Morning Ethics Warm-Up, 8/4/2020: Three Out Of Four Positive Items!

Good morning to you!

1. Let’s start with some good news! In April of last year, I wrote about Massachusetts judge Shelley M. Richmond Joseph, who  was charged with obstruction of justice, along with another court officer, for helping an illegal immigrant (and criminal) elude arrest by the ICE. The story is here. It looks like the judge is going to trial.

U.S. District Judge Leo Sorokin has now denied the judge’s lawyers’ motions to dismiss in a July ruling. “After careful consideration, the motions to dismiss are DENIED because the Indictment alleges the elements of the offenses and sufficient supporting factual detail,” he  wrote . Joseph’s attorneys are claiming was that she is protected by judicial immunity, though that should only apply to actions a judge engages in under judicial authority and in the course of her duties. Instructing a court employee to help an illegal immigrant evade being taken into custody by ICE agents  after his hearing on criminal charges, including drug possession, is not known as “being a judge.” It is known as “obstructing  justice.” Even if the judge avoids punishment, her days as a judge are over.

Good.

2. What’s this? MORE good news? I have been looking for cracks in the monolithic mainstream media, with defections by individuals in the midst of the journalism’s abandonment of its duties to democracy in favor of news manipulation and partisanship. Less than a month ago, New York Timed editor Bari Weiss called out the oppressive culture of partisanship and conformity at the her paper, earning her Ethics Hero status.

Last month MSNBC producer Ariana Pekary quit the network, arguably the most unethical of all the broadcast news outlets, and yesterday she published a blog post explaining why. “I simply couldn’t stay there anymore.” She wrote:

“My colleagues are very smart people with good intentions. The problem is the job itself. It forces skilled journalists to make bad decisions on a daily basis….It’s possible that I’m more sensitive to the editorial process due to my background in public radio, where no decision I ever witnessed was predicated on how a topic or guest would ‘rate,’ The longer I was at MSNBC, the more I saw such choices — it’s practically baked in to the editorial process – and those decisions affect news content every day. Likewise, it’s taboo to discuss how the ratings scheme distorts content, or it’s simply taken for granted, because everyone in the commercial broadcast news industry is doing the exact same thing. But behind closed doors, industry leaders will admit the damage that’s being done…I understand that the journalistic process is largely subjective and any group of individuals may justify a different set of priorities on any given day. Therefore, it’s particularly notable to me, for one, that nearly every rundown at the network basically is the same, hour after hour. And two, they use this subjective nature of the news to justify economically beneficial decisions. I’ve even heard producers deny their role as journalists. A very capable senior producer once said: “Our viewers don’t really consider us the news. They come to us for comfort.”

She claims to want to be part of a solution to this dire situation. We shall see. I reached out to her in an email yesterday, offering my guidance and expertise, gratis of course.

3. On the theory that transparency is good news, it was nice to see Democratic Rep. Karen Bass, supposedly one of the top contenders to be Joe Biden’s running mate, demonstrate how dim-witted she is and unqualified to be President, though at this point even she could probably beat poor Joe Biden in a spelling bee. Over and over, on several Sunday news shows, she repeated her previous explanation for praising Fidel Castro , telling Chuck Todd on “Meet the Press,” for example, regarding calling the brutal dictator’s death a “great loss to the people of Cuba,” that she “wouldn’t do that again. Talked immediately to my colleagues from Florida and realized that that was something that just shouldn’t have been said.”

Astounding. She wouldn’t say that what she said was wrong, outrageous for a member of Congress and demonstrated inexcusable ignorance, but that she should have kept the opinion to herself.  Todd, of course, being one of the worst hacks in captivity, didn’t bother to press her on the point for the benefit of members of his audience who can’t recognize signature significance when it’s right in front of them.

Biden, or whoever his ventriloquist is, is officially trapped in ethics zugzwang. The only reason Bass is even being considered is that Biden has to select a black (George Floyd!) woman (#MeToo!) as his VP, and all of his remaining options are horrible by any objective standard. This will be a flaming lesson in the foolishness of placing physical characteristics over ability, experience and character, a perfect example of  why affirmative action doesn’t work and will never work. Bass is a light-weight, but Biden’s two other options are Kamala Harris ( whose ugly Ethics Alarms dossier is here), and <ack! choke! yecch! barf! gag!> the even more horrible Susan Rice, Barack Obama’s ethics-free acolyte. Her dossier is here. She would be the most sinister Vice-President candidate since Aaron Burr.

I have to poll this: Who is Joe’s best choice among this unethical trio?

I’m not going to allow “None of the above,” because I don’t think he has that option, or at least doesn’t have the integrity to insist on choosing a qualified candidate who has the wrong tint or chromosomes.

4. Finally, to end on a downer, the Unethical  Non-Trump Tweet of the week.  Orlando Magic forward Jonathan Isaac was the only NBA player not to kneel during the National Anthem, and also refused to wear a “Black Lives Matter” warm-up like  the rest of his teammates. In Sunday’s game, he tore his ACL, a season-ending and career threatening injury. ESPN radio host Dan Le Batard then ran a poll on Twitter asking, “Is it funny the guy who refused to kneel immediately blew out his knee?” 

When the poll was pulled, about 45% of respondents said that it was funny, which tells you all you need to know about NBA fans and Black Lives Matter supporters—the genuine kind, not the grovelers. Le Batard issued a phony apology, Level 10 on the Apology Scale.

“We apologize for this poll question,”  he wrote. “I said on the front and back end of the on-air conversation that I didn’t think it was funny. Regardless of the context, we missed the mark. We took the tweet down when we realized our mistake in how we posed the question to the audience.”

Lies and more lies. They took the tweet down when it was clear they were getting slammed for it. If he didn’t think a young athlete getting injured was funny because he dared to oppose the BLM mob, why would he think anyone else would? When is someone getting hurt who has done nothing wrong and who did not do something foolish to cause the injury ever funny?

Reflections On The Penobscot Expedition

Remember the Penobscot Expedition? Of course you don’t. Today’s history lesson has many aspects worth pondering, but I only recall some mention of the fiasco from growing up in Arlington, Massachusetts. It struck me now as notable thanks to valkygrrl’s Great Americans contest, still generating comments here. One commenter suggested Paul Revere: I wonder if this episode in his career was considered. I assume not.

On July 19, 1779, in the middle of the Revolutionary War, the would-be state of Massachusetts, on it own and without consulting either Continental political or military authorities, set out on  badly planned a 4,000-man naval expedition that ended up as the biggest naval disaster in U.S. history until the attack on Pearl Harbor.

The commanders were Commodore Dudley Saltonstall,  Adjutant General Peleg Wadsworth, Brigadier General Solomon Lovell aaaaand Lieutenant Colonel Paul Revere.   19 warships, 24 transport ships and more than 1,000 militiamen set out  to capture a 750-man British garrison at Castine on the Penobscot Peninsula, then part of Massachusetts, but now known as “Maine.”

On July 25, the Massachusetts forces launched a series of disorganized land attacks, largely leaving their naval forces, which were mostly manned by untrained sailors,  out of the battle. This gave the British crucial time for reinforcements to arrive. General Lovell, the commander of the land assault,  saw Sir George Collier’s seven British warships arrive and retreated, expecting Commodore Saltonstall to oppose them. Instead, Saltonstall, quickly decided that resistance was futile and  surprised everybody by fleeing upriver and burning his own ships. Continue reading

Morning Ethics Warm-Up, 3/4/2020: Marching To Georgia Edition

Hello, I must be going…

Desperately trying to get this post out before the walls close in. I’m doing a program for an always receptive BigLaw firm in Atlanta, and its a program I know well, and I’m still anxious about it. It doesn’t help that I have some kind of cold, but the show must go on…

1. Super Tuesday musings…

  • Last night, I stumbled on  a Fox News panel discussing the Julie Principle at length regarding Joe Biden’s brain farts and Trump’s Tweets! They didn’t use that term, of course, but it would have helped explicate what they were trying to say, which was that once you’ve decided to accept the flaws of a candidate, more evidence of those flaws won’t change your support.
  • Speaking of… Joe Biden got his sister and his wife mixed up during his victory speech. If there was ever a question of how much the country doesn’t want socialism, the fact that so many Democrats preferred to vote for this sad husk than capitulate to Bernie should answer it.
  • How proud I am of my home state, which told the world that even voters who know  best, and presumably support to some extent, Elizabeth Warren don’t think she should be President. Thus they validated Abe Lincoln’s rule: you can’t fool all of the people all of the time. Warren was the 2020 field’s worst demagogue and biggest hypocrite, as well as one of the most shameless liars. As I write this, she hasn’t dropped out yet, perhaps because she doesn’t want to help Sanders, whom she still resents for saying that a women couldn’t be elected President. Well, he was right as far as she is concerned. Good.

Warren was easily my least favorite of the Democratic contenders from an ethics standpoint. After I posted on Facebook about one of her many deceptions, a friend, apparently seriously, commented that I seemed to have a real bias against her. It reminded me of one of Martin Short’s brilliant improvs as idiot celebrity interviewer “Jiminy Glick,” when he cracked up Mel Brooks by asking, “Now what is it that you have against Hitler?”

2. Wait, he did WHAT??? Cedric Sunray, a college recruiter from Oklahoma Christian University,  visited Harding Charter Preparatory High School in Oklahoma City last month and met with 110 juniors and four teachers in the gymnasium to talk about opportunities at the college. He then asked the students to line up from darkest to lightest skin complexion, and then line up from “nappiest” to straightest hair.  As the students lined up, some of the teachers left to report the request to school administrators, who intervened. Sunray was quickly fired.

Sunray later wrote that the exercise was meant to be an “icebreaker” and that he has made the same presentation dozens of times at other institutions. Really? And nobody complained?

The president of Oklahoma Christian University, John deSteiguer, visited the prep school to apologize to students and staff members. Too late, I’d say. Any school that would let someone like Sunray represent it is too inept to be trusted. Continue reading

Morning Ethics Warm-Up, 1/29/2020: Dogs, Mike Bloomberg, Joe Biden, D.C., Jimmy Kimmel, Threatening Deplorables And Restricting Rights

Well, dogs are good, anyway…

1. Stop making  dogs defend Mike Bloomberg!…Is there anything too trivial that people won’t use to attack politicians? A CBS News video began circulating online yesterday afternoon showing Michael Bloomberg shaking hands with a man in Burlington, Vermont, then taking his dog’s upper jaw  in his hand and “shaking” the dog’s  snout  He then scratched the dog’s ears. The social media mob called him a dog abuser.

Morons. That’s a move that most dogs enjoy, as well as someone grasping their whole muzzle. It shows Bloomberg is comfortable with and knowledgeable about dogs. I used to do both moves with our 165 pound English Mastiff, and our Jack Russells.

2.  I know this is of interest to almost nobody who isn’t a lawyer, but trust me, it’s a big deal. The District of Columbia has long been the only U.S. jurisdiction that allows law firms to have non-lawyer partners, a structure prevented everywhere else by the general prohibition on lawyers sharing their fees with non-lawyers. When D.C. adopted its revolutionary approach, it assumed that the states would soon follow, with the American Bar Association’s assent. Because that hasn’t happened, a state-licensed lawyer with a D.C. license participating in a legal firm in D.C. could technically be found to  be violating that state’s ethics rules , though the District has negotiated a truce in that potential controversy.

Meanwhile, those special law firms with non-lawyer members are proliferating like legal rabbits. Now  a Jan. 23 press release tells the world that the District of Columbia Bar is taking comments regarding proposed changes to its ethics rules that could allow external ownership of law firms, as well as blended businesses in which lawyers and non-lawyers provide both legal and nonlegal services, like accounting. Or massages–who knows? Right now, law firms by definition can only practice law.

Perhaps even more significantly, California, Utah and Arizona are also studying changes that would relax ethics rules barring non-lawyers from holding a financial interest in law firms. Continue reading

Afternoon Ethics Refresher, 1/15/2020: Firing, Tweeting, Protesting, Talking Friends Into Suicide…

Hello?

Traffic here inexplicably dead yesterday and today. Is there a secret ethics convention nobody told me about? There is, isn’t there? I’m hurt…

1. It’s too bad so many readers don’t pay attention to the baseball posts, because a lot of fascinating ethics issues with general applications arise…like right now. Yesterday, as already mentioned in an update to yesterday’s post and a couple of comments, the Boston Red Sox “parted ways with Manager Alex Cora by mutual agreement.” (He was fired.) In a press conference I just watched, the Red Sox brass said that Cora, who was both successful and popular in Boston, was let go solely because of the MLB investigation report regarding his involvement in cheating while serving as a coach for the Houston Astros in 2017, and the allegations of cheating  while managing the Sox in 2018, still under investigation, played no part in the decision. What they meant is that the Astros cheating was going to result in a long suspension for Cora anyway, so the team didn’t need to wait for the bad news regarding his cheating in Boston.

The weirdest thing about the press conference is that none of the four Sox officials would do anything but praise Cora, his character, his judgment, his dedication to the team, his devotion to baseball. Gee, why did they fire this saint, then? Alex Cora’s character is obviously flawed, or he wouldn’t have masterminded major cheating schemes that cost the Astros 5 million dollars and four key draft choices while losing the jobs of two men who advanced his career. Cora’s judgement also stinks, because his actions have now cast a shadow over two teams, their championships, and the records of the players his schemes benefited.

If he was so dedicated to the team, why is  it now facing a public relations and competitive disaster because of his actions? If he was devoted to baseball, how did he end up at the center of a scandal that undermines the perceived integrity of the game? Continue reading

Ethics Heroes: The Appeals Court For The Commonwealth Of Massachusetts

I am not honoring the appeals court that just upheld the lower court judgment in my favor in a two-year old (and probably not over yet) frivolous lawsuit against my for defamation by an angry ex-Ethics Alarms commenter. The court’s decision rejecting the plaintiff’s appeal was dictated by precedent and black letter law, as was the decision in the original case. It took no special courage or integrity to hold so, and in fact any other result would have evinced rank incompetence.

No, I am awarding the court Ethics Hero status after receiving today its  published opinion in case n. 18-p-1605, where the judgement of the lower court judge was affirmed. It is officially a summary decision, and thus not binding precedent, since the usual details a full appellate opinion would contain are missing. However, in the eight page opinion affirming the lower court dismissal of the complaint, the judges are impressively restrained, respectful, and thorough. They manage this despite the fact that the lawsuit was doomed from the beginning, without merit or law on its side. The persistence of the plaintiff has wasted taxpayer money (and mine) and occupied time the judges needed to address more serious and legitimate matters.

Nonetheless, the fact that a pro se litigant is able to receive more than perfunctory handling of even a complaint this misbegotten and trivial speaks well for our system, and very well for the judges. Despite all the attacks claiming that our system only caring about ‘justice for the rich,” a pro se litigant seeking justice (as he saw it) and using confused, garbled and outrageously long documents to that end,  cannot deny that his case and arguments were ignored. He lacked the financial resources to hire a lawyer to pursue them (though I wonder if any lawyer would have accepted the representation) and represented himself—rather badly, but still, he took his best shot. Continue reading

“It’s OK To Be White” Strikes Again, And Drives People Crazy Again! GOOD!

The first Ethics Alarms post about the trolling masterpiece “It’s OK to be white” was in 2017. The message, apparently launched by those puckish trouble-makers at 4Chan,  first appeared on stickers appearing on the Harvard campus, sparking an idiotic response from an African American dean. I concluded, in part, that the sticker campaign was brilliant “no matter who came up with it or what the motive was,”;  that anyone who was troubled by the message is part of the problem the stickers are responding to, and  that the stickers would have  been harmless if they were treated as harmless, and they should have been.

The Ethics Alarms’ self-appointed Voice of the Woke at the time took umbrage, saying, “The stickers are stupid. No one disputes that it’s OK to be white….The correct response from average citizens to this display of faux persecution should be mockery and ridicule, not outrage.” Realizing a hanging curve over the middle of the plate when I say one, I replied in part, ,

“You know, it’s easy to deal with any problem if you make up your own facts. Nobody says its not OK to be white? This list took me less than 10 minutes:

http://www.washingtonexaminer.com/texas-am-wont-fire-professor-who-called-for-killing-white-people/article/2622810
http://www.theroot.com/college-campus-shut-down-after-professors-letthemfucki-1796334903
http://www.theroot.com/for-black-people-who-have-to-deal-with-white-people-thi-1797835711
https://mobile.nytimes.com/2017/10/06/opinion/ta-nehisi-coates-whiteness-power.html?smid=fb-share&referer=http://m.facebook.com
http://www.thecollegefix.com/post/38149/
https://www.huffingtonpost.com/entry/lady-gaga-the-problems-with-non-racist-white_us_59960aeee4b033e0fbdec279
http://www.independent.co.uk/life-style/toxic-whiteness-healing-white-people-internalised-racism-woman-sandra-kim-new-york-a7595216.html

Then there’s the Ethics Alarms anti-white racism tag…https://ethicsalarms.com/tag/anti-white-racism/ All resulting in THIS:
http://www.npr.org/2017/10/24/559604836/majority-of-white-americans-think-theyre-discriminated-against

As I may have mentioned, I was explicitly told that the only reason I was not hired as an Assistant US Attorney in DC …a life and career-altering result for me…was that I was white. Now, I think it is reasonable to assume that if I was not hired because I was white, there was something “not OK” with my being white. I’m not unhappy or bitter about this, but it happened.

The problem with being an ideologue… is that it requires distorting reality.

Continue reading

Another Leap Down A Slippery Slope: Massachusetts Repeats The Michelle Carter Debacle

The Suffolk County (Mass.) District Attorney has charged Inyoung You, a 21-year-old South Korean native and former Boston College student,  with involuntary manslaughter in the suicide of 22-year-old Alexander Urtula, who jumped to his death on May 20, 2019, the day he was going to graduate.  You was in cellphone contact with her boyfriend that day, and was at the scene when he plunged to his death.

While Urtula struggled with mental health issues throughout the pair’s 18-month relationship,  You was “physically, verbally, and psychologically abusive, and was so “wanton and reckless” that it  “resulted in overwhelming Mr. Urtula’s will to live,” the DA told reporters. “She was aware of his spiraling depression and suicidal thoughts brought on by her abuse, yet she persisted, continuing to encourage him to take his own life.”  Among the over 47,000 text messages sent by You in the two months leading up to Urtula’s suicide, here were hundreds “where (You) instructed him” to take his own life, as well as “claims that she, his family and the world would be better off without him.”

Nice.

But is it criminal?

There are differences in the two cases, but this is redolent of the 2017 prosecution and conviction Michelle Carter, who was convicted in the Bay State of involuntary manslaughter for urging her 18-year-old boyfriend, Conrad Roy III, to kill himself, which he did. The conviction was upheld by an appeals court this past February, so Carter will apparently serve out her entire 15 month sentence—for the content of her text messages. Continue reading

From The Anti-Freedom of Speech Files: UConn And The Connecticut Hate Speech Law

The University of Connecticut  chapter of the NAACP is circulating a video that  shows two students walking through a parking lot blithely shouting out “nigger.” It also sent out a tweet stating, “If you have any information about this racist recording at UConn, please email naacpuconn1909@gmail.com We will not tolerate racist behavior on this campus.”

To make a relevant point at the outset, this is not “racist conduct,” but racist speech at most. Racist speech is constitutionally protected (that First Amendment thingy), but you wouldn’t know it from the Connecticut  law the two students have been charged with violating. It decrees:

Any person who, by his advertisement, ridicules or holds up to contempt any person or class of persons, on account of the creed, religion, color, denomination, nationality or race of such person or class of persons, shall be guilty of a class D misdemeanor.

Ridiculing individuals based on gender or sexual orientation is apparently just fine, though: it’s an old law.  The  charge is punishable by a maximum of 30 days in jail, a fine of up to $50, or both.

Jarred Karal and Ryan Mucaj, the two idiots involved, face  possible expulsion from UConn for violating the school’s code of conduct. That’s a separate issue. A school has a right to make reasonable demands on student comportment, and civility, but what is “reasonable” is an ethical gray area. If the students thought they were alone, for example, I am not sure that a state school should be able to punish them. These morons were just shouting the offensive word into the air. Can they be punished for saying “nigger” in their dorm rooms, when they are alone? If the campus NAACP’s circulation of the video is what is disrupting the campus, why isn’t that a punishable offense? The NAACP circulating the video upset and offended more students than the parking lot shouts. Continue reading

Catch-Up Ethics Warm-Up, 10/22/2019: Updates, Word Policing, And The World Series

Late start to the day…

…in part as a hangover from the lively Smithsonian Associates presentation on cross examination with my sister last night. The event was completely sold out, a first among my five Smithsonian programs, and it was an intense two hours, followed by lively questioning from some participants who stayed for nearly an hour to grill us.

1. Good ethics news follow-up: Marlon Anderson, the black security guard who was fired from Madison’s West High School last week for protesting being called “nigger” by  a student, thus triggering an unreasonable, brain-dead and indefensible “no-tolerance”  policy, is being reinstated.

Interim Superintendent Jane Belmore  rescinded the termination less than a week after Anderson was fired. The dismissal triggering intense criticism here and elsewhere, including a student walk-out.  One nice thing about incompetent bureaucracies is that their lazy, thoughtless, unethical actions seldom are accompanied by any real logic or conviction, so they will usually back down, following the path of least resistance.

Still, as Ethics Alarms has asked dozens of times, how can responsible parents trust educators whose judgment is so wretched?

I also want to note that most publications reporting on the story emulated the Wisconsin State Journal, which wrote, “A black security guard who was fired from Madison’s West High School last week for repeating a racial slur a student had hurled at him, in an attempt to correct the student, will get his job back.”

Gee, which racial slur? Isn’t the particular slur an essential part of this story? Was it “negro”? “Uncle Tom”? When is it ever competent journalism to withhold relevant information from readers? Is the theory that the mere word will upset some readers more than the tales of carnage the same publications include daily without censorship? Do we read stories that report, “Someone did something really terrible to 26 people in a church using a weapon of some kind”?

In this case, withholding the crucial word at issue supports the “logic” behind the no-tolerance policy that led to the whole fiasco.

2. In more news of progressive word-policing:  Massachusetts state Rep. Daniel HuntGuess what party he belongs to. Come on, guess!  Hey, you have a 50-50 chance of being right!—-has submitted a bill to the legislature that would criminalize use of the word “bitch.” There will be a hearing today on Beacon Hill. Of course the bill is unconstitutional, but why should we expect elected representatives to be able to figure that out?

Meanwhile, the Boston Herald, supposedly the city’s conservative paper (meaning it’s not as left-biased as the Boston Globe) didn’t dare publish the word, writing instead, “the B-word — the term for a female dog that is commonly used to slander women.”

Someone should  tell the Herald that calling a woman a “bitch,” no matter how unjustified, cannot possibly constitute slander. Continue reading