Morning Ethics Warm-Up, 7/11/2018: Baseball! Football! Idiots!

Good Morning!

1. Important stuff first: All-Star Game ethics. The final slot for the two All-Star teams is being determined today, and everyone should want to remedy the egregious injustice of Milwaukee Brewers outfielder Jesus Aguilar being left off the National League squad so far. You can vote for him here, and as many times as you want: the polling will be closed at 4 pm EST.

Aguilar is the victim of parochial fan voting and the rule that requires at least one player from every one of the 30 teams. Still, his omission would be a travesty.  As of today, he leads the National League in home runs, slugging, and OPS (on-base pct. plus slugging) and is a leading candidate for MVP, especially if the surprising Brewers win the NL Central, where they currently lead with the best record in the league. His 2018 performance so far dwarfs that of, for example, Nationals outfielder Bryce Harper, voted onto the NL starting line-up by clueless fans.

2. These are your opinion-makers, America! On “The View,” Loudmouth Ignoramus Joy Behar was discussing the Merrick Garland episode with slumming legal expert and Martha’s Vineyard pariah Alan Dershowitz, who will next be appearing on “Family Feud,” I suppose.

“[The Republicans] stole the first member of the Supreme Court,” opined Dershowitz. “Absolute theft. Unconstitutional. I’m a little critical of President Obama, for whom I voted. He should have nominated Merrick Garland and should have sworn him in. The Constitution says advise and consent. It doesn’t say delay and postpone.”

Behar then asked, because she is an idiot, “Well then how come Mitch McConnell is not in jail? That’s what I want to know.”

“You want to put everybody in jail,” Dershowitz responded.

“I want to put him in jail,” Behar said.

Said  Dershowitz, “I’m against putting people in jail unless they’ve actually committed crimes. I know that’s a radical position.”

“The View” is on ABC five days a week, and has been for more than a decade. I wonder how much it has lowered America’s collective civic literacy and IQ? I think I’m afraid of the answer.

3. The NFL Anthem Protest Ethics Train Wreck update. The NFL players union has filed a grievance over the league’s anti-National Anthem protest policy. (Even in the sympathetic news reports,, exactly what is being protested is left vague, as in Politico’s “racial and other injustice in America, particularly police brutality.” In related developments, former NFL cornerback Brandon Browner has been charged with four felonies, including attempted murder, and in a particularly revolting turn of events, former Portland Trail Blazers star Kermit Washington was sentenced this week to six years in federal prison for spending almost a million dollars in charity donations on vacations, shopping sprees and plastic surgery for his girlfriend.

You see, professional athletes are not paragons, especially good citizens, or valid role models, especially NFL and NBA athletes, among whom are too many drug abusers, felons and dead-beat dads to count. They have no good justification to hijack sporting events to be special platforms for their half-baked social policy nostrums, and they should not be indulged. Let them protest the same way other badly-educated, politically naive and biased citizens do: on their own time. Continue reading

Morning Ethics Warm-Up, 7/6/2018: I See Unethical People…

Good morning, everyone!

1. Good, but better if it had happened six months ago. Ethically-challenged EPA chief Scott Pruitt finally “resigned” yesterday.  He was actually fired, and President Trump should have fired him as soon as it became clear that his pal couldn’t break himself of the bad habits he developed as a lawyer and a politician, including taking advantage of his position for personal gain. There were 14 separate investigations of Pruitt’s conduct, and his continued presence with Trump’s leave undermined the President’s pledge to “drain the swamp.” As several wags said with utter accuracy, Pruitt personified the swamp, but Trump does not place ethics or avoiding the appearance of impropriety high on his list of priorities, and never has. Pruitt’s conduct was also as stupid as it was wrong. He was a villain of the environmental Left, and had bullseyes and laser targets metaphorically covering his body. In such a situation, a prudent individual knows that he or she must be otherwise beyond reproach. Not Pruitt!

The National Review neatly summed up his demise:

“EPA administrator Scott Pruitt had enemies who were out to get him because he is a Republican, a conservative, a high-ranking member of the Trump administration, and an environmental deregulator. But it wasn’t liberals, the media, or deep staters who made him get large raises for his top aides, deny that he knew about it, and then admit that he did. It wasn’t they who made him have an aide find him a discount mattress, or run sirens so he could get to a French restaurant on time. The aides who told journalists, or congressional investigators, or both about Pruitt’s misbehavior weren’t all or even mostly liberals or deep staters. Several of them were conservative Trump supporters who were disturbed by Pruitt’s behavior and thought he was serving both the president and taxpayers poorly. Some of them had come with Pruitt from Oklahoma because they believed in him. The more they saw him in action in D.C., the less they did. Today it caught up with him.”

Good riddance.

2. Wait, haven’t we seen this movie before? Many commenters here expressed skepticism at the accusation that GOP Congressman Jim Jordan had turned a blind eye to sexual abuse  of student wrestlers when he was an assistant wrestling coach at Ohio State almost 40 years ago. Indeed the timing of the story looked like a political hit job, and it may be one whether the allegations are true or not. But now, as I noted in the first post about the controversy, the issue is Jordan’s denials. They rang false to my trained ear, and now there are four former wrestlers who say Jordan knew a team doctor was abusing the students.

It’s still their word against his, but it doesn’t matter. My position, as in the Harvey Weinstein mess, as in cases where fathers are molesting daughters, and in the Penn State scandal and so, so many others, is that those close to the situation either knew or should have known, and often deliberately avoid “knowing.”  Even if Jordan didn’t know, he should have and could have, and if he immediately accepted responsibility when the issue arose, he might have preserved some level of trustworthiness. He didn’t. They never do.

And we know how this movie ends. Continue reading

Ethics Dunce: The American Bar Association

Res Ipsa Loquitur: The American Bar Association  Section on Civil Rights and Social Justice will bestow the prestigious Thurgood Marshall Award on former Obama U.S. Attorney General Eric Holder during the ABA Annual Meeting in Chicago on August 4. It has been obvious for a long time, but if anyone needed any further evidence that the ABA is now a full-fledged partisan left-wing organization masquerading as an objective professional association, this is it. Holder wasn’t just a bad AG, he was a political one in what is supposed to be a non-political office. He was also racialist, and obviously so, regularly coordinating with Al Sharpton and his followers, and constructing a Civil Rights division that adopted the position that only whites could engage in civil rights violations.

Holder should have disqualified himself from any professional awards, not to mention his high office in the Obama Administration, when he gave the green light to President  Clinton’s  infamous pardon of Democratic donor Marc Rich (aka. Clinton’s quid pro quo for his ex-wife’s  fat donation to his Presidential library). In fact, it was a defining moment, and having defined himself as a partisan lackey, Holder was exactly what President Obama wanted at Justice. Holder intervened in the Trayvon Martin case to signal it as a race-related crime in the absence of any evidence, and did likewise in the Michael Brown shooting, lighting the fuse of racial distrust and community anger at police. Then he called the United States a “nation of cowards” regarding race relations. The real coward was Holder, who used his race—he was the first black Attorney General—to shield himself from the accountability and criticism his mishandling of his office deserved.

Holder was held in contempt of Congress—and allowed the captive news media to call the action “racist”—after he withheld documents and key witnesses from oversight committees looking at several scandals in which his Justice Department was complicit. Notable among them was the “Fast and Furious” fiasco in which the government allowed Mexican drug gangs to get high-powered weapons, one of which ended up killing an American. Holder actively misled Congress in testimony under oath.ore than once.  He sought significant reductions in privacy and due process protections for citizens—civil rights? Hello, ABA?— and personally announced and supported Obama’s “kill list” policy, in which the President asserted the right to kill any U.S. citizen on his sole authority without a charge or due process.  Holder let his  department apply the controversial Espionage Act of 1917 to bring twice the number of such prosecutions under the Act that had occurred under all previous Attorneys General.  He led the Obama Administration in a campaign against government whistle-blowers. Holder championed warrantless surveillance (Civil rights? Hello?). Most damning of all given the title of his upcoming award, Holder was personally involved in targeting journalists for surveillance and  was the leader of an Obama administration attack on the news media that was condemned by many public interest and media groups. Holder’s Justice Department seized phone records for reporters and editors  at three Associated Press offices as well as its office in the House of Representatives. Under oath, Holder later claimed to know nothing about any of it.

Writes Prof. Jonathan Turley, who has written many searing articles documenting Holder’s disgraceful tenure at Justice,

“Holder’s “contributions” cost civil liberties dearly in this country. If the ABA is to give him this award, it could at least spare civil libertarians and journalists the reference to civil liberties.”

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Note: You can read the various Ethics Alarms documentation of Holder unethical words and conduct here.

This one is probably my favorite, from 2014.

July Fourth 2018 Post Red Sox Victory Over The Nationals Ethics Warm-Up: Patriotic Births And Deaths, Siri, Affirmative Action, And A GOP Rep. Wants To Forget The Past…

Happy

Fourth of July!

Sorry for the late Warm-Up: I had to root the Red Sox to victory in an 11 AM game, and will soon celebrate Independence Day by seeing “Jurassic World II”…

1. Ethics Dunce: Siri.  A speech by British Defense Secretary Gavin Williamson  in the House of Commons  yesterday was interrupted when Apple’s smartphone digital assistant, which heard her master mention terrorists in Syria, blurted out,  “I found something on the web for Syria!”

2. Good. Let it never be said that the Trump administration didn’t accomplish anything positive. Yesterday the Administration withdrew several Obama Administration policy documents designed to push universities toward admissions policies that involved preferences based on race. Affirmative action, which is government sanctioned race discrimination (because the ends justify the means) has always defied the Constitution, and the Supreme Court has consistently warned that the leash was short, and the breach would not be tolerated forever.  With higher education flagship Harvard University being exposed as grossly discrimination against deserving Asian-American applicants in the interest of “diversity,” and an affirmative action-tender majority on the Supreme Court looking like a thing of the past with Justice Kennedy’s retirement, this relic of the Seventies, a policy that exacerbated racial divisions as much as any factor in U.S. society, needs to be rejected completely and finally, and the announcement from the Education Department is an excellent start. In a related statement, as in the earlier withdrawal of the “Dear Colleague letter” that extorted universities into dispensing with due process and a presumption of innocence in student sexual assault cases, Attorney General Jeff Sessions pointedly rejected this method of abusing power that the Obama Administration fine tuned to an art, saying,

The American people deserve to have their voices heard and a government that is accountable to them. When issuing regulations, federal agencies must abide by constitutional principles and follow the rules set forth by Congress and the President. In previous administrations, however, agencies often tried to impose new rules on the American people without any public notice or comment period, simply by sending a letter or posting a guidance document on a website. That’s wrong, and it’s not good government.”

Exactly. Continue reading

People Are Going To Hate This, But: Being A Father Doesn’t Confer An Exception From Basic Rules And Process

Case Study I:

In a perfect example of the “Awww!” Facter at work, Marc Daniels was hailed as a model dad after he jumped on stage and began dancing with his toddler daughter when stage fright paralyzed her during a ballet performance in Hamilton, Bermuda. The cute video went “viral.”

 

 

Let’s stay away from the inherent ethical problems of having two-year-olds perform on stage at all.  Let’s also stipulate that the fact that the audience applauded is irrelevant; applause doesn’t validate misconduct. Those Broadway fools applauded Robert Di Niro for saying “Fuck Trump.”

Here’s the ethics point: cute or not,  Daniels had no justification for hijacking the performance. The performance had a director. Adults were in charge of the situation.  This was his solution: how does anyone know what the next parent who feels so empowered might do? Order the number re-started? Shout at his daughter?  What if other parents were unhappy with their children’s demeanor on stage? What if they felt Daniels’ interference was upsetting and distracting their daughters? Daniels was an audience member, and the ethical limits on his performance were the same as on any audience member.  Is this a ballet only exception, or should dads jump out of the stands to complete a Little League play when their kids drop the ball? There is no difference. Let me say it again: there is no difference.

Daniels’ daughter was 2. What’s the cut-off when such parental interference is inappropriate? 4? 8? 12? 36?

I see this as part of the “Think of the children!” disease, an unfortunate and unanticipated consequence of women having equal access to levers of power and the presumed legitimacy that goes along with it. Parenting, love, loyalty and compassion outranks everything now, even law, rules, and common sense, and men have been so intimidated about “man-splaining” and are so terrified of being called sexist that they are adopting this warped hierarchy that can only result in chaos if it becomes the norm.

Case Study II: Continue reading

From The “Is We Getting Dummer?” Files: The College Board Thinks History Is Too Old…

 

The College Board, which makes the Advanced Placement tests, announced that it wants to stop including questions that cover events before 1450 on its history tests.

No wonder the nation is becoming more historically ignorant every generation. The educational establishment doesn’t comprehend the most basic of principle governing the study of history: everything can only be understood in the context of what occurred before.

1450? What about Julius Caesar, the Roman Empire, the Mongol invasion, the Pharaohs,  Plato, Aristotle, and Alexander the Great? What about Hastings, the Magna Carta, Marathon, and Christianity?

Whatever.

The eternal question here, since Ethics Alarms was launched in 2009, has been, “Which profession’s ethics are declining more quickly, journalism, or education? A case can be made that education is priming the decline of journalism, since increasingly journalists appear to be narrow, under-informed,and limited in their reasoning and analytical skills.

From Ethics Alarms “The Truth Hurts” Files: Target’s Fathers Day Card

Target came under fire for putting out the Father’s Day card above, and apologized, especially for having only a black couple version.

Interesting: what exactly is wrong about the card? It depicts the state of black fatherhood as it is: about 72% of black births are to unmarried couples, while about 32% is the white figure. Is the perceived problem that the card shames African Americans, or that it appears to give couples having children without bothering with marriage a societal pass by celebrating their lack of responsibility? Not being married to a child’s mother vastly increases the likelihood of absentee fathers, and being raised by single mothers is statistically linked to many social pathologies that disproportionately plague black communities.

Maybe Target isn’t the one who should be apologizing. One incensed critic wrote on Twitter, “This is an insult to black fathers and a slap in the face to the African-American community as a whole.” No, that would be true if the card’s implication wasn’t true. It is true. Now what? Getting angry at Target is a deflection.

Of course, the likelihood is that Target wasn’t thinking deeply about this at all. It just thought the “baby daddy” card opened up a new Fathers Day market.

A Brief #MeToo Related Note…

“Judges have a special responsibility to promote appropriate behavior and report instances of misconduct by others, including other judges,”  states the executive summary of a report submitted to the Judicial Conference of the United States, referring to the workplace.

No, everybody has a special responsibility to promote appropriate behavior and report instances of misconduct by others—including judges, lawyers, artists, CEOs, managers, actors, journalists..all “others”) in the workplace.  Judges aren’t special. Anyone who allows a co-worker, a colleague, a superior, a manager or an officer to engage in workplace harassment without taking steps to expose it and end it is complicit in the victimization of the individuals harmed.

Someone ask Bill Clinton, who, hilariously, now says that he supports #MeToo, if he agrees with the above statement. How many people, do you think, had to fail their responsibility to promote appropriate conduct by him in the workplace, for him to obtain power and influence, and convert it to great wealth? Hundreds? Thousands? Tens of thousands? More?

Who else should we ask?

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Source: ABA Journal

Well, At Least Something Constructive Has Come Out Of The Latest Anti-Gun “Do Something!” Blather: Welcome Rationalization 40 A. Otter’s Solution, Or “I Had To Do Something!” And Rediscovered 40 B., The Lone Inspiration Excuse, Or ” Do You Have A Better Idea?”

We have talked about the empty grandstanding nostrum “Do something!” here quite a bit: there is even a tag for it, introduced in 2016, when the best the House Democrats could come up with to satisfy their anti-gun base that time around was a juvenile sit-in to demand suspension of the Fifth AND Second Amendments. Then I wrote,

The public debate over the various proposals to “do something!” about mass shootings is as depressing as any discussion I have ever participated in. The willingness of gun opponents, Democrats, journalists, pundits and otherwise intelligent people to not only defy the Bill of Rights guarantee of due process but to literally ignore its existence shows how close the stinking breath of totalitarianism is to the neck on our nation, and that it is much hotter than I realized. This isn’t an exception or an anomaly. This is a result of carefully bred contempt for American values.

The intense ignorance crossed with malice toward our Constitution reached a climax of sorts today on social media, as people who should know better (and people who do know better, like erstwhile Harvard Law professor Elizabeth Warren) applauded the cynical and hypocritical “sit-in” by House Democrats, who said they would hold their breath until they turned blue unless the Congress of the United States voted to allow the government to take away the rights of citizens based on “suspicion.” Only rationalizations can defend this position, primarily among them “The Saint’s Excuse,” or “It’s for a good cause,” “It” is this case meaning..

  • Accepting the ethically and morally bankrupt principle that “the ends justify the means”
  • Setting a precedent for allowing the government to abridge any rights it chooses once by some standard it finds a law-abiding citizen “unworthy”
  • Enacting a provision that the ACLU has pronounced unconstitutional
  • Establishing the principle that the Congress can and will abandon the rule of law as long as enough members of the public and media let emotion overcome reality
  • Lay the groundwork for a President, like say, just to pick a crazy, impossible example out of the air, President Trump, who is as ignorant of the rule of law as the position’s supporters, to really start ripping up the Bill of Rights, beginning with Freedom of the Press, Freedom of Religion and Freedom of Association.

To put it another way, it’s a really, really stupid and indefensible position.

But that’s “Do something!”  That’s’ where it gets you.

For some reason, however, I didn’t realize then that not only is “Do something!” bolstered, enabled and pointed to by many rationalizations [ Among them…“I’m on The Right Side Of History,”“This can’t make things any worse,” “Just this once!,” “It’s for a good cause,” “If I don’t do it, somebody else will,” “There are worse things,” “I’m just giving the people what they want!,” “I have no choice!,”“It’s My Duty!,” “These are not ordinary times,” “Ethics is a luxury we can’t afford right now,”  “I’ll do anything!,”  “If it feels good, do it!,” “Think of the children!,”  “If it saves just one life,” and “It’s the right thing to do”…] since it can’t be supported ethics or reason, it is itself a rationalization in its “I had to do something!” form or “You can’t expect me to do nothing, can you?” version. It is a very insidious and dangerous rationalization. I am angry that I didn’t see it before.

I see it now because the Santa Fe shooting really undercuts all of the previous “reasonable gun control measures” that had been proposed to end all school shootings forever, as the pompous Parkland naifs insisted. Banning assault-style weapons and “high capacity magazines.” Background checks and longer waiting periods. Tougher vetting of mental health records of gun purchasers. Not one of these, nor all of them together, would have stopped the shooting in Santa Fe. Rather than admit this like fair, rational people, the anti-gun mob has devolved into shouting, “Well….do SOMETHING!”

On my Facebook page, an old friend, a lawyer, not yet senile as far as I know, actually posted, “Hey guys, here’s an idea: let’s finally do something about all this gun violence!” And that was it. Something. No other recommendation. Something. Brilliant. Why didn’t we think of that before?

The clip that introduces this post, which I have run here before, is the famous moment in “Animal House” in which the Delta House members, led by wise-ass Otter and chaotic Bluto, conclude that the only response they can muster to being kicked off campus is a “really futile and stupid gesture.” Hence the title of #40A. I was tempted to call it Kelly’s Solution after this…

….but Otter’s is funnier, and illustrates perfectly what acceptance of “Do Something!” as a justification leads to…futile and stupid gestures, or worse. For example, it paves the way for totalitarianism, as a desperate public cheers on action for action’s sake, not paying proper heed to where the action leads.

Rationalization #40 A., Otter’s Solution, or “I had to do something!” is an invitation to be unethical, irrational, reckless and irresponsible, bypassing law, values, common sense, and any other obstacle that usually constrains bad policy and  conduct. It creates an intellectually dishonest shortcut, making the decision to act before any effective action is considered, designating action the objective rather than what the objective of the action should be. Obviously this is backwards, and it is intentionally backwards, because it takes a detour around essential questions, responsible decision makers must consider before acting,  like “Is this legal?” “Is this wise?” “What will be the long term consequences?,”  “Can this work?” and “What are the costs?” Rationalization 40A makes the conduct itself the objective rather than the results of the conduct. The imaginary virtue is taking action—even if it is futile and stupid.

And, if one challenges the badly-reasoned “something” that 40 A supports, one often will be challenged by 40 B. The Lone Inspiration Excuse, or ” Do You Have A Better Idea?”

40 B. The Lone Inspiration Excuse, or ” Do You Have A Better Idea?” qualifies as The Lost Rationalization. I announced it two years ago, never entered it on the list, and forgot about it, until today.

I am not obligated to solve the problem you cannot solve without breaching ethics or law.  Nor is it obligatory for someone pointing out why proposed conduct is illegal, unethical, dangerous, imprudent and wrong to posit alternatives for the verdict on the proposed conduct to remains valid. The Lone Inspiration Excuse suggests that a terrible course of conduct can become acceptable by default. How many catastrophes have been created by that warped logic? If a proposed measure is too wrong and reckless to undertake, it shouldn’t be undertaken. That’s the first step. Finding a better course comes later, or never, if there isn’t one.

The ethical response to someone who reasonably and carefully explains why proposed conduct cannot work and violates principles of law, ethics or common sense deserves a thank you, for that is valuable information. “Well, you solve it then!” is not a fair response. It’s a deflection, and a transparent one. If the only course of action being proposed is unethical, then the responsible and ethical better idea may be not to do anything at all.

Unethical Quote Of The Week: Texas Governor Greg Abbott

“Not only did he want to commit the shooting, but he wanted to commit suicide after the shooting. He didn’t have the courage to commit suicide.”

—-Texas Governor Abbott (R) to reporters today, speaking of 17-year-old Dimitrios Pagourtzis, the Santa Fe shooter.

The only question is whether this statement proves that Abbott is an idiot, or if he was just idiotically irresponsible on this occasion.

Kudos to Ann Althouse for the catch. She writes, “Whatever outrage you feel fired up or politically motivated to express, do not put that idea out there for young people to consume: Suicide is an act of courage.”

Exactly.

Choosing life, as well as choosing to accept the consequences of your actions, is usually the courageous choice. Does Abbott not know this, or was he just reaching for a cheap insult to use against a killer, and inadvertently stuck his foot in his mouth?

Someone should have asked him about the horrible suicide in New York City yesterday, when former Playboy Playmate Stephanie Adams jumped to her death from the top floor of the Gotham Hotel with her 7-year-old son in her arms. 

Governor Abbott must have really admired that.