President Donald J. Trump

Lunchtime Ethics Appetizer, 6/3/2019: Self-Censorship, Trump’s Ridiculous Jumbo, Turley On Mueller, And A College Ranking Scandal [Updated]

/ Jack Marshall / 15 Comments

Bon Appettit!

1. To self-censor or not to self-censor. Right after expressing here my dilemma about whether to risk political and partisan backlash by raising current, important and legitimate legal ethics issues from the Mueller investigation, there were a flurry of articles and podcasts about the dangers of self-censorship in a climate where Americans are being systematically intimidated from opposing the Woke Collective. This is a classic ethical dilemma, with ethical considerations like integrity, duty, citizenship, honesty and responsibility, are opposed by non-ethical considerations, like keeping one’s job, paying the bills, and not being cast as a pariah in one’s profession.

I was also reminded of my problem by Instapundit referencing today an old  Washington Post article about Mao’s mass murders. My company lost a lucrative sexual harassment training deal after two Chinese nationals (that I did npt know were in the audience) too offense at a tangential comment about Mao’s exterminations dwarfing those of Hitler and Stalin  (but not Darth Vader). Both contacted me and demanded apologies, claiming that it was Western propaganda and that the Great Leader had “only” executed millions out of necessity. I refused (I know I have mentioned this before here) and said I was sincerely sorry they had been subjected to cultural influences that had warped their ethics, and that if I had been aware that this was a sensitve topic to anyone in the audience, I would have omitted the reference. Having spoken the truth, however, I was not going to deny or apologize for it.

“Why didn’t you just apologize?” my client asked. And I was reminded of the moment in “1776” when a royalist in the Continental Congress asks Jefferson why he called King George “a tyrant” in the Declaration. “Because he is a tyrant,” Jefferson answers.

I’m an ethicist, I said. I’m not going to whitewash the massacre of 45-60 million people because someone is offended by the truth.

That was the end of that contract…

2. The President issues a Jumbo. Why does he do things like this? I have no idea. It si the political equivalent of pushing a pie into his own face. In an interview with the British tabloid, The Sun tabloid, Trump responded to a query about his reaction to  Megan Markle’s statement  that he is a “misogynist” and her suggestion that “she’d move to Canada if you got elected; turned out she moved here.” He said, “Well, a lot of people are moving here, so what can I say. No, I didn’t know that she was nasty.”

Of course Trump was attacked for saying that to a British newspaper—it was racist, it was an insult, the usual. Of course the President shouldn’t stoop to personal swipes at anyone; on the other hand, that’s what he does when he is attacked himself.  “Tit for Tat” and “doing unto others as they did to you” are part of Trump’s “ethics.” Can’t we stipulate this by now? Can’t TRUMP stipulate it at this point?

Then he tweeted, “I never called Meghan Markle ‘nasty.’ Made up by the Fake News Media, and they got caught cold! Will @CNN, @nytimes and others apologize? Doubt it!” He did this knowing that the Sun had his statement recorded, and sure enough, the paper  released the audiotape.

See, the idea behind Jimmy Durante saying “Elephant? What elephant?” when caught stealing the biggest pachyderm in the world in a musical comedy is that it’s obviously desperate and ridiculous, and intended to be funny.

This is just self-destructive, disturbing, and really, really stupid.

3. Jonathan Turley on Mueller. The George Washington Law prof has consistently been a voice of reason and objectivity reagarding the Mueller investigation. He has recently written two excellent columns on Mueller’s public statement, here, and here.

Greg should send them to his ex-friend.

4. Why is this more damaging to a school than, say, falsely instructing students about justice, the right to representation, and due process?

From TaxProf Blog: “University Of Oklahoma Inflated Its Alumni Giving Data For 20 Years, U.S. News Strips Its #127 Ranking”

The University of Oklahoma admitted to  U.S. News that it had inflated its alumni giving data since 1999, which affects its placement in the National Universities, Best Value Schools, Top Public Schools, Best Colleges for Veterans and A-Plus Schools for B Students rankings and lists. For the 2019 Best Colleges rankings, the University of Oklahoma originally reported its two-year alumni giving rate at 14 percent. The school informed U.S. News the correct value is 9.7 percent. The average alumni giving rate has a weight of 5 percent in the Best Colleges ranking methodology.

And now,

A former OU student has filed a class action lawsuit against the University of Oklahoma as a result of the university being stripped of its U.S. News & World Report ranking. [Gretzer v. Oklahoma, No. 19-490 (W.D. OK May 28, 2019]

The lawsuit, which was filed May 28 on behalf of former OU student Elani Gretzer and all OU undergraduate students since 1999, alleges the university broke contract by providing false alumni giving data to U.S. News & World Report, inflating its ranking in U.S. News & World Report’s “Best Colleges” ranking as a result.

The lawsuit alleges the U.S. News & World Report’s ranking of the Price College of Business was a “material factor” in Gretzer’s decision to enroll at OU. … The suit is also filed on behalf of an estimated minimum of 350,000 people — all OU students who have enrolled since 1999, the year in which OU has admitted it began providing false information to U.S. News & World Report.

Morgan Cloud (Emory) & George Shepherd (Emory), Law Deans In Jail, 77 Mo. L. Rev. 931 (2012):

A most unlikely collection of suspects — law schools, their deans, U.S. News & World Report and its employees — may have committed felonies by publishing false information as part of U.S. News’ ranking of law schools. The possible federal felonies include mail and wire fraud, conspiracy, racketeering, and making false statements. Employees of law schools and U.S. News who committed these crimes can be punished as individuals, and under federal law the schools and U.S. News would likely be criminally liable for their agents’ crimes.

Some law schools and their deans submitted false information about the schools’ expenditures and their students’ undergraduate grades and LSAT scores. Others submitted information that may have been literally true but was misleading. Examples include misleading statistics about recent graduates’ employment rates and students’ undergraduate grades and LSAT scores.

U.S. News itself may have committed mail and wire fraud. It has republished, and sold for profit, data submitted by law schools without verifying the data’s accuracy, despite being aware that at least some schools were submitting false and misleading data. U.S. News refused to correct incorrect data and rankings errors and continued to sell that information even after individual schools confessed that they had submitted false information. In addition, U.S. News marketed its surveys and rankings as valid although they were riddled with fundamental methodological errors.

One question: why isn’t Harvard’s ranking being lowered? I suspect that it’s because maleducating students and systematically undermining American values and civil rights isn’t included in the criteria.

It should be.

Memorial Day Ethics Warm-Up, 5/27/19: Gee, Can We Celebrate Those Who Die For Our Nation And Not Be “Nationalist”?

/ Jack Marshall / 26 Comments

 

This, of course, was my father’s favorite Sousa march; he once mortified my mother by standing and doing a parade ground march routine on the Mall when they played it on the Fourth of July. You knew it has words, right?

1. Nah, there’s no mainstream media confirmation bias! Political scientist Time Magazine columnist and Donald Trump critic Ian Bremmer intentionally tweeted as fact a fake Donald Trump quote:

“Kim Jong Un is smarter and would make a better president than Sleepy Joe Biden.”

Immediately, the quote was picked up on social media by the Trump Deranged, mainstream media pundits, and some elected officials. Here’s ridiculous CNN contributor Ana Navarro, who exists on the network solely to attack the President as a “Republican”:

“Don’t shrug your shoulders. Don’t get used to this insanity. The President of the United States praising a cruel dictator who violates human rights, threatens nuclear attacks, oppresses his people, and kills political opponents, IS NOT FREAKING NORMAL.”

Note she also gets in one of the top anti-Trump Big Lies, that the President is “abnormal.”

Bremer’s quote was retweeted thousands of times, until he admitted that he made it up. This is using the web to spread falsehoods. He should be banned from the pages of Time and dismissed as an analyst and a pundit.

Incredibly, Ann Althouse defended the lie as satire, writing,

“Stupid of journalists and congressmen to retweet it as an actual quote, but there’s nothing wrong with “fabricating” it. Are we so humor deaf that we’re going to start denouncing comedians as liars?”

Ann needs an ethics check-up. There’s nothing funny about lying in a setting where many will believe you, whether the liar is a comedian or not. Nor was the quote humorous. Bremer was doing exactly what the unethical hoax news sites do when they deliberately publish fake news in a style and manner designed to fool people into believing it.

I guess we can’t assume that what Ann states as fact is true either. It might be “satire.” Continue reading →

The Incredibly Stupid But Nonetheless Revealing Nancy Pelosi Video Ethics Train Wreck

/ Jack Marshall / 13 Comments

Seldom does a news story I deem too predictable and silly to warrant posting about suddenly explode into a full-fledged ethics train wreck, but this time, it did. President Trump apparently couldn’t resist the irony of Speaker Pelosi calling for “an intervention” for him in one of her typical rambling, halting, disturbing performances, and tweeted “PELOSI STAMMERS THROUGH NEWS CONFERENCE” along with a video.

This was, of course, both juvenile, petty and typical conduct by the President. At this point, I don’t see how anyone can get upset about it, be surprised by it, or pretend to be outraged by it. Doing so is one more marker of Trump Derangement: yes, we KNOW you hate the man and can’t stand his manner, manners, and mannerisms. These were a matter of record years before he was elected. Anyone who voted for him knew the was part of the package. What possibly is accomplished by railing about it now?

“The man’s an asshole! No, really, look, he really, really is an asshole! Don’t you see? HE’S REALLY AN ASSHOLE!!!!” We see, for God’s sake. We’ve always seen. Shut up! [See: The Julie Principle.]

Now, if Donald Trump were 14, or not President of the United States and obligated to be a role model and epitome of dignity and rectitude, one could sympathize with this latest example of tit-for-tat payback. Pelosi accused him of a “cover-up” because he has chosen not to cooperate with Democrats looking for things—something, anything— to impeach him with. This is the three year old “we know you must have done something horrible because you are horrible,” guilty until proven innocent smear that the “resistance” has used from the moment Trump was elected to try to undermine his Presidency in an  undemocratic, slow-motion coup unlike anything the nation has endured before. Then she made her “intervention” comment. Of course the President resents it and is furious, and he has never denied that his personal ethics code demands that he strike back when he is attacked. No, it isn’t ethical, admirable or Presidential. But it’s him.

The Speaker was also crossing lines of decorum that shouldn’t be crossed, but that horse not only left the Democratic barn long ago, it has traveled cross-country, mated repeatedly, and has nasty, mean-spirited, hateful colts galloping all over the place. One of Trump’s gifts is making his enemies behave worse than he does, and the Democrats and the “resistance” have taken the bait and asked for more, the fools. All they had to do was to take the high road, speak respectfully but sadly about the President’s transgressions, stick to the facts, and refrain from name-calling and ad hominem attacks. Like the man on the ledge heeding “Jump!” chants, they chose to follow the worst of their supporters’ demands instead, proving, of course, that they were no better than the President, and, I would argue, worse. Continue reading →

Ethics Quiz: Pardons For War Criminals?

/ Jack Marshall / 40 Comments

Reports are circulating that the President may be planning on issuing pardons to several high-profile servicemen accused of various war crimes during the conflicts in Iraq and Afghanistan. He has requested expedited paper work and files on several cases, presumably aiming for announcements on Memorial Day.

From the New York Times:

One request is for Special Operations Chief Edward Gallagher of the Navy SEALs, who is scheduled to stand trial in the coming weeks on charges of shooting unarmed civilians and killing an enemy captive with a knife while deployed in Iraq.

The others are believed to include the case of a former Blackwater security contractor recently found guilty in the deadly 2007 shooting of dozens of unarmed Iraqis; the case of Maj. Mathew L. Golsteyn, the Army Green Beret accused of killing an unarmed Afghan in 2010; and the case of a group of Marine Corps snipers charged with urinating on the corpses of dead Taliban fighters.

Continue reading →

Bulletin: The GOP Has No Ethical Obligation To Undermine Its Own Chances Of Winning

/ Jack Marshall / 11 Comments

Poor Chester. Never had a chance…

The Republican National Committee is being criticized for announcing that it will be holding no debates and no primaries for the upcoming GOP Presidential nomination process. That means, naturally, that the Republicans are planning on re-nominating President Donald J. Trump, as they should.

Every one-term President should be presented to the American people for their verdict regarding whether they want him to continue after four years in office. Since that is the case, there is no justification for holding a competition for the nomination that wastes time, money, and creates division in the party.

In the 21st Century, a sitting President seeking a second term will be renominated. The last time a President who wanted to serve a second term was denied the nomination was in 1884, when the Republican Party denied the nomination to President Chester A. Arthur, and a) he had not been elected (as Vice -President, he became President when Garfield died from the incompetent medical treatment he received for what should have been a non-lethal  bullet wound and b) was dying anyway. Since then, no sitting President who wanted to continue in office has been denied the chance to try. Continue reading →

Morning Ethics Warm-Up, 5/9/2019: Incompetence Parade!

/ Jack Marshall / 32 Comments

Good Morning!

1. Here, as if objective observers needed any more, is the definitive proof of what a dishonest, untrustworthy, biased partisan hack New York Times columnist Paul krugman is. Do present this to any of your Krugman-worshiping Facebook friends. I’m dying to hear their best spin attempts. It should be hilarious.

Yesterday, Krugman tweeted  a photo of the President awarding Tiger Woods the Presidential Medal of Freedom , and wrote,

I’m old enough to remember when Presidential Medals of Freedom were given for showing courage and making sacrifices on behalf of the nation and the world. Tiger Woods … hits golf balls for money.

Washington Free Beacon editor Andrew Stiles quickly compiled this partial list of recipients of the honor during Obama’s Presidency:

  • Michael Jordan
  • Kareem Abdul-Jabbar
  • Meryl Streep
  • Steven Spielberg
  • Robert Redford
  • Robert De Niro
  • Tom Hanks
  • Yo-Yo Ma
  • Bob Dylan
  • Stevie Wonder
  • Gloria Estefan
  • Barbara Streisand
  • James Taylor
  • Diana Ross
  • Bruce Springsteen
  • Warren Buffett
  • Tom Brokaw
  • Lorne Michaels

What does this teach us about Krugman? Well, let’s see…

—He doesn’t check his facts before shooting off his metaphorical yap.

—He is so biased against the President that his judgment is untrustworthy and useless except to anti-Trump fanatics.

—He flagrantly endorses double standards, condemning one President he hates for the exact conduct that he found unobjectionable from a President he supported.

—He’s an idiot. Any pundit with multiple brain cells firing would hesitate to set himself up for ridicule like this, and would automatically make sure his complaint was supported by reality.

—This is the quality of columnists the New York Times employs. Continue reading →

Morning Ethics Drill, 5/7/19: Unethical Headlines, A Missing Coffee Cup, And A Comment Of The Day

/ Jack Marshall / 22 Comments

A morning that begins with a trip to the dentist and a referral to an oral surgeon can’t be good. Sorry.

And now I see that without warning or explanation, WordPress has removed its spellcheck feature. I’m sure those of you who are sick of my typos will appreciate THAT…

1. Stop making me defend Anderson Cooper, sort of! Here’s a cheap shot Fox News headline:

Anderson Cooper denies he’s ‘on the left,’ then rips Trump for tweeting about Kentucky Derby

Well, I’m also not on “the left” (Cooper is, of course), and I’m going to rip the President for tweeting his opinion on the Kentucky Derby, without even getting into the fact that his opinion was ill-informed and stupid.

As I wrote more than once during the Obama administration, the President is not the national arbiter of everything, and should keep his opinion to himself unless it directly and clearly involves the national interest. President Obama had a proclivity for injecting himself into controversies large and small, from the Trayvon Martin shooting to picking brackets for the NCAA college basketball tournament.  I wrote in this post,

This can no longer be called a rookie mistake, like the Prof. Gates arrest affair. President Obama has now had plenty of time to absorb the fact that the President does not have a blank check to insert himself into every local controversy and use his office to sway public opinion and the conduct of others regarding matters outside his responsibilities. Still, he continues to do it. It may seem trivial at first: the President gave an interview on TNT in which he pointedly suggested that NBA superstar LeBron James consider the Chicago Bulls as he faces free agency.  After weighing in on the most important things for James to seek from his current team, the Cleveland Cavaliers, if he was going to stay there, the President said, “You know, like I said, I don’t want to meddle. I will say this: (Derrick) Rose, Joakim Noah it’s a pretty good core. You know, you could see LeBron fitting in pretty well there.”

Now, I don’t care what Cooper thinks of Trump’s meddling in matters that don’t concern him if the CNN anchor didn’t have the integrity to knock Obama for doing the same thing, and repeatedly. Still, Anderson was on the right track—finally—to say, as he did,

“The president of the United States seems to have a lot of time on his hands And he can’t even stand some horses getting uninterrupted airtime. He’s got to be a part of every frickin news cycle. He can’t help himself!”

(I guess “frickin” is now considered professional lexicon at CNN. Stay classy, Anderson!)

Less defensible was this comment: Continue reading →

Morning Ethics Warm-Up, 4/29/2019: The White House Correspondents Dinner, Robert E. Lee, And The Boy Scouts

/ Jack Marshall / 42 Comments

Good Morning!

1. “You’re a coward for not letting me abuse you…” Politico has a useful review of how the White House Correspondents Dinner got to where it was last night…a largely and appropriately irrelevant event brought low by its organizers hubris, conflicts of interest and arrogance. Blaming President Trump for the dinner’s fall, as Politico, Brian Stelter and others have had the gall to do, is ludicrous. Nobody with a shred of common sense would subject themselves to the kind of mean-spirited and personal attack Trump was guaranteed to receive from whichever leftist comic character assassin the WHCD hired to eviscerate the President and his family. Indeed, the President had an obligation to protect his office from having its occupant denigrated in public.

Here is an example of the kind of respect and witty repartee the President, his staff and family could have expected from the night’s entertainment—this is Sandra Bee last night, in her alternative to the dinner, presented on TBS…

“There are so many things you could say about the president: that he’s vicious, vindictive, stupid, unattractive, unloved, and will die alone, but what can we say that Melania hasn’t already said?” cracked Bee. “So tonight, I really want to focus on what a fucking coward he is. Imagine being the most powerful man in the world and you can’t listen to a comedian razz you for five minutes? Barack Obama did it, George W. Bush did it…”

I have to stop here. Bee is lying: neither Obama nor Bush were ever insulted personally in the manner that Michelle Wolf attacked Trump’s staff last year, and would have surely attacked him. When Stephen Colbert was deemed by objective observers to have breached the alleged spirit of the dinner–professional good will and respect—with his partisan attack on George W. Bush in 2006, his much criticized routine was nowhere near what President Trump would have faced. Obama–that’s hilarious. Obama was surrounded by sycophants and worshipers at the dinner; no joke at his expense in eight years was anything worse than gentle needling. More Bee… Continue reading →

Unethical Proposal, But The Reaction Was Worth It…And Maybe That Was the Idea

/ Jack Marshall / 33 Comments

“Mr Gallagher, are you that smart?”
“You’re damn right he is!”

Once again, President Trump brings us utilitarianism at its best and most brutal, and perhaps trolling at its most refined.

The White House apparently has discussed sending illegal immigrants  and dubious “migrants” to sanctuary cities. A Washington Post story described this as “targeting political foes” :

White House officials have tried to pressure U.S. immigration authorities to release detainees onto the streets of “sanctuary cities” to retaliate against President Trump’s political adversaries, according to Department of Homeland Security officials and email messages reviewed by The Washington Post.

Trump administration officials have proposed transporting detained immigrants to sanctuary cities at least twice in the past six months — once in November, as a migrant caravan approached the U.S. southern border, and again in February, amid a standoff with Democrats over funding for Trump’s border wall.

If true, and since the Post is reporting it, who knows if it is, the proposal is unethical, however diabolically amusing. The national government cannot and must not pick and choose among the states, cities and citizens: all must be treated equally, even those, like the sanctuary cities, that are asking to be slapped down. The idea is redolent of Chicago local politics. or the prime of Washington’s Mayor Barry, who somehow managed to see that the roads in Republican districts stayed snow-bound long after Barry-supporting districts got plowed.

However, nothing about the fact that the White House may have wanted to play games with illegal immigrants in the face of Democratic refusal to help him enforce our laws is either surprising or substantive. The reaction of the President’s foes, however, is useful intelligence. If this was ploy launched to make Democrats and others reveal their real attitudes and monumental hypocrisy, boy, did it work. Continue reading →

Sunday Ethics Warm-Up, 3/31/2019: The NCAA Tournament, Colbert, Chris Rock, And Bullshit

/ Jack Marshall / 11 Comments

Good Afternoon!

I’ve been thinking a lot about my Dad for some reason, and that was his favorite hymn. It’s an Easter hymn, but our church always had the choir sing it on the special spring service. My unusually musically talented friends knocked it out of the park at my father’s funeral service at Arlington National Cemetery. It also has the advantage of being composed by Arthur Sullivan, just like “Onward Christian Soldiers!” and “Tit Willow.”

1. Fill out your brackets, and enable corruption. It’s the NCAA tournament again, and again, helping the schools and the NCAA and the networks make money off of the destructive and corrupt culture of big time college basketball is ethically indefensible. The New York Times wouldn’t go so far as to say that, but it did recently write about the dissonance, beginning,

Every March, millions of Americans fill out brackets (more than 40 million people, by one count), cheer the underdogs and tune in on television. Others buy tickets to the games, wear jerseys of their favorite teams and let wins and losses dictate their mood. Yet fans who follow college basketball closely know about the game’s intractable relationship to corruption. Even many who come just for March Madness must know that the real madness is not always on the court.

A wide-ranging and fear-inducing F.B.I. investigation into college basketball recruiting continues to ensnare big-name colleges and little-known crooks. It is why Louisiana State, for example, is playing without its head coach, Will Wade, and why Auburn recently had an assistant coach suspended and a former assistant plead guilty of conspiracy for accepting bribes.

This week, the lawyer Michael Avenatti was charged with trying to extort up to $25 million from Nike in exchange for concealing information he had about illicit payments to recruits. He has since revealedsome allegations on Twitter….

The Times doesn’t bother to go into the related problem of how basketball distorts academic goals, sucks away resources that should be used for education, and usually leaves its athletes no better educated than they were when they arrived. As you might expect, the Times’ writer is too ethically incompetent to provide and enlightenment. For example, he quotes one ethicist as saying, “…Someone thinks, ‘Gosh, this is unethical, but I love it so much, and my friends and I have such a good time rooting and cheering that I’m going to participate anyway.’” That description could also be used to justify gang rape. Can we have a little nuanced clarification? Then the Times writer, John Branch, offers these ill-devised analogies:

“Such internal debates permeate our culture. Is it O.K. to dance to a Michael Jackson song, to laugh to a Louis C.K. joke, to watch a movie produced by Harvey Weinstein? To cheer for football knowing what it may be doing to players’ brains?”

Let’s see: wrong, wrong,wrong, and…right.  1 for 4.

A Michael Jackson song isn’t corrupt, or unethical: it’s art. He’s dead: dancing to the song does not enable the misconduct. A joke is a joke regardless of who tells it, and again, laughing at a C.K. joke doesn’t make it more or less likely that he’s going to masturbate in front of a female colleague. Workplace misconduct doesn’t taint the work product, and nobody has claimed that movies themselves are culturally corrupting, or that Weinstein’s films harmed the actors in them.  Cheering for football is a legitimate comparison, because the sport itself is the problem, just like college basketball itself is the problem.

Continue reading →