“Harry Potter”

Morning Ethics Warm-Up, 6/19/2018: Double Standards And Greed

/ Jack Marshall / 132 Comments

Time for a Good Morning song!

1. Life on Facebook. A lawyer friend who should know better posted a comment that began, “You wouldn’t think that posting something like ‘Taking children away from their parents and sticking them in cages is wrong’ would be controversial, but in almost every case where one of my friends has said something like this, at least one of his/her friends feels the need to argue about it…” Later he compared the statement “Taking children away from their parents and sticking them in cages is wrong” to “Torturing kittens is wrong.” I told him that as a lawyer, he should be objecting to and explaining the transparent deceit of “Taking children away from their parents and sticking them in cages is wrong”—a half-truth designed to stifle argument, not attacking those who are correctly pointing out the emotionalism and dishonesty of that tactic.

I should count up the number of lawyers whose comments on Facebook on this issue are pure “Think of the children!” with no substantive legal and policy analysis whatsoever. My friend also made the typical suggestion that only Trump voters—you know: morons—would argue with “Taking children away from their parents and sticking them in cages is wrong” as a fair and conclusive verdict on the current policy.

2. Theranos.  Elizabeth Holmes, founder and CEO of Theranos, as well as Ramesh Balwani, the company’s former president ( and Holme’s love interest, were indicted yesterday on charges of conspiracy and wire fraud. The Theranos debacle is a classic corporate fraud story on par with Enron, if not as wide-reaching.

I missed it. This is embarrassing for an ethics blog, and for someone who thinks he scours various news sources thoroughly enough to catch the major ethics stories. I blame Donald Trump, but I also blame the various news sources in 2015 that chose to report fake news, trivial news, future news and theoretical news rather than give a major corporate scandal the attention it deserved. If I missed the story, and I’m looking for it, what chance do normal people with sensible occupations have?

The civil fraud charges in the case were filed in March by the Securities and Exchange Commission, though the scandal had broken earlier, when the Wall Street Journal published its 2015 exposé.  Holmes and Balwani allegedly raised millions of dollars using false statements about how well the company’s  blood-testing device worked, while using  a contract with the Department of Defense and a partnership between Theranos and the pharmacy chain Walgreens to con pharmacies, doctors and the public. The apparent scam created a Business of Cards that, at its peak, had more than 800 employees and a paper valuation of $9 billion.

There is a book out about the Theranos scandal by the reporter who broke the story… Continue reading →

Unethical Quote Of The Month, And A Bonus Kaboom: The New York Times Editors

/ Jack Marshall / 23 Comments

“But if your man is really innocent, what’s the worry?”

—The New York Times in an editorial, “Fox News v. Robert Mueller”

Yes, the New York Times really printed that, under its banner.

Well,

KABOOM!

There goes my head.

As much as I have learned to distrust the objectivity and motives of the New York Times, I did not expect the traditionally liberal paper to make a sinister argument typically associated with totalitarian regimes. This is nothing but a  rephrasing of the traditional “nothing to hide” rationalization for obtrusive state surveillance, as well as illegal police searches and abusive prosecutorial methods.

“If you’ve got nothing to hide, you’ve got nothing to fear” is such a cliché of oppressive state action that it has its own Wikipedia entry. It is often attributed to Joseph Goebbels or “1984,” though there is no documentation for either. It was uttered by villain Pius Thicknesse in “Harry Potter and the Deathly Hallows”:

“As your new Minister for Magic, I promise to restore this temple of tolerance to its former glory. Therefore, beginning today, each employee will submit themselves… for evaluation. But know this: you have nothing to fear if you have nothing to hide.”

In the film version of the novel, the actor (Guy Henry) playing Pius was cast to evoke Goebbels. (above).

Progressive writer Upton Sinclair used an inverted version in 1918 in “The Profits of Religion: An Essay in Economic Interpretation” (1918):

“Not merely was my own mail opened, but the mail of all my relatives and friends—people residing in places as far apart as California and Florida. I recall the bland smile of a government official to whom I complained about this matter: ‘If you have nothing to hide you have nothing to fear.'”

The statement adopted by the Times editors as well as the attitude behind constitute a rejection of democratic values and an endorsement of state sponsored fear and subjugation of individual rights. “It you are innocent, why worry?” literally stands for the proposition that one is guilty until proven innocent, which is an accurate description of the position of the Times, the mainstream media and “the resistance” regarding the baseless allegation of  “collusion” with Russia to steal the election from Hillary Clinton. In the context of the editorial, which dismisses legitimate questions about the objectivity and conflicts of interest among Special Counsel Robert Mueller’s team, the argument is especially disingenuous. If one is innocent, one shouldn’t worry if a biased team of lawyers is trying to find a way to make you look guilty? Continue reading →

Comment of the Day: “Esquire’s Ridiculous Book List Smear”

/ Jack Marshall / 72 Comments

rowling

My position on British celebrities who attack our elected officials via snotty tweets and interviews is simple: I’ll give a damn what you think  when your own country gets rid of the hereditary monarchy and stops sinking ever deeper into socialism, economic decay and international irrelevance. Spout off after the number of artists and performers moving to the U.S. is offset significantly by U.S. artists moving in the other direction.  Great Britain has become the Beach Boys of nations; still croaking the same old tunes, but a depressing shadow of what it once was.

Besides that, it is rude. If there is one nation that deserves Great Britain’s lasting respect, it is this one.

Steve-O-in-NJ scored another Comment of the Day with his discussion of one of the British anti-U.S. tweeters most loved by the Angry Left, “Harry Potter” creator J.K. Rowling. Here it is, in reaction to “Esquire’s Ridiculous Book List Smear”:

Fantasy author J.K. Rowling took it upon herself to troll Vice President Pence and criticize the President, sneering at those fans who have chosen to make contrary opinions known, even condescendingly saying you can lead someone to books about the rise and fall of an autocrat, but not make them understand.

I have to say I am particularly unimpressed by that latter statement, and the attitude it conveys – an attitude that this author is smarter than anyone who disagrees with her, and, more to the point, that she had some profound lesson about human nature to teach the world in the lengthy prose of seven books that were, while they were fun, popular, and very profitable, ultimately only fantasy novels. Their primary purpose, like all novels, is and was to entertain.

Oh, Ms. Rowling drops a profound-sounding thought here and there between the fantastic creatures, faux-Latin spells, potboiler plots, and hairbreadth escapes: that those who seek power often seek it to abuse it, that what you do is more important than who your father was, that being powerful is less important than how you use what power you have, and of course, that racism is bad.

However, none of these are particularly original thoughts. JKR didn’t come up with any of these herself. She might have packaged them up nicely, but no one changes their approach to life because some principle came from the mouth of a plucky young hero or a wise, traditional- looking wizard. Continue reading →