The Jeb Bush “Gotcha!”: Unfair Question, Dumb Answers

Enough about Iraq, Jeb: When did you stop beating your wife?

Enough about Iraq, Jeb: When did you stop beating your wife?

In the vast history of unfair questions, even including such immortals as “When did you stop beating your wife?,”none is more unanswerable in a substantive way than the question Jeb Bush was asked on Fox News—yes, that’s the same Fox News that supposedly lobs softballs for any Republican. The question: “Knowing what we know now” would he have authorized the Iraq war?

What possible use is that question, other than as an exercise in complete hindsight bias? If the answer is no, it appears to validate the dishonest criticism of the war decades ago, by those who attributed new knowledge about the infamous WMD’s to the original decision, which wasn’t about weapons of mass destruction in the first place. If it is yes, it is evidence of insanity.

Now we know that the invasion would be botched, the U.N. would cravenly and irresponsibly withhold support for enforcing its own resolutions, that our hillbilly soldiers would torture Iraqi prisoners and take photos of it, that the new Iraqi government would be incompetent and corrupt, that the news media would assist Democrats in re-writing the history of the decision, and most of all, that even after the situation in Iraq had finally been stabilized, an incompetent President would prematurely pull out our troops, causing the government to implode and ISIS to thrive.

George W. Bush had even said when he was President that if he had known that no WMD’s were there, he would not have invaded Iraq. That was also a dumb answer at the time, and I believe a dishonest one. But today, W. would give the same answer, and knowing what we know now, it would be both correct and honest. That’s if he were silly enough not to say, as his younger brother was too dim to say, this:

“I’m not answering that. It’s pointless. Would Lee have ordered Pickett’s Charge, knowing how it would turn out? Would I have left the dock as captain of the Titanic, knowing that it would hit an iceberg? Would I have approved the Space Shuttle program, knowing that two shuttles would meet with disaster? “Would you still go to see ‘Our American Cousin,’ Mrs Lincoln?” A decision can only be judged based on what the known situation is at the time. It cannot be fairly judged based on the results of the decision, immediately or years later. That’s consequentialism; it’s a logical fallacy.

and

“Nor can I answer the question of what I would have decided in my brother’s place, because I do know how things worked out, and he, of course, could not know. So asking that question is unfair to me, and answering it would be unfair to him. “

But Jeb was too dim to say that. So first he answered… Continue reading

Ethics Dunce (and Ethics Hero REVOKED): Sen. Ted Cruz

revoked

Uh-uh, Senator. You can’t have it both ways, not on Ethics Alarms. You can’t be gracious and forgiving and then turn around a couple days later and say what your red meat supporters want to hear. I call that an “Al Gore,” who gave a magnanimous and statesman-like speech conceding after the Supreme Court stopped the 2000 Florida recount, and then slammed the legitimacy of his defeat ever after.

Ethics Alarms gave the Republican rabblerouser an Ethics Hero designation for coming to pundit Mark Halperin’s defense when he was being pilloried all over the media for a demeaning interview of Cruz based on the assumption that he needed to prove that he was really Hispanic. After Halperin was battered into apologizing, Cruz said, in part,

“Mark Halperin is a serious and fair-minded journalist. Today he kindly issued an apology for some silly questions he asked me in an interview. The apology was unnecessary — no offense was taken, nor, I believe, intended — but is certainly appreciated.”

That was classy, and also apparently, a ploy and insincere.In comments about the episode to the conservative IJReview at an  American Conservative Union event, Senator Cruz essentially recycled the same Halperin critic complaints that his earlier comments were supposed to deflect, saying,

“Imagine if [Halperin] had asked Obama these same questions? He would have been run out of the industry.”

But no offense was taken, right, Ted?

Not cool, not kind, and definitely not consistent. The fact that he is absolutely correct about the double standard is beside the point. Cruz couldn’t help himself. He knew the right way to act (that is, his ethics alarms work and he can follow the Golden Rule), but he didn’t have the self-restraint or integrity to resist taking a shot at Halperin anyway. Now we know what he really thinks, and now we know that what he said initially was just a smart politician taking a high road that he didn’t want to be on.

Got it.

Fool me once, Ted…

Ethics Hero REVOKED

When Typos Have Ethical Significance

Law-Firm-Advertising-FAIL

I was chided over the weekend for mocking a misspelling in one of the cuckoo online comments cheering on Texas Governor Greg Abbott’s ridiculous “monitoring” of U.S. military exercises in his state. The thrust of my critic’s argument was that picking on such modes of expression was not only a cheap shot but an elitist cheap shot. I generally deplore the “You wrote ‘teh!'” school of online debate, and in my view, that wasn’t what I was doing when I pointed out this particular Texas paranoid’s spelling of government as “goverment” twice . His “position” didn’t require any rebuttal, as it was self-evidently batty; I alluded to “goverment” because I concluded that it was not a typo, but rather an indication that the commenter was as ignorant as granite block. If you can’t spell government, you haven’t read about government enough to have an opinion on it worth inflicting on the rest of us.

It led me to ponder, however, when a typo has undeniable ethical significance, and mirabile dictu, Above the Law today provided the excellent example you see above.

This is part of the marketing for a law firm—you know, those organizations that provide lawyers to ordinary citizens who need help negotiating the complexities of our nation’s increasingly impenetrable laws and regulations in order to live and prosper? Lawyers are supposedly trained in the precision of language, as the presence or absence of a comma or semi-colon in a statute, a motion or a brief can mean the difference between a client being a criminal or a free man, and an unnoticed typo in the draft of a contract, will, trust or settlement can decide the fate of millions of dollars, the ownership of disputed property, the existence of a prenuptial agreement, and other momentous, life-altering  consequences.

The very existence of an embarrassing  law firm marketing device like this one—I think it’s a coaster—leads to many conclusions:

1. It tells us that the law firm’s managing partners are inattentive to details, and in law, details are everything.

2. It tells us that the lawyers in the firm inadequately supervise the non-lawyers who work for the firm, and the ethics rules demand that lawyers be especially attentive to such employees and contractors.

3. It tells us that at least one firm lawyer, whoever approved the thing, either is illiterate or can’t be trusted to check the text of documents, even documents containing only three words.

4.It tells us, in short, that this law firm, and by extension the lawyers it employs, cannot be trusted to exercise care, competence and diligence when they are representing themselves.

How can it possibly be trustworthy when it is representing others?

__________________

Pointer and Source: Above the Law

Ethics Hero: Sen. Ted Cruz

[UPDATE: Sen Cruz’s Ethics Hero designation has been REVOKED by Ethics Alarms. Details here.]

One of the Republican party’s most demonized  conservative politicians, Tea Party idol and Presidential candidate Sen. Ted Cruz of Texas, just challenged his progressive critics to concede that he has the character of a President, at least.

Cruz stood by politely as familiar TV pundit Mark Halperin cross-examined him on Bloomberg TV as if the Cuban-American was suspected of being born in Kenya. The demeaning interview (to both Cruz and Halperin, who disgraced himself) consisted of  Halperin pressing the Republican firebrand to prove his Hispanic bona fides with  cringe-worthy questions about his favorite Cuban food and what his tastes in Hispanic music were. (A Hispanic journalist quipped that Halperin had Cruz confused with Ricky Ricardo.) It all came to a nauseating climax when Halperin said: “I want to give you the opportunity to directly welcome your colleague Sen. Sanders to the race, and I’d like you to do it, if you would, en español.

The fiasco of an interview took a while to register (apparently nobody watches Bloomberg), but when it did, Halperin was excoriated left, right, and center, called a racist, called a fool, called biased against Cruz and determined to trap him into a “Gotcha!” Mostly he was called an inept and unprofessional interviewer, and Halperin, who is playing talking head somewhere that actually has viewers almost every  day, had to issue an attempted career-salvaging apology.

Ted Cruz surprised everyone by coming to Halperin’s rescue. He wrote: Continue reading

Unethical Mothers Day Quote Of The Year: Joanne Samuel Goldblum

diapers

“On Mother’s Day, many moms do not get taken out to brunch or presented with potted plants. For them, Mother’s Day is just like any other day – a struggle to get by. There is one gift we can collectively give them, though: We can stop judging. We can throw away the good mother/bad mother distinction. We can recognize that most mothers genuinely want to do what is best for their children. It is simply much easier for some of us than for others.”

—-, a social worker and the executive director of the National Diaper Bank Network, in Washington Post column titled “Stop judging poor moms. Bad policies hurt their kids — not bad parenting”—also a strong candidate for “Sweeping Generalization of the Decade.”

There’s an old Chinese proverb that goes, “When the only tool you have is a diaper, every problem looks like a baby’s butt.”

Or something like that. runs a laudable and necessary social service that provides diapers for families that can’t afford them. That’s a wonderful service and a wonderful charity, and she and her colleagues are doing a service for humanity. Unfortunately, her unique perspective on the problem of negligent and irresponsible parenting has produced her column in the Post, which uses a stream of rationalizations, logical fallacies and rhetorical deceits to reach an absurd and societally dangerous conclusion.

The fact that public policy may not do enough to help stressed mothers or minimize the damage caused by the irresponsible, negligent, dangerous or self-destructive—or just plain stupid—decisions by women that made them mothers in the first place, cannot mean that society should stop “judging mothers.” intentionally uses “judging” as a pejorative term (evoking the Biblical rationalizations), and with that tactic sides with the ethical relativists. Without critical judgment, there can be no standards. Without public conclusions regarding ethical behavior and unethical behavior, what conduct we encourage and what conduct we condemn, there can be no culture, no shared values, and no internal or external controls to limit destructive behavior. Everyone has a societal obligation to judge their own conduct, and that of everyone else. Judging conduct does inherently reflect on the purveyors of that conduct, but pointing out destructive conduct by mothers does not and must not preclude compassion, fairness, respect and charity.

Goldblum’s initial attack on anyone who dares to suggest that women should not have children they can’t afford to care for and that will permanently cripple their chances at success, proceeds by paring such critics with those who oppose the work of her organization.

“One man called me screaming that impoverished moms should “just use newspaper!” to diaper their infants. In letters and phone calls, others have accused us of encouraging mothers to keep “breeding.” (Barnyard animals breed, mind you. Women have babies.) Our critics believe the women who come to us are bad mothers who should not have had children in the first place. (We rarely get criticism of fathers, as if women become pregnant all by themselves)”

Breathtaking. She begins with the fallacy I call “The Bad Lawyer,”concluding from the fact that a proposition has some foolish advocates that the proposition itself is incorrect. Yes, anyone who advocates endangering a baby’s health by using newspaper as diapers is too mean and dumb to be in civilized society, but using that position to characterize critics or irresponsible mothers is dishonest debating. The suggestion that women decide to have babies they can’t afford because they are confident that they can get free diapers is similarly idiotic,but the position that it’s irresponsible to have children when you should know you can’t care for them is not only not idiotic, it’s blazingly obvious. Continue reading

No, Carol Costello, You Contemptible Fool, Cheating Isn’t Funny

Now here's a cute story about how a team cheated to get to the Super Bowl!

Now here’s a cute story about how a team cheated to get to the Super Bowl!

I have more important things to write about today than again exposing that blight on the already thoroughly blighted field of broadcast journalism, CNN’s Carol Costello, I know. I also know I shouldn’t watch her, or CNN for that matter, in the morning. But my options are limited to that or centerfold sunburst Robin Meade over at HLM, who causes me to question my motives. Fox I am boycotting entirely until Roger Ailes sends Bill O’Reilly to keep Brian Williams company; The Today Show and Good Morning America are no longer news sources, just cretinous fluff, rock songs and cooking segments with occasional left-biased interviews, whatever CBS is doing in the morning has been unwatchable since 1981, and MSNBC is a disgrace in every way, and I mean every way. Lately the embarrassment has been that a disturbing number of its “tax the rich into oblivion and turn the US into Sweden” talking heads haven’t been paying their income taxes. I can respect people who at least display personal integrity regarding the irresponsible policies they advocate, but MSNBC is crawling with hypocrites as well as Angry Left demagogues.

That leaves CNN, which in one respect is unfair: since I can’t stand watching the others and only catch their worst moments when they are flagged by Mediaite or a tipster, CNN gets a disproportional criticism here. It is almost impossible, however, to be unfair to Carol Costello. Continue reading

What A Surprise: The Patriots Cheated. Now Comes The Integrity Check For The NFL And Its Fans

deflated-football

From the New York Times:

…On Wednesday, the N.F.L. released its report on its investigation into the scandal surrounding the surreptitious and rule-violating practice of deflating game-day footballs. Using detailed accounts and circumstantial evidence, it implicated Brady as part of the operation, saying he surely knew that the two employees, McNally, 48, and Jastremski, then 35, were purposely deflating footballs to a level beyond the permissible threshold for Brady’s benefit.

“There is less direct evidence linking Brady to tampering activities than either McNally or Jastremski,” the report said. “We nevertheless believe, based on the totality of the evidence, that it is more probable than not that Brady was at least generally aware of the inappropriate activities of McNally and Jastremski.”

The N.F.L. report absolved other top Patriots officials, including Coach Bill Belichick, the owner Robert K. Kraft and the equipment manager Dave Schoenfeld, saying that there was “no wrongdoing or knowledge of wrongdoing” on their part….

I wrote the headline before I remembered: the NFL has no integrity, and neither do its fans. It was very clear that the Pats had cheated to get to the Super Bowl, and had the NFL cared anything about integrity, it would have completed its investigation in time to tell the Indianapolis Colts that they, and not the New England Serial Cheats, were going to the biggest game of the year, since it had lost the chance to a dastardly opponent. Instead, the league basked in the marquee match-up and one of the best games ever, and waited until now, four months later, with football as far out of mind as it can be, to announce that the New England Patriots, again, had cheated. Clever. Too clever.

I wrote a lot about this when it occurred, and had to put up with the predictable “innocent until proven guilty” crowd, the “it’s only a game ” crowd, the ” they would have won anyway” crowd, the “everybody cheats” crowd, the “it’s not like he invaded Iraq” crowd—essentially Barry Bonds defenders, Obama enablers, and Bill Clinton fans with football jerseys and Patriots beer mugs.  Now I get the Hillary Clinton crowd, who will ask, “What difference, at this point, does it make?” The NFL can make billions being as corrupt as it is, maiming athletes and turning colleges into shams, because so many, many Americans value a visceral rush on winter Sundays over fairness, justice, and honesty.

Observations: Continue reading

Emoji Ethics…Oh, All Right, I Won’t Be Coy: The Unethical Firing Of Chad Franks

Screen-Shot-2015-04-28-at-10.50.42-PM

Would you fire someone based on that tweet? Is it so horrible to you, so seering to your senses, that it warrants harming a human being’s career and welfare? Can you even detect what it was that got its author fired? Could the person doing the firing believe that he or she would deserve firing for such a tweet, as in, say, The Golden Rule?

Has the world gone mad?

First the basics: What the hell is an emoji? From Wikipedia:

“Emoji (絵文字(えもじ)are the ideograms or smileys used in Japanese electronic messages and Web pages, the use of which is spreading outside Japan. Originally meaning pictograph, the word emoji literally means “picture” (e) + “character” (moji). The characters are used much like ASCII emoticons or kaomoji, but a wider range is provided, and the icons are standardized and built into the handsets. Some emoji are very specific to Japanese culture, such as a bowing businessman, a face wearing a face mask, a white flower used to denote “brilliant homework,” or a group of emoji representing popular foods: ramen noodles, dango, onigiri, Japanese curry, and sushi. The three main Japanese mobile operators, NTT DoCoMo, au, and SoftBank Mobile (formerly Vodafone), have each defined their own variants of emoji. Although originally only available in Japan, some emoji character sets have been incorporated into Unicode, allowing them to be used elsewhere as well. As a result, emoji have become increasingly popular after their international inclusion in Apple’s iOS in 2011 as the Apple Color Emoji typeface,which was followed by similar adoption by Android and other mobile operating systems. Apple’s OS X operating system supports emoji as of version 10.7 (Lion).Microsoft added monochrome Unicode emoji coverage to the Segoe UI Symbol system font in Windows 8 and added color emoji in Windows 8.1 via the Segoe UI Emoji font.”

In short, they are tiny pictures increasingly used by Twitter freaks to jazz up their tweets. If you don’t look for them, you may miss them. They are, essentially, cartoons.

Chad Shanks, who ran the NBA Houston Rockets’  Twitter account as the team’s digital communications manager, posted the above tweet to celebrate the impending end of the first-round NBA play-off series with the Dallas Mavericks. The emoji of a pistol pointed at a an emoji of a horse’s head—the Mavericks’ mascot is some kind of a horse-human hybrid monster—in the upper left-hand corner was deemed by management so vile that Shanks’ head had to metaphorically roll. The shocking, PTSD triggering tweet with its reference to cartoon violence was deleted and sent to cyber Hell, and Shanks grovelled an apology, writing, via Twitter, of course, that he was no longer with the organization:

“I did my best to make the account the best in the NBA by pushing the envelope, but pushed too far for some and for that I apologize….Sometimes you can go too far. I will no longer run @HoustonRockets  but am grateful to the organization that let me develop an online voice.” Continue reading

A Particularly Dangerous Ethics Dunce Display: State’s Attorney Marilyn Mosby’s Unethical Statement Regarding Charges In The Death Of Freddie Gray

State’s Attorney Marilyn Mosby announced today that the six Baltimore police officers involved in the arrest and subsequent death of Freddie Gray  have been charged with criminal charges  second-degree murder, manslaughter, second-degree assault, vehicular manslaughter , and misconduct in office. I have no comment on that: I haven’t seen the evidence. I will assume the charges are justified base on what evidence there is.

Nonetheless, Mosby’s announcement and related statements from  the steps of Baltimore’s War Memorial Building were unethical, and indeed  constituted a professional ethics breach:

  • Mosby said she told Gray’s family that “no one is above the law and I would pursue justice upon their behalf.” Unethical. Her client isn’t the family. Her client is the state. If the evidence appears too weak to get a conviction based on any new revelations, her duty to her client, which only requires justice, not justice for any party, would be to drop the case. Telling the family that she is working “on their behalf” is either a lie, or, if true, unethical. She is not their lawyer or the victim’s lawyer.
  • “I heard your call for ‘no justice, no peace,'” she said. “Your peace is sincerely needed as I work to deliver justice on behalf of this young man.”

Ugh. Again the “on behalf of” misstatement. Worse, though, is “I heard your call for ‘no justice, no peace.” What are we to take from this statement, other than the disgraceful admission that the indictment is in response to mob violence and threats of more? She may not say that. By saying it, she has undermined the rule of law. Prosecutors must not”hear” demands that a citizen be prosecuted, or not prosecuted. They are ethically obligated to ignore them, and do what the evidence dictates.

The demonstrators obviously got her meaning. Desmond Taylor, 29, shouted to the crowd,  “This day means that your actions bring consequences in Baltimore City.”

Imagine what else riots and arson might bring! Continue reading

Death Throes Of The Death Penalty: Dumb Expert, Dumb Advocates, Dumb Debate

“Next!”

As I recently concluded, the death penalty is beyond saving, not because it can’t be defended ethically and morally, but because the issues are tangled beyond repair.

The controversy over the legality of the so-called drug cocktails that somehow became our execution method of choice is a perfect example. The battles over capital punishment trapped policy-makers into this kinder, gentler, ridiculously complicated method of execution that has suffered snafus ranging from unavailable drugs to ugly extended deaths. The problem is the floating definition of “cruel and unusual punishment,” prohibited by the Constitution, but almost entirely subjective. Many judges think killing a killer is itself cruel by definition, and the more reluctant Western Europe becomes to execute the worst of the worst, the easier it is to make the argument that the death penalty is also unusual.

I don’t get it. I never have. India once executed condemned criminals by having the subject place his head on a stump under the raised foot of  trained elephant, which on a command would smash the head like a grape. Quick, painless–messy!—but virtually fool-proof. A pile-driver would be an acceptable equivalent.  Ah, but ick! In this stupid, stupid, intellectually dishonest debate, ick always equals “cruel and unusual,” because to opponents of the death penalty, killing people, even horrible, dangerous people, is inherently icky.

(Oddly, ripping unborn babies out of the womb is not, but I digress.)

I’ve admitted it, and I will again. (This lost Ethics Alarms Luke G., one of its best commenters the last time.*) It is obviously wrong to intentionally prolong an execution or deliberately cause pain, but if the occasional execution is botched and the condemned suffers, that should be cause for great rending of garments, nor should it be used to discredit capital punishment. As I wrote here about Clayton Lockett’s execution in Oklahoma

“There was no question of Lockett’s guilt, and his crime was inhuman. Such wanton cruelty and disregard for innocent life warrants society’s most emphatic rebuke, and the most emphatic rebuke is death. It is essential that any healthy society make it clear to all that some crimes forfeit the continued right to not just liberty, but also life. Anyone who weeps because this sadistic murderer experienced a few extra minutes of agony in the process of being sent to his just rewards has seriously misaligned values. No method of execution will work every time, and to make perfection the standard is a dishonest way to rig the debate. If the death penalty is justified, and it is, then we should expect and accept the rare “botch.” Meanwhile, if the concern really is efficiency, reliability, speed of death and minimal pain, there are literally dozens, maybe hundreds of methods of swift execution that would accomplish this. They just won’t pass the standards of death penalty opponents, because no method will.”

Today the Supreme Court heard oral arguments on the question of whether Oklahoma’s use of the common surgical sedative midazolam did not reliably make prisoners unconscious during lethal injections, thus violating the Eighth Amendment’s protection against “cruel and unusual punishment.” It’s a ridiculous case, which arises out of the botched April 2014 execution of Lockett that sparked the post I just quoted. It is a ridiculous case because the method of execution isn’t worth arguing over. Elephant. Head. Problem solved. Why is Oklahoma fighting about which cocktail to use? This is the anti-capital punishment team’s game, and sooner or later, the result is preordained.  Continue reading