Morning Ethics Warm-Up, 12/8/17: Special “BOY, There’s A Lot Of Ignorance, Dishonesty And Idiocy Surrounding Sexual Harassment!” Edition [UPDATED]

GOOD Morning!

1 Ethics Dunces: Anyone who can’t understand why Rep. Trent Franks should resign. I have been reading some conservative commentators who say that the Republican Congressman wasn’t sexually harassing anyone, just guilty of inappropriate conversation….you know, like asking female staff members if he and his wife could rent their uteruses. That is per se sexual harassment. I am stunned: after all of the foofaraw and finger-pointing, witch-hunting and grandstanding, people still don’t know that words alone—“Hey, do you wanna fuck?” and “Oo Oo baby, you are one hot mama this morning! The way that skirt hugs those curves..wow. I’m having a hard time restraining myself!”…oh, and don’t forget, “I’ve been thinking about your uterus lately: can I use it for nine months?” can make someone feel uncomfortable in the workplace, and thus can constitute sexual harassment. Whether a single comment is enough to qualify as “pervasive” is always an issue, but Franks, who apparently had his ethics alarms installed by the Three Stooges, made the request to two staffers, so he effectively poisoned his work environment for every woman in it. Claiming, as one left-leaning site did, that Franks was using his high office to re-enact “The Handmaid’s Tale” goes a bit too far (it’s funny, though), but no one as clueless as Franks should be part of the government.

UPDATE: Franks was offering $5 million for use of the uterus. Whether he was proposing actual intercourse is unclear.

2. “Very interesting theory, but you overlook one very important point! Is stupid. Is most stupid theory I ever heard!” –Sidney Wang (Peter Sellers) in “Murder by Death.” by Neil Simon That theory, which I have now heard others raise, and that I sniffed out a few days ago, is  the Democrat/progressive fantasy that if they make every member of Congress who has been accused of sexual misconduct resign, they have a new and powerful means to try to force President Trump out of office.

They need a new and powerful theory, because the Emoluments Claus (Santa’s inscrutable younger brother) is a non-starter, the 25th Amendment doesn’t apply, the Russian investigation is not finding any high crimes and misdemeanors (just sleazy Trump team members), the “obstruction of justice” theory is risible, and a desperate and thin impeachment resolution put forth by the Congressional Black Caucus just lost 368-58. This one is that if they establish that allegations of past sexual misconduct without due process, admission of guilt or evidence mandates high elected officials resigning (as Bill Clinton did not, but he’s going to be retroactively forced to resign in an alternate universe, or something, thus cleansing Democrats, feminists and the complicit news media of their cynical hypocrisy and altering the present by changing the past, like in “The Terminator” or “Back to the Future”), President Trump will be forced to resign because of the Access Hollywood tape and  his alleged accusers.

Not that this is more ridiculous than many of the other ways the Democrats and “the resistance” have plotted to overturn the election results they promised to respect when they assumed they would win, but it’s still indefensible. Voters decided, wrongly or not, that they didn’t care about this, all of which they knew about before they elected Trump. None of the alleged misconduct occurred while the President was in office (unlike in the cases of Clinton, Franken, Conyers, Packwood and Franks) nor are they only recently disclosed allegations of pre-election misconduct that were not known to voters before the official in question was elected (as in the cases of Franken and Clinton). None of the elected officials who have resigned are analogous to the President. Continue reading

Franken’s Resignation Speech: The Lost Opportunity

Senator Al Franken took to the Senate floor to announce that he would be resigning his seat.  It was Harry Truman who said,

“Fame is a vapor, popularity is an accident, riches take wings, those who cheer today may curse tomorrow and only one thing endures – character.” 

What did we learn about Franken’s character today?

Part of me feels that we shouldn’t be too hard on Franken. He is a human being, and this entire scenario for him must be humiliating, frustrating, and infuriating. Yet he is also a U.S. Senator, and knew that he had, perhaps for the only time in his life and professional career, an opportunity to talk when everyone would be listening, or at least interested in what he had to say. Under these circumstances, and in his high elected position, Senator Franken had a unique opportunity to accomplish great things. He had the bully pulpit, essentially, with nothing to lose except the opportunity before him. Nathan Hale had that opportunity minutes before he died, and found the character to make a statement that has rung out in the minds of patriots ever since. Even Richard Nixon, who had blown such an opportunity 12 years earlier when he thought his political career was over, made the best ethics statement of his life when all eyes were on him as he prepared to leave the White House forever. He said in part,

“Remember, always give your best. Never get discouraged. Never be petty. Always remember, others may hate you. But those who hate you don’t win unless you hate them. And then you destroy yourself.”
Al Franken couldn’t muster the character to say something memorable, inspiring, beneficial or important. He couldn’t even bring himself to apologize: there was no apology anywhere to be found. Given the opportunity to be a statesman, an ethics leader, a role model, Al could only show us the real Al, a petty, small, angry little man. Good to know, I guess, though we already knew it.The Washington Post mercilessly handed the job of annotating the Senator’s speech to Amber Phillips, who could reliably be expected to give no quarter, and she didn’t. She was fair, however, and Al deserved what she gave him.

Franken began by virtue-signalling, saying that he had been excited that

“We were finally beginning to listen to women about the ways in which men’s actions affect them. The moment was long overdue. I was excited for that conversation and hopeful that it would result in real change that made life better for women all across the country and in every part of our society.”

Then the first accusation came his way, and Franken, despite his supposedly sincere statement at the time, didn’t say he was “embarrassed,” or “sorry,” or that there “was no excuse,” that he was “disgusted with himself,”  or that his conduct was “completely inappropriate.” He says he was upset. Says Phillips in her notes,

“Upset” is a pretty strong word to use on the Senate floor, suggesting he was really angry that these women would accuse him of sexual misconduct.”

Franken’s whole demeanor today was angry.  Next he went off the ethics rails:

“But in responding to their claims I also wanted to be respectful of that broader conversation, because all women deserve to be heard and their experiences taken seriously. I think that was the right thing to do. I also think it gave some people the false impression that I was admitting to doing things that in fact I haven’t done.”

We have talked about this before. Franken had smugly joined his progressive colleagues in promoting the unethical, dangerous, irrational concept that any woman who accuses a man of sexual assault must be believed, even without evidence. It was this anti-American radical feminist claptrap that had led the Obama administration to issue the vile “Dear Colleague” letter extorting colleges and universities into putting young men accused of sexual assault before biased and unqualified Star Chambers, to be labelled rapists without due process or representation. This was also the most hypocritical stance imaginable for the party that had rescued a President from impeachment by airily arguing that “everyone lies about sex.”

So his convoluted argument was that he chose to bolster the dangerous party cant by pretending that the accusations against him had merit–that is, not challenging whether they were true—when in fact he doesn’t believe they were true. Yes, this is what his second apology sounded like he was doing, and it was obvious: I rated it cynical doubletalk.

And today, Al literally said that cynical doubletalk was “the right thing to do.” In reality, you see, all those women that good progressives should believe were in fact shouldn’t be believed. Got it.

Bye, Al.

Then he said, “Some of the allegations against me are simply not true. Others, I remember very differently.” Phillips pounced:

Continue reading

The Nauseating Hypocrisy Of Gloria Steinem

Gloria Steinem + Bill Clinton+ Monica Lewinsky=Sauce Bearnaise, at least to me.

When I read that Gloria Steinem had boarded the Harvey Weinstein Ethics Train Wreck —which she had helped start rolling when she tossed her alleged principles into the crapper to make excuses for Bill Clinton ; my favorite was when she shuffled off her previous position on inequalities of power making genuine consent impossible to say that every boss has a right to hit on a female subordinate once—I really didn’t want to revisit the topic. Her defense of Clinton during the Lewinsky scandal almost literally made me ill, and you know how Sauce Bearnaise syndrome works. (Don’t you?)

The aging feminist icon told The Guardian that she would not write the infamous May 22, 1998 New York Times column today, but that she does not regret writing the column then, because “What you write in one decade you don’t necessarily write in the next. But I’m glad I wrote it in that decade.” Translation: Outrageous hypocrisy you can get away with in one decade won’t always fly later.

Especially when it enabled two decades of sexual harassers, abusers and rapists with power who brutalized countless women, right, Gloria?

But Gloria’s credentials as an ethics corrupter needs to be renewed, and I am grateful to Jonathan Turley for taking the time when my queasy stomach couldn’t handle it. I couldn’t say it any better than the professor, who wrote in a blog post today (read the whole thing, here): Continue reading

Unethical Quote Of The Week: Emily Linden

Funny, she doesn’t LOOK like Chairman Mao…

“If some innocent men’s reputations have to take a hit in the process of undoing the patriarchy, that is a price I am absolutely willing to pay.”

Feminist writer Emily Linden, in the most unethical portion of an unethical twitter screed. After it was roundly attacked as the despicable, sexist, Left- facist, “by any means necessary” mind poison that it is, she hid her Twitter account. But of course.

Here is her whole yuck-pooie! rant:

“Here’s an unpopular opinion: I’m actually not at all concerned about innocent men losing their jobs over false sexual assault/harassment allegations…false allegations VERY rarely happen, so even bringing it up borders on a derailment tactic. It’s a microscopic risk in comparison to the issue at hand (worldwide, systemic oppression of half the population)…The benefit of all of us getting to finally tell the truth + the impact on victims FAR outweigh the loss of any one man’s reputation..If some innocent men’s reputations have to take a hit in the process of undoing the patriarchy, that is a price I am absolutely willing to pay.”

Yes, Emily is absolutely willing to pay a price that involves devastating harm to someone else. This woman is allegedly a writer, and yet delivered a rhetorical punch to he own jaw like that. Wow. Continue reading

That Settles It, If It Wasn’t Obvious Already: Lisa Bloom Is An Unethical Hack (But I Could Be Wrong…)

Now, don’t sue me, Lisa! Remember what it says in the “About” section (above), this is all just my opinion. When I say you are a stunningly unethical lawyer, that’s just my analysis; it’s true I know something about legal ethics, teaching and consulting on it full time, but I can’t assert my opinion as fact. I can’t read your mind or slog through your soul. I don’t know what a bar disciplinary committee would decide, though I know this is a famously gray area in legal ethics, so unethical conduct is unlikely to be punished.  And when I say you’re a hack, remember that “hack” isn’t a description subject to objective proof, any more than, say, “asshole.” Perhaps your definition of “hack’ is different from mine. In fact, I’m sure it is.

That said, your conduct is a professional disgrace. I think. Who knows? I may be wrong.

In an interview with BuzzFeed News published this weekend, Bloom, speaking of her recently terminated representation of Harvey Weinstein, said

“I can see that my just being associated with this was a mistake. All I can say is, from my perspective, I thought, ‘Here is my chance to get to the root of the problem from the inside. I am usually on the outside throwing stones. Here is my chance to be in the inside and to get a guy to handle this thing in a different way.’ I thought that would be a positive thing, but clearly it did not go over at all.”

Bloom added that she will no longer represent men accused of sexual misconduct, “even those who convincingly tell me they are innocent….I will just make the best choices I can out of every situation. I have clearly not been successful. I think anybody who does big bold things fails. And I definitely failed on this one.”

What Bloom has failed at is called “being a trustworthy and competent lawyer.”

The next day, during an appearance on Good Morning America, Bloom even more explicitly threw her former client under the metaphorical bus:

“It’s gross, yeah,” Bloom told GMA. “I’m working with a guy who has behaved badly over the years, who is genuinely remorseful, who says, you know, ‘I have caused a lot of pain.’”

Did Bloom actually graduate from law school, or did she just apprentice in her mother’s office (she is Gloria Allred’s daughter) and somehow get an honorary license? Did she never learn about the a lawyer’s duties of loyalty and confidentiality? She obviously didn’t know about conflicts of interest, since she represented Weinstein while agreeing to let him turn her book into a TV miniseries.

Ethics Alarms has previously criticized lawyers who have publicly undermined their former clients. The most recent example  was last year, when a former Trump lawyer used his experiences while representing the future Presidential candidate decades earlier to write a scathing mid-campaign attack on his former client in the Huffington Post. I wrote,

There is strong disagreement in the profession about whether the answer to “Is this unethical?” should be an outright yes. The status of loyalty among the legal ethics values hierarchy is as hotly contested now as it ever has been. If a lawyer wants to attack a former client in a matter unrelated to the representation and no confidences are revealed in the process, is that a legal ethics breach? If it is, it would be a very tough one to prosecute. I think it’s a general ethics breach, as in wrong and unprofessional. It is disloyal, and clients should be able to trust their lawyers not to come back years later, after a client let the lawyer see all of his or her warts, and say, “This guy’s an asshole.” It undermines the strength of the public’s trust in the profession.

Continue reading

Here We Go Again: Harvey Weinstein, Lisa Bloom And The Thing About Lawyer Ethics That The Public And The News Media Just Cannot Seem To Grasp

LawNewz writes, and in so doing wins a Legal Ethics Dunce so easily that I’m not even going to bother,

Feminist attorney Lisa Bloom, who has represented dozens of women against accused sexual harassers like Donald Trump and Bill O’Reilly, is now representing an alleged sexual harasser. In, quite frankly, a shocking move, Bloom agreed to give her “advising” services to film studio executive Harvey Weinstein, who is accused of harassing women over a thirty-year timespan. Immediately, many in the legal world wondered what would motivate such a principled women’s rights advocate to represent a man facing such sordid accusations.

Weird! I have the strangest feeling I have been here before…it’s Ethics Alarms déjà vu!

No, I have been here before, and if you’ve read the blog regularly, so have you, like here, for example, when the post was called,  No, There Is Nothing Unethical Or Hypocritical About A Feminist Lawyer Defending Roger Ailes.or here, when I defended Hillary Clinton….yes, you read that right…when she was being called a hypocrite for once defending not only a child rapist, but a guilty child rapist.  Then there was this post, when liberal icon Larry Tribe was representing a coal company. Bloom, Tribe, Estrich and Hillary all have the same defense, not that lawyers should need a defense for being lawyers.

Let’s see…I think I’ll quote myself from the Hillary piece this time… Continue reading

Morning Ethics Warm-Up: 8/11/17

GOOD MORNING!!!

1. From sources within Google management, we learn that the firing of the diversity memo writer, James Demore, was hotly debated, but in the end...

“…Damore’s focus on biology really made it clear that he had crossed the line.” What turned the tide, said sources, was when it was noted that if Damore’s dubious contentions about women’s skills were replaced by those about race or religion, there would be no debate.’

Ethics diagnosis: Bias made them stupid…that is, Google’s political correctness bias. If someone says that blacks, for example, are biologically handicapped for certain jobs, that’s bigotry and ignorance, the equivalent of poor Al Campanis’s  infamous statement to Ted Koppel that blacks “lacked the necessities ” to manage a baseball team. If someone says that holding religious beliefs suggests one may have biological disadvantages, then that individual is, of course, an idiot.

Women, however, are biologically different from men. If this was the reasoning behind Demore’s dismissal, then it is an example of regarding fealty to cant and politically correct mythology as more important than dealing with complex realities.

2. Professional Trump apologist Jeffrey Lord reacted with a tweeted Sieg Heil! to  Left Wing attack group Media Matters organizing a boycott of the Fox News star’s sponsors to force Sean Hannity off the air.  CNN responded by firing Lord, saying, “Nazi salutes are indefensible.”

Except that Lord was not performing a Nazi salute, but alluding to it to make the very accurate point that the Media Matters wing of progressive America is anti-free speech, and, Nazi-like, determined to shut down inconvenient dissent. Sieg Heil!, in the context of Lord’s tweet, did not mean “Yay Hitler, and let’s kill some Jews!” but rather “Media Matters embodies fascism of the left.”

Which it does.

This story is just full of detestable people and organizations. Jeffrey Lord is a dishonest hack whom CNN keeps parading before its viewers to pretend that the network is “balanced” in its relentless critical commentary on the President. Typically Lord is the sole defender of the Administration on a panel of multiple virulent critics, presided over by one of CNN’s myriad anti-Trump hosts. Sean Hannity is a knee-jerk conservative without scruples, perception or shame. Media Matters is a left-wing propaganda machine that makes a mockery of the term “media watchdog” by its very existence, and it is not unfair to rate its creator and leader, David Brock, as unstable. And I don’t like Nazi salutes either, though to call them “indefensible” is just plain wrong. They are defensible on the History Channel, to show how Nazis behaved. They are defensible in films like “Valkyrie,” since Tom Cruise’s doomed hero’s reluctant salute was a central theme.

It is defensible in Mel Brooks movies, which feature the salute frequently, to mock the Nazis. It is defensible in “Dr. Strangelove,” to make the running joke that mysterious ex-Nazi genius has a Nazi arm with mind of its own.

And it is defensible to use the Nazi salute derisively to say,”David Brock and Media Matters are fascist in the their methods and attitudes towards free speech.”

CNN’s firing of Lord falsely implied that he was referencing the salute positively. By doing this, the increasingly unprofessional and untrustworthy network was also able to impugn President Trump; after all, if his most visible defender in a Nazi, that makes the President Hitler, right?

In this particular basket of deplorables, CNN may be the most unethical of all. Continue reading

Morning Ethics Warm-Up: 8/9/2017

Good Morning!

1. On the matter of whether James Demore’s Google memo was unethical in its distribution, which some commenters here dispute, apparently he took the precaution of hiring an employment lawyer before he sent the memo. This strongly suggests that he was not merely opening up an internal discussion, but intentionally provoking a confrontation. If he just wanted to alert management to a problem, the ethical approach was to speak directly to management, not put out an e-mail that he had to know someone would leak to the internet.

Meanwhile, Google’s firing Demore for politely raising legitimate culture issues belies its “Don’t Be Evil” motto. It also may be illegal: Federal labor law bars union AND non-union employers alike from punishing an employee for communicating with fellow employees about improving working conditions. California also has a very strong anti-political discrimination law which “prohibits employers from threatening to fire employees to get them to adopt or refrain from adopting a particular political course of action.”

2. I noted this in yesterday’s post, but it’s worse than I thought: the left-wing news media, which is to say the news-media, has displayed neither discipline, common sense (you can’t keep signalling how biased you are, guys—eventually people will notice) nor ethical journalism by outrageously misrepresenting the message and the tone of the memo. CNN’s Brooke Baldwin, for example, described the memo as saying  “I don’t really like women anywhere near a computer.” That’s false reporting. Do these people understand that anyone can read the memo and see that either they are lying, or haven’t read the memo?

3. The memo’s allegedly “controversial” statement that men and women have some innate physiological, emotional and psychological differences that make their genders (in general, not in specific cases) better or less-well-suited for certain jobs, tasks or fields takes me back to my multiple battles with feminists who insisted that I cast female actors in “Twelve Angry Men.” They simply put their fingers in their ears and hummed when I pointed out that the play was about the group dynamics when twelve disparate male strangers are locked in a room. Do women in such a situation keep threatening each other physically? I think not. Actually, the play is an advertisement for diversity: having women in that largely dysfunctional fictional jury would have probably solved many of its problems, but because women are different from men, not because they are exactly the same, as the Georgetown feminists insisted. Women really need to decide what their stand is: are they different in ways that can be advantageous, or not different at all? They can’t have it both ways. On Instapundit, Glenn Reynolds recalled “The Althouse Rule of Gender Research”, which is, : “Scientists: remember to portray whatever you find to be true of women as superior.”

This goes for commentators, pundits, journalists, educators and, of course, Presidential candidates. ‘We need a woman in the White House (because men screw things up)’ is wise and true, and not sexist at all. Continue reading

From The Ethics Alarms Double Standards Files: The Women-Only “Wonder Woman” Screening [UPDATED]

The infuriating thing is that that not only are they flaming hypocrites, they are self-righteous about it.

Writes the pop culture website Too Fab, a proud young social justice warrior pop culture hangout,

“A “Wonder Woman” screening exclusively for women at the Alamo Drafthouse theater in Austin has pissed off a lot of fragile men.”

No, the outrageous double standard represented by the screening has pissed off anyone with a modicum of ethics comprehension, and should.

If you don’t immediately see the problem, you’re part of it. Even the galactically tone-deaf Hillary Clinton didn’t hold a women-only campaign rally (although her post-campaign rally at the Wellesley College graduation yesterday was pretty close to one.)  Barack Obama’s most rudimentary ethics alarm would have sounded if an aide proposed a blacks-only event. Hey, let’s promote the NFL with a men-only exhibition game! Given their promotional instincts, I’m surprised Alamo Drafthouse theater didn’t have a screening of the racist, “Whites are trying to destroy us all!” horror film “Get Out” restricted to endangered African-Americans, and maybe balance it off with a whites-only classic film screening of “Birth of a Nation.”

The striking aspect of this per se double standard display is that the Left is defending it, and mocking its critics using Swiss-cheese logic worthy of an evolution denier.

Here’s NY Magazine: Continue reading

In Denver, A Cautionary Tale: Absolute Devotion To Unethical Partisan Doctrine Corrupts Absolutely

All right, maybe he’s got a bad temper, but only a xenophobe wouldn’t want him as a neighbor…

Time was when this story would have made my head explode. Not any more. Progressive and Democratic fanaticism regarding the rightness of facilitating and honoring illegal immigrants has been driving that side of the ideological divide farther and farther away from reason and responsible citizenship. This, as horrible as it is, now is just one more incremental step toward madness.

The Left’s strategy of tarring all principled objections to illegal immigration as “racism” and “xenophobia” has mandated that to them all immigrants, legal and illegal, are just immigrants. Thus their furious battle to keep deserving illegal immigrants from being deported (all illegal immigrants deserve to be deported, though it is impractical at this point to do it) slides easily into a passion for preventing deserving legal immigrants from being deported. What legal immigrants—non-citizens who are U.S. visa holders and legal permanent residents do our laws and common sense dictate do not deserve to stay here? The answer is those who commit serious crimes, of course. Non-citizen aliens are guests here. When a guest in your home is caught stealing a vase, or sexually assaulting your daughter, you kick him out, and rightfully so. If America’s guests can’t respect out laws, they can’t be trusted, and if they can’t be trusted, we don’t want them here. We certainly don’t want them to become citizens.

Yet the Denver City Council agreed this week to change to local sentencing guidelines specifically to shield legal immigrants from deportation proceedings when they are convicted of domestic abuse. In a 12-0 vote, council members reduced criminal penalties for several “low-level” crimes, reducing the maximum sentence to less than 365 days in jail because under federal law, a legal alien resident who is convicted of a crime resulting in a sentence of a year or more can be deported.

Can’t have that! Continue reading