fairness

The Cherokee Nation Believes That It Should Have A Representative In Congress. (It Should)

/ Jack Marshall / 32 Comments

…as long as it isn’t Elizabeth Warren, of course.

Citing treaties with the U.S. government signed in the 18th and 19th centuries, the new elected chief the Cherokee Nation is insisting that the tribe get a delegate to Congress for the first time in history.

“These treaties are sacred. They mean something. There’s no expiration date on them,” said Chuck Hoskin Jr., chief of the Cherokee Nation. What I’m asking is for the government of the United States to keep its word.”

You mean, unlike with all those other treaties the U.S. signed with Native American tribes? What’s this? Have you no respect for precedent, man?

Charles Gourd, the director of the Cherokee National Historical Society, told the news media that he and others had wondered  why no Cherokee Nation delegate had ever been seated in Congress despite assurances to that effect. He can’t be serious! If a delegate were finally seated, he and others might then wonder why that provision of a treaty was honored while so many others were breached or ignored at will.

The right for the Cherokee to send a “deputy” to represent them in the United States Congress was first assured by the Treaty of Hopewell of 1785, which defined Cherokee borders and promised certain protections in return. The right to send a “delegate”  to the House of Representatives was specified affirmed in the 1835 Treaty of New Echota. The House has several nonvoting delegates,  representing Puerto Rico, the District of Columbia, Guam, American Samoa, the Northern Mariana Islands and the United States Virgin Islands. Continue reading →

Sad Saturday Ethics Distraction, 8/24/2019: The Let Sean Spicer Make A Fool of Himself If He Wants To Edition

/ Jack Marshall / 23 Comments

I hope you are feeling much happier than I am today.

I just returned from a memorial gathering for a very dear friend’s wife of 37 years, who died suddenly, painfully, and based on what I have heard, unnecessarily at the end of July. One positive take-away from the event: People really aren’t so bad. My friend was stunned and touched beyond measure by the turn-out, with nearly 200 people attending just to say good-bye to her and express their love and support for him. Some traveled great distances,  interrupted vacations, or made it despite illness and handicaps.  I saw friends, former colleagues and acquaintances that had been out of this region for decades, but all it took was an email informing them that their friend, who  is one of those rare people who is always there to render help and support, now needed their support himself.

Gee, those endings of “It’s A Wonderful Life” and “Easter Parade” aren’t as corny as I thought...

1. What a surprise! Only 35% of those polled support impeaching a President who has done nothing impeachable! Choose: Either the Democrats and the resistance have been lying about there being real and substantive high crimes and misdemeanors in order to sabotage the elected President, or there are such offenses, and they don’t have the guts to do their Constitutional duty and act to remove a President who is the existential threat to the nation they have claimed he is since, uh, before he was sworn in, somehow.

The same poll says that 57% would prefer someone else as President. That number is astoundingly low. The Someone Else dude is terrific! What a great President he’d be; I can’t fathom why he’s never made it! I know I sure wish he was President;  I’ve wished he were President ever since Ike left the White House.

Today’s quote from a “someone else” who I would rather set my face on fire than see have any power whatsoever: Bernie Sanders, who, while bloviating that “Climate change is an existential threat to the entire country and the entire world and we must be extraordinarily aggressive,” proposed an impossible, bankrupting, irresponsible 16 trillion dollar plan to “fix” what he doesn’t personally understand, couldn’t explain with a gun to his head, cannot say with certainty how it can be addressed effectively, and could be stumped by a cross examination by any climate change skeptic with a science degree. Bernie doesn’t even understand political science, and that was his college major. Proposing spending trillions of dollars on something you don’t understand is unethical. Isn’t that obvious? Continue reading →

A Futile Call For Fairness And Integrity From Senator McConnell

/ Jack Marshall / 41 Comments

I know this is a waste of time and words, but here goes nothin’…

Yesterday we got the news that Justice Ruth Bader Ginsberg, 86 and already being treated for enough maladies to kill a normal human being  half her age, has pancreatic cancer. Treatment is going well, we are told, and Ginsberg isn’t even cutting back on her schedule.

Nonetheless, the proverbial writing is on the wall. Sheer will only can accomplish so much. If I participated in “dead pools,” Justice Ginsberg would be at the top of my list, even ahead of soon to be 103-year-old Kirk Douglas. Though she is apparently determined to hang on to her SCOTUS seat if it means that she will finish her tenure in a box that signals “yes” and “no” like  poor Captain Pike in that “Star Trek” episode, I would be stunned if there isn’t a vacancy on the court in the near future. That will mean that President Trump will have an opportunity to appoint a conservative justice to replace the most liberal voice on the current court, a result that will spark panic from the Left and delirious joy from the Right. If this happens after January, 2020, it will also create an integrity test for Mitch McConnell.

That is, it should.

When Antonin Scalia died on February 16, 2016, President Obama appointed moderate liberal judge Merrick Garland to replace him. McConnell, however, the GOP Senate Majority Leader, announced that the Senate would not consider the nomination, debate it, or vote on it. He concocted a rule that when a Supreme Court vacancy occurs in the last year of a Presidential term, it should not be filled until after the November Presidential election. The supposed justification for this was that SenatorJ oe Biden had once made a similar suggestion. Basing any policy or rationale on what Joe Biden says is like using the spontaneous utterances of Tourettes sufferers as life guidance, but never mind: Mitch was gambling that a SCOTUS vacancy would bring more Republicans to the polls than Democrats, and that the Garland nomination would eventually be moot.

The gambit was legal but unethical, but then, that’s Mitch. It was also stupid: Garland was no Scalia, but he was far more moderate than some of Obama’s other options, and if Hillary Clinton had won, as looked like a sure thing in January, she was likely to nominate a far more extreme progressive judge. But in the manner that has hooked suckers and created gambling addicts for centuries, Mitch’s long-shot bet paid off. Trump won; Neil Gorsuch replaced Scalia, and Merrick Garland joined Samual Tilden in the “What If?” Hall of Fame.

If RBG leaves the Court or this vale of tears in 2020, however, Mitch should find himself hoisted by his own petard. By his own words, that new opening on the Court should not be filled by President Trump’s choice unless Trump  is re-elected in November; the public should have the opportunity to include the composition of the Supreme in their calculations regarding who to vote for. So declareth Mitchi n 2016, as progressives and Democrats screamed and ripped their garments,

Having created a principle and a precedent, Senator McConnell should stick to it. The problem wasn’t that his theory in 2016 was indefensible in theory–it is.  The problem just that it was disingenuous. Mitch wasn’t interested in fairness or democracy, just expedient politics. Thus it comes as no surprise that McConnell has told his party members that if there is a Supreme Court vacancy, he will move to confirm a conservative nominee so fast it will break the sound barrier.

He should not, however. Doing so may be good old fashioned hard-ball politics, but it will also be a lost opportunity to start repairing a broken legislative branch that McConnell played a major part in breaking. Such a cynical reversal of his own stated “principles” will also make the public less trusting than they already are of the motives, honesty and integrity, not just of Mitch, but of the their elected officials and government. Our democracy can’t take much more distrust and cyncism. Democracy breathes trust.

Who knows? Maybe Mitch will hit the jackpot a second time. Maybe the delay will backfire, with more outraged Democrats being attracted to the polls than activated conservatives. Nevertheless, Mitch McConnell has an ethical obligation to treat the next SCOTUS vacancy during the final year of a Presidential term exactly like he did the last one, in the name of integrity, fairness, process, consistency, trust, and the health of our Constitutional system.

Sexual Harassment, Cancellation Culture, Anonymous Accusers, And Placido Domingo

/ Jack Marshall / 8 Comments

A report last week revealed that nine women accuse towering opera figure Placido Domingo of sexual harassment.  None of the accusations have been investiaged or substantiated, and only one of them isn’t anonymous. Yet two American institutions, the Philadelphia Orchestra and the San Francisco Opera, immediately canceled their upcoming concerts with him, giving the now-familiar “safe environments” explanation. None of. Domingo’s many upcoming scheduled performances in Europe were canceled, however, as sponsors took what the New York Times calls  “a wait-and-see approach,” or what used to be known in this country as “Let’s not punish someone based on unsubstantiated  accusations alone.” Or fairness. Due process. The Golden Rule.

There are countervailing factors pulling every which way. As I understand it, #MeToo  and “Time’s Up” insists that female accusers must be believed, unless the accused is the black, Democratic Party’s Lieutenant Governor of Virginia, or the harassment is caught on camera repeatedly, as in the case of the Democratic Party front-runner for President. In the arts, these allegations have had mixed effect. Conductor James Levine has not performed in public since he was fired by the Metropolitan Opera last year after accusations of sexually abusive and harassing conduct were substantiated in an investigation, but when Pixar chief and creative muse John Lasseter was fired for being a serial hugger (rather like that Democratic Party front-runner) he was rapidly snapped up by a rival studio that gave him as much power and more money. Go figure.

There is the anonymous factor: it is my long held position that an anonymous accusation relating to the workplace should be regarded as no accusation at all, meaning that there has been one allegation of sexual harassment against Domingo. An accused individual cannot address claims when he doesn’t know their source or facts. I have been the target of false anonymous accusations—not of harassment—in my career, and as a manager in various businesses and associations, I told staff that unless they were willing to go on the record with an accusation of wrongdoing, I didn’t want to hear it. It is too easy to destroy careers and reputations with false accusations with no accountability attached.

The other issue is the multiple accusation factor. In sexual abuse and harassment, there are no one-time offenders unless there has been a massive miscommunication. The typical scenario is that a single accusation triggers several, often many, more with near identical facts. This is why I did not believe Anita Hill and Dr. Blasey-Ford, and why I did believe Bill Cosby’s many accusers.

Timing is also important. Ancient accusations of sexual misconduct—I would say anything more than five years old is dubious—arriving after memories have faded, evidence has vanished and seemingly timed to do maximum damage to the accused should be treated with skepticism and a presumption of  bad will, especially when the accused is a public figure.

And yet… Continue reading →

Ethics Quiz: The Firing Of Officer Daniel Pantaleo

/ Jack Marshall / 20 Comments

The New York Police Department has finally fired Daniel Pantaleo, the officer shown on video with his arm bent around the neck of 43-year-old Eric Garner just before Garner died  after being tackled by five officers.  A departmental disciplinary judge recommended the action, and Pantaleo was suspended from duty pending further review.

“In this case the unintended consequence of Mr. Garner’s death must have a consequence of its own,” said O’Neill. “It is clear that Daniel Pantaleo can no longer effectively serve as a New York City police officer.” He also added, “If I was still a cop, I’d probably be mad at me.”

The Commissioner kept digging. Continue reading →

Ethics Quiz (And Poll): The Cop And The KKK Application

/ Jack Marshall / 58 Comments

Either our nation is committed to the principles of freedom of thought, speech, expression and association,  or it is not.

With that preface, here is the kind of gray area, bizarre fact pattern controversy that puts ethical analysis to the test.

In the Muskegon County (Michigan) town of Holton, African-American  Rob Mathias, accompanied by his wife and children, was walking through the home of Charles Anderson, a local police officer, with the intent of possibly purchasing it.  Then he saw a framed Klu Klux Klan application hanging on a wall, as well as several Confederate flags. He and his family immediately left the property.

Later he posted a photograph of the KKK application on Facebook, (above) explaining later that he felt it was something the public had a right to know about, especially if the officer had a history of questionable interactions with African Americans.  Mathias wrote that Anderson “was one of the most racist people” in the community and “hiding behind his uniform.” The post was also personal and threatening, concluding with “I know who you are and will be looking for resources to expose your prejudice.”

The Facebook post triggered an internal investigation of Anderson, and he was placed on administrative leave. “We do take this sort of issue, seriously, and we are working hard to understand if/how this may impact his ability to safely and fairly police our community,” Muskegon City Manager Frank Peterson reporters. Muskegon County NAACP President Eric Hood piled on, saying, “We want a thorough investigation to be sure that when he goes out there and puts on that uniform and performs his duties as an officer that he’s being fair and impartial.”

“I’m still disgusted by it. I’m hurt,” said Mathias “You can’t serve your community and be a racist. You can’t. There are people of all different colors, of all different nationalities … out there that you have to serve and protect. You can’t just protect one group of people.”

 Rachel Anderson, the officer’s wife, told reporters that her husband is not and never was a KKK member. She said he was a collector, and called the uproar a misunderstanding.

Mathias’ wife said in rebuttal,

“I like antiques, but I collect things that I represent. You can go in my basement, we have Detroit Lions, Red Wings, Michigan stuff, everything we associate ourselves with.So why would you collect something you don’t associate with yourself?” 

Your Ethics Alarms Ethics Quiz of the Day is…

Has this situation been handled fairly, responsibly and ethically? Continue reading →

Every Day Ethics: The Case Of The Missing Pancakes

/ Jack Marshall / 26 Comments

These are the ethics conundrums that drive me nuts.

After a very hard week, a large, late-arriving check from a client relieved our intermittent cash flow anxiety (“This is the life we have chosen!”—Hyman Roth), so we decided to indulge ourselves with a carry-out feast from the best Chinese restaurant in the area, the  Peking Gourmet Inn, famous for its Peking Duck and President George H.W. Bush’s frequent visits during his White House residency. I’d say it’s one of the three best Chinese restaurants I’ve ever had the pleasure to dine at, though it would be hard to top a little place we discovered in London, with this caveat: the Peking Gourmet egg rolls with garlic sauce are the best egg rolls I can imagine, and no, even that miraculous place in Kensington couldn’t match them.

But I digress. It’s a longish drive to the restaurant, and the food isn’t cheap: our order of a whole duck, Salt and Pepper Shrimp ( another specialty), and two orders each of egg rolls and (for my son, who loves them) steamed pork dumplings came to $115. The pungent smell of the shrimp nearly drove me mad on the way home; no wonder those DoorDash drivers eat the food so often. When I arrived home, drooling, everything was perfect, as usual, except for some pangs because we missed the ritual of tossing fortune cookies to Rugby, our recently departed and still deeply mourned Jack Russell Terrier. Rugby would circle excitedly awaiting his treat, which I would toss high in the air. He would pounce on the cookies, rip open the wrappers, and eat delicate things with gusto, pausing only to spit out the fortunes. Continue reading →

Morning Ethics Warm-Up, 7/30/2019: The More Edition

/ Jack Marshall / 49 Comments

 

More anti-gun posturing, more diversity deceit, more sympathy for parents who kill their kids in hot cars….more.

1. Leadership Ethics: California Gov. Gavin Newsom shows how not to respond to a tragedy. It has been apparent for some time that Newsom’s objective is to make Jerry Brown look like a thorough and moderate professional by contrast. His reaction to the fatal shooting in Gilroy, California, over the weekend, which took the lives of three people (including two children)  was a) to immediately politicize the tragedy; b) blame Trump, which is pandering gold; c) engage in outrageous hyperbole; d) recycle the silliest of anti-gun tropes, and e) do so while lacing his comments with profanity, because cursing makes bad arguments more persuasive, or something.

Most of his statement before the cameras was inarticulate, stuttering and emotional. Forget about the competent leader’s duty to show calm and professional demeanor so the public knows a capable adult is in control. This is how you signal virtue, and that you care. Once  the honorable Governor of California began talking in complete sentences, this was his approach:

“It’s just an outrage. I can’t put borders up — speaking of borders — in a neighboring state where you can buy this damn stuff legally. How the hell is that possible? [ Comment: How is it possible that states make their own laws, and California doesn’t get to dictate to Nevada? Let’s have a show of state hands to see how many states appreciate Gavin’s state creating a magnet for illegal immigrants, who then can proceed to travel where they wish.] I have no problem with the Second Amendment. [Note: That’s an obvious lie, but we can assume Newsom would say that he supports “sensible gun control,” which in eventually means “no guns.”] You have a right to bear arms but not weapons of goddamned mass destruction. [Note: No rifle, much less single shot rifle, is a weapon of mass destruction, and certainly not a goddamned weapon of mass destruction. This is disinformation, but hey, the governor is hysterical, so give him a break.] You need these damn things for hunting? Give me a break. [Note: The argument that the Second Amendment exists for the benefit of hunters is false, and dishonest, but anti-gun demagogues, especially Democratic governors—New York’s Governor Cuomo has made similar statements—keep recycling it. It convinces ignorant people, you see.] It’s just sickening… the leadership today that just turns a blind eye and won’t do a damn thing to address these issues. [ Translation: “Do something!”] What’s goddamned absent in this country right now is moral authority. [Comment: Whatever that means coming from an official of a party that ridicules and marginalizes religious faith.] California’s doing its part, but Jesus, these guys, the folks in the White House have been supporting the kinds of policies that roll back the work that we’re doing,. [Note: the “policies” Newsom refers to are known as the Bill of Rights.] It keeps happening, over and over and over again, on their damned watch. [Clarification: The shootings happened on Newsom’s watch as well, and before 2017, President Obama’s watch. Newsom didn’t make the “watch” argument then, for some reason]

This was pure, irresponsible demagoguery. As usual, the news media didn’t help by refusing to clarify that the “assault-type weapon” used in the shooting was not the  automatic, military  version of the AK-47 which is illegal, but the legal, single shot version. (“Assault-type” and “assualt-style” mean that the gun looks like an automatic, but isn’t. It is pure deceit. )That would require, however, exposing how ridiculous and dishonest the “weapons of mass destruction” line was. Continue reading →

Saturday Ethics Warm-Up, 7/27/19: Updates And News!

/ Jack Marshall / 5 Comments

Saturday morning came!!

At points yesterday I was beginning to have doubts…

1. A win’s a win, and right is right, but the ACLU outs itself again.  In the wake of the SCOTUS 5-4 decision to let stand the executive order reallocating funds for a wall to address the national emergency at the border and allow construction to commence, the ACLU flagged its own bias (though it is supposed to be non-partisan) by referring to the wall in a statement as “xenophobic.”

Its lawsuit was based on alleged environmental harm risked by the wall’s construction, but the use of that word, a deliberately dishonest characterization that can only mean an endorsement of open borders , proves that the lawsuit is a sham, using environmental concerns to mask a pro-illegal immigration agenda, which most of the public opposes….as they should.

Merits of the wall aside, the game Democrats are playing with this issue, calling for undefined “comprehensive immigration reform” while opposing enforcement and refusing to recognize a genuine emergency to keep the President from a political victory, is electoral suicide. (Yet most of the field of Democratic challengers have endorsed decriminalization of border breaching, which is like an invitation to invade. Madness. Even Hispanic-Americans oppose this.)

A blind pig can find a truffle or two, and on this existential issue, the President has law, history, sovereignty, the national interest and common sense on his side.

2.  A clueless harasser gets a second chance.   Neil deGrasse Tyson, the pop-culture astrophysicist who leads the Hayden Planetarium at the American Museum of Natural History, has been cleared to continue in his job  after the museum competed  an investigation into three sexual misconduct accusations against him. Continue reading →

What Is Justice For Kevin Spacey?

/ Jack Marshall / 24 Comments

 Prosecutors in Massachusetts this week dropped a sexual assault charge against the actor Kevin Spacey, in the only case against the alleged serial sexual harasser to be brought to trial. Mr. Spacey was accused of fondling an 18-year-old man at a Nantucket restaurant three years ago, one of the few of the accusations against him that wasn’t too old to try and that involved criminal conduct. The accuser’s lawyer said that a smartphone being sought as evidence by the defense  had disappeared, then the accuser invoked the Fifth Amendment after being warned that he could be charged with a destroying evidence, a felony if he had deleted contents on his phone. When the young man continued to assert his right against self-incrimination,  the Cape and Islands district attorney announced that it was dropping the prosecution “due to the unavailability of the complaining witness.” There wasn’t much choice.

Spacey’s far from out of the metaphorical woods. Around the same time as the Nantucket accusation, the Old Vic theater in London announced that 20 people had  accused Spacey  of inappropriate behavior  during his 11-year stint as the theater’s artistic director. There is another investigation in Los Angeles.

So now what? None of the allegations against Spacey have been proven, though, as with Bill Cosby, the sheer number of them leave little doubt—but still some— that he is a serial sexual predator. Spacey’s own house of cards began falling when actor Anthony Rapp gave an  interview to BuzzFeed accusing Spacey of assaulting him at a party when Rapp was only 14.  The accusation was never proven, but suddenly more stories of sexual misconduct in the workplace and elsewhere started surfacing regarding Spacey. (There is a lot about Spacey’s conduct and problems on Ethics Alarms, here.) Continue reading →