Elon Musk Is Not A Nice Guy, And A Legal Ethics Controversy Proves It

The legal ethics world is all in a fluster over a recent controversy involving Elon Musk, the world’s richest man. This means that readers at Ethics Alarms should be flustering too.

This is the story: An SEC  attorney had interviewed  Musk during the agency’s investigation of the Tesla CEO’s 2018 tweet claiming to have secured funding to potentially take the electric-vehicle maker private. The claim proved to be false, resulting in a settlement that required Musk to resign and also to pay 20 million dollars in fines. In 2019, Musk’s personal lawyer called the managing partner at Cooley, LLP, and demanded that the firm fire the SEC lawyer, who had left the agency to become as associate at the large firm that handles Tesla’s business. The targeted lawyer had no connection to Tesla’s legal work at the firm; the sole reason for the demand was revenge. Musk wanted him to lose his job because he was angry about their interaction at the SEC. Continue reading

From The “I Don’t Understand This At All” Files

Slap

Kevin Clinesmith, a former senior FBI lawyer who was sentenced to 12 months probation last January after pleading guilty to a felony in connection with the falsified information used to acquire the FISA warrant used to surveil marginal Trump campaign figure Carter Paige in relation to the Trump-Russia investigation, was restored as a member in “good standing” by the District of Columbia Bar Association’s discipline committee.

Maybe there is a a good reason for this, but it seems very strange.

The Bar did not seek Clinesmith’s disbarment which lawyers convicted of felonies involving the justice system typically face. He has not even finished serving out his probation as a convicted felon. After the negative publicity about the apparently rigged FISA process (the objective was to “get Trum”), the bar temporarily suspended Clinesmith pending a review and hearing. In September, Clinesmith’s suspension was ended with time served and his status to “active member in good standing.”

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A Brain-Blowing Ethics Quiz To Enliven Sunday: Joseph Gordon’s Parole

Joseph Gordon

In the midst of a flurry of wrongfully convicted black men finally given their freedom comes the perplexing saga of 78-year old Joseph Gorden, locked up in New York’s Fishkill Correctional Facility since 1993 for a murder he says he didn’t commit. But that, as they say, isn’t the half of it.

Last March, Gordon was denied his fifth application since since 2017, when he had served the minimum term of his sentence of 25 years to life in prison. The reason he is still incarcerated is simple: he refuses to express remorse for the 1991 murder of a white Westchester County doctor, because Gordon insists that he is innocent. Usually a parole board will not waive the remorse requirement, which—and this is not the ethics quiz!– presents a classic ethical conflict for defense lawyers.

A lawyer cannot advise a client to lie. That is a bright-line professional ethics edict of long-standing. A lawyer is also required to defend a client’s rights and fight for his or her interests as zealously as possible. Would you, as a lawyer, convinced of your client Joseph Gordon’s innocence, advise him to express remorse to the parole board, which would require a false acceptance of the jury’s verdict? Many lawyers have done exactly this, and would argue that they did the right thing. Their bar associations and courts would almost certainly disagree.

I digress, however; sorry. That problem has always fascinated me. My favorite version is when the lawyer knows the convicted client is not guilty because another one of his clients has confessed to the murder, a confidence that the lawyer cannot ethically reveal.

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The Complete, Updated Ethics Companion To “Miracle On 34th Street”!

Introduction

The holiday season traditionally kicks off with Macy’s Thanksgiving Day Parade, and so does this iconic holiday movie. As with most holiday movies, but perhaps more than most, the entire concept of digging into the ethics of the plot of “Miracle on 34th Street”  can be criticized as beside the point. Indeed, this ethics analysis of a classic Chritsmas movie received more flack than the previous two (“White Christmas” and “It’s a Wonderful Life” ) combined. The movie, at least the 1947 original, is a classic; I don’t dispute it. It works dramatically and emotionally, it makes people feel good, and it has held up over time. That’s all a Christmas movie is supposed to do, and if it does it without really making sense or avoiding ethics potholes along the way, so what?

I sympathize with this view. However, our ethical standards and ethics alarms are affected by what we see, hear, like and respond to. If popular holiday movies inject bad ethics habits and rationalizations into our character, especially at a young age, that is something we should at least be aware of by the tenth or eleventh time we watch one of them.

One ethical aspect of “Miracle on 34th Street” that must be flagged at the outset is competence. The film is so effortlessly engrossing and convincing that it is easy to forget how easily it could have failed miserably. Actually, it is also easy to remind oneself: just watch any of the attempts to remake the film. There have been four of these, starring, as Kris Kringle, Thomas Mitchell, Ed Wynn, Sebastian Cabot, and Richard Attenborough. That’s a distinguished crew, to be sure. Mitchell was one of the greatest character actors in Hollywood history. Wynn was nominated for an Academy Award (for “The Diary of Ann Frank”) and Attenborough won one, Best Supporting Actor Award in 1967 for “The Sand Pebbles.” Cabot wasn’t quite in their class, but he was a solid pro, and looked more like Santa Clause than Mitchell,  Wynn, or Richard Attenborough.

None of them, however, were as convincing as Edmund Gwenn. He made many movies—all without a white beard— and had a distinguished career in films and on stage, but even audience members who knew his work had a hard time reminding themselves that he wasn’t Kris Kringle while they watched the movie. I still have a hard time.

The rest of the cast is almost as perfect.  The film is one more example of the special, unappreciated talent of Maureen O’Hara, who never seemed like a movie star, as lovely and strong an on-screen presence as she was. Her ability to anchor great movies while never dominating them is the epitome of the “collaborative art” they always blather about during the Oscars, but which is seldom truly honored. There were Katherine Hepburn movies and Bette Davis movies; there are Meryl Streep movies. Nobody ever talked about Maureen O’Hara movies, just great movies that had Maureen O’Hara essential to making them great. O’Hara was the female lead in four genuine classics: “The Hunchback of Notre Dame,” “The Quite Man,” “How Green Was My Valley,” and “Miracle on 34th Street.” She never won any Academy Awards, nor is she ever named when the greatest Hollywood actresses are named, but how many actresses delivered four classics—not classic performances, but classic films?  Hepburn ties Maureen with four: The Philadelphia Story,” “Bringing Up Baby,” “Adams’s Rib” and “The African Queen.”  Streep maaay be credited with one, if you count “Sophie’s Choice”; personally, I wouldn’t.

“Miracle on 34th Street” is an ethics movie in part because its artists committed to telling a magical story and charming audiences by working as an ensemble selflessly and  efficiently. John Payne, as the idealistic lawyer in love with Maureen, is never flashy, just completely convincing. One reason may be that, as he told an interviewer once, the role of Fred Gaily perfectly matched his own ideals and beliefs. Payne never made another memorable movie in his long career; he was the classic bland, B movie leading man. He made Glenn Ford seem exciting. But he was the perfect choice for this story.  Similarly, there have been more impressive child actresses than young Natalie Wood—Margaret O’Brien, to name one; Dakota Fanning, to name another—but none who was better at simultaneously nailing her scenes while never taking a viewer out of the film by making him think, “Wow, she’s so precocious! I wonder if she’s a midget?”

This is the magic of performing talent: they make audiences suspend disbelief because they seem to believe in the story and characters too. The director,  George Seaton (who also directed “Airport”), not only wrote the script (that won him an Oscar, and deservedly so)  and cast his movie brilliantly, he also made the correct decision to stick with a matter-of-fact, realistic, unadorned style that keeps the story grounded. There are none of the features and gaffes in this film that make other holiday-themed movies inherently unbelievable, like the cheesy battlefield sets in “White Christmas” or the heavenly dialogues in “It’s a Wonderful Life.”

This is why the awful colorized version that Ted Turner inflicted on the world—this was one of the first movies to be subjected to Ted’s “improvement”—was such a disaster. The colored version looks fake, because it is. The original black and white version is set in a mundane, grey world like Doris’s—Maureen’s–view of life itself: no excitement, no romance, no fantasy, just cold, unadorned reality. No heaven, no magic, ghosts, nobody breaking into song and sounding like Bing Crosby. There’s no child’s point of view, like in “A Christmas Story.” No, all of us live in the world we are shown in “Miracle on 34th Street.” We would love the magic to be real, but we don’t believe in it any more.

We want it to be, though—and that’s why this movie works.

Chapter 1.

Meet Kris Kringle

The movie tells us right at the start that 1) the charming old man in the white beard can’t possibly be Santa Claus, and 2) that he’s nuts. That is, he tells adults who are paying attention this as soon as he starts complaining to a New York City storekeeper that his window display has the reindeer mixed up: “You’ve got Cupid where Blitzen should be. And Dasher should be on my right-hand side. And another thing…Donner’s antlers have got four points instead of three!”

Let’s see:

  • No Christmas display has ever distinguished between Santa’s reindeer (except for Rudolph), because the individual reindeer have never had any identifying characteristics in reality or myth. Are we to assume that there are name-tags on the models? If so, why wouldn’t Kris be complaining about the features of all of them, not just “Donner’s” antlers?
  • The names of the reindeer, even if there are flying reindeer, were 100% the invention of the poem “A Visit from St. Nicholas,” or “The Night Before Christmas,” originally published in 1823.  No one has ever claimed that the author had some kind of special info on the actual names of the reindeer when he wrote,

    More rapid than eagles his coursers they came,
    And he whistled, and shouted, and called them by name;

    “Now, DASHER! now, DANCER! now, PRANCER and VIXEN!
    On, COMET! on CUPID! on, DUNDER and BLIXEN!

    …and anyway, if he did, those were their names 120 years before the movie takes place. Nobody has ever claimed the reindeer were immortal, either. I suppose Santa Claus, in a nod to the poem’s popularity (it has been called the most famous poem of all time), could have adopted the practice of always having the reindeer named after the poem’s versions, and when one Vixen dropped of old age, the young reindeer that took her place became the new Vixen.

I suppose.

  • A bigger problem is that the movie’s alleged “St. Nicholas” calls the seventh reindeer “Donner.” It gets confusing here. The original St. Nicholas was Greek, the Christian bishop of Myra, now Demre, in Lycia.  Nicholas gave gifts to the poor, in particular presenting three impoverished daughters of a pious Christian with dowries so that they would not have to become prostitutes.  THAT would be neat poem! Saint Nicholas is buried in Italy. He was later claimed as a patron saint of children (also archers, sailors,  pawnbrokers, and the cities of Amsterdam and Moscow). The name “Santa Claus” is derived from the Netherlands version of St. Nick called Sinterklaas,  or “the Christmas man,” de Kerstman in Dutch. This explains “Dunder and Blixen,” meaning thunder and lightning in Dutch, and the movie later confirms Kris’s Dutch origins. (But why does he speak in a British accent?)

Never mind that: why would he call Dunder “Donner”? The “real” Santa wouldn’t. Though the original version of the poem got the names right (we know it’s Blixen and not “Blitzen” because it rhymes with Vixen), various editors, transcribers and  the author himself kept changing the names in subsequent printings. Dunder became “Donder” and eventually “Donner,” which is a meaningless Anglicizing of “Dunder.”

Santa Clause, aka Sinterklaas,wouldn’t be confused: he named the beasts. He’s correcting the shop-keeper while passing along a misnomer?

Baloney.

Well, enough of that. The next scene shows Kris encountering the Macy’s Thanksgiving Day Parade Santa pre-parade. He instructs him in the use of his whip on the reindeer! In the German Santa mythology, the jolly old elf used the whip on naughty children, but nowadays, using a whip on either kids or reindeer is pretty much excised from Santa’s methods, and should have been in 1947. It’s an unethical image…

…even though artists have worked hard to confuse us….

No, an ethical Santa Claus wouldn’t use a whip. He also wouldn’t put a poor old guy with a drinking problem out of work during the holidays, but that’s what Kris does next. He smells liquor on the costumed Santa, and shows no mercy:

“Don’t you realize there are thousands of children… lining the streets waiting to see you… children who have been dreaming of this moment for weeks? You’re a disgrace to the tradition of Christmas… and I refuse to have you malign me in this fashion. Disgusting!”

Then he tracks down Doris Walker, who is in charge of the parade, and gets the man fired. That’s just mean; there’s no way around it. I bet a lot of Macy Santas have had a few nips before and during the parade, and so what? How hard is it to say “Ho Ho Ho”?

Kris manages to get Drunk Santa’s job, having single-handedly gotten him sacked, no pun intended.

Why is Kris, if he’s the real Santa Claus, hanging around New York City and moonlighting in the Macy’s parade when the big night is just around the corner? This is no time for a vacation or boondoggles. If he’s really Santa, he’s goofing off, and he has the gall to tell a temporary parade Santa that he’s risking disappointing children!

Kris is not off to a good start. Continue reading

An Important Clarification Regarding The Rittenhouse Trial

Closing Rittenhouse

In yesterday’s post, And The Trayvon Martin-George Zimmerman/ George Floyd/ Kyle Rittenhouse Ethics Train Wreck Rolls On….., I wrote in reference to the certifiably terrible closing arguments by both sides in the Rittenhouse trial,

“It looks to me as if Judge Schroeder has stacked the deck: he allowed enough improper summation conduct from the State to ensure a reversal if Rittenhouse is convicted, and also allowed sufficient cheats by the defense to make an acquittal more likely.”

That statement is still accurate as far as it goes, but a friend, colleague and experienced trial lawyer just called to remind me that improper statements or actions in summary arguments in civil and criminal cases that would otherwise justify a mistrial are considered waived if opposing counsel doesn’t make a timely objection.

The judge can (and should) also intervene if an attorney crosses the ethical and legal lines in closing, but my friend emphasizes that most judges won’t, preferring to leave that task to the lawyers. Attorneys, meanwhile, are very reluctant to interrupt an opponent’s closing argument to object. If they do and are over-ruled, they lose credibility with the jury. Mid-closing interruptions are also seen as Golden Rule breaches, though that should not matter: the lawyer’s duty to the client surpasses any obligations to opponents.

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And The Trayvon Martin-George Zimmerman/ George Floyd/ Kyle Rittenhouse Ethics Train Wreck Rolls On…..

Prosecutor-square

In the tricky practice of ethics train wreck taxonomy, placing the Rittenhouse trial in the proper category is a challenge. Is the Tale of the Gun-toting Teen its own media bias and activist -fueled social and legal disaster, or is it just an extension of another?

I lean toward assigning this fiasco to the latter category, making it just one more extension of the Trayvon Martin-George Zimmerman Ethics Train Wreck, which eventually begat the George Floyd Freakout, which in turn led to the contrived outrage over the police shooting of Jacob Blake that spat out Rittenhouse’s unhelpful improvisation. After all, Martin, Floyd and Blake all were episodes that had nothing to do with race but that were hyped into divisive racial controversies and trials by irresponsible demagogues, protesters, politicians and reporters.

What I especially like about attributing all of this societal wreckage into a single ethics train wreck is that it demonstrates just how disastrous President Obama’s inflammatory comments equating Martin to “his son” were—as Ethics Alarms pointed out at the time. Maybe if the blame is squarely placed at the metaphorical fish head, Presidents will stop shooting off their mouths like that. (President Biden, do recall, falsely called Rittenhouse a white supremacist.)

This is all prelude to pointing out what a projectile vomit debacle yesterday’s closing arguments were. Both the prosecution and the defense stomped all over proper criminal trial practice and professional ethics.

For the prosecution…

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Why I’m Skipping My College Class Reunion…

Harvard strike

I already noted here that I would not attend my 50th College reunion next year because my alma mater has repeatedly embarrassed me, causing me to (literally) turn my diploma to the wall. I wrote an explanation for my boycott for my class’s reunion book, which will be published in 2022. Some of you asked that I post what I wrote. Here it is…

***

This is a depressing report to write. My family was always besotted with Harvard. We lived in Arlington, Mass., a short bus ride from Harvard Square. My father, Jack A. Marshall, Sr. (the Greater) graduated from the College after WWII on the GI Bill. He met my mother on campus, waving to the young Greek beauty looking at him from her office window in Mass Hall, where she was a secretary. My sister, Edith Marshall ’74 and I both attended the College after my mother returned to work there, eventually becoming the Asst. Dean of Housing.Despite all Harvard has meant to me and my family over the decades, and despite all of the special friends I long to see again, I won’t be attending the class reunion.

The university has repeatedly embarrassed and angered me over the last decade (and before), causing me to turn my diploma face to the wall. The school has become a hyper-partisan, ideologically extreme institutional shill, less devoted to educating its students and upholding its role model status than to following progressive cant regardless of the consequences or the core values trashed in the process.

I’m a professional ethicist these days, having finally abandoned the other half of my career as a stage director (The American Century Theater, 1995-2015, RIP). Most of my work is in legal ethics as a trainer and consultant. Thus I was horrified when, in 2019, Harvard’s Dean of the College announced the firing of Prof. Ronald Sullivan as Winthrop House faculty dean because he was defending Harvey Weinstein against his New York prosecution. The Winthrop House students ignorantly declared Sullivan insufficiently virtuous, but instead of using the episode to teach them (and others) what lawyers are ethically required to do, the dean joined the sit-in protest calling for his removal. To be clear about how wrong this was, by firing Sullivan, Harvard was endorsing and engaging in liberal fascism and directly opposing core democratic values.

Lawyers don’t endorse the acts, beliefs or opinions of the clients they represent. From the Massachusetts Bar’s ethics rules (I taught the Rules section of the introductory and mandatory course for new bar admittees)…

“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.”

This is a crucial principle. Fair trials and our criminal justice system depend on it; it is embodied in the Sixth Amendment of the Bill of Rights. But Harvard students found the principle insufficiently “woke,” and the college agreed. The fact that Harvard undergrads haven’t learned the importance of guaranteeing all citizens legal representation, and the fact that Harvard hasn’t taught it, apparently because its own leadership doesn’t agree with the principle itself, indicates that Harvard has devolved into more of a left-wing indoctrination machine than a liberal arts college.

That was the proverbial last straw, but there was much more before and since. Harvard’s announcement that it would defend its policy of discriminating against Asian-American college applicants in exactly the same fashion that it discriminated against Jews well into the 1960s was unconscionable. Before that, the College announced that it would punish students for belonging to single gender off-campus clubs, a decision that was the students’ choice to make and that concerned the school not at all. Harvard joined other venal institutions with lesser resources to refuse tuition refunds to students robbed of in-person teaching and the campus experience during the pandemic lockdown—odd, since I distinctly recall being told in orientation that it was the contact with other students, midnight bull sessions and extra-curricular activities (like my beloved Gilbert and Sullivan Players) that provided the real value in attending Harvard (and they were).

There are many more such betrayals on my list, but describing them all would be as tedious for you as it is upsetting for me.

Dad died in his sleep in 2009, exactly the way he wanted to go. I found him in his favorite chair. It was my birthday, and I will always suspect that my father thought of his timing as a good joke. It was a gift, really: he had just started to show his age (at 89), and he was determined not to ever burden Mom or his family. My mother never recovered from losing the love of her life, and died almost a year to the day of my father’s magnificent funeral at Arlington National Cemetery, with all the honors due to a Silver Star recipient. They are both resting there now, not far from my Alexandria home where I live with my wonderful wife Grace and, in a downstairs apartment, my 26-year-old son Grant, who does what he knew he wanted to do from childhood: he’s an auto mechanic and tech. I, in contrast, never could decide what to do with my life.

To Dave, Skip, Nels, Dick, Dennis, Mike, Howie, Greg (Thanks again), Ollie, and so many others, I have missed you, and wish I could come to Cambridge.

I just can’t do it.

Communication Ethics: The American Bar Association’s Impossible Formal Ethics Opinion 500

difficult-client-yelling-at-lawyer

The duty of communication is both a fiduciary duty and, for lawyers, a professional one. American Bar Association Model Rule 1.4, one rule that every jurisdiction has adopted nearly verbatim, holds that

(a) A lawyer shall:

(1) promptly inform the client of any decision or circumstance with respect to which the client’s informed consent, as defined in Rule 1.0(e), is required by these Rules;

(2) reasonably consult with the client about the means by which the client’s objectives are to be accomplished;

(3) keep the client reasonably informed about the status of the matter;

(4) promptly comply with reasonable requests for information; and

(5) consult with the client about any relevant limitation on the lawyer’s conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.

(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

The last part is, much of the time, a fictional standard. I have been hammering at this in my recent ethics seminars, much to attendees alarm: clients often, perhaps even most of the time, don’t comprehend what’s going on on many levels.

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A Baseball Ethics Meets Legal Ethics Spectacular!

John_Henry_Wigmore_cph.3b34499

You can imagine how happy this ethics mash-up makes me.

In legal ethics, a perpetual controversy involved what a law yer should do when another lawyer inadvertently sends him or her confidential information intended for the adversary lawyer’s client, and the information is a smoking gun that could win the receiving lawyer’s case. In the old days, when this involved some clerk in a law firm sending a load of documents to the opposition by mistake, the rule was simple. It was called “the Wigmore Rule,” after the famous law professor, John Henry Wigmore (above) who coined the phrase, “You snooze, you lose.”

In brief, the convention was that if a lawyer was careless enough to let this happen, he or she was at fault, and the lawyer getting the confidential documents could use them to benefit his or her client. The advent of faxes, and later the internet, and after that metadata, however, through what was largely settled law and ethics into a tangle that has yet to be settled. Technology made such errors much more common and also easier to make, and the American Bar Association’s opinions on the matter bounced back and forth like ping-pong balls, first saying that a Golden Rule approach should apply, with lawyers sending the material back to the technologically-challenged lawyer without looking it over, then concluding that lawyers should know how to use essential technology (back to the Wigmore Rule!), until the newest technological developments made them sympathetic again to lawyers who don’t get confidential metadata out of their emails. Last I checked, the state bars still don’t agree, but many are drifting back to the Wigmore Rule once again…as they should.

Now, you might well ask, how does this relate to baseball ethics?

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Friday Ethics Wars, 9/17/21: More Harvard Craziness, Woolly Mammoth Ethics, And The Importance Of Hiring A Competent Hitman

Death Star2

1. Fair Harvard, you continue to be an embarrassment. This is a candidate to make it into my “why I’m boycotting my reunion” note for the Class book: Giang Nguyen, executive director of Harvard University Health Services, sent a campus-wide memo telling students to follow these rules while eating and socializing in the dining halls. (I learned more eating in the dining halls and in late night snack sessions than I did in my classes):

“Eating and drinking together are a cornerstone of human social interaction, but there are ways to interact that minimize the time spent unmasked and in close proximity,” Nguyen wrote.

Among his requests to students:

  • Follow the “Quick Sip Rule” when drinking. Lower your mask, take a sip, and then promptly cover your mouth and nose. A straw can make this more efficient.
  • Do not linger with your mask down. If you wish to slowly savor a hot beverage, do it away from others.
  • Consume and cover! Consume your meal and immediately mask up when done.
  • Conversation, checking your phone, and other activities should be masked, even when you are in a designated indoor dining area.
  • If you are taking your time between bites (for conversation, for example), put your mask back on.
  • Dine in small parties of 2-to-4 people.
  • Avoid table-hopping.
  • Consider dining consistently with the same small group of people rather than a different group at every meal of the day.
  • Keep your close contacts to a minimum.
  • Limit each interaction to under 15 minutes.
  • Plan events that don’t involve eating, drinking, or removal of masks

My advice to the author of such a “request” were I a student today: “Bite me. Then put your mask on.” Harvard has a 94 percent vaccination rate among its students. As of this week, its test positivity rate is 0.18 percent.

2. Fake Woolly Mammoth ethics. This article managed to go on at great length about how a new company is planning to “de-extinctify” Wooly Mammoths and start new herds in Siberia as if it all made perfect sense. They’ve fooled private investors into giving them $15 million for the project: this is a scam, whether they know it or not. As far as the Times piece goes, it rates an ethics foul for never once mentioning “Jurassic Park.” Come to think of it, the article should have mentioned “The Producers.” Jerry A. Coyne, Ph.D, and Emeritus Professor in the Department of Ecology and Evolution at the University of Chicago, explains just how absurd the project is:

“What they are doing is making a genetically modified Asian elephant by inserting into its genome a maximum of sixty mammoth genes that they think differentiate the modern species from the extinct one: genes that involve hairiness, cold tolerance, amount of fat, and so on. What they’d get would be a genetic chimera, an almost entirely Asian elephant but one that is hairier, chunkier, and more tolerant of cold. That is NOT a woolly mammoth, nor would it behave like a woolly mammoth, for they’re not inserting behavior genes…Further, a lot of other genes differ between a mammoth and an Asian elephant. What guarantee is there that the inserted mammoth genes would be expressed correctly, or even work at all in concert with the Asian elephant developmental system? But it gets worse. Since you can’t implant a transgenic embryo into an elephant mom (we don’t know how to do that, and we would get just one or two chances), [the group] has this bright idea…’make an artificial mammoth uterus lined with uterine tissue grown from stem cells.’

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