fairness

Comment Of The Day: “Incompetent Elected Official Of The Month, As Trump Derangement Allegedly Eats Chuck Schumer’s Brain”

/ Jack Marshall / 4 Comments

Aggressive Ethics Alarms commenter Elizabeth II was on fire yesterday, authoring two and maybe three Comment of the Day-worthy screeds. This was the first of them, and on a topic that never can have enough discussion here: civility, in reaction to Senator Schumer’s public berating of a Trump voter in a New York restaurant.

Incidental Update: when that post was written, no leftward mainstream media sources reported the incident, though it was unquestionable newsworthy. If Senator McCain or Mitch McConnell, and certainly Sarah Palin, had behaved this way, it would be on every front page and CNN would be leading with it every hour.  I noted that this was a perfect example of how the polarization of news sources works today; I also wondered if the story would ultimately be debunks or credibly denied. The story  hasn’t been debunked, and the Left’s media pals have ignored it. From now on, I think I’ll ask any desperate denier of news media bias try to explain this.

Here is Elizabeth II’s Comment of the Day on the post, “Incompetent Elected Official Of The Month, As Trump Derangement Allegedly Eats Chuck Schumer’s Brain”:

I think this is more than Trump Derangement — though of course Trump as POTUS is making it worse. It is the awful, seemingly uncontrolled downturn in civility generally in this country. We dress like slobs, we act like slobs, and we talk like slobs. We seem to have no control over our behavior: in perhaps two generations, all bets are off in terms of civil behavior.

When my son was very young I did want him to learn to be a “gentleman.” This had nothing to do with money, class, or beliefs: it was attitudinal and behavioral only.

My explanation was this: what you do or say in the privacy of your own home — absent breaking the law — is absolutely one’s own business.

Outside the home, however, is where being a ‘gentleman’ comes into play. The key to being a gentleman is to match your public behavior to where you are and who you are with — doing so with grace and civility without , compromising your own personal ethic. Continue reading →

Comment of the Day: “From The Ethics Alarms “Res Ipsa Loquitur” Files: Now THAT’S An Unethical TSA Patdown”

/ Jack Marshall / 9 Comments

The post about the TSA agent’s excessive “patdown” of a young boy, caught on video, prompted spirited debate with many high quality comments.

Before presenting John Billingsly’s COTD, let me note up-front two of John’s points that I disagree with. First,while refusing to follow an illegal order is mandatory, the fact that one is given an order to do something unethical—and this patdown was unethical—does not reduce the responsibility to refuse if the harm to another is clear, obvious, and objectively unjust, as in this case. Second, everyone involved in a wrongful act is accountable, from the top of the chain of command to the bottom. I also have a third and fourth, but I’ll let others cover those.

Here is John Billingsley’s Comment of the Day on the post, From The Ethics Alarms “Res Ipsa Loquitur” Files: Now THAT’S An Unethical TSA Patdown:

According to a report at Dallasnews.com, “Afterward, the TSA officer was instructed by his supervisor, who was observing, to complete the final step of the screening process.” My emphasis added. This suggests to me that the agent himself was going to break procedure and omit “the final step” of the screening process, which I believe to be the genital grope, until he was directly ordered by his supervisor who was there in person to do it.

I understand the “just following orders” issue per the Nuremberg Trials. It looks like he was going to disobey the order (procedure) until he received the direct order from his supervisor. I don’t think there are many low level employees who would immediately disobey a direct order of a supervisor in that situation. When you are a grunt at the bottom and your boss tells you to do things the way you have been taught to do them, it is going to be very difficult to make the decision to disobey.

Continue reading →

No, Bill O’Reilly Shouldn’t Be Fired For Making Fun Of Rep. Maxine Waters’ Hair

/ Jack Marshall / 117 Comments

Bill O’Reilly should have been fired before he made fun of Maxine Waters’ hair. Now would be the worst time imaginable to fire the blow-hard, untrustworthy Fox News pundit, because it would allow partisans to silence an opinion-maker whose opinions they hate by employing shameless and unjustified race-baiting. That tactic, employed repeatedly and futilely against Rush Limbaugh and other high profile conservatives, is unethical, and must not be validated by success.

In case you don’t follow O’Reilly, 1) I salute your taste and time management, and 2) here’s what caused the controversy:

O’Reilly was stopping by the set of “Fox and Friends,” and along with the gang on the couch watched some of Democratic Congresswoman Maxine Waters’ speech attacking President Trump. After the clip, O’Reilly said, “I didn’t hear a word she said. I was looking at the James Brown wig.”

Being in the Land of the Dimwits, O’Reilly sparked an idiotic defense from co-host Ainsley Earhardt, who said, fatuously, “You can’t go after a woman. Plus, I think she’s very attractive.”

Why in the world can’t you “go after a woman” when the woman is an elected official who says ridiculous things as routinely as clockwork? Earhardt’s statement was sexist on its face, and as O’Reilly quickly found out, it wasn’t sexism that he was going to be accused of with his mean James Brown wig comment. By the way…

…he had a point.

It’s a nasty, ad hominem, unprofessional point, however, that lowers political discourse into the gutter. O’Reilly has been doing this in various ways from the beginning of his career, when he wasn’t misrepresenting his credentials, his conduct, or other matters. This, however, was a relatively minor example.

Never mind though: Waters is black, so by the infinitely adjustable weaponizing definition of racism used by progressives, black activists and Democrats for the previous eight years, to criticize her at all is to be a racist. This was a sub-version; criticizing a black woman’s hair is racist. OK, comparing a black woman’s wig to an iconic black soul singer’s wig is racist. Or something: just cry racism, and the hope is that it will tar O’Reilly so badly that he will become unemployable, and no progressive will ever have their blood pressure raised by him again.

All over social media, progressives of note and non-note called for Bill’s head because his comment was “racist.” This really takes chutzpah, since mocking Donald Trump’s hair and skin-color virtually became a national pastime in Leftist Land during the 2016 campaign, and is still. What’s the standard being advocated here? Calling a white President”s comeover anything from a dead animal to decomposing vegetables is perfectly acceptable political discourse, but comparing a black House member’s wig to the hair of a dead rock icon is too horrible to tolerate? The Washington Post published a feature called “The 100 Greatest Descriptions of Donald Trump;s Hair” last June. It included such entries as

  • A mullet that died in some horrific accident
  • Combed like he’s televangelist Benny Hinn.
  • Like Biff, from “Back to the Future”
  • Like Lucille Ball
  • Like a troll doll

And most worthy of discussion,  this: Continue reading →

Incompetent Elected Official Of The Month, As Trump Derangement Eats Chuck Schumer’s Brain [UPDATED]

/ Jack Marshall / 25 Comments

Luckily, the Senator was hammerless…

NY Senator Chuck Schumer, the Senate Minority Leader (who sure seemed like a nice, reasonable guy in my two brief encounters with him), apparently needs an intervention.

According to witnesses, Schumer became enraged this weekend when he encountered Joseph A. Califano Jr. (former U.S. Secretary of Health, Education and Welfare under President Carter)  and his wife, Hilary, having a quiet dinner at the stylish Upper East Side restaurant Sette Mezzo. Schumer, dining with friends, began shouting at the couple and Califano’s wife in particular, saying, “She voted for Trump!” The Califanos left the restaurant, and the distinguished Senator followed them outside, continuing to harass Hilary Califano, saying,  “ ‘How could you vote for Trump? He’s a liar!’

Mrs. Califano confirmed the account. “Sen. Schumer was really rude . . . I should have told him that Hillary Clinton was a liar, but I was so surprised I didn’t say anything.”

A spokesman for Schumer denies this occurred, saying, “[He] and his wife ate at the café on Sunday, engaging in unremarkable conversation with patrons who approached their table. There were no heated exchanges with ‎anyone.”

Once again, almost all “conservative” media reports that Schumer was ranting at Califano. No left-leaning media has covered the story at all (so far), except The Hill. How do we know what happened, with journalism rejecting objectivity? The mainstream media actively works to bury stories that don’t serve their agendas, while the other side habitually over-hypes. If we take the MSN’s silence for the truth, then the episode becomes “old news,” and is effectively muted.

I have to maneuver this disgusting swamp every day. In this case, I’m going with the New York Post Page Six account, first because it’s the local paper; second, because I find it hard to believe that any paper would try to manufacture an incident in a crowded restaurant; third, because Mrs. Califano confirmed it, and finally, because Democrats have been increasingly unhinged for months.

Update: when that post was written, no leftward mainstream media sources reported the incident, though it was unquestionable newsworthy. If Senator McCain or Mitch McConnell, and certainly Sarah Palin, had behaved this way, it would be on every front page and CNN would be leading with it every hour.  I noted that this was a perfect example of how the polarization of news sources works today; I also wondered if the story would ultimately be debunks or credibly denied. The story  hasn’t been debunked, and the Left’s media pals have ignored it. From now on, I think I’ll ask any desperate denier of news media bias try to explain this.

So… Continue reading →

From The Ethics Alarms “Res Ipsa Loquitur” Files: Now THAT’S An Unethical TSA Patdown

/ Jack Marshall / 119 Comments

Fire that guy. Just fire him. Or suspend him without pay for a good long time.

No, on second thought, fire him.

There is no excuse for this, just reasons. The main reason is that the TSA agent is being an asshole, if not a pervert. I am patted down a lot—as an adult, wearing a suit. This is a kid in a T-shirt and shorts. What is he supposed to be hiding? No child should be subjected to this indignity, and no parent should have to stand by and endure it.

The mother who took the video  complained that her family was”treated like dogs” and forced to miss a flight during an extensive security check, according to her Facebook post:

We have been through hell this morning. They detained Aaron for well over an hour at DFW. (And deliberately kept us from our flight… we are now on an alternate) We were treated like dogs because I requested they attempt to screen him in other ways per TSA rules. He has SPD and I didn’t want my child given a pat down like this. Let me make something else crystal clear. He set off NO alarms. He physically did not alarm at all during screening, he passed through the detector just fine. He is still several hours later saying “I don’t know what I did. What did I do?” I am livid. Please, share… make this viral like the other children’s videos with TSA… I wish I had taped the entire interchange because it was horrifying. We had two DFW police officers that were called and flanking him on each side. Somehow these power tripping TSA agents who are traumatizing children and doing whatever they feel like without any cause, need to be reined in.

Continue reading →

“The Good Illegal Immigrant,” Part IV—The Latest Installment In A Series Of Indeterminate Duration. Unfortunately.

/ Jack Marshall / 30 Comments

Good.

[Earlier installments of “The Good Illegal Immigrant” are here, here and here.]

Not to creep into General Sheridan’s territory, but there is no such thing as a “good illegal immigrant.” The term is an oxymoron. In illegal immigrant in the United States is breaking the law every day, hour and minute he is here. Breaking the law is not good. Breaking the law every day is especially not good. Good people do not break the law every day.

Clear?

Roberto Beristain is the owner of a popular restaurant in Granger, Indiana called Eddie’s Steak Shed. He came to the United States illegally from Mexico City  in 1998. Somehow he obtained documentation to work in the country, even a Social Security card, and checked in with ICE each year. In 2000. Roberto and his wife, Helen  were visiting Niagara Falls—such an American thing for a couple to do!— and accidentally crossed into Canada. When officials realized he was in the U.S. illegally as he tried to return, Roberto was detained. Released on bail,  he was told he had to voluntarily leave the U.S. within a month. Beristain says he did not leave because Helen was pregnant.

Ah. All should be forgiven then! This is known as “making up your own exception to the law.” Also not good.

When Roberto checked in with  ICE last month, that 2000 episode finally came up. ICE took Beristain into custody because when he failed to deport himself, his voluntary order reverted to a final order of removal. Why did it take more than a decade for Immigration to notice?

Don’t get me started. Continue reading →

The NBA’s Unethical, Unavoidable, “Bait And Switch”

/ Jack Marshall / 31 Comments

For a second consecutive Saturday, ABC’s  Saturday prime time NBA game was a pre-rigged dud. The LA Clippers blew out the supposedly star-studded Cavaliers, 108-78, as chants of “We want LeBron” echoed through the arena. The three super-stars that make Cleveland an NBA powerhouse,  LeBron James, Kyrie Irving and Kevin Love, were all kept out of the game, not because they were injured,  but because Cleveland coach Ty Lue had decided to rest his “Big 3” in the first of back-to-back games. Sure enough, all three played against the Lakers the next day.

It has become standard practice in the NBA for play-off bound teams to rest stars for “strategic purposes,” meaning that in a league where more than half the teams make the play-offs and the regular season is little more than an exhibition for most of them, it makes no sense to blow out the stars until a championship is on the line.  The NBA, in short, has no integrity. (Neither does the National Hockey League, for the same reason.) The previous Saturday, the San Antonio Spurs blew out the Warriors, 107-85,  as Golden State fielded a  JV team, with Stephen Curry, Draymond Green and Klay Thompson all on the bench. Yet NBA’s new nine-year, $24 billion media rights deal with ABC, Disney and Turner Broadcasting included Saturday Primetime along with  the TNT Thursday Night NBA game and ESPN’s Wednesday and Friday night broadcasts, to showcase the best of the NBA. (Most of the NBA teams never make it to the Saturday ABC game.)

Shouldn’t that kind of money guarantee that the teams put their best players out on the court? NBA fans also typically shell out three figures for tickets. Doesn’t the league pull what is in essence a bait and switch by allowing a game to be treated as a virtual forfeit? Continue reading →

Romanian Flag Ethics, or “Who Cares About Chad?”

/ Jack Marshall / 49 Comments

The national flag of Romania (above left)  is designed with vertical stripes colored blue, yellow and red. It has a width-length ratio of 2:3. So does the national flag of Chad (right). In fact, they are identical. (One or the other supposedly has as slightly darker blue, indigo vs. cobalt, but I can’t see it.)

Romania established the colors and the design by law in 1989, when its Communist government fell.  It essentially ripped off Chad’s flag, and Chad immediately protested. True, these had been the Rumania/Romania colors forever, but not in this exact form. Do you think Romania bothered to check whether than design was, like, taken? Nah. “There were more important things to care about,” rationalized the nation’s president at the time,  Ion Illiescu. More important to Chad, though? This is the essence of ethics: thinking about the other parties affected by your conduct. It is not the Romanian way, at least when it comes to flags.

What does Romania care about Chad? It’s one of the bleakest, poorest third world nations in the world. Who cares if Chad objects? Who listens to Chad? “It’s too far away,” reasons a Romanian quoted by the Wall Street Journal. Now there’s the keen logic, sense of fairness, and respect for the rest of the world we like to see from our fellow citizens of the planet.

There is no authorized body that referees flag theft. Of course, there shouldn’t have to be, as this is an act without plausible defenses. If a nation takes another country’s flag, it is either being spectacularly arrogant, disrespectful and dishonest,  or incredibly negligent. There is no third explanation. Continue reading →

Screwing Over Mexico In The World Baseball Classic: Now THAT’S A Stupid Rule…

/ Jack Marshall / 18 Comments

Rationalization #30. The Prospective Repeal: “It’s a bad law/stupid rule,” is a widely employed ethics dodge, used by everyone from drug dealers to tax cheats. It doesn’t mean that many rules are not bad and stupid however. The World Baseball Classic just demonstrated its management’s incompetence with one of them. As is often the case when bad rules and laws prevail, injustice is the result.

Sixteen national teams are competing in the World Baseball Classic, a relatively new baseball tournament played during MLB’s  Spring Training. There are five pools of teams in an elimination tournament. The competitors this year (the tournament is held every four years, sometimes three—never mind, they are still working it out) are Japan, Taiwan, China, SOUTH Korea (the first version of this post erroneously said “North”—wishful thinking on my part), Mexico, Cuba, Columbia, Puerto Rico, the Dominican Republic, Venezuela, Australia, Italy, the Netherlands, Canada, the U.S., of course, and…Israel. Pool competition just ended (the US is moving on to the next round) and Mexico, Venezuela and Italy all finished with records of 1-2 in their pool games. The tournament doesn’t have time for extended play-off games, so a tie-breaker was triggered.

Under Classic tiebreaker rules, the two teams with the fewest runs allowed per defensive inning in games played between the teams tied during the tournament play an elimination game, and the other is eliminated. The calculation of runs allowed per inning includes “partial innings.” (Hold that thought.) Major League Baseball announced that Venezuela (1.11 runs allowed per defensive inning) and Italy (1.05 runs allowed) will play an elimination game, with Mexico (1.12) out of the tournament. Here is how it stacked up: Continue reading →

Now THIS Is As Close To Genuinely Frivolous Lawsuit As You Are Likely To See…And Naturally, It Is An Attack On The President

/ Jack Marshall / 5 Comments

Publicity stunt? Whatever would make you think this lawsuit is a publicity stunt???

As we have discussed here before, though we often complain of frivolous lawsuits,  even the worst law suits seldom meet the technical standard of what is “frivolous.”

The D.C. bar’s ethics rules state that…

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good-faith argument for an extension, modification, or reversal of existing law.

This provides what I sometimes call “stupid lawyer” protection, on the theory that a stupid lawyer may have a sincere belief that an absurd action has a chance of prevailing, thus avoiding the rule’s rock bottom standard for “frivolous.” The recently filed lawsuit in Washington, D.C. against President Trump and the local Trump hotel, however, may be that rarest of legal birds, the truly frivolous lawsuit.

The married couple that owns  the Cork Wine Bar in Washington claim that the Trump International Hotel and the  restaurants similarly located in the Old Post Office building have an illegal advantage over other nearby establishments, like theirs, because of the association with the President.  Essentially the law suit claims that it’s all so unfair.

In addition to the res ipsa loquitur factor, which is to say that the lawsuit screams abuse of process to harass the President, we also have these suspicious factors: Continue reading →