Morning Ethics Warm-Up, 3/18/2019: Paranoia, Pettiness, Pirro, Provoked Applicants, Piqued Students, Posturing And Progressives

Good Morning, Pacific Time Zone!

I’m heading to San Diego tomorrow to talk about “Five Looming Ethics Issues for Lawyers  and  Their  Corporate Clients”  to a group of over 600 lawyers. THEY don’t think my analyses of ethics issues violate community standards…okay. I admit it, I’m getting paranoid. Despite a lot of, I humbly believe, useful, timely and well-presented content, the weekend traffic was terrible, and comments were sparse, if excellent. This year, so far, is lagging behind last year, which seriously trailed the year before. What’s going on here? Has Google secretly joined Facebook in its efforts to keep the posts here from reaching an audience? Of could it be that I just suck? Maybe Donald Trump really has killed all belief in ethics…that’s the ticket! Blame the President!

1. Pettiness and vindictiveness vanquished. Good. The Judicial Council of the 10th U.S. Court of Appeals  has affirmed its December decision to reject 83 ethics complaints against Justice Brett Kavanaugh, all filed by bitter partisans who are determined to hurt the newest Justice because the Democrats’ slimy and unethical ambush tactics failed, as they should have. In a 6-1 decision, the judicial council affirmed its earlier finding that the federal law governing misconduct complaints against federal judges does not apply to justices on the U.S. Supreme Court. Many of the complaints filed against Kavanaugh argued he had made false statements under oath during hearings on his nominations to the U.S. Court of Appeals for the D.C. Circuit in 2004 and 2006 and to the U.S. Supreme Court last year—you know, like having an innocent recollection of what “boof” meant in his completely irrelevant high school year book.  Other complaints accused Kavanaugh of making inappropriate partisan statements in his inappropriately partisan hearings, or claimed he treated members of the Senate Judiciary Committee with disrespect, or as I would put it, the disrespect they deserved for attempting to smear his good name and reputation through demagoguery and calls to reject the presumption of innocence.

Let me remind everyone that Ruth Bader Ginsberg, in her confirmation hearings, stated under oath that she had no pre-formed opinions that would affect her objectivity in abortion cases. Nobody filed any ethics complaints. Continue reading

Ethics Warm-Up: I Wish I Were Surprised, But I’m Not

NOW what?

Quite a bit, actually…

1. Res Ipsa Loquitur #1 The Democratic National Committee has barred Fox News from hosting its Presidential primary debates. I guess the Democrats don’t want any tough questions interfering with their efforts to rig the nomination this time around.

If there was ever better proof that the Democratic Party considers the mainstream media their captive allies, I don’t know what it would be. In 2016, Republicans subjected their candidates to outright hostile questioning from CBS and CNBC journalists, and Fox treated Donald Trump as roughly as a candidate can be treated in the Republican debates. I watched all the pre-nomination debates: Fox’s Neil Cavuto was among the very fairest of all panelists, and as Fox News has correctly said in its protest about the Democratic slur, Chris Wallace, Bret Baier and Martha MacCallum, the proposed Fox News debate questioners, are at least as objective and professional as any Left-media journalists.

DNC Chair Tom Perez’s excuse for this blackball move is self-evidently dishonest: “Recent reporting in the New Yorker on the inappropriate relationship between President Trump, his administration and Fox News has led me to conclude that the network is not in a position to host a fair and neutral debate for our candidates. Therefore, Fox News will not serve as a media partner for the 2020 Democratic primary debates.” Oh, the New Yorker says so! That settles it then!

The GOP didn’t pull out of the Vice-Presidential debates in 2008 even though the NPR’s debate moderator, Gwen Ifill, had her pro-Obama book sitting at her publisher  waiting for he candidate to win. CBS wasn’t barred from hosting debates, event though David Rhodes, then president of CBS News, is the brother of Ben Rhodes, Barack Obama’s deputy national security adviser. Meanwhile, Ben Sherwood, president of ABC News, is the brother of Elizabeth Sherwood-Randall, an Obama  special assistant.  Claire Shipman, a national correspondent for ABC’s “Good Morning America,” was married to Jay Carney when he was President Obama’s press secretary. These were real, hard, conflicts of interest. The bias of the Fox News journalists is apparently based on the fact that they may run into Trump pal Sean Hannity in the lunch room.

The Democratic Party is prepared to do everything in its power to make sure the American public does not get properly informed regarding the character, skills and beliefs of its 2020 Presidential candidate, and is confident that every network but Fox can be depended upon to assist them in achieving that goal.

2. Almost certainly untrustworthy study of the week, but great for confirmation bias purposes:  According to an article in “The Atlantic,”  a survey conducted by the polling firm PredictWise that assembled a county-by-county index of American political intolerance  based on poll results determined that ” the most politically intolerant Americans… tend to be whiter, more highly educated, older, more urban, and more partisan themselves.”

That would explain the posts by my Facebook friends… Continue reading

Morning Ethics Warm-Up, 1/8/2019: A “Bias Makes You Stupid” Spectacular! [UPDATED!]

Good Morning!

The first appearance of Donald, Debbie and Gene in the New Year!

1. “A Nation of Assholes” update: Conservatives being ugly. The comments and even the posts around the conservative blogosphere regarding Ruth Bader Ginsberg are repulsive, and  reveal a deep mean streak, a lack of compassion and basic respect. Ginsberg, it was announced yesterday, will miss oral arguments–that means she won’t be able to vote on the cases she doesn’t hear—for the first time in her long career. It also may well mean that she isn’t long for this world, or the Court. The gleeful tone of the jokes, sarcasm and mockery being aimed her way by those salivating at the prospect that she will soon be replaced by a right-leaning justice is palpable. (Yes, some of the mean jokes are funny. The blog referring to her illness as a “belated Christmas present” isn’t.)

2. A classic bad argument for illegal immigration in response to an emotional one against it. The advocate? Geraldo Rivera. On a Hannity segment with conservative Dan Bongino [Correction notice: I mistakenly identified Bongino as African American in the original post. He is apparently Italian-American.]  Rivera tried to defend illegal immigration while condemning the use of individual episodes of violent crimes by illegals to justify stronger border enforcement. As Bongino and Hannity shouted around and over him, Rivera objected to Hannity’s featuring the grieving parents of 22-year-old Pierce Kennedy Corcoran who was killed in a head-on car crash with illegal immigrant Franco Cambrany Francisco-Eduardo. Francisco-Eduardo was charged with criminally negligent homicide and driving without a license or insurance,  was turned over to ICE. (Good!). Hannity lit the fuse when he began his panel by saying,

“Their son is dead. Or the people that also aid and abet these people with their sanctuary cities and sanctuary states, criminal aliens in our custody that are not handed over to ICE. You always say it’s about both parties, it’s not,” Hannity stated. “It’s about one party now that refuses to protect the American people…”

Said Geraldo at his most Geraldo-ish: Continue reading

Lost Tuesday Ethics Scraps, 12/11/18: Statues, Tucker Carlson And “To Kill A Mockingbird”

Good whatever it is.

I guess I’m not as recovered as I thought: one high energy ethics presentation to a sluggish audience today and I was fried. This better not be encroaching old age, or I’ll be pissed.

1. Thank you for making the open forum this morning active: I wish you all had been in my audience today. I haven’t read any of it yet (I did finally get your excellent comment out of moderation, Michael R!); I’m trying to get my own posts up.

2. Stolen art ethics. No doubt: the looting of art from the Old World by American tycoons and museums is a long-time ethics scandal, and the international court battles settling the disputes will continue for a long, long time. The argument over a 2000-year-old bronze statue, known as “Victorious Youth between the Getty Villa and Italy, however, is not as clear as most. Italy’s highest court has ordered that the sculpture should be returned to Italy. Currently, it is on display at the villa on the outskirts of Los Angeles, which is part of the J. Paul Getty Museum. It was retrieved from Adriatic waters by Italian fishermen in 1964, and sold to successive collectors and dealers. After a decade-long legal battle, Italy’s Court of Cassation ruled  that the statue should be confiscated and brought back to Italy, rejecting the Getty’s appeal. Getty is not giving in.

The ethics as well as the law is murky. This is not a case like King Tut, where Indiana Jones-style archeologists and adventurers, just uncovered foreign cultural treasures and took them home. Before acquiring the prized artifact, the Getty undertook a comprehensive, five-year study of whether the statue could be purchased legally and in good faith. Their due diligence extensive analysis of international, Italian, American and California law and of Italian court decisions pertaining to the work.

In 1968, Italy’s Court of Cassation ruled that there was no evidence that the statue belonged to the Italian state; after all, it is Greek. Although the fishermen took the statue onto Italian soil, the court did not find that its brief presence in Italy transformed the sculpture into a component of Italian cultural heritage. Eventually the statue made its way to a German art dealer who put the statue up for sale. According to the Getty, in 1973, acting on a request from Italy, German police initiated an investigation into whether the German dealer had received stolen goods. The investigation was dropped for lack of evidence of wrongdoing. In 1977, the Getty purchased the bronze in Britain for almost $4 million from a gallery affiliated with the German dealer. The bronze has now been publicly exhibited, studied and cared for at the Getty for 40 years. Continue reading

Ethics Warm-Up, 10/24/2018: Catchers, Judges, Photographers, And Journalists Behaving Badly. Then There Are The Bombers….

Good afternoon!

You might as well know: I’ve been what they euphemistically  call “under the weather” recently. Ethics is getting in the way of my naps…

1. About those bombs…Not much that needs to be said about the explosive devices sent to Soros, the Clintons, Obama and—it fits–CNN, except this: it was inevitable. With conservatives being harassed and attacked in public places, Fox News offices and Republican offices being vandalized, and Democratic leadership and the media openly feeding the hate while rationalizing extreme incivility ( Philippe Reines, former adviser to Hillary Clinton, on MSNBC regarding mobs harassing Mitch McConnell and others: “People are doing these things because it’s all that’s left.” Gee, I guess there were some other tactics left after all, eh, Phil?), that some unstable wacko would decide to bring a gun to knife fight was a near certainty. Naturally, the news media and Democrats want to blame Republicans for the crimes. That’s not going to defuse the situation, and it’s also wrong.  The blame falls on all of those who have encouraged the rhetoric of hate and uncivil conduct rather than conducting political debate in a manner that doesn’t shame democracy.

You can make that list as easily as I can. When the Oklahoma City bombing occurred, the extreme anti-government rhetoric—by the standards of those times, at least–of the Right was fairly accorded the bulk of the blame for raising anger to a dangerous level. This time, the hate machine is being operated around the clock by the Left, and for two years without a break or a significant easing on the accelerator—indeed, it is pretty much the Democratic theme of the 2018 elections.

2. It’s a huge bat! It’s a black-robed blur! It’ SUPER JUDGE! In Chehalis, Washington, Judge R.W. Buzzard left the bench and chased  after two handcuffed inmates when they made a run for it from his Washington state courtroom. 22-year-old Tanner Jacobson and 28-year-old Kodey Howard bolted for the door and down  four flights of stairs, but the judge grabbed Howard just as he was about to exit the courthouse, and Jacobson was caught by police apprehended Jacobson a few blocks away.

As with the cases of bank tellers and grocery clerks who spontaneously play vigilante, the judge was exceeding his authority and interfering with law enforcement. This wasn’t his job, and is not the kind of image the judiciary wants to project. He should be disciplined, but probably won’t be.

Sheriff Rob Snaza said of the incident, “These things don’t happen very often.” No kidding. And they shouldn’t happen at all.
Continue reading

Morning Ethics Warm-Up, 9/11/18: As They Read The Names Of The Twin Towers Bombing…

Sad morning….

1. Serena ethics updates An indignant Facebook friend appeals to authority by telling me that  Chris Evert and Billie Jean King are defending Williams, and that they know more about professional tennis than I do. That’s a classic appeal to authority, and a very lame one. What a surprise that female tennis superstars have each others’ back! Chris and Billie Jean sure aren’t ethicists. I’d love to interview them. “So you believe that coaching from the stands, even though forbidden by the rules, should be allowed? Do you think that an unknown player who behaved like Serena did would have been treated any differently? Do you think that anyone would be supporting her if she were penalized? Since the record shows that Ramos does not treat men any differently than he treats women on the court, doesn’t Serena owe him an apology? Can you comprehend why calling a ref, whose reputtaion depends on being regarded as fair and unbiased, a “thief” is worse that calling him a “four-letter word”?

I can play the biased expert witness game too: here’s Martina Navratilova’s op ed, which is comparatively ethically astute and tracks with my post in many respects.

The polls about Mark Knight’s “racist and sexist” cartoon has these results:

85% side with Knight. I’d love to hear the explanation of the one voter who said the cartoon was sexist but not racist.

The reason I made the issue an ethics quiz is because I’m really torn in the issue. Yes, cartoons of blacks employing exaggerated features naturally evoke Jim Crow and minstrel show racist images. But political cartoons exaggerate features, often in unflattering ways. That’s the art form. Does this mean that blacks are immune from ever being portrayed cruelly in a political cartoon? I think that’s what the anti-Knight contingent is arguing.

My view is that double standards are destructive and unethical. By the by, were Jimmy Carter’s lips that big?

Continue reading

Afternoon Ethics Warm-Up, 8/29/2018: Amazingly, There Are More Important Ethics Developments Than How Long The White House Flag Was At Half-Mast…

Gooooood Morning!

1 It’s not just bias–ignorance also makes you stupid, Part I. On Fox News this morning, they were breathlessly talking about the importance of stopping the publishing of those evil blue-prints of 3-D printable guns. Why, last year, a plastic gun got through TSA security, and it was loaded! And those 3-D printed guns are cheaper than ever! (nobody mentioned that making a 3-D gun that shoots is still incredibly expensive.)

The report was like science fiction, and the woman in a protesting group who said that these guns needed to be stopped NOW! should have had her head wreathed in tin foil. Did Fox discuss the First Amendment issues? No. Did Fox explain that anyone can make their own gun without a 3-D printer? No. Did Fox explain anything relevant to the actual case? Of course not. Did Fox point out that the judge who just issued the injunction admitted that his action abridged speech? No, not that either.

And no, the other news networks weren’t any better.

2. California is ending cash bail. Good. It may backfire, but a statewide experiment somewhere is needed. Bail may be a necessary evil, but the long-time criticism of the system as being biased against the poor has validity, if not a solution. Not every idea Jerry Brown has is bad, just most of them. My guess is that this will be a PR and political disaster, but hey, I don’t live there. The first time a “non-violent” accused criminal kills someone while on his own recognizance, the someone won’t be anyone in my…oops, I forgot, I have a nephew and a niece in California. Well, they’re rabid Democrats and progressives, so they have consented to the risk, I guess.

Amusing reaction: The bail-bondsmen say that they’ll leave the state if this policy stays. Well, of course. Why wouldn’t they leave? What kind of a threat is that?

3. It’s not just bias–ignorance also makes you stupid, Part II A poll says that a majority of the public can’t name a single member of the Supreme Court, despite a large majority believing that the Court’s decisions greatly affect their daily lives. Worse, most of the public thinks the Court is a partisan body, like Congress, because most of the public doesn’t know the difference between the Supreme Court and an ice cream cones, and virtually none of the public has read a single Supreme Court opinion all the way though in their entire lives. No wonder  the Democrat fear-mongering about Judge Kavanaugh is regarded as a smart tactic. Ignorant people are the easiest to con. Conned people warp our democracy.

That’s why it is unethical to be ignorant. Continue reading