President Donald J. Trump

Ethics Observations On The Michael Cohen Raid

/ Jack Marshall / 175 Comments

The FBI raided the Rockefeller Center office and Park Avenue hotel room of Michael D. Cohen, President Trump’s longtime personal lawyer, seizing business records, emails and documents related to several matters, including  payments to porn star Stormy Daniels.

What’s going on here?

Your guess is as good as mine. The options are endless. Today, for example, the New York Times is reporting that the raid was in part to find records related to the infamous, Billy Bush “Access Hollywood” tape  where Trump made his pussy-grabbing comments, according to the typical New York Times anonymous sources. What could that possibly have to do with Russia and its efforts to interfere with U.S. elections? Why would that material justify a raid on the President’s lawyer? The FBI also sought documents related to payments Cohen facilitated made to two women who claim they had affairs with Trump, Karen McDougal and Stephanie Clifford, as well as information on the role of the publisher of The National Enquirer in silencing the women. The raid could be a desperation fishing expedition. It could be part of an effort to intimidate Trump’s lawyers. It could be a sign that there is evidence of actual criminal activity that Cohen was covering up on behalf of his client. It could be the last-ditch effort by a corrupt FBI and Justice Department to bring down a President before he can bring them down.. Anyone who claims to understand this unusual tactic by Special Prosecutor Mueller is engaging in confirmation bias, and risking looking like a biased fool.

Observations: Continue reading →

Morning Ethics Warm-Up, April 11, 2018: Caesar’s Wife At The EPA, Idiots On The Air, And Dreamers Demanding Discounts [UPDATED]

/ Jack Marshall / 26 Comments

Good Morning!

1. Forgetting to heed the “Caesar’s wife” Principle. Whatever one may think about EPA head Scott Pruitt’s controversial policy directions as head of the environmental agency, all ought to be able to agree on this: he’s an idiot.

Here is a cultural literacy test: How many Americans under the age of—what, 45? 60? 104?—know what the term “like Caesar’s wife” means? When you have a target painted on your back because you are taking positions that are guaranteed to be anathema to powerful critics, like the news media, you are “like Caesar’s wife.” This should communicate something to you. In 63 BC, Julius Caesar, a man on the rise, was elected to the position of the Pontifex Maximus, the chief priest of the Roman state religion. The next year, his wife Pompeia hosted the festival of the Bona Dea (“Good Goddess”) in which no man was allowed to participate, at Caesar’s official residence. Publius Clodius Pulcher, a  rash young patrician, snuck into the celebration disguised as a woman, allegedly to seduce Pompeia. He was caught, prosecuted ( not for trying to shag Caesar’s wife but for the crime of sacrilege), and ultimately  acquitted. Nevertheless, Caesar divorced Pompeia, saying, “My wife ought not even to be under suspicion.”  Thus was born the saying, once well-known to educated individuals, that “Caesar’s wife must be above suspicion.”

Either Pruitt doesn’t know the reference, or doesn’t understand it. He has made himself vulnerable and a political liability to the Trump administration by the kind of grubby ethics violations so many of the administration’s recruits from the corporate world have engaged in. (And what does this tell us about that culture?)

David J. Apol, acting director of the Office of Government Ethics, sent  a letter this week to Kevin Minoli, the EPA’s  top ethics official,  asking the agency to take “appropriate actions to address any violations.”

Among the issues raised were Pruitt’s $50-a-night rental  of a Capitol Hill condominium from the wife of an energy lobbyist (This may not have been market value, the letter speculates, raising the question of whether it was a gift, aka “bribe.” Ya think? You can’t rent a decent garden tool shed for 50 bucks a night…), Pruitt taking an excessive number government-funded flights home to Oklahoma and back (He’s about the 78th Trump official to be caught doing this kind of thing—do these guys read the newspapers?), and worst of all, reports that agency staff members who raised concerns about these and other actions creating “the appearance of impropriety”  found themselves transferred or demoted.

“The success of our government depends on maintaining the trust of the people we serve,”wrote Apol. “The American public needs to have confidence that ethics violations, as well as the appearance of ethics violations, are investigated and appropriately addressed.”

Why yes! And anyone who holds high government office is supposed to know that. Anyone holding high government office in this administration, which is in the position of the thug sprung from police lock-up on a technicality to which an angry detective says before he strolls out the door, “If you so much as spit on the sidewalk, I’ll be there to pick you up,” should know that especially. When they are gunning for you, you have to be like Caesar’s wife.

The President should fire Pruitt for these flagrant abuses. He won’t, because he literally doesn’t think ethics matter. I wonder if he thinks stupidity and unrestrained arrogance matter… Continue reading →

Morning Ethics Warm-Up, 4/6/2018: The Good, The Bad, And The Ugly

/ Jack Marshall / 34 Comments

Gooooood Morning!

1. From the Moral Luck files:

What you just saw is a bald eagle landing on Seattle Mariners starter James Paxton’s shoulder during the National Anthem before yesterday’s Mariners-Twins game.  Here’s a closer look…

The eagle got confused: it is supposed to go to his trainer, in one of the more spectacular Anthem displays that has ever been devised: I’ve seen this performance several times.  After the game, Paxton was asked why he didn’t try to escape. His answer:

“I’m not gonna outrun an eagle, so just thought, we’ll see what happens.”

Heck, he had already endured the horror of Dessa’s incredibly off-key rendition of “The Star Spangled Banner,” what’s a mere bald eagle attack? Seriously, Paxton’s quote is an ethics guide: Don’t panic, don’t act on emotion, assess the situation, see what happens, and act accordingly. Of course, the fact that this strategy worked out well helps: if the eagle had ripped his eyes out, everyone would be saying Paxton was an idiot not to run.

How I would have loved to see this happen to Colin Kaepernick!

2. How the President gets himself into ethics trouble. I just watched a clip of Trump speaking yesterday about California’s sanctuary cities. “The thing is that these cities are protecting bad people,” he said, with emphasis. Naturally, this will be characterized as racism. It’s not racism, however. The statement is just overly simplistic, and exacerbated in its inflammatory elements by the President’s rudimentary vocabulary, in which the only operable adjectives appear to be great, bad, horrible, wonderful, terrible, sad, and a few more. It is impossible to communicate about complex issues competently and fairly with such meager tools. Illegal immigrants have broken our laws and willfully so. That is not good, but it does not make all of them bad people….though many are. Continue reading →

Sunset Ethics, 4/5/2018: Sinclair, Opening Day Ethics, “The Crown” Ethics, And Fake News, Of Course.

/ Jack Marshall / 41 Comments

Did everyone have a nice day?

1.  On the Sinclair broadcasting controversy. I was completely unaware of this, and Sinclair itself, until a couple of jerks accused me of cribbing my criticism of mainstream media bias from the company’s supposedly outrageous public statement. For the record, I don’t appeal to authority, and I make my own arguments. If other entities or pundits happen to reach the same conclusions, that’s to their credit. Go accuse them of following me. When a particular position stated by someone else strikes me as persuasive, I’ll credit the source.

Here is the script that Sinclair required the news anchors of its many local stations across the country. To save time, I’ll interject in BOLD…

“Hi, I’m(A) ____________, and I’m (B) _________________…

(B) Our greatest responsibility is to serve our communities. We are extremely proud of the quality, balanced journalism that XXXX News produces.

(A) But we’re concerned about the troubling trend of irresponsible, one-sided news stories plaguing our country. The sharing of biased and false news has become all too common on social media.

True. There is no denying this, and while the left-wing news media denies it as part of refusing to reform and do its job objectively and responsibly, the fact that the entity correctly framing the reality of U.S. journalism today is a conservative one does not alter the truth. Any news organization could have, and should have, sponsored the same statement.

(B) More alarming, some media outlets publish these same fake stories… stories that just aren’t true, without checking facts first.

This is also undeniable. The truth hurts. Tough.

(A) Unfortunately, some members of the media use their platforms to push their own personal bias and agenda to control ‘exactly what people think’…This is extremely dangerous to a democracy.

Completely accurate. It is terribly dangerous, and for a recent egregious example, look no further than the coverage of the anti-gun movement following the Parkland shooting.

(B) At XXXX it’s our responsibility to pursue and report the truth. We understand Truth is neither politically ‘left nor right.’ Our commitment to factual reporting is the foundation of our credibility, now more than ever.

If Sinclair means this, good. And that is the standard it should be held to going forward.

(A) But we are human and sometimes our reporting might fall short. If you believe our coverage is unfair please reach out to us by going to XXXX News.com and clicking on CONTENT CONCERNS. We value your comments. We will respond back to you.

How can anyone object to this?

(B) We work very hard to seek the truth and strive to be fair, balanced and factual… We consider it our honor, our privilege to responsibly deliver the news every day.

(A) Thank you for watching and we appreciate your feedback”

Since the statement is non-partisan, accurate, much-needed and one that every single news broadcast news source could and should have read to its viewers, daily if possible, there can be no valid ethical objections to it.

Deadspin, which has too many ethics problems of its own to count, attacked the statement as  america’s largest local TV owner turning its news anchors into soldiers in Trump’s war on the media.”

What utter dishonesty! As I said, and documented on the space ad nauseum, it cannot be reasonably denied that the statement’s characterization of news reporting is fair and accurate. Just because the resistances’s reviled President says something is so doesn’t mean it isn’t so, nor does his embrace of the obvious mean that to acknowledge the obvious is to support him. Deadspin then assembled a propaganda video of anchors across the nation saying the same thing, to make the process look sinister. Clever, but if you can’t see this for the misleading sliming it is,  get help. (Or, if you are NPR, get private funding.) Anyone could do the same thing with every baseball broadcaster who reads the MLB script about who owns the material in the broadcast. Anyone could do the same thing with the instructions I and many other CLE trainers read at the beginning of webinar. It can be done with the Pledge of Allegiance. Statements are scripted when it is important to have a carefully considered message communicated without variation. There is absolutely nothing improper, unethical or inappropriate about a stations owner requiring newsreaders to state the station’s mission, philosophy and basic ethical principles.

In fact, it is inappropriate not to. The howls from the Left are the very embodiment of the meaning behind the Bard’s famous line in “Hamlet” (Act 3, Scene 2 ),

The lady doth protest too much, methinks.

Except in this case, it would be, “The biased and partisan journalists who have been manipulating, hiding and distorting the news for years and hate being called on it doth protest too much.”

Methinks.

2. Another dumb “pay gap” controversy. I’m late slapping this one down. “The Crown, ” the Netflix series about Queen Elizabeth II, has been attacked by feminists, progressives and idiots—I’m sorry, but this is egregious—because actress Claire Foy, playing the Queen, was paid considerably less than co-star Matt Smith, who plays Prince Phillip.

The reason this was the case is that Foy, when she was cast, was a relative unknown, Smith, in contrast, had a ready-made fan base as one of the popular Doctors in “Doctor Who.” Thus he was worth more money to the producers in the beginning of the project. Marlon Brandon was paid much more than Al Pacino and James Caan in “The Godfather” for the same reason. This isn’t gender discrimination. This is business, specifically show business. Bigger stars get more money for legitimate and  obvious artistic and business reasons. Now there is a  petition to try to shame Smith into donating part of his salary from the series to Time’s Up.

This nonsense and gender-bullying. I needs to be sneered at and dismissed hard. Continue reading →

Comment Of The Day, Rebuttal #2: “Morning Ethics Warm-Up, 4/4/2018:…A Presidential High Crime…”

/ Jack Marshall / 9 Comments

This is the second rebuttal to my criticism of the President’s effort to use his influence and power to harm Amazon. I’m very impressed with it, but I have to give a rationalizations alert, for there are several evoked here, including, a few versions of #1, Everybody does it,” #2 A. Sicilian Ethics, or “They had it coming,” #3. Consequentialism, or  “It Worked Out for the Best” #39. The Pioneer’s Lament, or “Why should [He] be the first?,” #45. The Unethical Precedent, or “It’s Not The First Time,” and probably others.

Here is Greg’s Comment of the Day on the #2 in “Morning Ethics Warm-Up, 4/4/2018: Baseball Lies, A Presidential High Crime, And A Judge Makes A Panty Raid”:

There is nothing wrong, much less anything impeachable, about the President making valid, policy-based attacks that target specific companies, even though the attacks may “suppress the companies’ stock values.” Attacks on Standard Oil were justified, even though stockholders in Standard Oil may have suffered. Trump’s comments about Amazon are fair. In any case, there is no reason to think that his remarks were intended to drive down Amazon’s stock price and very little reason to think that they will cause any particular harm to Amazon or its stock.

Trump’s recent tweets have made three points about Amazon, all of which he has made many times before: (1) Amazon benefits from a sales tax loophole that unfairly costs states money and disadvantages brick-and-mortar retailers, (2) Jeff Bezos uses the Washington Post to lobby for the continuation of this advantage and (3) the US Postal Service undercharges Amazon and should negotiate higher rates.

Trump has been making the first two points since at least 2015. He made them repeatedly during his campaign in tweets, in interviews and in speeches. Here’s the earliest reference that I found: https://www.washingtonpost.com/news/the-fix/wp/2015/12/07/donald-trump-called-out-jeff-bezos-on-twitter-then-bezos-called-his-bluff/?utm_term=.8573b4279b6d.

Trump has continued to make both points since he became president. Here’s just one example: https://www.bloomberg.com/news/articles/2017-08-17/trump-s-bruising-tweet-highlights-amazon-s-lingering-tax-fight. His Treasury Department has been studying the sales tax issue for over a year, http://thehill.com/policy/finance/343972-mnuchin-trump-administration-is-examining-online-sales-tax-issue, and his Justice Department last month filed an amicus brief in South Dakota v. Wayfair, a case currently before the Supreme Court, arguing that the Court should close the sales tax loophole that benefits Amazon and other online retailers.

Trump has been making the third point (about USPS rates) since at least December last year. http://fortune.com/2017/12/29/trump-amazon-post-office.

None of those previous statements and actions by Trump and his administration caused Amazon’s stock price to fall. Trump could not have expected that thisweek’s tweets, repeating exactly the same points that he has made many times before, would have any effect on Amazon’s stock price.

Moreover, Trump’s tweets haven’t made any threats against Amazon and he doesn’t seem to have any intention of taking any unilateral action to hurt Amazon. To the extent that his tweets may have affected Amazon’s stock price, they most likely did that by drawing investors’ attention belatedly to genuine issues regarding Amazon’s business model, in particular the possibilities that the Supreme Court might actually close Amazon’s sales tax loophole and that the USPS might actually negotiate a better deal with Amazon. If his tweets have pointed out concerns that investors previously hadn’t given proper weight, then he has done a valuable service for the markets. If these concerns turn out to be unjustified, then Amazon’s stock price will soon recover and Trump’s tweets will have done no harm. Continue reading →

Comment Of The Day, Rebuttal #1: “Morning Ethics Warm-Up, 4/4/2018:…A Presidential High Crime…”

/ Jack Marshall / 5 Comments

Is Teddy looking down from Rough Rider Heaven and smiling at Trump’s Big Tweet?

Of course, I knew suggesting that President Trump’s deliberate attacks on Amazon via Twitter was an impeachable offense would set heads a-blowing. The resulting debate has been fascinating, with interesting historical parallels being proposed. This comment, by Chris Marschner, is the first of two erudite and well argued rebuttals.

Not to hold you in unnecessary suspense, I am not convinced or dissuaded. I do not see Teddy Roosevelt’s  policy-oriented attacks on the era’s monopolies, correctly leading a movement to reform an area of widespread capitalist abuses that eventually were agreed to be criminal, with Trump’s tweeting crudely phrased animus to the public. Nor do I find Obama’s general criticism of big money lobbying efforts by energy interests in general and the Kochs in particular at the same level of abuse of power as Trump taking aim at the owner of the Washington Post,

I am a lifetime fan of Teddy, but he crossed many lines, and could have been legitimately impeached himself. As I have stated before in multiple posts, the power of the Presidency is too great to be abused with casual wielding against individuals and named businesses. As always, there are exceptions.  I’ll concede that taking on the robber barons and the monopolists in the early 20th Century can be fairly designated as one.  Chris seems to feel that there is a close parallel in Amazon’s growing power, but that’s not the case the President chose to make, instead focusing on a deal Amazon forged with the Postal Service, as much to keep the latter in business as to benefit Amazon.

Basic lessons in POTUS leadership: if you are going to cross lines of appropriate uses of  power, 1) You better be right and 2) Be Presidential about it.

Other examples, like Obama designating Massey Energy as responsible for the Upper Big Branch mining disaster before the investigation was complete, can not be so easily excused, but can be fairly labelled a mistake. (Obama made many, too many, such mistakes.) Trump’s attack on Amazon is neither as limited as Obama’s mistake, not as carefully considered and justifiable as Roosevelt’s trust-busting. I would like to see future Presidents restrained from abusing power in this way, even if it takes a trail before the Senate to do it. If we don’t restrain it, we will be sorry.

But the other side has some good arguments: by all means, read them.

Here is Chris Marschner’s Comment of the Day on the #2 in “Morning Ethics Warm-Up, 4/4/2018: Baseball Lies, A Presidential High Crime, And A Judge Makes A Panty Raid”:

I would like to point you to this in 2015:

https://www.usatoday.com/story/news/politics/2015/08/26/war-words-obama-v-koch-brothers/32423959/

“When you start seeing massive lobbying efforts backed by fossil fuel interests, or conservative think tanks, or the Koch brothers pushing for new laws to roll back renewable energy standards or prevent new clean energy businesses from succeeding, that’s a problem,” Obama said at the summit. “That’s not the American way.”

“Josh Earnest said the exchange illustrates the kind of president Obama set out to be.”

“This is exactly why the president ran for office, it’s why he ran for this office, is that for too long, we saw the oil and gas industry exert significant pressure on politicians in Washington, D.C.,” he said. And when Obama fights that influence, “the special interests, including the millionaires and billionaires that have benefited from that paralysis, start to squeal. And I guess in this case, at least one billionaire special interest benefactor chose to squeal to a Politico reporter.”

This type of rhetoric does not include Obama officials publicly stating (incorrectly and improperly) that one of the Koch brothers paid no income taxes. (http://freebeacon.com/politics/hazy-memories/)

Is it only an abuse of power when referencing specific individuals? Does it matter if you say the 1% don’t pay their fair share or is it an abuse of power only if you identify them by name?

I will concur with the Koch brothers that it is beneath the dignity of the president to go after a specific individual, but to suggest that it amounts to even a misdemeanor abuse of power is a stretch. If calling out a specific firm is an impeachable offense then why was there no call to impeach Obama when he routinely criticized and mocked Koch Industries, Fox News and others that did not line up with full throated support of his agenda.

But , Obama was not the first to chastise “punch down” on a business person. Who can forget the trust buster himself Teddy Roosevelt. JP Morgan was singled out for bad behavior. Continue reading →

Morning Ethics Warm-Up, 4/4/2018: Baseball Lies, A Presidential High Crime, And A Judge Makes A Panty Raid

/ Jack Marshall / 163 Comments

 

Wake Up!

1 Fake history, baseball style. Broadcasts of Red Sox games from Fenway Park in Boston refer to “the Pesky Pole,” the official name of the tall, yellow foul pole in right field. It is named in honer of the late Johnny Pesky, who also is honored in a statue outside the park—it featured him and his team mates and longtime friends, Ted Williams, Dom DiMaggio, and Bobby Doerr. Pesky, with a couple of brief interruptions,was a Red Sox lifer, beginning with his 1942 rookie season, and ending with his death several years ago as an honorary coach. In between, he was Sox minor league manager, the big team’s manager, a hitting coach and a broadcaster.

The Pesky Pole got its name because the notoriously power-free shortstop reputedly hit several of the few he managed to slug in his career by knocking a pitch  around the marker, which arose from  what is now the shortest foul line in baseball. The  low Fenway right field fence veers sharply out from there to over 400 feet, so such homers are considered, and indeed are, lucky flukes. During his brief and undistinguished tenure as a Red Sox radio color man, former Red Sox pitching ace Mel Parnell repeatedly told the story about how Johnny won a game for Mel in 1948 with a pole-shot. This tale led directly to the team officially naming the pole on September 27, 2006, on Pesky’s 87th birthday, with a commemorative plaque placed at its base and everything.

Afterwards, and not before, someone actually checked the game records. Pesky never hit the home run  described by Parnell. He only hit six home runs in Fenway at all, and nobody knows how many hit the pole, looped around the pole, or even went to right field. (Pop-ups hit by Punch-and-Judy hitting shortstops sometimes landed in the screen over the left field wall for home runs, as the cursed Bucky Dent can attest.) Nevertheless, the fake history is in place: the Pesky Pole is named that because Johnny Pesky hit a famous home run off of it, or was famous for looping cheap homers around it, or something.

Baseball excels at creating fake history, the most notable being represented by the locale of its Hall of Fame, in Cooperstown, New York. When the museum was envisioned, the accepted story about the game’s origin was the Union general Abner Doubleday invented the sport in 1839 and organized the first game in Cooperstown. After the construction was underway,  research suggested that everything about the Doubleday tale was rumor and myth, but baseball and the museum’s management, in one of the all-time classic examples of adopting the philosophy of the newspaper editor in “The Man Who Shot Liberty Valence,” went to great lengths to keep the original story before the public. Eventually some hard evidence surfaced suggesting that the game was invented by Alexander Cartwright, who was eventually inducted into the Hall as the game’s creator, while Doubleday is not. Nonetheless, the myth survives. Major League Baseball Commissioner Bud Selig, for example,  said in 2010 that “I really believe that Abner Doubleday is the ‘Father of Baseball.'” This is the equivalent of saying that one believes in the Easter Bunny.

Selig was later inducted into the Hall of Fame.

2.Believe it or Not! I would support impeaching  President Trump for his tweeting attacks against Amazon. This is such an abuse of Presidential power that it demands at least a Congressional reprimand or sanction. Amazon lost $53 billion in market value in the wake of the tweets, meaning that investors, retirees, and ordinary Americans lost wealth as well. It is unconscionable for a President of the United States to deliberately target a company, just as it is wrong for a President to punch down at a private citizen, but the consequences of doing what Trump has done to Amazon is far, far worse. The Wall Street Journal suggested in an editorial that if the attack on Amazon was politically motivated because Amazon mogul Jeff Bezos owns the Washington Post, impeachment would be justified. Yes, that would be even worse, but it is not an essential element of this “high crime.” The President of the United States must not abuse his power by intentionally harming lawful businesses.

The foolish resistance is so focused on trying to impeach Trump based on exotic laws and imaginary conspiracies that it doesn’t see the real thing when it’s right in front of its face, and the anti-Trump media has so destroyed its credibility by embracing ridiculous impeachment theories that a valid one will just look like more of the same. Continue reading →

Morning Ethics Warm-Up, 4/2/2018: The Unreliable Authorities Edition

/ Jack Marshall / 38 Comments

Good morning!

1.  Another baseball ethics dispute! This is an exciting time of changes in the traditional wisdom of how to play Major League Baseball, all sparked by that new ethics bugaboo, Big Data. Now that so many aspects of the game can be measured and analyzed, tradition and assumptions rarely challenged are now under fire. One massive shift is, ironically, in the matter of shifts, radical defensive alignments in which players are not fielding their normal positions, but rather are places where computer spray charts for each batter suggest that the likelihood of fielding a ball is highest.  This can mean anything from one lonely fielder on the left side of the infield, or four outfielders.

Shifts are not new, but they used to be used on a handful of super-sluggers with dead-pull propensities, notably Ted Williams, who famously refused to bunt for easy hits to the unoccupied side of the field, and instead usually tried to hit through or over the shift. It has been estimated that the Williams Shift, combined with the player’s infamous stubbornness, cost him many points off of his lifetime batting average, especially since Williams defeating the shift by bunting might have discouraged its use.

But he was Ted Williams, the second greatest hitter of all time.  The question of whether lesser batters should bunt against shifts, for now many teams shift against everyone, has an easy answer: Of course they should.

In yesterday’s Twins-Orioles game, Twins starter Jose Berrios had  a one-hit shutout in the ninth inning. leading with one out and no runners on base. O’s rookie catcher Chance Sisco came to the plate—he has my favorite baseball name this season–and the Twins put on a shift like the one Ted Williams despised:

So, knowing he wasn’t Ted Williams and also knowing that in baseball even seven run leads aren’t a sure thing, Chance dropped down a bunt to the left side for a single. Berrios then walked two batter Davis and Manny Machado to load the bases, but finished his shutout by getting the next two outs without further disruptions.

After the game, the Twins players questioned the ethics of Sisco’s hit. Berrios said, “I just know it’s not good for baseball [to bunt] in that situation. That’s it.” Twins outfielder Eddie Rosario said, “Nobody liked that. No, no, no. That’s not a good play.” Second baseman Brian Dozier added, “Obviously, we’re not a fan of it. He’s a young kid. I could’ve said something at second base but they have tremendous veteran leadership over there. I’m sure they’ll address that. It’s all about learning. You learn up here.”

When do you “learn” not to try to win the game and get on base? For Sisco, a rookie, sending the message that shifting against him is a bad risk also is a wise career move. There is a long-standing, and stupid, unwritten rule in baseball that it is “bush league” to try to break up a no-hitter with a bunt, but extending that dubious logic to a mere shutout breaks the Stupid Meter.

2. Coffee is good for you, but be worried when you drink it. Continuing its rapid devolution into Bizarro World, just as increasing scientific evidence suggest that coffee is good for you, California is demanding that it carry a tobacco-like warning label. Last week a judge ruled that Starbucks and  other coffee companies in California must carry a cancer warning label because of a chemical produced while beans roast has been shown to cause cancer in high doses. California’s Safe Drinking Water and Toxic Enforcement Act  requires companies with more than 10 employees to warn their customers about the presence of carcinogenic and toxic chemicals in their products, even in tiny amounts. Acrylamide, a chemical compound that is produced naturally during the roasting of coffee beans, is on the state’s list of chemicals known to cause cancer or reproductive toxicity. The judge ruled that the coffee company had the burden of proof  to show that acrylamide posed no significant health risk to coffee drinkers, even though there is no evidence that coffee does pose a risk. Continue reading →

President Trump And Secretary Mnuchin Join In The Fun Of “Let’s Pretend The Constitution Doesn’t Count!” Month

/ Jack Marshall / 17 Comments

The most pathetic episode in the recent fad of pretending the Constitution is a gossamer wisp that can be altered by a prayer was probably 97-year-old retired SCOTUS justice John Paul Stevens  writing an op-ed re-litigating his minority dissent in District of Columbia v. Heller. That case held that the Second Amendment was an individual right (you know, like all the others in the Bill of Rights). In the process of making a wish for some future Leftist genie to grant, presumably along with banning “hate speech”  and the Republican Party (you get three wishes, remember) Stevens misrepresented the previous 1939 Supreme Court Second Amendment ruling, and appeared not to remember, or just be willing to leave his readers uninformed, that repealing the Second Amendment wouldn’t change any gun laws by itself.

It was kind of sad to watch anti-gun zealots on social media jump up and down with glee as old John Paul engaged in his nostalgia-fest. I had to wonder if the Times would have been similarly eager to publish a similar op-ed from one of the dissenters in Roe v. Wade or Obergefell v. Hodges. Okay, no I didn’t. I understand and am used to the double standard: conservatives are expected to accept the Supreme Court’s rulings as the law of the land when it goes against their beliefs, but rulings that offend liberal agendas are to be considered temporary. Thus I look forward to Justice Ginsberg’s upcoming op-ed on why the 2000 Florida recount should be started up again, and to my left-leaning Facebook friends sharing it with the breathless exhortation, “Read this!”

Insisting that the Constitution doesn’t say what the Court has ruled it says is oodles of fun, so we also had the nauseating spectacle of President Trump and his Treasury Secretary Steven Mnuchin lobbying for  that failed nostrum from the Clinton years, the line-item veto. When Trump signed the $1.3 trillion spending package on March 23, thus moving the United States one step closer to fiscal calamity, he said that it was the last time he would approve such bloated spending, “Trust me, I’ll never do it again” being such a reliable promise in the world of politics.

The President said, 

“To prevent the omnibus situation from ever happening again, I’m calling on Congress to give me a line-item veto for all government spending bills.”

Okay, I don’t expect the current President to be up to speed on Constitutional law, but somebody in the administration has to know that this horse has not only left the barn, it’s run in the Triple Crown, been put out to stud, and ended up in a can of Alpo. Yet here is the Secretary of the Treasury on Fox News Sunday: Continue reading →

Morning Ethics Warm-Up, 3/27/18: Redux And Déjà Vu!

/ Jack Marshall / 50 Comments

Good Morning.

1 Yes, “enemy of the people” is accurate. I searched all over cable and network news this morning to find an outlet that wasn’t dominated by the breaking news that a President-to-be had an adulterous affair with a porn star 12 years ago. I couldn’t find one. The media-wide effort to undermine an elected President and his respect in the nation and the world at a time of great challenges and peril on all fronts is irresponsible, destructive, and demonstrates the collapse of journalism as a bulwark of American democracy.

Journalists don’t have to behave like this: they have chosen to, because they discern that a critical mass of citizens–bad ones–would rather see the President of the United States humiliated and weakened nationally and internationally based on his past than to permit him the same crucial advantage  that every other President since George Washington has been conceded and used. That is the inherent dignity and honor of the office itself. As I wrote here before, almost every President could have been embarrassed in this way, and some far more.  In the past, the public wouldn’t have tolerated it. A full year of “the resistance” and non-stop media attacks made this President uniquely vulnerable to ad hominem attacks, and the only protection left intact between sensational smears and responsible journalism were ethical standards, which is to say, with today’s journalism, nothing at all.

This is no less than a ruthless, ratings- and bias-driven attack on American institutions, and every future President, and the nation, and our democracy, and the world itself, will suffer for it. Ironically, Trump may suffer from it least of all, since no one who supported his candidacy cared about traditional standards regarding who was fit to inherit the legacy of Washington, Lincoln and the rest. Still, this concerted effort to reduce his tenure to endless character assassination does undermine him, and us.

I don’t know what the President meant when he dubbed the news media the “enemy of the people;” he does not use words with anything approaching precision or consistency. I do know what I mean by the phrase, however: an institution that exists to strengthen American democracy has been deliberately engaging in conduct designed to weaken it. That is the conduct of enemies of the people, and that is what the mainstream news media has become.

2. The next Black Lives Matter bandwagon. The news media was also playing tabloid in the Stephon Clark shooting controversy this morning, showing the dead man’s grandmother weeping, asking why he had to die, and asking why the officers couldn’t have shot him “in the arm.” We won’t see a resolution of this case for a long time, but that hasn’t stopped the NAACP, Al Sharpton, Clark’s family and the large number of police-haters on the left from concluding, before any investigation, that he was “murdered.” The family has also hired the same lawyer, Ben Crump, who represented the families of Trayvon Martin and Michael Brown, neither of whom were murdered, and both of whom are still referred to a murder victims on the Black Lives Matter website.

Déjà vu.

In Sacramento, California, on March 18, two officers responded to a radio call regarding a man who was breaking car windows.  The uniformed officers were checking the area on foot when a Sacramento County Sheriff’s Department helicopter pointed them in the direction of a possible suspect, Clark.

He was seen running through a back yard, jumping over a fence, then looking into a car parked in the driveway of what was later revealed to be his grandmother’s house. The officers approached Clark, guns drawn, and ordered him to show them his hands,  a standard command.  Instead Clark ran, with the officers in pursuit. They ordered  Clark to stop, but he ran around the corner of the house and out of the officers’ view. Again the officers followed, then ducked back behind the house, shouting “Show me your hands! Gun!”, then “Show me your hands!” followed immediately by “Gun, gun, gun!” Both officers opened fire, emptying their guns, killing Clark.

Clark had no gun, just a cell phone. The video is inconclusive. Continue reading →