworthy. That is a party’s duty: not just to win elections, but to win them with candidates of whom it can be reasonably and objectively said  will serve the nation with honor and competence. That can’t be said of Roy Moore, and it never could.

To a great extent, all the focus on his teen dates obscure the real problem with his candidacy. Since a majority of Alabama Republicans don’t believe Moore’s accusers, this has helped him. Continue reading

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Puzzled As To How Any Conservative Or Republican Can Continue To Support Roy Moore? Don’t Be. We’ve Seen This Many Times, And For The Same Reasons…

Here is how Moore’s defenders are thinking, if you can call it that.

The Hill, from 2011:

During an appearance on HBO’s “Real Time with Bill Maher,” [actress/comic] Janeane Garofalo said, “Anthony Weiner deserves to be supported and hopefully he will be mayor of New York one day. I’m serious. He is a Democrat [who] actually fights for the things liberals and progressive and rational people care about.

The man, a member of the House of Representatives, was sending pictures of his penis to women, in some cases without warning or their consent. He, like Moore, then lied about it.

In both cases, the conduct was disqualifying, and any objective individual should be able to see that. But extreme partisans and ideological zealots are not objective, nor rational, nor ethical. Their ethics alarms don’t work; they believe that the ends justify the means, like Garofalo. They are corrupted. This is why public servants like Weiner, Moore, the Clintons, and Trump are ethics corrupters. Then the people they corrupt, like Janeane Garofalo, use their own collection of rationalizations and false arguments to corrupt others.

The defenders of Weiner were exactly the same, in this regard, as Moore’s defenders.

The self-righteous progressives who have repeatedly spoken and written as if Moore’s defenders are some kind of incomprehensible enablers of evil are endowed with remarkable powers of amnesia and a stunning lack of self-awareness. The mocking contempt that is oozing from social media is the apotheosis of rotting integrity.  Boy, those Republicans are disgusting to try to defend and make excuses for Roy Moore! It is disgusting, but if you applauded hyper-partisans doing the same thing when the scandal was on the other foot, you really should shut up. (I’m looking at you, Bill Maher…)

Ethics Alarms, in contrast, has worked hard for the right to condemn every one of them, because it is character and conduct that matter here, not policy positions and ideology.

_______________________

Pointer: Instapundit

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