Saturday Ethics Warm-Up, 3/16/2019: Smirks, Grovels, Smears, Gotchas And Gracelessness

Gooooood MORNING!

Feeling blue today, so I had to start off with the great Charles Trenet magic ballad.

1. “I’m smart! I’m not dumb like everybody says!” Yesterday I hypothesized that Southern Poverty Law Center founder Morris Dees was fired because of sexual harassment allegations. Apparently I was right.

2. Another hypothesis! I think I may know why the unhinged media and MAGA-haters went so over-the-top bonkers over Nick Sandmann’s supposedly sinister smile when the Native American jerk was banging a drum in his face. We’ve been streaming 2018’s “The Assassination of Gianni Versace” on Netflix, and it is amazing how much Darren Criss, playing serial killer and sociopath Andrew Cunanan, resembles Sandmann in that unfortunate photo. I suspect that Martinez’s disturbing performance as a gay predator was sill percolating in the minds of some observers, and Sandmann’s “smirk” stirred extreme revulsion that wasn’t entirely his doing.

Look:

3.  “Never apologize; It’s a sign of weakness.” Capt. Nathan Brittles’ (John Wayne) rebuke of a young cavalry officer (Harry Caray Jr.) in “She Wore A Yellow Ribbon” is sometimes right, especially recently, when cowardly public figures apologize when they have done nothing wrong.

Yesterday, a group of students at an NYU vigil dedicated to the 49 people were murdered in two mosques in central Christchurch, New Zealand confronted Chelsea Clinton, accusing her of sparking the massacre by condemning the anti-Semitism of Democratic Minnesota Rep. Ilhan Omar. “The 49 people died because of the rhetoric you put out there!” one student told her. If Chelsea had any integrity at all—and to be fair, given her parents, how could she?—she would have told all of the students that blaming a massacre in New Zealand on legitimate criticism of a Jew-bashing Muslim demagogue in the U.S. was moronic, and she should have queried the students about whether they got into college because someone had taken their tests for them, since they lacked the critical thinking skills to run a bait shop. But no…lacking integrity and courage, the former First Daughter grovelled to the mob, because that’s what good progressives are supposed to do in 2019, saying, “I’m so sorry that you feel that way. It was certainly never my intention. I do believe words matter. I believe we have to show solidarity.”

Then there’s the latest entrant into the Democratic Presidential race, Beto O’Roarke, who yesterday apologized for for joking at several events in his first two days campaigning in Iowa that his wife has been raising their three children “sometimes with my help.” After grovelling for that, he  apologized for fiction he wrote when he was a teenager, using the pen-name Psychedelic Warlord, about murder written from the murderer’s point of view. He said he was “mortified to read it now, incredibly embarrassed… whatever my intention was as a teenager doesn’t matter.”

This kind of reaction is why the unethical Hader Gotcha! is becoming an epidemic. Bravo to Ann Althouse for a great take-down:

No. I want him to apologize to the teenager, the boy he once was. Apologize for saying he doesn’t matter. Apologize for being embarrassed for him. Who the hell are you to be embarrassed for him? You are erasing him. You are misappropriating him. What about the teenagers today who hear you and resolve never to write fiction lest it trip up some aggressively ambitious person they may grow into some day?

4. Meanwhile, another Hader Gotcha! finally fails. Right wing activists Jack Posobiec and  Mike Cernovich got James Gunn fired by Disney as the writer-director of Guardians of the Galaxy 3, after he unearthed old tweets in which Gunn made tasteless and politically incorrect jokes. Hundreds of thousands of people signed a Change.org petition asking Disney to reconsider. Of course, Gunn also grovelled sufficiently, saying that his tweets were “stupid, not at all funny, wildly insensitive and certainly not provocative like I had hoped.”

Cernovich and Posobiec maliciously set out to hurt Gunn after he had criticized President Trump on social media. Now Cernovich has demanded that Media Matters  boycott Disney ,  telling  TheWrap, “Disney’s rehiring of James Gunn presents an excellent opportunity for Angelo Carusone and Media Matters to show they are principled fighters for social justice. I eagerly await joining Media Matters’ boycott of ‘Guardians of the Galaxy 3.” This is all to prove that Media Matters is biased and hypocritical (like Cernovich), because it has called for a boycott of Fox News pundit Tucker Carlson based on his comments during an old interview with Bubba the Love Sponge.

Ethics note: Kant correctly declared that using human beings as a means to an end is unethical. But no one involved in this episode gave a thought to ethics at all, much less Emanuel Kant.

4.  This is why nobody should read Vox. From Ezra Klein’s website:

President Donald Trump just used similar language to describe immigrants coming into the United States that the alleged mass shooter did to justify killing nearly 50 Muslims in Christchurch, New Zealand. On Friday, Trump issued the first veto of his presidency to override a congressional blockade of the national emergency he declared at America’s southern border. During the veto signing ceremony, Trump explained why he felt a national emergency was warranted to stop migrants from entering the US. “People hate the word ‘invasion,’ but that’s what it is,” he said, according to the White House pool report. That is chillingly similar to the language the main suspect in Friday’s Christchurch terrorist attack used to explain why he chose to gun down at least 49 Muslims.

  •  The President has never  called immigrants “invaders.” He has called illegal immigrants, who fit the definition of invaders,  what they are. The victims of the two Mosque shootings were not illegal immigrants.
  • The President never uses the term “migrants,” which is another deceitful language tactic to blur the material differences between legal and illegal He does not want to “stop migrants” from entering the U.S. He wants to stop terrorists from entering the U.S., and he wants to stop illegal immigrants.
  • “Using the same language” as someone who does vile things is a desperately unethical accusation and contrived offense, unless the contexts are identical, the words used mean the same thing, and the intentions are the same. Here, they were not—not even close.

5. Rejecting democracy. Oh, let’s have Stacey Abrams run for President too! She fits. Like her increasingly anti-democratic and ironically named party, she wants to undermine public trust in elections. This week the defeated  Georgia Democratic gubernatorial candidate  again claimed that she won her November election against Republican Brian Kemp, though the vote tallies say otherwise. “I did win my election. I just didn’t get to have the job.”

She has no proof of this, of course;  just the continuing Democratic Party’s corrosive  Big Lie that the system is rigged against female and minority candidates. Hillary Clinton started this partisan trend of refusing to accept defeat with grace and magnanimity, as the system requires to remain viable, unless you want to count Al Gore. Now Abrams says that she will never concede that she lost. Naturally, Hillary, the worst loser in U.S. Presidential history, backs her up. (Clinton, you might recall, excoriated Donald Trump for trolling that he might not accept the election results as legitimate…when she assumed she would win.) Clinton said during her speech on the anniversary of “Bloody Sunday” march,

“We know, don’t we, that candidates both black and white lost their races because they had been deprived of the votes they otherwise would have gotten. And the clearest example is from Georgia. Stacey Abrams should be governor, leading that state right now.”

We just know! Just like Democrats just know President Trump has done something impeachable, and just knew Justice Kavanaugh was a rapist, and just know all sorts of things so intensely that evidence and due process aren’t required.

Morning Ethics Warm-Up, 3/14/2019: Talking The Walk, Or Not

Good Morning!

1. Fight racial hate with cognitive dissonance. It is apparent that the Left’s battle plan depends on making sure that minorities hate and fear white people, and it’s up to whites and all the shades lumped in with them—I’m kind of olive colored, or as an old girl friend used to say, “green”—to foil it. It’s simple cognitive dissonance: the more positive experiences minorities have with whites, the more the cognitive dissonance scale works in favor of racial respect and comity.

Yesterday, in a rush, I arrived in the line to pick up my drug refills simultaneously with an African-American man who was probably about my age, and looked pretty grim. I asked him if he wanted to play paper-stone-scissors to see who got to go first. He appeared genuinely startled that I spoke to him, then smiled and told me to go ahead. “You sure? ” I asked. “I really like playing  paper-stone-scissors !” He waved me ahead of him, and I noted that I was rushing to pick up a carry-out order from my favorite Chinese restaurant.

“That’s a good reason to be in a hurry,” he said. I asked him if he liked Chinese food, and he nodded, so I asked if he had eaten at The Peking Gourmet Inn nearby. (It really is the best Chinese eatery in the D.C. area, and except for a little hole in the wall we stumbled into in London, the best I’ve ever encountered.) He hadn’t, so we got in a long conversation about the menu, how to get there, why he really owed it to himself and his family to check it out. I also learned that he and I both favored the same local Thai restaurant. Great guy.

After I got my pills and started to leave, he crossed over to me with his hand outstretched. “Thanks for the tip,” he said, with a big smile. “It was nice talking with you.” “Same here.” I said, as we shook hands.

One down, about a hundred million to go. Of course, if he had been much younger, I never would have been able to talk to him because his eyes would have been glued to smartphone screen…. Continue reading

Sunday Ethics Warm-Up, 3/10/2019: Ethics Savings Time Edition!

It’s still morning according to MY watch…

1. When ethics alarms don’t ring...How could Philadelphia’s retailers and stores not have seen this problem? The city of Philadelphia has passed a law that will requiring retailers to accept cash, responding to increasing numbers that have gone “cashless.”The new law was signed by Mayor Jim Kenney last week and takes effect on July 1 . Violations could bring  fines of up to $2,000.

City Councilman Bill Greenlee co-sponsored  the bill. “It just seemed to me unfair that I could walk into a coffee shop right across from City Hall, and I had a credit card and could get a cup of coffee. And the person behind me, who had United States currency, could not,” he explained.

Good. Serving only people with credit cards is obviously discriminatory.

2.  More on the robocalling experiment. I previously noted that MLB is using the independent Atlantic League to try out some new rules, innovations, and suggested “fixes” for baseball. Only one is of obvious ethics interest: the electronic calling of pitches, which is a matter of integrity. Games should not be warped by crucial decisions that are obviously erroneous and that the game now has the technological tools to prevent. The rest of the measures being tested raise issues of their own:

  • The mound will be moved back two feet to 62’6″. Comment: I assume this is an effort to make hitting easier and pitching harder. I find it difficult to believe that anything this radical has a chance of being adopted.
  • Larger bases will be used (18″ instead of 15″). Comment: Okaaaay…
  • Defensive shifts will be banned. Comment: A terrible idea, constraining defensive creativity and the constant back-and forth change-and-response that has kept baseball dynamic. Let batters figure out how to beat shifts. They have the ability to do it.
  • A radar-enabled strike zone will be employed. Comment: It’s about damned time!
  • Time between innings and pitching changes reduced from 2:05 to 1:45. Comment: Good.
  • Three batter minimum for pitchers entering a game. Comment: This is to eliminate the single pitcher-per-batter trend in late innings that slows down the game with minimal benefits. I see no reason not to do it; there are similar rules already, such as requirements that a pitcher must pitch to at least one batter.
  • There will be no mound visits unless a pitcher is removed from the game or for medical issues. Comment: NO visits is draconian. All this will do is speed the intrusion of electronic communications between catcher and pitcher and pitcher and manager. Yechhh!

3. When lawyers should just shut-up. ABA Model Rule Of Professional Conduct 3.6 says in part:

a) A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.

It also says,

c) Notwithstanding paragraph (a), a lawyer may make a statement that a reasonable lawyer would believe is required to protect a client from the substantial undue prejudicial effect of recent publicity not initiated by the lawyer or the lawyer’s client. A statement made pursuant to this paragraph shall be limited to such information as is necessary to mitigate the recent adverse publicity.

The rule, which has substantially identical versions in all jurisdictions, needs to be enforced more stringently. It isn’t, I assume, because the bar associations are worried about a court striking down the rule as a First Amendment violation.

Here’s Jussie Smollett’s lawyer, media hound Mark Geragos, on the charges against his client.:

“This redundant and vindictive indictment is nothing more than a desperate attempt to make headlines in order to distract from the internal investigation launched to investigate the outrageous leaking of false information by the Chicago Police Department and the shameless and illegal invasion of Jussie’s privacy in tampering with his medical records. Jussie adamantly maintains his innocence even if law enforcement has robbed him of that presumption.”

ALL the publicity was initiated by Gallegos’s client! His crime was designed to get publicity!

Shut up, Mark. This is the kind of statement that does your client no good, and adds to the public’s distrust of lawyers.

I do give him credit for one thing, though: note that he says, “Jussie adamantly maintains his innocence,” and not “Jussie is innocent,” which he knows is a lie.

4. Nah, there’s no mainstream media bias!

  • Headline (NYT):Border at ‘Breaking Point’ as More Than 76,000 Unauthorized Migrants Cross in a Month.” Quote:”More than 76,000 migrants crossed the border without authorization in February, an 11-year high and a strong sign that stepped-up prosecutions, new controls on asylum and harsher detention policies have not reversed what remains a powerful lure for thousands of families fleeing violence and poverty.”

Gee, sounds like a national emergency to me! Nope: it’s Trump’s fault: “the Trump administration’s aggressive policies have not discouraged new migration to the United States.”

  • Because the Democrat’s watered down “anti-hate” resolution did nothing to condemn the anti-Semitic statements by Rep. Omar, some Republicans withheld their votes for it in protest. Here was how Politico spun it: “Republican leadership splits, and party splinters over hate resolution.”

5. I suppose this should be a stand-alone post, but I don’t want to write about Michel Jackson any more than I have to. It is now official [Pointer: JutGory]: “The Simpsons” is airbrushing away the classic 1991 episode “Stark Raving Dad,” because a key character was voiced by Michael Jackson. James L. Brooks, co-creator of the show, says that the 1991 episode guest-starring Michael Jackson will be pulled out of its archives, permanently, and will be removed from all platforms including DVD sets and streaming services. “It feels clearly the only choice to make,” Brooks says. “The guys I work with—where we spend our lives arguing over jokes—were of one mind on this.”  He added, “I’m against book burning of any kind. But this is our book, and we’re allowed to take out a chapter.”

Sure it’s book burning, and  “the guys Brooks works with” are probably all in favor of tearing down the statues of Confederate generals and monuments to slave-holding Founders, too. Brooks’ ideological clones are suddenly fans of censorship and hiding history when it becomes uncomfortable. There is so much wrong with this decision, it boggles the mind, but a few will suffice…

  • Why now? Oh, right: a documentary made a decade after Jackson’s death suddenly proves what couldn’t be proved in court, is that the theory?
  • Is Brooks really asserting that any artist who releases his or her art to the public is justified in unilaterally destroying it because of a personal motive? The artist has the right, yes. It’s also unethical. The work is no longer the artist’s, it belongs to the culture. This is why Stephen Spielberg has regretted and reversed his politically correctness-addled decision to change the guns carried by the federal agents in “E.T.” to walkie-talkies.
  • This is a time for Kant’s Categorical Imperative. If this is the right thing to do because of Jackson’s alleged misconduct,  then it must be absolute, an unconditional requirement to be observed in all circumstances and justified as an end in itself. That means that no work by Woody Allen, Bing Crosby, Bill Cosby, Errol Flynn, Richard Pryor, John Lennon (and by extension, The Beatles), Peter, Paul and Mary, Charlie Chaplin, Jerry Lee Lewis, and too many others to list, should ever again be available for the public to view, hear, or enjoy.
  • Presumably any film that O.J. Simpson appeared in must be vaporized as well, including “The Naked Gun” films and the greatest disaster movie ever made, “The Towering Inferno.”

The main thing is that “Stark Raving Dad” is a terrific episode.

This is flagrant narcissism, virtue-signaling and grandstanding by Brooks and his colleagues.

Lunch Time Ethics Warm-Up, 3/8/2019: An Ethics Hogie! Dogs and Death, As Democrats Openly Embrace The Dark Side…

Yum Yum!

(I’m Atlanta bound on business and pleasure, but I’ll have significant downtime. With some luck and if my laptop doesn’t explode, it should seem like I never left.)

1. Not unethical, just stupid. I would have warned everyone in advance that I was going to be experimenting with the layout, but I didn’t know it myself. There was a surprise upgrade offer from WordPress that was too good to pass up, but I assumed (Felix Unger: “When you assume, you make an ass of u and me!” that the blog wouldn’t change until I changed it. Nope: the second I clicked on the payment button, the design blew up and was unreadable. Again, my apologies. And also again, this may not be the final design. I’ll be experimenting while I’m in Georgia.

2. But would they let Will Smith play Bill Jenkins? Bill Jenkins died last month, and naturally the news media paid little attention. He was an African-American scientist who was working as a statistician at the United States Public Health Service in the Sixties when learned of the horrific Tuskegee study, one of the worst ethical breaches in the history of U.S. medicine. The federal government deceived hundreds of black men in Macon County, Alabama into thinking that their cases of syphilis  wer being treated when they were not. The researchers were investigating what unchecked syphilis would do to the human body. The black men were being used as human guinea pigs, without their informed consent.

Appalled by the study’s unethical and cruel design, Jenkins spoke to his supervisor, who told him, “Don’t worry about it.” The supervisor was, in fact, monitoring the study. Jenkins defied him and wrote an article about the study that he shared with doctors and journalists. Nobody appeared to care. The study, which began in 1932 , continued through 1972, when another health service scientist exposed it and got it shut down.

Jenkins was haunted by the research and his inability to end it. He went back to school to train as an epidemiologist. The Times reveals the rest of the story:

“He would go on to devote himself to trying to reduce disease and illness among African Americans and other people of color, in part by recruiting more such people into the public health professions.

He was one of the first researchers at the Centers for Disease Control and Prevention to recognize how dramatically AIDS was affecting black men. He helped organize the first conference on AIDS in underserved neighborhoods and became the C.D.C.’s director of AIDS prevention for minorities.

And for 10 years he oversaw the government’s Participants Health Benefits Program, which provides free lifetime medical care to the men of the Tuskegee study and their eligible family members.”

3. Dog show ethics. (This is late, and I apologize to everyone, dogs included.) Lesson: even dogs have conflicts of interest. 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

I Expect Non-Lawyers And Journalists To Misunderstand This Basic Legal Ethics Principle….But HARVARD LAW SCHOOL?

Kaboom.

This is a repeat issue, so I could make this short and link to the previous Ethics Alarms post on this annoying subject, or  here, when I defended Hillary Clinton when she was being called a hypocrite for once defending  a child rapist, or maybe the post titled,  No, There Is Nothing Unethical Or Hypocritical About A Feminist Lawyer Defending Roger Ailes.or this post, when liberal icon and former Harvard Law professor Larry Tribe was representing a coal company. I have vowed, however, that if I accomplish nothing else with this blog, I will do my best to put a stake through the ignorant and destructive idea that lawyers only represent clients they agree with, admire, or personally support. Here its is again, the ABA rule that is quoted somewhere in every jurisdiction’s attorney conduct regulations. Let’s do it really big this time:

ABA Model Rule 1.2(b): “A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social or moral views or activities.”

Got that? Memorize it Print it out and carry it in your wallet, and hand it to your ignorant loud-mouth family member who complains about those scum-bag lawyers who represent bad people. Post it on social media and  in online comment sections where people are bloviating about the same. idiotic misconception.

What we can do about Harvard, however, I just don’t know. You know what they say, “Get woke, lose all respect and credibility as a trustworthy advocate for civil rights and the Rule of Law.” Okay, I’m going to have to work on that… Continue reading

Bias, Spite And Agendas: So Much For The Best Picture Oscar Having Anything To Do With Picking The Best Picture

Apparently Queen Anne was not sufficiently woke.

For the first time in a decade, I may be tempted to watch the Academy Awards broadcast this year just to witness the certain fiasco in store. After severing its bond of good faith with half of America by going full “resistance” the last two years, and alienating another large chunk with #MeToo posturing and hypocrisy, then capitulating to affirmative action cant by seeking “diversity” in its designations of excellence, the once-popular national celebration of the American institution of Hollywood is unraveling in rancor and political correctness. This year it will have no host, because no one is willing to suffer the Hader gotchas and social media bullying that such a role will now necessarily entail. The Academy has split its membership with the decision to relegate the less glamorous awards to commercial breaks this year—less glamorous, perhaps, but in essential areas like film editing and cinematography. Actor Seth Rogen summed up the logic of this decision neatly by tweeting, “What better way to celebrate achievements in film than to not publicly honor the people whose job it is to literally film things.”

Then again, why pay any attention to awards that are decided with logic and reasoning like those exposed by the New York Times’ recent anonymous chat with 20 Oscar voters? Any illusions that actual merit and excellence drives Oscar honors were shattered by admissions like these… Continue reading