Monday Ethics Musings, 11/26/18: Surprise! I’m Not Going To Discuss The Border Mess Here.

Good Morning!

Well, the combination of the holidays and my extended illness, plus some lost days due to travel and speaking engagements, just resulted in the worst 9 days of traffic in recent Ethics Alarms history. As Robert E. Lee said after Pickett’s Charge, “It’s all my fault,” and I want to express my gratitude and appreciation to the readers and loyalists here who continued to visit, read and comment despite my failure to keep up on content.

1. I WAS going to cover the “caravan’s” travails...but when I started it was clear that the topic would be too long for the Warm-Up. Reflecting my disgust as the dishonest and hysterical punditry on the matter, low-lighted by the “They’re gassing women and children!” narrative, I was also going to title the post, “Morning Ethics Throw-Up.”

2. Yesterday’s post about Bill “Bojangles” Robinson has garnered an unusual response so far: far more links to social media than comments. This essay is a good example of why I miss the self-exiled progressives here. I really would love to read an argument of why Fred Astaire’s homage to his friend and teacher is nonetheless racist, because it’s “blackface.” I don’t expect good or persuasive arguments, mind you, because I doubt there are any. But we all benefit from the process of debate when both sides are intelligent and arguing in good faith. Even the most doctrinaire ideologue’s per-programmed talking points can be valuable, if only to help us understand how the hive-mind is buzzing.

An aside: I wonder how many Americans under 50 know what The Kingston Trio was, or have any idea how influential they were on music and the culture in the Fifties and Sixties?

3. Yeah, I guess this is bias. Still...A Nassau County (New York) judge, Thomas Rademaker, had ordered the jailing of a dead-beat dad, Michael Berg, in November 2016 and said he could win his release by paying nearly $518,000 to satisfy his obligations. Rademaker also told Berg that he “symbolizes everything that’s wrong with the world today.” He called Berg “selfish,” “self-interested,” “lazy,” “arrogant,” and said Berg was the last guy he would “want to be in a foxhole with” because he would “fold like a cheap suit.”

The appeals court decided that the judge’s comments had crossed the line and constituted sufficient evidence of bias to mandate a new judge to be appointed to consider whether Berg had willfully failed to pay child support. Berg had not moved for a recusal, which meant the bias issue was not preserved for appellate review. The court said it was nonetheless considering the issue of bias “in the interest of justice.”

I’d love to see how Berg argues that he unintentionally neglected to pay a half-million in child support. Continue reading

Future Ethics News From The 2018 World Series

Bulletin: When the opposing teams are announced before Game #1 of the 2018 World Series tomorrow night, the manager of the National League Champion Los Angeles Dodgers, Dave Roberts, will receive a loud standing ovation from the capacity Fenway Park crowd as he walks out to the third baseline.

There is no question about this. Anyone who knows Boston, Fenway, Red Sox tradition or the team’s fan culture has any doubts: it is a sure thing. That ethical gesture of gratitude and respect is as certain as the tide coming in on Cape Cod’s Wellfleet beaches, or the leaves turning gold in Concord this Fall. Red Sox fans have always maintained the tradition of recognizing excellence from opposing players, but the gesture and salute tomorrow goes far beyond that. For it was Dave Roberts, then a reserve pinch-running specialist in the twilight of his career and playing his only season with Boston—and only a couple months of that season at that—who was sent in to run for Kevin Millar, who had walked  in the bottom of the 9th inning of the potential elimination game in the 2004 ALCS.

The hated New York Yankees were leading the best of seven series three games to none, and no team in baseball history had ever come back from such a deficit to win. Pitching was Yankee closer Mariano Rivera, probably the greatest relief pitcher of all time. Everyone knew that Roberts had entered the game for one reason: to steal second base and set up the possible game tying run. And he did it—it was a close play, but he made it, and seconds latter, Red Sox batter Bill Mueller singled him home to tie the score. David Ortiz won the game with a home run in extra innings, and the Red Sox went on from there to sweep New York, and the St. Louis Cardinals in the 2004 World Series as well. The team’s storied 86 year World Series drought was finally over, along with it the Curse of the Bambino, Pesky holding the ball, Lonborg facing Gibson on two days rest, Ed Armbrister getting away with blocking Fisk’s throw to second, Bucky %!^$! Dent’s cheap homer, the ball rolling under Buckner’s legs, Grady Little’s Great Choke, and more, as they all faded into irrelevancy like a long, horrible nightmare. Continue reading

Well, It Was Heart-Warming While It Lasted: The “Ethics Hero Epic” Turns Sour

In the November 2017 post titled, An Ethics Hero Epic: Johnny Bobbitt, Jr, Kate McClure, And Americans, Ethics Alarms told the inspiring story of how homeless veteran Johnny Bobbitt gave his last dollar (twenty of them, to be accurate), to stranded motorist Kate McClure of Bordentown, New Jersey, who was driving through Philadelphia to visit a friend when her car ran out of gas in a tough section of the city. In gratitude, McClure started a GoFundMe campaign for her rescuer, writing,

I would like to get him first and last month’s rent at an apartment, a reliable vehicle, and 4-6 months worth of expenses. He is very interested in finding a job, and I believe that with a place to be able to clean up every night and get a good night’s rest, his life can get back to being normal.

When I wrote the post, her campaign had attracted donations totaling almost $380,000.

Makes you want to cry!

Not as much as this does, though…

Johnny is back living under a bridge, panhandling for change. GoFundMe is investigating whether McClure and her live-in boyfriend absconded with most of the donations, which eventually amounted to about $400,000. Johnny claims that his once grateful benefactor and friend have been spending the money that was supposed to ensure, in Kate’s memorable words, that “his life can get back to being normal.” Continue reading

This Is How Immigration SHOULD Work…And Look! Sometimes, It Does!

Although its tone is unfair and though it’s subject has fallen right into lock-step with the enemies—yes, “enemies” is fair at this point—of the President and the democracy he represents—the New York Times has a revealing story about the kind of immigrant the nation should welcome and pronounce exemplars for the process.

Nasrin Sheykhi is a 29-year-old  Muslim woman who was able to come to the U.S. despite the travel ban because she earned what is known informally as an “Einstein visa,” the EB-1A visa, the government will issue to foreign citizens have “extraordinary ability” in such fields as science, education and the arts, and who want to come here. Sheykhi is a political cartoonist and satirical artist, and before her green card was dry, began mocking President Trump and insulting Melania. I don’t think that’s a particularly shrewd course from a supply and demand perspective, but never mind: she’s welcome here, and enhances the nation, as does any immigrant who come legally and has something to contribute.

It is interesting that the so-called travel ban didn’t stop Sheykhi , which is as it should be. From the Times story: Continue reading

Morning Ethics Warm-Up, 7/11/2018: Baseball! Football! Idiots!

Good Morning!

1. Important stuff first: All-Star Game ethics. The final slot for the two All-Star teams is being determined today, and everyone should want to remedy the egregious injustice of Milwaukee Brewers outfielder Jesus Aguilar being left off the National League squad so far. You can vote for him here, and as many times as you want: the polling will be closed at 4 pm EST.

Aguilar is the victim of parochial fan voting and the rule that requires at least one player from every one of the 30 teams. Still, his omission would be a travesty.  As of today, he leads the National League in home runs, slugging, and OPS (on-base pct. plus slugging) and is a leading candidate for MVP, especially if the surprising Brewers win the NL Central, where they currently lead with the best record in the league. His 2018 performance so far dwarfs that of, for example, Nationals outfielder Bryce Harper, voted onto the NL starting line-up by clueless fans.

2. These are your opinion-makers, America! On “The View,” Loudmouth Ignoramus Joy Behar was discussing the Merrick Garland episode with slumming legal expert and Martha’s Vineyard pariah Alan Dershowitz, who will next be appearing on “Family Feud,” I suppose.

“[The Republicans] stole the first member of the Supreme Court,” opined Dershowitz. “Absolute theft. Unconstitutional. I’m a little critical of President Obama, for whom I voted. He should have nominated Merrick Garland and should have sworn him in. The Constitution says advise and consent. It doesn’t say delay and postpone.”

Behar then asked, because she is an idiot, “Well then how come Mitch McConnell is not in jail? That’s what I want to know.”

“You want to put everybody in jail,” Dershowitz responded.

“I want to put him in jail,” Behar said.

Said  Dershowitz, “I’m against putting people in jail unless they’ve actually committed crimes. I know that’s a radical position.”

“The View” is on ABC five days a week, and has been for more than a decade. I wonder how much it has lowered America’s collective civic literacy and IQ? I think I’m afraid of the answer.

3. The NFL Anthem Protest Ethics Train Wreck update. The NFL players union has filed a grievance over the league’s anti-National Anthem protest policy. (Even in the sympathetic news reports,, exactly what is being protested is left vague, as in Politico’s “racial and other injustice in America, particularly police brutality.” In related developments, former NFL cornerback Brandon Browner has been charged with four felonies, including attempted murder, and in a particularly revolting turn of events, former Portland Trail Blazers star Kermit Washington was sentenced this week to six years in federal prison for spending almost a million dollars in charity donations on vacations, shopping sprees and plastic surgery for his girlfriend.

You see, professional athletes are not paragons, especially good citizens, or valid role models, especially NFL and NBA athletes, among whom are too many drug abusers, felons and dead-beat dads to count. They have no good justification to hijack sporting events to be special platforms for their half-baked social policy nostrums, and they should not be indulged. Let them protest the same way other badly-educated, politically naive and biased citizens do: on their own time. Continue reading

Morning Ethics Warm-Up, 5/10/2018: Co-Starring… Twitter!

Good Morning!

(I am grimly soldiering on, despite the horrifying Red Sox loss to the Yankees last night. Duty calls...)

1 From the “Facts don’t matter to Trump, and facts don’t matter to Trump enemies” files:

1) The New York The Times  reported that Secretary of State Pompeo was absent from Washington when Trump announced he was pulling the U.S. out of the nuclear deal with Iran, and framed it as a gaffe, headlining the story, “At a Key Moment, Trump’s Top Diplomat Is Again Thousands of Miles Away.” The paper  knew why Pompeo was absent, though: he was heading to North Korea make sure that three imprisoned Americans got released and returned home without a hitch. The story under the accusatory headline said so.  Pompeo also went to North Korea to arrange a date and venue for Trump’s meeting with Kim Jong Un. And, of course, Pompeo arriving with some of the benefits of Trump’s tough policy toward North Korea was an excellent backdrop for the Iran announcement.

Ethics verdict: bias and misrepresentation.

2) Stormy Daniels attorney Michael Avenatti included transactions by one or more Michael Cohens who have nothing to do with Donald Trump in a report Avenatti released about the President’s personal fixer’s alleged banking transactions. There are already questions being raised about how the lawyer acquired any banking records before legal discovery, but this is just rank incompetence.

3) Yesterday the President tweeted,

“The Fake News is working overtime. Just reported that, despite the tremendous success w”e are having with the economy & all things else, 91% of the Network News about me is negative (Fake). Why do we work so hard in working with the media when it is corrupt? Take away credentials?

Wow. What a mess that tweet is! Continue reading

Morning Ethics Warm-Up, 4/24/18: Presidents, PETA, Privilege, Penn State And Pedophiles

Good Morning.

It just feels like a gliddy glup gloopy nibby nabby noopy kind of day…

1. Musings on the illness of George H.W. Bush. Perhaps I am over-sensitive, but I found the long segments and speculation on cable news this morning about George H.W. Bush suffering from “broken heart syndrome” sensational, intrusive, and wrong. The man is 93, and he’s suffering from a blood infection. As my Dad said often after his 80th birthday, and eventually proved, when one is 80 or more. you can drop dead at any moment, for any reason. Yes, we all know of long-time married couples of advanced years who perish in close proximity. However, the “broken heart syndrome” is anecdotal, without clinical proof, and, essentially, fake news with a romantic tinge.

[Pointer: valkygirrl]

If vile people like Professor Jarrar will attack Barbara Bush when she dies, imagine what George H.W. Bush has in store. The elder Bush is near the bottom of my Presidential ranking, in the general vicinity of his son, Jimmy Carter and Barack Obama but The Ethics Alarms position is that every single President of the United States is owed respect and a debt of gratitude for accepting the overwhelming challenges of the job, and doing, in every case, what he felt was in the best interests of the nation. Before Harry Truman, even taking away the assassinations from the mix, the Presidency was regarded, accurately, as a killing job, with more Presidents than not dying soon after leaving office. That’s not true any  more, but the job is still a terrible physical, emotional and mental burden. The first words out of any American’s mouth when a former President is ailing should be “You have the best wishes of the nation,” and the first words when any former President dies should be “Thank you.”

2.    And this has to do with “collusion” how?  The raid on President Trump’s fixer Michael Cohen revealed that Fox News host Sean Hannity owns millions of dollars worth of real estate across several states, with  links to several shell companies that bought $90 million on 877 residential properties. This is all confidential information, and should never have been jeopardized by the Special Counsel’s effort, coordinated with New York State prosecutors, to gather as much dirt on President Trump as possible—all the better to impeach him with. That this information was leaked to the press indicts the investigation, the process, the judge who allowed the  fruits of the raid unrelated to Trump to be obtained, and the lawyers involved. Of course, the fact that Cohen had these records also rebuts Hannity’s claim, obviously disingenuous from the start, that he wasn’t Cohen’s client, but never mind: Hannity should not have been placed in the position where there was anything to deny.

[Pointer: philk57] Continue reading

An Ethics Hero Epic: Johnny Bobbitt, Jr, Kate McClure, And Americans

Kate, Johnny, and Kate’s boyfriend. I bet you can tell which is which…

I learned about this story days ago, and got so distracted by all the nauseating ethics news that I neglected to write it up. I apologize. This kind of story should always be the top priority.

Kate McClure of Bordentown, New Jersey, was driving through Philadelphia to visit a friend when her car ran out of gas in a tough section of the city. McClure pulled over, got out of her vehicle and began to walk to the nearest gas station. But Johnny Bobbitt, Jr, an ex-Marine who lives on the streets, saw her plight and immediately took charge. The neighborhood was a dangerous place for a woman to walk alone, he told her, and suggested that she get back in her car, lock the doors, and leave matters to him.

A few minutes later, Bobbitt was back with a full gas can, and gave Kate  20 dollars, the only money he had to his name,  to make sure she could get home safely.

McClure said she did not have money to pay Bobbitt back that night, but she returned several times to the spot where he sits, offering him a few dollars and useful items.. Then McClure started a GoFundMe for her rescuer. She wrote,

I would like to get him first and last month’s rent at an apartment, a reliable vehicle, and 4-6 months worth of expenses. He is very interested in finding a job, and I believe that with a place to be able to clean up every night and get a good night’s rest, his life can get back to being normal.

So far, her campaign has attracted donations totalling almost $380,000 for Bobbitt.

The veteran has been homeless for over a year because of real problems. He has battled drugs, bad choices and probably emotional issues as well. I hope this story has a happy ending. So far so good, though. Johnny demonstrated exemplary ethics, sacrificing his own well-being for a stranger. Kate demonstrated genuine gratitude, empathy and concern, and took affirmative action to try to pay him back. And the American public, as it usually does, showed that when sufficiently alert, it knows how to reward good and selfless deeds.

Comment Of The Day: “Thanksgiving Ethics Quiz: The Girl Scouts Anti-Hug Campaign”

Now and then I see an issue and immediately think, “Now THIS should get the comments flowing.” So it was when I caught a mention of the Girl Scouts’ anti-hugging screed on CNN’s Headline News. Sure enough, the resulting ethics quiz not only sparked a lot of comments, but a lot of excellent ones. This, by Emily, was a standout.

Here is her Comment of the Day on the post, Thanksgiving Ethics Quiz: The Girl Scouts Anti-Hug Campaign.

Oh goodness, do I have thoughts on this. It isn’t new to me at all; my Facebook page is full of young moms who share this stuff (it’s been going around for years) and it drives me nuts.

First of all, we all show affection at different times when maybe we don’t totally want to. You give a friend or spouse or family member a hug because they’re feeling down, or they’re leaving for a six month trip to Japan, or you want to show you’re glad to see them, even if they need a shower or a breath mint or you don’t feel like getting out if your comfy chair. This is part of the give and take of personal relationships; you’d feel insulted if they didn’t offer your preferred form of affection or support when you need it.

Children need to be taught this, or we’re going to raise a generation who think their comfort is the only thing that matters, even in personal relationships and within their family. Continue reading

Morning Ethics Warm-Up, 11/16/17: Keeping the Public Ignorant About Unethical Lawyers, Sugar Lies, And A Terrible Trump Tweet…

Good Morning, John!

Sing us into the first item, would you?

1 “Is anybody there? Does anybody care?” Everywhere I go, lawyers are talking about the David Boies scandal, which I wrote about here. I haven’t seen much media discussion about it at all. We have now seen one prominent hack lawyer, Lisa Bloom, and one prominent, skilled and respected lawyer, Boies, demonstrate high profile professional conduct that should receive serious sanctions from their profession, and it appears that most of the public and the media neither knows this nor cares.

Bloom is just a venal, incompetent, bad lawyer. The real crisis is when top lawyers blithely engage in wildly unethical conduct in a high profile case, but I doubt the public sees the difference. Very little commentary on Boies’s betrayal of the New York Times  focused on the throbbing black-letter ethics violation involved.  Today, a front page story in the New York Times about Black Cube, the sinister investigative crew hired by Boies to gather dirt on the Times before it blew the whistle on Harvey Weinstein completely missed this crucial element of the story. It also makes it near-certain that no one will read the report who need to know how poorly legal ethics are enforced.

Here’s the headline in the print edition: “Sleuths for Weinstein Push Tradecraft Limits.”  Tradecraft? Online: “Deception and Ruses Fill the Toolkit of Investigators Used by Weinstein.” Nowhere in the article are readers informed that lawyers are forbidden, without exception, from using any contractor that regularly uses deception.

Here is the kind of thing Black Cube specializes in, from the Times piece:

“Earlier this month, a former hedge fund employee was flown from Hong Kong to London for a job interview. Around the same time, a current employee of the same Toronto hedge fund was also flown to London for interviews. The company courting them was fake. Its website was fake. There were no jobs to be had, and the woman who set up the interviews was not a recruiter but an agent working for an Israeli private investigative firm.

This was not an episode of “Homeland” or the latest “Mission: Impossible” installment. Interviews and court papers show that these deceptions were part of a sophisticated and expensive investigative operation. The objective, according to one filing, was to gather proprietary information held by the hedge fund. The agent worked for Black Cube.”

Every single jurisdiction in the United States declares in its legal ethics rules, usually in the rule about misconduct, 8.4 (bolding mine):

It is professional misconduct for a lawyer to:

(a) Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;

(c) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation…

How much clearer can it be? It is unethical for a lawyer to employ someone or an organization that he or she knows routinely and reliably engages in “dishonesty, fraud, deceit, or misrepresentation.” Yet that’s the only reason anyone hires Black Cube. Conclusion: Boies breached a major ethics requirement, perhaps the most serious one there is. And why?  Because a client paid him to. Continue reading