Comment Of The Day: Morning Ethics Warm-Up, 3/13/18: Bad Quotes, Faithless Speakers [#5, Tillerson’s Firing]

Here is Rich in CT’s terse Comment of the Day on  Item #5 of Morning Ethics Warm-Up, 3/13/18: Bad Quotes, Faithless Speakers, and I’ll have some reactions at the end:

Nancy Pelosi Statement on Appointing Rex Tillerson (2.13.16)

“Choosing an oil executive friendly with Vladimir Putin as Secretary of State sends a disturbing signal about President-elect Trump’s priorities. Rex Tillerson’s cozy relationship with the Kremlin is especially alarming in light of his attitude toward sanctions over Russia’s aggressive behavior in Europe, while at the same time the President-elect continues to side with Russia over the judgment of the U.S. intelligence community.

https://www.democraticleader.gov/newsroom/121316/

Nancy Pelosi Statement on Dismissing Rex Tillerson (3.13.18 )

“Secretary Tillerson’s firing sets a profoundly disturbing precedent in which standing up for our allies against Russian aggression is grounds for a humiliating dismissal. President Trump’s actions show that every official in his Administration is at the mercy of his personal whims and his worship of Putin.”

https://www.democraticleader.gov/newsroom/31318/

Res ipsa loquitur. Continue reading

Morning Ethics Warm-Up, 3/14/2018: The “Blotto From A Sleepless Night Fuming About Nobody Stopping That Puppy From Being Stuffed In The United Overhead Luggage Bin” Edition

Good Morning, United!

Where’s that whimpering sound coming from?

Grrrrrrr.

1 Don’t make America stupid, ABC. The new ABC legal drama “For The People” premiered last night, and lost me forever. I can’t trust the writers. In the final moments of the episode, a veteran female defense lawyer was consoling a young lawyer who was upset after losing a case. The older lawyer evoked the memory of a 1951 rookie for the New York Giants, who went hitless in his first Major League games and was devastated. But his manager put him in the line-up again, and he hit a home run in his first at bat, and never stopped hitting.

“Ah,” said the young lawyer, “Willie Mays. The greatest player who ever lived.” The older lawyer nodded sagely.

By no measure was Willie Mays the greatest baseball player. Is this racial politics by series creator Shonda Rhimes? I assume so: there is no other plausible explanation. The odds of two randomly selected baseball fans asserting that Mays was the greatest baseball player would only be more than miniscule if anyone who knows baseball believed that. Willie was the greatest centerfielder of all time, the greatest African-American player of all time, quite possibly the most charismatic and entertaining player to watch of all time, and very possibly the second most gifted baseball player of all time. But he wasn’t the greatest. The best player by every measure, statistical, modern analytics, WAR, JAWS, OPS, contemporary reports and common sense was, of course, Babe Ruth. He was the greatest hitter who ever lived, a great pitcher before that, and no athlete in any sport ever dominated it like Babe did in the Twenties.

Now, any individual can hold an eccentric opinion that Willie was better. But that was not how the assertion was presented. It was presented as an accepted fact that two random baseball fans agreed upon. This is irresponsible misrepresentation. I was trying to think of an equivalent: I think it’s like a TV show having someone quote the Declaration of Independence, and a listener then  say, “Thomas Jefferson. Our greatest President!” as the other individual nods sagely.

2. Four Regans, or, if you prefer, Linda Blair Heads.This is the new Ethics Alarms graphic for unethical media spin. The number of Regans can range from one to four, with four Regans signifying “spinning so furiously her head might fall off.” (If you don’t get the reference, you are seriously deficient in cultural literacy.) The four Regans go to the polar news media spinning yesterday’s special election in Pittsburgh, Pennsylvania, where Democrat Conor Lamb appears to have narrowly won a seat in a Republican stronghold, though the race is still too close to call. Continue reading

Tales Of The King’s Pass: The Rainmakers

Are you also an asshole? Because if you’re enough of a rainmaker, you can be as big an asshole as you want!!!!

Wow. You don’t get much more cynical than this.

Here’ s Karen Kaplowitz, the founder of The New Ellis Group, and a business development strategist and coach for over 20 years, essentially denying the existence of ethics and integrity in law firms as a business necessity.  In a piece on the ABA Journal titled Abuse of power within law firms: The rainmaker dilemma, she begins,

Despite their obvious economic value to their organizations, Bill O’Reilly, Matt Lauer and Harvey Weinstein were quickly sacked. Law firms by contrast have often tolerated bad actors who are major rainmakers. Can law firms tolerate abusive rainmakers in the current business climate? Do firms need to be more aggressive about confronting abuses of power?

Can they tolerate abusive rainmakers, in this or any other business climate? Sure they can. Should they? Absolutely not. “Do firms need to be more aggressive about confronting abuses of power?” What? Does this question have to be asked?

Kaplowitz goes on..
Continue reading

Afternoon Ethics Cool-Down, 2/28/18: Honors, Bribes, Blackmail, And “Ugh!”

Good Afternoon.

Actually, that’s dishonest: it’s been a terrible day, morn to now.. A catalogue retailer took an email address my wife sent them a year ago and  bombarded her account with hundreds of promotional messages yesterday, crashing her email. Then her efforts to fix the problem resulted in a Proethics system email crash that I have been trying to address for the past five hours. I finally decided to get something productive done, so I’m getting up this post while talking to my tech people. UPDATE: They just gave up.

1 Trump Tweets. Ugh. The President criticizing his own Cabinet member, in this case Jeff Sessions, in public via tweet, is horrific leadership and management practice. If I were Sessions, I would resign, It is disrespectful, disloyal, undermines morale on the President’s team, and is just plain stupid. I don’t understand how Trump had any success at all treating employees and subordinates like this. While we’re on this perpetual subject. the fact that the President would say out loud that he would have rushed the Parkland shooter without a weapon is just more evidence of a) a flat learning curve b) the lack of the usual filters from brain to mouth and c) the unethical tendency of third parties to critique the actions of others in rescue situations. No question: the resource officer who was required by policy, assignment and duty to try to intervene in the shooting deserves all the criticism he has been getting, and is accountable. But the President of the United States announcing that he is Batman is something else entirely.

My objections to the non-stop personal ridicule of our elected leader stands, but he also has a duty, as the steward of the Office, not to make himself look ridiculous.

2. An unethical boycott tactic, but I repeat myself.  The anti-gun zealots have decided to attack a free and constitutionally protected Bill of Rights advocacy group as part of the news media-assisted effort to demonize the NRA as being somehow responsible for a school shooting that none of the proposed “common sense gun reforms” would have prevented. Now the Second Amendment-gutting crowd  is using the boycott, a particularly odious weapon favored by progressives, which depends on the venality and spinelessness of corporate executives to constrict free speech. Delta Airlines announced it was ending a promotional discount with the National Rifle Association after threats and a social media campaign, then tried the weaselly explanation that its decision to stop offering discounted fares to the N.R.A. “reflects the airline’s neutral status in the current national debate over gun control amid recent school shootings.”
Continue reading

Morning Ethics Warm-Up, 2/26/18: Spin! Hypocrisy! Heresy! Demagoguery! Idiocy! And Weren’t Those Sex Slaves Cheering For North Korea Adorable?

Good Morning!

Of course it’s a good morning…the 2018 Winter Olympics ended last night!

1 The Schiff Memo. The Democrat’s alleged rebuttal to the Devon Nunes memo regarding how Carter Page came to be the object of secret surveillance that extended into the Trump campaign should have been the big story of the weekend, along with the fact that government systems repeatedly failed to protect the students in Parkland from an unbalanced young man who had been repeatedly identified as a risk for exactly the kind of mad act he ultimately engaged in. But the left-biased news media downplayed it after trying to spin it, because the hyped memo did not rebut the key allegations in the previous Republican House document. The FISA court was not informed that the Russian dossier was created and funded by the Democratic National Committee and the Clinton campaign. The dubious dossier  was a key component of the evidence that led a secret court to remove the Constitutional rights of a citizen, while interfering with a Presidential campaign.

Amusingly, the Schiff memo spins that the Obama Justice Department application was “transparent,” and then describes transparency as a FISA warrant application that said that Christopher Steele, referred to as “Source #1,” was “approached by” Fusion GPS founder Glenn Simpson, referred to as “an identified U.S. person,” who

indicated to Source #1 that a U.S.-based law firm had hired the identified U.S. Person to conduct research regarding Candidate #1’s [i.e., Trump’s] ties to Russia. (The identified U.S. Person and Source #1 have a longstanding business relationship.) The identified U.S. Person hired Source #1 to conduct this research. The identified U.S. Person never advised Source #1 as to the motivation behind the research into Candidate #1’s ties to Russia. The FBI speculates that the identified U.S. Person was likely looking for information that could be used to discredit Candidate #1’s campaign.

Andrew McCarthy, in the National Review, concludes that the Schiff memo does the Democratic narrative more harm than good. I agree: it looks like a desperate spin attempt to me, so desperate that the news media abandoned the story as quickly as it could.

2. Segue Alert! And speaking of transparency…From the Boston Herald: Continue reading

Afternoon Ethics Warm-Up, 2/17/18: Mueller And A Movie

Good afternoon..

1 Well, we have some exit poll results…on my integrity and denial question in the Mueller indictment post I started at 4 am, hence the late Warm-up. Based on the comments so far, I am going to be disappointed: the “Trump is guilty of something” crowd is, so far, arguing that an indictment statement including  “There is no allegation in the indictment that any American was a knowing participant in the alleged unlawful activity. There is no allegation in the indictment that the charged conduct altered the outcome of the 2016 election” means that the President’s election was illegitimate and that he is guilty of wrongdoing. We also have such jaw-dropping moments as a commenter praising the Mueller investigation for not leaking the indictments beforehand—wow. Leaks are unethical, and when a grand jury is involved, illegal. The leaking from the Mueller investigation and the Justice Department have been a national disgrace, and we are now at the point when government lawyers not breaking the law is deemed worthy of praise in some quarters.

Of course, we don’t know what was leaked. Since leaking grand jury testimony is so serious and always sparks its own investigation, I wouldn’t bet against reporters having been tipped off, but using the advance notice to prepare their “Trump’s still guilty!” responses.

A better example could not be found of how the the news media and the intentionally divisive partisan rhetoric of the past decade have caused a fracture in the ability of Americans to perceive facts unfiltered by confirmation bias. I find this disheartening. But exit polls are not always accurate…

2. An unexpected take on the indictments. Eccentric conservative blogger Da Tech Guy  had some interesting observations:

“Section 1 and section 24 notes that it’s against US law for “certain foreign nationals” to enter the US without a visa providing truthful and accurate information to the government. Apparently these laws don’t apply to dreamers and those who brought them…section 41 talks about identity theft including social security numbers; again, this could be a charge against the DACA kids…Section 85 completes the list, the illegality here is that they pretended to be Americans and didn’t register as foreign agents while doing activities that if done by Americans would be completely legal…Does that mean that DACA folks and illegals who have held political rallies will be indicted next?…Section 89-95 on count 2 and section 96 again notes identity theft and moving money via such theft., boy this could be an indictment of the illegal alien DACA crowd if they wanted. But they don’t.”

3. Ethics movie review! I watched Denzel Washington’s “Roman J. Israel, Esq.” twice last week, in part because it is a legal ethics movie, and in part because Washington’s portrayal of an idealistic autism-spectrum civil rights attorney whose ethics alarms get corrupted is so unusual for him. I’ll basically pay to watch Denzel play canasta. Continue reading

Morning Ethics Warm-Up, 2/13/18: You Can’t Get Much More Ethics Issues Variety Than This!

Good Morning!

[Mickey is really playing that piano. Boy he was amazing…]

1 A Russian Jumbo!  And it worked! In Russia, Irina Kudinova was charged with mocking the Church after she  posted a photograph that prosecutors alleged was obscene and thus constituted the “deliberate desecration of a religious object” and “insulting the feelings of believers.”   Gee, I can’t imagine why anyone would think THAT..Here’s the photo:

The judge ruled that it was merely a photo of an Easter cake and nothing more. Elephant? What elephant? Or maybe “What elephant phallus?” would be more accurate. Kudinova was awarded 20,000 rubles in a court action for false accusations.

Few cases better illustrate the principle that in Bizarro World attempts at ethical acts become unethical. The problem is that Russia has laws that discourage free speech. In order to undermine an unethical law, the judge in this case made a ruling that is obviously contrary to reality, and what anyone can see with their own eyes. If judges can ignore evidence and deny reality to protect citizens from an unjust law, then they can do the same to unjustly punish citizens who break no laws at all.

I’m happy for Kudinova, but the Russian judge is a well-intentioned ethics dunce. His solution does as much damage as good.

2. “Thanks, Mom and Dad…and bite me.” The parents of GOP Senate candidate Kevin Nicholson each gave $2,700, the maximum allowed, to the primary campaign of the Democrat their son is challenging, Senator Tammy Baldwin. Continue reading

Rewarding Violence And Vigilante Justice: The Unethical Glorification of Randall Margraves

That’s Margraves on the left, with Nassar, his target, cowering in red…

During the sentencing hearing for sexual predator Larry Nasser in an Eaton County, Michigan courtroom, Randall Margraves, the father of three daughters who were all molested by the former USA Women’s Gymnastics doctor, shouted “You son of a bitch!” and rushed Nassar.  He was tackled and placed in handcuffs. Before the attack, Margraves asked Judge Janice Cunningham to grant him “five minutes in a locked room with this demon. Yes or no.”  Perhaps he thought she was Ingham County Court Judge Rosemarie Aquilina, who might have granted his request based on her words at his previous sentencing hearing. Cunningham, however, refused the request.

After the father’s attempt to take the law into his own hands, Michigan Assistant Attorney General Angela Povilaitis told the stunned courtroom, “We cannot behave like this. This is letting him have his power over us….You cannot do this. I understand Mr. Margraves’ frustration, but you cannot do this. Use your words, use your experiences. Do not use physical violence.” Judge Cunningham added,

“We cannot react by using physical violence and assault against someone who has performed criminal acts. What Mr. Nassar did is horrible. It’s unthinkable, but please let the criminal justice system do what it is supposed to do and issue the punishment he should get.”

Nonetheless, no charges were filed against Margraves. Wrong.  This is irresponsible and hypocritical, as well as cowardly. (We know any punishment will be unpopular with the “Think of the children!” and the “What if it was your daughters?” crowds as well as the “Punch Nazis in the face”  constituency) If the message really is that a society can’t give in to vigilante justice and let citizens employ physical violence as extra-legal means to exact vengeance against criminals, then those who behave this way must be punished.  If they are not, then the opposite message is sent: “Well, when someone is really bad, and hurts someone you really care about, we sympathize. We understand how you feel.” What if Margraves had reached Nassar and delivered a punch to his face, fracturing his jaw? Or ripped his lips off? That he didn’t was just moral luck. Would the father have been charged then, as millions around the nation shut down their ethics alarms and cheered?

For the justice system to remains coherent and maintain integrity, the father had to be charged. Continue reading

Ethics Quiz, Super Bowl Edition: Justin Timberlake’s Integrity [UPDATED]

Justin Timberlake, who will headline the Super Bowl LII halftime show while I’m not watching, was asked at a news conference this week whether he would support his son Silas if he wanted to play in the NFL. said Thursday that he will not allow his 2-year-old son play football. Timberlake responded : “Uh, he will never play football. No, no.”

Let us assume, for the sake of the quiz, that the reason Timberlake will veto football for his son is that he does not want his offspring ending up with the IQ of his fellow Mickey Mouse Club cast member and one-time girlfriend, Britney Spears. So why, if the singer does not approve of what playing NFL football does to brains, is he participating in the biggest showcase of the most dangerous major professional sport?

Your Ethics Alarms Super Bowl Ethics Quiz is…

Is Timberlake a hypocrite to accept payment to promote the Super Bowl and participate in pro football’s biggest event, while stating that he would not permit his son to play football?

My answer: sure he is. This isn’t like the cases we have discussed in past posts where American performers have accepted huge amounts of cash to perform for dictators abroad. Those have been private events, and a performer does not endorse his audience. Timberlake, however, is actively participating in the promotion of football and the NFL, to to the nation, and particularly to children. The Super Bowl has always been equal measures of sport and hype, and the half-time shows are hype. If he believes football is dangerous, which it is, he should not accept a fee to make the sport attractive to kids, or help the NFL attract impressionable young viewers.

[Update and Correction: readers Arthur in Maine alerted Ethics Alarms that star performers in the Super Bowl halftime show are typically not paid, but do the show for publicity. This doesn’t change my answer at all.]

Morning Ethics Warm-Up, 2/3/18: On The Nunes Memo, The Times Flunks (Another) Integrity Check.

Cold Morning! I mean, Good Morning!

Anne Frank would still read The New York Times, I guess…

(Anne Frank belongs in the Ethics Alarms Heroes Hall of Honor. I will fix that with a post this month–she probably dies in February, 1945. Don’t let me forget.)

1 “But you know what I sometimes think? I think the world may be going through a phase… It’ll pass. – I still believe, in spite of everything, that people are really good at heart.” Or maybe not. I gathered up all my idealism and hope, and thought that maybe, just maybe, after the ugly and destructive lynch mob it has constituted for over a year to try to destroy the elected President, the mainstream news media, faced with incontrovertible evidence of frightening lawlessness and an attack on democracy by the previous administration in the midst of a Presidential campaign, would finally show some integrity and do its duty.

Then I read today’s New York Times.

The headline: GOP MEMO LEADS TO FRESH JOUSTING ON RUSSIA INQUIRY.

Unbelievable. That’s the news? That there is “fresh jousting”? The memo, as I accurately explained in the previous post, shows that the Obama administration’s Justice Department knowingly used opposition research, funded by Obama’s party and its Presidential candidate, that has substantially been discredited  by the FBI, the same agency that represented it to the court, as evidence justifying a FISA warrant against an American citizen and a member of the opposing party’s Presidential campaign and the Republican Presidential campaign itself.

I don’t see any mention of the Russian collusion investigation in that sentence, but that sentence still suggests a serious scandal involving abuse of civil rights and tampering with the election by law enforcement and a partisan Justice Department. If the so-called “newspaper of record” was objective and trustworthy, some version of that sentence would have been its headline, not an intentionally misleading headline stating that the “news” just is more political “jousting.”

Think about it: the Times is using a less interesting and provocative headline that the one that is justified by the facts. The only reason it would do this is misdirection born of a political agenda. No, Hanlon’s Razon does not apply here. This is not incompetence. This is malice.

2. “It’s really a wonder that I haven’t dropped all my ideals, because they seem so absurd and impossible to carry out. ” Then there the Times editorials. Two days ago, the Times editors wrote this:

“In a demonstration of unbridled self-interest and bottomless bad faith, the Trump White House and its Republican minions in Congress are on the cusp of releasing a “memo” that purports to document the biggest political scandal since Watergate. To pull it off, they are undermining the credibility of the law enforcement community that Republicans once defended so ardently, on the noble-sounding claim that the American public must know the truth.”

Again, unbelievable and yet too believable. Let’s parse this one:

“In a demonstration of unbridled self-interest and bottomless bad faith,”

The Times thinks it is bad faith to inform the American public of undeniable misconduct by the FBI and the Justice Department regarding civil rights and the Presidential election. Sure.

“…the Trump White House and its Republican minions in Congress are on the cusp of releasing a ‘memo'”

An ad hominem attack (“minions”), a partisan bias-based innuendo of dishonesty ( “purports to document”) and a dishonest use of scare quotes around “memo,” as if this wasn’t a memo. It is a memo.

“…the biggest political scandal since Watergate.”

A straw man trick, exploding an assertion into its most extreme form to knock it down. The facts are the facts, and how they are characterized by some is irrelevant to what the facts show. it may not be  “the biggest political scandal since Watergate” when a Democratic administration uses opposition research its party paid to have done to defeat a Republican Presidential candidate  to get court authorization to spy on that campaign during the campaign. You have to admit, though, that at least sounds a little like Watergate—Presidential campaign, administration interfering with the opposition campaign, dirt tricks, misuse of government power—no? Even a little bit like Watergate is bad enough, when government and law enforcement interference with Presidential campaigns is the issue.

“To pull it off, they are undermining the credibility of the law enforcement community that Republicans once defended so ardently, on the noble-sounding claim that the American public must know the truth.”

Pull what off? That’s another bit of rhetorical dishonesty implying wrongdoing by transparency, when  transparency is not wrongdoing unless it is illegal (Wikileaks, James Snowden). Then we have the cynical tack I just wrote about:

“The argument against the memo and the issues it raises, that the public revelations demoralizes our intelligence community and undermines the public’s support and trust is the same invalid logic being used to condemn criticism of the biased news media. If these institutions are not trustworthy and acting against the interests they are pledged to protect, then the public must know. If the conduct of the intelligence community shows that it isn’t trustworthy, there is nothing wrong, and everything right, about exposing it.”

How does the fact that the Republicans once defended the law enforcement community “ardently” change the appropriateness and necessity of  revealing wrongdoing they were not previously aware of? Finally, did I really read the New York Times editors mocking the proposition (“noble-sounding”) that “the American public must know the truth”?

What a disgraceful, shocking, self-indicting paragraph. Continue reading