I Break My Own Rule And Publish A Social Media Meme…

Here it is:

The Ethics Incompleteness Principle holds that ethics rules don’t always work in anomalous situations. An Ethics Alarms rule is that internet memes are simple-minded agitprop, lazy ways for the uninformed and the critical thought-challenged to circulate pre-digested talking points and partisan distortions. I hate them.

But I was actually beginning work on a flow chart of the constantly changing arguments against the confirmation of Brett Kavanaugh, and this magically appeared. (Pointer: Instapundit)

It’s perfect, fair, and true.

Bravo.

Look! An Ethics Dunce Mob: 2,400+ Law Professors

My mind may be mush, but I can get 2400 colleagues to agree with me anyway!”

In the New York Times: The Senate Should Not Confirm Kavanaugh

One of the most disillusioning aspects of the epic 2016 Post Election Ethics Train Wreck, the worst and most damaging of them all, has been the serial disgrace of one profession after another as they abused their public trust, ethics codes, core values, and expertise. Psychiatrists, physicians, lawyers, journalists, academics, educators, judges, elected officials, pundits, journalists, law enforcement officials and more: so many have sided with partisan mobs when the nature and mission of what makes them valuable society demand that the professionals  remain neutral and objective. Law professors have been particularly fond of disgracing themselves since President Trump’s election, and almost all of them are Democrats,  so seeing over 2400 of them sign a statement that can stand as a warning to all against taking pronouncements from this particular group of  legal academics seriously is hardly a shock.  It’s still discouraging.

What is unethical, as well as dumb, about this stunt, for stunt it is? Let us count the ways.

1. It is grandstanding and virtue signaling designed to mislead the public, and seed further division, if that’s possible. Every one of these professors can have their own individual opinion about the Kavanaugh nomination, but it is no better, or more influential, nor should it be, than yours or mine. They seek to increase their influence by amassing thousands of personal and biased opinions into a single loud one masquerading as a professional opinion, which it is not.

2. The number 2400 is inherently misleading. This isn’t close to a majority of the law professors in the country. It’s not close to a majority of the Democrats and progressives in the profession. Most of the public, however, doesn’t have continuing relationships at law schools, haven’t worked for them, haven’t graduated from one, or taught at one, like, say, me. The petition is designed to deceive. There are more than 20,000 law professors in US Law schools. Now we know at least 10% appear to be unfit to teach law.

3. The letter is completely irrelevant. Nobody in the Senate cares what a group of liberal law professors want. No Senator is going to read this opinion and say, “Oh, no! I guess I better vote against Kavanaugh: a boatload of professors I’ve never heard of think I should!” Continue reading

Morning Ethics Warm-Up, 10/4/18: On Baseball, Mocking Ford, Apologies, and “Tax Schemes”

Good Morning!

[BOY its been hard keeping up on ethics blogging between air travel, a balky laptop, seminars, the new firm and, most of all, ushering the Red Sox to a World Championship. Yesterday was classic: I had multiple posts composed in my head, and literally was never able to find time to work on them. I’m sorry. I’ll figure it out…]

1 Baseball ethics: The exciting Cubs-Rockies Wild Card elimination game was set up by the Colorado 12-0 win over the Washington Nationals on the final day of the season. Thus the Rockies ended the season in a tie with the Dodgers on top of the NL West, requiring one of the two tie-breaking games on Monday. These were ratings bonanzas for baseball and the networks showing them, leading to conspiracy theories regarding that last Rockies victory.  Max Scherzer, arguably the best pitcher in the league, was supposed to start the game fr Washington, and if he had, its safe to say that the Rockies would not have won 12-0, if at all. Reportedly he wanted to start the game, but the Nationals decided late to start the immortal Eric Fedde. Were they trying to give the game to the Rockies? Did orders come down from MLB to tank?

The theory makes no sense, because the suits and networks are always rooting for the big media centers and their teams to make it to the World Series. The Dodgers, Red Sox, Yankees and Cubs mean big ratings, and the Rockies posed a threat to the Dodgers and ended up eliminating the Cubs. Nonetheless, a team like the Nats, out of the race, running out the string, should have the professional integrity to go all out to win when a game is important to its opponent.

2. I’m not going to demand an apology, but they still owe me an apology. The Hill is reporting that…

Congressional investigators have confirmed that a top FBI official met with Democratic Party lawyers to talk about allegations of Donald Trump-Russia collusion weeks before the 2016 election, and before the bureau secured a search warrant targeting Trump’s campaign.

Former FBI general counsel James Baker met during the 2016 season with at least one attorney from Perkins Coie, the Democratic National Committee’s private law firm.

That’s the firm used by the DNC and Hillary Clinton’s campaign to secretly pay research firm Fusion GPS and Christopher Steele, a former British intelligence operative, to compile a dossier of uncorroborated raw intelligence alleging Trump and Moscow were colluding to hijack the presidential election.

The dossier, though mostly unverified, was then used by the FBI as the main evidence seeking a Foreign Intelligence Surveillance Act (FISA) warrant targeting the Trump campaign in the final days of the campaign.

This is not exactly surprising, but it ticks me off for personal reasons. Several left-leaning commenters here who I respected and gave a lot of attention, abandoned Ethics Alarms in high dudgeon because I continued to question the growing evidence that the entire Russian collusion investigation was rigged, partisan, illegal, and an effort to bring down an elected President using a corrupt and politicized FBI and Justice Department. Here was one exit speech, and from a friend:

“But I can’t allow my own tiny voice to be associated with this nonsense any longer. Being the “left” voice is one thing; being way out on the fringe is quite another, and I don’t think it’s me that has moved. I see far too many shades in our times now of McCarthyism (not Gene), George Wallace-ism, and autocracy. I’m deeply concerned about the continued health and well-being of our democratic institutions. I suspect Rod Rosenstein will soon have no recourse but to resign, and I’m doing something similar. I don’t want to be party to this hysterical of a dialogue (in my humble opinion).”

Continue reading

And The ACLU Takes A First Class Seat On The Brett Kavanaugh Ethics Train Wreck. Of Course It Has. (The ABA Stayed In Coach)

The American Civil Liberty Union has decided to make an “exception” to its supposedly unshakable policy of being non-partisan and non-political—Oh,  the pop-up fundraising appeal the group is currently showing on its website says to contribute to “stop Trump’s attack on civil liberties.” Then it vanishes, with the permanent text on the site staying abstract and without any overtly partisan slant.  Nice. And dishonest!—and announced its opposition to Kavanaugh’s confirmation.

This should not have surprised anyone, because the ACLU has become a sham organization, claiming to be non-partisan and apolitical while every day making it increasingly obvious that it, like so many organizations that take that pose (including virtually all of the mainstream news media), it is a fully committed ally of the Democratic Party. Nonetheless, there is always hope that at crucial moments in the nation’s history, organizations will find their soul, their guys and their principles before they seep away.

For this we need look no farther than The American Bar Association, another “non-partisan” group that habitually endorses Democratic Party agenda items that should not concern it at all. Its membership is overwhelmingly Democratic, and being that this entire section of the political spectrum is in the process of being ethically corrupted, many members, including members of its governing body, were prepared to turn on Brett Kanavaugh, a judge the organization had rated as very qualified for the Supreme Court, and recommend his rejection as a consequence of unsubstantiated, last minute allegations of sexual misconduct by an accuser dredging up dim memories from more than three decades ago. As a lesser tactic, many were in favor of bolstering the Democratic Party’s disingenuous call for an open ended FBI investigation, not because it is likely to clarify anything, but because it will accomplishe the Party’s stated objective since before Dr. Ford was persuaded, or pushed, to play the part of Anita Hill in this adaptation of “The Clarence Thomas Hearings.” They want to delay until after the November elections.

Thus it was that Robert Carlson, the latest Democratic Party contributor to lead the organization, wrote this letter on ABA letterhead, falsely stating that he was speaking for the ABA itself:

“The American Bar Association urges the United States Senate Judiciary Committee (and, as appropriate, the full Senate) to conduct a confirmation vote on Judge Kavanaugh’s nomination to the Supreme Court of the United States only after an appropriate background check into the allegations made by Professor Ford and others is completed by the Federal Bureau of Investigation.”

Rather than allow him to hijack its process and integrity, the ABA sent this letter to the Judiciary Committee, clarifying that Carlson was speaking for himself only:

Of course, if it were really a non-partisan, non-ideological organization, the ABA would be in the process of removing Carlson from office. In every organization, falsely using one’s post to imply organizational support of a personal view is a firing offense. Instead, the ABA took the face-saving measure of posting Carlson’s misleading letter (lawyers are prohibited from engaging in misleading conduct) under a link saying, “ABA President Calls For…” THAT’S deceit (lawyers are prohibited from engaging in deceit). Most readers will not notice the material distinction between the President of the ABA’s position and the official ABA position, and that’s just the way the association wants it.

Well, it’s not exactly integrity, but it’s a lot closer than what the ACLU has become. Continue reading

Morning Ethics Warm-Up, 9/21/18: “Ho Ho Hey Hey!”

Good morning!

1.  Oh! You’re bigots and fools, then! Got it. I was watching a mob of—I don’t know, feminists? The “resistance”? chanting yesterday at the Senate: “I believe Anita Hill! I believe Blasey Ford!” I believe that the only reasonable translation of this particular chant—all chants make protesters sound dumb, some chants more than others; at least this one doesn’t start with “Ho ho, hey hey!”—is “I believe whatever story supports my political agenda, and I believe people according to what they are, rather than based on any objective criteria!”

I guess it’s not sufficiently catchy.

2. In case you aren’t nauseous enough...Former NFL quarterback Colin Kaepernick will be one of the eight honorees of Harvard University for their contributions to black history and culture, the university announced yesterday.

Kaepernick, distinguished for his incoherent on field protest  during the national anthem, instantly setting off the NFL’s version of  #MeToo, as in “I want make my own pointless, annoying protest that I can’t adequately explain!,” thus costing the NFL fans and billions of dollars, will receive the W.E.B. Du Bois Medal from Harvard’s  Hutchins Center for African and African American Research. The deliberately divisive honor to Kaepernick, who favors socks with cartoons of pigs in police uniforms, is apparently the work of Henry Louis Gates Jr., director of the Hutchins Center and Barack Obama pal. You may remember Professor Gates as the race-baiting catalyst for Obama’s “beer summit,” after Gates impugned the character of a Cambridge police officer. No personal agendas here!

The award supposedly honors individuals who “Emerging from a variety of backgrounds and professions…represent the quest for knowledge, freedom of expression, and pursuit of truth that are foundational to black history and culture, and that were foundational to Du Bois as a thinker and activist.”

Yup, that sure sounds like Colin Kaepernick!

3. Ed Whelan, call your ethicist! Ed Whelan, an attorney and president of the conservative Ethics and Public Policy Center, upped the craziness quotient in the Kavanaugh confirmation process and took a First Class seat on the Brett Kavanaugh Nomination Ethics Train Wreck by announcing that Ford’s accusation from three decades ago was based on mistaken identity, and that another student, whom Whelan named and thoroughly doxxed, along with publishing his yearbook photo, was the real alleged assailant.

Well, you can’t just accuse a random private citizen of sexual assault, or even alleged, unsubstantiated sexual assault while a drunken high schooler. I know Ed went to Harvard College and Harvard Law School, but even then, he’s no idiot. I have to believe that this isn’t just an unfounded accusation, because  Ed knows that he’s asking for a lawsuit if it is. He wrote:

“By one week from today, I expect that Judge Kavanaugh will have been clearly vindicated on this matter. Specifically, I expect that compelling evidence will show his categorical denial to be truthful. There will be no cloud over him.”

Whelan has to deliver on a statement like that, or have his own reputation permanently scarred. The only explanation I can come up with is that Kavanaugh’s  twin has already agreed to admit to being at the infamous party and having some kind of episode involving Ford. Of course, there will be no reason to believe him, either.

Still, I may go to the Senate and chant, “I believe Brett Kavanaugh, I believe his secret twin!”

Just for fun. Continue reading

Ethics Dunce State: California (Who Else?)

We don’t need further evidence that the Golden State has jumped the ethics shark, has general contempt for the Bill of Rights and is in thrall to Alinskyite “ends justify the means” rationalizations, but here it is anyway. California state lawyers tried to defend in federal court an old law, California Penal Code §26820, which read:

No handgun or imitation handgun, or placard advertising the sale or other transfer thereof, shall be displayed in any part of the premises where it can readily be seen from the outside.

Now, don’t ask me how a law like lasted as long as it has; the thing is 95 years old. But it’s embarrassingly unconstitutional. That’s prior restraint by definition. If a first year law student, or a well-educated college student (if thee are such things), reads that law, the First amendment alarms have to start ringing. Why wouldn’t California just repeal such a law, quietly, so as not t embarrass the state? Why wouldn’t California, like a state with some integrity that supports  core U.S. values, just concede to the Court that the law is a dud, and not oppose the claim that it is illegal? I think we have to assume that is because the culture of this particular state has rotted through. It doesn’t support core U.S. values like the freedom of speech, which might be the most vital of them all. Continue reading

LATE Comment Of The Day: “Ethics Dunce: MSNBC’s Rachel Maddow”

http://www.youtube.com/watch?v=i874dlVV61s

My inexcusable failure to previously post this Comment of the Day by Curmie, originally offered nearly two months ago, is especially bad because of the rapidity with which the news media concocts, hypes, or otherwise featured new tangential assaults on President Trump every day. I had forgotten about this one: the White House posted an incorrect version of the Helsinki press conference transcript. Boy, that seems like a hundred scandals, real, manufactured, and imagined, ago!Allow me to refresh your memory and mine:

MSNBC hostess Rachel Maddow, along with many of her fellow journalist members of “the resistance,” pounced on the mistake, accusing the White House of intentionally editing the transcript. Then, after the Washington Post explained  that the omission was not the fault of the White House, Maddow, who is often cited as a trustworthy left-wing journalist simply because she is so much less flagrant than her MSNBC colleagues, denied that her reporting was incorrect, saying,

“This is one possible explanation for why the White House transcript & video from Helsinki doesn’t include Putin saying he wanted Trump to win. But Putin really did say that in Helsinki…..and the White House transcript & video still does leave it out. WaPo now says it has updated its own transcript. Will the White House? After more than a week of reporting on the bad transcript (see link below)…

(1): White House has let it stand uncorrected, and

(2): POTUS now asserts that Putin wants *Dems* to win, not him.

I love WaPo with the heat of 1000 suns, but nothing here from WaPo disproves our report.”

 Washington Post reporter Philip Bump, quickly pointed out Maddow’s dishonesty, writing,

“Your report asserts that the video was edited and implies that the incomplete transcript was posted intentionally. There’s no evidence for the first point and my piece provides context to suggest that the second was unintentional.”

With that background, here is Curmie’s much delayed Comment of the Day on the post, Ethics Dunce: MSNBC’s Rachel Maddow. He also gets extra points for the baseball reference at the end…

Apparently I’m one of the few lefties who comment here even occasionally these days. I trust I will not become an “exile.”

This story becomes an intriguing example of the partisan fragmentation of the country that has been happening for about a generation. Some people will believe everything Rachel Maddow (or Sean Hannity, or…) says; some will believe nothing. Too few will parse the content.

Maddow’s allegation that someone intentionally edited the tape/transcript is unsupported by facts, and her smug reassertion of a discredited argument is, to say the least, problematic.

But I’ve written on my blog about two variations on what I call the Christine Vole effect, named for the character in the Agatha Christie short story/play and subsequently Billy Wilder movie who intentionally allows her absolutely truthful testimony describing her husband’s guilt to seem instead to be the vengeance of a jealous wife. The jury was influenced by the implosion of her testimony, which was, by the way, unnecessary to the prosecution’s case; they acquit.

The variation, as we saw often in the likes of James O’Keefe, and here with Maddow, is the unintentional corollary: by making an extreme statement, the speaker undermines the rest of an otherwise persuasive argument. Continue reading

Rationalization Pop Quiz: What Do Barry Bonds And Elizabeth Warren Have In Common?

I wonder how many strategy sessions it took for the supporters and enablers of Senator Elizabeth Warren (D-Mass) to come up with their latest defense of her ongoing lie that she is part Cherokee? We know it’s a lie now—a deliberate misrepresentation designed to deceive—because the Bay State crypto-socialist has refused the obvious resolution of taking a DNA ancestry test….again. You know she’s taken at least one, and maybe more. Being able to wave scientific proof that she had Native  American ancestors after all the “Fauxahontas” jibes would be a political bonanza for Warren, and solve her most daunting public relations problem outside of my home state, the Land of Michael Curley, where corruption, lies and letting young women drown don’t put a dent in your popularity or vote totals, for some reason. Sure, Warren took the test. She probably took another one just in case it was wrong….and she still doesn’t have the integrity or courage to admit her lie.

And that, now and forever, is why her Cherokee fantasy matters. It shows that Warren lies, and lacks integrity. It shows that she was willing to use a falsehood to gain traction in university employment competitions where gender, race and minority status often made all the difference….even if it meant that a real minority candidate failed because of her subterfuge.

Yet those strategy sessions yielded this defense on Warren’s behalf: according to an investigation by the Boston Globe, Warren’s fake Cherokee claim wasn’t a factor in her hiring by Harvard Law School:

The Globe examined hundreds of documents, many of them never before available, and reached out to all 52 of the law professors who are still living and were eligible to be in that Pound Hall room at Harvard Law School. Some are Warren’s allies. Others are not. Thirty-one agreed to talk to the Globe — including the law professor who was, at the time, in charge of recruiting minority faculty. Most said they were unaware of her claims to Native American heritage and all but one of the 31 said those claims were not discussed as part of her hire. One professor told the Globe he is unsure whether her heritage came up, but is certain that, if it did, it had no bearing on his vote on Warren’s appointment.

Perhaps the editors and journalists at the Globe never heard of moral luck, but I bet at least some of those law professors comprehend the concept. Whether or not Warren’s deliberate lie and misrepresentation of her ancestry actually was a factor in her hiring at Harvard was pure chance, and occurred after Warren had embraced a false identity. Once she did that, the consequences were out of her control. Her lie doesn’t become less unethical because it didn’t have any effect after the fact of it. A lot of people have trouble grasping this basic ethical concept, but it isn’t that hard. A person who drops a bowling ball from a bridge onto an express way is just as irresponsible and reckless if the ball misses every thing as he would be if the ball caused a ten car pile-up and the death of ten. He’s just as bad either way, and the rest is all luck. The same is true of Warren’s affirmative action-courting lie. Continue reading

Ethics Quote Of The Month: Barbara Harris (1935-2018)

“Everyone gets acting mixed up with the desire to be famous, but some of us really just stumbled into the fame part, while we were really just interested in the process of acting.”

—Actress Barbara Harris, who died last month at the age of 83.  The statement was quoted in he New York Times obituary from an interview she gave in 2002.

If you didn’t know Barbara Harris had died—indeed, if you didn’t know who Barbara Harris was—it is a measure of her integrity that she would have been pleased. I knew Harris’s work well (though I found out she had died just recently), but only because I have long been dedicated to show business history. Indeed, she was one of my favorite actresses who was a welcome accent to any movie she deigned to appear in, striking, but not beautiful, versatile, but not flashy, funny when the role required it, powerful when the challenge was dramatic or tragic, always a bit off-center, always surprising, never predictable.

She was an off-center ethics hero too, by rejecting the malady not only of her era but of her chosen profession as well. Barbara Harris rejected celebrity as a career goal or a life value, sneered at fame, and believed that it was what you accomplished in life that mattered, not how well-known or admired you became by accomplishing it. Harris often chose her projects according to how obscure she thought they would be, and actively avoided recognition. What a marvelous obsession! In her case, it was also an ironic one, because the most quirky and unpromising projects often became viable because she elevated them.

Her entire career was proof of the wisdom of Harry Truman’s great observation, “It is amazing what you can accomplish if you do not care who gets the credit.” Harris did not care about the credit, but she accomplished a great deal. As a young teenaged actress who loved the process of improvisation, she was a founding member of the Second City improvisational theater in 1959, planting the seeds that gave our culture too many comic geniuses to count, along with Saturday Night Live and everything it spawned as well. Harris was the very first performer to appear on stage for Second City, in fact.  From there it was stardom on Broadway, often with her more famous Second City pals Alan Alda and Alan Arkin. She starred in a the musical  “On a Clear Day You Can See Forever” (Harris could sing, too); “Oh Dad Poor Dad Mama’s Hung You In The Closet And I’m Feeling So Sad”; and “The Apple Tree” (and won a Tony Award in 1967). Her movies included a classic Harris turn in A Thousand Clowns (1965), Who Is Harry Kellerman and Why Is He Saying Those Terrible Things About Me? (which got her an Oscar nomination in 1971), Nashville (1975),the first Freaky Friday (1976) opposite Jody Foster, Hitchcock’s last film, Family Plot (1976), the cool, clever nostalgic spoof  Movie Movie (1978) that I bet you have never seen, a seering performance as the betrayed wife of a Senator in The Seduction of Joe Tynan (1979), and her final film, Grosse Pointe Blank  in 1997. Then she retired from performing to teach acting.

During Harris’s career, she did none of the things actors typically do to keep their name before the public—no talk shows, few guest appearances on TV, no celebrity cameos on “Murder She Wrote” or “The Love Boat.” Somehow she instinctively understood that it wasn’t popularity or fame that defined her worth, or any human bieng’s worth, and refused to allow our society’s corrupting elebrity obsession of  warp her values or dictate her needs.

For me, Barbara Harris’s defining moment occurs at the end of the perfect movie for her, Robert Altman’s rambling, improvisational film “Nashville,” which is, among other things, about the sick obsession with fame and fortune that Barbara Harris rejected. Harris has few lines, and plays a runaway middle-aged wife who is determined to be a Country Western star. Her efforts are desperate, pathetic, and darkly comic, but at the film’s climax, when a famous singer is shot at a political rally for a renegade Presidential candidate, she grabs the suddenly open microphone of the fallen star she envies, and begins to sing in the chaos.

Let’s watch it now, and remember a woman and an artist of unshakable integrity and dedication to her art, and only her art.

John McCain (1936-2018) And Ethics

Senator John McCain died last night, just a day after the announcement that he had suspended treatment for the brain cancer diagnosed last summer. His passing is an event that must be noted on an ethics blog, even though the Senator was nearly as prominent in his ethical missteps as he was in his moments of principle and heroism.

I think the fairest way to assess the career of John McCain is that he tried to do the right thing, and like most essentially good human beings, was sometimes misled and confused by emotion, bias, self-interest and careless ethical analysis. Senator McCain was an adherent of the common belief that if you know you are essentially good, your gut will guide you through ethical challenges. That belief is erroneous, unfortunately—ethics is harder than that—and sometimes steered McCain tragically wrong. Nonetheless, I have little doubt that if all elected officials had the approach to ethics that John McCain did and possessed the values that guided him, our politics would be cleaner and more trustworthy, and our nation and our culture would be better. Not perfect, for McCain was not perfect. But definitely better.

The reason this is true is that McCain refused to be locked into ideologies and partisan cant. When he thought his party or its leadership was wrong, he was unusually willing to say so, and to act on his words. This garnered him the over-used label of “maverick,” which trivialized a personal ethical code: Don’t do what everyone else—your friends, allies and followers–is telling you to do just because it’s the easier choice. If there was ever someone who rejected the #1 Rationalization, “Everybody does it,” and all of its variations, it was John McCain. That alone made him more ethical than the vast majority of his fellow citizens, and especially his fellow politicians.

I wish I could designate McCain an Ethics Hero Emeritus, but I can’t. He was certainly a hero in wartime, as a prisoner of war who endured great suffering without succumbing to the temptation to ease his own pain by inflicting more on his comrades in arms. His ethical compass failed, however, in many high-profile situations and events.

He blundered into the Keating Five scandal. He convinced himself that betraying the principles of the First Amendment was necessary to limit corruption in political campaigns, an embrace of “the ends justify the means” that despite being foiled by the U.S. Supreme Court, has undermined public support and understanding of the Bill of Rights. Seeking the GOP Presidential nomination in 2000, McCain refused to condemn South Carolina’s official use of the Confederate flag during the state’s crucial primary, then, after he lost, pandered to the left and moderates by announcing that he had been wrong—a sickening example of flip-flopping for a public figure whose trademark was integrity. (The episode marked the end of my illusions about John McCain.) He behaved similarly when his re-election campaigns in Arizona looked daunting, rejecting his own compromise proposals on illegal immigration and taking the same hard-line that his conservative opponents had taken against him. This was pure political expediency, hardly unusual in a politician, but disqualifying for membership in the Ethics Alarms Hall of Heroes. Continue reading