Mark Levin

From The “Scared Yet?” Files…Ethics Dunce: Cumulus Media; Ethics Hero: Mark Levin

/ Jack Marshall / 2 Comments

zipping the lip

It’s interesting, isn’t it? The Washington Post, which has been suppressing news unfavorable to progressives and Democrats for years, delivered a thorough and competent report on conservative Cumulus Media muzzling its hosts regarding doubts about the legitimacy of the 2020 election.

The Post reports:

Cumulus Media, which employs some of the most popular right-leaning talk-radio hosts in the United States, has told its on-air personalities to stop suggesting that the election was stolen from President Trump — or else face termination.…

“We need to help induce national calm NOW,” Brian Philips, executive vice president of content for Cumulus, wrote in an internal memo, which was first reported by Inside Music Media. Cumulus and its program syndication arm, Westwood One, “will not tolerate any suggestion that the election has not ended. The election has been resolved and there are no alternate acceptable ‘paths.’ ” The memo adds: “If you transgress this policy, you can expect to separate from the company immediately.”

Some comments, in no particular order:

Continue reading →

Lunchtime Ethics Appetizers, 6/16/2020: ALS, Artistic Freedom And Arrogance [UPDATED]

/ Jack Marshall / 34 Comments

Bon Appetite!

1. Today’s fake news note from the New York Times: “A Trump justice delivers an LGBT ruling that demoralizes the Right.” This completely fabricated observation, a variety of fake news I refer to as “psychic news,”purports to, first, characterize the “Right” as a monolithic, anti-LGBT mob, in the way the Left really is a monolithic, anti-Trump mob, and second, claim an extreme reaction to the decision that just doesn’t exist. The Times front page says the 6-3 decision was one “few expected.” That’s deceit: most analysts I read reached the same conclusion I did, which was that a 5-4 decision supporting the interpretation announced yesterday had at least a 50-50 chance of coming down. I did not expect the vote to be 6-3, but anyone familiar with how these things line up shouldn’t be shocked. Once he realized that the majority was going to hold that discrimination against gays and transgender individuals illegal, Justice Roberts may have joined the majority so that he could assign the opinion to Justice Gorsuch, for example.

President Trump has never indicated any animus towards gays or same sex marriage (Pence is another story); the presumption that the President’s supporters are horrified that discrimination against gays and transsexuals wasn’t upheld is just another version of the “deplorables” slur. Moreover, I believe the decision, and the fact that Justice Gorsuch joined with the Left wing of the court to cement it makes the President look good to all but reflex Trump-haters. His job is to appoint competent, open-minded justices, and he has. Gorsuch was never a conservative ideologue, though the Democrats who opposed him in the Senate falsely represented him as one. The decision also makes the Supreme Court look good by once again proving that it is not the lock-step partisan body Democrats claim, and that Chief Justice Roberts has correctly denied. It would be even better if the Court’s block of four liberals were as open-minded and non-partisan as Roberts, Gorsuch, and in other recent cases, Kavanaugh have shown themselves to be. Continue reading →

Morning Ethics Warm Up, 11/15/17: Rush, Creepy Joe, Fake Fake News, And Yum-Yum

/ Jack Marshall / 10 Comments

Good Morning!

1 Save the “Mikado”! Yesterday I was honored to be able to participate in a Smithsonian Associates lecture on the careers and operettas of Gilbert and Sullivan. The Georgetown Gilbert and Sullivan Society was kind enough to invite me to sing “Tit Willow” as part of its segment at the event, which played to a full house. It’s a shame, and alarming for the future of live theater, operetta, and the vitality of the G$S canon, that the average age of participants appeared to be approximately 94, give or take a decade.

Before I warbled “Tit Willow,” once as well-known to the average U.S. adult as “My Way” (John Wayne sings the chorus in “The Shootist”) I went off-script to say, “As you all probably know, this song is from ‘The Mikado.’ It is a wonderful show, and don’t believe anyone who tells you otherwise.” The statement got nods and knowing looks, because they knew exactly what I was talking about.

Right now, the more than 80 Gilbert and Sullivan performance groups in the U.S., plus various opera and regional theater companies, have almost abandoned the best and most performed of the 14 sui generis shows by the great duo for fear of getting into a political correctness battle. “The Mikado,” you see, is now considered “racist,” because Gilbert had the ridiculous (and typical) idea of presenting a satire of English foibles and personalities as if Great Britain had suddenly been turned into an upside-down version of Japan. The script is self-referential on the gag (“I often wonder, in my artless Japanese way…”; “He might have had initials on his pocket handkerchief, but Japanese don’t carry pocket handkerchiefs!” ), as Gilbert was one of the fathers of post-modern humor. The show has been popular in Japan, and all over the world. A popular Broadway adaptation (“The Hot Mikado”) had an all-black cast—still in Japanese costumes—speaking and singing jive versions of the dialogue and songs. Gilbert included a song (“I’ve got a Little List”) that accommodated current events updates, so the show is arguably the most continuously topical of all the Victorian operettas—and all of them are still funny.

Never mind all that. “The Mikado” has been targeted by offense-mongering progressives, and theater companies, which are always a bad decision or two from bankruptcy, find it easier to cave and just produce “The Pirates of Penzance” instead.

“The Mikado, ” directed and performed properly, is better than 85% of all Broadway musicals. It is also cheaper, can be performed effectively by all ages, is infinitely adaptable, and is free: it’s in the public domain. It is a cultural treasure, as important to preserve as the best Shakespeare tragedies or  “David Copperfield.” The battle for “The Mikado” has to be fought, and if there is any theater company out there, amateur or professional, who has the guts to fight it, call me. I can help.

2.  Ridiculous Roy Moore defense of the week. I haven’t been listening to Rush Limbaugh for a long time: is he finally losing it? This week he appeared to be suggesting that because Roy Moore was a Democrat when he was lusting after teen-age girls, there is some kind of hypocrisy involved in the controversy over his Senate campaign, saying,

“Did you know that before 1992, when a lot of this was going on, that Judge Moore was a Democrat? Nobody said a word. When he supposedly was attracted to inappropriately aged girls — he was a Democrat.”

So what? Moore could have been a Rosicrucian when he was molesting girls, and it wouldn’t matter. He’s running for the U.S. Senate NOW, and as a Republican. Either Rush is deliberately making what he knows is a terrible argument that will confuse idiots in his audience, meaning that he is dishonest, or he really believes that it is some kind of mitigation to the GOP’s irresponsible support for Moore that he was a Democrat when he broke the Alabama child molestation law. This would mean that Rush is now an idiot himself. Continue reading →

The Attorney General’s “Island In The Pacific” Gaffe

/ Jack Marshall / 48 Comments

I guess we’re going to have to get used to this sequence over the next 4-8 years (yes, 8: at the rate the Democrats are disgracing themselves, President Trump may stick around):

1) President Trump and/or one of his surrogates, spokespersons or appointees make a carelessly worded statement

2) Democrats, activists and the news media intentionally, wilfully and maliciously interpret it in the worst way possible under the convetions of the English language

3) They widely represent the statement to the public as expressing malign thoughts intent and principles

4) The Trump-related speaker, being rhetorically-challenged to begin with, fails to clarify the confusion and makes himself or herself look worse the more he tries.

5) Nobody, almost literally nobody, bothers to examine the statement from an objective point of view.

Attorney General Jeff Sessions said last week, referring to the Hawaii -chambered federal judge Derrick K. Watson, who last month blocked Trump’s revised temporary halt on travel from sslected terrorist-rich Muslim countries just before it was to go into effect,

“I really am amazed that a judge sitting on an island in the Pacific can issue an order that stops the president of the United States from what appears to be clearly his statutory and Constitutional power.”

It was an off-hand remark on conservative talk show host Mark Levin’s radio program, but it immediately provoked ridicule and attack. Sessions didn’t know Hawaii was a state. Sessions doesn’t respect Hawaii.  President Trump doesn’t like Hawaii. Just a few minutes ago, I watched ABC’s George Stephanopoulos confront Sessions about the remark. Sessions’ humina humina reply: “Nobody has a sense of humor any more.”

I understood the meaning of Sessions’ statement to Levin the minute I heard it, because I thought the same thing at the time of the judge’s ruling: Hawaii is the weirdest place for Trump’s order to be litigated, since the state  is uniquely insulated from the illegal immigration problems facing the other 49 states, has never had anything close to a terrorism attack, and has a negligible Muslim population. The particular problems that the President’s order purports to address is an abstract one for Hawaiians, more than any other state. Sessions’ comment was rueful, intended as irony (to a friendly interviewer), and none of the vile things it was subsequently accused of being. Continue reading →

20 Ethics Observations On The President’s Charge That Obama Tapped His Phones

/ Jack Marshall / 49 Comments

In the first week of March, in the midst of the over-blown flap regarding Attorney General Jeff Sessions’ two meetings with the Russian ambassador, President Trump issued arguably his most explosive  tweet yet:

“How low has President Obama gone to tapp my phones during the very sacred election process. This is Nixon/Watergate. Bad (or sick) guy!.

Later, he  tweeted,

“I’d bet a good lawyer could make a great case out of the fact that President Obama was tapping my phones in October, just prior to Election!”

It has been more than a week, and we know only a little more about what prompted this extraordinary accusation than we did then. However, there are some relevant ethics point to be made. Here we go…

1.  It is irresponsible and unpresidential to issue tweets like this. It is also unfair. If the Trump administration wants to make a formal complaint, charge or indictment, or announce an investigation, it should be made through proper channels, not social media. That stipulated, he will not stop doing this, and at some point we will have to accept it. Is this how Presidents communicate? It is now.

2. Thus the tweet is unethical even if it is true. However, the fact that it is unethical, or that Trump the Liar sent it, doesn’t mean it is untrue. An astounding number of pundits and journalists have made exactly that assumption, proving their bias against the President and their knee-jerk defensiveness regarding former President Obama.

3. The tweet cannot be called a “lie,” and anyone who does call it a lie based on what is known is revealing their confirmation bias.

4. One more point about the tweet itself: the fact that it has a typo and the level of articulation of the average 9th grader is itself an ethics breach. The President should not sanctify carelessness, or seem to embrace it. He is a role model.  Nor should a significant charge be written in haste, as this obviously was.

5. There seems to be a significant possibility that the President was trolling. Having had enough of the months long, absolutely evidence-free news media and Democrat innuendos that his campaign was coordinating election tampering with the Russians, he may have decided to make a sensational, unsubstantiated charge of his own to get the Russian hacking speculation off the front pages. If it was trolling, it was excellent trolling. The McCarthyism purveyors  deserved it; the accusation was a deft tit-for-tat,  one of the President’s favorite rationalizations.

6. As an example of what Trump has been and is being subjected to, we have Rep. Keith Ellison, vice-chair of the DNC.  He told Alisyn Camerota on CNN’s “New Day last week,”

“This is stunning when you think about it. Far worse than Watergate, when you believe a hostile foreign power engaged in an attempt, and with the collusion of the sitting administration to manipulate an election.”

By sheerest moral luck, Camerota that day was feeling ethical, so she actually corrected a Trump-basher from her own party, said, “Well you don’t know that,” and pointed out that there is no evidence of collusion.

“I’m not saying there was collusion, I’m saying those meetings indicate that there could be, and I think that needs to be investigated,” Ellison then said, immediately after saying there was collusion.

These are awful, vicious, conscience- free people who subcribe to total political war and the ends justify the means. They are trying to bring down an elected government without winning an election. Even that does not justify treating them unethically, BUT… Continue reading →

President Barack Obama Has Appointed A Zealous And Competent Civil Rights Lawyer To the U.S. Commission On Civil Rights, And There Isn’t A Thing Wrong With That.

/ Jack Marshall / 10 Comments

Perry Mason would have defended Mumia Abu-Jamal...

Perry Mason would have defended Mumia Abu-Jamal…

President Barack Obama has appointed Debo Adegbile,  who had served as an former attorney for convicted controversial police-killer Mumia Abu-Jamal, to a six-year post on the U.S. Commission on Civil Rights. The eight-member commission consists of four members appointed by the president and four appointed by Congress.

Adegbile worked at the NAACP Legal Defense and Educational Fund when he represented Abu-Jamal in the appeal of his conviction and death sentence for the  1981 shooting death of Philadelphia police officer Daniel Faulkner. Abu-Jamal’s sentence was reduced to life in prison. Predictably, rightish-commentators and of course police groups are highly critical of the appointment, just as they were in 2014 when they and others convinced the Senate to reject Obama’s nomination of  Adegbile to lead the Justice Department’s Office on Civil Rights. Ethics Alarms noted then, in the post, The Right’s Unethical, Ignorant, Un-American And Dangerous Attack On Debo Adegbile,

“It says nothing of Debo Adegbile’s fitness as a public servant that he represented a convicted cop killer, a cannibal, Son of Sam, Spiro Agnew or Willie Sutton. It simply says that he is a lawyer, and one who embraces the traditional ethics and aspirations of the profession. Abraham Lincoln won fame getting an acquittal for a friend whom Lincoln knew was guilty of murder, but the prosecution didn’t have the evidence to prove it. Good. Does this mean he was pro-murder? Clarence Darrow used his extraordinary persuasive power to stop over a hundred men accused of murder—most of them guilty, some of them certifiable monsters— from being executed. Good. They were citizens, they had as much a right to use the laws that offered them protection as the government had to use other laws to threaten their lives and freedom. Was Darrow a fan of killers? No, he was fan of making sure ordinary people weren’t crushed by laws and systems they could never understand, use or survive without the help of a lawyer, in his case, the greatest lawyer of them all…. The principle [critics of Adegbile’s defense of Abu-Jamal] are advocating… is a sinister one, where lawyers rather than judges or juries pass premature judgment on the claims and needs of citizens, and withhold competent access to legal remedies according the their personal assessments regarding the validity of a citizen’s motives. This, of course, gives unacceptable power to lawyers, making it their choice who gets the protections of our justice system and who does not. The danger of this contention cannot be understated….let’s remind all the conservatives using this irresponsible tactic where it leads. It leads directly to citizens being slaves to their own nations’ laws, because they can’t possibly access them on their own, with lawyers deciding who is worthy of being able to take advantage of our “inalienable” rights, and who has the “privilege” of legal representation.”

Continue reading →

The Ted Cruz Eligibility Controversy

/ Jack Marshall / 25 Comments

Cruz birthSenator Ted Cruz was born to an American citizen mother in Canada. The Constitution says that to be eligible to be President, a citizen must be “natural born.” Donald Trump, who also challenged the birth place and eligibility of President Obama, has raised the possibility that the circumstances of Cruz’s birth might be a “problem.” Cruz laughed the issue off saying that it is “settled law” that a citizen born of an American citizen abroad qualifies as “natural born” under the Constitution, following the definition in the British Common Law.

What’s going on here?

Weeeelll…

1. Trump is being a jerk, but as has been the case before, somebody needs to be one, because it is not—exactly—“settled law.” It is way past time that this controversy was settled once and for all. Continue reading →

Stupid Conservative Talk Radio Host Tricks ( Ray Rice Ethics Train Wreck Division)

/ Jack Marshall / 11 Comments

rushs-foot-in-mouth-problem

Believe it or not, many conservative radio talk show hosts can be insightful, erudite, analytical and fair. Unfortunately, even the smartest of them have an unfortunate tendency to let their deep-seated ideology lead them to undermine their credibility when an objective analysis might force them to agree that in a particular matter, their most reviled progressive foes are right. The repulsive recent effort by the conservative talkers to paint the NFL and its various woman and/or child-beating players as victims of a political correctness campaign is a  vivid example.

This kind of thing is why so many people hate you who have never listened to your show, Rush. You have nobody to blame but yourself.

I’m going to ignore Sean Hannity, who actually took off his belt and smacked it on his desk to show how he was raised to be the virtuous, patriotic, narrow-minded, low-brow pundit he is today. Both Rush Limbaugh and Mark Levin, however, who are capable of making coherent arguments, cannot similarly plead intellectual dysfunction like Hannity: they are capable of better. Yet they spent time on their programs defending the NFL from the “liberal media smear” that the NFL is “full of criminals … wife beaters, sexual abusers, murderers, rapists.” It’s not true! In fact, studies show that the rate of violent crime in the NFL is less than that of the general population! Continue reading →

The Right’s Unethical, Ignorant, Un-American And Dangerous Attack On Debo Adegbile

/ Jack Marshall / 61 Comments

"How can you trust him to head the Civil Rights Division of the Justice Department? He's a Lawyer!"

“How can you trust him to head the Civil Rights Division of the Justice Department? He’s a Lawyer!”

I don’t know much about Debo Adegbile, President Obama’s choice to head the Justice Department’s Civil Rights division. I know that he could hardly be more of a disaster than the current Attorney General, Eric Holder, and that the odds are that he would have to be much better. It may be that Adegbile is superbly qualified; it may be that he isn’t qualified at all. But I do know, with 100% certainty, that his representation of a convicted cop killer to seek to overturn his conviction is completely, absolutely irrelevant to his qualifications or character, and that for conservatives, Republicans and GOP Senators in Adegbile’s confirmation hearings to argue otherwise is both irresponsible and contemptible.

I first learned of this controversy from conservative radio host Mark Levin, who can really be an ugly hypocrite at times, and this was one of those times. Levin is a distinguished lawyer and an ethical one*; I refuse to believe that he does not comprehend ABA Model Rule 1.2 (b) or its importance to his profession. It reads:

“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 principle is essential to allow, not merely the justice system but the entire rule of laws in a democracy, to function properly, and any lawyer who cynically, unethically, and dishonestly undermines it is playing with fire. “It is a move,” writes  Prof. Jonathan Turley, “that strikes at the heart of the notion of the right to counsel and due process”—-but it is much more than that. If every citizen does not have full access to the laws of the land, the ability to use them to his own benefit and protection whatever his purpose, as long as it is legal, then this is not a government by the people and for the people, but rather a government of law-manipulating specialists and experts who bend ordinary citizens to their will through the use of complex, convoluted, jargon-riddled statutes and regulations that their victims can’t possibly understand. Continue reading →

Comment of the Day: “The Darkness of the Right, Pissing Away American Values”

/ Jack Marshall / 41 Comments

Is that you, Rod?

This is a treat. I was hoping that my post about the most ethically-challenged of the Right’s uber-patriots cheering corpse desecration would flush out a full-throated cheerleader, and here he is!

In his indignant reply to Bill ( a Marine himself), first time commenter Haddit (who, I gather, has “haddit” with all this ethics talk) gives a bravura performance of exactly what ethics-free thinking will get you in this and other war-related issues. It turns people into clones of the ridiculous general (played by the late, great Rod Steiger) in Tim Burton’s “Mars Attacks,” whose nuanced response to every dilemma is “Kill! Kill! KILL!” ( I know, I know…in the movie it turns out that the general was right after all. It is a satire.)

Here is Rod’s, er, Haddit’s Comment of the Day (to Bill) on my post about the infamous pissing Marines, The Darkness of the Right, Pissing Away American Values. You’re welcome for the editing, Haddit. I’ll have some final comments after the featured rant:

“Are you kidding me? They should be punished?????? We train these guys and gals to be heart-breakers and life-takers, but “oh no don’t piss on the enemy”? I say we put all the bodies of our enemies in a giant blender and dump their remains on the cities where they lived and let’s see how long they screw with us. Desecrating bodies……….What does a bullet or a bomb do, man? War is being insane, doing insane things. Sane folks don’t KILL other folks. So, we teach em to be insane but with rules? THERE ARE NO STINKING RULES. KILL, KILL, KILL come the cries of our military men and women while in training. “WHAT MAKES THE GRASS GROW”???? “We don’t go to war to die for our country, we make the other poor bastard die for his country.” Continue reading →