Sunday Ethics Warm-Up, 1/26/2020: A Legal Ethics Lesson From Ted Cruz, A Ridiculous Apology From Dallas Keuchel, Res Ipsa Loquitur From George Stephanopoulos, And The AUC’s Character Con

I need a little blood-stirring today, and my father’s favorite hymn always does the trick…

You know, character is my business, and my record is visible, public extensive and undeniable regarding the position that leaders, and especially U.S. Presidents, should have exemplary character—not just average character, but outstanding. It is exceedingly dangerous to our culture in the short and long term to have a leader whose ethical values are obviously lacking. I say obviously, because leadership is substantially symbolic as well as substantive: a President who has a seriously flawed character does minimal harm if he 1) knows how the govern and lead and 2) is skilled at playing a leader of exemplary character, despite sociopathic tendencies, or worse.

However, as importunate as character is, the evident lack of it is not justification for impeachment or removing a President between elections. The false, opposite claim is essentially the basis of the entire three year coup attempt by the Axis of Unethical Conduct (Democrats, the “resistance” and the news media). That is why so much of the “case for impeachment” are really ad hominem attacks on the President’s presumed motives, personality and alleged beliefs, none of which are remotely relevant to impeachment. It is the duty of educated experts not driven by bias, as well as the news media (which is now incapable of doing it’s job, which is informing rather than confusing the public) to explain that impeaching a President for having an objectionable character (according to his critics) is an incompetent, illegal and destructive act. Yet this—he’s a liar, he’s a racist, he’s an idiot, he’s a sexist, he’s corrupt, etc., etc, and so on-–is the guarantee default retort when anyone correctly points out to the Trump-Deranged that the Democrats and the resistance have no evidence of impeachable offenses at all. This is also why the polling shows so many people want the impeachment to succeed; not because they have a clue about the limitations on the the act of impeachment, but because they interpret the question as, “Don’t you wish we had a President who wasn’t such an asshole?”

Maureen Dowd, the Times whatsit columnists who is half political commentator and half-Joan Rivers, thoroughly disgraced herself yesterday by writing,

“You don’t realize how important character is in the highest office in the land until you don’t have it,” Schiff said. But the more impressive the Democrats’ case is, the more depressing the reality becomes. They want to convince themselves that character matters. But many Americans knew they were voting for a thug. They wanted a thug who would bust up Washington, and they got one.

The Democrats are relying on facts, but the Republicans are relying on Fox.

No, Maureen (are you a dolt or a brazen liar?), the Democrats are relying on facts that have nothing to do with impeachment. Character matters (although during the entire two terms of Bill Clinton  the Democrats argued it didn’t), but it doesn’t matter in an impeachment trial. Acts matter in an impeachment trial. The Constitution matters. Precedent matters. Our institutions matter.

It is the mark of how incompetent and irresponsible the President’s critics are than the impeachment debate is being argued at this base level of civic and ethics ignorance.

1. Nah, there’s no mainstream media bias… Continue reading

Was Mike Fiers Right To Blow The Whistle On The Astros’ Sign-Stealing Scheme? Pedro Martinez Has A Nuanced Ethics Answer

Martinez (L) and Fiers (R)

Last week I posted about ESPN baseball color commentator Jessica Mendoza earning her Ethics Dunce stripes for essentially calling Mike Fiers, the Oakland A’s pitcher who revealed to reporters that his former team, the 2017 Astros, had cheated their way to a  World Series title, a snitch. She said in part,

“When I first heard about it, it hits you like any teammate would. It’s something that you don’t do. I totally get telling your future teammates, helping them win, letting people know. But to go public with it and call them out and start all of this, it’s hard to swallow.”

Now Hall of Fame great Pedro Martinez , intrepid as ever, has weighed in with a verdict on Fiers that counters the accepted narrative that Fiers is a role model. Pedro also faults Fiers, but not for the reason Mendoza does. Pedro Martinez, fascinatingly enough, evaluates the problem by regarding a baseball team member as having similar relationship to his team mates as a lawyer does to a client.

That is not as much of a stretch as it might seem at first glance. Professions like that of lawyers is based on trust, and so is the relationship between team mates in sports (as well as partners in police cars, members of  military units, a manager and a personal assistant, and other close working relationships). The analogy is useful and apt.

Pedro opined (in an interview with radio WEEI in Boston, which broadcasts Red Sox games):

“If he was to do it when he was playing for the Houston Astros I would say Mike Fiers has guts. But to go and do it after you leave the Houston Astros because they don’t have you anymore, that doesn’t show me anything…You’re just a bad teammate. …

Now everybody knows you are going to have a whistle-blower in any other situation too [if Fiers is on your team.]. Whatever happens in the clubhouse stays in the clubhouse and Fiers broke the rules. I agree with cleaning up the game. I agree that the fact that the Commissioner is taking a hard hand on this….

BUT!

“If you have integrity you find ways to tell everybody in the clubhouse, ‘Hey, we might get in trouble for this. I don’t want to be part of this.’ You call your GM. You tell him. Or you call anybody you can or MLB or someone and say, ‘I don’t want to be part of this.’ Or you tell the team, ‘Get me out of here, I don’t want to be part of this.’ Then you show me something. But if you leave Houston and most likely you didn’t agree with Houston when you left and then you go and drop the entire team under the bus I don’t trust you. I won’t trust you because did have that rule.”

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Saturday Ethics Warm-Up, 1/11/2020: Epstein And Facebook And Barr, Oh My!

It’s Thaturday!

Time, once again, to salute the courage of Karen Carpenter’s much less talented brother Richard, who nonetheless had the courage to offer, as his only notable solo offering for the Carpenters, a song that highlighted his speech impediment. Why did he do this? We’ll never know.

And yes, I have “The Wizard of Oz” on the brain. It was so much better when that wonderful movie was only on TV once  a year: then it was special. Now, especially over the holidays (and what it has to do with Christmas, I don’t know) I had to repeatedly change channels to avoid it. Well, after Judy sang “Over the Rainbow, anyway…

1. Is it really so unreasonable and a “right wing conspiracy theory” to wonder about how Jeffrey Epstein, who could have implicated such powerful people as Bill Clinton and Prince Andrew in criminal activities, ended up dead in his cell?

The latest forehead-slapping development: The video  made outside of Jeffrey Epstein’s Manhattan jail cell when during his failed suicide attempt seemed to be missing, and even possibly destroyed. The jailhouse video turned up, however, muting suspicions about whether Epstein’s successful  suicide at the Metropolitan Correctional Center wasn’t something more sinister.  Prosecutors confirmed that the video had been saved. This week, however,  prosecutors revealed that the jail staff  had preserved video from the wrong jail cell, and the Epstein footage no longer existed.

Meanwhile, two guards who were on duty when  Epstein killed himself are being charged with falsifying records and conspiracy. The guards surfed the internet and dozed instead of checking on the prisoner every half-hour, as they were required to do.

Conspiracy or not, this is epic incompetence, and rather convenient incompetence at that. Hanlon’s Razor, however, applies. I guess.

My only other observation is that government efficiency and job performance is obviously so reliable that I don’t know why Bernie Sanders isn’t running away with the Democratic nomination race. Of course we should put government employees in charge of our lives. It’s a no-brainer. Continue reading

The Last Ethics Warm-Up of 2019…And I Finally Figured Out How To Get Ethics Alarms Links On Facebook

Ethical New Year!

1. Boy, am I slow. You can link to an Ethics Alarms article by using the Twitter link that every post has. This link works on Facebook, where EA has been banned with no explanation: I just tested it. So an interested reader clicks on that link, and is taken to a tweet that contains the Ethics Alarms link.

From now on, all posts will include the Twitter link to the post at the end.

2. Don Imus. The infamous “I-man,” Don Imus, died last week. He was one more example of the inherently unfair standard that shadows “shock jocks,” who are paid to be improvisational, outrageous, irreverent, and brave, but if they make one miscalculation and go too far (and what “too far” is changes quickly), their careers can end overnight. So it was that Imus and his on-air acolytes made demeaning and racially inflammatory comments mocking a college women’s basketball team, and Imus never recovered. That was even before social media mobs had reached their current strength. Imus was on AM radio and simulcast on TV; no shock jocks dare to do his act under such conditions now.  They wouldn’t last a week. From his Times obituary: Continue reading

Ethics Round-Up, 12/18/2019: The Day Before An Invasive Procedure Edition [UPDATED]

Yuck.

Even the satisfaction of knowing that the President reads Ethics Alarms, or at least thinks like I do…wait, that came out wrong. Anyway, today I expect to be uncomfortable, hungry and distracted, so who knows what might appear here today?

You were warned.

1. The Ethics Quote of the Day comes from ex-Marine and TV talk show host Montel Williams (who was very nice to me when I was on his show), on the “scandal” of some cadets flashing the dreaded “OK” sign during the Army-Navy Game:

 

“Both West Point and Annapolis are investigating, and it strikes me as defamatory that some in the media have branded these young people as racists without a shred of evidence. I understand that a handful of racists (perhaps living in their parents’ basements) attempted to co-opt the ‘OK’ sign as a symbol of white power … but that is not evidence that these kids were motivated by racial animus. We owe these young people, who had the courage to sign up to be part of the 1% who defend this democracy, better than this,”

I would say that we owe them better than even investigating such trivia. A ambiguous gestures are ambiguous, and no student, in a military academy or anywhere else  should have to defend or explain them. The students are entitled to the benefit of the doubt.  As with the “It’s OK to be White,” flyers, the rational, responsible approach by administrators is to ignore them, rather than to make a scandal out of nothing.

When will we see the first “It’s OK to make the OK sign” flyers? Heck, I may put some up myself…

2. Nah, there’s no progressive “war on Christmas,’ and there’s no mainstream media bias, either. And CNN’s Brian Stelter isn’t the most incompetent and absurd “media critic” since the term was coined! Imagine: Stelter asked on Twitter,

“Justice Neil Gorsuch is on “Fox & Friends” right now. The Q: How is it appropriate for a Supreme Court justice to try to goose sales of his three-month-old book by chatting on one of the most partisan shows on TV?”

More “Q’s”: Would it be appropriate for Gorsuch to chat on another network, like, say, CNN? Would “wtachdog” Stelter bitch about that? What does the level of partisanship of a show have to do with whether a Supreme Court Justice should appear there? Is there any rule or precedent holding that it is unethical for a sitting Justice to promote a book? (I’ll answer that one: no.)

Stelter’s whining wasn’t close to the most contrived objection to Gorsuch’s visit to the Fox and Friends couch, though. This was: Continue reading

Ethics Catch-Up, 12/12/2019: Special Two-Day Edition!

So far, this pre-Christmas slog has been especially horrible.

This post started out as yesterday’s potpourri, and I was interrupted just as I was about to post it. So now its a two-day edition.

1. The IG’s report embraces Hanlon’s Razor. What the report on the FBI investigation of the Trump campaign’s alleged “collusion” says is that he Inspector General could find no documentation of a “conspiracy” or bias against the President, but that the FBI’s conduct was remarkably inept throughout. Hanlon Razor: “Never attribute to malice that which can be adequately explained by stupidity.

When the AG says that the FBI handling of the investigation raises questions about how it conducts itself in more routine matters, isn’t the obvious next step to find out? If the evidence shows that the FBI doesn’t make such “mistakes” normally, only in a situation—the investigation of a Presidential candidate from the party opposite from the one currently represented in the White House—where one would assume special care would be applied, what would that tell us? One of the AG’s revelations is that “an F.B.I. official who had to sign an affidavit attesting to the accuracy and completeness of a court filing had specifically asked about any relationship with the C.I.A. Mr. Clinesmith altered the email so that it stated that Mr. Page was “not a source,” contributing to the Justice Department’s failure to discuss his relationship with the C.I.A. in a renewal application.”

That’s interesting. And why did he lie? Just “sloppiness”? At some point, repeated errors begin suggesting bias and intent.

It is astounding that James Comey is crowing in the media about the report, when the agency he led showed itself to be thoroughly incompetent at the exact moment when trust and care were most essential. He should hide his head in a bag, as Justice Scalia liked to say.

2. Ann Althouse reads Jamelle Bouie so I don’t have to. Thanks, Ann! After making Bouie an Ethics Dunce numerous times and finding him to be biased, anti-white fool who had no business being published in any fair and responsible conversation, I stopped reading him. Fortunately, Ann Althouse has a stronger stomach than I do, and pointed readers to “Two Articles of Impeachment for Trump Are Nowhere Near Enough/The House should take its own sweet time and investigate many more aspects of the president’s perfidious behavior,”  where he openly analyzes the Democratic impeachment follies as tactic to affect the 2020 election, and, ethics-challenged that he is, endorses that clear abuse of the Constitution, writing in part,

Democrats, in other words, can use the power of impeachment to set the terms of the next election — to shape the national political landscape in their favor. In a political culture governed by negative partisanship and hyperpolarization, restraint won’t save the Democratic majority. But a relentless anti-Trump posture — including comprehensive investigations and additional articles of impeachment — might just do the trick.

He’s scum, pure and simple.

Ann responds, “Does he not hear what he is saying?! He’s telling Democrats to drop the pretense of principle and patriotism and go all out for political advantage.”

3. Benefit of the doubt! That’s rich. The New England Patriots are again implicated in a cheating controversy. I have no read several commentaries, mostly from Boston source, arguing that the team “deserves the benefit of the doubt.”

This is the most unethical, untrustworthy, win-at-all-costs team in a sports league that has no problem crippling young athletes for profit. Sure, it should be proven guilty on facts, not presumption, but a history of being deceptive and breaking rules at very least removes the “How can anyone think we would do such a thing?” factor.

4. Top stories? Below are the results of a poll that tried to determine what the public considered the “top stories” of 2019 according to the proportion of those polled who “heard a lot about” each, by party affiliation.

5.  This is propaganda, not news reporting. Time Magazine, which admittedly is an animated journalistic corpse these days, still makes headlines with its choice of its “Person of the Year,” but that nostalgic notice won’t last much longer with selections like this year’s honoree:  teenage climate change scold Greta Thunberg. The choice is dishonest, manipulative, and absurd. Her impact has been nil; her expertise is imaginary; her cause is futile, and her rhetoric is insulting and hysterical. Few Americans know her name, and the number is still higher than it should be.

Of course, the idiocy of Time’s choice doesn’t excuse President Trump’s gratuitous tweet mocking her and the selection. This is beneath him, or should be. I grasp his logic: since the mainstream media will treat the ridiculous choice with reverence, being all-in on climate change hysteria, so he has to publicize the truth. Sometimes that logic is valid, but not when it comes to punching down at a manipulated and exploited child, which is what Thunberg is. Continue reading

Now THIS Is An Unprofessional Lawyer!

And juuuuust a bit uncivil, I’d say. I  may be wrong…

In a motion to dismiss an insurance law suit, Allstate’s lawyers revealed this remarkable conduct on the part of plaintiff’s attorney Christopher Hook in his communications during the case. According to the declaration of those attorneys in their motion, Hook said or wrote…

  • “Fuck you crooks. Eat a bowl of dicks.” (Declaration of Peter H. Klee, Ex. 1, p. 5)
  • “I’m going to let the long dick of the law fuck Allstate for all of us.” (Id., p. 7)
  • “Hey Klee you Cumstain the demand is now 302 million. Pay up fuckface.” (Id., p. 8)
  • “Peter when you are done felating your copy boy tell Allstate the demand is now 305 million.” (Id., p. 9)
  • “[Other Sheppard Mullin attorneys] may not be too smart but at least they have some fucking dignity and honor unlike you two limp dick mother fuckers.” (Id., p. 10)
  • “What is Wright going to do when he finds out Allstate is using people who are borderline retarded to adjust complex claims. That’s what I’m going to do. Demand increases tomorrow.” (Klee Decl., Ex. 1, p. 11)
  • “Anytime now faggot.” (Id., p. 13)
  • “I want my clients’ money gay boys.”

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