Michelle Fields

Ethics Quote Of The Month: Ann Althouse

/ Jack Marshall / 27 Comments

battery

“To everyone who likes that Lewandowsky got charged: Will you agree that everyone who does nothing more than that should undergo criminal prosecution? Are you willing to pay the taxes to cover that? Are you ready to find out that you’ve already done it and you’re going to be needing to hire a lawyer? Oh, but it’s so funny when it happens to somebody else, somebody you don’t like. If that’s what you think, please just admit to yourself that you are entirely morally corrupt.”

––Law professor and blogger Ann Althouse, taking the popular position among the talking legal heads on CNN and elsewhere that charging Trump’s campaign manager for the technical crime of battery for for what appears to be minor contact on videotape is an abuse of prosecutorial discretion.

Ann is playing law professor here, and it’s hard to tell if she is asking these questions to provoke thought from the knee-jerk partisans and virulent Trump-haters, or if she really believes everything she wrote. I;m a fan of Professor Althouse, so I want to find  a way to justify this post of her’s, which raises valid points and ignores others equally valid.

Do I “like” the fact that Lewandowsky was charged? I probably wouldn’t have charged him, but I’m not sorry he was charged. Why was a campaign manager grabbing a reporter? Why did the Trump organization react to the reporter’s complaint by attacking her honesty and character? I know the law shouldn’t be used to inconvenience people who act badly, and that doing this is usually an abuse of power. Still, do I like the fact that one of Trump’s thugs isn’t getting away with the thuggishness encouraged by his boss? Yes, I guess I do.

The charge can be justified on utilitarian grounds. Today I saw a cable TV news exchange regarding Fields’ complaint on CNN, where a lawyer explained that any unconsented touching is battery, and the interviewer was shocked. “What?” she said. Yes, I remember a lot of classmates in first year of law school being surprised at that too.

It’s the Common Law: nobody has a right to touch anybody else. I love that principle, myself: I don’t touch people unless I have permission, and they better not touch me. It’s  per se battery, and while we usually don’t press it, we might if the batterer is enough of a jerk, or does more harm than he intended. If charging Lewandowsky makes people think twice before laying their hands on me or anyone else, good. Sending a message to discourage others from wrongful acts is always a valid reason to charge someone. Continue reading →

Ethics Observations On The Michelle Fields-Corey Lewandowski Ethics Train Wreck

/ Jack Marshall / 8 Comments

trainwreck6

Michelle Fields, a stand-in reporter for Breitbart, gets manhandled at a Trump rally while trying to ask The Donald a question. She complains, the Trump organization attacks her, her Trumpized employers refuse to back her, and now battery charges have been filed in North Carolina against Corey Lewandowski, Trump’s campaign manager, whom Fields says grabbed and bruised her. Meanwhile, multiple members of the Breitbart staff, including website star Ben Shapiro and the reporter, have resigned.

What’s going on here, and why does it matter?

1. It matters because what should have been a minor episode has turned into a full-scale ethics train wreck, with the still-growing passenger list including Donald Trump, his campaign, Breitbart, Fox News, the justice system, Fields, Shapiro, the Washington Post, Piers Morgan, and Trump’s embarrassing supporters. Nothing has escalated into a nasty and destructive battles of wills, because Donald Trump creates a culture in which winning and never apologizing turns every dispute into ugly confrontation and warfare.

2. This is how Trump as President would and could start a real war. His entire philosophy precludes common sense and diplomacy. Just because an incident is trivial in substance doesn’t mean its implications can’t be significant, and this is an excellent example. Look at how it developed. Trump’s staff embraces the culture he has created and endorses—thuggishness, misogyny, a contempt for manners, a refusal to be gracious, insistence on winning above all, even when the benefits are dwarfed by the costs. A government and nation under Trump would do the same. A complaint over fishing rights or an imagined diplomatic gaffe would deteriorate and escalate, with President Trump shouting insults from the Oval Office. Continue reading →

The Ethics Lesson Of Breitbart’s Implosion: Unethical Cultures Are Deadly, And So Is Donald Trump’s Touch

/ Jack Marshall / 21 Comments
Nice job, Andrew!

Nice job, Andrew! That’s some legacy!

The Breitbart conservative website empire is in the process of wrecking itself through its own corruption. Good. This is an invaluable lesson in the field of organizational culture, and perhaps it will prompt other unethical organizations to reform their cultures before it is too late.

I had  the good sense to abandon Breitbart as a trustworthy news source long ago, after I was burned by the site’s doctored Shirley Sherrod video. Conservatives, like liberals, often hold on to their heroes long after they have proven themselves unworthy of reverence or even respect; Andrew Breitbart was an especially unfortunate example. He created a group of websites that really delivered news the way Fox is unfairly accused of reporting. They ignored stories that impugned the honesty, integrity or reliability of conservatives, and actively sought stories that showed the worst of progressives, and often slanted those stories to mislead readers, shamelessly appealing to their confirmation bias. The corrupt culture he built, cheered by prominent conservative pundits who should have known better like Glenn Reynolds (Breitbart was “punching back twice as hard,” you see: Rationalization #2 A. Sicilian Ethics, or “They had it coming”), predictably became worse after its architect’s untimely death. Nothing showed this more vividly than Breibart’s decision to become, as resigning editor Ben Shapiro called it today, “Donald Trump’s personal Pravda.”  It attacked Trump’s critics and rationalized Trump’s outrages. I dissected a particularly disgraceful example here, but there were many others.

Then came, as almost always does, a chance event that has shattered Breitbart along its rotting fault lines. Continue reading →