Morning Ethics Warm-Up, 12/29/18: ‘Infuriating Stuff I Wish I Didn’t Have To Know About Or Write About’ Edition

Screaming from mountain tops does no good, I know, but this is the life I have chosen…

Good Morning.

(My beautiful Christmas tree is drooping already, despite meticulous care. (Did you know that in Philadelphia it’s called a “Holiday Tree”? Did you know they had gone mad in Philadelphia?) I’ve had some last until February first. Not this one, I fear.)

1. Like most of the journalism establishment here, only less subtle about itDer Spiegel reporter Claas Relotius was exposed this month to be that publication’s version of Stephen Glass, a star journalist who just made stuff up. He, however, made stuff up to play to anti-Trump sentiments abroad, writing multiple stories to show how bigoted and backward the town of Fergus Falls, Minnesota was, explaining why it went for President Trump in the 2106 election.

The New York Times story on the hoax shows how Relotius could have accomplished the same mission using just spin, slanted framing and old fashioned bias. Read the thing: it just drips with thinly veiled contempt for Trump voters, and the President, of course. “The election results speak for themselves,” says the Times, knowing how the typical times reader will take that. The Times reporters reveal that the town isn’t full of racist yahoos as if that is news in itself.

2. Can’t let this pass, unfortunately. President Trump and first lady Melania Trump were taking calls from young children wondering about Santa’s whereabouts on Christmas Eve, as part of the NORAD Santa tracker (which I think is a waste of money no matter what it costs, and an example of the government being involved where it should not be), and had  this conversation  with 7-year-old Collman Lloyd which was videoed on both sides;

Collman told the President about the Santa visit preparations underway at the Lloyd household, saying “Probably put out some cookies and then we’re hanging out with our friends, so that’s pretty much all.”

The President: “Well that’s very good. You just have a good time.”

Collman: “Yes, sir.”

The President: “Are you still a believer in Santa?”

Collman: “Yes, sir.”

Trump: “Because at seven it’s marginal, right?” 

Collman: “Yes, sir.”

The trivial exchange triggered more Trump-bashing and a ridiculous amount of negative commentary. This approaches blind hate at a pathological level. The focus of the attacks were that the President’s “marginal” line supposedly destroyed the girl’s belief in Santa Clause. Ugh.

  • She later said that she had no idea what “marginal” meant. We  all know Trump can’t talk: this is Julie Principle territory. The only way one assumes that his intent was to shatter the girl’s innocent faith is if one thinks the President is a monster…which is what the news media wants the public to think.
  • If I had to guess, I would say that he was noting that not all of her friends did believe in Santa—which is, studies say, true. My son was a skeptic at 6. I. in contrast, believed in St. Nick until I was 28…
  • Collman also said that what the Evil Scrooge Trump said didn’t cause her not to believe in Santa, though this could be called moral luck.
  • Even at seven, a personal exchange with the President of the United States would have meant so much more to me than any dents in my Santa Claus beliefs that I wouldn’t have given it a second thought. Of course, when I was seven it was the norm that all citizens respected and honored the President, because that was whom our democracy chose to lead us.

Continue reading

‘Twas Two Nights Before Christmas Sunday Ethics Warm-Up, 12/23/18: Ho-Ho-Hypocrisy

Merry Christmas!

1. Yes, Merry Christmas, dammit. Those responsible for that moment of doubt and ethical uncertainty every time I encountered a stranger on my just completed Ethics Rock Extreme road trip to New Brunswick, New Jersey deserve to be entombed alive in peppermint and plum pudding.  The greeting simply says, “I wish you to be joyful and happy in a season where people are a little less selfish and a little more ethical: I’m not trying to indoctrinate you into Christianity!” Much of this completely unnecessary addition to holiday stress is due to to jerks—yes, I think the word is fair—like Julia Ioffe, the author of  “Please don’t wish me ‘Merry Christmas’/It’s impolite and alienating to assume I follow your religion.”

I thought Charles Dickens slam-dunked that nonsense definitively in “A Christmas Carol,” followed by almost all the Christmas movies that make the same obvious point except to deliberate holiday wet-blankets like Ioffe. No, jerk, the greeting is an expression of cultural unity among human beings, and the celebration of values that need have not be restricted to religious Christmas holiday because this is also a secular tradition as well. As soon as I get this post up, I’m going to re-post the Ethics Alarms Christmas commentary.

Somebody send it to Julia.

2. 2018 Hypocrisy Award, locked up! It doesn’t matter if you are happy or disappointed to see President Trump pull U.S. troops out of Syria and Afghanistan; you should still be able to marvel at the blatant, shameless, pandering, hateful and, really, laughable—if the cultural fad of denigrating the President of the United States regardless of what he does wasn’t so destructive and wrong— hypocrisy by news media Trump-haters, among others. Glenn Greenwald, who sees the world from a leftward perspective but maintains his integrity, called out MSNBC’s Rachel Maddow, who could be the symbol of the whole nauseating. He tweeted,

The most bizarre aspect of Rachel Maddow’s deep anger over troop withdrawal from Syria is that she wrote an entire book in 2012 denouncing illegal US Endless War without congressional approval – exactly what Syria is. I interviewed her about it here: Funny: citing that interview I did of Maddow’s book on the evils of Endless War without Congressional approval reminded me that she asked me to blurb that book, which I did. Here’s what I said – so ironic in light of her anger over Syria troop withdrawal

This upset Glenn’s loyal progressive followers, one of whom sent this fascinating retort:

“The most bizarre aspect of Glenn Greenwald’s inexplicable credibility is his ability to appear as first an advocate and then an opponent of almost everyone and everything. Can’t choose one perspective.”

See? To people like this—the commenter’s handle is IstandwithMaxine, which pretty much explains everything—is that they have been brainwashed to believe that is is bizarre unless adopts a single  view—theirs. of course, otherwise you are evil–and never alters it or admits that it may need re-thinking when that view leads to dead ends, disasters and pitfalls, no matter what new information arises. Someone like Greenwald, who tries to apply the same standards of analysis and ethical judgment to all regardless of whether it advances an ideology, is just untrustworthy, a traitor.

This cartoon has been circulating online. It is 100% fair and accurate regarding Trump’s critics self-indicting reaction: Continue reading

Morning Ethics Warm-Up, 12/20/18: I Promise, I’m Looking Hard For Uplifting Ethics Stories For The Holidays. And Failing….

Good morning!

(If I don’t get the lights on the tree  today, I’m hurling myself into a pit of rabid reindeer…)

1. Open Forum report: Another intense, varied, and impressive performance by the Ethics Alarms crew in my absence yesterday. 23 different commenters raised and debated the following issues, many of which I haven’t touched yet, because I am wholly inadequate to my task. Among them:

  • The ethics of fighting a specious criminal charge,
  • Texas’ school districts for making employees sign a pledge not to boycott or advocate against Israel?
  • The bump stock ban
  • The plea deal of Jacob Walter Anderson
  • “The Innocent Man”
  • The Xmas package-snatcher trap.
  •  Stepha Velednitsky
  • “Without Precedent: Chief Justice John Marshall and His Times” by Joel Richard Paul.
  • The yellow vest protests and the meager US coverage of them
  • Prada Monkey
  • Trump’s decision to  pull out of Syria

2.  Favorite dishonest and manipulative note out of many in the 12/18  Times:   Reporters Carl Hulse and Julie Davis write in“Tennessee Senator, A Proven Deal-Maker, Won’t Seek Re-election”…

Senator Lamar Alexander, Republican of Tennessee and one of the last bridges to bipartisanship in the Senate, announced on Monday that he would not seek re-election in 2020…His decision to leave is more evidence that Washington has become less attractive to legislators interested in steering a middle course on seemingly intractable issues such as education and health care….

Fake news, and deliberate distortion. In fact, Alexander’s decision may have nothing to do with the job becoming “less attractive to legislators interested in steering a middle course,” and his own words, meaning his own stated reason for leaving, don’t suggest that at all. Alexander is 78. In 2020, he would be 80, meaning that by the end of a new term he would be 86, or sick, or dead. “I’ve had my turn,”  Alexander is quoted as saying. “Everything comes to an end sometime, and it is good to know when that should be.” He also said that he wants to leave the Senate “at the top of my game.”

The current U.S. news media is untrustworthy, dishonest, incompetent and despicable, and frankly, I am beginning to regard anyone who continues to deny this the same way. Continue reading

Christmas Questions For A Thoroughly Confused Culture

In “A Christmas Kiss,” the 2011 Hallmark-style Christmas movie (that premiered on the Ion channel, but really would have been right at home on the Hallmark channel, or for that matter, the Crap Channel), Wendy Walton is an aspiring interior designer. One night, while preparing to go out with her roommates in glitter makeup,  she encounters an impossibly handsome, formally-dressed stranger in the elevator. When the elevator stalls and seems unstable, Wendy is thrown into the stranger’s arms….or perhaps grabs him for support, or in fear.  The elevator starts moving again, and he impulsively embraces her and gives  her a passionate, romantic kiss.  They part without her learning his name, and Wendy breathlessly tells her roommates about her magical encounter with the handsome stranger.

2018 questions:

1 Was the kiss sexual assault? Wendy did not consent to it. Continue reading

Morning Ethics Warm-Up, December 19, 2018: Facebook’s Lies, Hillary’s Letter, Harvard’s Defenders, And Kavanaugh’s Victory

Good Morning!

1. Open Forum today! As soon as this post is up, I’ll open a forum for readers here to raise their own suggestions for ethics topics and to offer their commentary without me getting in the way. The last one was a spectacular success, attracting over a hundred comments, generating many fascinating threads, and producing three Comments of the Day so far. Just keep the topics on ethics, don’t get distracted by tangents and bickering, and keep it civil.

The immediate motivation for today’s forum is that I have to prepare for and deliver an annual end of year ethics CLE seminar at the D.C. bar. If you’re in the vicinity and need the credits, or just want a lively ethics workout, come on by and say hello. Here are the details:

Date: December 19, 2018

Event start time :1:30 PMEvent end time:4:45 PM

Venue:D.C. Bar: 901 4th ST NW, Washington, DC 20001-2776

Credit: 3.0 Ethics Credit Hours, including 3 hours of professionalism for those states with such requirement.

Description: Widespread discord in our current culture places unusual stress on professional ethics, and unfortunately, the legal profession is not immune. The past year saw many legal professionals, including famous names in the law, make questionable decisions and breach legal ethics standards, providing both cautionary tales and fodder for analysis. This challenging and interactive class will explore important developments and looming perils that every lawyer should be ready to face.

Topics include:

• Direct adversity vs. “general adversity,” and whether it matters
• Sexual harassment as a legal ethics problem, and the profession’s vulnerability to “The King’s Pass”
• Defying a client for the client’s own good
• Fees, referrals and gaming the rules for fun and profit
• Professional responsibility vs. legal ethics
• The increasing threat to law firm independence and integrity
• The technology ethics earthquake

..and more!

Faculty: Jack Marshall, Pro Ethics Ltd.
Fee: $89 D.C. Bar Communities Members; $99 D.C. Bar Members; $109 Government Attorneys; $129 Others

2. Meanwhile, here are Facebook’s “standards”… As Ethics Alarms posts continue to be blocked on Facebook in various ways, including by “community standards” that for some reason reject the ethics of “Miracle on 34th Street,” the social media behemoth’s own standards are coming into focus: From CNBC: Continue reading

Flashback: Revisiting January 15, 2017, When I Was Horribly, Depressingly Right.

There are so many posts here that I forget I wrote many of them, and definitely forget exactly what I wrote in them. I do check old posts when I stumble upon them to see how I assess Past Me as kind of an integrity check. It is remarkable, or maybe its an indictment, that I still agree with myself 99% of the time, no matter how much time has passed. As is often the case when an old post comes back into view, it was a new comment—nothing substantive– that unearthed this one, a post on the topic tagged as the 2016 Post Election Ethics Train Wreck here.

Two years ago I was getting complaints that I was spending too much time and print writing about the progressive/Democratic Party/ news media/”resistance” efforts to ensure the failure and rejection of Donald Trump as President before his administration even got started. I had been writing about the dangerous divisiveness and government dysfunction that this conduct would inevitably lead to if it didn’t stop for just two months. I wrote this post in response to those complaints.

Incredibly, shockingly, depressingly, dangerously, nothing has improved. Indeed, it has gotten worse. A lot has happened: impeachment plans A though O have been floated, advocated and pursued. The news media has been transformed into a virtual vigilante arm of “the resistance.” It is also one of the many democratic institutions that has been weakened, losing public trust and deserving to do so. Meanwhile, Ethics Alarms, in great part because it has refused to capitulate to this culturally suicidal madness, has lost readership and support. The problem is that opposing the broad-based effort to destroy an elected President regardless of the deep wounds it inflicts on democracy and society is seen by the deranged as endorsing the persona, character, methods and all of the policies of Trump himself—seen as, or cynically and dishonestly characterized as such to avoid confronting my analysis. (Hello, Facebook!)

Reading this post after everything that has happened since, I can only wish I was as right every day as I was on the day I wrote this, and I also wish that I had been wrong.

I recommend that you read it too. I may break in here and there. I will not take back a single word.

It is titled, Apologia: I’m Sorry. I’m Sorry That The Left Is Behaving So Unethically, And I’m REALLY Sorry I Have to Keep Writing About It.

Ethics Alarms is intended to be a pan-ethics colloquy on our efforts to set ethical standards in our society, using, for the most part, current events and controversies to apply ethics analysis to dilemmas, conflicts and gray areas as they arise. Silly me: I really thought that once the election was over, I could shove political ethics back into the pack, and get back to more balanced and diverse commentary. I did not expect the Left—is there a better word for progressives, Democrats, Hollywood, academia, artists and the mainstream media?—to behave so abominably and irresponsibly for such an extended period.

Because I believe with all my heart  that this mob-tantrum is doing far more damage to the nation and society than unethical IKEA ads, incompetent judges and even sexual predator 6th grade teachers, I have to chronicle this awful national ethics phenomenon at the expense of other topics. I am thoroughly sick of it. I feel like Keith Olbermann, who quit his first non-sports news commentary job because couldn’t stand reporting on the Monica Lewinsky scandal every night. And believe me, I don’t like feeling like Keith Olbermann.

This is the major ethics story of the month, the year, and maybe the decade. A coalition of ideologically inflexible groups are deliberately seeking to undermine a duly elected President of the United States, and to destabilize the United States government, because their candidate—and a terrible, corrupt, incompetent candidate she was—somehow managed to lose. They are doing this in full knowledge that their actions directly contradict their leaders’ statements before the election. You know, like this one… Continue reading

The Nauseating Caravan Apologists

As usual regarding illegal immigration, there is no “other side,” only rationalizations, dishonesty and Trump hate and emotionalism. Still, the Left’s…and the media’s but, you know, same thing… rhetoric response to the happenings at the border over the weekend represented a new low. I may just let my deranged Facebook friends stew in their own hateful craziness for a while, so I avoid snapping and telling them exactly how they are acting, which might be ethical but wouldn’t be civil. Here’s international law and human rights expert Alyssa Milano, former witch and Tony Danza’s daughter on Twitter:

“You tear-gassed women and children, asswipe! And on Thanksgiving weekend, you piece of shit, asshole, motherfucking, evil-creature-person!!”

Now, I count at least five ways this is unforgivably moronic (It’s not unforgivable to be a moron, but it is unforgivable to make moronic statements in public), but maybe you can find more that five. It is also, except for its exact choice of words, pretty much the same level of logic as most of my lawyer friends on Facebook: yes, they have been reduced by Trump-hate to the abysmal level of a washed-up celebrity with (I think) a high school education.

One: women who break the law and participate in violent attacks on law enforcement officials are as legitimate targets of non-lethal response as men. Funny how feminism evaporates when it is convenient to the feminist.

Two: Using children as human shields is child abuse, and essentially what sops like Millan are arguing is that an adult with a child should be subjected to different law enforcement standards and more lenient ones than anyone else. Wrong. Also unworkable. Also stupid. There were pictures coming out of yesterday’s chaos of men holding up toddlers as literal shields. Nice. By all means, Alyssa, let’s make that an effective tactic.

Three: Democrats, reporters and Facebook sillies were using “gassed” to describe tear-gassing as if the U.S. was breaking the Geneva convention with chemical weapons. Tear gas and pepper spray are legal, useful, necessary alternatives to deadly force in riot situations. My college classmates were subjected to tear gas twice while I was in college, and deserved it.

Four: Wait, did I miss the new law that says that violent illegal immigrants get a pass on a holiday they don’t acknowledge? Or the one that says that other laws are suspended on Thanksgiving? Or the one that says that besieged law enforcement officials are supposed to throw stuffing and cranberry sauce at their attackers?

As for Five, I offer this to Alyssa and any other hypocrite who had no complaints when this was going on, but who now excoriate Trump in vulgar terms: this link, where we find, Continue reading

Ethics Hero: Glenn Greenwald

I’m not exactly a fan of lawyer/muckraker/journalist Glenn Greenwald, but I’m getting there. Greenwald certainly has an ideological agenda, and it informs both his choice of topics and the slant of his reporting. However, in an age where the mainstream journalism establishment has made the tragic decision to be largely  a propaganda organization for its one favored political party, and has willfully misinformed the American public in pursuit of that party’s interests, primarily power, Greenwald stands out for his non-partisan approach, his consistent standards, his integrity, and most of all of late, his refusal to participate in counter-factual condemnations of President Trump for conduct that the news media has either shrugged away or tolerated in the past from other Presidents.

Greewald’s latest broadside against the hypocrisy comes in gloriously unrestrained The Intercept piece about the attacks on President Trump for his attitude toward the , Trump’s Amoral Saudi Statement Is a Pure Expression of Decades-Old “U.S. Values” and Foreign Policy Orthodoxies.

The title is true beyond question; I pointed out the same fact here, writing in part regarding the Khashoggi murder and the New York Times editorial calling the Trump administration’s policy response “a guide to how they might increase their standing in the eyes of the American president as well as how far they can go in crushing domestic critics without raising American ire”:

The question of how far the U.S. should go in pursuing its own interests while excusing unethical or immoral acts by foreign governments is an enduring one the stretches at least back to the United States alliance with Stalin in World War II. Outside of the fact that [ the Khashoggi murder] involves a journalist, however, the Trump “guide,” even stated in deliberately pejorative terms, seems to me to vary not one bit from the standards used by previous administrations, including the Obama Administration. China…Cuba…Iran…and yes, the Saudis, who have overseen state-sanctioned brutality and human rights outrages affecting whole classes of people, not just one journalist, for a long as anyone can remember.

Trump’s “new blueprint,” it seems to me, varies from the old blueprint not one bit. Whether the old blue-print is necessary or defensive is another issue.

Well, that was comparatively nothin’ from me as an ethics rebuke, a pea-shooter compared to Greenwald’s  tour-de force. His conclusion is uncompromising and irrefutable: Continue reading

On Chief Justice Roberts’ “Rebuke” Of President Trump

What Chief Justice Roberts said:

“We do not have Obama judges or Trump judges, Bush judges or Clinton judges. What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them. The independent judiciary is something we should all be thankful for.”

What prompted his comment: After federal judge Jon Tigar of the U.S. District Court for the Northern District of California temporarily blocked the Trump administration from denying asylum to migrants who enter the U.S. illegally, the President said that the decision was a “disgrace,” adding,

“Because every case, no matter where it is, they file it — practically, I mean practically — for all intents and purposes — they file it in what’s called the 9th Circuit. This was an Obama judge. And I’ll tell you what, it’s not going to happen like this anymore. Everybody that wants to sue the United States, they file their case in — almost — they file their case in the 9th Circuit. And it means an automatic loss no matter what you do, no matter how good your case is. And the 9th Circuit is really something we have to take a look at because it’s — because it’s not fair. People should not be allowed to immediately run to this very friendly circuit and file their case. And you people know better than anybody what’s happening. It’s a disgrace. In my opinion, it’s a disgrace what happens with the 9th Circuit. We will win that case in the Supreme Court of the United States.”

This was—I don’t think it’s unfair to characterize it as “gleefully”—gleefully reported as a rare rebuke of the President by a Chief Justice.

Notes: Continue reading

Morning Ethics Warm-Up, 11/21/18: BREAKING! Bill Clinton Harassed Women!

Good morning!

Me? I’m thankful that I’ve had the Warm-Up to fall back on when I’m too busy trying to sleep off this ^$$@!#^& endless chest cold, so I can at least keep a little bit current on Ethics Alarms. Today, the hell with it! Mind over matter, exhaustion be damned, I’m going to work, shop, make delayed client calls and research until I drop, literally. Time to stop being a weenie. Then tomorrow I can be thankful that I’m still alive.

1. Do not let the Clinton defenders off the hook.  For me, this is head exploding: the New York Times is crediting an A&E series about “The Clinton Affair” with suddenly, remarkably, making it possible to see that Paula Jones, as well as Katherine Willey and Juanita Broaddrick, were not just “right wing conspiracy”- primed bimbos weaponized to bring down Bill Clinton. Ah! Now, through the sudden clarity provided by the #MeToo movement, the Times and the rest of the mainstream media feels that the truth, so impenetrable all those years ago,  has been revealed! Jones was credible! Willey and Broaddrick were (and are) credible! What a shock! Who knew?

Excuse me if I barf. I knew, and, I submit, so did the New York Times et al,, including my hypocritical feminist lawyer friends at the Association of Trial Lawyers of America, where I worked during the Clinton years. “I believe Anita Hill!” boasted the button worn by the association’s first female President. “Really?” I asked her? Then why didn’t you believe Paula Jones? Clinton has had a history of sexual harassment and predator allegations; Clarence Thomas hasn’t.” Her answer was, to paraphrase, “Humina humina humina…’ She had no answer. She knew she had sided with a powerful man against a powerless woman for purely political reasons, and credibility and justice had nothing to do with the calculation. So did the New York Times. All of the defenses of Clinton were rationalizations—all of them, every one. I argued, and I taught at the time, that the Lewinsky affair was classic workplace harassment where the disparity of power made true consent impossible, even as such feminists as Gloria Steinem denied it, because, you see, Bill supported abortion rights. Of course he did. I’ll bet those rights served him well at one or more junctures in his rise.

Now, though, the realization of what Clinton was really doing has come into focus, as if it wasn’t deliberately blurred by the same forces now proclaiming it. In her essay for Vanity Fair earlier this year, Monica wrote that #MeToo had given her a “new lens” for seeing her own story, writing “Now, at 44, I’m beginning (just beginning) to consider the implications of the power differentials that were so vast between a president and a White House intern.”

Well, you’re slow, Monica, but at least you have an excuse. The New York Times is simply covering up a lie. It has no new lens: it was just pretending, along with the Democratic Party and most of the news media, that it didn’t know what was obvious to anyone with a neutral perspective. Bill Clinton was a serial harasser and sexual predator. He used his power in office to abuse women, and then to cover up his misconduct. Hillary Clinton was his accomplice, for her own gain. The President lied under oath in the Jones suit, a genuine, proven, “high crime.” It was not personal conduct, but professional, official, workplace misconduct, by well-accepted standards in the employment law field. That other Presidents, notably Kennedy, hasalso been sexual predators was not an valid excuse or a defense. The Democratic Party’s alleged feminism and dedication to women’s rights has been pure hypocrisy and cynical misrepresentation as long as the Clintons were embraced as allies and icons, a situation which existed right up through the 2016 election.

How dare the Times pretend all of this was unfathomable before 2018? Are Times readers really this corrupt and gullible? I know I especially resent it, because everything the paper says is suddenly, amazingly “in focus” was clear to me 20 years ago, and I got the same sneering condescension from my left-corrupted friends then that I get from them now, though on different topics. I’m thankful for the Clinton Ethics Train Wreck, because it started me writing about ethics on-line. But I am not letting these liars and hypocrites off the hook. Neither should you. Continue reading