hypocrisy

Ethics Review Of “Supreme Court Vacancy Theater”

/ Jack Marshall / 104 Comments

Court vacancy

The short review would be “Yecchh.”

The reason that the earlier Ethics Alarms post about the death of Justice Scalia expressed the wish that President Obama on his own declare that he would defer the almost certainly futile appointment of a successor to the tender care of the next President was precisely because it was obvious that any other course was just going to create more ugly partisan name-calling and hypocrisy, accomplishing nothing positive and wasting a lot of energy and time. I also knew that this most divisive of POTUS’s would no more do that than he would deliver his next speech in a duck voice. Thus we have the theater, with people who should know better acting like the Republican Senate’s announcement that it would not be voting on President Obama’s nominee, should he make one, is some  kind of gross breach of duty and ethics, and people who don’t know better acting as if being one Justice short is some kind of Armageddon. Neither is true.

Nor is there any reasonably similar set of circumstances and conditions that makes the GOP’s entirely political decision, and Obama’s entirely political decision to test it, some kind of breach of precedent. There is no precedent—not with these factors in play:

A Democratic President with both Houses controlled by the Republicans

An ideologically and evenly divided Court, with the new Justice potentially having a momentous and nation-changing effect on the determination of many looming cases

An unusually partisan and ideological President who has proven unwilling and unable to seek legitimate input from the opposing party, and who, in fact, has been personally and bitterly insulting toward it

A rebellion against the “establishment” in both parties, from the extreme reaches of both parties, on the grounds that neither is extreme or combative enough

A lame duck, not especially popular President and an approaching national election that is currently being molded by unpredictable personalities and events, and is likely to be hotly contested..

The Supreme Court unusually central to the government of the country.

The vacancy on the Court being created by the death of one of the Court’s most influential, ideological and powerful members.

A degree of political division in the public not experienced since the Civil War.

These are all material factors, made more material in some cases because of the other factors. Thus accusations that the Republican have engaged in some kind of grand, historical crime against democracy is, to the extent the accusers believe it, crap, and to the extent that they don’t, ignorant. Continue reading →

Rep. Alan Grayson, Incivility, Predicting Unethical Conduct…and Donald Trump

/ Jack Marshall / 13 Comments

Grayson

It should come as no surprise to anyone that Rep. Alan Grayson (D-Fl.) is under investigation by the House Ethics Committee for serious ethics violations. This was pre-ordained by the proclivities he has shown throughout his political career. In his case, the primary tell is his complete lack of civility, which is symptomatic of a crucial respect deficit. Those who do not regard displaying respect for colleagues, fellow citizens, political adversaries and, more broadly, societal standards of fairness and decency as an important behavioral mandate cannot be trusted to respect any other ethical values either. Occasionally one will find someone who deals in insults and personal denigration who is otherwise ethical, just as one will occasionally encounter a baby goat with two heads, but it is rare indeed. If you go through life avoiding uncivil, verbally abusive people like the plague (indeed, such people carry the plague of de-civilization) you will not miss out on very many good companions, and you will spare yourself a lot of misery as well the danger of personal corruption.

Grayson is without question the most uncivil, rudest, least professional member of Congress. I was amused to find that I had mentioned him in a post from 2010 about how many ethics scandals were predictable, given the past conduct of their principle actors. Once Tom DeLay was out of Congress, Alan Grayson was easily the most likely candidate for a scandal, because the man has no ethics alarms. In my very first post about Grayson, I wrote (in 2009),

“Grayson is the Congressman whose explanation of the GOP position on health care was that “they want you to die.” He said that Dick Cheney speaks with “blood dripping from his teeth.” His mode of debate and persuasion, in other words, is insult and hyperbole. Respect for opposing views: zilch. Civility grade: F… He has endorsed unethical rules and plays by them…”

That post was about Grayson trying to get the Justice Department to shut down a website that mocked him. Yes, he doesn’t believe in freedom of speech, either, when he is the target of insults rather than the generator of them.

All of which led me to react with a smile and a yawn when it was revealed that the disgusting congressman, now running for the U.S. Senate–Sure! Why not?—has been secretly moonlighting as a hedge fund manager. It sounds like a Saturday Night Live skit: “By day, a Wall Street-bashing, 1% hating, populist Democratic Congressman! By night, a wheeling and dealing hedge-fund manager!”

Do I need to explain why this is a slam-dunk conflict of interest with the appearance of impropriety? I don’t think so. It also smells of insider trading and using information privy to elected officials for personal gain. On the other side, he used his position as a U.S. House of Representatives member to attract clients.

From the New York Times (it’s me breaking in a couple of  times): Continue reading →

Gloria Steinem Makes A Dishonest Apology For Telling The Truth

/ Jack Marshall / 24 Comments

Steinem

If Gloria Steinem had integrity at all, she would have greeted the criticism over her undoubtedly accurate remarks about young women and politics by saying, “Oh, please. Isn’t feminism past the stage of treating reality like heresy yet?”

But no.

Steinem was discussing Democratic presidential candidates Hillary Clinton and Sanders. When Maher noted the Vermont senator’s popularity with young women, Steinem responded with her theory that women get more “radical” as they get older.

“When you’re young, you’re thinking, ‘Where are the boys?’ The boys are with Bernie,” she said. “Now if I said that… you’d swat me,” Maher replied,to which the “Ms.” founder insisted, “No, I wouldn’t!”

Of course, she was desperately making excuses for Hillary, who rots everyone she touches. Steinem disgraced herself  when she chose  to make excuses for Mr. Clinton, reversing her previous support for women who yielded to greater power and succumbed to predatory bosses. When then-President Clinton’s sexual harassment habits finally got him in trouble, Steinem denied that it was harassment at all. On Maher’s show, her intent was to avoid saying that young women quite appropriately reject the cynical feminism of Hillary, who now claims to champion the cause of victims of sexual assault while she knowing rode the coattails of one to power.  Once again facing the dilemma of having to choose between her alleged beliefs and a Clinton, she again threw women under the bus, though this time, she had some truth on her side: yes, there are times in most normal young women’s lives that boys are more important than politics. What a shocking revelation.  And now, a musical interlude…

Where was I?

Oh, right, Gloria…

So not being able to give the real reason a lot of women are supporting Bernie, silly as he is, rather than lying, tired, fake-feminist Hillary, and somehow extracting herself from the politically incorrect observation in radical feminist circles that girls like boys, Steinem spun a sort-of apology of stunning mendacity:

“In a case of talk-show Interruptus, I misspoke on the Bill Maher show recently, and apologize for what’s been misinterpreted as implying young women aren’t serious in their politics. What I had just said on the same show was the opposite: young women are active, mad as hell about what’s happening to them, graduating in debt, but averaging a million dollars less over their lifetimes to pay it back. Whether they gravitate to Bernie or Hillary, young women are activist and feminist in greater numbers than ever before.”

Let’s unpack this monstrosity, shall we? Continue reading →

The Seventh Annual Ethics Alarms Awards, Part II: The Worst of Ethics 2015

/ Jack Marshall / 17 Comments

Donald and Hillary

Ethics Corrupters of the Year

(Awarded to the unethical public figure whose prominence, popularity and success most corrupts the public’s ethical values)

A Tie: Hillary Clinton and Donald Trump.  Nobody else is close.

I’m sorry that these two are so dominating the awards. They also dominated the posts last year. If they dominate the awards next year, God Save The United States of America…

Double Standard Of The Year

The deference accorded to anti-white protesters on dozens of college campuses, not just by spineless administrators but much of the news media. Similar protests, conduct and rhetoric by white students would be immediately condemned for what it would be: blatant racism.

 Lie of the Year

Hands Up! Don’t shoot! The lie was uttered in 2014, but acquired new status after the Justice Department unexpectedly and definitively determined that the evidence did not support the inflammatory myth that Mike Brown was shot dead in Ferguson while trying to surrender to Officer Wilson. Never mind: the lie is part of the manifesto of Black Lives Matter and similar groups; it is still alluded to by activists and shameless politicians; it still divides the nation and focuses hate on police departments; and it has contributed to getting police officers killed while making communities more vulnerable to crime. It may be the Lie of the Decade.

Uncivil U.S. Official of the Year

Justice Antonin Scalia, who crossed all lines of judicial restraint, collegiality and civility when he excoriated his colleague, Justice Kennedy, who was the fifth vote in the majority of SCOTUS’s ruling  that same-sex marriage was a Constitutional right no state could deny, with this comment in a footnote:

“If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: ‘The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,’ I would hide my head in a bag. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.”

——U.S. Supreme Court Justice Scalia,

 

The Jesse Jackson Award 

(For the Year’s Worst Amateur Diplomat)

Barack Obama.  I know, this is snarkier than I like to be in these awards, but the signature diplomatic measure of the past year, the astounding, one-sided, dangerous and Munich-like deal with Iran, could only be the product of an ideological tyro placing wishes and hopes over diplomatic responsibility, and not for the first time. For most Presidents, trading dangerous terrorists for a deserter would be nadir. History has seen many tragedies seeded by world leaders with no diplomatic skills: the disastrous Treaty of Versailles,  Potsdam, and the treaty that this one most resembles, negotiated by the hapless Neville Chamberlain. We can only hope that the worst case scenario doesn’t materialize, but if it does not, it will be moral luck.

Most Unethical Sports League

New England Patriots quarterback Tom Brady speaks at Salem State University in Salem, Massachusetts, May 7, 2015. REUTERS/Charles Krupa/Pool ORG XMIT: BKS06

The NFL, for the third year in a row. “Concussion,” Tom Brady, Deflategate, more evidence that NFL players are slowly killing themselves with brain damage, Johnny Manziel.  What a great sport pro football is.

Sports Cheat of the Year

Tom Brady, New England Patriots ball-deflating quarterback.  Brady eventually avoided punishment because the NFL botched both its investigation and its imposition of penalties, but his smirking, cynical comments about the incident made it clear that he thinks cheating is no big deal, and most of his fans agree.

Not surprisingly, Brady supports Donald Trump.

Unethical Lawyers of the Year

Law Firm Division:  Lawyers Stephen Diaco, Robert Adams and Adam Filthaut of the Florida firm Adams & Diaco were found to have “maliciously” set up the drunken-driving arrest of their opposing counsel in a  high-profile defamation trial. The plot involved a comely paralegal and a cooperative DUI cop. Last I checked, it looked like all three lawyers would be disbarred for life.

Scary Lawyer Division: California lawyer Douglas Crawford  held a can of pepper spray a yard from the face of the opposing lawyer saying, “I will pepper-spray you if you get out of hand.” Then the lawyer pointed a stun gun at Traver’s head and said, “If that doesn’t quell you, this is a flashlight that turns into a stun gun.” To show he wasn’t kidding, Crawford discharged the stun gun the startled lawyer’s face.

Hard-working Lawyer Division: Massachusetts lawyer,  Karen Andrade, was  charged with prostitution after a police investigated a report by a suspicious neighbor and  found online reviews of both the lawyer’s legal services and her escort services

Celebrity Lawyer Division: Michael Cohen,  one of Donald Trump’s lawyers, told the Daily Beast that it was legally impossible for a man to rape his wife. He was only a couple of decades and many court cases behind on his research. That piece of legal scholarship came after he had threatened the website’s staff in language usually associated with loan sharks and pimps.

Unethical Prosecutor of the Year

Mosby

Baltimore’s City Attorney Marilyn Mosby
Continue reading →

So Modern Feminists Are Apparently Bigoted Bullies And Gender Supremacists…Now What?

/ Jack Marshall / 91 Comments

The first step is to call them out on it.

Item:

“While introducing Mrs. Clinton at a rally in New Hampshire on Saturday, Ms. Albright, 78, the first female secretary of state, talked about the importance of electing a woman to the country’s highest office. In a dig at the “revolution” that Mr. Sanders, 74, often speaks of, she said the first female commander in chief would be a true revolution. And she scolded any woman who felt otherwise.

“We can tell our story of how we climbed the ladder, and a lot of you younger women think it’s done,” Ms. Albright said of the broader fight for women’s equality. “It’s not done. There’s a special place in hell for women who don’t help each other!”

This is pure bullying, misandry and tribalism, anti-male bigotry and a double standard—not that there’s anything wrong with that.

No male politician, pundit or celebrity would dare argue that a man not only should but must vote for the candidate with testicles, because it would be immediately attacked—correctly—as sexist, bigoted, irresponsible, divisive and as an aside, stupid. How can intelligent people make a physiological feature that is unrelated to ability and competence the defining one in choosing a President?

Unfortunately, there’s an answer to that: this was how Democrats elected and re-elected the first black President, with over 95% of voting blacks using color as the prime reason to chance handing over immense power to an inexperienced, untested amateur at leadership and management. Yet even African-Americans were not so blatant and shameless as to openly state that any black American who didn’t vote based on pigment was deserving of eternal damnation. A former Secretary of State did that to bully women into voting for Hillary Clinton, however, as Clinton beamed.

hell1

Continue reading →

The Incredible Howard Dean

/ Jack Marshall / 27 Comments
What does Howard Dean know about Hillary, if he doesn't know it, why is he on TV to talk about it, and if he does know it, why is he lying about it?

What does Howard Dean know about Hillary, if he doesn’t know it, why is he on TV to talk about it, and if he does know it, why is he lying about it?

I admit it: I watched MSNBC earlier this week. I tuned in “Morning Joe,” because the horrible Howard Dean was going to be a guest, and Dean will always say something that puts him in the running for at least an Ethics Dunce post. As far as I can see, he has no scruples or shame at all; he’s like Donald Trump with an MD. Still, I didn’t expect what transpired.

Co-Host Mika Brzezinski raised Hillary Clinton’s speaking fees, and suggested that that high prices she charges colleges undercuts her credibility when she discussed making higher education affordable.  “These kids… will be strapped with $90,000 in debt or $120,000 in debt and she’s making $225,000 in one hour,” she said.

“She’s not getting $225,000 for speeches in front of colleges,” Dean stated.

Mika’s partner, “Morning Joe” Scarborough objected, insisting that she did indeed.

“No, she’s not!” Dean insisted. “Which colleges?” A few minutes later, the Morning Joe executive producer read to Dean two examples, saying, “UNLV in October of 2014, she got $225,000. Then a month later, UCLA, she got $300,000.”

“I stand corrected,” said Dean. That is hardly sufficient, however. Some questions need to be answered. Continue reading →

Hey, Spike? Mizzou? ESPN? Explain This Diversity Thing Again; I’m Confused…

/ Jack Marshall / 37 Comments
Head of The Undefeated, Kevin Merida, whose race had nothing to do with his hiring, and how dare you even ask such a question?

Head of The Undefeated, Kevin Merida, whose race had nothing to do with his hiring, and how dare you even ask such a question?

“The Undefeated” website finally debuted this in January, ESPN’s foray into issues of sports and race.

John Skipper, the president of ESPN, gave an interview with The Wall Street Journal that contained this fascinating quote:

“At the Undefeated, the play is about content. If you do a time-lapse of the last two or three years in sports, you’d see more stories pop to the top about race and sports than anything. It is an important area to explore. There is a business reason: among our most important consumers are African-Americans. There is not right now a go-to site for black fans, other than just ESPN sites. [The Undefeated] will be a black-run and black-staffed site.”

Continue reading →

From A Proud Abortion Defender, An Inconvenient Truth….

/ Jack Marshall / 135 Comments

Snake eating its tail

A New York lawyer named Janice Mac Avoy gifted the Washington Post with an op-ed that was supposed to be a powerful brief for abortion. Viewing it as someone who is deeply conflicted about the ethics of abortion, which is to say, someone who is objective and who didn’t make up his mind first and then look for rationalizations to support that position, I recognized it as a perfect example of why abortion advocates still haven’t made a strong enough case for me, and perhaps why they can’t.

I am still surprised, somehow, when lawyers, like Mac Avoy, display poor reasoning skills. I shouldn’t be, I know: I’ve known plenty of dumb lawyers, even rich and successful dumb lawyers. I suppose I am hostage to the mythology of law school, that professors take students whose “minds are much,’ to quote Professor Kingsfield, and transform those minds into whirring computers of emotion- and bias- free rationality. Unfortunately, mush in, mush out tends to be reality.

Mac Avoy places her own mind in the mush column immediately, with her title “I’m a successful lawyer and mother, because I had an abortion.” This shows her adoption of the classic logical fallacy Post hoc ergo propter hoc, or “After this, thus because of this.” The statement is factually nonsense, and her column takes off from there.

Some highlights:

1. She writes…

“In spring 1981, I knew I wanted to be a lawyer. I was about to become the first person in my family to graduate from high school. I had a scholarship to college, and I planned to go on to law school. I was determined to break a cycle of poverty and teenage pregnancy that had shaped the lives of the previous three generations of women in my family — all mothers by age 18. Then, just before graduation, I learned I was pregnant. Knowing that I wasn’t ready to be a mother, I had a friend drive me to a Planned Parenthood clinic, where I had an abortion.”

Pop quiz: What crucial piece of information is glossed over, indeed strangely omitted, from that account? Mac Avoy “was determined to break a cycle of poverty and teenage pregnancy” —so determined and laser focused on the life goal that she suddenly woke up pregnant! How did that happen? Apparently, despite her representation to the contrary, she was not sufficiently determined that she was willing to refuse  to engage in the exact and only conduct that could foil her intent, and that she knew could foil her intent.

I’m not arguing that a teenage mistake of judgment should derail a life, but I am pointing out that to ignore that personal conduct, as Mac Avoy does, and pretend that pregnancy in every case is some unavoidable random tragedy like a rape or incest, is self-serving and intellectually dishonest, and like most pro-abortion rhetoric, avoids the key issues that make abortion a difficult ethical problem.

2. She writes… Continue reading →

Unethical Quote Of The Month: MSNBC’s Chris Matthews, Whose Ethics Alarm Is Obviously Busted

/ Jack Marshall / 29 Comments

Matthews

“Who is going to watch a debate between the two Cuban guys?”

—MSNBC host Chris Matthews, reacting on the air to the news that wittle Donald Twump will be avoiding Thursday’s Republican candidates’ debate on Fox because he’s afwaid that mean, old Megyn Kelly will wag on him and make him cwy.

The “Cuban guys” are two  U.S. citizens and public servants named Mark Rubio and Ted Cruz. “Who is going to watch a debate between Rubio, Marco Rubio and Ted Cruz?” Chris went on. (Yes, Chris, we know who you meant). “Who cares?””

I just got back from a New York day trip to do an ethics training seminar for a large law firm. I read about Matthews’ hateful, ugly, bigoted statement just as I was getting ready to leave this morning, and it  bothered me the rest of the day. I haven’t checked—has Matthews apologized? Has he been sacked? Have Hispanics and Latinos rallied to support the Republicans he attacked?

There is no spin, no excuse, no rationalization that removes Matthews’ comment from the realm of hateful, gratuitous partisan bile. This is also the guy, remember, who sees racism in the use of the word “Chicago.” Let’s see if we can find any equivalent statement that wouldn’t be legitimately and immediately  identified as the calling card of a bigot:

“Who is going to watch a debate between the two black guys?”

“Who is going to watch a debate between the two Jewish  guys?”

“Who is going to watch a debate between the two gay guys?”

“Who is going to watch a debate between the two Muslim guys?”

“Who is going to watch a debate between the two women?”

Yet this just vomited out of Liberal Chris’s mouth like it was perfectly reasonable and fair, just like you hear other bigots default to “nigger” without blinking. The statement radiates contempt for a nationality, assumed superiority by a comfortably white hack , and absolute disrespect—because the two men are Republicans, and thus don’t deserve decency or fairness at his hands. That’s how Chris thinks. That’s the culture of MSNBC. That’s the attitude of a shocking number of U.S. “progressives.” Continue reading →

The Seventh Annual Ethics Alarms Awards: The Best of Ethics 2015, Part II

/ Jack Marshall / 51 Comments

DavisHand

The Awards continue (Part I is here)….

Most Important Ethical Act of the Year:

The US Supreme Court’s Decision in  Obergefell v. Hodges in which the Supreme Court considered whether states had to recognize a right to same-sex marriages, and narrowly decided that they must. The prejudice against homosexuality is ancient, deep, and complex, mixed up in confounding ways with morality and religion, and deeply divisive. Nonetheless, I felt that the opinion should have been unanimous; it’s a shame that it was not, but in the end, this will not matter. The result was preordained from the moment gays began coming out of the shadows and asserting their humanity and human rights. Since the Stonewall riot, the nation and the culture has learned a great deal about the number of talented and productive gay men and women in our society and our history, the pain, ostracizing, discrimination and mistreatment they have suffered, and the falseness of the myths and fears that lead to this suffering.  In the end, as Clarence Darrow said about blacks, it is human beings, not law, that will make gays equal. No topic immediately causes such emotional and intense debate, on this blog or in society, as this one, but the Supreme Court’s decision is a major step toward changing the ethical culture, by asserting  that gay men and women have the same rights,  in the eyes of the state, to marry those they love and want to build a life with, and by implication, that the beliefs of any religion regarding them or their marriages cannot eliminate that right.

Outstanding Ethical Leadership

Senator Rand Paul.   I am neither a Rand Paul supporter, nor an admirer, nor a fan.  However, his June filibuster-like Senate speech against National Security Agency counter-terrorism surveillance was a brave, principled,  important act, and a great public service. The point Paul made needs to be made again, and again, and again:  there is no reason to trust the NSA, and no reason to trust the current federal government either. The fact that on security matters we have no real choice is frightening and disheartening, but nevertheless, no American should be comfortable with his or her private communications, activities and other personal matters being tracked by the NSA, which has proven itself incompetent, dishonest, an untrustworthy.

 

Parent of the Year

Tonya Graham

Toya Graham, the Baltimore mother caught on video as she berated and beat on her son in the street for participating in the Freddie Gray rioting and looting. Continue reading →