Ethics Warm-Up, 11/19/29: Rushing Around Hotel Rooms Edition

Started this post in a DoubleTree this morning, finishing it (I hope) this afternoon in a Hyatt.

1. Nauseating. The ACLU awarded Christine Blasey Ford the Roger Baldwin Courage Award.

There is no excuse for this, and it shows how deeply the once pointedly non-partisan Bill of Rights defense organization has allied itself with the political Left. The attack she fostered on Brett Kavanaugh violated the principle of due process and her unsubstantiated accusation of a dimly recalled sexual assault when the Justice was a teenager is the kind of abuse of justice that the ACLU once opposed. Writes an outraged Nina Bookout on Victory Girls,

What exactly did she do that could be defined as courageous?

  • Was it her allegations of rape that were never verified?
  • Was it her throwing high school friends under the bus?
  • Was it changing her stories in mid-stream, and then changing them again while testifying?
  • How about the fact that she needed Mark Judge to verify the date she was attacked because she can’t remember?
  • How about her beach conversations, the polygraph, and the weirdness about the second door?

If that’s today’s definition of courage by the ACLU, then we have yet another word with its meaning distorted in order to fit a desired narrative.

What Christine Blasey Ford did, with the tacit approval of the Left and encouragement from the likes of Diane Feinstein, is the very opposite of courage. It is spiteful cowardice.

Obviously, I think, Blasey-Fordis being lionized by the ACLU for applying the ends justifies the means approach by being willing to expose herself to deserved ridicule in order to smear a Trump SCOTUS nominee deemed to place the right to abortion at risk.

In this she is reaping the same benefits that came Anita Hill’s way when she ambushed Clarence Thomas with distant accounts of alleged sexual harassment.

2. Speaking of undeserving “heroes,” pundits are saying that it does not seem as if the NFL “trusts” Colin Kaepernick. Well, of course they don’t. The way he has packaged himself as a martyr for “social justice,” there is literally no chance that if signed as a back-up quarterback, he would devote his full attention and energy to playing football.

What I find amazing is the news media’s constant description of his kneeling stunt as “raising public awareness to police violence against African Americans.” How does a football player kneeling during the National Anthem call attention to anything other than a football player kneeling during the National Anthem? It doesn’t. My attention is drawn to police violence against African Americans when I learn about a genuine example of it, like the shooting of Walter Scott in the back as he fled an arrest. When inarticulate publicity-seeking  race-baiters like Kaepernick say their actions are meant to raise public awareness of police violence against African Americans and they cite Mike Brown, Tamir Rice, and other complex episodes, then they only call attention to their ignorance and unethical desire to demonize whites and police. Continue reading

The Last Of The Nazi War Criminals

Coincidentally, just as I am completing watching the Netflix documentary “The Devil Next Door,”  another former Nazi prison guard has begun trial on charges that he was an accessory to 5,230 murders at a German concentration camp in Poland during World War II.  “The Devil Next Door” engrossingly tells the strange story of a Ukrainian immigrant named John Demjanjuk who appeared to be a model U.S. citizen, respected neighbor and beloved husband and father in Cleveland before the U.S. decided he was really a former Nazi camp guard nicknamed “Ivan the Terrible” for his sadism and brutality at the Treblinka Nazi death camp in Poland. Demjanjuk was stripped of his U.S. citizenship and tried in Israel from 1986 to 1988 for crimes against humanity. A three judge panel convicted Demjanjuk and sentenced him to hang after a dramatic (and troubling) trial, but the former Ford auto-worker died while his  appeal was pending. Under the doctrine of abatement ab initio, he is still presumed innocent.

As I have written here before, I have many ethical problems with the concept of war crime trials, but “Ivan the Terrible” certainly tests them. Whether or not Demjanjuk  was Ivan, the Treblinka gas chamber operator was a monster even by SS standards, torturing the camp’s Jewish victims before their extermination. In the United States, I cannot imagine that that Demjanjuk would have been found guilty beyond a reasonable doubt: the evidence was compromised, the eye-witnesses often contradicted themselves and appeared confused (“Some were liars, some were senile, and some were liars and senile” is how Demjanjuk’s Israeli lawyer puts it on camera). The most damaging testimony against Demjanjuk was his own, and in the U.S. he never would have been allowed to testify.

Was he “Ivan”? All one can say is “probably.” The case was not proven beyond a reasonable doubt, not even close to it.

At the time, it was widely believed that Demjanjuk’s would be the last Nazi war crimes trial, but now  Bruno Dey, 93,  a prison guard  in the Stutthof camp near what’s now Gdansk, Poland, is being tried in Hamburg, Germany. Continue reading

And Now It’s Zombie James Dean…

From The Hollywood Reporter:

James Dean, who died in a 1955 car crash at the age of 24, is making an unexpected return to the big screen. The cultural icon, known for Rebel Without a Cause and East of Eden, has been posthumously cast in the Vietnam era action-drama Finding Jack.

Directed by Anton Ernst and Tati Golykh, the project comes from the filmmakers’ own recently launched production house Magic City Films, which obtained the rights to use Dean’s image from his family. Canadian VFX banner Imagine Engine will be working alongside South African VFX company MOI Worldwide to re-create what the filmmakers describe as “a realistic version of James Dean.”

We all saw this coming, didn’t we? Since this is about involuntarily resuscitating dead actors so greedy family members can put them to work doing whatever a director screenwriter wants them to do, I feel no need to write a new post, especially since my position hasn’t changed one bit from the other instances in which I looked at this issue. So here it is again, lightly edited… Continue reading

Hispanic, Latino, Latinx…A Correction of Disinformation Perpetrated On Ethics Alarms!

I’m sure it wasn’t intentional,  but on October 25, in a thread in response to this post, the estimable and usually reliable commenter Still Spartan stated as fact, in no uncertain terms,

My point is simply that speech about race has changed dramatically over the last 20 years. When is the last time you’ve heard the word Oriental? Heck, we don’t even say Hispanic anymore. But we did 20 years ago….Most people now use the term Latina or Latino, and even that is being replaced with Latinx. 

Your host responded,

If [ “most people”], do,then they are mistaken. Latino is a subset of Hispanic (meaning those from Spanish-speaking nations or regions) , which is why most political organizations use Hispanic in their title. Actually, the various groups don’t particularly like being lumped together at all. Mexican-Americans, Cuban-Americans, Puerto Rican-Americans and others resent the generalizations. Just because one’s “crowd” does something doesn’t make it correct or virtuous, but it’s true that a shocking number of people reason that way.

I don’t mean to pick on Still Spartan, but as there is so much angst these days about misinformation being spread on social media and the web, I certainly don’t want Ethics Alarms to be part of the problem. And, I confess that it annoys me when someone curtly declares here something to be true here that I am fairly certain is not.

SS also suggested in the comment above that “Latinx” was replacing :Hispanic.” I was dubious about this too. By happenstance, a recent poll on the topic, the results of which you see in the graphic, was introduced thusly on Medium:

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Wait, WHAT? Somebody’s Incompetent Here, And I Don’t Think It’s Me.

According to Breitbart, A USA TODAY/Suffolk poll found that only 36 % of those polled support the House voting to impeach the President, with 22%  telling pollsters that  Congress should continue with its impeachment inquiry but should not vote to remove him. Thirty-seven per cent say lawmakers should end their impeachment probe, while four percent remain undecided on the matter.

Regarding a Senate impeachment trial, however, 46 % are in favor of convicting President Trump and 47% are against. The pollsters  used telephone to contact 1,000 registered voters and was taken between October 23rd and 26th.

How is this possible? Saying that you don’t want the House to impeach but want the Senate to convict is like saying you don’t want someone arrested and charged with a crime, but you want him to be convicted and jailed. It makes no sense. Continue reading

Monday Morning Summary Of What Would Have Been In The Sunday Ethics Warm-Up That I Was Supposed To Post But….Aw, Forget It. Here’s Some Ethics Stuff…

Good morning.

Boy, am I glad THAT week is over.

1. Moral luck saves the 2019 baseball post-season…for now. MLB missed a major disaster when an umpire missed a clear strike three (he ruled a foul) on Yankee slugger Gary Sanchez in a tied and crucial game between the Houston Astros and New York.  It was the 11th inning, meaning a tie-breaking run would mean a likely Yankee victory.  THAT would have meant that the Astros would have lost the first two games of a seven game series at home, a hole that very few teams in baseball history have been able to overcome.

Sanchez  struck out on the next pitch, and a Carlos Correia home run in the bottom of the inning sent the Astros to Yankee Staudium in a series tied 1-1. The botch was moot, and will soon be forgotten. But if he Sanchez hit a home run or otherwise led the Yankees to a decisive score, the ALCS might have been completely turned by a blown call captured on video for all to see.

And there would be no excuse: the rules allow no appeal on that kind of play, but there has to be.

Yes, it was “moral luck” again. The fact that the worst didn’t happen doesn’t change the seriousness of the fact that only luck saved the day and prevented a blot on the integrity of the whole 2019 post-season. Maybe it would have been better if the bad call had altered the game, the series, and the World Series. Maybe then baseball would stop waiting for the high-profile disaster caught on video that will force it to have ball and strikes called by technology. It took an umpire’s obvious blown safe call in what should have been the last out of a perfect game to make baseball go to replays, and anyone who watches many games knows how many times a reversal changes game outcomes. Continue reading

Sunday Morning Ethics Warm-Up, 9/29/2019: Updates, Coincidences And Suspicions [CORRECTED]

The same as what?

I heard this song yesterday for the first time in many years, and immediately wondered how many people  my son’s age (he’s 24) or even older would know what “Spanky and Our Gang” referred to. Then I made the mistake of briefly watching HGTV’s “A Very Brady Renovation” and saw to my horror that all the “Brady Bunch” kids are senior citizens. “Who’s that old lady? OHMYGOD It’s JAN!!!!”

1. Well, it was nice while it lasted...Traffic here increased by about 30% over three days last week after Facebook slipped up and allowed a link to one Ethics Alarms—it violates Facebook community standards, don’t you know— post to be circulated on among users.

2. Here’s a poll on the previous post, about a controversial joke related to the Texas governor’s disability that was made by a female judge. Governor Abbott has been in a wheelchair ever since he was struck by a falling tree almost 40 years ago. Noting that Texas Republicans have opposed proposed environment-minded legislation, “even local tree ordinances,”  the judge quipped to her partisan Democratic crowd, “Governor Abbott hates trees because one fell on him.”

While we’re on the subject of polls, the Ethics Alarms readers were strongly opposed to the course of action discussed here, here, and here, with about 88% holding that a Swedish man should not have allowed a doctor to euthanize his sister despite her past consent to the procedure, because she was resisting.

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Comment Of The Day: “The Euthanasia Slippery Slope: A Case Study”

 Ethics Alarms master commenter Mrs. Q has the highest ratio of Comments of the Day to comments of any of the erudite participants here. If she would consider it, I’d love to feature her ethical musings in a regular column on the blog. This is the first of two Mrs. Q compositions you will see this weekend; it concerns the issues of euthanasia and consent, which were explored in twoposts this week, and a poll. Regarding that: here is the still live survey regarding the hypothetical I posed in this follow-up to the one about the Dutch doctor:

As you can see, those supporting the opposite position of Mrs. Q (and me) are in a distinct minority.

Here is Mrs. Q’s Comment of the Day, a reply to another commenter,  on the post, “The Euthanasia Slippery Slope: A Case Study.”

My God fearing Catholic grandma had the opposite response to yours. She was 102 & 7mo. and after breaking her hip it was too late to even think of surgery. She continued to weaken & lose weight yet she fought by drinking milkshakes & trying to greet her many family/visitors.

Before she got to this point a few years prior, her care coordinator somehow changed her directive to DNR, which as a Catholic she wouldn’t have agreed to, yet this person tried to convince the family that my grandma said yes to the change. If my family hadn’t checked the paperwork, my grandma’s incorrect and unauthorized change would have remained; however our family changed it back. My understanding is such acts are not uncommon in these facilities.

Fast forward to her last days. She was increasingly given higher doses of morphine & we weren’t allowed to even give her sips of water, though she was clearly thirsty. Her last words ever spoken while she gripped onto me, and heard by everyone in the room were “I don’t want to die.” She didn’t want to go and the nursing home was killing her and she knew it.

I still feel complicit in her death, as I tried to “go along” with staff who I assumed knew best. Continue reading

Addendum: To “The Euthanasia Slippery Slope: A Case Study,” Hypothetical And Poll

The Euthanasia Slippery Slope: A Case Study, this morning’s post, has attracted a wider range of opinion than I expected. I considered attaching a poll to the original post; now I’m going to go a step farther, and base that poll on a hypothetical of the kind that I use in my legal ethics seminars.

Speaking of those, on Tuesday, September 17, in Richmond, VA, and Wednesday, September 18, in Fairfax, VA, I’ll be presenting  “The Greatest Legal Ethics Seminar Ever Taught!” for three hours of legal ethics CLE credit to Virginia lawyers and others. The title reflects, other than my own warped sense of humor (“The Greatest Story Ever Told” is one of the worst movies I’ve ever seen), the fact that the legal ethics hypotheticals being discussed cover what I have found to be many of the most contentious, fascinating legal ethics issues extant over 20 years of doing these things. Moreover, I am being joined by my friend and colleague, John May, who approached these issues from the perspective of a practical litigator as well as one who often defends lawyers accused of ethical improprieties. He’s also one combative and clever pain in the ass who loves disagreeing with me, so I recommend bringing popcorn. The details are here.

Now here’s your hypothetical:

Continue reading

Comment of the Day Trio: “Principled Or Betrayer: Pete Buttigieg’s Brother-In-Law, Pastor Rhyan Glezman”

I won’t make a habit of this, I promise: a Comment of the Day deserves its own post. However, the comments on the question of whether Mayor Buttigieg’s brother-in-law was crossing ethical lines or not by making an inter-family disagreement into media fodder have been uniformly excellent, and bundling the three of moderate length coming up makes sense to me.

Incidentally, the polling shows a real split of opinion, but 59% agree on the basic question: they feel the pastor was ethical. (I’m still not sure about that.)

Here’s the poll so far…

The first of the trio of Comments of the Day on “Principled Or Betrayer: Pete Buttigieg’s Brother-In-Law, Pastor Rhyan Glezman” comes from James M….

As a pastor, Pastor Ryan Glezman has an obligation to attempt to resolve his conflict with his brother-in-law in a way that respects Biblical teachings. (If he doesn’t respect the wisdom of the Bible, he’s probably in the wrong line of work…)

Fortunately, the Book of Matthew, Chapter 18, has some straightforward instruction for dealing with such conflicts. Since both profess to be believing Christians, they are “brothers”, and Matthew’s Gospel gives clear direction:

Verses 15-17:
15 “If your brother or sister sins, go and point out their fault, just between the two of you. If they listen to you, you have won them over.
16 But if they will not listen, take one or two others along, so that ‘every matter may be established by the testimony of two or three witnesses.’
17 If they still refuse to listen, tell it to the church; and if they refuse to listen even to the church, treat them as you would a pagan or a tax collector.

Pastor Glezman has expressed his concern that Pete Buttigieg’s frequent forays into Biblical interpretation pose a risk of leading others astray. He didn’t go public over this right away: Mayor Buttigieg has been bloviating about what he thinks Christians should do for quite some time now. Based on that, I’d guess that the pastor has already attempted to privately address the issue with his brother-in-law, and has now moved to treating him as if he were “a pagan or a tax collector”.

Since Chapter 18 gives dire warnings to us all not to cause others to stumble in their faith, Pastor Glezman has ample cause for his concern. Pete Buttigieg’s religious pronouncements do pose a risk of misleading others.

The chapter also emphasizes the vital importance of practicing forgiveness and grace when we deal with others. Now, some people think that means that Christians need to let bad actors continue to cause problems, “turning the other cheek” and “going the extra mile”. That is only part of the truth. Our obligation as Christians includes helping bad actors to understand whatever they’re doing wrong and repent of doing it. We’re not doing a bad actor any favors if our compliance leads him to continue screwing up. We need to approach the problem with love for the bad actor, but we may also cause the bad actor significant heartburn if that’s what it takes to deal with their behavior.

Next is first time commenter Barbara Ravitch. I love when a new commenter enters with such a high-level splash, and with some recent defections and unexplained disappearances, the Ethics Alarms binders full of women could use some replenishment.

Here is her Comment of the Day: Continue reading